HOW TO PREPARE A LEGAL CITATION

I. PRIMARY SOURCES

A. COURT DECISIONS

1. Case Names

a. General Rule

Cite cases by giving the surname of the parties, the volume, the title and page of reports, and the year of promulgation in parenthesis. Abbreviate versus or contra as “v.” When used in the text, underscore the title of the case. If printed, italicize. Place the source or citation in the footnote. Example:

Ariaga v. Javellana, 92 Phil. 330 (1952)

If two or more actions are consolidated in one decision, cite only the first listed. b. Exceptions 1. Cite Islamic and Chinese names in full. As to those with Christian full names, follow the general rule. Examples:

Lim Sian Tek v. Ladislao

Una Kibad v. Commission on Elections

(Note: The reason why Chinese and Islamic names are spelled out in full is that there are many similar names in Chinese aggravated by the absence of a middle name or middle initial, to distinguish one person from the other. 2. Cite Compound names in full.

Examples:

People v. De la Cruz

Abad Santos v. Auditor General

Galeos-Valdehuesa v. Republic3. Always cite names of Corporations, associations, business firms and partnership in full. Words forming such parts may be abbreviated, except the first word. Examples:

Mata v. Rita Legarda, Inc.

Allied Workers Ass’n of the Phil. V. Republic Trading Corp.

However, if one of the parties is a partnership, do not omit any portion of the partnership name. WRONG: Cruz v. Merill, Lynch. RIGHT: Cruz v. Merill, Lynch, Pierce, Fenner, & Smith, Inc.

Likewise, omit alternative names given for any party such as a trade name under which the party conducts business. WRONG: Wilson U. Ng doing business and style as Compact

Blockbuster Video, Inc. v. Juan de la Cruz RIGHT: Ng v. De la Cruz

In special proceedings, “Estate of,” “Intestate of” and “Will of” are not considered procedural phrases, but are part of the case name. Do not omit these terms.

WRONG: In re Le Liong RIGHT: Intestate Estate of Le Liong v. Ang Chia, L-3342, April 18, 1951

4. Cite cases involving the Government of the Philippines and criminal cases as follows:

Government v. _______; Commonwealth v. _______;Republic v. _______; U.S. v. _______;People v. _______; depending upon the title of the case.

Examples:

Government v. AbadinasRepublic v. CarpinCommonwealth v. CorominasU.S. v. JaranillaPeople v. Santos

5. Cite cases involving public offices or officers as follows:

a . Where the person is named in his official capacity, give the name of the person only.

Examples:

City of Manila v. Subido not Coty of Manila v. Subido, in his capacity as Civil Service Commisioner

Gonzales v. Hechanova not Gonzales v. Executive Secretary

b. Where the office is named, give the complete name of the office.

Examples:

Collector of Internal Revenue v. Tan Eng Hong

Chief of Phil. Constabulary v. Sabungan Bagong Silangan

6. Always cite Municipality of _____, City of _____, Province of _____ as they appear in the decisions.

Examples:

Province of Rizal v. R.T.C 7. Cite case names beginning with procedural terms like Ex parte, Ex

rel and In re as they appear in the decision. Use In re instead of In the matter of.

Examples:

Ex parte Milligan

U.S. ex rel Greathouse v. Smith

2. Case Reports

a. Supreme Court Decisions

Supreme Court decisions are printed in an official report and in at least two unofficial reports. Official Reports

Official reports are printed by the court issuing the case, out of funds provided by the legislature. For example, the official site for Supreme Court cases is the Philippine Reports. This is published by the Supreme Court. Unofficial Reports

All commercially published reporters such as the Supreme Court Reports Annotated (SCRA) and the Supreme Court Advanced decisions (SCAD) contain unofficial reports.

When the decision is already found in the Philippine Reports,

indicate only the Philippine Reports citation. 1. PHILIPPINE REPORTS

Cite as: volume Phil. page (year)

Example:

Diaz v. Estrera, 106 Phil. 637 (1947)

If the case is not yet published either in the Philippine Reports or in the SCRA or SCAD, or it is a very recent decision, cite the title of the case, the G.R. number, then the date.

Example:

People v. Nubia, G.R. No. 137164, June 19, 2001 2. OFFICIAL GAZETTE

Cite G.T. docket number and date of promulgation before the O.G. citation.

Cite as: G.R. No. _____, date promulgated, volume O.G. page (Month and year of issue). Example:

Espiritu v. Rivera, G.R. No. 17092, September 30, 1963, 62 O.G. 7226 (Oct. 1966).

If the decision is found in a supplement, indicate the supplement number, page, and date of issue. Example:

46 O.G. Supp. No. 11, 22 (Nov. 1950). 3. GENERAL REGISTER (G.R.) – Advance decision of the Supreme

Court.

Cite as: G.R. No. _____, date of promulgation, omitting the L- which refers to post liberation decisions. Example:

Estapa v. Diansay, G.R. No. 14733, September 30, 1960.

a . For disciplinary cases against attorney-at-law, cite as:

G. R. Adm. Case No. _____, date of promulgation.

Example: In re Mallare, G.R. Adm. Case No. 533, April 29, 1968.

b . For disciplinary cases against judges, cite as:

G.R. Adm. Case/Matter No. _____, date of promulgation. Example:

Secretary of Justice v. Catolico, G.R. Adm. Case no. 203-J & Adm. Matter No. 625-CFI, November 18, 1975.

b. Court of Appeals Decisions, 1936 –

1. APPELATE COURT REPORTS (v. 21, 1937 and V. 8, 1947 are the only ones published) – Cite as: volume C.A. Rep. page(year)

Example:

Chunaco v. Singh, 8 C.A. Rep. 488 (1947)

2. COURT OF APPEALS REPORTS, Second Series

Cite as: volume C.A. Rep. 2d page(year)

Example:

Flores v. Valpena, 2 C.A. Rep. 2d 64 (1962) 3. COURT OF APPEALS GENERAL REGISTRAR (C.A. – G.R.) – Advance decisions of the Court of Appeals.

Cite as: C.A.-G.R. No. _____-R, CV, CR, or SP, date of promulgation.

Example:

Caliboso v. Bueno, C.A-G.R. No. 20401-R, April 8, 1960.

4. OFFICIAL GAZETTE

Cite as: Sandiganbayan Crim. Case No. _____, date of promulgation, volume O.G. page (month and year of issue). Example:

Manila Electric Co. v. Allarde, C.A. Sp No. 11850, May 15, 1987, 86 O.G. 3447 (May, 1990) 5. Other Courts

1. SANDIGANBAYAN DECISIONS

Cite as: Sandiganbayan Crim. Case No. _____, date of promulgation, volume Sandiganbayan Rep. page (year of issue). Example:

People v. Sabarre, Sandiganbayan Crim. Case No. 001, December 12, 1979, 1 Sandiganbayan Rep. 305 (1979). 2. COURT OF TAX APPEALS DECISIONS

Cite as: CTA Case No. _____, date of promulgation. Example:

Abad. V. Commissioner of Internal Revenue, CTA Case No. 717, June 4, 1963. 3. REGIONAL TRIAL COURT DECISION

Cite as: RTC (Place and Brance No. ___) Crim. Case or S.P. No. R-_____, date of promulgation. Example:

People v. Johnson, RTC (San Jose, Occidental Mindoro, Br. 45) Crim. Case No. R-1681, August 6, 1984.4. METROPOLITAN TRIAL COURT

Cite as: MeTC (Place and Branch No.) Civil or Criminal

Case No. _____, date of promulgation. Example:

Skell Distribution Co., Inc. v. Balmaceda, MeTC (Manila, Branch X) Civil Case No. 59563, July 20, 1982. 5. MUNICIPAL TRIAL COURTS AND MUNICIPAL CIRCUIT

TRIAL COURT DECISIONS

Cite as: MCTC or MTC (Place) Crim. Case No. _____, date of promulgation. Example:

People v. Soliven, MCTC (Paoay-Currimao, Ilocos Norte) Crim. Case No. 992-C, November 11, 1983. 6. SHARI’AH DISTRICT AND CIRCUIT COURTS

Cite as: Shari’ah Dist/Circ. Ct. (place) date of promulgation. Example:

Al-Awachi v. Rulona, Shari’ah Dist. Ct. (Marawi City) Special Proceeding No. 011-87, September 15, 1988.

d. Administrative Decisions

Cite by the name of the agency (when there is an abbreviated form, use abbreviation or acronym) case number and date of promulgation. Example:

Tinio v. Dizon, DANR Case No. 2734, April 24, 1967.

In re Colocado, CSC Adm. Case No. R-27182, September 26, 1964. The following is a list of some administrative agencies and boards exercising regulatory and quasi-judicial functions:

SELECTED ADMINISTRATIVE AGENCIES AND BOARD EXERCISING REGULATORY AND QUASI-JUDICIAL

FUNCTIONS

Agency or Board Cite AsAgricultural Inventions Board AIBArmed forces of the Philippines, Office of the Judge Advocate General

JAGO

Board of Communications BOCBoard of Investments BOIBoard of Liquidators BOLBoard of Pardons and Parole BPPBureau of Food and Drugs BFADBureau of Lands BLCentral Board of Assessment Appeals CBAACivil Aeronautics Board CABCivil Service Commission CSCCommission on Audit COACommission on Elections COMELECCommission on Higher Education CHEDCommission on Human Rights CHRDepartment of Agriculture DADepartment of Energy DEDepartment of Environment and Natural Resources

DENR

Department of Finance DOFDepartment of Foreign Affairs DFADepartment of Interior and Local Government

DILG

Department of Justice DOJDepartment of Labor and Employment DOLEDepartment of National Defense DNDDepartment of Public Works and Highways DPWHDepartment of Science and Technology DOSTEmployees Compensation Commission ECCGovernment Service Insurance System ` GSISHousing Land Use Regulatory Board HLURBLaguna Lake Development Authority LLDALand Registration Authority LRALand Transportation Franchising and Regulatory Board

LTFRB

Local Water Utilities Administration LWUAMaritime Industry Authority MARINAMerit Systems Board MSBMetropolitan Waterworks & Sewerage System

MWSS

Monetary Board MBMovie and Television Review and Classification Board

MTRCB

National Bureau of Investigation NBINational Conciliation and Mediation Board NCMBNational Economic Development Authority NEDANational Food Authority NFANational Housing Authority NHANational Irrigation Administration NIANational Labor Relations Commission NLRCNational Library NLNational Telecommunications Commission NTCOffice of the Solicitor General OSGOffice of the Ombudsman OMBUDSMANOffice of Government Corporate Counsel OGCCOverseas Workers Welfare Administration OWWAPhilippine Coast Guard PCGPhilippine Coconut Authority PCAPhilippine Export Zone Authority PEZAPhilippine National Railways PNRPhilippine Overseas Employment Administration

POEA

Philippine Sports Commission PSCPhilippine Veterans Administration PVAProfessional Regulation Commission PRCReparations Commission REPACOMSecurities and Exchange Commission SECSocial Security System SSSTariff Commission TCTextbook Board TEXTBDToll Regulatory Board TRBVideogram Regulatory Board VRB