philippine legal citations-report

8/14/2019 Philippine Legal Citations-Report

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Philippine LegalCitations


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Considering all the sources of

Philippine legal information from the1900s to present, uniform standard ofPhilippine citation is need for clarity,andconsistency. Each individual has his ownstyle and preference in legal research

and writing.The two manuals used as a guide to

cite Philippine legal information are: TheUniversity of the Philippines Philippine

Manual of Legal Citations by Myrna S.Feliciano (5thed. 1999) and the SupremeCourtsManual of Judicial Writing (2005)


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Rule 1 - Constitutions

The Constitution cited by reference toarticle, section and paragraph.

Examples:

Const. (1935), Art. VIII, Sec. 1Const. (1973), Art. XI, Sec. 1

When the Constitution is no longer in force,put year in parenthesis.

Examples:

Const, Art. VIII, Sec 1


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CODES As a general rule, cite the name of the

particular code, article number or section

number (if any) without any indication ofdate. But when the code is no longer inforce or has been subsequently revised,put the year of effectivity in parenthesis.

Examples:CIVIL CODE, art. 15.

CIVIL CODE (1889), art. 67.

Rule 2 Codes and Statutes


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The following is a list of Philippine Codes and how theyare cited:


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STATUTES PROPER

Laws passed by the Legislative Department

from 1901 to present are cited as follows:a.2.1 Public Laws 1901-1934

Act No. 136 (1901)

a.2.2 Commonwealth Acts, 1935-1945

Com. Act No. 35 (1935)

a.2.3 Republic Acts, 1946-1972, 1987-present

Rep. Act No. 88 (1946)

a.2.4 Presidential Decrees, September 21, 1972

February 1986

Com. Act No. 35 (1935)

a.2.5 Batas Pambansa, January 1979 February 1, 1986

Batas Blg. 129 (1980)


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Initial citations for statutes : {full title}, {statutenumber}, {subdivisions} ({year}).

Example:

An Act Penalizing the Making of Drawing

and Issuance of a Check Without Funds or

Credit and for Other Purposes, Batas

Pambansa Blg. 22 sec. 6 (1978)

Subsequent citation for statutes: {abbreviatedstatute number}, {subdivisions}

Example:

B.P. 22, sec. 6.


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Cite the name of the agreement and theexact date of signature by the Philippines.The effectivity date or date of entry intoforce may be given parenthetically at the

end of the citation. Shorten title of thecited agreement by substituting with forBetween the Republic of the Philippinesand. Give the source of the text of the

treaty.Example:

Philippines Extradition Treaty with the UnitedStates, November 27, 1981, 8 PTS 978

Note: 8 cite in the source represents the volume number

Rule 3 Treaties


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Presidential issuances are cited by thenumber of the issuance and followed bythe date of issuance. The date is important

for each year, the number starts with thefirst number (No. 1)Examples:

a.4.1 Executive Orders

Exec. Order No. 200 (1986)a.4.2 Proclamations

Proc. No. 1081 (1972)

a.4.3 Administrative Orders

Adm. Order No. 200 (2005)

Rule 4 Executive/Presidential

Issuances


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Government offices and agenciespromulgate their own rules andregulations.

As a general rule, {issuing agency}, {title},{official source}, {page} and {date}

Examples:

a.5.1 Bureau of Internal Revenue, RevenueMemorandum Circular No. 37-93, 89 O.G. 4476, Aug. 9,

2003

a.5.2 Administrative Order No. 1 promulgated by theDept of Energy on Jan 5, 2006:

DOE Adm. Order No. 1 (2006)

Rule 5 Administrative Rules andRegulations

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