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    Sources of Law and Legal Citations - RDQ Updated PDF

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    Alexis Anne P. Arejola
    This document discusses the hierarchy and sources of law in the Philippines. It begins by outlining the hierarchy of laws, with the Constitution at the top, followed by statutes, treaties/international agreements, international law, jurisprudence, administrative issuances/rules/regulations, and ordinances. It then discusses primary sources of law such as laws, jurisprudence, and administrative issuances, as well as secondary sources such as books and articles. The document concludes by providing guidelines for legal citations and formatting bibliographies.

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    Sources of Law and Legal Citations - RDQ Updated PDF

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    Alexis Anne P. Arejola
    42 views42 pages
    This document discusses the hierarchy and sources of law in the Philippines. It begins by outlining the hierarchy of laws, with the Constitution at the top, followed by statutes, treaties/international agreements, international law, jurisprudence, administrative issuances/rules/regulations, and ordinances. It then discusses primary sources of law such as laws, jurisprudence, and administrative issuances, as well as secondary sources such as books and articles. The document concludes by providing guidelines for legal citations and formatting bibliographies.

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    This document discusses the hierarchy and sources of law in the Philippines. It begins by outlining the hierarchy of laws, with the Constitution at the top, followed by statutes, treaties/international agreements, international law, jurisprudence, administrative issuances/rules/regulations, and ordinances. It then discusses primary sources of law such as laws, jurisprudence, and administrative issuances, as well as secondary sources such as books and articles. The document concludes by providing guidelines for legal citations and formatting bibliographies.

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    © All Rights Reserved
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    42 views42 pages

    Sources of Law and Legal Citations - RDQ Updated PDF

    Uploaded by

    Alexis Anne P. Arejola
    This document discusses the hierarchy and sources of law in the Philippines. It begins by outlining the hierarchy of laws, with the Constitution at the top, followed by statutes, treaties/international agreements, international law, jurisprudence, administrative issuances/rules/regulations, and ordinances. It then discusses primary sources of law such as laws, jurisprudence, and administrative issuances, as well as secondary sources such as books and articles. The document concludes by providing guidelines for legal citations and formatting bibliographies.

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    of 42

    Sources of Law & Legal Citations

    LEGAL RESEARCH

    Ryan Jeremiah D. Quan, J.D., LL.M. (Notre Dame)

    1
    Sources & Hierarchy
    of Laws

    2
    Hierarchy of Laws

     Constitution
     1987 Philippine Constitution
     “Fundamental law of the land”
     Laws, rules, regulations, orders are valid only when they
    conform to the Constitution

     Statutes
     Acts, RA, CA, PD (Marcos), EO (C. Aquino)

    3
    Hierarchy of Laws

     Treaties & International Agreements


     Treaties, Conventions, Covenants, Accord, Protocol, Charter,
    Concordat, Exchange of Notes
     Source of Law (Art. 38, ICJ Statute)
     Binding nature depends of State consent to be bound (see
    Articles 11-15, Vienna Convention on the Law of Treaties)

    4
    Hierarchy of Laws

     International Law
     Principle of Incorporation: “The Philippines… adopts generally
    accepted principles of international law as part of the law of the
    land...” (Art. 2, Sec. 2, 1987 Philippine Constitution)

    5
    Hierarchy of Laws

     Jurisprudence
     Judicial decisions applying or interpreting the laws or the
    Constitution shall form a part of the legal system of the
    Philippines. (Art.8, Civil Code)

     Administrative issuances, rules, and regulations


     ADMINISTRATIVE CODE, Bk. IV, Chap. 11
     ADMINISTRATIVE CODE, Bk. IV, Chap. 6, § 36

    6
    Hierarchy of Laws

     Ordinances
     Statutes of limited application
     Must conform to the Constitution and national laws (see
    White Light Corp. v. City of Manila, 2009)

    7
    Sources of Law

     Primary Authorities
     Laws, jurisprudence, administrative issuances, ordinances

     Secondary Authorities
     Books, treatises, journal articles, theses, news clips, reliable
    websites

    8
    Legal Citations
    Taken from Atty. Dan Kevin Mandocdoc’s
    FUNDAMENTAL RULES ON THESIS CITATIONS

    9
    Why cite?

     Avoid plagiarizing another’s work

     Aid the future researcher find one’s sources

     Provide evidence for one’s argument

    10
    How long does it take to cite?

    Not an overnight thing


    Tip:
     Complete the citation details while writing the body

    11
    How to cite?

     Footnotes
     ALJ Legal Citation Guide
     The Bluebook

     Full citations v. subsequent citations

     Requires precision

    12
    Basics – Footnotes

     Philippine Constitution:
    PHIL. CONST. art. ___, § ___, ¶ ___.
    Note:
    Always cite the Constitution in full.

    1. PHIL. CONST. art. II, § 3.


    2. PHIL. CONST. art. II, § 3.

    13
    Basics – Footnotes

    Codes/Statutes:
    Full Title [Short Title], Statute Number,
    subdivisions, (year).

    3. An Act to Ordain and Institute the Civil


    Code of the Philippines [CIVIL CODE],
    Republic Act No. 386, art. 21 (1950).
    14
    Basics – Footnotes

    Subsequent citations:
    Short Title, subdivisions.

    4. PHIL. CONST. art. I.


    5. CIVIL CODE, art. 3.
    6. Id. art. 207.

    15
    Basics – Footnotes

    Supreme Court Decisions:


    Case Title, volume number
    SCRA/SCAD/Phil. first page, cited
    page (year).

    7. Quan v. Mandocdoc, 436 SCRA 30, 41


    (2008).

    16
    Basics – Footnotes
    Subsequent citations:
    First Party, volume number
    SCRA/SCAD/Phil. at cited page.

    8. PHIL. CONST. art. I.


    9. Quan, 436 SCRA at 54.
    10. Id.
    11. Id. at 52. 17
    Basics – Footnotes

    Separate opinions
    Cite like an ordinary case (J. Surname of
    Justice, separate/concurring/dissenting
    opinion).

    12. Philippines v. Mandocdoc, 416 SCRA 20,


    31 (2007) (J. Arriola, dissenting opinion).
    13. Id. at 59 (J. Sta. Maria, concurring opinion).
    18
    Basics – Footnotes

     Books with Single Author


    AUTHOR, TITLE cited page (year of publication
    or edition number year of publication).

    14. FLORENZ D. REGALADO, CRIMINAL LAW


    CONSPECTUS 45 (4th ed. 2009).
    15. Id. at 342.

    19
    Basics – Footnotes

    Books with Multiple Authors


    AUTHOR 1 & AUTHOR 2 OR AUTHOR 1, ET AL.,
    TITLE cited page (year of publication or
    edition number year of publication).

    16. JOSE C. VITUG & ARNESTO D. ACOSTA, TAX


    LAW AND JURISPRUDENCE 89 (3d ed. 2006).

    20
    Basics – Footnotes

    Subsequent Citations
    SURNAME OF AUTHOR(S), supra note
    footnote, at page being cited.

    17. REGALADO, supra note 14, at 13.


    18. VITUG & ACOSTA, supra note 16, at 432.

    21
    Basics – Footnotes
    Consecutively Paginated Journals
    Author, Title of the Article, volume number
    JOURNAL first page, cited page (year).

    19. Ryan Jeremiah D. Quan, Revisiting


    the Element of Exploitation in the
    Definition of Trafficking in Persons in Republic
    Act No. 9208, 57 ATENEO L.J. 402, 405 (2012).
    20. Id. at 408.
    22
    Basics – Footnotes
    Unpublished Theses
    Author, Title of the Article, at page number
    (date) (description, institution that awarded
    the degree) (source).

    21. Jose P. Tejada, A Critique of the


    Jurisprudence on the Matter of Supreme
    Court’s Administrative Supervision, at 11 (2002)
    (unpublished J.D. thesis, Ateneo de Manila
    University) (on file with the Professional Schools
    Library, Ateneo de Manila University).
    23
    Basics – Footnotes

     Websites
    Author, Title of the Article, available at URL (last
    accessed date).

    22. United Nations Office of the High Commissioner


    for Human Rights, What are human rights?,
    available at
    http://www.ohchr.or/en/issues/Pages/WhatareHuman
    Rights.aspx (last accessed June 26, 2016).

    24
    Basics – Footnotes

     News Articles Online


    Author (if available), Headline, NEWSPAPER, date of
    publication, available at URL (last accessed date).

    23. Maila Ager, Tupas on disclosure of


    evidence: What’s wrong?, PHIL. DAILY INQ.,
    Jan. 4, 2012, available at http://
    newsinfo.inquirer.net/122301/tupas-on-
    disclosure-of-evidence-what’s-wrong (last
    accessed June 26, 2012).

    25
    Basics – Footnotes

    Subsequent Citations

    24. Quan, supra note 19, at 430.


    25. Tejada, surpa note 21, at 35.
    26. Ager, supra note 23.

    26
    Short Citation Forms – Rules

    Id. Supra.
    Constitution ✗ ✗
    Laws, Cases ✓ ✗
    Treaties ✓ ✓
    Secondary ✓ ✓
    Sources

    27
    Basics – Footnotes
    Other uses of footnotes: Explanations

    Has the Philippines successfully transitioned


    from its Marcosian26 past?

    26. The Proponent uses the term “Marcosian”


    to refer to the massive violations of civil
    and political rights and the economic
    plunder committed by those in public
    office during the time of Marcos.
    28
    General Rules of USAGE
    Legal Citations

    29
    Double Citations

    Source being cited is citing another


    source
    Formula:
     X (citing Y).
     X = source being cited by the student
     Y = source being cited by X

    30
    Paraphrasing v. Quotations v.
    Block Quotes

    Quotations – 49 words or less


     In line with text
     Inside quotation marks
     Placement of footnote reference
     After punctuation/quotation mark
     “ ________.”2
     “________”?3

    31
    Paraphrasing v. Quotations v.
    Block Quotes

    Block Quotes – 50 words and above


    Single-spaced, indented on both sides,
    justified
    No more double quotation marks
    Quotations within block quotes – single
    Placement of the footnote reference
    Last sentence of the last paragraph

    32
    Alterations and Omissions

     Brackets
     Alterations or substitution
     Unchanged significant mistakes in the
    original
     Omitted letters or punctuations
     Ellipsis
     Omissions in the middle of the quotation
     He said that “[t]he rules … provide[.]”

    33
    Emphasis

    Emphasis supplied
    Emphasis omitted
    Emphasis maintained?

    34
    Bibliography
    Legal Citations

    35
    Basics – Bibliography

    The Bibliography is the summary of the


    sources you used during your research
    It must be organized based on these:
    Grouping
    Clustering
    Sequencing

    36
    Basics – Bibliography

    Grouping
    First Part: Primary Authorities
    Second Part: Secondary Authorities
    Clustering
    Organize sources of the same class
    together
    Example: All books must be listed
    together.

    37
    Basics – Bibliography

     Grouping + Clustering

    I. Primary Authorities
    A. Constitution
    B. Statutes
    C. Cases
    II. Secondary Authorities
    A. Books
    B. Journals
    C. Internet Sources

    38
    Basics – Bibliography
     Sequencing
     For primary sources:
     Constitution – based on year of effectivity
     Statutes – based on class (BP, PD, RA)
     Then, based on year of effectivity
     If same year, based on BP/PD/RA number.
     Format: ALJ Bluebook (same with footnotes)
     Cases – based on level of court (SC, CA, RTC)
     Then, alphabetically
     Format: ALJ BLuebook
     Treaties, UN Documents, etc. – follow rule on
    statutes.
    39
    Basics – Bibliography

     Sequencing

    I. Primary Authorities
    A. Constitution
    1987 PHIL. CONST.
    1973 PHIL. CONST.
    B. Statutes
    Batas Pambasa
    Presidential Decrees
    Republic Acts
    C. Jurisprudence
    Supreme Court
    Court of Appeals

    40
    Basics – Bibliography

    Sequencing
    For secondary sources: Turabian or
    Bluebook
    Surname first
    Alphabetical

    41
    Thank you! 
    SOURCES OF LAW & LEGAL CITATIONS

    Ryan Jeremiah D. Quan, J.D., LL.M. (Notre Dame)

    42

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