PART 2-B: CITATION - RULES 11-14 Flashcards
(98 cards)
What is the rule when citing cases reported in the Philippine Reports (Phil.)?
Rule 11.1.1. When the case is reported in the Philippine Reports (Phil.), use this form:
< last name of first party > v. < last name of first opposing party >, < reporter volume > < report abbreviation > < first page of decision in reporter >,< specific page number in report > (< year of promulgation >).
Example
Reganit v. Ortaleza, 123 Phil. 456, 458 (2010).
What is the citation format when citing cases reported in the Supreme Court Reports Annotated (SCRA)?
Rule 11.1.2. When the case is reported in the Supreme Court Reports Annotated (SCRA), use this form:
< last name of first party > v. < last name of first opposing party >, < docket number >, < reporter volume> < reporter abbreviation > < first page of decision in reporter >, < specific page number in reporter >, < month, day, year of promulgation >.
Example
Chavez v. Guardaya, G.R. No. 123456, 321 SCRA 654, 656, Jan. 10, 2011.
How do we cite case names with public parties?
Rule 11.1.3. Use the abbreviations or acronyms by which public parties are commonly known (e.g., “People of the Philippines” is abbreviated to “People,” “Republic of the Philippines” is shortened to “Republic,”). For abbreviations of decisions written in Spanish, use the English equivalent (e.g. “People,” not “Pueblo,” for “El Pueblo de Filipinas”). Following international practice, “United States” is not to be abbreviated into “US” when used in court decisions.
Example
United States v. Arceo, 3 Phil. 381, 384 (1904).
Chi Ming Toi v. Ct. of Appeals, G.R. No. 119190, 266 SCRA 324, 327, Jan. 16, 1997.
When natural persons are parties to a case that is being cited, what is the rule when writing the names of the parties?
Rule 11.1.4. For natural persons, use last names only and omit titles, prefixes, and suffixes in party names. However, when the name is Islamic, entirely in Mandarin, or in another language where names begin with the last name, cite the name in full.
Example
Dela Cruz v. Nat’l Lab. Rel. Comm’n
Lim Sian Tek v. Ladislao
United States v. Ah Chong
Chi Ming Tsoi v. Ct. of Appeals
Madula v. Santos
Not
Dela Cruz, Jr. v. Nat’l Lab. Rel. Comm’n
Tek v. Ladislao
United States v. Chong
Tsoi v. CA
Madula v. Judge Santos
Lim Sian Tek; Ah Chong - party name in another language
When the natural person who is a party to a case bears a westernized Asian name, what is the rule?
Rule 11.1.5. As to Western or modern Asian names, the general rule in Rule 11.1.1 should be followed.
Example
Wong v. Carpio
Chua v. Timan
Not
Ignacio Wong v. Carpio
Salvador Chua v. Timan
What is the rule when citing cases where the parties who are natural persons bear compound last names?
Rule 11.1.6. Cite compound names in full.
Example
People v. Dela Cruz
Cortes v. Chico-Nazario
Not
People v. Cruz
Cortes v. Chico
Are we allowed to use et al. when there are multiple parties in a case?
No.
Rule 11.1.7. When there are multiple co-parties, refer only to the first on each side. Do not use “et al.”
Example
Oposa v. Factoran, G.R. No. 101083, 224 SCRA 792, July 30, 1993.
Not
Oposa et al. v. Factoran et al., G.R. no. 101083, 224 SCRA 792, July 30, 1993.
How do we cite a consolidated Supreme Court case?
Rule 11.1.8. If two or more actions are consolidated in one decision, cite ony the case title of the first listed. The same goes for the docket number: only that of the first case is used.
Example
Estrada v. Desierto, G.R. No. 146710, 356 SCRA 108, 155–56, Mar. 2, 2001.
Not
Estrada v. Disierto, G.R. No. 146710–15, 356 SCRA 108, 155–56, Mar. 2, 2001.
How do write the names of private juridical persons and tribunals or bodies who are parties to a case?
Rule 11.1.9. For private juridical persons and tribunals or bodies as parties, cite the name in full, but apply common abbreviations whenever applicable. Spell out acronyms, unless they form part of the actual name. Do not omit suffixes that indicate a corporation such as “Inc.” and “Corp.” Do not omit first names or middle initials when a person’s name is used as part of a juridical person’s name.
How do we cite labor organizations where they are parties to a case?
Rule 11.1.10. For labor organizations, only the names of the independent unions, local chapters, and affiliates need to be spelled out. The names of federations or labor centers may be abbreviated using their widely accepted initialisms. Separate the name of the affiliate or local chapter from the federation using an en dash.
How do we cite local government units and particular government entities?
Rule 11.1.11. For local government units, indicate the type of unit using prefixes such as “Province of”, “City of”, or “Municipality of”. When particular government entities are named, use the complete name, but apply common abbreviations.
How do we cite cases that begin with procedural terms?
Rule 11.1.12. For cases that begin with procedural terms, use the italicized prefix “In re” and the last name of the person concerned or the subject of the decision.
How do we cite administrative cases which begin with “Re:”?
Rule 11.1.13. Administrative case beginning with “Re:” should be rendered In re < first subject matter >. Omit other subject matters of the case after the first. Indicate the relevant court branches and omit geographical references.
When is Philippine Reports used as citation as opposed to Supreme Court Reports Annotated?
Rule 11.1.14. Old Philippine Supreme Court cases are commonly reported in the Philippine Reports (Phil.), and more recent ones are found in the Supreme Court Reports Annotated (SCRA). In case an author uses the Philippine Reports for relatively recent Court decisions, it is recommended that the same be replaced with its equivalent in the Supreme Court Reports Annotated. If necessary, one may also refer to the Official Gazette (O.G.).
When is it permissible to omit the specific page reference in a case citation?
Rule 11.1.15. When the case is being cited in general and no particular page is referred to, omit the reference to a specific page. If, however, the first page is referred to, do not omit the reference.
What. isthe rule when the case name first appears in the body text?
Rule 11.1.16. The convention is to footnote the first instance of a case name with a general citation to the case, then footnote succeeding points with specific references. (Note that case names are italicized in text, but not in citations.)
How do we cite a case when the reporter information is unavailable?
Rule 11.1.17. When the reporter citation is unavailable, omit it and rely on the docket number and full date. This is used for very recent and still unpublished decisions.
How de we cite a case that has just been released. bythe Supreme Court in their website and has not yet been printed in SCRA or any reporter?
Rule 11.1.18. When referring to copies of decisions initially released by the Court instead of copies printed in reporters, use “at” after the date to refer to specific pages. Add a description of the source the first time it is cited. Note that this has now become useful for very recent cases that are directly upload to the Supreme Court Website.
How do we cite a separate opinion?
Rule 11.1.19. When referring to a separate opinion, add “(< name >, J., < description >)” or “(< name >, C.J., < description >)” to the end of the citation. Cite the first page of the decision and not the first page of the separate opinion as the first page. Note that the “J.” is italicized. This notation may also be used to emphasize the ponente in a majority decision.
How do we cite a case that is reported as ex parte?
Rule 11.1.20. If the case is reported as ex parte < first name of party >< last name of party >, omit the first name. “Ex parte” is italicized.
How do we cite a cae which uses the phrases “on the relation of”, “on behalf of”, etc.?
Rule 11.1.21. Abbreviate “on the relation of”, “for the use of”, “on behalf of”, “as next friend of”, and similar expressions to “ex rel.” Use the form < related > ex rel. < real party in interest >. “Ex rel.” is italicized.
How do we cite a special proceedings case where hte case contains both an adversary (party v. party) and. anon-adversary name (In re: party)?
Rule 11.1.22. In special proceedings where the case contains both an adversary (i.e., < party > v. < party >) and a non-adversary name (i.e., In re < party >), cite the adversary’s name first, followed by the non-adversary’s name in parentheses. Use the appropriate procedural phrase in Rules 11.1.20 – 21 for the non-adversary’s name.
Do we need to repeat the case name in the footnote when the case name is already mentioned in-text?
Rule 11.1.23. If the case name is mentioned in-text, there is no need to repeat the case name in the footnote citation.
How do we cite other philipine cases and administrative decision rendered by other courts, administrative agencies, tribunals, or bodies?
Rule 11.2.1. Cite other Philippine cases and administrative decisions by using the form
< case title >, < full docket number > (< court or body rendering the decision > < date of promulgation >).
Reproduce the full docket number and notation used and apply the rules on case titles as in Rule 11.1. For trial courts, indicate the branch and area after the name of the court.
Rule 11.2.2. Except for the commonly-used abbreviations of judicial and quasi-judicial bodies in Table 9, spell out the deciding body’s name.