citations & legal opinion legres lecture

(Adopted from the San Beda College Of Law 2012 Central Bar Operations Reviewer)

What are the facts of the case? What law applies to the factual situation? How does the law apply in relation to the

facts of the case? What does jurisprudence say in cases of

similar nature?

Legally significant facts that raise the question of what law governs the dispute, and how the law applies to the factual setting

Test: If the fact is changed or removed, will the situation or likely outcome of the case change significantly?

RELEVANT ISSUE: Those when resolved determine the outcome of the legal dispute

LEGAL QUESTION: The question concerning the application of law to the facts of the dispute

Heading and introduction

State purpose of the opinion and issue to be answered

What legal questions will you answer?

Dear Mr. Juan De la Cruz,

You request our legal opinion on whether you can collect yourseparation pay, unpaid wages and other unpaid benefits from ABCCorporation (ABC) after the latter acquired all the assets andbusiness of your former employer XYZ Company, Inc. (XYZ), whichhas since closed down.

Brief answer

To remove preset opinions

To guide the client as to what to expect

We believe there is sufficient ground to conclude that the sale of allassets and business of XYZ to ABC is not in good faith, and ABCmust assume all the liabilities of XYZ including the obligation to payyour separation pay, unpaid wages and other unpaid benefits.

Statement of facts

State all relevant facts, whether favorable or unfavorable

You inform us that XYZ is a Philippine company in the business ofmaking furniture for export. Your employment records show that youwere a painter at XYZ’s finishing section for 18 years, when youremployment was terminated on March 3, 2011, allegedly because yourservices were no longer needed after XYZ acquired an automaticpainting machine. Your dismissal was found to be unlawful by theNational Labor Relations Commission in a Decision dated January 17,2009, but pending its execution, all the business and assets of XYZwere sold to and acquired by ABC.

Discussion

Analysis of applicable law and how it applies to relevant facts

Legal opinion is not the advocate’s pleading –client must know entire picture; opinion must be balanced and complete

Conclusion

Answer to the legal problem – advocate states position

Brief answer at the start of the opinion explained fully

Based on the foregoing, it is our opinion that ABC Corporationshould be held liable to pay your separation pay, unpaid wages andother benefits as successor-in-interest of XYZ Company, Inc.

Recommendation

Solution/remedies – “what should client do?”

Should help client understand his/her legal situation

It is our further advice that you file the labor case where youobtained a favorable judgment a motion for the execution of thejudgment to be enforced by levy by the sheriff on such assets andproperties transferred by XYZ to ABC as may be sufficient to paythe judgment in your favor. These properties may be sold onauction and the proceeds of any sale paid to satisfy your claims.

Dan Kevin Castro Mandocdoc (8 August 2013)Modified by Maria Patricia Cervantes-Poco (3 July 2014)

Avoid plagiarizing another’s work Aid the future researcher find one’s sources Provide evidence for one’s argument

Not an overnight thing Complete the citation details while writing

the body

Primary authorities Secondary authorities

Books

Journal articles

Theses

News clips

Reliable websites

Ateneo Law School

Footnotes

▪ ALJ Legal Citation Guide

▪ The Bluebook

Bibliography

General rules:

Footnotes = sentences

Accuracy

Subsequent citations

Block quote v. “direct quote” v. paraphrasing Footnote reference placement

After the punctuation mark/quotation mark

Philippine Constitution:

PHIL. CONST. art. ___, § ___, ¶ ___.

Note:Always cite the Constitution in full.

1. PHIL. CONST. art. II, § 3.2. PHIL. CONST. art. II, § 3.

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).

Subsequent citations:

Short Title, subdivisions.

4. PHIL. CONST. art. I.5. CIVIL CODE, art. 3.6. Id. art. 207.

Supreme Court Decisions:

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

7. Caguioa v. Magtoto, 436 SCRA 3, 41 (2007).

Subsequent citations:

First Party, volume number SCRA/SCAD/Phil.at cited page.

8. Caguioa, 436 SCRA at 54.9. Id. 10.Id. at 52.

Separate opinions

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

11.Pabilane v. Magtoto, 436 SCRA 30, 41 (2007) (J. Sta. Maria, dissenting opinion).

12.Id. at 59 (J. Candelaria, concurring opinion).

Books with Single Author

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

13.FLORENZ D. REGALADO, CRIMINAL LAW

CONSPECTUS 45 (4th ed. 2009).14.Id. at 342.

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).

15.JOSE C. VITUG & ERNESTO D. ACOSTA, TAX

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

Subsequent Citations

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

16.REGALADO, supra note 13, at 13.17.VITUG & ACOSTA, supra note 15, at 432.

Consecutively Paginated Journals

Author, Title of the Article, volume number JOURNAL first page, cited page (year).

18. 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). 19.Id. at 408.

Unpublished Theses

Author, Title of the Article, at page number (date) (description, institution that awarded the degree) (source).

20. Jose P. Tejada Jr., 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).

Websites

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

21. United Nations Office of the High Commissioner for Human Rights, What are human rights?, available at http://www.ohcch.or/en/issues/Pages/WhatareHumanRights.aspx (last accessed June 26, 2012).

News Articles Online

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

22. 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).

Subsequent Citations

23. Quan, supra note 18, at 430.24. Tejada Jr., surpa note 20, at 35.25. Ager, supra note 22.

Double citations

“the text is citing another text”

Follow this: X (citing Y).

26. Quan, supra note 18, at 435 (citing PHIL. CONST. art. I).

27. Go v. Perez, 123 SCRA 45, 63 (1987) (citingRuiz v. Cruz, 4 Phil. 23, 45 (1930).

Other uses of footnotes: Explanations The use of footnotes for explanations makes the work

more focused and cohesive.

Has the Philippines successfully transitioned from its Marcosian28 past?

28.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.

Other uses of footnotes: Indirect Citations

Introductory signals

▪ Convey the relation between the text and the authority cited in the footnote text

▪ May signify support, comparison, or divergence.

▪ Italicized for emphasis.

Introductory Signals

Support

▪ See

▪ See, e.g.,

▪ See generally

Introductory Signals

Comparison

▪ Compare ____ with _____.

▪ Contrast ____ with _____.

Introductory Signals

Divergence

▪ Contra

▪ But see

Tip: Use introductory signals to make your thesis more scholarly.

The use of introductory signals gives the impression that you conducted a thorough research

It also gives makes your thesis more holistic

The Bibliography is the summary of the sources you used during your research

It must be organized based on these:

Grouping

Clustering

Sequencing

Grouping

First Part: Primary Authorities

Second Part: Secondary Authorities

Clustering

Organize sources of the same class together

Example: All books must be listed together.

Grouping + Clustering

I. Primary AuthoritiesA. Constitution

B. Statutes

C. Cases

II. Secondary AuthoritiesA. Books

B. Journals

C. Internet Sources

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.

SequencingI. Primary AuthoritiesA. Constitution

1973 PHIL. CONST.1987 PHIL. CONST.

B. StatutesBatas PambasaPresidential DecreesRepublic Acts

C. JurisprudenceSupreme CourtCourt of Appeals

Sequencing

For secondary sources: Turabian▪ Surname first

▪ Alphabetical