Unofficial Tips On Footnoting

UNOFFICIAL TIPS ON FOOTNOTING
BASED ON THE BLUE BOOK & FROM THE ATENEO L.J. WHITE SHEETS
RULE 1: Rule 1.1:
INTRODUCTORY SIGNALS
Signals that manifest support without any introduction if cited
(a) direct citation authority (ii)
(i) directly states or sustains the text; identifies the source of a quotation; or (iii)identifies the authority relied upon in the text (b) See, if cited authority (i) (ii) (iii) indirectly states or sustains the text; is paraphrased by the text; or provides an inferential step between itself and the text provides example of the proposition in the text
(c) See, e.g., if cited authority (i)

(d) See also, if cited authority
(i) provides additional direct support for the text, but not as important as the primary authority cited (e) See generally, if cited authority (i) points to background material related to the text; or (ii) is too broad to allow a citation of a specific page (f) Cf., if cited authority (i) Rule 1.2: provides analogous support to the text Signal that advises comparison
(a) Compare [and/with], or Contrast [and/with], if
cited authorities (i) support the text when set in relation with one another; or

(ii)
provides contracting views on the text Signals that manifest divergence of
Rule 1.3: views (i)
(a) Contra, if cited authority
directly states or sustains the contrary of the text Contra is used to contradict a direct citation without introduction. It is strongly advised that a parenthetical explanation follow the comparison or contrast of authorities.
(b) But see, if cited authority
(i) indirectly contradicts the citing text But see is used where see is applied for support. But should be omitted from but see whenever the signal follows a negative signal. (c) But cf., if cited authority (i) provides analogous support to the contrary of the text But should be omitted from but cf. whenever the signal follows a negative signal. Rule 1.4: Signals as verbs
(a) Signals are not italicized if they are used as verbs of sentences, as when they are included in a parenthetical explanation.
(b) If used as verbs, see, e.g. becomes see for example;
cf. becomes compare with; and but cf. becomes but compare with.

RULE 2: Rule 2.1:
ORDER OF AUTHORITIES
Order of importance
The most supportive authority relied upon in the text should be cited first, then all other authorities follow in descending order of importance, whether in the same citation sentence as separated by semicolons or in subsequent citation sentences in the same citation number. Rule 2.2: Order Hierarchy of Statutory or Doctrinal
If no particular order of importance is followed in the citation sentence or number, the following shall be controlling: (a) Constitutions and foundational documents of the United Nations and the Association of Southeast Asian Nations (b) Statutes, treaties and order international instruments (c) Cases (i) Supreme Court (ii) Court of Appeals (ii) (iii) (iv) (v) (vi) Sandiganbayan and Court of Tax Appeals Regional Trial Court Municipal Trial Court International judicial and arbitral bodies Foreign judicial and arbitral bodies
(d) Legislative documents other than statues (e) Administrative or executive documents (f) Court documents (g) Documents of intergovernmental organizations (h) Secondary materials


RULE 3:
PARENTHETICAL EXPLANATIONS
Additional information within the citation sentence should be provided if it would aid in explaining the significance or purpose of the cited authority.

RULE 4: Rule 4.1: (a)
REFERENCE TO AUTHORITIES
General Matters
Internal Citation
Citation to a specific part of a work should correspond to the internal ordering system the work itself uses. Indicate the precise location of the supporting statements within the authority, using the page number, section number (), paragraph number (), chapter number (ch), or note number (n), or any combination of these. (b) Authority Included in Another Source
When an authority is collected, reprinted, or otherwise included in whole or in part in another source, cite by joining the citation clauses for the two works either with an appropriate descriptive phrase or within parentheses. An Act Authorizing the Financing, Construction, Operation and Maintenance of Infrastructure Projects by the Private Sector, and for Other Purposes, Republic Act No. 6957, as amended by Republic Act No. 7718, 2, cited in Tatad v. Garcia, Jr., 243 SCRA 436, 456 (1995). Tatad v. Garcia, Jr., 243 SCRA 436, 456 (1995) (citing An Act Authorizing the Financing, Construction, Operation and Maintenance of Infrastructure Projects by the Private Sector, and for Other Purposes, Republic Act No. 6957, as amended by Republic Act No. 7718, 2). Rule 4.2 (a) Cases
Reported Cases
Decisions of the Philippine Supreme Court

Generally: {case name}, {volume number} {reporter, Philippine Reports or Supreme Court Reports Annotated} {1st page}, {cited page; do not include for the initial citation}* ({year}). Tatad v. Garcia, Jr., 243 SCRA 436 (1995). Id. at 456. Tatad, 243 SCRA at 456. If an advance sheet containing the decision is {case name]}, {G.R. Number}, {date} used:
Agan et al. v. PIATCO et al., G.R. No. 155001, May 5, 2003. Agan, G.R. No. 155001 at 5. Advance sheets are only be used when the reported versions have not yet been published. Decisions of other Philippine courts {case name}, {volume number} {reporter, usually the Court of Appeals Reports or Official Gazette} {1st page}, {cited page; do not include for the initial citation} ({court} {year}). People v. Collantes, 37 O.G. 1804 (Court of Appeals 1926). (b) Pending and Unreported Cases Citing a pending or unreported case {case name}, {docket no.} ({jurisdictional court}, {date of filing}) ({status of case}, {date of status check}). Someone v. Somebody, Criminal Case No. 67890 (Regional Trial Court, National Capital Judicial Region, Branch 159, Pasig City, June 25, 2003) (presentation of evidence for the prosecution, July 25, 2003). Someone Else v. Somebody Else, Civil Case No. 12345 (Court of Appeals, 1st Division,
However, if author consistently cites the page even in his initial citation, this may be allowed.
*

Feb. 25, 2003) (resolution denying motion for reconsideration, July 25, 2003). Citing a pleading, motion, or court action in a pending case {case name}, {docket no.} ({jurisdictional court}, {date of filing}) ({pleading, motion, or court action}, {date of filling or issuance}). Someone v. Somebody, Criminal Case No. 67890 (Regional Trial Court, National Capital Judicial Region, Branch 159, Pasig City, June 25, 2003) (denial of motion for continuance, July 24, 2003). Someone Else v. Somebody Else, Civil Case No. 12345 (Court of Appeals, 1st Division, Feb. 25, 2003) (motion for reconsideration, June 25, 2003). Rule 4.3: Periodical Articles
{author}, {title}, {volume number} {periodical} {1st page}, {cited page; do not include for the initial citation} ({date}). Francisco Ed. Lim, Commercial Arbitration in the Philippines, 46 ATENEO L.J. 394 (2001). Lim, supra note 7, at 405. For non-consecutively paginated journals, Cesar L. Villanueva, Corporate Contract Law: Unifying Theme on Theories Relating to Promoters Contracts, De Facto Corporations, Corporations by Estoppel, Articles of Incorporation, By-Laws and Ultra Vires Acts, ATENEO L.J., June 1994, at 1. Villanueva, supra note 8, at 10. Student Works. For student-written works in law journals, the authors name should be followed by the designation used in the journal, such as Note, Comment, or Case

Note. Kristoffer James E. Purisima, Comment, The Public Character of Coconut Levy Funds in Republic v. COCOFED, 47 ATENEO L.J. 154 (2002). Purisima, supra note 6, at 200. Rule 4.4: Books and Treatises
As a general rule, cite the authors or editors full name as given on the first page or the title page of the source cited. In subsequent references give only the last name. {AUTHOR; FIRST AUTHOR and SECOND AUTHOR; FIRST AUTHOR, ET AL.}, {TITLE} {cited page} ({year}; {edition number} & {year}; or {year of edition}). RUBEN F. BALANE, JOTTINGS (2d ed. 2002). RUBEN F. BALANE, JOTTINGS (2002 ed.).
IN
CIVIL LAW: SUCCESSION 53 CIVIL LAW: SUCCESSION 53
IN
BALANE, supra note 1, at 103. Multi-volume Work. Whenever another volume of the same multi-volume work is cited, such other volume must also be initially cited in full. {volume number} {AUTHOR; FIRST AUTHOR and SECOND AUTHOR; FIRST AUTHOR, ET AL.}, {TITLE} {cited page} ({year}; {edition number} & {year}; or {year of edition}). 4 OSCAR B. HERRERA, REMEDIAL LAW 150 (2001 ed.). Two Authors. When there are two authors separate their names with &. JUSTICE JOSE C. VITUG & JUDGE ERNESTO D. ACOSTA, TAX LAW AND JURISPRUDENCE 150 (2d ed. 2000). VITUG & ACOSTA, supra note 4, at 250. More Than Two Authors. If there are more than three authors, it is adequate to list the first author and then ET AL.

NARCISO PEA, ET AL., REGISTRATION DEEDS 200 (1994 ed.). PEA,

ET AL.,
OF
LAND TITLES
AND
supra note 5, at 300.
Editor or Translator. When referring to an edited piece of work or collection of works, place the editors name within parentheses after the page number, followed by ed. A translator or a special editor should be indicated in the same manner (followed by trans. and sp. ed., respectively). ADAM SMITH, THE WEALTH Cannan ed., 2000).
OF
NATIONS 30-31 (Edwin
SMITH, supra note 10, at 567. MICHEL FOUCAULT, DISCIPLINE AND PUNISH 30-31 (Alan Sheridan trans., Vintage Books 2d 3d. 1995) (1978). FOUCAULT, supra note 11, at 678.
Rule 4.5:
Constitutions {STATE
OR COUNTRY}
Incumbent Constitution: {subdivisions}.
CONST.
PHIL. CONST. art VII, 11, 2. Repealed Constitution: {year of adoption} {STATE COUNTRY} CONST. {subdivisions} (year superceded}. 1935 PHIL. CONST. art 1, 1 (superceded 1971). Rule 4.6: Codes and Statutes
TITLE}] OR
Initial citation for statutes: {full title} [{SHORT {subdivisions}. Subsequent citation {subdivisions}. for statutes: {SHORT
TITLE},

An Act Revising the Penal Code and Other Penal Laws [REVISED PENAL CODE] arts. 11-14. REVISED PENAL CODE, arts. 11-14. Initial citation for statutes: {full title}, {statute number}, {subdivisions} ({year}). Subsequent citation for statutes: {abbreviated statute number}, {subdivisions}. An Act Penalizing the Making of Drawing and Issuance of a Check Without Sufficient Funds or Credit and for Other Purposes, Batas Pambansa Blg. 22, 6 (1978). B.P. Blg. 22, 6. An Act Authorizing the Financing, Construction, Operation and Maintenance of Infrastructure Projects by the Private Sector, and for Other Purposes, Republic Act No. 6957, as amended by Republic Act No. 7718, 2. R.A. No. 6957, as amended, 2. Rule 4.7: Legislative Materials
As a general rule: {title}, {legislature}, {session} {date of session} in {publication, if any} {subdivision} ({date}). S 2404, 97th Cong, 2d Sess (April 13, 1982), in 128 Cong Rec S 7091 (April 20, 1982). Committee or Subcommittee Reports: {title of the report}, {S or HR} Rep No xx, xxth Cong, x Sess {page} ({year}) Martin Luther King, Jr. Federal Holiday Commission, HR Rep No 98-893, 98th Cong, 2d Sess 4 (1984). Committee or Subcommittee Hearings: {title, including bill number and committee name}, xxth Cong, x Sess {page} ({year}).

Service Industries Commerce Development Act of 1982, Hearings on HR 5519 before the Subcommittee on Commerce, Transportation and Tourism of the House Committee on Energy and Commerce, 97th Cong, 2d Sess 69 (1982) (statement of Gordon J. Cloney, II, Chamber of Commerce of the United States). Rule 4.8: Executive and Administrative Materials
As a general rule, {issuing agency}, {title}, {official source}, {page}, and ({date}). Bureau of Internal Revenue, Revenue Memorandum Circular No. 37-93, 89 O.G. 4476, Aug. 9, 1993. Rule 4.9: International Documents All international documents such as treaties, international agreements, documents of the United Nations, as well as documents of other international bodies shall be cited as provided for in THE BLUEBOOK: A UNIFORM SYSTEM OF CITATION (17th ed. 2000). Rule 4.10: Internet Sources For online resources, include the exact internet address and the date when the site was last accessed. Because internet websites are constantly changing, it is imperative that the date the source was visited by the citechecker be included. When the both the traditional and online forms of the cited authority are accessed: {author, if available}, {title}, available at (last accessed {date}) Agan et al. v. PIATCO et al., G.R. No. 155001, May 5, 2003, available at http://www.supremecourt.gov.ph / 2003/toc/2003may.htm. When only the online form of the cited authority is accessed: {author, if available}, {title}, {internet

address} (last accessed {date}) Protected Areas an Wildlife Bureau, Tamaraw Conservation Project, http://www.pawb.gov.ph/ progs/tamaraw.htm (last accessed Dec. 27, 2002). When the material is found exclusively online: {author, if available}, {title}, at {internet address} (last accessed {date}) The Board of Editors of Volume 46, at http://www.ateneolawjournal.com (last accessed July 22, 2003).

RULE 5: Rule 5.1: Id.
SHORT CITATION FORMS
(a) Use id. only if the authority is the sole authority cited in the immediately preceding citation. (b) Id. should be capitalized only if it is the first word in a sentence. It should be followed by a period. (c) The cited and citing phrases as provided for in Rule 4.1(b) are ignored for the purposes of using id to refer to that authority. - example (d) Format: Id. at {page cited}. (e) Id. may not be used to refer to the Constitution. It may be used for all other laws. (f) Id. may be used to refer to rulings of courts. (g) Id. is used only when the preceding footnote contains only one authority. Rule 5.2: Supra (a) The supra form may be used to subsequently cite an authority when it has already been fully cited previously. (b) Format: {last name of author}, supra note {footnote number of initial citation}, at {page cited}. BALANE, supra note 1, at 103. (c) Supra may not be used for statutes and cases. Rule 5.3: Hereinafter
(a) Hereinafter is used when it would be cumbersome to cite with the usual supra form or for which the regular shortened form may confuse the reader. This short citation form is used in an article where there are several authors of a work or several works by the same author.

(b) Format: Initial citation: {AUTHOR; FIRST AUTHOR and SECOND AUTHOR; FIRST AUTHOR, ET AL.}, {TITLE} {cited page} ({year}; {edition number} & {year}; or {year of edition}) {[hereinafter last name author(s) and short title]}. JOAQUIN G. BERNAS, S.J., THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES: A COMMENTARY 156-58 (2003) [hereinafter BERNAS, COMMENTARY]. JOAQUIN G. BERNAS, S.J., AN INTRODUCTION TO PUBLIC INTERNATIONAL LAW 25 (2002) [hereinafter BERNAS, PUBLIC INTL LAW]. Subsequent citation: {last name of authors an short title}, supra note {footnote number of initial citation}, at {page cited}. BERNAS, COMMENTARY, supra note 2, at 200. BERNAS, PUBLIC INTL LAW, supra note 3, at 50. (c) A subsequent citation based upon the use of hereinafter is always accompanied by the supra form. However, whenever a simple supra form will suffice, hereinafter should not be used.
GENERAL RULES OF USAGE In matters not exclusive to scholarly legal writing, general rules of style and usage are observed. The Chicago Manual of Style and The New York Times Manual of Style and Usage are recommended to resolve those questions of style not addressed in this Code. This notwithstanding, the following rules of style in legal writing primarily adopted from the University of Chicago Law Review Manual of Legal Citation and modified accordingly are to be observed. QUOTED MATERIALS 1. Form of Quoted Materials: a. Quoted materials of fifty words or less are indicated by quotation marks surrounding material in text. Quoted materials of more than fifty words should be in block form. b. Quotations within the text should be enclosed with double quotation marks. Block quotations need not be placed in quotation marks. c. Enclose quoted material quotation in single quotation marks. within a
d. If quoted matter should be enclosed in two pairs of double quotation marks (because it is itself quoted material), only one set of standard quotation marks should be used. e. Put all punctuation inside the quotation marks, except question marks and exclamation points if they were not part of the original quotation. 2. Altering Quoted Materials: All alterations of quotations should be noted. By enclosing such changes in brackets. Significant mistakes in the original should be followed by (sic), but otherwise left as in the original.
3. Omissions in Quoted Materials: Omissions should be indicated by three ellipsis points (...). COMMAS AND SEMI-COLONS 1. In a series of three or more elements, separate the elements by commas. When a conjunction joins the last two elements in a series, a comma is used before the conjunction. 2. When the elements in a series are long and complex or involve internal punctuation, separate them by semicolons. DASHES There are three different kinds of dashes: em dashes, en dashes, and hyphens. 1. Hyphens (-). Use a hyphen: (i) to separate numbers that are not inclusive, such as telephone numbers and social security numbers; (ii) to separate the elements of a compound word that is ordinarily hyphenated in a dictionary or other authoritative source such as a word book; (iii) to separate the elements of a compound word used as an adjective. 2. En Dashes (). Use an en dash: (i) to connect continuing or inclusive numbers, such as dates, times, and reference numbers; (ii) in place of a hyphen to separate the elements of a compound word used as an adjective, when one of the elements is an
open compound or when two or more of he elements are hyphenated compounds. 3. Em Dashes (). a. Use an em dash: (i) to denote a sudden break in thought that causes an abrupt change in sentence structure. (ii) to set off an element added to give emphasis or explanation by expanding a phrase occurring in the main clause.
b. Em dashes should be preceded and followed by a space. c. To avoid confusion, do not use more than a single em dashor pair of em dashesin any given sentence. ELLIPSES 1. Indicate the omission of a word or words within a quoted sentence by replacing the omitted text with an ellipsis. An ellipsis is a group of three consecutive dots with a space on both sides of the ellipsis, but no spaces in between the three dots. 2. The only exception is that if the omission is at the end of the quoted material, the ellipsis may be omitted and the quoted material may end with a period unless it is important to show that material has been omitted. To indicate the omission of a word or words at the end of a quoted sentence, replace the omitted text with an ellipsis followed by the final punctuation of the sentence. 3. Indicate the omission of a complete sentence within quoted text by replacing the omitted text with an ellipsis between the final punctuation of the preceding sentence and the first word of the following sentence. 4. If the omitted material consists of one or more complete paragraphs, then the ellipsis must appear alone on a new line.
BRACKETS 1. Where only one word is removed from a quoted sentence, use open and close brackets instead of an ellipsis. Be sure to place one space between the brackets. 2. When a letter in a quoted sentence must be changed from lower to upper case or vice versa, enclose it in brackets. 3. Substituted words or letters in a quoted sentence should be bracketed. 4. When quoting a passage, significant mistakes in the original should be followed by (sic), but otherwise left as in the original. PARENTHESES 1. Parentheses, like em dashes, may be used to set off an amplifying, explanatory, or digressive element. 2. When parentheses are used to enclose an independent sentence, the period belongs inside the parentheses. When parentheses are used to enclose only part of a sentence, the period belongs outside. Compare: 3. If a full sentence is quoted in parentheses, periods belong both inside and outside the parentheses. See Makati Tuscany Condominium Corporation v. Court of Appeals, 215 SCRA 462 (1992) (We hold that the subject policies are valid even if the premiums were paid on installments.). CAPITALIZATION 1. Quotations embedded in the text of a piece may begin with an uppercase or lowercase letter, depending on the context. As the Chicago Manual of Style directs, a quotation used as an essential syntactic part of a sentence should begin with a lowercase letter while a
quotation that has a more remote syntactic relation to the rest of the sentence should begin with a capital. In most cases, this rule means that a quotation introduced by that will not be capitalized, but one introduced as a free-standing sentence will be. Justice Cruz stated that [h]e may seem boorish or speak crudely or sport tattoos or dress weirdly or otherwise fall short of our own standards of propriety and decorum. None of these makes him a criminal although he may look like a criminal. Justice Cruz stated, He may seem boorish or speak crudely or sport tattoos or dress weirdly or otherwise fall short of our own standards of propriety and decorum. None of these makes him a criminal although he may look like a criminal. Justice Cruz reiterated the value of due process in Malmstedt: He may seem boorish or speak crudely or sport tattoos or dress weirdly or otherwise fall short of our own standards of propriety and decorum. None of these makes him a criminal although he may look like a criminal. 2. The words Article, Essay, Comment, Note, or Paper should be capitalized when referring to themselves and should be preceded by either the, this, or that. 3. When referring to a specific part, section, or chapter of a written work, capitalize Part, Section, or Chapter. 4. Capitalize nouns referring to people or groups (for example, the Administrator or the Board, etc.) only when they identify specific persons, officials, groups, or government offices. Similarly, capitalize such phrases as the Act, the Code, the Executive, the Senate, the Congress, the Petition, and so forth only when the referent is unambiguously identified. The phrases the
Court and the Constitution should be capitalized only when referring to the Philippine Supreme Court and the incumbent Constitution of the Republic of the Philippines. 5. Names of parts of a constitution or statute may be capitalized when used in an English sentence as proper nouns, as in First Amendment, Article III, or Section 8(e). OTHER RULES OF STYLE 1. A scholarly legal piece should be written in the third person. References to the writer of the piece is to be made by using this author or these authors. First or second person references should be avoided throughout the article, except if such is contained in quoted texts. 2. In the text, use for example in place of e.g. and in other words in place of i.e. 3. In footnotes, the source for a block quotation should begin on a separate line after the quotation, flush left with the original left margin. 4. When a single or plural noun is made possessive, always use an apostrophe-s, except if the noun already ends in an s, in which case an apostrophe will suffice. 5. If one were to use the subjunctive tense in a sentence, one would be wise to use that tense consistently across all verbs that one would wish to include in the sentence. 6. The standard rule is that that should be used only to introduce a restrictive (or defining) clause, which serves to identify the entity being talked about; in this use it should never be preceded by a comma. Only which is to be used with nonrestrictive (or nondefining) clauses, which give additional information about an entity that has already been identified in the context; in this use, which is always preceded by a comma. The easy rule of thumb is if removing the clause forces you to ask, Which? then you use that.

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UNOFFICIAL TIPS ON FOOTNOTING

RULE 1: Rule 1.1:

Signals that manifest support without any introduction if cited

(a) direct citation authority (ii)

(c) See, e.g., if cited authority (i)

(a) Compare [and/with], or Contrast [and/with], if