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LEGAL RESEARCH by Rufus B. Rodriguez 02 I. INTRODUCTION 1.

Legal Research, Defined -It is the process of finding the law, rules and regulations that govern activities of human society. It is also defined as the investigation for information necessary to support legal decision making. 2. Legal Research, Importance -To provide competent representation* and uphold the standards of the legal profession *requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for representation. 3. Legal Research, Sources -Involves the use of a variety of printed* and electronic sources. *constitution, statutes, court decisions, administrative rules and scholarly commentaries 4. Legal Research and Bibliography, Distinguished -Legal Research is the method or system of inquiry and investigation involving the actual use of the law books, while Legal Bibliography is concerned with the study of the materials essential to the inquiry of the researcher. Legal Bibliography, Defined -It is generally defined as the science or study of law books, their history, evolution and description, their characteristics and use, including such details as their authors, publishers, dates, editions and degree of authoritativeness. 5. Legal Bibliography, Importance -The efficient use of law books can only be learned by study and application. It is an aid in the process* of analyzing a legal question. *where to find the law, in what book, and how 6. Legal Research and Bibliography, Aim -In order to provide legal basis for a claim, one must present for consideration the authority which must be applied, and which the court is bound to apply. 7. Sources of Law Primary Sources -recorded laws and rules which will be enforced by state

Just and obligatory -imposes a duty to obey Promulgated by legitimate authority -by the legislature Common observance and benefit -observed by all for the benefit of all 3. Sources of Laws Constitution Legislation, Administrative or Executive Acts Judicial Decisions or Jurisprudence Customs 4. Effectivity of Laws Art. 2, Civil Code. Laws shall take effect after 15 days upon completion of their publication in the Official Gazette, unless otherwise provided. *EO 200 in newspaper of general circulation Taada vs Tuvera 136 SCRA 27 FACTS: Invoking the right of the people to be informed on matters of public concern as well as the principle that laws to be valid and enforceable must be published in the Official Gazette, petitioners filed for writ of mandamus to compel respondent public officials to publish and/or cause to publish various presidential decrees, letters of instructions, general orders, proclamations, executive orders, letters of implementations and administrative orders. The Solicitor General, representing the respondents, moved for the dismissal of the case, contending that petitioners have no legal personality to bring the instant petition. ISSUE: W.O.N. publication in the Official Gazette is required before any law or statute becomes valid and enforceable. HELD: Art. 2 of the Civil Code does not preclude the requirement of publication in the Official Gazette, even if the law itself provides for the date of its effectivity. The clear object of this provision is to give the general public adequate notice of the various laws which are to regulate their actions and conduct as citizens. Without such notice and publication, there would be no basis for the application of the maxim ignoratia legis nominem excusat. It would be the height of injustive to punish or otherwise burden a citizen for the transgression of a law which he had no notice whatsoever, not even a constructive one. The very first clause of Section 1 of CA 638 reads: there shall be published in the Official Gazette. The word shall therein imposes upon respondent officials an imperative duty. That duty must be enforced if the constitutional right of the people to be informed on matter of public concern is to be given substance and validity. The publication of presidential issuances of public nature or of general applicability is a requirement of due process. It is a rule of law that before a person may be bound by law, he must first be officially and specifically informed of its contents. The Court LEGAL RESEARCH

*legislative actions, codes, statutes, judicial decisions, administrative laws (IRR) Secondary Sources -publications that discuss or analyze legal doctrine *treatises, commentaries, encyclopedias, legal writings (Academic Journals, IBP Journal & Lawyers Review) Finding Tools *SCRA Quick-Index Digest, Phil Juris & Lex Libris II. LAWS 1. Law, Defined -A rule of conduct, just and obligatory, promulgated by legitimate authority for the common observance and benefit 2. Characteristics of Law Rule of conduct -guidelines of what to do or not to do


declared that presidential issuances of general application which have not been published have no force and effect. Taada vs Tuvera 146 SCRA 446 FACTS: This is a motion for reconsideration of the decision promulgated on April 24, 1985. Respondent argued that while publication was necessary as a rule, it was not so when it was otherwise as when the decrees themselves declared that they were to become effective immediately upon their approval. ISSUES: W.O.N. a distinction be made between laws of general applicability and laws which are not as to their publication; and W.O.N. a publication shall be made in publications of general circulation. HELD: The clause unless it is otherwise provided refers to the date of effectivity and not to the requirement of publication itself, which cannot in any event be omitted. This clause does not mean that the legislature may make the law effective immediately upon approval, or in any other date, without its previous publication. Laws should refer to all laws and not only to those of general application, for strictly speaking, all laws relate to the people in general albeit there are some that do not apply to them directly. A law without any bearing on the public would be invalid as an intrusion of privacy or as class legislation or as an ultra vires act of the legislature. To be valid, the law must invariably affect the public interest eve if it might be directly applicable only to one individual, or some of the people only, and not to the public as a whole. All statutes, including those of local application and private laws, shall be published as a condition for their effectivity, which shall begin 15 days after publication unless a different effectivity date is fixed by the legislature. Publication must be in full or it is no publication at all, since its purpose is to inform the public of the content of the law. Article 2 of the Civil Code provides that publication of laws must be made in the Official Gazette, and not elsewhere, as a requirement for their effectivity. The Supreme Court is not called upon to rule upon the wisdom of a law or to repeal or modify it if it finds it impractical. The publication must be made forthwith, or at least as soon as possible.1 Umali vs Estanislao 209 SCRA 446 FACTS: RA 7167, providing additional exemptions to taxpayers, was signed and approved on December 1991 with the clause shall take effect upon its approval and was published on January 14, 1992 in Malaya, a newspaper of general circulation. Petitioner filed a Petition for Mandamus to compel the Secretary of Finance and the CIR, herein respondents, to implement RA 7167. ISSUE: W.O.N. RA 7167 took effect upon its approval or after 15 days upon its publication and if it covers taxable income for year ended 1991.

HELD: RA 7167 took effect on January 30, 1992, after 15 days upon publication and not upon its approval on December 1991 because the effectivity clause is defective. In the second issue, looking into the contemporaneous legislative intent, the Act was intended to adjust the poverty threshold level at the time said Act was enacted and not in the future. Farias vs Executive Secretary 417 SCRA 503 FACTS: RA 9006, The Fair Election Act, was signed into law by President Arroyo. Petitioners, members of the Minority of the House of Representatives, filed a Petition to declare said Act unconstitutional because it violated Sec. 26, Article 6 of the Constitution requiring every law to have only one subject which should be expressed in its title. Moreover, it is violative of the Due Process Clause of the Constitution with regards to Sec. 16 which states that This act shall take effect immediately upon its approval. HELD: The effectivity clause of RA 9006 is defective, but it does not render the entire law defective. Under the case of Taada vs Tuvera, the phrase unless otherwise provided refers to the date and not to publication, which is indispensable. La Bugal-blaan Tribal Association, Inc. vs Ramos 421 SCRA 148 FACTS: On July 25, 1987, two days before the convening of the First Congress, President Aquino, in her exercise of legislative power during the Provisional Constitution, issued EO 279 with the clause shall take effect immediately. EO 279 was published on August 3, 1987. ISSUE: W.O.N. EO 279 violated EO 200 where a law shall take effect after 15 days following its publication and W.O.N. legislative powers of the President ceased to exist upon the convening of the First Congress two days after EO 279s issuance, thereby making such issuance invalid. HELD: EO 279 is an effective and validly enacted statute. There is nothing in EO 200 that prevent a law from taking effect on a date other than, or before, the 15-day period after its publication. The 15-day period only applies to those laws that do not provide for its own effectivity date. When EO 279 was published, it became immediately effective upon its publication. On EO 279s validity, it was issued before the convening of the First Congress therefore the President was validly exercising her legislative powers. 5. Classification of Laws Natural Law A. Physical Law -divine inspiration in man, derives its force and authority from God. Binding to the whole world

-universal rule of action that governs the conduct and movement of things i.e law of gravitation ______________________________________________________________________________

Source: Internet



B. Moral Law C. Divine Law

-establishes what is right and what is wrong as dictated by human conscience -divine positive law 10 commandments; divine human positive law, enacted by man for their general welfare

Others Prospective Retrospective Repealing Amendatory Reference Declaratory

-operates after it takes effect -affects acts already committed effectivity


Positive Law A. Public Law -Constitutional Law, the fundamental law of the land which defines the powers of the government; Administrative Law, fixes organization and its functions; International Law, regulates the community of nations - Substantive, creates duties, rights; and Procedural, means & methods in courts

-revokes or terminates another statute -addition to the original law for improvement (modifies or qualifies) -refers to other statutes and make them applicable to the subject of the new legislation -establishes its meaning & correct construction

B. Private Law III. STATUTES

Statutes Proper, Parts Title Preamble Enacting Clause Body Provisos -gives the general statement of the subject matter -states the reason for, or the objects of the enactment -indicates the authority which promulgates the enactment -contains the subject matter of the statute and shall embrace only one subject -acting as a restraint upon or as qualification of the generality of the language which it follows -legislature defines its own language or prescribes rules for its construction -announces the legislative intent to terminate or revoke another statute -restricts a repealing act and preserves existing powers, rights and pending proceedings from the effects of the repeal -if for any reason, any section or provision is held to be unconstitutional or invoked, the other section or provision of the law shall not be affected thereby. -when the law shall take effect (Article 2
of the Civil Code)

1. Statute, Defined -A written will of the legislature expressed according to the form necessary to constitute it a law of the state and rendered authentic by certain prescribed forms and solemnities 2. Classes of Statute Law A. The 1987 Constitution Constitution, Defined -The fundamental law or supreme law of the land promulgated by the people. A law, to which all other laws must conform -The written instrument by which the fundamental powers of the government are established, limited and defined and by which these powers are distributed among the several departments for their safe and useful exercise for the benefit of the people B. Treaties and International Agreements Treaty, Defined -An agreement between or among states which generally governs their mutual conduct with one another C. Statutes enacted by the Legislature Statute Proper, Kinds As to nature Penal Remedial Substantive Labor Tax -imposes punishment of an offense -remedy former laws, reform or extend rights -creates, defines, regulates the rights and duties of parties -welfare of laborers, governs employeremployee relationship -exaction of money from the state to achieve legislative or general objective

Interpretative Clause Repealing Clause Saving Clause

Separability Clause

Date of effectivity

Note: *TITLE must have only one subject to prevent hodge-podge or logrolling legislation, to prevent surprise or fraud, and to fairly apprise the people of the subject of legislation Hodge-Podge, Defined -A mischievous legislative practice of embracing in one bill several distinct matters, none of which, perhaps, could singly obtain the assent of the legislator, and then procuring its passage by a combination of the minorities in favour of each of the measure into a majority that will adopt them all -Objective: to unite the legislators who favour any one of the subjects in support of the whole act. VOID Test of sufficiency of title: indicates in broad but CLEAR terms in nature, scope and consequences of the proposed law and its operation In case of doubt as to the sufficiency of the title, the presumption is in favour of the validity of the acts

As to application Mandatory -non-compliance renders act void or illegal Directory -non-compliance does not invalidate act As to performance Permanent Temporary As to scope General Special Local -continues in performance until altered or repealed -fixed for a specified period -applies to persons, entities, things as a class omitting no one -particular persons, entities, things -specific, within territorial limits



Lidasan vs COMELEC 21 SCRA 496 FACTS: RA 4790 An Act Creating the Municipality of Dianaton in the Province of Lanao del Sur was signed into law consisting of 21 barrios, 12 of which are from the municipalities of Parang and Buldon, province of Cotabato. The Office of the President recommended the COMELEC to suspend the operation of the statute until clarified. Notwithstanding, the COMELEC declared that the statute should be implemented unless declared unconstitutional by the SC. Hence the petition for certiorari and prohibition filed by Bara Lidasan, a resident and taxpayer of the detached portion of Parang, Cotabato and a qualified voter. HELD: RA 4790 is unconstitutional because it violates the provision that no bill which may be enacted into law shall embrace more than one subject which shall be expressed in the title of the bill Two-pronged purpose combined in one statute: It creates the municipality of Dianaton purportedly from 21 barrios in the towns of Butig and Balabagan, both in the province of Lanao del Sur; and It also dismembers two municipalities in Cotabato, a province different from Lanao del Sur RATIONALE: Title to be couched in a language sufficient to notify the legislators and the public and those concerned of the import of the single subject thereof. A title which is so uncertain that the average person reading it would not be informed of the purpose of the enactment or put on inquiry as to its contents, or which is misleading, either in referring to or indicating one subject where another or different one is really embraced in the act, or in omitting any expression or indication of the real subject or scope of the act, is bad. *PREAMBLE does not create right nor grant any right, not a source of government power, not an essential part of a statute (Whereas) People vs Echaves 95 SCRA 663 FACTS: Fiscal Ello filed before the lower court separate informations against 16 persons charging them with squatting penalized by PD 772. The informations were dismissed on the grounds that (1) entry should be by force, intimidation or threat and not through stealth and strategy as alleged; (2) PD 772 does not apply to the cultivation of a grazing land. Motion for consideration was likewise denied. The phrase and for other purposes in the decree does not include agricultural purposes because its preamble does not mention the Secretary of Agriculture and makes reference to the affluent class. Hence, the appeal to this Court. HELD: Lower courts decision affirmed. The decree does not apply to pasture lands because its preamble shows that it was intended to apply to squatting in urban communities or more particularly to illegal constructions in squatting areas made by well-to-do individuals. The squatting complained of involves pasture lands in rural areas. On the other hand, it is punished by RA 947

RATIONALE: The rule of ejusdem generis does not apply to PD 772 where the intent of decree is unmistakable. Aglipay vs Ruiz 64 SCRA 201 FACTS: Mons. Aglipay sought an issuance of prohibition from the court to prevent Director of Posts from issuing and selling postage stamps commemorative of the 33rd International Eucharistic Congress which violates the provision that no public money or property shall ever be appropriated, applied or used, directly or indirectly, for the benefit, or support of any sect, church, denomination or the principle of separation of church and state. HELD: Petition denied. RA 4052 which appropriates a sum of P60,000 for the said stamps contemplates no religious purpose in view. Stamps were not issued and sold for the benefit of the Roman Catholic Church; nor money derived from the sale given to that church. Moreover, what is emphasized is not the Eucharistic Congress itself but Manila as the seat of that congress. RATIONALE: What is guaranteed by our Constitution is religious liberty and not mere religious toleration. Religious freedom, as a Constitutional mandate, is not inhibition of profound reverence for religion and is not a denial of its influence in human affairs *BODY consists of only one subject, as long as the provisions are allied and germane to the subject *SEPARABILITY CLAUSE if so mutually dependent and connected, or intended as a whole, nullity of one part vitiates the rest *DATE OF EFFECTIVITY publication in the Official Gazette, condition for their effectivity1, except those interpretative regulations and those internal in nature D. Administrative Rules and Regulations E. Ordinances enacted by the Autonomous Regions F. Ordinances enacted by Local Government Units 3. Philippine Legislative System 4. When a Bill becomes a Law, Process * Proposal to the committee * 1st reading (in session, read title, author, synopsis) * Referred to appropriate committee * 2nd reading (debate, interpolation, amendment, finalize) * Endorse to plenary * 3rd reading (Vote via Viva Voce or Roll-call, Yeas or Nays) * Second Committee (Repeat steps 2-6) Harmonization of the bill, if necessary: * Parallel reading between house and senate -Bicameral Conference Committee (3rd House of Congress) * Enrolled Bill *signed by Senate President and Speaker of the House * Submit to President for approval (approve/ veto/ lapse into law) ______________________________________________________________________________

Taada vs. Tuvera, 136 SCRA 27



5. Civil Law and Common Law System, Distinguished -With respect to laws, the former are written laws at the time it was crafted while the latter are laws handed down by elders through memory of men, originally unwritten then codified. In the former, judges only interpret the laws because the legislature has the exclusive power of promulgating such; while in the latter judges may legislate. IV. CASE LAW 1. Case Law, Defined -the decisions, interpretations made by judges while deciding on the legal issues before them which are considered as the common law or as an aid for interpretation of a law in subsequent cases with similar conditions. Case laws are used by advocates to support their views to favor their clients and also it influences the decision of the judges.1 -it comes from judicial authorities of the state and is the 2 nd major category of primary sources of law 2. Classes of Case Law * Decisions Proper -Decisions by regular courts of Justice2 -Decisions of the Supreme Court -Decisions of the Court of Appeals -Decisions of the Sandiganbayan -Decisions of the Court of Tax Appeals -Decisions of the Regional Trial Courts -Decisions of the Metropolitan Trial Courts, the Municipal Trial Courts and the Municipal Circuit Trial Courts * Subordinate Decisions -Ruling of Boards, Commissions, and Administrative officers, and opinions of legal officers of the Government3 -Decisions of the Senate Electoral Tribunal and the House of Representatives Electoral Tribunal -Decisions of Administrative Agencies Exercising QuasiJudicial Powers, such as: -COMELEC -CSC -Commission on Audit -NLRC -Insurance Commission -Housing & Land Use Regulatory Board -DAR Adjudication Board 3. Decision, Defined -Judgment, decree, or determination of findings of fact and/or of law by a judge, arbitrator, court, governmental agency, or other official tribunal (court) 4 A conclusion reached after an evaluation of facts and law. *When referring to judicial matters, a decision is not the same as an opinion, although the terms are sometimes used interchangeably. A decision is the pronouncement of the solution of the court or judgment in a case, while an opinion is a statement of the reasons for its determination made by the court5 4. Parts of a Decision/ Ponencia: (1) Title (indicating the names of the parties) (2) Syllabus (summary of important points of decision) (3) Portion of the report that carries authority ______________________________________________________________________________ 2010 2 Pedro Joven 3 Pedro Joven 4 Hill, 2005 5 West's Encyclopedia of American Law, edition 2

(4) Statement of facts (5) Abstracts of briefs of counsels (Arguments) (6) Opinion of the court (7) Dispositive portion (decision) of the case (8) Separate Dissenting or Concurring Opinion of Justices NOTE: Per curiam - Report agreed upon by all justices 5. Effect of Decided Case (of the Supreme Court): (1) An authoritative settlement of the particular controversy before it; and (2) As a precedent for future cases 6. Res judicata, Defined -a matter adjudged, judicially acted upon or decided, or settled by judgment. It provides that a final judgment on the merits rendered by a court of competent jurisdiction is conclusive as to the rights of the parties and their privies; and constitutes an absolute bar to subsequent actions involving the same claim, demand or cause of action 7. Requisites of Res judicata: (1) The former judgment must be final; (2) The court that rendered it had jurisdiction over the subject matter and the parties; (3) It is a judgment on the merits (rendered after consideration of evidence and stipulations); and (4) There is between the first and the second actions an identity of parties, subject matter and cause of action (G.R. No. 146886

8. Law of the Case, Defined -The doctrine that when a court decides upon a rule of law, that decision should continue to govern the same issue in subsequent stages in the same case6 - The doctrine of "law of the case" is one of policy only, however, and will be disregarded when compelling circumstances require a redetermination of the point of law decided on the prior appeal. Such circumstances exist when an intervening or contemporaneous change in the law has transpired by the establishment of new precedent by a controlling authority or the overruling of former decisions. 7 9. Stare Decisis, Defined -The principle that the decisions of a court are a binding authority on the court that issued the decisions and on the lower courts for the disposition of factually similar controversies. Stand on what has been decided -Adherence to precedents, states that once a case has been decided one way, then another case, involving exactly the same point at issue, should be decided in the same manner. 8 NOTE: Supreme Court is not bound by this doctrine because it can overturn precedents. Kinds of Stare Decisis: 1. Vertical Stare Decisis -Duty of lower courts to apply the decisions of the higher courts to cases involving the same facts. (Obligation) ______________________________________________________________________________
Pedro Joven West's Encyclopedia of American Law, edition 2 8 Civil Code, Paras (2008)
6 7



2. Horizontal Stare Decisis

-Higher courts must follow its own precedents (Policy) -Constitutional Stare Decisis are judicial interpretations of the Constitution; while, Statutory Stare Decisis are interpretations of statutes

The SC noted, however, that petitioners counsel relied on several decisions of the CA in addition to SC cases to buttress his arguments. The SC reminded counsel that decisions of the CA are neither controlling nor conclusive on this Court. Nepomuceno vs City of Surigao 560 SCRA 41 FACTS: Petitioner filed a complaint before the RTC for Recovery of Real Property and/or its Market Value to recover a lot which was occupied, developed and used as a city road by the respondent without permission nor expropriation proceedings for its acquisition. Notwithstanding proposal for amicable settlement, the City Mayor refused to pay. RTC granted petitioner P3,260 as compensation for the land in dispute. Not satisfied, the petitioner appealed to the CA. The CA entitled petitioner for moral damages but affirmed the compensation awarded. Petitioner sought for the value at the time of actual payment invoking CA decisions with the substantial factual similarity in this case, as well as Article 1250 of the Civil Code. HELD: Petition denied. In a long line of cases, it has been held that it is the value of the property at the time of taking that is controlling for purposes of compensation. We find no application for Article 1250 because it pertains to contractual obligations. Moreover, petitioner cannot properly insist on the application of the CA decisions. A ruling of the CA on any question of law is not binding on this Court. In fact, the Court may review, modify or reverse nu such ruling of the CA. RATIONALE: The owner of the private property should be compensated only for what he actually loses; it is not intended that his compensation shall extend beyond his loss or injury. Ayala Corporation vs Rosa-Diana Realty and Development Corp 346 SCRA 663 FACTS: Petitioner sold a parcel of land to Manuel Sy and Sy Ka Kieng. The Deed of Sale executed between the parties contained special conditions of sale: Submission of building plans for Ayalas approval, period of construction, and no resale of the said property. The buyers failed to construct and the lot was then sold to herein respondent, with Ayalas approval, promising to abide by the said special conditions. Building plans of The Peak were sent to Ayala and, a substantially different one, to the building official of Makati. Ayala filed before the lower court an action for specific performance of contractual obligation, in an alternative, rescission of the sale, which was denied. Undeterred, Ayala tried to cause the annotation of a notice of lis pendens on the title but was denied by the Register of Deeds of Makati. The Land Registration Authority reversed the ruling but was overturned by the CA. Rosa-Diana filed a Demurrer to Evidence averring that Ayala failed to establish its right to the relief sought which was sustained by the trial court. Ayala was guilty of abandonment and/or estoppel due to its failure to enforce the terms of the deed of restrictions and special conditions of sale. The CA affirmed the ruling of the trial court saying that the appeal is sealed by the doctrine of the law of the LEGAL RESEARCH

10. Importance of Precedents -The importance of precedent is summed up in the words of Lord Gardiner in London Tramways Co. vs. London City Council where he said, '...[justices] regard the use of precedent as an indispensable foundation upon which to decide what is the law and its application to individual cases. It provides at least some degree of certainty upon which individuals can rely in the conduct of their affairs, as well as a basis for an orderly development of legal rules'. -Certainty leads to stability, and it is of the foremost importance in creating order in society. 1 Res Judicata and Stare Decisis, Effects -The former to the settlement of the immediate controversy and the latter to the impact of the decision as precedent Res Judicata and Law of the case, Distinguished -The former forecloses parties in one case, while the latter does not have the finality of the former and applies only to a particular case. 11. Subordinate Case Laws 12. Decision of the Court of Appeals -The Court of Appeals serves as our intermediate appellate court. As to whether the decisions of this Tribunal shall constitute precedents, the Supreme Court of the Philippines, in the case of Miranda, et al, v. Imperial (77 Phil. 1066) held: Only the decision of this Honorable Court establish jurisprudence or doctrines in the jurisdiction. However, this does not prevent that a conclusion or pronouncement of the Court of Appeals which covers a point of law still undecided in our jurisprudence may serve as juridical guide to the inferior courts, and that such conclusion or pronouncement be raised as a doctrine if, after it has been subjected to test in the crucible of analysis and revision, this Supreme Court should find that it has merits and qualities sufficient for its consecration as a rule of jurisprudence Silva vs Mationg 499 SCRA 724 FACTS: Aklan Electric Cooperative, Inc (AKELCO) failed to pay its P25M obligation which resulted to a power cut-off. NAPOCOR restored power upon learning of the NEA take-over. However, respondent remained as General Manager. Respondent was soon terminated finding him guilty of wilful breach of trust and confidence. Respondent filed a Manifestation and Supplemental motion before the CA nullifying his removal on the ground that Sec. 10 (e) of PD 269 which provides for suspension or removal and replacement is reserved solely to the NEA-BOA; and prays for reinstatement. CA granted the motion. Hence, this petition. HELD: Petition granted. Respondents termination is valid. AKELCO-BOD submitted its Board Resolutions suspending and removing respondent to NEA for approval, therefore the former was acting pursuant to the authorization. ______________________________________________________________________________
1, 2010


case with reference to a previous case. Thus, Ayala is barred from enforcing the Deed of Restrictions. Hence, the appeal to this Court. HELD: The decision of the CA is reversed and set aside. The law of the case or stare decisis cannot be held applicable in the case at bench. The sole issue raised before the appellate court was the propriety of the lis pendens annotation. RATIONALE: The ruling covered by the doctrine of the law of the case is adhered to in the single case where it arises, but is not carried into other cases as precedent. Silliman University vs Fontelo-Paalan 525 SCRA 759 FACTS: Respondent was employed by the petitioner and was assigned to the Medical Records Section of the Silliman University Medical Center. She was later promoted as the Head, the position she held until her retirement at the age of 57 pursuant to the provisions of the petitioners retirement plan. Accordingly, respondent received her retirement benefits. Three years after, respondent filed with the NLRC a complaint for illegal dismissal against petitioner on the ground that said provision violates her constitutional right of security of tenure and is contrary to the compulsory retirement age of 65. Petitioner was found guilty of illegal dismissal by the Labor Arbiter. On appeal, NLRC reversed the ruling of the LA and upheld the validity of the retirement plan. Respondent filed a Motion for Reconsideration but was denied but modified its decision by adjudging the petitioner liable for additional retirement benefits. Respondent then appealed before the CA, which affirmed the modified decision of the NLRC. Respondent opted to accept the adverse judgment. Petitioner, on the other hand, filed a Petition for Review on Certiorari in reference to its liability. HELD: Petition denied. This Court is already without jurisdiction to take cognizance of the present Petition. By the petitioner and respondents inaction and presumed acquiescence, respectively, the findings of the NLRC and the CA, attained finality and thus, became final and executory not having been timely appealed. Lambino vs COMELEC 505 SCRA 160 US vs Ruiz 136 SCRA 487 FACTS: USA had a naval base in Subic Zambales. The base was one of those provided in the Military Bases Agreement between the Philippines and the US. Sometime in May 1972, the US invited the submission of bids for the repair of its naval equipment. Eligio de Guzman and Co. submitted their bids. Subsequently, it received 2 telegrams requesting it to confirm its price proposals. On June 1972, the company received a letter which was signed by William I. Collins of the US Navy stating that it did not qualify to receive an award because of its unsatisfactory performance ratings. The company then filed a petition in the trial court to issue a writ of preliminary injuction, which the RTC affirmed. Hence this petition.

ISSUE: W.O.N. our courts have jurisdiction over the present case; W.O.N. the respondent judge erred in applying the case of Lyons vs USA HELD: Petition granted. The traditional rule of State immunity exempts a state from being sued in courts of another state without its consent. The reliance placed on Lyons by the respondent judge is misplaced. In the case, it can be seen that the statement in respect of the waiver of State Immunity from suit was purely gratuitous and therefore obiter, thus, it has no value as an imperative authority. RATIONALE: The restrictive application of State Immunity is proper only when the proceedings arise out of commercial transactions of the foreign sovereign. It does not apply where the contract relates to the exercise of its sovereign functions. in the case at bar, the projects are an integral part of the naval base devoted to the defense of both the US and the Philippines, indisputably a function of the government. IV. BOOKS OF SECONDARY AUTHORITY V. LEGAL RESEARCH Legal Authority, Defined -Authority that will aid in finding a solution to a legal problem 1. Primary and Secondary Legal Authority, Distinguished -Primary Legal Authorities are authorized statements of law issued by governmental bodies; while Secondary Legal Authorities are descriptions of, or commentary on, the law -The former is the law itself (Mandatory or Persuasive); while the latter interprets, analyzes, or compiles the law (Persuasive) Primary Legal Authorities (the court must rely on) * Constitution and Statutes (Legislative Branch) * Cases (Judicial Branch) * Treaties, Executive Orders, Administrative Rules & Regulations, Ordinances (Executive Branch) Secondary Legal Authorities (the court may consider) * Law review Articles, Treatises * Restatements of the Law * Legal Encyclopedias 2. Mandatory and Persuasive Legal Authority, Distinguished - Mandatory must be followed because it is the legal authority for a particular jurisdiction; while Persuasive may be followed optionally because they are legal authorities (court decisions) of other jurisdictions 3. Sources of Authorities *Legislature * Supreme Court * Administrative Bodies * Local Government Units * President 4. Legal Research Process VI. FUNDAMENTAL RESEARCH SKILL: CASE BRIEFING AND SYNTHESIS OF CASES 1. Case Briefing, Defined -A digest or condensation of a case. It is a written summary identifying the essential components of a court opinion. LEGAL RESEARCH


Case Briefing, Elements Citation Parties Facts Prior Proceedings Issue Ruling/ Holding --Events between the parties leading to the litigation What happened in the lower courts Questions including the rule of law applied to the facts Resolution of the issue or the courts decision on the question that is actually before it Rule of Law applied -Opinion Santos vs. CA 240 SCRA 20 FACTS: Plaintiff Leouel Santos married defendant Julia Bedia on September 20, 1986. On May 18, 1988, Julia left for the U.S. She did not communicate with Leouel and did not return to the country. In 1991, Leouel filed with the RTC of Negros Oriental, a complaint for voiding of the marriage under Article 36 of the Family Code. The RTC dismissed the complaint and the CA affirmed the dismissal. ISSUE: Does the failure of Julia to return home, or at the very least to communicate with him, for more than five years constitute psychological incapacity? HELD: No, the failure of Julia to return home or to communicate with her husband Leouel for more than five years does not constitute psychological incapacity. Psychological incapacity must be characterized by a) gravity, b) juridical antecedence, and c) incurability Psychological incapacity should refer to no less than a mental (not physical) incapacity that causes a party to be truly incognitive of the basic marital covenants that concomitantly must be assumed and discharged by the parties to the marriage which, as so expressed by Article 68 of the Family Code, include their mutual obligations to live together, observe love, respect and fidelity and render help and support. The intendment of the law has been to confine the meaning of psychological incapacity to the most serious cases of personality disorders clearly demonstrative of an utter insensitivity or inability to give meaning and significance to the marriage. This psychologic condition must exist at the time the marriage is celebrated. Undeniably and understandably, Leouel stands aggrieved, even desperate, in his present situation. Regrettably, neither law nor society itself can always

provide all the specific answers to every individual problem Petition is denied. 2. Synthesizing Cases Chi Ming Tsoi vs. CA 266 SCRA 324 FACTS: On May 22, 1988, Gina Lao married Chi Ming Tsoi. Since their marriage until their separation on March 15, 1989, there was no sexual contact between them. Gina filed a case of annulment of marriage on the ground of psychological incapacity with the RTC of Quezon City. The RTC granted annulment which was affirmed by the CA. ISSUE: Is the failure of the husband to have sexual intercourse with his wife from the time of the marriage until their separation on March 15, 1989 a ground for psychological incapacity HELD: One of the essential marital obligations under the Family Code is to procreate children based on the universal principle that procreation of children through sexual cooperation is the basic end of marriage. In the case at bar, the senseless and protracted refusal of one of the parties to fulfill the above marital obligation is equivalent to psychological incapacity. Judgment AFFIRMED. Republic vs. CA 268 SCRA 198 FACTS: On April 14, 1985, plaintiff Roridel O. Molina married Reynaldo Molina which union bore a son. After a year of marriage, Reynaldo showed signs of immaturity and irresponsibility as a husband and father as he preferred to spend more time with his friends, depended on his parents for assistance, and was never honest with his wife in regard to their finances resulting in frequent quarrels between them. The RTC granted Roridels petition for declaration of nullity of her marriage which was affirmed by the CA. ISSUE: Do irreconcilable differences and conflicting personalities constitute psychological incapacity? HELD: There is no clear showing that the psychological defect spoken of is an incapacity. It appears to more of a difficulty, if not outright refusal or neglect in the performance of some marital obligations. Mere showing of irreconcilable differences and conflicting personalities in no wise constitutes psychological incapacity. It is not enough to prove that the parties failed to meet their responsibilities and duties as married persons; it is essential that they must be shown to be incapable of doing so, due to some psychological (not physical) illness. The evidence merely adduced that Roridel and her husband could not get along with each other. There had been no showing of the gravity of the problem, neither its juridical antecedence nor its incurability. LEGAL RESEARCH

Reasoning Disposition Comments


The following guidelines in interpretation and application of Article 36 of the Family Code are hereby handed down for the guidance of the bench and the bar: (1) Burden of proof belongs to the plaintiff (2) Root causes of PI must be: medically or clinically identified; alleged in the complaint; sufficiently proven by experts; and clearly explained in the decision (3) PI must be proven to be existing at the time of the celebration of the marriage, although manifestation need not be perceivable at such time (4) Shown to be medically or clinically permanent (5) Must be grave enough to bring about the disability of the party to assume the essential obligations of marriage (6) The essential marital obligations must be those embraced by Arts. 68-71 of the Family Code (7) Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while not controlling, should be given great respect by our courts (8) The trial court must order the fiscal and the Solicitor-General to appear as counsel for the State. No decision shall be handed down unless the Solicitor General issues a certification, which will be quoted in the decision, briefly stating his reasons for his agreement or opposition to the petition Judgment reversed and set aside. Hernandez vs. CA 320 SCRA 76 FACTS: Lucita Estrella married Mario Hernandez on Januray 1, 1981 and they begot three children. On July 10, 1992, Lucita filed before the RTC of Tagaytay City, a petition for annulment of marriage under Article 36 alleging that from the time of their marriage, Mario failed to perform his obligation to support the family, devoting most of his time drinking, had affairs with many women and cohabiting with another women with whom he had an illegitimate child, and finally abandoning her and the family. The RTC dismissed the petition which was affirmed by the CA. ISSUE: Whether there was psychological incapacity under Article 36. HELD: Petitioner failed to establish the fact that at the time they were married, private respondent was suffering from psychological defect which in fact deprived him of the ability to assume the essential duties of marriage and its concomitant responsibilities. As the Court of Appeals pointed out, no evidence was presented to show that private respondent was not cognizant of the basic marital obligations. It was not sufficiently proved that private respondent was really incapable of fulfilling

his duties due to some incapacity of a psychological nature, and not merely physical. Private respondents alleged habitual alcoholism, sexual infidelity or perversion, and abandonment do not by themselves constitute grounds for finding that he is suffering from a psychological incapacity within the contemplation of the Family Code. It must be shown that these acts are manifestations of a disordered personality which make private respondent completely unable to discharge the essential obligations of the marital state, and not merely due to private respondents youth and selfconscious feeling of being handsome, as the appellate court held. Judgment affirmed. Marcos vs. Marcos G.R. No. 136490, October 19, 2000 FACTS: Plaintiff Brenda B. Marcos married Wilson Marcos in 1982 and they had five children. Alleging that the husband failed to provide material support to the family and have resorted to physical abuse and abandonment, Brenda filed a case for the nullity of the marriage for psychological incapacity. The RTC declared the marriage null and void under Article 36 which was however reversed by the CA. ISSUES: 1) Whether personal medical or psychological examination of the respondent by a physician is a requirement for a declaration of psychological incapacity 2) Whether the totality of evidence presented in this case show psychological incapacity. HELD: Psychological incapacity, as a ground for declaring the nullity of a marriage, may be established by the totality of the evidence presented. There is no requirement, however that the respondent should be examined by a physician or a psychologist as a conditio sine qua non for such declaration. Although this Court is sufficiently convinced that respondent failed to provide material support to the family and may have resorted to physical abuse and abandonment, the totality of his acts does not lead to a conclusion of psychological incapacity on his part. There is absolutely no showing that his defects were already present at the inception of the marriage or that they are incurable. Verily, the behavior of respondent can be attributed to the fact that he had lost his job and was not gainfully employed for a period of more than six years. It was during this period that he became intermittently drunk, failed to give material and moral support, and even left the family home. Thus, his alleged psychological illness was traced only to said period and not to the inception of the marriage. Equally important, there is no evidence showing that his condition is incurable, especially now that he is gainfully employed as a taxi driver. In sum, this Court cannot declare the dissolution of the marriage for failure of petitioner to show that the alleged psychological incapacity is characterized by gravity, juridical antecedence and incurability (Santos v. CA, 240 SCRA 20); and for her failure to LEGAL RESEARCH


observe the guidelines as outlined in Republic v. CA and Molina, 268 SCRA 198 Republic vs. Dagdag G.R. No. 109975, February 9, 2001 FACTS: Plaintiff Erlinda Matias married Avelino Dagdag in 1975 and they begot children. A week after the wedding, Avelino would disappear for months. During the times he was with the family, he indulged in drinking sprees with friends and would return home drunk. He would likewise inflict physical injuries on her. In 1983, Avelino left the family again and that was the last they heard from him. Erlinda later learned that Avelino was imprisoned but escaped from jail. In 1990, Erlinda filed with the RTC of Olongapo City a petition for nullity of marriage for psychological incapacity. On December 17, 1990, the date set for presentation of evidence, only Erlinda and her counsel appeared. Erlinda testified and presented her sister-in-law, Virginia Dagdag, as her only witness. Virginia testified that she is married to the brother of Avelino. She testified that Erlinda and Avelino always quarreled, and that Avelino never stayed for long at the couples house. Thereafter, Erlinda rested her case. The RTC declared the marriage null and void under Article 36 of the Family Code which was affirmed by the CA. ISSUE: Whether the husband suffers from psychological incapacity as he is emotionally immature and irresponsible, a habitual alcoholic and a fugitive from justice. HELD: Taking into consideration these guidelins laid down in the Molina case, it is evident that Erlinda failed to comply with the required evidentiary requirements. Erlinda failed to comply with guideline No. 2 which requires that the root cause of psychological incapacity must be medically or clinically identified and sufficiently proven by experts, since no psychiatrist or medical doctor testified as to the alleged psychological incapacity of her husband. Further, the allegation that the husband is a fugitive from justice was not sufficiently proven. In fact, the crime for which he was arrested was not even alleged. The investigating prosecutor was likewise not given an opportunity to present controverting evidence since the trial courts decision was prematurely rendered. Judgment reversed and set aside. VII. BASIC LEGAL CITATION 1. Purpose of Legal Citation -Reference; Provides the information necessary for the reader to locate the reference (specific statute, court opinion, law review, encyclopedia) allowing the reader to check its content *Guide/ Source: Bluebook (Harvard Law Review Association); and ALWD Supra Id, Idem same as above same page cited in the case

Search Materials and Finding Tools: 1. Citators -They supply references to decisions in which other cases have been cited, reviewed, affirmed, reversed, overruled, criticized or commented upon, and to cases in which statutes have been construed, and to statutes in which prior acts have been amended, renewed or repealed -A citator is a finding tool that provides the subsequent history of reported cases and lists of cases and legislative enactments construing, applying or affecting statutes -Shepards Citations published by Shepards McGraw-Hill, lists virtually every published case by citation, in both official and unofficial reporters, and then list under its citation every subsequent case that has cited the case in question. The process of updating a case through this method is referred to as Shepardizing. 2. Indexes -The word index usually means a subject-index which is like the index found in textbooks, statutes, etc. A subject index is an alphabetically arranged topical words in which, by means of references under each topic, material relating to these topics expressed in appropriate words is digested 3. Bibliographies -A bibliography is a list of descriptions of published materials either relating to a given subject, or by a given author. A bibliography of law books may refer to a list of an authors legal words, or of the literature bearing on a particular subject or field of law VIII. ELECTRONIC RESEARCH Philippine Laws Premium Edition Contents: 1. Subject Index 2. Selected Laws with Annotations 3. Philippine Constitutions 4. Statutes 5. Presidential Issuances 6. Supreme Court Issuances 7. Spanish Era Code 8. Treaties 9. Implementing Rules and Regulations 10. Rules and Procedures Jurisprudence 1. G.R. Nos. 2. Cases from 1901-2009 (2010, 2nd Quarter) Description Connected words Proximity, in order Proximity, unordered Character replacer Synonyms Related root word extender IX. LEGAL BIBLIOGRAPHY X. SPECIAL TOPICS Legal Research - applying the law in the given set of facts FACTS EVIDENCE LAW Code xxx xxx/10 xxx@10 wom?n $ %



The duty of the legal researcher arises on the third instance where you have both the facts and the evidences but not the law Cases -Published reports of dispute which have come before the court including the reason for the decision and the decision itself -Published reports found in the Official Gazette, Philippine Reports, SCRA, SCANT, etc Case Brief -Written summary of the abstract of the case, in your own words Case Brief, Elements 1. Facts -Contains the parties involved, date of the case, controversies, cause of action (arises from the act of another violating the right of someone, the latter having the cause of action) 2. Issues -Problem, sub-issues 3. Arguments -Parties, court, discussion of pros and cons -Formulation through general proposition from considering facts (inductive reasoning) 4. Decision -Application of the law Obiter Dicta (not binding) -Proposition or statement not pertinent in deciding the issues in the case Holding -Propositions actually relied on the decision Citation, Elements 1. Name of the case 2. Volume # 3. Page # 4. Date decided Example: People vs. Boncayao, 234 SCRA 567 (2010) Methods A. Living Law Approach 1. Law Finder -Index, dictionaries, etc 2. Go to the law -If not the law you are looking for, cross-reference to get the law that applies appropriately 3. Supplement or evaluate it B. Topic Method Read also: Manual of Supreme Court on Legal Writing, Judicial Writing by Dr. Ng (page 156-166) re: Citing Constitutions, Statutes, Administrative Orders, and Foreign Materials

BASIC LEGAL CITATION by Dr. Ng Po I. Introduction Legal research is the search for authority that can be applied to a given set of facts and issues. Legal research and analysis involve determining how the law applies to the facts of the case, which in turn requires knowledge of what the law is, how to find it, and the general principles that govern its application (Putman, 2004) Legal citation is the style of crediting and referencing other documents or sources of authority in legal writing (Wikipedia) Manual of Judicial Writing: Substance and form are the basic elements of all human creation. One without the other would be useless. The purpose of the Manual is to provide a standardized form for the substance of Supreme Court decisions and resolutions. The aim is to provide tools for clarity while leaving plenty of room for individual style and preference II. Purpose of Legal Citation According to former Chief Justice Hilario Davide (2005), words are the lifeblood of judicial decision or of any other form of writing. When the right words are used, they serve as gems that give luster to a message or idea. On the other hand, gobbledygook, legal jargon, or archaic language is likely to take away the vigor of a message A language without idiom is like a man who cannot smile Legal citation is a standard language that allows one writer to refer to legal authorities with sufficient precision and generality that other can follow the references Legal citation strives to: 1. Identify the document and document part to which the writer is referring, 2. Provide the reader with sufficient information to find the document or document part in the sources the reader has available (which may or may not be the same sources as those used by the writer), and 3. Furnish important additional information about the referenced material and its connection to the writers argument to assist readers in deciding whether or not to pursue the reference The task of legal citation in short is to provide sufficient information to the reader of a brief or memorandum to aid a decision about which authorities to check as well as in what order to consult them and to permit efficient and precise retrieval -- all of that, without consuming any more space or creating any more distraction than is absolutely necessary (Adapted from Cornell Library 2005, with permission) III. Types of Citation Principles 1. Full Address Principles: Principles that specify completeness of the address or identification of a cited document or document portion in terms that will allow the reader to retrieve it 2. Other Minimum Content Principles: Principles that call for the inclusion of additional information items beyond a retrieval address -- the full name of the author of a journal article, the year a decision was rendered or a statutory codification last updated 3. Compacting Principles: Principles that reduce the space taken up by the information items included in a citation. These include standard abbreviations (Supreme Court becomes S.C.) and principles that eliminate redundancy



4. Format Principles: Principles that punctuation, typography, order of items within a citation, and the like. IV. How to cite Constitutions 1. Constitutional Text
CONSTITUTION, Art. VI, Sec. 2 CONSTITUTION, (1935), Art. III, Sec. 1, par. (3)

E. Cite provincial, city, and municipal ordinances: name of the local government unit, serial number of ordinance, and date of adoption
Manila Ordinance 6120, January 26, 1967

VII. How to cite Court Decisions 1. Decisions and Resolutions A. Case Title: surname of the opposing parties first mentioned B. Exceptions -cite Islamic and Chinese names in full
Lim Sian Tek v. Ladislao (Not Lim v. Ladislao)

*When the Constitution is no longer in force, enclose the year when it took effect in parentheses 2. Constitutional Proceedings: cite the volume in roman numeral, followed by the word RECORD/JOURNAL, CONSTITUTIONAL COMMISSION, the page number, and the date of deliberation in parentheses

-cite compound names in full

People v. De Guzman (Not People v. Guzman)

V. How to cite Statutes, and Similar Materials 1. Session Laws: cite the law, followed by the year of effectivity in parentheses, and the specific article or section
Republic Act No. 4723 (1966), Sec. 2

-cite names of corporations, associations, business firms and partnerships in full. Words forming part of such names may be abbreviated, except the first word
Mata v. Rita Legarda, Inc.

2. Codes: cite the name of the particular code and specific article or section (if numbered continuously; or the headings, from general to specific, followed by the article or section (if not numbered continuously)
CIVIL CODE, Art. 297 CIVIL CODE (1889), Art. 67 ADMINISTRATIVE CODE, Book IV, Title 1, Chapter 9, Sec. 29

-cite cases involving the Government of the Philippines and criminal cases as follows:
U.S. v. Jaranilla Government v. Abadinas Republic v. Carpin People v. Santos

-cite cases involving public officers as follows:

Gonzales v. Hechanova (Not Gonzales v. Executive Secretary)

*When the code is no longer in force, enclose the year of effectivity in parentheses after the name of the code 3. Legislative Proceedings: cite the volume in roman numeral, followed by the word RECORD/JOURNAL, HOUSE/ SENATE, the specific Congress, the session number, the page number, and the date of deliberation in parentheses

-cite local government units by their level, followed by their official name
Province of Rizal v. RTC

-cite case names beginning with procedural terms like In re. as they appear in the decisions. Use In re instead of In the matter of
In re Elpidio Z. Magsaysay

VI. How to cite Administrative Materials and Regulations 1. Treaties: name of the treaty or agreement, the date of signing, the parties, the subdivisions referred to (if applicable), and the source
Treaty of Friendship with India, July 11, 1952 (1953), II-2

-in consolidated cases, cite only the first case

In Mabuhay Textile Mills Corp v. Minister Ongpin, 1 the court held that xxx ___________________ 1 225 Phil. 383 (1986)

2. Executive and Administrative Issuances: A. issuance followed by the year of effectivity in parentheses, and the specific article or section
Executive Order No. 329 (1972)

C. Case Reports
Concepcion v. Paredes, 42 Phil. 599, 607 (1921) People v. Suzuki, G.R. No. 120670, October 23, 2003, 414 SCRA 43

B. Presidential Acts under Martial Law

General Order No. 39 (1972)

*In multiple cases, start with the latest to the earliest 2. Rules of Court
RULES OF COURT, Rule 130, Sec. 2, par. (b)

C. Other Executive Issuances

Secretary of Justice Opinion No. 271, s. 1982

3. ROLLO & Other Court Records A. Rollo. Capitalize the word rollo only at the beginning of a citation or a sentence
Rollo, p. 21 CA rollo, pp. 109-122 Sandiganbayan rollo, p. 9 CTA rollo, p. 10

D. Cite Rules and Regulations: abbreviated name of the agency together with the designation employed in the rules, serial number, year of promulgation in parentheses, and the section or paragraph
Labor Employment Service Regulation No. 3 (1966)



-If there are two or more volumes:

Rollo, Vol. 3, p. 21

D. Signal that indicates background material See generally Cited authority presents helpful background material related to the proposition

-In consolidated cases:

Rollo (G.R. No. 123456), p. 21

E. Order of Signals

-In consolidated cases: B. Records:

Records, pp. 210-214 MTC records, p. 123

C. References to TSN (transcript of stenographic notes)

TSN, January 30, 2003, pp. 21-22

D. Exhibits: quotation marks, followed by the source (e.g, rollo or records)

Exhibit .A,. p. 21

VIII. How to cite Foreign Materials IX. Repeating Citations 1. Supra - to identify a material previously cited on the same or preceding page. It should not be used to refer to statutes or constitutions
Concepcion v. Paredes, 42 Phil. 599, 607 (1921) Concepcion v. Paredes, supra Concepcion v. Paredes, supra at 601 Concepcion v. Paredes, supra note 1, at 601

2. Id - when citing the immediately preceding footnote that has only one authority
1 Concepcion 2 Id. 3 Id.

v. Paredes, 42 Phil. 599, 607 (1921)

at 601

3. Introductory Signals A. Signals that indicate support See See also Cf. Cited authority directly states or clearly supports the proposition Cited authority constitutes additional source material that supports the proposition Means compare; cited authority supports a proposition different from the main proposition but sufficiently analogous to lend support

B. Signal that suggests a useful comparison Compare x x x [and] x x x with x x x [and] x x x C. Signals that indicate contradiction But see Cited authority directly states or clearly supports a proposition contray to the main proposition But cf. cited authority supports a proposition analogous to the contrary of the main proposition But should be omitted from But cf. whenever it follows But see