Legal Research process of finding laws, rules and regulations that govern activities in human society - an investigation for

r information necessary to support legal decision making > help lawyers uphold the standards of legal profession Sources of legal research: 1. 2. 3. 4. 5. Constitution Statutes Court decisions Administrative rules Scholarly commentaries

Sources of Law: 1. Primary Sources 2. Secondary Materials 3. Finding Tools Primary Sources > recorded laws and rules enforced by the state >products of legislative actions, codes and statutes (1st major primary source) >also include judicial decisions (2nd major category of primary sources) and administrative law (3rd major category of primary source) Secondary Materials >not primarily authority but discuss/analyze legal doctrine >examples: treatises, commentaries, academic law journals/reviews, etc Finding Tools >methods/means to help find material efficiently >means for locating primary sources >example: a. Digests reprint headnotes summarizing points of law from court decisions in a subject classification b. Annotations summarize cases on particular topics c. SCRA quick index digest d. Lex Libris and PhilJuris Four Basic Steps to Legal Research: 1. 2. 3. 4. Identify and analyze significant facts Formulate the legal issues to be researched Research the issues presented Update

Identify and Analyze the significant facts >use of the T.A.R.P. RULE T hing or subject matter A ction, or a cause of action/group of defense R elief sought P ersons or parties involved >putting the elements in an example: Thing or subject matter a party claims a violation of the terms of a contract Cause of action breach of contract Relief sought civil action for damages/action for specific performance Persons or parties involved lessor and lessee Formulate the legal issues to be researched >goal: classify and categorize problems into general and increasingly specific, subject areas to begin to hypothesize legal issues >initial activity which presupposes knowledge of substantive law >drafted statements of the issue should be arranged logically to form an outline Research the issues presented >method: a. organize and plan best practice is to write down all sources to be researched under each issue to be researched b. identify, read and update all relevant constitutional provisions, statutes and administrative regulations c. identify, read and update all relevant case law i.e. laws applied in case files d. refine the search Update >rationale: law changes constantly Case briefing a students digest or condensation of a reported case >components of a case brief: 1. Facts describe events between the parties leading to the litigation and tel how the case came before the court that is now deciding it 2. Issue/s the question the court must decide to resolve the dispute between the parties in the case before it 3. Ruling the courts decision on the issue that is actually before it Statutory Law >consists mainly of the following (Philippine Statutory Law): 1. 1987 Constitution 2. Treaties and International Agreements

3. Statutes enacted by the Legislature 4. Administrative rules and regulations 5. Ordinances enacted by the Autonomous Regions 6. Ordinances enacted by Local Government Units The Philippine Constitution >supreme law of the land >ultimate authority to which reference should be made to determine the validity of national laws, administrative regulations, local ordinances and executive actions >History of the Constitution: 1. Spanish period 1.1. 1808 marked the start of Spanish constitutional history (all laws originated from Spain) 1.2. Philippines had representation in the Spanish Cortes 1.3. Laws and the constitution can be found in Leyes Constitutionales de Espana, Derecho Parliamentario Espanol 1.4. Constitutionalism was a vague concept for Filipinos during the period and the notion of the Constitution as a tool to limit governmental authority and establish a rule of law for the governor and the subject was not comprehended in theory and in practice 2. Treaty of Paris 2.1. Legal starting point of Philippine constitutional development which reached full maturity with the adoption of the Constitution of the Philippines and the declaration of Philippine Independence on July 4, 1946 2.2. Official text of the treaty can be found in Official Gazette, Vol. 1 & U.S. Statutes at Large, Vol. 30 3. Malolos Constitution of 1899 3.1. Named after the capital town of the revolutionary government 3.2. Promulgated by Emilio Aguinaldo on January 21, 1899 3.3. Was not new in the strict sense since previous charters and codes from the Katipunan up to the autonomy projects of Pedro Paterno all led to the drafting of this constitution 3.4. Organized a Filipino State called: The Philippine Republic 3.5. Sovereignty exclusively resided in the people 3.6. Some provisions are literal copies of the Spanish Constitution 3.7. Legislature was unicameral assembly of representatives 3.8. Executive power was vested in the president 3.9. Judicial power was vested in the Supreme Court of Justice 4. The American Period 4.1. Organic Laws The organic law of a territory takes the place of a constitution as the fundamental law of the local government. It is obligatory and binds the territorial authorities; but congress is supreme, and for the purpose of this department, its governmental authority

has all the powers of the people of the United States, except such as been expressly or by implication reserved in the prohibitions of the constitution. 4.1.1.President McKinleys Instructions of April 7, 1900 The legislative power was vested in a unicameral body. Legislative power conferred by these instructions also included: organization and establishment of municipal and departmental governments. 4.1.2.The Spooner Amendment of March 2, 1901 This put an end to the military government over a great portion of the archipelago and enabled the president to establish a true civil government. The office of the Civil Governor now exercised the powers of the executive branch, which formerly resided in the military governor. 4.1.3.The Philippine Bill of 1902 act made to temporarily provide for the administration of a civil government in the Philippine Islands. It did not establish a new form of government but only accepted the existing one. This bill called for the creation of a Philippine Assembly (convened on October 16, 1907), which together with the Philippine Commission formed the legislative body of the country. Until 1907, legislature was purely unicameral. 4.1.4.The Philippine Autonomy Act of 1916 was popularly known as the Jones Law and granted general legislative power except as otherwise provided therein to the Philippine Legislature. This act more nearly resembles the constitution as compared to the other organic laws. The Philippine Legislature was inaugurated on October 16, 1916 with Manuel Quezon as Senate President and Sergio Osmena as Speaker of the House. 4.2. The Commonwealth Period 4.2.1.The Tydings-McDuffie Law of 1934 provided for the relinquishment of American sovereignty over the Philippine Islands upon the expiration of a 10-year transition period; during which the Philippines would be under an all-Filipino Commonwealth government. 4.2.2.The 1935 Constitution The Philippine Legislature enacted a law on May 5, 1934 calling for a constitutional convention which bore the 1935 constitution. By the new constitution, the Philippine Legislature was superseded by the National Assembly (unicameral), and provided for a republican form of government which followed the doctrine of separation of powers. It is made up of 17 articles namely: National Territory, Declaration of Principles, Bill of Rights, Citizenship, Suffrage, Legislative Department, Executive Department, Judicial Department, Impeachment, General Auditing Office, Civil Service, Conservation and Utilization of Natural Resources, General Provisions, Amendments, Transitory Provisions, Special Provisions effective upon the proclamation of Philippine Independence, and The Commonwealth Republic. There were 3 amendments to the said constitution: in 1940, 1. the National Assembly was abolished and replaced by the Congress of the Philippines (bicameral), 2. the term of office of the president and vice president were reduced from 6 to 4 years, 3. an independent Commission on Elections was created. In 1947, the constitution was once again amended which gave rise to parity rights, which allowed citizens and business enterprises of the US exploitation, development and utilization of natural resources and operation of public utilities in the country. 5. The Japanese Period (1943 Constitution) 5.1. On January 2, 1942, Imperial Japanese forces invaded and occupied Manila 5.2. 1943 Constitution was drafted during the occupation as headed by Jose P. Laurel

5.3. Broad centralized powers were vested in the president including full coercive powers of the state for its preservation 5.4. Provides for a unicameral legislature (National Assembly) headed by the speaker 6. Period after Philippine Independence of 1946 6.1. Martial Law Declaration On September 21, 1972, PD 1081 was issued placing the Philippines under martial law. On November 29, 1972, the constitutional convention (convened in 1971) approved its proposed constitution of the Philippines. The day after, the president issued PD 73, submitting the constitution to the Filipino people in a plebiscite to ratify or reject it. Questions about its ratification were dismissed by the supreme court by virtue of it being a political question. 6.2. The 1973 Constitution provides for a parliamentary system of government. Under the constitution, there will be a president who shall serve as the head of state, a national assembly of legislators elected by the people, a prime minister elected by the national assembly from among its members and would be heading the government. The said constitution has a preamble and 17 articles namely: National Territory, Declaration of State Principles and State Policies, Citizenship, Bill of Rights, Duties and Obligations of Citizens, Suffrage, The president, The National Assembly, The Prime Minister and the Cabinet, The Judiciary, Local Government, The Constitution Commissions, Accountability of Public Officers, The National Economy and the Patrimony of the Nation, General Provisions, Amendments, and Transitory Provisions. 6.3. Amendments to the 1973 Constitution Under PD 1033, the people of the Philippines ratified in a referendum-plebiscite 7 amendments to the 1973 constitution. Among of which was the granting of legislative powers to the president, the creation of an interim batasang pambansa, and the making the incumbent president the regular president and prime minister. People clamored for an election especially since Marcos had been president for 15 years already. In the plebiscite held on April 7, 1981, a modified form of parliamentary government was approved as well as the institution of electoral reforms and permission to natural born citizens who have lost their citizenship to be transferees of private land for use as private residence. The amendments to the constitution paved the way for the presidential election of June 16, 1981 which the opposition boycotted. Marcos was then put up against Gen. Alejo Santos, from which he won easily. On January 17, 1982, martial law was lifted and the fourth Philippine Republic was inaugurated on the 30th of the same month. On August 21, 1983, Benigno Aquino was shot to death at the Manila International Airport. On January 27, 1984, another plebiscite was held ratifying the following amendments to the constitution: 1. Apportioning members of the Batasang Pambansa among the provinces, cities, and Metropolitan Manila or its districts, 2. Providing for an ordinance to be appended to the Constitution such as appointment, 3. Establishing a different mode of presidential succession by creating the office of the vice president and abolishing the executive committee, 4. Allowing the grnat of lands of the public domain to qualified citizens, 5. Providing that at least a majority of the members of the cabinet who are heads of ministries shall come from the elected representatives of the Batasang Pambansa, and 6. Providing for urban land reform and social housing program. 6.4. The Provisional constitution of 1986 In November 1985, Marcos called for special snap presidential elections. On February 15, 1986, the Batasang Pambansa declared Ferdinand

Marcos winner over Corazon Aquino. On February 22, 1986, Juan Ponce Enrile and Fidel Ramos, minister of national defense and vice chief of staff respectively, holed themselves in the DND headquarters in protest of the election results. They were later joined by unarmed civilians in what history now knows as the people power revolution. On February 25, 1986, Corazon Aquino was proclaimed president of the Philippines. The freedom constitution adopted in toto the previous constitutions articles regarding: National Territory, Citizenship, Bill of Rights, Duties and Obligations of Citizens, and Suffrage. The other provisions were superseded. 6.5. The 1987 Constitution a constitutional commission was called by President Aquino to draft a new constitution on April 23, 1986. Under the new constitution, the Philippines is now declared to be a republican and democratic state. The 1987 constitution also houses provisions which adopt a policy against nuclear weapons, human rights, a bicameral legislature, separation of powers, and a redefined and empowered judiciary. The ratification of the new constitution paved the way for holding the elections for senators and congressmen on May 11, 1987. Treaties and International Agreements >has same force and authority as legislative enactments >treaty a compact made between two or more independent nations with a view to the public welfare >official text of treaties entered into the Philippines and foreign nations are published into the Official Gazette. Statutes Enacted by the Legislature 1. Legislation in General formal enactment of laws by competent authority and in the proper manner. As a source of laws, legislation carries with it certain advantages among which is that it makes the law clear, definite and formal. At the same time, laws can be repealed efficiently. Modern forms of legislation include codification, which is the systematic and logical compilation of all the statutes on a certain subject of law. Philippine legislature rests on the Congress, which is composed of the House of Representatives and The Senate. 1.1. Constitutional Provisions sections of the constitution which are treated as general guidelines for law 1.2. Types of Legislation frequently, statute law is equated to legislation. Legislation, in the broader sense however, encompasses statute laws. 1.3. Forms of Statutes as prescribed by the constitution, every bill passed by the congress shall embrace one subject which shall be expressed in the title thereof. 1.4. The Enactment of Statutes every bill shall pass 3 readings on different days and shall be submitted to the president for his approval. 1.5. The Construction of Statutes simplest approach to interpreting statutes is to take its plain meaning provided that the formulation is clear, plain and unambiguous. Construction of a statute is the process wherein we find the true intent of the author of the law upon making it (legislative sense). If legislative history of the statute is not available, its legislative purpose is then looked upon to find its true meaning. 2. History of Philippine Legislation

2.1. Pre-Spanish Period during these times, whenever the chieftain wants a law to be enacted, he calls on the elders of the community. When they approve of his plan of action, it becomes law. Once approved, an announcer or umalahokan goes around the village to spread the news. 2.2. Spanish Period Spanish legislation regarded the indigent population as legal minors. The natives were treated as a separate commonwealth, la republica de los indios. Two sets of rules govern during the period. The first is a set of rules intended for Spanish citizens, the second is a body of laws specifically enacted in Spain to specially govern the colonies. 2.2.1.Spanish Laws made applicable to the Philippines to understand the legal system introduced by the Spaniards, we must understand the system of laws in Spain 2.2.1.1. The System of Laws in Spain and its Antecedents The first people in Spain were called Celtiberians (mixture of the Iberians and the Celts). Before its rule under the Roman Empire, Spain was under the rule of the Carthaginians. When Rome defeated Carthage, Spain became one of the most important Roman colonies. By the time the Huns were ransacking parts of Northern Europe, the Visigoths (west Goths) was able to overwhelm Roman armies and eventually sack Rome and Spain. Thus in 416 A.D., Spain became a Visigothic kingdom. 2.2.1.1.1. The code of Euric and the Brevarium of Alaric The Visigoths wrote down their customary laws and called it the Codex Eurici. The Code was primarily intended to govern the conquerors and not the conquered. Eurics son, Alaric II then formed a body of visigothic scholars to form a body of laws for the conquered citizens. The coded provisions became known as the Brevarium of Alaric. 2.2.1.1.2. Fuero Juzgo about 650 A.D., the law governing the two classes were compiled under one codex which was known as fuero juzgo. In 711 A.D., the visigothic king Roderic fell to the Moors under Tarik. In 718 A.D., Spain began recapturing the country from the Moors piece by piece until the kingdom of Castille arose on 900 AD, and eventually on 1230, Castille and Leon merged into the Kingdom. 2.2.1.1.3. Fuero Real The Fuero Real comprised of four books, divided into 72 titles, which housed 555 laws. This was the work of Alfonso X, king of Castille. The fuero real treated public law from secular and spiritual points of view. This presupposes the role of the Church in the process to national unification. 2.2.1.1.4. Las Siete Partidas the siete partidas was divided into 7 parts, had 182 titles, and was comprised by 2,479 laws. The seven parts (partidas) were divided as follows: 1. Natural law, laws of customs, the Catholic faith, religious doctrines and canonical laws; 2. Public law; 3. Justice, judicial organization and rules of possession and servitudes; 4. Family relations, relations between lord and vassal, friendship; 5. Obligations and contracts; 6. Testaments, councils, heirs, successions, executors, intestates and partitions, minors, orphans; 7. Penal legislation. On October 1469, Ferdinand of Aragon and Isabella of Castille were married and further unified Spain. In 1482, Granada, the last province to be reclaimed, was taken back from Boabdil of the Moors.

2.2.1.1.5. Leyes de Toro This was a systematic codification of all the laws enforced. The compilation had full binding authority and remained in force until the modern codes. 2.2.1.1.6. Nueva Recopilacion under the mandate of his majesty, Philip II, a reform in laws was sanctioned. The new codification was called Nueva Recopilacion de las Leyes de Espana. 2.2.1.1.7. Novisima Recopilacion under Charles IV, another revision of the laws was needed. The new codification was known under the tiltle Novisima Recopilacion de las Leyes de Espana. 2.2.1.2. Modern Spanish Codes 2.2.1.2.1. Codigo de Comercio of 1885 2.2.1.2.2. Codigo Penal of 1870 2.2.1.2.3. The codes of Civil and Criminal Procedure 2.2.1.2.4. Codigo Civil of 1889 2.2.2.Laws specially enacted for the colonies 2.2.2.1. Legislation for the colonies enacted in Spain and was transmitted in the form of royal cedulas, ordenamientos pragmaticas, reglamentos, resoluciones, autos acordados, decretos, provisiones, and carta abierta. 2.2.2.2. First collection of laws relating to the colonies the earliest that was printed was the ordenanzas (for the Mexican colony). 2.2.2.3. Compilation of laws initiated by the Council under Philip II, Juan de Ovando was sanctioned for the task, which was the beginning of the Recopilacion of the Indies 2.2.2.4. The Codigo Ovandino named after Juan de Ovando to honor his work in compiling the laws for the Indies. 2.2.2.5. General compilation by Aguilar y Acuna and Pinelo work on compilation was continued by Rodrigo de Aguilar y Acuna and Antoniode Leon Pinelo when Aguilar died. 2.2.2.6. Recopilacion de Leyes de los Reynos de Indias composed of 9 books, 218 titles, and 6,377 laws. This was practically a digest of the royal enactments for the political, military, and fiscal administration of the colonies. 2.2.2.7. Compilations subsequent to the Recopilacion even after the Recopilacion was printed, partial collections continued to be published from time to time. 2.2.3.Evaluation of the Laws in the Philippines during the Spanish period In the Philippines, there is a great mass of unwritten, or at least unprinted law, emanating from different and independent sources, often contradictory, introduced traditionally, quoted erroneously; a farrago, in which the Leyes de Indias, Siete Partidas, Novisima Recopilacion, the Roman code, the ancient and the Royal Fueros to say nothing of proclamation, decrees, notifications, orders, bandos produce all the toil and trouble of the witches cauldron, stirred by the evil genii of discord and disputation. (John Browning, A Visit to the Philippine Islands, 1859)

2.2.4.Legislation in the Philippines during Spanish period power was shared by 3 entitites: 1. Governor-General (chief legislator); 2. Royal Audiencia (Spanish Supreme Court of the country); 3. The Crown of Spain acting through its councils. There was no Filipino representation. 2.3. Period of the Philippine Revolution Emilio Aguinaldo inaugurated the Malolos Congress on September 15, 1898. It was a unicameral body and was most famous for the Malolos constitution. 2.4. American period American occupation started with a military government by the US army which also discharged legislative functions. In 1907, the Philippine Commission comprised the Philippine Legislature. This was then superseded by the formation of a bicameral legislature consisting of the Philippine Commission and the Philippine Assembly. In 1916, the Philippine Autonomy act gave rise to the House of Representatives and the Philippine Senate. In 1935, it was again reverted into a unicameral body, only to be changed back on 1940. 2.5. Commonwealth Period this period witnessed the enactment of 733 statutes. Legislature in this period was first unicameral (1935) then changed back to bicameral (1940). 2.6. Japanese Period the 1943 constitution provided for a unicameral body known as the National Assembly 2.7. Period after independence a total of 6,635 Republic Acts were legislated by the bicameral congress from July 4, 1946 until September 21, 1972. 2.8. Martial Law period a total of 2,036 Presidential Decrees were promulgated 2.9. Aquinos Revolutionary Government Aquino dumped the 73 constitution, installed a revolutionary government and promulgated the freedom constitution by which she stood as legislator by giving out Executive Orders 2.10. Period under the 1987 constitution it restored a bicameral congress which is still in effect up to present 3. Publications of Philippine Statutes, In general contained primarily in the Official Gazette, which also serves as prima facie evidence of its authenticity. 4. Summary of Philippine Legislation (complete chart and list: Legal research, Rodriguez, pp. 139-141) Administrative Rules and Regulations >made effective by issuance of executive orders >may be grouped together according to their functions and powers 1. Agencies with implied quasi-legislative powers e.g. DSWD, Bureau of Forestry, etc. 2. Agencies with express quasi-legislative powers e.g. GSIS, SSS, DOLE, etc. 3. Publications on Administrative Rules and Regulations usually published in the official gazette. Publications by the particular administrative agencies are as follows: 3.1. Civil Service Commission 3.1.1.Book V of the Revised Administrative Code of 1987 on the Civil Service Commission 3.1.2.Omnibus Rules Implementing Book V of Exec. Order 292 and other pertinent Civil Service Laws 3.1.3.Uniform Rules on Administrative Cases in the Civil Service

3.1.4.Rules implementing the Code of Conduct and Ethical Standards for Public Officials and Employees (RA 6713) 3.1.5.Revised Omnibus Rules on Appointments and Other Personnel Actions 3.1.6.Omnibus Rules on Leave 3.1.7.Personnel Officers Manual 3.1.8.Revised Policies on Performance Evaluation System 3.1.9.Agency Performance Evaluation System (A Model) 3.1.10. Memorandum Circulars 1992-2000 3.1.11. Qualification Standards Manual 3.1.12. CSC Memo Circulars Index (1988-1998) 3.1.13. Manual on Definitions of Administrative Offences in the Civil Service 3.2. Securities and Exchange Commission 3.2.1.SEC Polio, 1946-1976 3.2.2.SEC Bulletin 3.2.3.SEC Weekly Bulletin 3.3. Central Bank 3.3.1.Financial Journal 3.3.2.Central Bank Annual Reports and Compilations 3.4. DOLE 3.4.1.Rules and Regulations implementing the Labor Code 3.5. Department of Agrarian Reform 3.5.1.Comprehensive Agrarian Reform Program and Presidential Issuances 3.6. DOJ 3.6.1.Department of Justice, Revised Circulars, 1963 3.7. Dangerous Drugs Board 3.7.1.Dangerous Drugs Board Regulations (1988) 3.8. Board of Investments 3.8.1.Omnibus Investments Code and Implementing Regulations (1989) 3.9. Office of the Insurance Commission 3.9.1.Insurance Reporter Ordinances Enacted by the Autonomous Region >ordinances enacted by CAR and ARMM intended to take effect in the said regions Ordinances Enacted by Local Government Units >ordinances passed by provinces, cities municipalities and baranggays which are mostly concerning local interests >powers are still subjected to the limits laid down by the constitution and other pertinent laws Computerized Legal Research Services >Lex Libris (CD Asia Inc.) >Philjur (Gigabytes Research Systems Incorporated)