LEGAL RESEARCH

GROUP II CLASS REPORT

I. LEGAL SYSTEM Nature of the Philippine Legal System Discussion: Frances Ann Teves Sources of Law Discussion: Stefanio Rabino II. LEGAL RESEARCH Research of Statute Law Discussion: Ric Ramirez Research of Case Law Discussion: Bouna Tabora III. LEGAL PROFESSION AND LEGAL EDUCATION Profession Discussion: Mike Abajon Education Discussion: Myk Gamora IV. ELECTRONIC SOURCES Philippine On-line Sources Discussion: Jonna Jabal CD-ROM Discussion: Tacs Tactay V. PHILIPPINE LEGAL PUBLISHERS Institutional Publishers Discussion: Roel Carlos Commercial Publishers Discussion: Jill Tapales VI. LEGAL CITATION Discussion: Jereme Tuliao

---------------------------------------------------------------------------------------------------------------- Frances Ann Teves --NATURE OF THE PILIPPINE LEGAL SYSYEM May be considered as a unique legal system because of its diversity A combination of: Civil Law(Roman) Common Law (Anglo-American) Muslim Law (Islamic) Indigenous Law TWO (2) MAIN/PRIMARY SOURCES OF LAW: Statutes or Statutory law Statutes are defined as the written enactment of the will of the legislative branch of the government rendered authentic by certain prescribed forms or solemnities are more also known as enactment of congress. 2 TYPES: 1. Constitution 2. Legislative Enactments. In the Philippines, statutory law includes: constitutions, treaties, statutes proper or legislative enactments, municipal charters, municipal legislation, court rules, administrative rules and orders, legislative rules and presidential issuance. Jurisprudence or Case Law are cases decided or written opinion by courts and persons performing judicial functions. Included are: administrative and legislative tribunals such as decisions made by the Presidential or Senate or House Electoral Tribunals. Only decisions of the House of Representatives Electoral Tribunal are available in print as House of Representatives Electoral Tribunal Reports, volume 1 (January 28, 1988-October 3, 1990) to present. They will be available electronically at the Supreme Court E-Library and as a separate CD. Muslim law, the primary sources of Shariah are Quran, Sunnaqh, Ijma and Qiyas. Jainal D. Razul in his book Commentaries and Jurisprudence on the Muslin Law of the Philippines (1984) further stated there are new sources of muslim law, which some jurists rejected such as Istihsan or juristic preference; Al-Masalih, Al Mursalah or public interest; Istidlal (custom) and Istishab. (deduction based on continuity or permanence).

------------------------------------------------------------------------------------------------------------------ Estefanio Rabino --CLASSIFICATION OF LEGAL SOURCES The sources of law may be classified according to: a. Authority b. Source c. Character A. Classification by Authority - Authority is that which may be cited in support of an action, theory or hypothesis. Under this classification, legal sources may be a 1.) Primary authority or 2.) Secondary authority. 1. PRIMARY AUTHORITY - This is the only authority that is binding on the courts. Legal materials of primary authority are those that contain law created by the government. This includes laws promulgated by the three branches of the government, to wit: -Legislative: Act, Commonwealth Act, Republic Act, Batas Pambansa; -Executive: Pres. Decrees, Exec. Orders, Memo Circulars, Admin. Orders, Proclamations, etc and rules and regulations of depts, bureaus and agencies; -Judiciary: Judicial doctrines embodied in decisions.

Primary Authority is sub-divided into: - Mandatory Primary Authority- is law created by the jurisdiction in which the law operates in the Philippines. - Persuasive Mandatory Authority- is law created by other jurisdictions but which have persuasive value to our courts e.g. Spanish and American laws and jurisprudence. Example: American Jurisprudence, Corpus Juris Secundum, Words and Phrases 2. SECONDARY AUTHORITY - These are commentaries or books, treatise, writings, journal articles that explain, discuss or comment on primary authorities. This includes opinions of the Dept of Justice, SEC and circulars of Bangko Sentral ng Pilipinas. These materials are not binding in courts but have persuasive effect. The reputation or expertise of the author is a consideration. Some of them are: Criminal Law- Chief Justice Ramon C. Aquino and Justice Carolina Grino Aquino Civil Law- Senator Arturo M. Tolentino Constitutional Law- Chief Justice Enrique M. Fernando and Fr. Joaquin Bernas Remedial Law- Vicente Francisco and Chief Justice Manuel Moran Labor Law- Prof. Perfecto Fernandez International Law- Justice Vicente Abad Santos and Senator Jovito Salonga B. Classification by Source - This pertains to the sources where the materials were taken by legal researchers. Sources may be: Primary sources (official) or Secondary sources (unofficial). 1. PRIMARY SOURCES - These are those published by the issuing agency itself or the official repository, the Official Gazette. Example of primary sources: - Official Gazette- Legislative enactments or statutes like Republic Acts; - Philippine Reports- Supreme Court Decisions 2. SECONDARY SOURCES - These are the unofficial sources and generally refer to as those commercially published or those that are not published by government agencies or instrumentalities. Some of the secondary sources of statutes are: - Vital Legal Documents- compilation of Presidential Decrees and Republic Acts; - Public Laws Annotated- compilation of all laws from 1901 to 1935; - Commonwealth Acts Annotated- compilation of laws from 1935- 1945; - The Laws of the First Philippine Republic- 1898-1899; - Supreme Court Reports Annotated- for the Supreme Court decisions. Electronic or digitized sources are popular sources of legal information for the ff. reasons: 1. Updated legal information is readily available; 2. The search engines used facilitate research; 3. No complete & update manually published search tools for statute & case law. These electronic sources are in the forms of CD ROMS, online or virtual libraries or the websites of the issuing agency or instrumentality and growing websites such as: 1. Chan Robles Law Firm Library (www.chanrobles.com) 2. Jaromay, Laurente Law Office Online Library (www.jlp-law.com/library) 3. Arellano Law Foundation Lawphil Project (www.lawphil.net) 4. Supreme Court E-Library (http://elibrary.elibrary.judiciary.gov.ph) Two major problems that led to the use of the latest technology by legal researchers: 1. No complete and updated published or printed search tools or law finders for statute law; and 2. No complete compilation of statute law from 1901- present. In finding the law, our goal is to locate mandatory primary authorities which have bearing on the legal problem at hand. If not there, next to look for is the relevant persuasive mandatory authority. If the search is still negative, resort to secondary authority, or if available, both the persuasive mandatory authority and secondary authority is much better.

C. Classification by Character This refers to the nature of the subject treated in books. This classification categorizes books as: 1. Statute Law Books; 2. Case Law Books or Law Reports; 3. Combination of the first and second; and 4. Law Finders - refers to indexes, citators, encyclopedias, legal dictionaries, thesauri or digests. Examples of Law Finders: a. Philippine Law Dictionary- by Federico Moreno published in 1988; b. Philippine Legal Thesaurus- by Jose Agaton Sibal published in 1986; c. Blacks Law Dictionary, Words and Phrases To search for legal information, legal researchers go online to virtual libraries and the different databases in CD-ROM format from CD Asia Technologies Asia Inc that includes not only the compilation of Laws and Jurisprudence but also compilation of legal information not available in printed form. Effective legal research can be conducted with one cardinal rule in mind: ALWAYS START FROM THE LATEST. The exception to this is when the research has defined or has provided a SPECIFIC period.

------------------------------------------------------------------------------------------------------------------------- Ric Ramirez --Research of Statute Law Statute laws are the rules and regulations promulgated by competent authorities; enactments of legislative bodies (national or local) or they may be rules and regulations of administrative (departments or bureau) or judicial agencies. Research of statutory law does not end with consulting the law itself. At times it extends to the intent of each provision or even the words used in the law. In this regard, the deliberations of these laws must be consulted. The deliberation of laws, except Presidential Decrees and other Martial law issuances are available. Constitution The different Constitutions of the Philippines are provided in some history books such as Gregorio F. Zaides Philippine Constitutional History and Constitutions of Modern Nations (1970) and Founders of Freedom; The History of Three Constitution by a seven-man Board. The Philippine legal system recognizes the following Constitutions: Malolos Constitution (La Constitucion Politica de Malolos) of 1899 1935 Constitution 1973 Constitution Provisional or Freedom Constitution; and 1987 Constitution The Constitutional Convention proceedings provide for the intent and background of each provision of the Constitution. Sources for the 1934-1935 Constitutional Convention are: - 10 volumes of the Constitutional Convention Record by the House of Representatives (1966); - Salvador Laurels seven volumes book entitled Proceedings of the Constitutional Convention (1966); - 6 volumes of the Philippine Constitution, Origins, Making, Meaning and Application by the Philippine Lawyers Association with Jose Aruego as one of its editors (1970); and - Journal of the Constitutional convention of the Philippines by Vicente Francisco. Proceedings of the 1973 Constitutional Convention were never published - photocopy and soft copy of the complete compilation is available at the Filipiniana Reading Room of the National Library of the Philippines. Journals (3 volumes) and Records (5 volumes) of the Constitutional Convention of 1986 were published by the Constitutional Commission.

The proceedings and text of the 1935 and 1987 Constitutions are available at the Supreme Court E-Library (elibrary.judiciary.gov.ph), but the 1973 Constitution is not as theres no complete printed version of it. Treaties and other International Agreements A treaty is an agreement or a contract between two (bilateral) or more (multilateral) nations or sovereigns, entered into by agents appointed (generally the Secretary of Foreign Affairs or ambassadors) for the purpose and duly sanctioned by supreme powers of the respective countries. Treaties that do not have legislative sanctions are executive agreements which may or may not have legislative authorization, and which have limited execution by constitutional restrictions. A treaty or international agreement shall not be valid and effective unless concurred in by at least two-thirds of all members of the Senate (Constitution, Article VII, section 21). Those without the concurrence of the Senate are considered as Executive Agreements. The President of the Philippines may enter into international treaties or agreements as the national welfare and interest may require, and may contract and guarantee foreign loans on behalf of the Republic, subject to such limitations as may be provided by law - ex. Tripoli Agreement during Marcos regime. The official text of treaties is published in the following: - Official Gazette - Department of Foreign Affairs Treaty Series (DFATS) - United Nations Treaty Series (UNTS) - University of the Philippines Law Centers Philippine Treaty Series (PTS) For tax treaties Eustaquio Ordoo has published a series on the Philippine tax treaties. Other sources of important treaties: - American Journal of International Law or the Philippine Yearbook of International Law - Philippine Treaties Index (1946-1982) - UN Multilateral Treaties Deposited with the Secretary General Electronically, major law libraries use the Treaties and International Agreements Researchers Archives (TIARA), WESTLAW, LEXIS, other online sources and the Internet. Statutes Proper (Legislative Enactments) - Statutes are enactments of the different legislative bodies since 1900 broken down as follows: 4,275 ACTS Enactments from 1900-1935 733 Commonwealth Acts Enactments from 1935-1945 2034 Presidential Decrees Enactments from 1972-1985 884 Batas Pambansa. Enactments from 1979-1985 9547 Republic Acts Enactments from 1946-1972, 1987- April 1, 2009 During Martial Law, aside from Presidential Decrees, the President promulgated other issuances: 57 General Orders 1,525 Letters of Instruction 2,489 Proclamations 832 Memorandum Order 1,297 Memorandum Circular 157 Letter of Implementation, Letter of Authority, Letters of Instruction 504 Administrative Order 1,093 Executive Orders The following are the Philippine codes adopted from 1901 to present: Child and Youth Welfare Code Civil Code Comprehensive Agrarian Reform Code Coconut Industry Code

Code of Commerce Cooperative Code Corporation Code Family Code Fire Code Forest Reform Code Intellectual Property Code Labor Code Land Transportation and Traffic Code Local Government Code Muslim Code of Personal Laws National Building Code

National Code of Marketing Substitutes and Supplements National Internal Revenue Code Omnibus Election Code Philippine Environment Code Revised Administrative Code Revised Penal Code Sanitation Code State Auditing Code Tariff and Customs Code Water Code

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Executive Orders - Administrative acts, orders and regulations of the President touching on the organization or mode of operation of the government, re-arranging or adjusting districts, divisions or parts of the Philippines, and acts and commands governing the general performance of duties of public officials and employees or disposing of issues of general concern. Executive Proclamation - Those orders fixing the dates when specific laws, resolutions or orders cease to take effect and any information concerning matters of public moment determined by law, resolution or executive orders. In researching for Proclamations, Administrative Orders, Executive Orders and Memorandum Orders & Circulars of the President, the year it was promulgated is a must, or if no year is available, the President issuing it must be stated. To look for the intent of Republic Acts, we have to go through the printed Journals and Records of both houses of Congress which contain their deliberation. To facilitate the search, the House Bill No. or Senate Bill No. or both found on the upper left portion of the first page of the law is important. Administrative Rules and Regulations Administrative Rules and regulations are orders, rules and regulations issued by the heads of Departments, Bureau and other agencies of the government for the effective enforcement of laws within their jurisdiction. Access to administrative rules and regulations have been facilitated due to the two developments: - Government agencies, including government owned and controlled corporations, have their own websites where they include the full-text of their issuances; - The National Administrative Register, which is available in print, CD-Rom and in the Supreme Court website. In handling these types of materials, there are two important items needed: 1. Issuing Agency; and 2. Year it was promulgated

How a Bill Becomes a Law

SOURCE: Congressional Library; House Printing Division, Administrative Support Bureau, July 1996.

---------------------------------------------------------------------------------------------------------------------- Bouna Tabora --Research of Case Law Case Law or Judicial decisions - are official interpretations or manifestation of law made by persons and agencies of the government performing judicial and quasi-judicial functions. - aggregate of reported cases as forming a body of jurisprudence; or for the law of a particular subject as evidenced or formed by the adjudged cases ; in distinction to statutes and other sources of law. (Blacks law Dictionary) Courts established by The Judiciary Act of 1980 (Batas Pambansa Bldg.129) Court of Appeals Regional Trial Courts divided into different judicial regions Metropolitan Trial Court Municipal Trial Court in Cities Municipal Trial Courts Municipal Circuit Trial Courts. The Shariah (Shariaa) Circuit and District Courts (Presidential Decree No. 1083), Court of Tax Appeals (Republic Act No. 1125) and the Sandiganbayan (Presidential Decree Nos. 1486 and 1606), sec. 4, Art XI of the 1987 Constitution were created by separate laws. Judicial Decisions - Provide the second important set of rules, which have the force and effect of law consisting of those legal principles emanating from the decisions of courts of justice. Conventional decisions are decisions or rulings made by regularly constituted court of justice. Subordinate decisions are those made by administrative agencies performing quasi-judicial functions. Subordinate decisions on the other hand are those decisions made in accordance with law, by administrative and legislative tribunals. The Judicial Reform Program aims to address one major problem in conducting research on case law and also those from statute law. The Supreme Court E-Library is the first online library of complete Philippine legal information that is recently developed for speedy delivery of justice. It caters the entire Judiciary - the Supreme Court, Court of Appeals, Sandiganbayan, Court of Tax Appeals, Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts and Sharia'a Courts. (Where you will find the decisions of the Supreme Court, Court of Appeals, Sandiganban and the Court of Tax Appeals ) Reporters Office of the Supreme Court and the Court of Appeals keeps all the original and complete copies of the court decisions. For the rest of the members of the Judiciary or the quasi-judicial agencies, copies of their decisions may be taken from the Legal Office, Office of the Clerks of Court or their libraries. Supreme Court Decisions Decisions of the Supreme Court bind the lower courts and are a source of law, the law of the land. It is the judgment of this court which determines whether a law is constitutional or not. Unconstitutional laws even though it is signed by the President and passed by both house of congress cannot take effect in the Philippines. Decisions of the Supreme Court are classified as follows: "Regular decisions" and extended Resolutions are published in court reports either in primary or secondary sources. These decisions provide the justice who penned the decision or ponente and the other justices responsible for promulgating the decision, whether En Banc or by Division. Separate dissenting and/or concurring opinions are likewise published with the main decision

Unsigned Minute Resolutions are not published. Although they bear the same force and effect as the regular decisions or extended resolutions, they are signed and issued by the respective Clerks of Court En Banc or by either of the three (3) Divisions. Since these Minutes Resolutions are not published, the Supreme Court has now incorporated these Minute Resolutions, more particularly those that resolve a motion for reconsideration or those that explain or affirm a decision; and (2) Administrative Matters in the Supreme Court E-Library, under RESOLUTIONS.

Case Reports in the Philippines Philippine Reports Supreme Court Reports Annotated (SCRA) Supreme Court Advance Decisions (SCAD) (Bound volumes which generally cover a month per volume) Official Gazette and Philippine Reports are the official repositories of decisions and extended resolutions of the Supreme Court. Official Gazette: electively publishes Supreme Court decisions. Philippine Reports: contains all decisions of the Supreme Court except minute resolutions.

How can we search for Supreme Court decisions manually? Topic or Subject Approach: (Please See Complete title of the publication from the Philippine Legal Bibliography chapter) Philippine Digest Republic of the Philippine Digest Velayo's digest Magsino's Compendium Supreme Court's unpublished Subject Index Martinez's Summary of Supreme Court rulings 1984 to 1997 UP Law Center's Supreme Court decisions: subject index and digest's SC's Case Digest's Philippine Law and Jurisprudence Castigadors Citations SCRA Quick Index Digest Lex Libris Jurisprudence Title Approach or Title of the Approach: (Please See Complete title of the publication from the Philippine Legal Bibliography chapter) Philippine Digest - Case Index Republic of the Philippines Digest Ong, M. Title Index to SC decisions 1946-1978 2v.; 1978-1981 1st Suppl; 1981-1985, 2nd Suppl; 1986 to present is unpublished but available at the SC Lib Ateneo's Index & Aquirre's Index Lex Libris Jurisprudence/Template search

Court of Appeals decisions Decisions of the Court of Appeals are merely persuasive on lower courts. They are cited in cases where there are no Supreme Court decisions in point. In this regard, they are considered as judicial guides to lower courts and that conclusion or pronouncement they make can be raised as a doctrine. Sources of Court of Appeals decisions are: Text: Court of Appeals decisions are now being complete online starting from the latest to 1936. Official Gazette (selective publication)

Court of Appeals Reports which was published by the Court of Appeals until 1980. Even this publication is not a complete compilation. It is still considered selective for not all CA decisions are published. Court of Appeals Reports (CAR) by Central Book Supply. One volume was published Philippine Law and Jurisprudence Reports Office of the Court of Appeals Subject or Topic Approach: Velayo's Digest; Moreno's Philippine Law dictionary Decisions of Special Courts Sandiganbayan and the Court of Tax Appeals do not have published decisions. Sandiganbayan has only one volume published; Sandiganbayan Reports vol. 1 covers decisions promulgated from December 1979 to 1980. Sandiganbayan decisions are now being complete online starting from the latest to its first decision. Court of Tax Appeals decisions from 1980 to 2004 are found in the Lex Libris particularly in Taxation CD ROM, are now being complete online starting from the latest to its first decision... Decisions of Administrative Agencies, Commissions and Boards Laws have been promulgated which grants some administrative agencies to performquasi-judicial functions. These functions are distinct from their regular administrative or regulatory functions where rules and regulations are promulgated. National Labor Relations Commission (NLRC) Insurance Commission, Housing and Land Use Regulatory Board (HLURB), Government Service Insurance System (GSIS) Social Security System (SSS) and even the Civil Service Commission (CSC). Some of their decisions are published in the Official Gazette. Some have their own publication such as the SEC and the CSC or some include them in their own websites CD Asia Technologies Lex Libris series has individual CD ROMs for the Department of Justice, Securities and Exchange Commission, Bangko Sentral ng Pilipinas (Central Bank of the Philippines), and the Bureau of Internal Revenue. Included in these individual CD ROMs are the pertinent laws, their respective issuances as well as Supreme Court decisions. It CD ROM on Labor (vol. VII) incorporated issuances from the Department of Labor and Employment and its affiliated agencies and offices. The Trade, Commerce and Industry CD ROM includes Supreme Court decisions, laws and issuances of its various agencies such as the Department of Trade and Industry, Board of Investments, Bureau of Customs, Bangko Sentral and the Philippine Stock Exchange.

------------------------------------------------------------------------------------------------------------------------ Mike Abajon --Who regulates admission to the legal profession? According to Article VIII, Section 5, of the 1987 Constitution: The Supreme Court shall have the following powers: (5) Promulgate rules concerning x x x the admission to the practice of law, the integrated bar Under what rules is the admission to the practice of law and the bar provided? Admission to the practice of law and the bar is provided under Rule 138 of the Rules of Court. Rule 138 is composed of 37 sections, but Sections 1 to 19 cover all those relating to the bar exams, eligibility to take the take the said exam, and the signing to the roll of attorneys if you pass the bar. The rest of the sections are about the duties of an attorney, attorney s fees, suspension, and removal. What are the requirements to qualify as applicant for the bar exams? At least 21 years old Citizen of the Philippines Resident of the Philippines

Of good moral character (must produce satisfactory evidence of good moral character, and that no charges against him, involving moral turpitude, have been filed or are pending in any court in the Philippines). That you studied law for four years successfully completed all prescribed courses That before you began studying law, you satisfactorily completed the course of study prescribed for a bachelor's degree in arts or sciences What happens when I fail the bar? The Supreme Court, in Bar Matter No. 1161 (Re; Proposed Reforms in the Bar Examinations), provides that when a candidate fails three times in the bar examination, he is required to complete a one-year refresher course before taking his fourth examination and fifth examination. What is the Integrated Bar of the Philippines? The Integrated Bar of the Philippines or the IBP is the official organization for the legal profession established by virtue of Republic Act No. 6397. It is composed of only three sections and the last section is already the effectivity clause. The fundamental purpose of the IBP is to elevate the standards of the legal profession, improve the administration of justice, and enable the Bar to discharge its public responsibility more effectively. Remember that lawyers are officers of the court. The Supreme Court also ordained the integration of bar under Rule 139 -A. Why is the Philippine Bar integrated? In January 9, 1973, the Supreme Court said In the Matter of the Integration of the Bar of the Philippines What government agency or instrumentality regulates legal education in the Philippines? The Legal Education Board, created under RA 7662 (Legal Education Reform Act of 1993), regulates legal education in the Philippines. The Board has the following powers and functions: - to administer the legal education system in the country in a manner consistent with the provisions of this Act; - to supervise the law schools in the country, consistent with its powers and functions as herein enumerated; - to set the standards of accreditation for law schools taking into account, among others, the size of enrollment, the qualifications of the members of the faculty, the library and other facilities, without encroaching upon the academic freedom of institutions of higher learning; - to accredit law schools that meet the standards of accreditation; - to prescribe minimum standards for law admission and minimum qualifications and compensation of faculty members; - to prescribe the basic curricula for the course of study aligned to the requirements for admission to the Bar, law practice and social consciousness, and such other courses of study as may be prescribed by the law schools and colleges under the different levels of accreditation status; - to establish a law practice internship as a requirement for taking the Bar which a law student shall undergo with any duly accredited private or public law office or firm or legal assistance group anytime during the law course for a specific period that the Board may decide, but not to exceed a total of twelve (12) months. For this purpose, the Board shall prescribe the necessary guidelines for such accreditation and the specifications of such internship which shall include the actual work of a new member of the Bar. - to adopt a system of continuing legal education. For this purpose, the Board may provide for the mandatory attendance of practicing lawyers in such courses and for such duration as the Board may deem necessary; and - to perform such other functions and prescribe such rules and regulations necessary for the attainment of the policies and objectives of this Act. What is the MCLE? MCLE stands for Mandatory Continuing Legal Education. It is a requirement for IBP members of good standing/lawyers to complete, every three years, at least thirty-six hours of continuing legal education seminars approved by the Mandatory Continuing Legal Education Committee (MCLE). Members who fail to comply shall pay a non-compliance fee, and shall be listed as a delinquent member ADDITIONAL QUESTIONS May typewriters be used during the bar exams?

Yes. Under Section 10 of Rule 138, upon verified application made by an examinee stating that his penmanship is so poor that it will be difficult to read his answers without much loss of time, the Supreme Court may allow such examinee to use a typewriter in answering the questions. Only noiseless typewriters shall be allowed to be used. Is membership to the IBP compulsory for all lawyers? Yes. In January 9, 1973, the Supreme Court said In the Matter of the Integration of the Bar of the Philippines to compel a lawyer to be a member of an integrated Bar is not violative of his constitutional freedom to associate (or the corollary right not to associate). Integration does not make a lawyer a member of any group of which he is not already a member. He became a member of the Bar when he passed the Bar examinations. All that integration actually does is to provide an official national organization for the well-defined but unorganized and incohesive group of which every lawyer is already a member. In the case In Re: Marcial Edillon, the same was upheld.

----------------------------------------------------------------------------------------------------------------------- Myk Gamora - -Legal Education The education of individuals who intend to become legal professionals or those who simply intend to use their law degree to some end, either related to law (such as politics or academic) or business. Legal Education in the Philippines The University of Santo Tomas (UST) first to offer first Legal Education course in the Philippines 1733 Legal education in the Philippines normally proceeds along the following route: Undergraduate education (4-5 years) Law school ( 4-5 years) Bachelor of Laws (Ll.B) Juris Doctor (JD) Juris DoctorMaster of Business Administration (JD-MBA) Admission to the bar (by taking a Philippine bar exam) Legal practice and Mandatory Continuing Legal Education (MCLE) Graduate law degrees Master of Laws (LL.M.) Doctor of Civil Law Doctor of Jurisprudential Science (S.J.D. or J.S.D.) Regulatory: Judicial and Bar Council - Legal Education Board (Supervisor) The Supreme Court (regulates admission to the Bar and administers the Bar Examinations) School that offers Legal Education (to name a few) Arellano University Law Foundation Ateneo de Manila Law School Far Eastern University San Beda College of Law University of the Philippines College of Law Association/Affiliation: Integrated Bar of the Philippines (IBP) Other Bar Association Philippine Bar Association Philippine Lawyers Association Trial Lawyers Association of the Philippines Vanguard of the Philippine Constitution The Philippine Constitution Association (PHILCONSA)

All Asia Association Catholic Lawyers Guild of the Philippines Society of International Law Women Lawyers Circle (WILOCI) Women Lawyers Association of the Philippines (WLAP), ASEAN Law Association LAWASIA

------------------------------------------------------------------------------------------------------------------------- Jonna Jabal --Philippine Legal Resources Electronic Sources Philippine On-Line Sources I. Government Sources a. Supreme Court E-Library (http:elibrary.judiciary.gov.ph) - aims to be the primary research tool in the speedy delivery of justice - will serve the entire judiciary- Supreme Court, Court of Appeals,, Sandiganbayan, Court of Tax Appeals, and the lower courts - includes all sources of law and Philippine legal materials digitized from primary sources as reflected in its directory: 1. Laws all statutes from 1901 to present 2. Jurisprudence Decisions of the Supreme Court from 1901 to date 3. Court Issuances divided into the following: a. Rules of Court contains the Rules of Court from 1918 to the present b. Administrative Matters c. Circulars and Orders of the Supreme Court and the Office of the Court Administrator (OCA) 4. Executive Issuances contains rules and regulations issued by the President such as: a. Executive Orders b. Administrative Orders c. Memorandum Orders/ Memorandum Circular d. Proclamations 5. National Administrative Register contains regulations of government agencies 6. Reference This section is classified as follows: a. Benchbooks b. Catalogue of Books of the Supreme Court and 78 Court Libraries throughout the Philippines c. Index of the Philippine Periodicals found in the Supreme Court Library d. Journals Publication of the Court e.g. Court Systems Journal, PHILJA Journal e. Philippine Law Journal f. Manual of Clerks of Court 2 vols. 7. Memorabilia devoted to retired Justices of the Supreme Court - contains the picture, brief biography, decisions, and available articles and speeches of each Justice - The List is a brief tabular presentation of the Justices arranged alphabetically (place of birth, school, date appointed and retired [died] and the President who appointed them). 8. Databases of the Appellate Courts - namely: Court of Appeals, Sandiganbayan and the Court of Tax Appeals. b. Official Gazette Online www.gov.ph II. Law Offices Chan Robles Law Firm Virtual Law Library Jaromay, Laurente Law Office On Line Library III. Law Schools Arellano Law Foundation (www.lawphil.net)

IV. Commercial Sources By Subscription Online: eSCRA (http://central.com.ph/central-books/) www.cdasiaonline.com for Laws and Jurisprudence. Subscription can be made for bothe Laws and Jurisprudence or individually. Law Juan Laws Law Juan Constitution and Rules of Court are offered for free

-------------------------------------------------------------------------------------------------------------------- Angelito Tactay --CD-ROMS A. !e- library! A century & 4 years of Philippine Supreme Court Decisions 1901 April 2004. Research & Development, Agoo Computer College, Agoo, La Union. B. SC E-Library - Contains decisions of the Supreme Court from 1996 to present and distributed to all the courts in the Philippines. The e-library is updated quarterly. C. CD Asia Technologies Inc. Lex libris is a comprehensive and up-to-date source of legal research CD-ROM. The LEX LIBRIS series of legal publications on CD-ROM currently has eleven volumes. Vol. 1 LAWS. The most extensive compilation of official Philippines laws on CD ROM. Featured in this publication are full-text versions of the Philippines Constitutions, Republic Acts, Mga Batas Pambansa, Presidential Decrees, Executives Orders, Presidential Proclamations and Letters and Instructions. Vol.2 TAXATION. The most comprehensive reference on which contains the rulings, opinions, memoranda, circulars, VAT rulings and official acts of the Bureau of Internal Revenue, as well as international tax treaties and local tax ordinance. Also included here are related laws, decisions of the Supreme Court, Court of Appeals and Court of Tax Appeals, as well as executive issuances. Vol.3 JURISPRUDENCE (The Supreme Court Reports). The decisions of the Supreme Court from 1901. Patterned after the Philippine Reports it also contains the text of available case syllabi and synopses. Vol.4 DEPARTMENT OF JUSTICE. Complete collection of the Opinions of the Secretary from 1939 to present. Vol.5 LOCAL AUTONOMY AND LOCAL GOVERNMENT. A compilation of laws, and jurisprudence, policy issuances on local autonomy and local government. Vol.6 ENVIRONMENT AND NATURAL RESOURCES. Most comprehensive collection of laws and jurisprudence on the subject including policy issuances and decisions, permits and licenses and tenurial instruments gathered from the Department of Environment and Natural Resources (DENR) and its attached agencies. Vol.7 LABOR AND SOCIAL LEGISLATION. Contains related laws, jurisprudence and issuances from the Department of Labor and Employment (DOLE) and related agencies. Vol.8 ELECTIONS. Contains election related laws and jurisprudence and resolutions and issuances of the Commission on elections. Also included are decisions, Implementing rules and regulations of Electoral Tribunals. Similarly featured is a list of Philippines municipalities, barangays and election precincts. Vol.9 TRADE COMMERCE AND INDUSTRY. Most comprehensive collection of references on Trade, Banking and Finance, Capital Markets, Insurance and Intellectual Property. Contains a compilation of pertinent Supreme Court decisions, laws, issuances of various agencies such as the Department of Trade and Industry, Board of Investment, Department of Finance, Bureau of Customs, Bangko Sentral ng Pilipinas, Philippines Stock Exchange and other related government agencies.

Vol. 10 SECURITIES AND EXCHANGE COMMISSION. Contains compilations of Opinions, En Banc, SICD abd PEC decisions, orders, rules and regulations, circulars and memoranda of the SEC. Also included are related laws and jurisprudence. Vol.11 FAMILY LAW (Persons and Family Relations). Compilation of references on persons and family relations including related laws, jurisprudence, international treaties and agreements and issuances and publications of the National Commission on the Role of the Filipino Women (NCRFW)

-------------------------------------------------------------------------------------------------------------------------- Roel Carlos --PHILIPPINE LEGAL PUBLISHERS I. INSTITUTIONAL PUBLISHERS NATIONAL PRINTING OFFICES HISTORY The National Printing Office, formerly Bureau of Printing and later renamed Government Printing Office sometime in 1972, was created as the Bureau of Public Printing on November 7, 1901 by Philippine Commission Act No. 296. Place under the Department of Public Instruction, its main function was to undertake and execute all printing requirements of the government. The Bureau went into actual operation on Dec 15, 1901 and the first book printed by the Bureau was the Economic Geography by Hugo A. Miller. The head of the Bureau of the Public Printing was called Public Printer but on November 1, 1905, by authority of the Philippine Commission Act No. 1417, it was changed to Director of Printing. The first to hold this position was John Sylvannus Leech who administered the Bureau by combining business with a training school in the printing art. In the early part of 1921, the first Filipino craftsmen trained by Leech took over the administration of the Bureau. On July 18, 1921, Mr. Pablo Lucas was appointed as the first Filipino Director. On July 25, 1987, under the Revolutionary Constitution of then President Corazon C. Aquino, the Government Printing Office was merged with the printing unit of the Philippine Information Agency and was later placed under the Office of the Press Secretary. The former Director Lucita C. Sanchez came to the Office, she brought the idea of searching for a government site for NPO. She exerted her best efforts to make a negotiation with the NHA and was successful to locate a 10,000 sq. m. lot along the corner of EDSA and NIA North Side Road, Diliman, Quezon City. MANDATE - Per Executive Order No. 285 dated July 25, 1987; and as amended by E.O 378 the National Printing Office (NPO) is mandated to continue to provide printing services to government agencies and instrumentalities as mandated by law. However it shall no longer enjoy exclusive jurisdiction over the printing services requirements of the government over standard forms; provided that the printing of accountable forms and sensitive high quality / volume printing requirements shall only be undertaken by recognized government printers which include the National Printing Office. It shall also continue to provide printing of Official Ballots and Election Paraphernalia which could be shared with Banko Sentral ng Pilipinas, upon the discretion of the Commission on Election consistent with the provision of the Election Code of 1987. The Office may also accept other government printing jobs, including government Publications, but not in an exclusive basis. The Office will also undertake the printing need of the Presidential Communications Operations Office and the Office of the President. MISSION - To modernize and develop ways to improve the quality of printing through modernization of printing facilities, upgrading printing equipment and updating work design and manpower capabilities. - To formulate pricing that is commensurate to the high standard of quality and service that we provide.

- To support the information dissemination programs of government agencies by providing their printing needs. - To satisfy the demand for and provide fast distribution of standard and accountable forms to our clients; and - To efficiently safeguard the security and sanctity of the Bureaus mandated functions. OBJECTIVES In compliance with the mandated functions our goals and objectives are: - To provide efficiently all the printing need of government standard and accountable forms of our requisitioner from both local and national government offices as well as government-owned and controlled corporations. - To help the development programs of the national government through communication campaign materials - To support the printing needs of the Office of the President.

SUPREME COURT OF THE PHILIPPINES The SC E-Library, part of the Judicial Reform Support Project (JRSP) of the Supreme Court was conceived on April 2, 2004 when Justice Antonio T. Carpio volunteered to be the Chairperson of the Library and Printing Committee. The Library and Printing Committee was subsequently merged with the Committee on Computerization, chaired by Justice Carpio and was called as Committee on Computerization and Library (CCL). The CD version containing decisions of the Supreme Court from 1996 to September 2004 was launched during the Philippine Judges Convention in Iloilo City in October 2004. The E-Library on-line version was launched on November 19, 2004 at the Pan Pacific Hotel. On June 1, 2012, Senior Associate Justice Antonio T. Carpio directed the uploading into the E-Library the Decisions of the Supreme Court from 1901 to present and All Laws - Acts, Commonwealth Acts, Presidential Decrees, Batas Pambansa and Republic Acts from September 1900 to present. The E-Library is now the website which has the complete compilation of the sources of law, statutes and jurisprudence. In addition, it contains Court issuances from 1973 to present and Treaties 1946-2010 and Executive Issuances and information on the Chief Justices and Associate Justices of the Supreme Court. The E-Library is the primary research tool in the speedy delivery of justice for it "Puts all laws, decisions and rules and regulations in the Judge's fingertips." It serves the entire Judiciary - the Supreme Court, Court of Appeals, Sandiganbayan, Court of Tax Appeals, Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts and Shari'a Courts. It has supported legal education by providing to law schools upon request.

THE UP LAW CENTER The University of the Philippines Law Complex was created by the Board of Regents on December 18, 1989 in response to the need for an integrated system of national and regional legal institution dedicated to teaching, research, training, information and other services. The concept of a law complex has its modest origins in the faculty lecture programs of the UP college of law first conducted in 1962 for the benefit of law practitioners, government lawyers, and law professors. Encouraged by the favorable reactions to this project, the College organized short courses in various field of law. To complement these short courses, research projects were also initiated. These led to the establishment in 1963 of the continuing Legal Education and Research Center of the Philippines in the College of Law. The rich potential of this intellectual enterprise was recognized by the congress of the Philippines which enacted on June 15, 1964 the charter of the UP Law Center, Republic Act No. 3870. The continuing Legal Education and Research Center became the UP Law Center. Through the reorganization plan approved by the Board of Regents in 1989, the UP Law Complex currently consists of the College of Law with a Law Center, which performs the Colleges research and ou treach functions. The Law Center, in turn, is composed of four Institutes created in 1989, namely: Institute of Government and Law Reform Institute of Human Rights

Institute of International Legal Studies Institute for the Administration of Justice

-------------------------------------------------------------------------------------------------------------------------- Jill Tapales --II. COMMERCIAL PUBLISHERS The following are the well-known publishers of legal materials in the Philippines: 1) Anvil publishing Anvil publishing started operations in 1990 . They now have 565 dealers in 60 key cities. They have published multiple bar review companions in civil law, labor laws and many others. Books can be ordered online through their site, www.anvilpublishing.com. Their main office is located in Cacho Hermanos Building, Pines and Union Streets, Mandaluyong City. 2) C&E Publishers C&E was established in 1993 to engage primarily in the business of reprinting and distributing foreign medical and science books. They gradually expanded to other books until they ventured in publishing law books in 2005. They have NCR branches in Dapitan, Quezon City and Regalado. 3) Central Books Supply / Central Professional Books/ Central Lawbook Supply Central bookstore was established in 1945. It is the exclusive publisher and seller of Supreme Court Reports Annotated (SCRA). The publication of SCRA is fron 1901 up to present. They have retail outlets in Quezon City, Morayta Manila, and in Ortigas Center. Their website www.central.com.ph is also an online bookstore. 4) National Bookstore National Bookstore is the largest bookstore in the Philippines. Its variety of books includes textbooks, references, fictional books, etc. It was established during the World War 2. They have a section for Law Materials housing books from different publishers. 5) Rex bookstore Rex bookstore was established in 1950. It is the publisher of Supreme Court Advance Decisions (SCAD). It is Rex Bookstore's latest addition to its collection of legal materials in 1994. Rex has 2 branches in Makati and Recto, and one each in Morayta, Shaw and Cubao. They have a new project, www.rexinteractive.com, where teachers, students, parents and school administrators can access and download materials they need.

---------------------------------------------------------------------------------------------------------------------- Jereme Tuliao --Legal Citation Legal citation is the practice of crediting and referring to authoritative documents and sources. The most common sources of authority cited are court decisions (cases), statutes, regulations, government documents, treaties, and scholarly writing. *Reference: WIKIPEDIA A citation (or cite) in legal terminology is a reference to a specific legal source, such as a constitution, a statute, a reported case, a treatise, or a law review article. A standard citation includes first the volume number, then the title of the source, (usually abbreviated) and lastly, a page or section number. *Reference: hUGH & HAZEL DARLING LAW LIBRARY UCLA SCHOOL OF LAw A reference properly written in "legal citation" strives to do at least three things, within limited space: - Identify the document and document part to which the writer is referring - 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)

- Furnish important additional information about the referenced material and its connection to the writer's 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. The detailed principles of citation can be conceived of as falling into four categories: - 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. - Other Minimum Content Principles: Principles that call for the inclusion in a citation 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. Some of these principles are conditional, that is, they require the inclusion of a particular item under specified circumstances so that the absence of that item from a citation represents that those circumstances do not exist. - Compacting Principles: Principles that reduce the space taken up by the information items included in a citation. - Format Principles: Principles about punctuation, typography, order of items within a citation, and the like. Such principles apply to the optional elements in a citation as well as the mandatory. *Reference: (Introduction to Basic Legal Citation by Peter W. Martin (web site: www.law.cornell.edu/citation) A. Purpose of a Legal Citation. The purpose of a legal citation is to identify the source of a legal rule, th e source of a legal quotation, the source of a courts reasoning, the source of policy, in shortto identify the source of any legal proposition or rationale introduced into a legal argument. B. The Purpose of the Citation Leads to Standardized Parts or Features. These are the Features of a Case Citation. 1. the name of the case (usually the litigants) 2. the volume number of the reporter containing the case 3. the abbreviation for that reporter 4. the page number in that reporter on which the case begins 5. the pinpoint page for specific information in that case 6. the abbreviation for the court that decided the case 7. the year the case was decided Reference: Legal Citations Basics by Prof. D.A. Hughes (web site: users.law.capital.edu/DHughes)

Citations repeatedly used Ibid - Used for successive citation of the same volume and the same page or exactly the same document. Id - More popularly used for successive citations. Used in citing the same citation but has a different page etc. Example 3Id at 500 Supra This is used to identify a citation that has been previously cited whether it be on the same page or the preceding page. Example Ong v. People, Supra at 119 Supra note is used when the citation previously cited is too far. Example 21See note 1, supra *Reference: Legal Research Citations for the Philippines