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LEGAL RESEARCH

Atty. Joeven D. Dellosa

EXERCISE No. 1. REPOSITORIES OF LEGAL INFORMATION1


(Due on 20 June 2013 during class time)
I. Getting acquainted with the library and the law books.
The library is the storehouse of information, a supermarket of recorded
knowledge, a smorgasboard of intellectual nourishment.
No student, especially a law student, can afford to go through college without
having taken a look into and made use of the school library. Your principal working
tools as a law student and later a lawyer are the law books. Therefore, your first task
as a student of law is to get acquainted with them. Get to know them intimately as
you would your friends. In fact, the law books are your best friends. Know what
book to use and when.
Mr. Justice Felix Frankfurter, in reply to a 12-year old boy who wrote him,
asking him how to start preparing for a law career, gave this advice:No, one can be
a truly competent lawyer unless he is a cultivated man. If I were you, I would forget
all about any technical preparation for the law. The best way to prepare for the law
us to come to the study of the law as a well-read person.
So, your very first activity as a law student, right after you have enrolled and
paid your matriculation fee is to pay a visit to the library. Trial and error method of
discovering the resource of the library is time wasting. Devote your free hours to a
tour of the library.
Know your librarians. Get acquainted with them. Be friendly with them.
Talk to them. Ask them questions about the library rules, about the physical
arrangement of the library. The librarians are well-equipped and eager to answer
any reasonable question you may have about the physical arrangement of the library
and the most efficient means using its resources.

Adapted from Gupit Jr. and Martinez, A Guide to Philippine Legal Materials.
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Examine the main reading room, the reserve book room. Study the alcoves,
reference section, the periodical section. Find out where the desk is located at which
books are charged out for home or classroom use. Observe the arrangement and
placement of book.

Know what books are available in the Library for the subjects you are
enrolled in. As you make a tour of the library, observe closely how the books are
arranged, what books on what subjects are grouped together and where.
Consider the subjects you are now taking this semester. Find out what books
in the library are available for use as references. As a first year student in law, you
are supposed to take the following subjects:

Persons and Family Relations


Philippine Political Law
Criminal Law I
Statutory Construction
Legal Writing
Legal Research

Now, if you will examine the law school catalogue, you will find the Persons
and Family Relations is described as
A basic course on the law of Persons and Family Relations (Chapter 1
and Chapters 1-3, Book I of R.A. 386; E.O. 209 as amended by E.0. 227, R.A.
6809). This course studies the effect and application of laws and the law on
human relations and then proceeds to examine the legal norms affecting civil
personality, marriage, property relations between husband and wife, legal
separation, the different property regimes, family, paternity and filiation,
adoption, guardianship, support, parental authority, surname, funeral,
absence and emancipation of minors, including the rules of procedure
relative to the foregoing. Also included are the different statutes and rules on
adoption.
With the course description as a guide, go through the shelves and see what
books you can use as reference. The course description says that the course is based
on the New Civil Code of the Philippines and the pertinent provisions of
Presidential Decree No. 603. Look for these two laws in the shelves. You will
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discover that books relating to Civil Law are grouped together. Aside from these
two laws are there commentaries, treaties, or textbooks written on the subject?
You will perhaps find a book authored by Prof. Arturo Tolentino on Civil
Law, and find that his annotations on the Civil Code consists of several volumes. In
what volume can you find the topics mentioned in the course description? Are there
other textbooks or commentaries on the civil law written by other authors?
Pull out all the books you can find in the shelves dealing on Persons and
Family Relations. Examine the physical appearance of the books. Take note of the
binding. Is it paper bound or cloth bound? What kind of paper is used: book paper,
glossy, flat, newsprint, or mimeograph paper? How many pages does each volume
contain?
How many volumes does each book consist of? How many copies of each
book are there in the library?
What is the exact title of the book? What is the name o the author or authors?
Usually, below the name of the author is written his qualifications or positions held.
What is the edition of the book? Who published the book? Are there previous
edition? Is this the latest edition? What is the publishers or printers address?
These informations you will find on the title page of the book.
Now read the preface. The preface usually tells you in capsule form what the
book is all about, why the author wrote the book, what inspired him to write it, for
whom he is writing the book, why he is using a particular style of writing or
presentation of the subject. You will discover that each author has his own way of
presenting his ideas. Some books are easier to understand than others, just as some
foods are easier to digest than others.
Next, examine the table of contents. Run your fingers down the table and
take note of the topics outlined therein. Compare the table of contents of the books
you have on hand.
Most books have an index at the back, usually a word index. The index
facilitates the location of topics discussed in the book.
After you have gone through the foregoing exercises, you will now prepare
an annotated bibliography of three (3) textbooks (by different authors) in each of
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the following courses: Persons and Family Relations, Political / Constitutional


Law, and Criminal Law I.

II. Getting to know the Philippine Reports.


A. Get volume 1 of the Philippine Reports.
1. On the spine of the book is printed the binders title. What data are found
on the binders title?
2. What do the numbers 1901-1903 signify?
3. Go to the Title page. According to the title page, what cases are reported
in the Philippine Reports?
4. Where was the Philippine Reports printed?
5. Who printed the Philippine Reports?
6. When was volume I printed?
7. Who were the incumbent members of the Supreme Court when Volume I
was printed?
8. Who was the Chief Justice?
9. Who was the Attorney-General?
10. Who was the Solicitor-General?
11. Who was the reporter?
12. What is the duty of the reporter (Secs. 21 and 22, Judiciary Act)?
13. According to Sec. 23 of the Judiciary Act, what is the general make-up of
the Philippine Reports?
14. Does Volume I conform to the requirements of the law?
15. What are listed in the table of Reported Cases?
16. What are listed in the table of Cases cited?
17. What are listed in the table of References?
18. Does volume I have a subject index?
19. Examine the other volumes. Do they have a subject index?
20. Is the volume you are examining one that was originally printed by the
Bureau of Printing, or was it reprinted by a private printer? If reprinted,
who reprint it? What is the address of the one who reprinted it?
B. Go to page 1 of Volume I of the Philippine Reports.
1. Give the name of the case on this page. State the complete title.
2. What is the date of the decision? e.i., its promulgation?
3. What is its docket number?
4. How many syllabi are there in this decision?
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5. What key-words or catch words are used in the headnotes of the first
syllabus?
6. What does the abbreviation ID found in the second syllabus signify?
7. Where did the case you are examining originate?
8. Who was the lawyer for the appellant?
9. Who represented the respondent?
10. Who wrote the decision?
11. What does the letter J after the name of the Justice signify?
12. How did the case reach the Supreme Court?
13. On what page did the opinion of the decision end?
14. Name the justices who concurred or agreed with the writer or ponente of
the decision.
15. Name the justice or justices if any who did not take part?
16. Name the justice or justices if any who dissented?
17. What was the final outcome of the case?
18. In the main opinion, find the portion of the decision summarized in the
first syllabus. On what page do you find it?
19. Quote or copy from the main opinion summarized the portion summarized
in the first syllabus.
20. Find the portion of the decision summarized the second syllabus. On what
page do you find it?
21. Quote or copy from the main opinion the portion summarized in the
second syllabus.
22. Give the citation of the case you are examining.
C. Go to the table of Cases Reported
1. Look for the case of Luis R, Yangco v. William Rohde. On what page will
you find the case?
2. How many times is the case of Luis R, Yangco v. William Rohde listed in
the table of Cases Reported?
3. How was it listed the first time?
4. How was it listed the second time?
D. Now, got to page 404 of Volume I of the Philippine Reports.
1. Answer again questions 1 to 22 found under B, as such questions relate to
the case found on page 404 of Volume I.
2. List down all the cases, laws, and authorities cited in Yangco v. Rohde.
E. Go to the table of Cases Cited.
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1. See if the cases cited in Luis R. Yangco v. William Rohde which you listed
down in answer to Q. D(1) are listed in the table of cases cited.
2. Look for the case of U.S. v. Villamor (1 Phil. 345) in the table of cases
cited. Go to the pages indicate. In what cases is U.S. v. Villamor cited?
3. Write down the correct citation of the cases which cited U.S. v. Villamor.
F. Go to table of References
1. See if the laws, rules, circulars cited in Yangco v. Rohde are listed in the
table of References.
2. See if Art. 9 of the Penal Code is cited or referred to in the cases include in
volume I. If so, go the pages indicated in the table of References. Give
the citation of the cases where Article 9 of the Penal Code has been cited.
3. Quote or copy the particular ruling to which Art. 9 of the Penal Code was
applied and give the citation of the case.

III. Getting to know the SCRA.


A. Get Volume I of the Supreme Court Reports Annotated. Examine the first few
pages of the volume.
1. Who compiled and annotated the cases or reports contained in the SCRA?
2. What cases are included in Volume I of the SCRA? Give the dates of the
first case and the last case included in Volume I.
3. Give the complete titles of the first case and of the last case included in
Volume I.
4. Who is the publisher of the SCRA?
5. Who is the distributor of the SCRA?
6. What is the address of the Publisher?
7. What is the address of the distributor?
8. Who were the incumbent members of the Supreme Court when Volume I
of the SCRA was published?
9. Who was the incumbent Solicitor General?
10. Who was the incumbent Clerk of Court of the Supreme Court?
11. Who were the three deputy clerks of court?
12. Who wrote the preface of the SCRA?
13. What did the writer of the preface say about the SCRA?
14. Who wrote the foreword of the SCRA?
15. What did the writer of the foreword say about the Supreme Court
Decisions and about the SCRA?
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16. Considering that the Supreme Court publishes its own official report, the
Philippine Reports, is there a need for the publication by private entities of
Supreme Court Reports or decisions? Why?

B. Go to page 478 of Volume I of the SCRA.


1. What is the name of the case on this page? Give the complete title.
2. When was it promulgated, i.e. what is the date of the decision?
3. What is its docket number?
4. How many syllabi are there in this decision?
5. What are the key-words or catch words used in the heading of the first
syllabus?
6. What does the word same found in the second syllabus refer to? i.e, what is
the antecedent of the word same?
7. To the main opinion and find the portion of the decision summarized in the
first syllabus. On what page do you find it?
8. On what page does the main opinion begin?
9. From what court did the case originate?
10. How did the case reach the Supreme Court?
11. Name the lawyer who appeared for the plaintiff.
12. Name the lawyer who appeared for the defendant?
13. Who wrote the decision?
14. On what page does the main opinion end?
15. Name the justices who concurred or agreed with the writer or ponente of the
decision?
16. Is there any dissenting opinion? If so, who wrote it>
17. Where does the dissenting opinion begin?
18. On what page does it end?
19. What is the final outcome of the case?
20. Give the full citation of the case you are examining.
C. Go to table of Cases Reported.
1. In this alphabetical table, look for the opinion you are examining.
2. How many times is the opinion listed in the table?
3. In the first listing, which comes first, the name of the plaintiff or the name
of the defendant?

4. In the second listing, which comes first, the name of the plaintiff or the
name of the defendant?

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