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Legal Research Lecture Notes

I. Introduction

Definition of Legal Bibliography

The study of contents, descriptions, and histories of law books


including their authoritativeness, authors, publishers, editions, dates of
publication, and copyrights.
The science that deals with the description and history of books
pertaining to law, including details of authorship, editions, dates of
publication, as well as their contents and appearance.
Description and History of Law Books
o Encompasses Knowledge on the characteristics of a law book,
such as its description and history, and provides legal scholars
the proper context and perspective, not only in locating and
identifying legal publications-but also in evaluating the same.
Authorship
o Books may be written by following kinds of author:
Individual/set of individuals
Under auspices of an entity, either public (government
publication), or private
A compilation of various articles contributed by several
individuals, to be edited by a person or group of editors
Edition
o Issues of a law book published once, with subsequent editions.
Permanent Edition: Term for the first edition, published
in expectation of forthcoming supplements.
Philippine Publication: Term for a local publication of an
adaptation of a foreign publication to suit a local regime
May serve to indicate how elaborate or costly the
publication is, e.g. deluxe edition
Publication
o Publisher of the book, as well as the date and place of
publication.
Content
o Substantial features of the book
o Preface, Introduction, Table of Contents, Table of Statutes and
Cases, Table of abbreviation, other tables, graphs, and charts,
etc.
Apperance
o Refers to physical characteristics of a law book

Definition of Legal Research

The inquiry and investigation necessary to be made by legislators,


judges, lawyers, and legal writers in the performance of their
respective legal functions.
Traditionally concerned with the method or system by which the
inquiry and investigation may be successfully accomplished involving
the actual use of law books.
The process of finding the laws, rules, and regulations that govern
activities in human society. It also includes locating both the laws and
rules which are enforced by the state and the commentaries which
explain or analyze these rules.

Legal Bibliography vis--vis Legal Research

The first gives the available books and materials; the other tells how to
locate and use them.
If legal bibliography is the science that deals with the study of the
materials essential to the legal inquiry of the researcher, and legal
research is the method or system of inquiry and investigation involving
the actual use of the law books, then the functional counterpart of
legal bibliography is legal research, the former being a science, the
latter an art.

II. Overview of the Historical Evolution of Philippine Law

The Pre-Spanish Period


Spanish Period
American Period
Japanese Occupation
Philippine Republic
Martial Law Period
EDSA Revolution up to the present

Pre-Spanish Period
o Time before Ferdinand Magellan set foot in Philippine soil in 1521
o Around the Stone Age, intrepid Indonesian and Malay migrants
came in waves to the Philippines and set up barangays in the
rich deltas of the archipelago.
o Each barangay was independent and a self-sustaining political
unit
o Barangay Chief: Datu
o Barangay grouping Chief: Raja
o The early Filipino chiefs made laws in consultation with the
lesser chiefs. Most of the laws were unwritten, handed down by
word of mouth from generation to generation, and evolved into
native customs and traditions. This is customary law.
o Justice System in Barangays:
The datu, assisted by the elders in the community,
presided over the court. Cases were settled through
mediation and generally ended up in a compromise.
If parties could not agree, a public hearing was held.
Spanish Period
o 333 years
o From arrival of Miguel Lopez de Legazpi to establishment first
settlement in Cebu
o Spain ruled the Philippines from Mexico through the Council of
Indies in Spain. The Council exercised executive, legislative, and
judicial powers. The King of Spain, through Royal Decrees,
exercised legislative powers over the colonies. In addition to
these royal decrees and orders, certain laws with general
application were extended to the Philippines
o Royal Audiencia
American Period