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6. Legal Research and Bibliography, Aim ISSUE: W.O.N. publication in the Official Gazette is
-In order to provide legal basis for a claim, one must present for required before any law or statute becomes valid and
consideration the authority which must be applied, and which the enforceable.
court is bound to apply.
HELD: Art. 2 of the Civil Code does not preclude the
7. Sources of Law requirement of publication in the Official Gazette,
even if the law itself provides for the date of its
Primary Sources -recorded laws and rules which will effectivity. The clear object of this provision is to give
be enforced by state the general public adequate notice of the various laws
which are to regulate their actions and conduct as
*legislative actions, codes, statutes, judicial decisions, administrative citizens. Without such notice and publication, there
laws (IRR) would be no basis for the application of the maxim
ignoratia legis nominem excusat. It would be the
Secondary Sources -publications that discuss or analyze height of injustive to punish or otherwise burden a
legal doctrine citizen for the transgression of a law which he had no
*treatises, commentaries, encyclopedias, legal writings (Academic notice whatsoever, not even a constructive one.
Journals, IBP Journal & Lawyers Review)
The very first clause of Section 1 of CA 638 reads:
Finding Tools there shall be published in the Official Gazette. The
*SCRA Quick-Index Digest, Phil Juris & Lex Libris word shall therein imposes upon respondent
officials an imperative duty. That duty must be
II. LAWS enforced if the constitutional right of the people to be
informed on matter of public concern is to be given
1. Law, Defined substance and validity.
-A rule of conduct, just and obligatory, promulgated by legitimate
authority for the common observance and benefit The publication of presidential issuances of public
nature or of general applicability is a requirement of
2. Characteristics of Law due process. It is a rule of law that before a person
may be bound by law, he must first be officially and
Rule of conduct specifically informed of its contents. The Court
-guidelines of what to do or not to do declared that presidential issuances of general
Just and obligatory
III. STATUTES Title -gives the general statement of the subject matter
1. Statute, Defined Preamble -states the reason for, or the objects of the
-A written will of the legislature expressed according to the form enactment
necessary to constitute it a law of the state and rendered authentic by
certain prescribed forms and solemnities Enacting Clause -indicates the authority which promulgates the
enactment
2. Classes of Statute Law
Body -contains the subject matter of the statute and
A. The 1987 Constitution shall embrace only one subject
B. Treaties and International Agreements Saving Clause -restricts a repealing act and
preserves existing powers, rights and
Treaty, Defined pending proceedings from the effects
-An agreement between or among states which generally governs of the repeal
their mutual conduct with one another Separability Clause -if for any reason, any section or
provision is held to be
C. Statutes enacted by the Legislature unconstitutional or invoked, the
other section or provision of the law
Statute Proper, Kinds shall not be affected thereby.
Date of effectivity -when the law shall take effect (Article 2
As to nature of the Civil Code)
As to performance -Objective: to unite the legislators who favour any one of the subjects
Permanent -continues in performance until altered or in support of the whole act. VOID
repealed
Temporary -fixed for a specified period Test of sufficiency of title: indicates in broad but CLEAR terms in
nature, scope and consequences of the proposed law and its
As to scope operation
General -applies to persons, entities, things as a class
omitting no one In case of doubt as to the sufficiency of the title, the presumption is in
Special -particular persons, entities, things favour of the validity of the acts
Local -specific, within territorial limits
Others
Prospective -operates after it takes effect Lidasan vs COMELEC
21 SCRA 496
A title which is so uncertain that the average person *SEPARABILITY CLAUSE if so mutually dependent and connected, or
reading it would not be informed of the purpose of intended as a whole, nullity of one part vitiates the rest
the enactment or put on inquiry as to its contents, or
which is misleading, either in referring to or *DATE OF EFFECTIVITY publication in the Official Gazette, condition
indicating one subject where another or different one for their effectivity1, except those interpretative regulations and
is really embraced in the act, or in omitting any those internal in nature
expression or indication of the real subject or scope
of the act, is bad. D. Administrative Rules and Regulations
*PREAMBLE does not create right nor grant any right, not a source of E. Ordinances enacted by the Autonomous Regions
government power, not an essential part of a statute (Whereas)
F. Ordinances enacted by Local Government Units
People vs Echaves
95 SCRA 663 3. Philippine Legislative System
FACTS: Fiscal Ello filed before the lower court 4. When a Bill becomes a Law, Process
separate informations against 16 persons charging
them with squatting penalized by PD 772. The * Proposal to the committee
informations were dismissed on the grounds that (1) * 1st reading (in session, read title, author, synopsis)
entry should be by force, intimidation or threat and * Referred to appropriate committee
not through stealth and strategy as alleged; (2) PD * 2nd reading (debate, interpolation, amendment, finalize)
772 does not apply to the cultivation of a grazing * Endorse to plenary
land. Motion for consideration was likewise denied. * 3rd reading (Vote via Viva Voce or Roll-call, Yeas or Nays)
The phrase and for other purposes in the decree * Second Committee (Repeat steps 2-6)
does not include agricultural purposes because its
preamble does not mention the Secretary of Harmonization of the bill, if necessary:
Agriculture and makes reference to the affluent class.
Hence, the appeal to this Court. * Parallel reading between house and senate
-Bicameral Conference Committee (3rd House of Congress)
HELD: Lower courts decision affirmed. The decree * Enrolled Bill
does not apply to pasture lands because its preamble *signed by Senate President and Speaker of the House
shows that it was intended to apply to squatting in * Submit to President for approval (approve/ veto/ lapse into law)
urban communities or more particularly to illegal ______________________________________________________________________________
constructions in squatting areas made by well-to-do 1 Taada vs. Tuvera, 136 SCRA 27
individuals. The squatting complained of involves
pasture lands in rural areas. On the other hand, it is 5. Civil Law and Common Law System, Distinguished
punished by RA 947 -With respect to laws, the former are written laws at the time it was
RATIONALE: The rule of ejusdem generis does not crafted while the latter are laws handed down by elders through
apply to PD 772 where the intent of decree is memory of men, originally unwritten then codified. In the former,
unmistakable. judges only interpret the laws because the legislature has the
*When referring to judicial matters, a decision is not the same as an NOTE: Supreme Court is not bound by this doctrine because it can
opinion, although the terms are sometimes used interchangeably. A overturn precedents.
decision is the pronouncement of the solution of the court or
judgment in a case, while an opinion is a statement of the reasons for Kinds of Stare Decisis:
its determination made by the court5
1. Vertical Stare Decisis -Duty of lower courts to apply the
4. Parts of a Decision/ Ponencia: decisions of the higher courts to
cases involving the same facts.
(1) Title (indicating the names of the parties) (Obligation)
(2) Syllabus (summary of important points of decision) ______________________________________________________________________________
(3) Portion of the report that carries authority 6 Pedro Joven
______________________________________________________________________________ 7 West's Encyclopedia of American Law, edition 2
8 Civil Code, Paras (2008)
1 Legal-explanations.com 2010
2 Pedro Joven
3 Pedro Joven
4 Hill, 2005
2. Horizontal Stare Decisis -Higher courts must follow its own
5 West's Encyclopedia of American Law, edition 2
precedents (Policy)
(4) Statement of facts -Constitutional Stare Decisis are
(5) Abstracts of briefs of counsels (Arguments) judicial interpretations of the
(6) Opinion of the court Constitution; while, Statutory Stare
(7) Dispositive portion (decision) of the case Decisis are interpretations of
(8) Separate Dissenting or Concurring Opinion of Justices statutes
Chi Ming Tsoi vs. CA (2) Root causes of PI must be: medically or clinically
266 SCRA 324 identified; alleged in the complaint; sufficiently
proven by experts; and clearly explained in the
FACTS: On May 22, 1988, Gina Lao married Chi Ming decision
Tsoi. Since their marriage until their separation on
March 15, 1989, there was no sexual contact between
(5) Must be grave enough to bring about the disability FACTS: Plaintiff Brenda B. Marcos married Wilson
of the party to assume the essential obligations of Marcos in 1982 and they had five children. Alleging
marriage that the husband failed to provide material support
to the family and have resorted to physical abuse and
(6) The essential marital obligations must be those abandonment, Brenda filed a case for the nullity of
embraced by Arts. 68-71 of the Family Code the marriage for psychological incapacity. The RTC
declared the marriage null and void under Article 36
(7) Interpretations given by the National Appellate which was however reversed by the CA.
Matrimonial Tribunal of the Catholic Church in the
Philippines, while not controlling, should be given ISSUES:
great respect by our courts 1) Whether personal medical or psychological
examination of the respondent by a physician is a
(8) The trial court must order the fiscal and the requirement for a declaration of psychological
Solicitor-General to appear as counsel for the State. incapacity
No decision shall be handed down unless the Solicitor 2) Whether the totality of evidence presented in this
General issues a certification, which will be quoted in case show psychological incapacity.
the decision, briefly stating his reasons for his
agreement or opposition to the petition HELD: Psychological incapacity, as a ground for
declaring the nullity of a marriage, may be
Judgment reversed and set aside. established by the totality of the evidence presented.
There is no requirement, however that the
Hernandez vs. CA respondent should be examined by a physician or a
320 SCRA 76 psychologist as a conditio sine qua non for such
declaration.
FACTS: Lucita Estrella married Mario Hernandez on
Januray 1, 1981 and they begot three children. On Although this Court is sufficiently convinced that
July 10, 1992, Lucita filed before the RTC of Tagaytay respondent failed to provide material support to the
City, a petition for annulment of marriage under family and may have resorted to physical abuse and
Article 36 alleging that from the time of their abandonment, the totality of his acts does not lead to
marriage, Mario failed to perform his obligation to a conclusion of psychological incapacity on his part.
support the family, devoting most of his time There is absolutely no showing that his defects
drinking, had affairs with many women and were already present at the inception of the marriage
cohabiting with another women with whom he had or that they are incurable.
an illegitimate child, and finally abandoning her and
the family. Verily, the behavior of respondent can be attributed
to the fact that he had lost his job and was not
The RTC dismissed the petition which was affirmed gainfully employed for a period of more than six
by the CA. years. It was during this period that he became
intermittently drunk, failed to give material and
ISSUE: Whether there was psychological incapacity moral support, and even left the family home.
under Article 36.
Thus, his alleged psychological illness was traced
HELD: Petitioner failed to establish the fact that at the only to said period and not to the inception of the
time they were married, private respondent was marriage. Equally important, there is no evidence
suffering from psychological defect which in fact showing that his condition is incurable, especially
deprived him of the ability to assume the essential now that he is gainfully employed as a taxi driver.
duties of marriage and its concomitant
responsibilities. As the Court of Appeals pointed out, In sum, this Court cannot declare the dissolution of
no evidence was presented to show that private the marriage for failure of petitioner to show that the
respondent was not cognizant of the basic marital alleged psychological incapacity is characterized by
obligations. It was not sufficiently proved that private gravity, juridical antecedence and incurability
respondent was really incapable of fulfilling his (Santos v. CA, 240 SCRA 20); and for her failure to
duties due to some incapacity of a psychological observe the guidelines as outlined in Republic v. CA
nature, and not merely physical. and Molina, 268 SCRA 198
Private respondents alleged habitual alcoholism,
sexual infidelity or perversion, and abandonment do Republic vs. Dagdag
not by themselves constitute grounds for finding that G.R. No. 109975, February 9, 2001
he is suffering from a psychological incapacity within
the contemplation of the Family Code. It must be FACTS: Plaintiff Erlinda Matias married Avelino
shown that these acts are manifestations of a Dagdag in 1975 and they begot children. A week after
disordered personality which make private the wedding, Avelino would disappear for months.
respondent completely unable to discharge the During the times he was with the family, he indulged
essential obligations of the marital state, and not in drinking sprees with friends and would return
merely due to private respondents youth and self- home drunk. He would likewise inflict physical
conscious feeling of being handsome, as the appellate injuries on her. In 1983, Avelino left the family again
court held. and that was the last they heard from him. Erlinda
Search Materials and Finding Tools: The duty of the legal researcher arises on the third instance where
you have both the facts and the evidences but not the law
1. Citators
-They supply references to decisions in which other cases have been Cases
cited, reviewed, affirmed, reversed, overruled, criticized or -Published reports of dispute which have come before the court
commented upon, and to cases in which statutes have been including the reason for the decision and the decision itself
construed, and to statutes in which prior acts have been amended,
renewed or repealed -Published reports found in the Official Gazette, Philippine Reports,
SCRA, SCANT, etc
-A citator is a finding tool that provides the subsequent history of
reported cases and lists of cases and legislative enactments Case Brief
construing, applying or affecting statutes -Written summary of the abstract of the case, in your own words
3. Arguments According to former Chief Justice Hilario Davide (2005), words are
-Parties, court, discussion of pros and cons the lifeblood of judicial decision or of any other form of writing. When
-Formulation through general proposition from considering facts the right words are used, they serve as gems that give luster to a
(inductive reasoning) message or idea. On the other hand, gobbledygook, legal jargon, or
archaic language is likely to take away the vigor of a message
4. Decision
-Application of the law A language without idiom is like a man who cannot smile
Obiter Dicta (not binding) Legal citation is a standard language that allows one writer to refer
-Proposition or statement not pertinent in deciding the issues in the to legal authorities with sufficient precision and generality that other
case can follow the references
Legal research is the search for authority that can be applied to a CONSTITUTION, Art. VI, Sec. 2
given set of facts and issues. Legal research and analysis involve CONSTITUTION, (1935), Art. III, Sec. 1, par. (3)
determining how the law applies to the facts of the case, which in turn
requires knowledge of what the law is, how to find it, and the general *When the Constitution is no longer in force, enclose the year when it
principles that govern its application (Putman, 2004) took effect in parentheses
Legal citation is the style of crediting and referencing other 2. Constitutional Proceedings: cite the volume in roman numeral,
documents or sources of authority in legal writing (Wikipedia) followed by the word RECORD/JOURNAL, CONSTITUTIONAL
II RECORD, CONSTITUTIONAL COMMISSION 24 (June 24, 1986) People v. De Guzman (Not People v. Guzman)
V. How to cite Statutes, and Similar Materials -cite names of corporations, associations, business firms and
partnerships in full. Words forming part of such names may be
1. Session Laws: cite the law, followed by the year of effectivity in abbreviated, except the first word
parentheses, and the specific article or section
Mata v. Rita Legarda, Inc.
Republic Act No. 4723 (1966), Sec. 2
-cite cases involving the Government of the Philippines and criminal
2. Codes: cite the name of the particular code and specific article or cases as follows:
section (if numbered continuously; or the headings, from general to
specific, followed by the article or section (if not numbered U.S. v. Jaranilla
continuously) Government v. Abadinas
Republic v. Carpin
People v. Santos
CIVIL CODE, Art. 297
CIVIL CODE (1889), Art. 67
ADMINISTRATIVE CODE, Book IV, Title 1, Chapter 9, Sec. 29 -cite cases involving public officers as follows:
*When the code is no longer in force, enclose the year of effectivity in Gonzales v. Hechanova (Not Gonzales v. Executive Secretary)
parentheses after the name of the code
-cite local government units by their level, followed by their official
3. Legislative Proceedings: cite the volume in roman numeral, name
followed by the word RECORD/JOURNAL, HOUSE/ SENATE, the
Province of Rizal v. RTC
specific Congress, the session number, the page number, and the date
of deliberation in parentheses
-cite case names beginning with procedural terms like In re. as they
II RECORD, HOUSE 6TH CONGRESS 1ST SESSION 24 (June 24, 1966)
appear in the decisions. Use In re instead of In the matter of
In re Elpidio Z. Magsaysay
VI. How to cite Administrative Materials and Regulations
-in consolidated cases, cite only the first case
1. Treaties: name of the treaty or agreement, the date of signing, the
parties, the subdivisions referred to (if applicable), and the source In Mabuhay Textile Mills Corp v. Minister Ongpin, 1 the court held that xxx
Treaty of Friendship with India, July 11, 1952 (1953), II-2 ___________________
1 225 Phil. 383 (1986)
B. Presidential Acts under Martial Law *In multiple cases, start with the latest to the earliest
C. Other Executive Issuances RULES OF COURT, Rule 130, Sec. 2, par. (b)
Secretary of Justice Opinion No. 271, s. 1982 3. ROLLO & Other Court Records
D. Cite Rules and Regulations: abbreviated name of the agency A. Rollo. Capitalize the word rollo only at the beginning of a citation
together with the designation employed in the rules, serial number, or a sentence
year of promulgation in parentheses, and the section or paragraph
Rollo, p. 21
Labor Employment Service Regulation No. 3 (1966) CA rollo, pp. 109-122
Sandiganbayan rollo, p. 9
E. Cite provincial, city, and municipal ordinances: name of the local CTA rollo, p. 10
government unit, serial number of ordinance, and date of adoption -If there are two or more volumes:
Rollo, Vol. 3, p. 21
Manila Ordinance 6120, January 26, 1967
-In consolidated cases:
VII. How to cite Court Decisions
Rollo (G.R. No. 123456), p. 21
1. Decisions and Resolutions
-In consolidated cases:
A. Case Title: surname of the opposing parties first mentioned
B. Records:
B. Exceptions
-cite Islamic and Chinese names in full Records, pp. 210-214
MTC records, p. 123
Lim Sian Tek v. Ladislao (Not Lim v. Ladislao)
Exhibit .A,. p. 21
3. Introductory Signals
E. Order of Signals