Legal Research
- Concerned with the process of providing
information to a query
- Gathering information that would provide
illumination to a pending issue
- It seeks to answer a legal question
- Application of legal knowledge and expertise in and
supported by authoritative sources
Application of Legal Research
- Normally applied and used in the practice of law; it
is also applied in fields outside of the halls of justice
- Examples
o Ordinary businessmen may require legal
research into the ramifications of the
introduction of a new product
o Employers and managers may require legal
research into the propriety of a new office
policy
o Doctors and medical professionals may
require legal research into the consequence
of medical malpractice
o Politicians and legislators may acquire legal
research into the effect of a new law or new
regulatory measure
- Legal research does not involve actual litigation
- Legal research has its uses and application in almost
every field imaginable and is not limited as a
support service to the practice of law
Target Audience
- Legal research is used by anyone who has a legal
question that needs a legal answer
- Legal research is principally used by those in the
legal profession; Legal research is also heavily used
by human resource managers, marketing and sales
managers, employers, law enforcement officers,
medical practitioners, writers and journalists,
Political Structure
Executive
- Applies the law
- Doctrine of Qualified Political Agency
o The President discharges his functions as
chief executive officer and commander in
chief of the country through his Secretaries
who run their respective departments
o The acts of the secretaries of departments
when performed and promulgated in the
regular course of business or unless
disapproved or reprobated or by the Chief
Executive are presumptively the acts of the
Chief Executive
o Secretaries act as alter ego of the President
Legislative
- Make laws and to alter and repeal them
- 2 chambers:
o Senate headed by Senate President
o House of Representatives headed by the
Speaker of the House
- Essential of legislative function: determination of
the legislative policy and its formulation and
promulgation as a defined and binding rule of
conduct
- How does a bill become a law: by undergoing three
readings on separate days and then being approved
by the President
Judiciary
- Interprets the law
- Represented by the Supreme Court
- Can determine the nature, scope and extent of the
powers vested by the Constitution
- Judicial Supremacy
o power of judicial review under the
Constitution
o vested with the power to annul the acts of
either the legislative or the executive or of
both when not conformable to the
fundamental law
- Judicial Power: authority and duty:
o to settle actual controversies involving
rights which are legally demandable and
enforceable
o to determine whether or not there has
been a grave abuse of discretion,
amounting to lack or excess of jurisdiction
on the part of any branch of the
Government
- Requisites of Judicial Review
o An actual and appropriate case and
controversy exists
o A personal and substantial interest of the
party raising the constitutional question
o Exercise of judicial review is pleaded at the
earliest opportunity
o Constitutional question raised is the very lis
mota of the cases
- A justiciable controversy involves a definite and
concrete dispute touching on the legal relations of
the parties having adverse legal interest
Constitutional Commissions
Civil Service Commission
- Human resource agency of the government
- Tasked with the formulation, monitoring and
implementation of quality standards in public
service based on a merit system
- Appointments in the civil service shall be made only
according to merit and fitness to be determined by
competitive examination
o Exemptions:
Policy-determining
Primarily confidential
Highly technical
- Public servants: prohibited from engaging directly
or indirectly in any electioneering or partisan
political campaign
- Mandated by the Constitution to establish a career
service and adopt measures to promote morale,
efficiency, integrity, responsiveness,
progressiveness, and courtesy in the civil service
- Mandated to strengthen the merit and rewards
system to integrate all human resources
development programs for all levels and ranks, and
to institutionalize a management climate conducive
to public accountability
Commission on Election
- Charged by the Constitution to implement and
enforce election-related laws as well as oversee and
conduct the electoral process
- Ensure free, orderly, honest, peaceful and credible
elections and to serve as the guardian of the
peoples sacred right of suffrage
Commission on Audit
- Watchdog on the disbursement and use of public
funds
- Determine whether the government entities comply
with laws and regulations in disbursing government
funds
- Mandated to determine whether government
entities comply with laws and regulations in
disbursing government funds, and to disallow illegal
or irregular disbursements of government funds
- Central auditor of the government
- Has the power to audit non-governmental entities
receiving subsidy from or through the government
Law Schools: good source for legal materials
UP Law Centers
- Where almost all of the materials he needs are
available
- RA 3870: no book, treatise, or other literary work on
law shall be deemed entitled to copyright
protection, unless, in addition to the requirements
therein prescribed, two copies thereof shall have
been previously filed with the UP Law Center
- Government agencies are also obliged to furnish
one copy of each decision, resolution, regulation,
bulletin, or report promulgated or published by
such agencies
o Exception: Interpretative regulations and
those merely internal in nature that is
regulating only the personnel of the
administrative agency and not the public
Government Libraries and Websites
Publishers
The Official Gazette
- Countrys official journal and publication
- Where laws are published before they can be
enforceable
Additional Notes on Cases
In the matter of the charges of plagiarism, etc. against
associate Justice Del Castillo
Passages are much unlike the creative line from
Robert Frost considered of common definitions
and terms, abridged with history of certain
principles of law, and similar frequently repeated
phrases that, in the world of legal literature, already
belonged to the public realm
Re: Letter of UP Law Entitled: Restoring Integrity: A
Statement by the UP College of Law on the Allegations
of a Plagiarism & Misrepresentation in the Supreme
Court
Being singled out: out of all the other who gave
statement, why is that the Supreme Court only
focused on their statement
Freedom of expression: Freedom is not without
limitation
Academic Freedom: free to determine what and
how they teach
o Other stakeholders of Academic Freedom
School
Select who are eligible to
study in their school
Provide rules or standards
on admission and on other
matters
Describe the curriculum
Student
To be allowed to finish their
enrolled course
To be provided with an
environment which is
conducive to studying
Teacher
 How to rate the
performance of their
students
Manner of teaching
Prof Raul Vasquezs compliance satisfactory
Lesson: show cause be courageous enough to
admit that you committed a mistake
o When the SC required you to submit a show
cause, then you are remiss
Ruling: sui generis or one of a kind
Maglucot-Aw vs Maglucot
Obiter: petitioners counsels to the researcher of
the CA
Constitutional Stare decesis
o Flexible because of the changing factual
settings
o Example: In the Molina case, the decision of
the Supreme Court that psychological test is
needed to prove psychological incapacity is
already part of the law when the law was
enacted. But in the Marcos case, the Court
pointed out that the totality of the evidence
should be considered and that psychological
test is not needed.
RP vs CA and Molina
Guidelines in the interpretation and application of Art.
36 of the Family Code
1. Burden of proof to show the nullity of the
marriage: plaintiff. Any doubt should be
resolved in favor of the existence and
continuation of the marriage and against its
dissolution and nullity
2. The root cause of the psychological incapacity
must be
a. Medically or clinically identified
b. Alleged in the complaint
c. Sufficiently proved by experts
d. Clearly explained in the decision
(must be psychological and not physical)
3. The incapacity must be proven to be existing at
the time of the celebration of the marriage.
4. Such incapacity must also be proved to be
medically or clinically permanent or incurable.
5. Such illness must be grave enough to bring
about the disability of the party to assume the
essential obligations of marriage.
6. Essential marital obligations must be those
embraced in the Family Code.
7. Interpretations given by the National Appellate
Matrimonial tribunal of the Catholic Church in
the Philippines should be given great respect by
our courts.
Birthday Cases
1. PP vs Ruben Gatdula Montilla
Facts: Ruben was alleged of transporting marijuana
from Baguio to Cavite. The police apprehended
Ruben with the help of an informant. He argued
that the evidence gathered from him was not
admissible because the police had no search
warrant.
Issue: WON the evidence gathered from him are
admissible given that the police had no search
warrant
Held: Yes. When the police asked him to open his
bag, the accused voluntarily opened his bag. By
voluntarily opening his bag, he voluntarily
submitted himself to a search. Thus, the pieces of
evidence are admissible.
Additional Discussions in class:
Instances when search warrants are not needed:
a. Consented warrantless search: When a person
waives his right for voluntarily submitting
himself or his belongings to a search without a
search warrant
b. Plain view doctrine: allows an officer to seize
evidence, without a warrant, when the
evidence is in plain sight.
c. Search of a moving vehicle: through checkpoints
- Justification: Mobility of motor vehicles makes
it possible for the vehicles to move out of the
locality or jurisdiction in which the warrant
must be sought
Doctrine of Fruit of the Poisonous Tree: Makes
evidence inadmissible in court if it was derived from
evidence that was illegally obtained
2. PP vs Calvo
Facts: Calvo and Longcop allegedly killed Ignacia, an
owner of a bakery in Espana, Manila. They were
charged with robbery with homicide. Upon
investigation, Longcop remained silent while Calvo
was willing to give a statement. Thus, the police
reiterated to him his constitutional rights and
assigned a lawyer. In his statement, Calvo admitted
that he, Longcop, and another Gaspar committed
the crime. Longcop died during the pendency of the
case. Calvo challenged the admissibility of an
extrajudicial statement he gave on the ground that
he was forced to do such confession and the lawyer
assigned to him was not competent.
Issue: WON Calvos extrajudicial confession is
admissible
 Held: Yes. Evidence showed that Calvo was not should also be computed at 1000 pesos per year
forced to do such confession. He was just advised of imprisonment based on maximum penalty
by the lawyer to tell the truth if he committed the imposable for the offense. Since the penalty of
crime. Furthermore, the Court found no the case in consideration based on the RPC is
incompetency on the part of the lawyer assigned to prision correctional to prision mayor, the bail
Calvo. Due process was followed when Calvo made should be 10,000 pesos. Judge Dolalas is
his confession admonished.
Some important points from the case Additional discussion during class:
Requisites for an extrajudicial confession to be Q: What are the types of penalty for judges
admissible A:
1. Confession must be voluntary Rule 140 of the Rules of the Court
2. Confession must be given with the assistance of 1. For serious charge
competent and individual counsel a. Dismissal form service
3. Confession must be express b. Suspension without salary and other
4. Confession must be in writing benefits (3 months to 6 months)
Additional Discussions in Class c. Fine (20,000 to 40,000)
Q: Are statements made before the media 2. Less serious charge
admissible? a. Suspension from office without salary
A: Yes. In PP vs Andan, the Court ruled that and other benefits (1 month to 3
statements made before the media are admissible if months)
they were given free from any undue influence from b. Fine (10,000 to 20,000)
the police authorities. Verbal confessions to the 3. Light charge
newsmen are not covered by Section 12 of Article III a. Fine (1,000 to 10,000)
of the Constitution. This section concerns only the b. Censure:
relationship of an individual and the State and not c. Reprimand
the relationship between individuals. d. Admonition
Admonition vs Reprimand
3. Chu vs Dolalas Admonition Reprimand
Facts: Chu was a mayor of Kabasalan, Zamboanga Not considered as a Considered as an
de Sur while Dolalas was a Municipal Circuit Trial penalty administrative penalty
Judge. Chu claimed that Dolalas was most of the although it may be
times tardy and tolerated the habitual tardiness of slight form of penalty
court personnel that lead to clogging of cases. Aside Warning or reminder; Public and formal;
from that, Chu alleged that there was grave abuse an expression of more than just a
of discretion on the part of Dolalas when the judge authoritative advice or warning; an escape
imposed a bail worth 50,000 pesos for each of the warning from more severe
18 accused in PP vs Guerrero. RTC dismissed the penalty like suspension
case for being baseless and untenable. and termination
Issues:
1. WON Dolalas is guilty of tardiness 4. PP vs Manzana
2. WON Dolalas imposed excessive bail Facts: Gina Reyes, a 12-year old girl, stayed with the
Held: family of Manzana. At around 1am, she was
1. No. The turnover rate of Dolalas is 11.25 cases awakened and was raped by Manzana. In the
per month which shows that there is no morning, she was bleeding excessively and told
clogging of cases. what happened to the wife of Manzana. The wife
2. Yes. The bail for each of the accused should not called a midwife to check on Gina and the midwife
be the same because the amount for bail recommended that Gina be brought to the hospital.
depends on some factors in relation to each of The doctor who examined Gina confirmed that she
the accused. Some factors that should be was raped. During the trial, the midwife also
considered are financial ability of the accused to confirmed that the cause of the bleeding was rape.
bail, character, reputation, age and health of On the other hand, Manzana argued that the
the accused. These factors surely differ among bleeding of Gina was just her first menstruation.
the accused. Furthermore, the amount of bail Manzana added that Gina spent the night before
 the alleged night of rape with Andres that might
have caused her bleeding.
Issue: WON Manzana is guilty
Held: Yes. Manzanas testimonies are inconsistent.
Additional Discussion During Class:
Common defenses for rape
o Alibi that accused was not present at
the time of the rape
o There is consent sweetheart theory
(That the accused is dating the victim so
there is consent)
Considerations of the Court
o Minors would not falsify testimonies
o Nature of Filipino women (conservative
and the complaint of rape would cause
embarrassment and humiliation)
o It would be hurtful for the victim to
recount the traumatic event

5. Agcaoili vs Aquino
Facts: Agcaoili was a judge in the RTC while Aquino
is a judge in the MTC. Agcaoili alleged that Aquino is
guilty of serious neglect of duty and/or gross
ignorance of the law and insubordination because
of Aquinos failure to file the required explanation
asked by Agcaoili and that there is a delay in the
preliminary investigation in a rape case. Aquino
argued that he was not able to conclude the
preliminary investigation because the accused could
not be apprehended.
Issue: WON there is a delay in the preliminary
investigation
Held: Yes. The Court pointed out that preliminary
investigation should be concluded after 10 days
following the complaint. It does not matter whether
or not the accused was apprehended. If the accused
was not apprehended, the conclusion of the
preliminary investigation could be based on the
complaint alone. Judge Aquino was found guilty for
not following the regular procedure and thus
required to pay a fine of 5,000 pesos.