Tarlac State University (TSU) School of Law

LAW 114 - LEGAL RESEARCH

(1st Semester of AY 2018-2019)
Atty. Anna Christina R. Iglesias1
Thursdays – 5-7 pm
Email: annaiglesias.tsulaw@gmail.com
Consultation Hours: By appointment

Course Description:

The course will introduce structures to the methodology of legal research and the preparation of legal
opinions, memoranda or expository or critical paper on any subject approved by the faculty member
teaching it. (2 units)

Course Objectives:

The course on Legal Research has the following primary objectives for students to:
1. Develop a working knowledge of the foundational skills needed in legal research
2. Develop and enhance critical thinking skills when applying legal research to legal problems
3. Appreciate the application of legal research through practical exercises
4. Develop and foster independence, self-reliant and ethical researchers

_____________________________________________________________________________________________

I.
INTRODUCTION TO LEGAL RESEARCH AND LEGAL BIBLIOGRAPHY

I. Legal Research
A. Definition and Concept
B. As distinguished from other disciplines (e.g. social sciences research)
C. The Need for Legal Research
II. Legal Bibliography
A. Definition and Concept
B. Relationship with Legal Research

II.
OVERVIEW OF THE PHILIPPINE LEGAL SYSTEM

I. Legal System
A. Definition and Concept
II. Historical Evolution of the Philippine Legal System
A. The Pre-Spanish period
B. The Spanish regime
C. The American period
D. The Japanese Occupation
E. The Philippine Republic
F. The Martial Law Period
G. The EDSA Revolution to the present
III. Components of the Philippine Legal System
A. The Constitution
B. Laws
C. Administrative regulations
D. Customs, if authorized by law
E. Judicial decisions
F. Legal Institutions
1. The three (3) branches of government – Executive, Legislative, Judicial
2. Other institutions – LGUs, the Bar, Law Schools, etc.
IV. The Hybrid Nature of the Philippine Legal System2

1
Bachelor of Laws, University of the Philippines. Bachelor of Arts in Sociology, University of the Philippines.
2
Santos, A. A Guide to Philippine Legal Information (2013), citing Gupit.
 A. Common Law
B. Civil Law

III.
SOURCES OF LEGAL LITERATURE

I. Primary Sources – recorded laws and rules which will be enforced by the State3
A. Statutes (laws)
1. Concept
2. Scope and Classification
a. Conventional and subordinate legislation
b. External and internal legislation
c. Particular classes
3. Statute Law
a. Constitutions
b. Treaties and other international agreements
c. Statutes proper
d. Presidential issuances
e. Administrative rules and regulations
f. Charters of LGUs
g. Legislation of LGUs (ordinances)
h. Tribunal/Court rules
B. Judicial Decisions (cases)
1. Concept
2. Scope and Classification
a. Conventional decisions
b. Subordinate decisions
3. The Philippine Court System
a. Supreme Court
b. Court of Appeals
c. Court of Tax Appeals
d. Sandiganbayan
c. Regional Trial Courts
d. Municipal Trial Courts
e. Shari’a Courts
4. Some relevant legal principles
a. Stare decisis
b. Res judicata
c. Ration decidendi
d. Obiter dictum
e. Binding authority
f. Persuasive authority

II. Secondary Materials – publications which are not primary authority but which discuss or analyze
legal doctrine4
A. Other Sources
1. Treatises
2. Textbooks or Commentaries
3. Periodicals
4. Dictionaries
5. Encyclopedias
A. Finding Tools (Search Books & Law Finders)
B. Computer Assisted Legal Research

IV.
CASE BRIEF (DIGEST) AND SYNTHESIS

I. Analyzing the Parts of a Decision

A. Statement of the Case
B. Statement of Facts
C. Issues/Assignment of Errors

3
Rodriguez, R. Introduction to Legal Research (2002), p. 3.
4
Id..
 D. Ruling
E. Dispositive Portion
II. Making a Case Brief (Digest)
A. Definition and concept
B. Purpose and application
C. Form
D. Substance
III. Case Synthesis
A. Definition and concept
B. Purpose and application
C. Form
D. Substance
IV. Application/Practical Exercises

V.
ETHICS IN LEGAL RESEARCH

I. Intellectual Dishonesty - Plagiarism

A. Definition and Concept
B. Issues
II. Consequences of Plagiarism
III. Preventing Plagiarism
A. Citations
B. Proper attribution

Readings:

1) “Avoiding Plagiarism When Conducting Legal Research.” (Handout) TC Beirne School of Law.
University of Queensland. <http://www.law.uq.edu.au/documents/resources/Avoiding-
plagiarism.pdf> Accessed on September 5, 2015.

2) In The Matter Of The Charges Of Plagiarism, Etc., Against Associate Justice Mariano C. Del Castillo.
A.M. No. 10-7-17-SC, October 12, 2010.

- Include: Resolution Per Curiam (February 8, 2011)

3) DOJ Advisory Opinion No. 2, series of 2012 – Accessible at:

https://doj.gov.ph/files/2012/Advisory_Opinion_02(series_of_2012)-Advisory_on_Plagiarism.pdf

Additional References:

• Supreme Court of the Philippines, Manual of Judicial Writing. 2005. (A PDF copy is available
online)
• Feliciano, Myrna. Philippine Manual of Legal Citations. 1999. (A PDF copy is available online)

VI.
RESEARCH AND WRITING PROCESS

I. Identifying and analyzing the significant facts5

A. Thing or subject matter
B. Cause of Action or group of defense
C. Relief sought
D. Persons or parties involved
II. Formulating the legal issues to be researched
III. Research and analysis of the issues presented
IV. Writing proper
A. Discussion of applicable statutes
B. Case synthesis
C. Analysis
V. Legal Research Application
A. Legal Opinion
B. Pleading

5
TARP Rule, Rodriguez.
 C. Contract review/drafting
D. Decision
E. Position Paper on proposed legislation
F. Academic paper

Reference:

• Rodriguez, Rufus. Legal Research. 2002 ed.

• Santos, A. A Guide to Philippine Legal Information: An Introduction to Legal Bibliography,
Legal History, Legal System, Legal Philosophy, Legal Research, Legal Profession (UP Law:
2013).

METHODS OF INSTRUCTION:

We will employ different methods of instruction such as individual writing exercises, group
work, role playing, simulation and class discussions. Occasional lectures will be given as well. You are
expected to come to class adequately prepared so that you can actively participate in classroom activities.

SESSION ACTIVITY OUTPUT

1 Introduction to the Course/House Rules

2-3 Lecture/Discussion/Report on Overview of the Reflection paper or Quiz
Philippine Legal System (Parts II and III of the Syllabus)
4-5 Recitation + Case brief writing + practical exercises Case brief
6-7 Recitation + Case synthesis + practical exercises Case synthesis
8 Midterm Exam (or its equivalent)
9-10 Application (legal opinion writing) Legal opinion
11-12 Application (pleading) Sample pleading
13 Position Paper, Judicial writing Draft decision or position paper
14-15 Contract review or academic paper Contract Review/ academic
paper
16 Final Exam or its equivalent

Sessions may be adjusted from time to time should the need arise.

GUIDELINES FOR EVALUATING YOUR WORK:

In general, your written output will be graded as follows:

CRITERIA INDICATORS

1) Substance 1) Adequate discussion and analysis of laws and jurisprudence as applied

to the facts
2) Legal issue/s is/are stated clearly and concisely
3) Legal analysis is properly applied to the facts
2) Form 1) The appropriate form is used based on the requirements of the
assignment or exercise
2) Laws and cases are cited properly according to accepted standards
3) Facts, issues and resolutions are clearly laid out
3) Style and 1) The language used is clear and easy to understand, and appropriate
Clarity of Writing 2) The tone is appropriate for the type of document and audience
3) Use of legalese (jargon) or verbosity is minimal to none at all
4) Minimal or no grammatical errors
5) Even a non-lawyer will be able to grasp the essential facts and issues
after reading the text
4) Coherence 1) There is a clear overall theme in the written output
2) The instructions, requirements and parameters of the assignment or
exercise were followed
3) There are no inherent contradictions in the arguments or premises

• Grading system will follow the School of Law prescribed guidelines

• Rules on attendance and retention will follow the School of Law or in the absence thereof,
university guidelines