LEGAL RESEARCH- the investigation for information necessary to support The goal is to classify or categorize the problem into
he problem into general, and
legal decision making.
- A lawyer must be able to research the law to provide competent
representation to a client.
SOURCES OF LEGAL RESEARCH
1. Printed sources- include the Constitution, statutes, court decisions,
administrative rules and scholarly commentaries
2. Electronic sources- computer databases containing these and other
materials
SOURCES OF LAW - differ in their relative authority.
1. Primary sources- recorded laws and rules which will be enforced by
the State
a. Products of legislative actions – codes and statutes
b. Judicial decisions- SC and CA produce decisions that constitute
our case law.
c. Administrative law- regulations and decisions of government
agencies
2. Secondary materials- discuss or analyze legal doctrines, problems
and provide research references to both primary and other
secondary materials
3. Finding tools- search materials used to locate legal sources; without
a topical approach to legal sources, researchers could not find
existing statues or decisions on point.
THE LEGAL RESEARCH PROCESS
1. Identify and analyze the significant facts.
-compiling a descriptive statement of legally significant facts and
factual analysis; TARP rule:
a. T- Thing or subject matter
b. A- cause of action
c. R- Relief sought
d. P- Persons or parties involved.
2. Formulate the legal issues to be researched.
increasingly specific, subject areas and to begin to hypothesize the
legal issue.
3. Research the issues presented.
a. Organize and plan.
b. Identify, read and update all relevant constitutional provisions,
statutes and administrative regulations; statutory compilations
or computer-assisted legal research
c. Identify, read and update all relevant case law.
d. Refine the search.
4. Update. Law constantly changes.
CASE BRIEFING- a digest or condensation of a reported case. Components of
a case brief are:
1. Facts- describe the events between the parties leading to the
litigation and tell how the case came before the court that is now
deciding it. Include relevant facts- state who the plaintiff and
defendant are, basis for suit and the relief sought.
2. Issue(s)- the question the court must decide to resolve the dispute
between the parties in the case before it. To find the issue, one
must identify the rule of law that governs the dispute and ask how it
should be applied to the facts.
3. Ruling- the court’s decision on the question that is actually before it
supported by court’s reasoning explaining the court’s decision.
SYNTHESIZING CASES- the step between research and writing. Where there
are many cases relevant to the problem, you must relate the cases to each
other.
STATUTORY LAWS- consists mainly of the following:
1. The 1987 Constitution
2. Treaties and International Agreements
3. Statutes enacted by the Legislature
4. Administrative Rules and Regulations
5. Ordinances enacted by the Autonomous Regions
6. Ordinances enacted by the Local Government Units
1. THE PHILIPPNE CONSTITUTION- the supreme law of the land.
 Spanish period- Constitutionalism was a vague concept to the
Filipinos, it was not comprehended in theory and in practice.
 The Treaty of Paris- marked the commencement of
constitutionalism in the country; different organic laws followed
later and progressively enlarged Ph self-government.
 The Malolos Constitution- organized a Filipino state called the
Philippine Republic; provided for the national and individual rights
of Filipinos and aliens which in the main, were literal copies of
articles of the Spanish Constitution.
The legislature- unicameral called the assembly of representatives;
executive- president who should exercise it through his secretaries,
no vice president
 The 1935 Constitution during the Commonwealth period- provided
for a republican form of government, following the principle of
separation of powers, and contains a bill of rights. In most features,
it is modeled after the US Constitution.
The legislature- National Assembly, a unicameral body which was
later abolished and its place a Congress was created, a bicameral
body.
 The 1943 Constitution- broad and centralized powers are vested in
the President; legislature- National assembly, a unicameral body.
This was later declared null and void.
 The 1973 Constitution- provides for a parliamentary system of gov’t-
a president, a national assembly of legislators and a prime minister.
 Amendments to the 1973 Constitution- granting of concurrent
lawmaking powers to the president; the creation of interim
CASE LAW- comes from the judicial authorities of the State; second majority
Batasang Pambansa; making the incumbent president the regular
category of primary sources of law after the statues is judicial decisions
president and regular prime minister
 The provisional Constitution of 1986 (Freedom Constitution)-
adopted in toto the provisions of Art. I (Nat’l Territory), Art. III
(Citizenship), Art. IV (Bill of Rights), Art. V (Duties and Obligations of
Citizens) and Art. VI (Suffrage) of the 1973 Constitution, as
amended.
Other provisions were adopted insofar as they were not
inconsistent with the Proclamation while Art. VIII (Batasang
Pambansa), IX (Prime Minister and the Cabinet), XVI (Amendments)
and XVII (Transitory Provisions) were deemed superseded.
 The 1987 Constitution- Ph is declared a republican democratic state.
Executive- president with a vice president; legislative- bicameral
legislature, Congress consisting of the Senate and House of
Representatives; Judiciary- one Supreme Court and statutory courts
2. TREATISES AND INTERNATIONAL AGRREMENTS- Have the same
force of authority as legislative enactments. A treaty is a compact
made between two or more independent nations with a view to the
public welfare.
3. STATUTES ENACTED BY THE LEGISLATURE ***
4. ADMINISTRATIVE RULES AND REGULATIONS- acts and commands of
the President touching on the organization or mode of operation of
the government, of the rearranging or readjustment of the districts,
part or parts of the Ph and all acts and commands governing the
general performance of duties by public employees or disposing of
issues of general concern
5. ORDINANCES Enacted by the Autonomous Region- ordinances
enacted by legislative assemblies of these regions to govern the
region and may create administrative agencies to operate in the
regions.
6. ORDINANCES Enacted by Local Government Units- basic LGUs are
provinces, cities, municipalities and barangays which each have
lawmaking powers to pass ordinances of local interest – measures
for the general well-being of their inhabitants; legally ineffective if
inconsistent with statutes enacted by the Congress
1. Case Proper
a. Decisions of the SC- court of last resort; has the power to review
on appeal or certiorari final judgments and order of lower
courta in certain cases such as when errors or questions of law
are invoked and where the Constitution or validity of statues are
involved. It has original jurisdiction over petitions for certiorari,
prohibition, mandamus, quo warranto, and habeas corpus.
 b. Decisions of the CA- The intermediate appellate court; generally
has exclusive appellate jurisdiction over the decisions of the RTC
and other quasi-judicial agencies
c. Decisions of the Sandiganbayan- special appellate court
d. Decisions of the CTA- special appellate court; act on protests of
private persons adversely affected by the tax and customs law
e. Decisions of the RTCs- general jurisdiction, a court empowered
to try all kinds of case, without monetary or subject matter
limitation
 Shari’a courts under the Muslim Code with jurisdiction
over Muslim Filipinos in Mindanao
f. Decisions of the MeTCs, MTCs, MCTCs- jurisdiction is limited to
civil suits involving relatively smaller amounts of money and to
minor vioaltions of the criminal laws
 The Doctrine of Precedence (principle of stare decisis)- decided
cases are considered to be the primary source of law and hence,
past decisions are generally binding for the disposition of factually
similar present controversies. Judicial decisions or judicial
precedents form part of our legal system (Art. 8 of the NCC)
 Res Judicata- a matter judged; a cause of action may not be
relitigated once it has been judged on merits or when judgment has
reached finality between the same parties
 Ratio decidendi- the holding of the principle of law on which a case
was decided. It is the ratio decidendi that sets the precedent and is
binding on the courts in the future.
 Obiter dictum- language in decision that is not necessary to the
decision; not binding but may be persuasive.
 Binding and Persuasive Authority- Binding when it comes from the
decisions of SC and it is the ratio decidendi of the case; persuasive
authority decisions of appellate courts in other jurisdictions and
dicta from prior decisions if carefully reasoned and if it comes from
a respected justice.
2. Subordinate decisions
a. Decisions od the Senate Electoral Tribunal and the House of
Representatives Electoral Tribunal- sole judge of all contests
relating to the election, returns and qualifications of their
respective members.
b. Decisions of Administrative Agencies Exercising Quasi-Judicial
powers
LAW BOOKS OF SECONDARY AUTHORIITY- works which are not primary
authority but which digest, discuss or analyze legal provisions, judicial
decisions or define and explain legal doctrines and terms.
1. Case digests- compilations of paragraphs containing concise
summaries of points in cases
2. Treatises and Textbooks- expositions by legal writers on
statutory law and case law pertaining to a particular subject and
published in book form.
3. Bar Reviewers- they present a concise presentation of law, legal
doctrines and leading SC decisions in capsulized form.
4. Legal periodicals- most highly reputable legal periodicals are the
academic law reviews at major law schools; special academic
journals; analyze and criticize a particular topic in an in-depth
manner; they keep researchers current in developing areas of
the law.
5. Legal Encyclopedia- treats of all subjects; a comprehensive
treaties of the entire field of law.
6. Law Dictionaries- used for identifying the definitions of words in
their legal sense or use.
SEARCH MATERIALS AND FINDING TOOLS- a means of subject access into
the large body of law; means for locating primary sources.
1. Citators- provides subsequent history of reported cases and lists of
cases and legislative enactments construing, applying or affecting
statutes.
2. Indexes- usually means a subject-index which is like the index found
in textbooks, statutes, etc. An alphabetically arranged topical words
in which, by means of references under each topic, materials
relating to these topics expressed in appropriate words is digested.
3. Bibliographies- a list of descriptions of published materials either
relating to a given subject, or by a given author; may refer to an
author’s legal works or of literature bearing on a particular subject
or field of law.