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Basic Information for Legal Research in the Philippines (Summary) ■ Compels barangay residents to enter first into conciliation

before they can file action in court


I. Historical Evolution of PH law - An overview
● Pre-Spanish period (ante 1521) B. Spanish Period
● Spanish regime (1521-1898) ● The Spanish time lasted for 377 years (from when Magellan discovered
● American period (1891-1946) the PH until 1898 after the Battle of Manila Bay)
● Japanese Occupation (1941-1944) ● Spain initially ruled the PH from Mexico thru the Council of Indies in Spain
● PH Republic (1946-1972) ○ The Council exercised executive, legislative, and judicial powers
● Martial law period (1972-1986) ● The King of Spain used royal decrees to exercise legislative power over
● Present the colonies
○ In addition to these were laws with general application, such as:
A. Pre-Spanish period ■ Fuero Jusgo
● Refers to the time before Ferdinand Magellan set foot in PH soil (March ■ Fuero Real
16, 1521) ■ Las Sietes Partidas
○ Discovery of the PH was 1480-1521 ■ Las Leyes de las Indias
● Indonesian and Malay migrants set up ​barangays in the rich deltas of the ■ La Novisima Recopilacion
PH archipelago ● During the last 50 yrs of Spanish rule, Spain extended the application of
○ Each barangay was an independent and self-sustaining political new codes + statutes to the PH
unit ○ Civil Code 1889
○ Barangay head - datu ○ Code of Commerce 1885
○ Barangay groupings were under a higher chief called the ​rajah ○ Penal Code 1870
● Early Filipino chiefs made laws upon consultation with lesser chiefs ○ Code of Civil Procedure 1853
○ Most laws were unwritten (word of mouth from generation to ○ Mortgage Law 1861
generation), and eventually evolved to native customs and ○ Notarial Law 1862
traditions ○ Marriage law 1870
■ This is called ​customary law ○ Code of Criminal Procedure 1882
● Relics of Pre-Spanish written laws: ● May 5 1583: the ​Royal Audiencia was est. in Manila until the end of the
○ Code of Kalantiaw Spanish regime in 1898
○ Maragtas Code ○ The Audiencia was not an exact model of the present SC
● Barangays administered their own brand of justice ● During the fight for PH independence against Spain, the provisional
○ The datu (assisted by community elders) presided over the court revolutionary gov’t would issue decrees, orders, and proclamations to
○ Cases were settled through mediation, but if the parties could not govern it’s habitant’s conduct
agree, a public hearing was held ○ Leaders would make diff. Drafts of constitutions
○ Witnesses took their oaths + parties were bound to abide by the ■ The most significant of these was the ​Malolos
council’s decision, which was final Constitution
○ The procedure in resolving controversies is the idea behind the ● Malolos Constitution
present ​Katarungang Pambaranggay Law ○ est. the short-lived PH Republic

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○ Provided for a trinity of powers (w/ the executive power in the Chairman of the PH Commission (who acted as the Civil
hands of one person) Governor)
○ Legislative power -> in a representative body ■ This made the gov’t structure parliamentary in form
○ Judicial power -> lodged in the SC and lower courts ○ The Civil Governor also took active part in lawmaking
○ The PH Commission, whose members were cabinet secretaries,
C. American Period was the lawmaking body
● Started with the cession of the PH to the U.S. (formalized in the Treaty of ○ A PH Assembly was created after the passage of the PH Bill of
Paris signed on Dec. 10, 1898) 1902
○ This cession saw the evolution of the law making process under a ■ Shared the legislative function with the PH Commission
constitutional gov’t ○ The PH Commission was the upper chamber, while the PH
● The Consti of the US was never formally extended to the PH Assembly was the lower chamber
● The organic acts that defined the structure + organization of the PH gov’t ○ The PH Commission enacted Act No. 136 or the Judiciary Act of
were: 1901, w/c created a three-level court system w/ the SC as the
○ Instructions of Pres. William McKinley to the PH Commission of highest court.
(Apr 7 1900) ■ The PH Autonomy Act of 1916 (or Jones Law) further
○ Act of Congress (July 1 1902) changed the structure of the gov’t
○ PH Bill of 1902 (aka the Cooperatives Act) ■ It vested the general legislative powers in a legislature
○ Act of Congress of Aug 29 1916 (PH Autonomy Act) (aka the composed of two houses (Senate + HoR)
Jones Law) ● Commonwealth gov’t
○ PH Independence Act of 1934 (Tydings-McDuffie Law) ○ The ​Tydings-McDuffie Law provided for a 10 yr transition period
● Military gov’t to the grant of independence
○ From Aug 1898 to Sept 1900, the ​military governor exercised all ■ Empowered the Filipinos to formulate their own Consti
the gov’t powers in the Islands (inc. legislative power) ○ The Consti was drafted + approved by a constitutional convention
○ The ​PH Commission later assumed the legislative functions of on Feb 19 1935
the military governor (this paved the way for a dichotomous civil + ■ After being signed by US Pres. Franklin Roosevelt, it was
military gov’t), with him exercising executive power + the ratified by the Filipino people on May 14 1935
Commision for the legislative power ○ A presidential form of gov’t when the Consti was amended in
○ For judicial power, the military governor organized military 1940, composed of a Senate + HoR
commissions + courts, and suspended the civil jurisdiction of the ○ Judicial power was vested in one SC and other inferior courts, but
Audiencia de Manila​ + other local minor courts the Nat’l Assembly enacted Commonwealth Act No.3 w/c created
■ Later, General Order No.20 re-est. The Audiencia, court of the ​Court of Appeals
first instance, and justice of the peace courts ■ This relieved the SC of minor cases/ gave it more time to
○ Legislation during the military period came down in the form of consider the more important ones
General Orders
● Civil gov’t D. Japanese Period
○ July 4 1901: the Spooner Amendment abolished the position of
Military Governor + transferred the executive power to the

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● A hiatus in the Commonwealth period occurred when the Japanese ● Nov 3 1985: Marcos announced the calling of a special presidential
Imperial Forces occupied the PH for 3 yrs (After American successfully election (w/c paved the way for the ouster of Marcos after the 4 day
liberated the islands) “People Power” revolution on Feb 25 1986)
● During the 3 yr rule, a 1943 Consti was drafted + ratified by a special ● Cory Aquino then took her oath as Pres
national convention ○ During her administration, a Constitutional Commission was
○ This led to the short-lived Japanese sponsored republic constituted w/c drafted the 1987 Consti)
● Exec power was held by PH president Jose P. Laurel ■ The 1987 Consti deals primarily with
● Legislative power was held by the Japanese sponsored Executive ● Social justice
Commission ● National economy
○ This restored the SC, CA, Courts of First Instance, and the ● Family rights
municipal and justice of the peace courts ● Education + human resources
● During the Jap Occupation, the Commonwealth functioned in Washington ● Commission on Human Rights
DC ● Autonomous regions

E. PH Republic II. Sources and Classification of Law


● July 4 1946: when PH was inaugurated as a Republic A. Sources of Law
○ The PC continued w/ the American style of presidential form of ● The 3 branches of the PH gov’t have diff. Roles in the law-making process
gov’t (in accord w/ the 1935 Consti [organic law]) ● These roles and the interplay balance the law-making power, w/ each
○ The basic powers of gov’t were distributed among the exec, leg, branch checking the law-making power of the two
and jud
● The PH Republic except that w/ the declaration of Martial Law B. Structure of Gov’t
○ During this period, the 1973 Consti was in effect ● The gov’t of the PH is republican in form + under a presidential system
■ It est/ a parliamentary form of gov’t (w/c was never ○ It is also unitary + centralized w/ the principle of separation of
implemented) + merger of exec and leg powers powers
● The 1973 Consti was amended in 1980 + 1981 ● In the exercise of functions allotted to Exec, Leg, and Jud departments
● ML was lifted on Jan 17, 1981 + military tribunals were abolished by (under the 1987 Consti), each dept. Is supreme, coordinate, and coequal
Proclamation No. 2045 w/ the others
● June 16 1981: presidential election was held and Marcos was re-elected :( ● Executive Department
○ He proclaimed the birth of the Fourth Republic under the New ○ The Consti vests the exec power in a Pres who:
Constitution ■ has control of all exec departments, bureaus and offices
● Aug 21 1983: former Senator Benigno Aquino was assassinated and an ■ Exercises general supervision over local gov’ts
economic crisis ensued ■ Ensures laws are faithfully executed
● May 14 1984: elections for the congressional seats in the Batasang ○ The Consti also:
Pambansa was held ■ invests the President with powers of Commander-in-Chief
● July 24 1984: the legislature convened of all armed forces of the Philippines
■ empowers this office (under certain circumstances and
conditions) to ​suspend the privilege of the writ of habeas

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corpus or ​place the Philippines under martial law for a ■ Vice-President shall serve for not more than two
limited period successive terms
○ Note: A state of martial law does NOT: ○ In case of death, permanent disability, removal from office, or
■ suspend the operation of the Constitution resignation of P during his term, VP shall become P to serve the
■ supplant the functioning of the civil courts or legislative unexpired term
assemblies ■ If no P or VP, the Senate Pres (or in case of his inability,
Speaker of the HoR) then acts as P or VP until the P or
■ authorize the conferment of jurisdiction on military courts
VP becomes elected and qualified
and agencies over civilians (where civil courts are able to ● Legislative Department
function) ○ Leg power is vested in the ​Congress of the Philippines
■ automatically suspend the privilege of the writ ■ a bicameral body composed of the Senate and House of
● Suspension of this privilege applies ONLY to Representatives (except to the extent reserved to the
those judicially charged for rebellion OR offenses people by the provision on initiative and referendum)
inherent/ directly connected w/ invasion ○ Senate
○ Other presidential powers: ■ composed of twenty-four Senators who are elected at
large
■ authority to nominate and appoint (w/ the consent of the
■ Term is six years
Commission on Appointments) the heads of the executive ■ Cannot serve more than two consecutive terms
departments, ambassadors, other public ministers and ○ House of Representatives
consuls, or officers of the armed forces from the rank of ■ at most two hundred and fifty members
colonel or naval captain, and other officers whose ■ 20% of which are elected through the party-list system +
appointments are vested in the Presidency under the from the sectors for the first three terms
Constitution and by law ● the rest are elected by legislative district
■ authority to contract/ guarantee foreign loans on behalf of ○ Congress convenes once a year on the fourth Monday of July for
its regular session (UNLESS a different date is fixed by law)
the Republic ONLY with the prior concurrence of the
■ It continues to be in session for such number of days as it
Monetary Board (and subject to such limitations as may may determine until thirty days before the opening of its
be provided by law) next regular session
■ power to grant reprieves, commutations and pardons, and ○ Each House:
remit fines and forfeitures, after conviction by final ■ By a majority, will vote its respective members to elect the
judgment EXCEPT in cases of impeachment Senate Pres and the Speaker + other officers
■ power to grant amnesty with the concurrence of the ■ determine its rules of procedure + punish its members for
majority of all the Members of the Congress disorderly behavior
■ have an Electoral Tribunal composed of nine members:
○ The Pres also participates in the legislative process (approves or
● 3 are SC justices (designated by the CJ), w/ the
vetoes a bill passed by Congress) senior justice as the Chairman
■ In case of veto, the bill still becomes law if ⅔ of all ● 6 are members of the Senate or House
Members of each House reconsider and approve said bill ■ Commission on Appointments
○ Both P and VP are elected by direct vote of the people for a term ● Consti has revived this
of six years ● constituted under the 1935 Constitution to
■ President shall not be eligible for any reelection consider the nominations made by the Pres to the
more important positions in the gov’t
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● Composed of modified or reversed except by the Court sitting en banc
○ Senate Pres as ex officio chairman ■ Consti: SC exercises ​original jurisdiction o ​ ver:
○ 12 Senators ● cases affecting ambassadors, other public
○ 12 Members of HoR ministers and consuls
○ Judicial Department ● petitions for certiorari, prohibition, mandamus, quo
■ Consists of a hierarchy of courts with the SC at the apex warranto, and habeas corpus.
■ Other courts: ■ SC has the power to:
● Court of Appeals ● review and revise, reverse, modify or affirm on
● Regional Trial Courts appeal or certiorari (as the law or the Rules of
● Metropolitan Trial Courts Court may provide) final judgments and decrees
● Municipal Trial Courts Municipal Circuit Trial of inferior courts in:
Courts ○ all cases in which the constitutionality or
● For Muslims: shari’a circuit and shari’a district validity of any treaty, international or
courts executive agreement, law, presidential
● Special courts: decree, proclamation, order, instruction,
○ Court of Tax appeals ordinance, or regulation is in question
○ Sandiganbayan ○ all cases involving the legality of any tax,
■ SC composition (sit en banc or in division): impost, assessment, or toll or any penalty
● Chief Justice imposed in relation thereto
● 14 Associate Justices ○ All cases in which the jurisdiction of any
■ Cases hear + decided en banc are those: lower court is in issue
● involving the constitutionality of a treaty, ○ all criminal cases in which the penalty
executive agreement, or law imposed is reclusion perpetua or higher
● such cases as required under the Rules of Court ○ all cases in which only an error or
○ including those involving the question of law is involved
constitutionality, application, or operation ■ The SC (en banc) is the ​sole judge of all contests relating
of presidential decrees, proclamations, to the election, returns, and qualifications of the President
orders, instructions, ordinances, and other or Vice-President, and may promulgate its rules for the
regulations purpose.
■ The cases above are to be decided with the concurrence ■ SC also has the power to promulgate rules concerning the
of a majority of the Members who ​actually took part in the protection and enforcement of constitutional rights,
deliberations on the issues in the case and ​voted​ thereon pleadings, practice and procedure in all courts, admission
■ Cases or matters heard by a ​division are decided with to the practice of law, the Integrated Bar, and legal
the concurrence of majority of the Members who actually assistance to the underprivileged
took part in the deliberations on the issues of the case and ■ SC exercises admin supervision over all courts and their
voted​ thereon personnel + has the power to discipline judges of lower
● And in no case, w/o the concurrence of at least courts, or order their dismissal
three of such Members
● If required # isn’t obtained, cases are decided en C. Classification of Law
banc ● As mentioned earlier, the ELJ branches of the gov’t are the three main
■ Note: No doctrine or principle of law laid down by the sources of law
Court in a decision rendered en banc or in division may be ○ Such as statutes, judicial opinions, and admin regulations +
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adjudications ○ The official text of the PH Consti of 1935 is found as Appendix in
● The two main classifications of law consists of statutes (legislation) and Vol. 30 of Public Laws of the Philippines + in vol. 34 of the Official
judicial opinions (decisions) which we call STATUTE LAW and CASE Gazette
LAW, respectively ○ Proceedings of the 1934 Constitutional Convention can be found
in the SC library
III. Research in Statute Law ○ Exhaustive annotations to the 1935 Consti are contained in vols. 1
A. Concept, Scope, and Classification of Statute Law and 2 of the Philippine Annotated Laws
● Statute law - rules enunciated and declared by the competent authorities ■ The annotations consist mainly of decisions of the SC that
for the governance of the community interpreted and applied the provisions of the Consti
○ embraces the enactment of the legislative department of the ○ The official text of the 1973 Consti was promulgated in English
government + rules and regulations w/c have the force and effect and Pilipino
of law ■ In case of conflict, the English text prevails
● Statute Law can be classified into: ■ Both English and Pilipino texts appeared in the Official
○ conventional legislation ​- all enactments by national or local Gazette
legislative bodies, or in which they may have participated ○ UP Law Center 1970 Constitutional Revision Project - contains the
○ subordinate legislation - all rules and orders, issued pursuant to studies + discussions were considered in the revision of the 1935
law by administrative and judicial agencies Consti
● Statute law can also be divided in a broad sense: ● Treaties and Other International Agreements
○ external legislation/ rules of general application ○ Treaty - agreement or contract between two or more nations/
○ affecting order and procedure in a community sovereigns
○ internal legislation/rules of restricted application ■ entered into by agents appointed for the purpose + duly
○ affecting order and procedure among members of a legislative, sanctioned by the Supreme powers of the respective
judicial or administrative office parties
● Classes of statute law: ■ May be bilateral or multilateral
○ Constitution ○ Executive agreements - may or may not have legislative
○ treaties and other international agreements authorization + are limited in execution only by consti restrictions
○ statutes proper ○ Treaties + other int’l agreements are published in ​The Lawyers
○ presidential issuances Review, International Law Documents
○ administrative rules and regulations ● Statutes Proper
○ charters of local government units (LGU’s) ○ Statute - act of legislature as an organized body
○ legislations of local government units (LGU’s) ■ passed acc to the procedure required to constitute it as
○ tribunal/court rules and legislative rules part of the law of the land
■ Includes laws promulgated by the Philippine Commission
B. Statute Law Materials and the Philippine Legislature, those passed during the
● Constitution Commonwealth period, those enacted by the Philippine
○ written instrument by w/c the fundamental powers of the Congress and those approved by the Batasang
government are established, limited, and defined Pambansa + by the HoR and Senate
■ those powers are distributed among the several ○ From the est of the American civil gov’t, there were 4,275 laws
departments for their safe + useful exercise for the benefit known as ​Acts
of the body politics ■ Passed by the PH Commission and, later, the PH
○ Highest primary authority (since they are the Charters adopted by legislature
the people) ○ The Commonwealth period had 733 statutes called
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Commonwealth Acts
○ 6,635 Republic Acts were legislated from 1946 to 1972 (when
Martial Law was imposed)
○ Laws promulgated by the Batasang Pambansa are referred as
Batas Pambansa
■ total of 891 Batas Pambansa passed
○ The last enactment by Congress is RA 9182 (dated Jan 10 2003)
○ Official Gazette - official repository of laws passed by Congress
■ Published currently by the National Printing Office
■ EO 200: provides that newspapers of general circulation
are official repositories of law
Summary of enactments by PH Legislature

○ In leg res, it is important to ascertain the ​deliberations on the


passage of a bill, since legislation is sometimes ambiguous and
contain omissions
■ There are some instances when it is necessary to
ascertain the legislative body’s intent when passing
legislations
○ Legislative history includes:
■ sponsorship speeches
■ legislative hearings
■ Debates
■ Reports
■ earlier drafts of the final bills

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○ To get a statutes leg history, the Senate and HoR publishes its adopted it
respective Congressional Records + Congressional Journals ● the bulletin must contain a notice stating the
■ These contain the proceedings of each chamber general subject matter of the omitted rule and how
○ History of Bills and Resolutions ​- traces the legislative history of an copies may be obtained
enactment ○ Note: every rule est. an offense/ defining an act (w/c is punishable
■ Records all actions taken on all bills + resolutions as a crime or subject to a penalty MUST be published in full text)
introduced during the regular and special sessions of both ○ All gov’t agencies are required to file their rules and regulations
Houses with the ONAR
● Presidential Issuances ■ Exceptions: Congress, the Judiciary, the Constitutional
○ During martial law, the Pres was empowered by the Consti to rule Commissions, military establishments in all matters
+ govern by Presidential issuances relative exclusively to Armed Forces personnel, the Board
■ Included: of Pardons and Parole, and state universities and colleges
● Presidential Decrees (2036) ● Charters of Local Government Units (LGU’s)
● General Orders ○ What constitutes the LGU’s charter?
● Letter of Instructions (1525) ■ Laws under w/c a city/ town/ other municipal corporation
● Executive Orders (1093) exercises its privileges, perform its duties, and discharges
● Proclamations (2489) its obligations, + all matters in which it has a direct interest
● Memorandum Orders (832) and a right to regulate and control
● Memorandum Circulars (1297) ■ Two main classes of charter:
● Letters of Implementation (157) ● Created by statute
● Letters of Authority ● Created and adopted by the voters of a city or
○ Usually, admin orders are confined to the exercise by the Pres of town by constitutional authorization
his power in deciding administrative cases ● Legislations of Local Government Units (LGU’s)
● Administrative Rules and Regulations ○ Basic local gov’t units:
○ Various departments, bureaus, and other offices have been est. to ■ Provinces
assist the Pres. in the performance of his exec functions ■ Cities
○ Head of the Department and Head of Bureaus and other agencies ■ Municipalities
■ authorized to issue orders, rules and regulations for the ■ Barangays
enforcement of the laws within their respective jurisdiction ○ Each of these units has lawmaking powers to pass “​ordinances​”
○ Before the effectivity of the Admin Code of 1987 these orders, ■ Of local use only
rules and regulations are usually published in the Official Gazette ○ Local legislative powers are exercised:
○ When the Admin Code of 1987 was effective, governmental + ■ sangguniang panlalawigan - for the province
departmental orders, rules and regulations must be filed with the ■ sangguniang panlunsod - for the city
(ONAR) at the UP Law Center + published in the National ■ sangguniang barangay - for the barangay
Administrative Register ○ Each sanggunian keeps a journal and record of its proceedings
○ Office of National Administrative Register (ONAR) ○ No statute books containing resolutions of provincial boards
■ publish this quarterly register ○ Municipal legislation is recorded in a journal
■ keep an up-to-date codification of all rules thus published ○ Municipal ordinances + resolutions are promulgated by posting
and remaining in effect them at the main entrance of the municipal/ barangay hall
■ may omit from the bulletin or codification any rule if its ■ Text used is in both Filipino and English, as well as the
publication would be unduly cumbersome or expensive language/ dialect used by the majority of the LGU
but copies of that rule are available to the agency which concerned
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■ Gist of ordinances with penal sanctions is published in a ○ Executive Orders, February 23, 1986 to July 26, 1987. Cite as:
newspaper of general circulation Exec. Order No. _____ (year) Example: Exec. Order No. 329
● Tribunal/ Court Rules (1950), 46 O.G. 2035 (July 1950)
○ internal rules of a court /agency w/ quasi-judicial powers ○ Republic Acts 1946 to 1972; July 27, 1987 to date. Cite as: Rep.
○ govern practice and procedure for the parties who come before Act No. ____ (year of effectivity), Volume LAWS& RES. page.
the courts of tribunals Example: Rep. Act No. 1792 (1957), sec. 4.
○ July 1940: SC promulgated rules concerning pleading, practice + Codes
procedure in all courts of the PH and in the admission to the ● General rule: cite the name of the particular code, article number or
practice of law section number (if any) without any indication of date
● Legislative Rules ○ But! when the code is no longer in force or has been subsequently
○ Rules of procedure for the internal order of law-making bodies revised, put the year of effectivity in parenthesis
were first adopted when the PH Assembly was created under the ○ Examples:
PH Bill of 1902 ■ CIVIL CODE, art. 297
○ Old Congress has separate rules for both chambers, and also ■ CIVIL CODE (1889), art. 67.
rules applicable for both
○ Present Congress also has it’s own separate rules Bills, Resolutions, and Committee Reports
■ Includes the Rules in Aid of Legislation, Rules on ● Congress of the PH (1946-1972; 1987)
Impeachment Proceedings, etc. ○ House where the bill, resolution or committee reports originated,
serial report number, the Congress, session, and year in
C. Citation of Statute Law parenthesis.
Constitution ■ For committee reports, give the name of the committee
● cited by reference to article, section and paragraph. When the Constitution ■ Examples​:
is no longer in force, put the year in parenthesis ● No. 5, 6th Cong. 1st Sess. (1966)
○ Examples ● H. No. 15085, 5th Cong., 4th Sess. (1965).
■ CONST. (1935), art. III, sec. 1, par. (3). ● S. Res. 1, 4th Cong., 1st Session. (1958).
■ CONST. Art. VII. ● H. Res. 2, 6th Cong., 3rd Sess. (1966).
Session laws ● Comm. on National Defense and Security, H.
● Citation of source is not required but may be added. Reference to section, Rpt.28, 5th Cong., 1st Sess. (1962
article or paragraph should follow and not precede the main citation if the ● Batasang Pambansa 1978-1986
citation is in the footnote. ○ Origin of bill, bill number, the number of the Batasan, number of
○ Public Laws, 1900 to 1934. the session and the year in parenthesis.
■ Cite as: Act No.________ (year of effectivity), volume ■ Examples​:
Public Laws page. Example: Act No. 1160 (1904), art. 3. ● P.B. No. 2878, 2st Batasan, 5th Sess. (1983)
○ Commonwealth Acts, 1935-1945. Cite as: Com. Act No._______ ● C.B. No. 54, 1st Batasan, 5th Sess. (1983)
(year of effectivity), volume Public Laws Com. Page. Example: ○ For Committee reports, cite the name of the of Committees, Serial
Com. Act No. 52 (1936), sec. 2 (b). report number, number of Batasan, number of the session and the
○ Presidential Decrees, September 21, 1972 to February 20, 1986. year in parenthesis
Cite as: Batas Blg. ____ (year of effectivity), volume VITAL DOCS. ■ Example​:
page. Example: Pres. Decree No. 603 (1975) . ● Committee on Civil Service Rpt. 545, 1st Batasan,
○ Batas Pambansa July 23, 1984 to February 1, 1986. Cite as: 5th Sess. (1983)
Batas Blg. ____ (year of effectivity), volume ACTS & RES. page. ○ For unofficial collection of statutes, cite by volume, title or
Example: Batas Blg. 80 (1981), ACTS & RES., 1980-81, 1-30 abbreviated citation as indicated by the publisher, page
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■ Example​: ○ Executive Orders
● III C. P. S. 586 ■ Cite as: Exec. Order No. _____________ (year).
○ Some unofficial Philippine Compilations, cite as: ■ Example​:
■ Commonwealth Acts Annotated ● Exec Order No. 329 (1950), 46 O.G. 2035 (July,
● Com. A.A. 1950).
■ Philippine Annotated Laws ○ Proclamations
● P. A. L. ■ Cite as: Proc. No. ______________ (year).
■ Compilation of Permanent Statutes (Philippine Permanent ■ Example​:
and General Statutes) ● Proc. No. 784 (1961), 57 O.G. 7122 (September,
● C. P. S. / PPGS 1961).
■ Public Laws Annotated ○ Administrative Orders
● Pub. L.A. ■ Cite as: Adm. Order No. __________ (year).
■ Vital Legal Documents ■ Example​:
● V.L.D. ● Adm. Order No. 21 (1966), 62 O.G. 7194
(October, 1966).
Treaties and Other International Agreements Presidential Acts Under Martial Law:
● Cite the name of the agreement and the exact date of signature by the PH ○ General Orders
○ The effectivity date/ date of entry into force can be given ■ Cite as: Gen. Order No. ___________ (year).
parenthetically at the end of the citation. Shorten the title of the ■ Example: Gen. Order No. 39 (1972).
cited agreement by substituting “with” for “Between the Republic of ○ e. Letters of Instructions
the Philippines and, “. Give the source of the text of the treaty ■ Cite as: L. O. I. No. ___________ (year).
○ Example​: ■ Example: L. O. I. No. 230 (1972).
■ Treaty of Friendship with India, July 11, 1952 (1953), II-2 ○ f. Letters of Implementation
DFATS 1, 2 P. T. S. 797, 203 U. N. T. S. 73. ■ Cite as: L. O. Impl. No. _________ (year).
○ Treaty Sources, cite as: ■ Example: L. O. Impl. No. 5 (1972).
■ Department of Foreign Affairs Treaty Series ○ g. Letters of Authority
● D. F. A. T. S. ■ Cite as: L. O. A. No. __________ (year).
■ Philippine Treaty Series ■ Example: L. O. A. No. 1 (1972).
● P. T. S.
■ League of Nations Treaty Series Opinions of the Secretary Of Justice
● L. N. T. S. ● Cite as: Sec. Of Justice Op. No. ___________, s. (year).
■ United Nations Treaty Series ● Example:
● U. N. T. S. ○ Sec. Of Justice Op. No. 271, s. 1982.
■ Treaties and Other International Series
● T. I. A. S. Administrative Rules and Regulations
■ United States Treaties and Other International ● Rules and Regulations promulgated by administrative agencies are cited
Agreements by name of agency (where there is an abbreviation for the agency, use
● U. S. T. abbreviation or acronym) + the designation employed in the rules
(“administrative order “, “order”, “circular” “bulletin”, “rules and regulations”,
Presidential Acts etc.), serial number, and year of promulgation in parenthesis.
● Presidential acts are cited in the following manner, giving the source of ● The designation “Rules and Regulations” is abbreviated as “Rules & Reg.”
publications Or “reg.” Followed by a reference to section or paragraph. Where the
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promulgating agency is a Department, indicate, where appropriate, the ● decisions of administrative tribunals
implementing bureau or office. ● decisions of legislative tribunals
○ Examples​: ● rulings of board and commissions
■ DCI (Cooperatives) Adm. O. No. I (1963) ● rulings of administrative officers
■ DNR (Forestry) Adm. O. No. 26 (1976)
● opinions of legal officers of the government
■ Labor Employment Service Reg. No. 3 (1966)

Ordinances
● Cite provincial and city ordinances in the following manner: Name of the
municipal or provincial Unit, serial number of ordinance, and date of B. The Philippine Court System
adoption. ● Under the 1987 Constitution of the Philippines in Article VIII, Section 1, the
○ Example​: judicial power is vested in one Supreme Court and such lower courts as
■ Manila Ordinance 6120, Jan. 26, 1967. may be established by law
○ Appendix II Shows the courts in the Philippines as established by
Court Rules the Judiciary Reorganization Act of 1980 as amended.
● Rules of Court is cited as a code. When the rules are no longer in force,
add year of effectivity in parenthesis. C. Case Law Materials
○ Examples​: ❖ Conventional Decisions
■ RULES OF COURT, Rule 130, sec. 2, par. (a).
■ RULES OF COURT (1940), Rule 19, sec. 7, par. (b). ● Decisions of the Supreme Court
■ When the Supreme Court renders a decision, a written
opinion or memorandum exemplifying the ground, and
I​V. Research in Case Laws scope of the judgment of the court shall be filed with the
A. Concept, Scope, and Classification of Case Law Clerk of Court and shall be recorded by him in an opinion
● Case Law - refers to a great class of official literary manifestations of law book;
made up of cases decided by persons and agencies of the government ■ When the court shall deem a decision to be of sufficient
performing judicial and quasi-judicial functions. importance to necessitate publication, the Clerk shall
○ Judicial decisions - provide the second important set of rules, furnish a certified copy of the decision to the Reporter.
which have the force and effect of law consisting of those legal ■ The ​Reporter prepares and publishes with each reported
principles emanating from the decision of courts of justice. decision a concise synopsis of the facts necessary to
● Case law may be divided into: clear understanding of the case, stating the names of
○ Conventional Decisions - decisions which emanates from counsel, together with the material points raised and
regularly or specially constituted courts of justice. determined, citing each case, which shall be confined as
○ Subordinate Decisions - decisions made in accordance with law, near as possible to points of flow decided by the courts on
by administrative and legislative tribunals. the facts of the case without necessity of reciting the facts.
● Case law is classified as follows:
● decisions of regular courts of justice ● Official Repositories of Decisions of the Supreme Court
● decisions of special courts of justice

11
○ A law report that is ​official is printed under the supervision of an ○ Philippine Reports (REPRINTS) - Reports were reprinted due to
authorized government agency. the destruction of libraries and reserved copies of the Philippine
○ The decisions of the Supreme Court appear in three publications, Reports in the Bureau of Printing during the war.
namely: ■ SC entrusted the Undertaking to the Lawyers’ Cooperative
● Advance Sheets Publishing Co., Which by photo-offset process, reprinted
● Official Gazette the first 74 volumes of the PH Reports.
● Philippine Reports ○ Jurisprudencia Filipina - Spanish edition of the PH Reports, also
○ Advance Sheets - As soon as decisions of the supreme court printed by the Bureau of Printing.
become final they are published in advance sheets in ■ It is arranged in the same order as that of the PH Reports,
mimeographed or PHOTOCOPIED form. They are made each volume containing the same case as published in
available to the bench and the bar at the earliest date possible the corresponding volume of the PH Reports.
much earlier than their publication in the Official Gazette. ■ Its publication was discontinued during the war to the
present.
○ Official Gazette - Is an official publication of the government
printed by the National Printing Office.
■ Decisions of the Supreme Court are published under the ● Unofficial Reporting of SC Decisions
section “Decisions of the Supreme Court” ○ Philippine Decisions - Unofficial law reporting in the PH is
■ ALL decisions of the SC were published in the O.G. exemplified by the publication known as Philippine Decisions.
Although at present, not all are found in the O.G because ■ Which selected the leading cases reported in Vols. 1 to 54
of the volume of the decisions promulgated by the SC. of the PH Reports and collected them in 10 volumes.
○ Philippine Reports - Decisions of the Supreme Court from August ■ Served as an economical unit of the Reports.
8, 1901 are published in the Philippine Reports, printed by the ○ Philippine Reports Annotated - A private publication in 33 volumes
National Printing Office. corresponding the volumes 1 to 33 of the PH Reports.
■ Decisions are arranged according to the date of their ■ The cases reported are annotated by the publisher with
promulgation legal principles from cases subsequently decided by the
■ as soon as there are about 750 pages of the decisions court, bearing on the points of law enunciated in the case
published in the OG, the Reporter gathers them and reported
publishes them in the Philippine Reports. ● With the use of this annotated edition, the
○ Decisions of the SC during the Japanese researcher is informed whether the decisions has
Occupation were not preserved been cited in a subsequent decision and whether
completely (Some decisions are found in such subsequent decision as adopted or
Volumes 73 - 74 of the PH Reports) overruled the legal principle in the earlier decision.
○ After the war, it resumed the printing of ○ Philippine Reports Annotated (Central) - Central Book Supply
Volume 75 - 110, which covered the publishes this PRA.
decision promulgated from Nov 23, 1962 ■ It hopes to republish and annotate SC decisions from
to Jan 31, 1961. 1901 to January 31, 1961 totaling 110 volumes.

12
○ Supreme Court Reports Annotated (SCRA) - is the Leading ■ the Table of Contents lists all the cases promulgated each
private publication at present of SC decisions. month; arranged according to the dates of promulgation:
■ Central Lawbook Publishing Co., and the Book SUpply ● stating the “G.R. Number” date of promulgation,
Inc., Containing all the decisions of the SC starting with ● title of the case and the ​ponente​, and
the year 1961, published it. It has now 363 volumes, the ● corresponding page in the volume where each
latest containing SC decisions decided in 2001. case may be found.
● each volume contains a table of cases reportedly ■ Each decision is published in FULL and is preceded by an
arranged in alphabetical order with the page expertly prepared syllabus. At the end of each volume is
number of the case given; the arrangement in a subject index.
alphabetical order is also given in the reverse ○ Philippine Law and Jurisprudence (PHILAJUR) - publication
form. started in Nov 1977 reporting both law and jurisprudence,
● Cases published in each volume are arranged ■ Publisher: Current Events Digest Inc.
according to the date when the decisions was ■ Each volume of PHILAJUR consists of 5 parts:
promulgated. ● Legislation
● the main body of each case includes the name of ● Supreme Court decisions
litigants, the case number and the date of ● Digest of Court of Appeals Decisions
promulgation. ● Legal Articles
■ Important contents of this set: ● Indexes
● annotation on important legal questions ■ It has ceased publication.
● giving the state of the law on important questions ○ Supreme Court Unpublished Decisions (SCUD) ​- This publication
● their historical development and application contains the unpublished decisions of the PH Supreme Court.
● authoritative and comprehensive syllabi for each ■ This is compiled by Judge David G. Nitafan and the
reported case Editorial Staff of the Central Lawbook Publishing Co., Inc.
● subject-index at the end of each volume which is ● Volume 1 contains unpublished SC Decisions
alphabetically arranged from March 1946 to Feb 1952
● a set of 4 volumes of ​Quick Index Digest ● Volume 2: March 2, 1952 to March 30,1954
● SCRA ​Annotations,​ a helpful guide in the unpublished decisions
instructive annotations and opinions on significant ○ Supreme Court Advance Decisions (SCAD) ​- it publishes all
SC decisions decided cases promulgated by the supreme court.
○ Supreme Court Decisions (SCD) - A publication of the decisions of ■ It is published monthly, immediately after the decisions
the SC of the PH, starting January 1, 1982. are promulgated, the petitioners and the students have
■ the decision of SC each month are compiled in one ready access to the latest available decisions rendered by
volume under the editorship of Atty Jose N. Nolledo and the SC.
published by the National Book Store. ○ Supreme Court Excerpts (SCEX) ​- the book attempts to combine
■ decisions of the SC are published according to date of the strengths of the various publications containing 410 Supreme
their promulgation. Court excerpts extracted from 304 SC decisions and resolutions
promulgated from Sept 3, 1996 to January 31, 1997.

13
■ the book is authored by Atty. Aristotle T. Dominguez of Court of the Court of Appeals is the repository of all of the Court
■ Published by Rex Book Store of Appeals decisions.
○ Summary of Supreme Court Rulings ​- this work aims to provide ○ Following are the publications for cases decided by the Court of
the law students especially those who are preparing to take the Appeals:
bar examinations supplementary reading materials on the latest ■ Appellate Court Reports
rulings of the SC. ● Decision of the Court of Appeals (CA) were
■ the SC rulings are collated into eight chapters originally published in the Appellate Court Reports
corresponding to the 8 bar examinations subjects in the by the Court Reporter
order the Supreme Court gives them ○ Volume 1 - embracing the decisions of the
■ the book is authored by: Atty. Daniel T. Martinez Appellate Court from Feb 29, 1936 to Dec
○ Citations: Excerpts of Supreme Court Decisions ​- this publication 29, 2936
is authored by Lerio Caballero Castigador. ○ Volume VIII - Jan 8, 1947 to June
■ It has six volumes: 30,1947
● Volume 1: July-December 1990: Abuse of ■ Advance Sheets
Discretion to Words and Phrases ● Decisions of the CA had been published in
● Volume 2: January-April 1991: Abuse of Advance Sheets starting Jan 1960, but was
Discretion to Workmen's Compensation discontinued in 1963
● Volume 4: Sept-Dec 1991: Actions to Workmen's ■ Official Gazette
Compensation ● When the Court deems a decision to be sufficient
● Volume 5: Jan-April 1992: Eight Bar Subjects importance to require publication, the Clerk of
● Volume 6: May-August 1992: Eight Bar Subjects Court furnishes a certified copy of the decision of
○ The Sandiganbayan Reporter ​- It contains all cases decided by the Reporter who prepares a syllabus for each
the Supreme Court involving the Sandiganbayan. case to be published w/ the cooperation of the
■ Authored by: Atty. Rufus Rogriquez author of the decision and is responsible for its
○ The PCGG Reporter ​- it contains SC decisions involving the publication in the OG
Philippine Commission on Good Government (PCGG). ■ Court of Appeals Reports
■ Starting from the first case of Cruz, Jr. v. PCGG, May ● Reports containing the decision of the CA has 25
27,1968 to Romualdez v. Sandiganbayan, May 16, 1955 volumes from 1961 to 1980
● Last volume was Vol. 25
● Decisions of the Court Appeal ● Last case reported was People v. Estonia, Dec
○ Serves as our immediate appellate court. 1980
○ Decisions of the Court of Appeals are merely persuasive on lower ● Has the same feature as those of the Appellate
courts. They are cited in cases where there are no Supreme Court Reports
Court decisions in point. In this regard, they are considered as ■ Court of Appeals Reports Annotated
judicial guides to lower courts and that conclusion or ● Contains selected decisions of the CA
pronouncement they make can be raised as a doctrine. The Clerk

14
● It is compiled, annotated, and edited by the ■ Each Tribunal is composed of 9 Members
editorial staff of the Central Lawbook Publishing ● Justices of the SC - 3 Members (assigned by the
Co., Inc. Chief of Justice)
● Members of the Senate and House of Rep. - 6
● Decisions of the Sandiganbayan Members
○ It is a collegiate trial court established by the Constitution to try
crimes by public officers, published the Sandiganbayan Reports ● Administrative Agencies Exercising Quasi-Judicial Powers
in 1980 which contained its decisions from December 1979 to ○ Agencies with ​implied​ quasi judicial powers
February 1980 ■ agencies mostly with investigative functions
● Decisions of the Court of Tax Appeals ● Department of Foreign Affairs
○ Under Rep. Act. No. 1125, The Court of Tax Appeals was ● Commission on Immigration and Deportation
established, With exclusive appellate jurisdiction over tax and ● Office of the President
custom cases. ● Secretary of Justice
■ the decision of the Court are subject to review by the SC ● National Wages Council
■ the Tax Court is directed by law to provide for the ● PH Patents office
publication of its decisions in the official gazette in such ● Bureau of Land Transpo
form and manner as may be best adapted for public ● Civil Service Comm.
information and use ● Professional Regulatory Comm. and Tanodbayan
○ Agencies with ​express​ quasi judicial power
● Decisions of the Regional Trial Courts ■ Agencies which are actually given judicial functions over
○ Their decisions have not been published in official reports or in cases which would otherwise go to the regular courts of
books of secondary authority. justice where it not for the grant of such powers of these
agencies
● Decisions of the Metropolitan Trial Court, Municipal Trial Court and ■ sometimes characterized with specific appeal procedures
Municipal Circuit Trial Courts under the law
○ Their decisions have not been published in any official report or ● Insurance commission
publication. their respective courts themselves are the only places ● the national labor relations commission
where their decisions are found ● commission on election
● government service insurance system
❖ Subordinate Conditions ● social security system
● natural seamen board
● The Senate Electoral Tribunal and the House of Representatives ● commission on audit
Electoral Tribunal ● employees compensation commission
○ The 1987 Constitution in section 17, provides that the Senate and ● civil aeronautics board
the House of Representatives shall have an Electoral Tribunal,
which shall be the sole judge of all contests relating to the election D. Citation of Case Law
returns and qualifications of their respective Members. ● Case Names

15
○ General Rule - Cites cases by giving the surname of the parties, People v. ____; depending upon the title of the
the volume, title and page of reports, and the year of promulgation case
in parenthesis. Abbreviate versus as V. when used in the text, ● Examples:
underscore the title of the case ( if printed, italicize); and place the ○ Government v. Abadinas
source or citation in the footnote. ○ Commonwealth v. Corominas
● Example: ​Ariaga v. Javellana, 9 ​ 2 Phil.330 (1952) ○ Republic v. Carpin
○ if two or more actions are consolidated in ○ US v. Jaranilla
one decision, site only the first listed. ○ People v. Santos
○ Exceptions​: ■ Cite Cases involving public officers or offices as follows:
■ Cite Islamic and Chinese names in full. as to those with ● where the person is named in his official capacity,
Christian first names, follow the general rule. give the name of the person only.
● Examples: ○ Examples:
○ Lim Siun Tek v. Ladislao ​not ​Lim v. ■ City of Manila v. Subido n ​ ot City
Ladislao of Manila v Subido, I​ n his
○ Wong v. Dizon ​not ​Joseph Wong v. Dizon capacity as civil service
○ Una Kibad v. Commission of Elections commissioner
not ​Kibad v. Commission of Elections ■ Gonzales v. Hechenova n ​ ot
■ Cite compound names in full. Gonzales v. Executive Secretary
● Examples: ● Where The office is names, give the complete
○ People v. De la Cruz ​not ​People v. Cruz name of the office.
de la ○ Examples:
○ Abad Santos v. Auditor General ​not ○ Collector of Internal Revenue v. Tan Eng
Santos v. auditor general Hong
○ Galeos-Valdehuesa v. Republic n ​ ot ○ Chief of Phil. Consultancy v. Sabungan
Valdehuesa vs. Republic Bagong Silangan
■ Always cite names of corporations, associations, ○ Board of Election Inspectors of Tolosa v.
business firms and partnerships in full. words forming part Piccio
of such names may be abbreviated, accept the first word ○ Assistant Executive Secretary v. Sarbro &
● Examples: Co.
○ Mata v. Rita Legarda Inc. ■ Always cite Municipality of _____, City of _____. Province
○ Allied Workers Ass’n of the Phil. v. of _____, as they appear in the decisions.
Republic Trading Corp. ● Examples:
■ Cite cases involving the government of the philippines and ○ Province of Rizal v. RTC
criminal cases as follows: ○ City of Cebu v. Ledesma
Government v. _____; Commonwealth v. _____; ○ Municipality of Mandaluyong v. Bautista
Republic v. ____; US v. ____;

16
■ Cite case names beginning with procedural terms like ex ■ Example: ​Estepa v Diansay, G.R.
parte, ex rel ​and in re as they appear in the decisions. No. 14733, September 30,1960
Use ​In re​ instead of in the matter of. ○ For Disciplinary cases against
● Examples: attorney-at-law:
○ Ex parte Miligan ■ Cite as: G.R. Adm. Case No. ___,
○ In re Garcia Date of promulgation
○ US ex rel Greathouse v. Smith ■ Example: ​In re Mallare , G ​ .R.
Adm. Case No. 533, April 29,
● Case Reports 1968
○ Supreme Court Decisions ○ For disciplinary cases against judges:
■ When the decision is already found in the official ■ Cite as: Cite as: G.R. Adm.
published Philippine Reports, indicate only the PH Report Case/Matter No. ___, Date of
citation. promulgation
● Philippine Reports ■ Example: ​Secretary of Justice v.
■ Cite as: Phil. page (year) Catolico, G​ .R. Adm. Case No.
■ Example: ​Diaz v. Estera, 78 Phil. 203-J Adm. Mater No. 625-CFI,
637 (1947) November 18, 1975
● Official Gazette
○ Cite G.R. docket no. and date of ○ Court of Appeals Decision
promulgation before the OG citation ■ Appellate Court Reports (v.2, 1937 and v.8, 1947 are the
■ Cite as: G.R. No. ___, date only ones published
promulgated, volume OG. Page ● Cite as: volume C.A. Rep. page (year)
(Month & year of issue) ● Example: ​Chunaco v. Singh​, 8 C. A. Rep. 488
​ .R.
■ Example: ​Espiritu v. Rivera, G (1947).
No. 17092, September 30, 1963, ■ Court of Appeals reports, Second Series
62 OG. 7226 (Oct.,1966) ● Cite as: volume C.A. Rep. 2d page (year)
○ If the decision is found in a supplement, ● Example: ​Flores v. Valpeña, 2 C.A. Rep. 2d 64
indicate supplement number, page and (1962).
date of issue. ■ Court of Appeals General Register (C.A.-G.R.) - Advance
■ Example: 46 O. G. Supp. No. 11, decisions of the Court of Appeals.
22 (Nov., 1950). ● Cite as: C.A.-G.R. No. _________ -R, CV, CR or
● General Register (G.R.) - Advance decisions of SP, date of
the Supreme Court ● Example: ​Caliboso v. Bueno​, C.A.-G.R. No.
■ Cite as: G.R. No. ____, Date of 20401-R, April 8, 1960.
promulgation, omitting the L- ■ Official Gazette
which refers to post-liberation
decisions

17
● Cite as: C.A.-SP or CR or CV No. ■ Municipal Trial Courts and Municipal Circuit Trial Courts
______________, (date of promulgation, volume Decisions
O.G. page (month & year of issue). ● Cite as: MCTC or MTC (Place) Crim. Case No.
● Example: ​Manila Electric Co​. v. ​Allarde,​ C.A.-SP ____________, date of promulgation.
No. 11850, May 15, 1987, 86 O.G. 3447 (May, ● Example : ​People v. Soliven,​ MCTC
1990). (Paoay—Currimao, Ilocos Norte) Crim. Case No.
992-C, November 11, 1983
■ Shari’ah District and Circuit Courts
● Cite as: Shari’ah Dist./Circ. Ct. (place), date of
○ Other Courts promulgation
■ Sandiganbayan Decisions ● Example: ​Al-Awadhi v​ . ​Rulona,​ Shari’ah Dist. Ct.
● Cite as: Sandiganbayan Crim. Case No. (Marawi City) Special Proceeding No. 011-87,
________, date of promulgation, volume September 15, 1988.
Sandiganbayan Rep. page (year of issue). ● Administrative Decisions
● Example: ​People v​ . ​Sabarre​, Sandiganbayan ○ Cite by the name of the agency (when there is an abbreviated
Crim. Case No. 001, December 12, 1979, 1 form, use abbreviation or acronym), case number and date of
Sandiganbayan, Rep. 305 (1979). promulgation.
■ Court of Tax Appeals Decisions ● Examples: ​Tinio v​ . ​Dizon,​ DANR Case No. 2734,
● Cite as: CTA Case No. _________, date of April 24, 1967. In re Colorado, CSC Adm. Case
promulgation. No. R-27182, September 29, 1964.
● Example: ​Abad v​ . ​Commissioner of Internal ■ For unofficial reports of cases, cite by volume, abbreviated
Revenue,​ CTA, Case No. 717, June 4, 1963 citation of the Reports as indicated by publisher, page and
■ Regional Trial Court Decisions year.
● Cite as: RTC (Place & Branch No. ) Crim. Case or ● Example: 46 S.C.R.A. 160 (1972)
SP No. ● Some unofficial Philippine Reports, cite as:
R- __________________, date of promulgation. ○ Court of Appeal Reports Annotated
● Example: ​People v. Johnson​, RTC (San Jose, ■ C.A.R.A
Occidental Mindoro, Br. 45) Crim. Case R-1681, ○ NITAFAN’s Supreme Court Unpublished
August 6, 1984. ​In re Morales, ​RTC (Dagupan Decisions
City, Br. 43) SP-2472, December 7, 1989. ■ S.C.U.D.
■ Metropolitan Trial Courts Decisions ○ Philippine Decisions
■ Phil. Dec.
● Cite as: Me TC (Place & Branch No.) Civil or
○ Philippine Law decisions
Criminal Case No. ______________, date of ■ P.L.D
promulgation. ○ Philippine Law and Jurispudence
● Example: ​Shell Distribution Co., Inc​. v. ■ PHILAJUR
Balmaceda​, Me TC (Manila, Branch X) Civil Case ○ Philippine Reports Annotate
No. 59563, July 20, 1982. ■ P.R.A
○ Supreme Court Decisions
18
■ S.D.C ○ Treaties are written in the form of outlines
○ Supreme Court Reports Annotated
■ S.C.R.A C. Legal Encyclopedia

V. Search Books or Law Finders ○ They are designed to supply in concise form, brief but
comprehensive statements of the current law topics combined into
A. Introduction one sequence
○ These books simply indicate to the researcher where he can find ● Is designed for practicing lawyers
certain cases or certain collection of case, presumably pertaining ○ Topics found in legal encyclopedias are arranged alphabetically.
to a particular subject of the law give some information regarding Under each main topic are various subtopics that further divide the
cases or status other than contents legal points under the topic.
○ these books serve as guideposts in the search for authority ● Ways to locate information in an encyclopedia:
■ Types of Search books: ○ General index
● Legal textbooks ○ Topic approach
● Legal encyclopedia ○ Volume index
● Law Dictionaries ○ Table of authority
● legal digests ● Encyclopedias are classified as:
● legal periodicals ○ National encyclopedias
● Citators ○ Local encyclopedias
○ There are finding tools for statutes and there are case finders that ■ In the Philippines,TWO publications can be classified as
are indexes and digests LEGAL encyclopedias
● Alvir’s Encyclopedia of Philippine Laws and
B. Legal Textbooks
Venidas
● Encyclopedia of Philippine Laws and
○ Legal textbook is one which summarizes the present status of the
Jurisprudence
law for professional use or the development and the general
principles of the existing law for study and reference.
D. Law Dictionaries
■ Two main purpose:
● textbook written for the lawyer in his practice ○ A law dictionary is composed of terms words and phrases with
○ Is a compilation of provisions of law and their definitions
court decisions pertinent to the subject of
which it treats
● textbook prepared for the student of law
○ More concerned with the choice of ○ It is also defined as a book which is arranged alphabetically and
authorities than with their number defined words which constitute the terminology of the law as a
○ Statutes dealing w/ subject are given special branch of knowledge of common words which have been
verbatim defined in the process of lawmaking judicial interpretation or
administration of the law.
19
■ Law dictionaries are sometimes called ○ It can help sort through apparently confusing cases or complicated
mini-encyclopedias. statutory developments and provide a rationale for the law. It gives
● Very helpful in obtaining useful authorities in a researchers Additional insight into law
quick manner ○ Some legal periodicals provide information about the law, opinions
■ Leading law dictionary in the PH is the PHILIPPINE LAW or analysis of law.
DICTIONARY by Justice Federico B. Moreno. ○ To search for specific legal periodical articles, one uses the
● The book is a collection of words and phrases indices that are available. The two most commonly used indices
classified in dictionary A to Z form, as legally and are:
judicially defined and accepted particularly by the ● Index to Legal Periodicals ok
Supreme Court ● Current Law Index
■ There are no available published index to legal periodical
E. Legal DIgests and Indexes articles in the PH

○ Legal Digest - is a compilation of paragraph containing concise G. Citators


statements of legal principles which may be deduced from
statutory enactments to form a digest of statute law or which may ○ This step involves making sure the legal rules research is still a
be gathered from careful study of the decision to form a digest of valid law .
case law grouped under appropriate headings which are arranged ■ Shepardizing - ​Is the most widely used method of
alphabetically. updating the law. When used as a verb, it refers to the
■ Consists of statement of facts of the case and principal process of consulting the shepherd's citation volume for
law the complete history and treatment of the case by other
○ Indexes - topically arranged finding tool for statutory and case courts.
laws. ● Main purpose of consulting Shepard’s Citation is
to bring the case up to date.
F. Legal Periodicals ● Shepherd’s will indicate if the case has been
affirmed modified or reversed on appeal. Also,
○ Legal periodicals are journals of articles written by judges, Shepherd’s will indicate how your case has been
professors, law students, and legal experts on various legal topics. treated in subsequent decisions of the same
■ Can be published weekly, monthly, quarterly, or annually court.
■ Can be published in paperback format ● A case must always be shepardizing to ensure
○ Many law schools have a group of top law students who publish a that it is still a good law and has not been
law review for their school. overturned or modified by a subsequent decision.
■ Law Review - may publish articles written by professors or ■ Published citators in the Philippines
by students (UP Law and ALS) ● Philippine Citation - Alberto Dizon
○ they are scholarly and provide considerable depth about issues of ● Philippine Citation - Arturo Paras
current interest.

20
VI. Computer Assisted Legal Research (CALR) ● Patterned after the PH Reports, this CD ROM
publication contains text of available case syllabi
A. Internet and On-Line Services and sypnoses, and over 35,000 judicial opinions
○ Information technology revolutionizes the traditional way of ■ Vol. 4 - Department of Justice (Opinions of the Secretary)
research in law. At the present time databases in law and other ● First release of 1997
system can easily be accessed via the Internet. ● For the first time, the complete collection of
○ The internet provides us with new research opportunities for legal opinions of the PH Secretary of Justice since
and non-legal research prompting new , applications and law firms 1939 is available in easy reference and research
and business. form
■ Vol . 5 - Local Autonomy and Local Government
B. CD-ROM ● The first multimedia compact disc of the series
● contains a thematic compilation of policy
○ CD Technologies Asia, Inc. (CD Asia) - Is one of the leading instruments on the subject
companies in the emerging industries of electronic publishing and ● features full text information issued and
actively pursuing the publication of CD/ROM titles on specific or promulgated by the supreme court, by the three
specialized topics in law has these following publications called constitutional commissions and 30 national
Lex Libris Series government agencies and offices.
■ Vol. 1 - Laws (PH Edition) ■ Vol. 6 - Environment and Natural Resources
● Featured in this publication are full-text versions ● First and most comprehensive collection of info
of the PH constitutions, republic acts, mga batas from the DENR published in CD-ROM
pambansa, presidential decrees, executive ■ Vol. 7 - Labor and Social Legislation
orders, presidential proclamation and letters of ● Contains related statutes and jurisprudence as
instructions well as issuances from the Department of Labor
■ Vol. 2 - Taxation (PH Edition) and Employment (DOLE)
● by far the most comprehensive publication on the ■ Vol. 8 - Elections
subject taxation. ● contains statutes, presidential issuances, DOJ
● contains the ruling, opinions, memoranda, opinions and jurisprudence related to the topic of
circulars, VAT Ruling and official acts of the elections.
bureau of internal revenue (BIR) as well as ● implementing rules and regulations of electoral
international tax treaties and local tax ordinances tribunals, comelec rules and procedure, electoral
○ Related laws, decisions of the SC, CA, tribunal decisions, and commissions on elections
and Court of Tax Appeals, executive issuance are likewise contained in this cd-rom
issuances publication
■ Vol. 3 - Jurisprudence (The SC Reports) ■ Vol. 9 - Trade Commerce and Industry
● Decisions of the supreme court, since 1901. ● collection of materials on trade, banking and
finance, capital markets, insurance and
intellectual property.

21
● also contains compilation of pertinent Supreme ■ Impeachment Proceedings Against Pre. Joseph E.
Court decisions, laws, issuances of various Estrada
agencies (DTI, Board of Investments, DoF, ● transcript of the historic impeachment
bureau od customs, Bangko Sentral, PH Stock proceedings against former president Joseph
Exchange) Estrada.
■ Vol. 10 - Securities and Exchange Commission (SEC) ○ with an interactive presentation of the
● Contains SEC related laws and jurisprudence, articles of impeachment and witnesses'
SEC opinions, SEC cases, , other SEC issuance’s testimonies
namely: ORDERS, MEMORANDA, CIRCULARS, ○ Gigabytes Research Systems, Inc. (GRSI)
and RULES and REGULATIONS ■ digitized and first published PhilJuris Professional - a
■ Vol. 11 - Family Law CD-ROM containing the entire collection of over 35,000
● Has features such as a subject index and an reported Supreme Court resolutions from 1901 to 1995
interactive topical outline. ● Released its second title PhilJuris Students’
● Contents include: Pertinent laws, Jurisprudence, Reference Edition (SREd). It is an electronic
presidential issuances, rules and regulations, compilation of electronic compilation of SC
international treaties and agreement, as well as rulings from 1960 to 1994.
other materials that deal with FAMILIAL ● has been designed exclusively for students’ use
RELATIONSHIPS. ■ Also released PhilJuris Network Version through Lotus
○ Other titles in CD-ROMS of CD-Asia: Notes to further advance the standards of
■ Lex Libris Student Edition (LLSE) computer-based legal research
● Specifically offered to students. ○ ACCESSLAW, INC.
● Comprised of materials pertaining to the subject
taken in each year of law school.
■ Bangko Sentral ng Pilipinas (BSP)
● First and only compilation of its kind that includes C. PHILIPPINE WEBSITES
index of economic laws and banking regulations,
bsp manual of regulations for banks and financial ○ www.supremecourt.gov.ph
intermediaries, and bsp memorandum circulars, ■ The PH Supreme Court’s official site.
orders, letters, notices and other regulations. ■ Contents of the SC’s site:
■ National Administrative Register (1900 to 2000) ● Contains the full text of the 1987 Constitution, the
● Compilation of rules and regulations from different Rules of Court (including Revised Rules of
administrative agencies & bureaus filed with the Criminal Procedure) and a complete listing of SC
Office of the National Administrative Register Circulars and orders from 1973-2001.
■ Proceedings of the 1986 Constitutional Commission ● Section on Jurisprudence contains latest
● contains the records and journals of the 1986 decisions and the Court’s minutes (Dec 2000- Feb
Constitutional Commission w/ related issuances. 2001)

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● “Bar Matters” contains list of the last successful supreme court, the solicitor general and office of
bar examiners, bar topnotchers and their school, the president
as well as an alphabetical listing of members of
the PH Bar
● Decisions resolutions and announcement of
general interest promulgated by the court since
July 2002
○ www.disini.ph
■ Official website of the Disini and Disini Law Office.
■ Contents of the site:
● Comprehensive listing of materials on
e-commerce in other e-legislations
● e-commerce act and its implementing rules and
regulations and a list of pending bills with
respect to e-commerce and intellectual property
● also features interesting articles concerning
emerging international and local legal issues with
respect to cyber laws, cyber crimes and the
internet in general
○ www.chanrobles.com
■ Maintained by the Chan Robles Firm
■ Contents of the site:
● Chan Robles Virtual Library
○ virtual utopia to any filipino legal
researcher
● Comprehensive listing of law-related materials
arranged by topic featuring the full text of laws
and jurisprudence
● has links to global online resources classified by
country and topic including global jurisprudence,
links to the UN and the ICJ websites, as well as
schools, universities, bar orgs, and law firms
○ www.Pinoylaw.com
■ “Your window to PH Legal Information and Solutions”
■ Site contains:
● Section on jurisprudence, list of republic acts and
other laws, Vital links to the official websites of the

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