LEGAL RESEARCH NOTES avrielle

LEGAL RESEARCH1 defined:

- is the process of finding the laws, rules and regulations that govern activities in human society.
- it involves locating both the laws and rules which are enforced by the State and the commentaries which
explain or analyze these rules.
- the investigation for information necessary to support legal decision making.

A. CASE DIGESTING2
1. PARTS OF A SUPREME COURT DECISION3
i. Caption4
ii. Date5
iii. G.R. No.6
iv. Ponente7
v. Dispositive Portion8
vi. Separate9/ Concurring10/ Dissenting Opinion11

2. PARTS OF A CASE12 DIGEST

i. Facts
- The 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 those facts that are relevant to the issue the court must decide and to the reasons for its
decision.

ii. Issue/s
- the issue is the question that the court must decide to resolve the dispute between the parties in the
case before it

iii. Ruling
- The ruling is the court's decision on the question that is actually before it
- Resolution of the issue
- The ruling is supported by the court's reasoning explaining and supporting the court's decision.
- The court may make a number of legal statements, but if they do not relate to the question actually
before it, they are dicta

3. CASE DIGESTING13
- remember your subject matter or topic
- write the title of the case14

1 Legal Research, Rufus Rodriguez, 2002

2 A law school case brief is a student's digest or condensation of a reported case. There is no one "correct"
form for a case brief since it is a document that is created to meet the student's needs, i.e., to serve as a
reference in class and, together with class notes, the major tools of course review at the end of the semester.
(Legal Research, Rufus Rodriguez, 2002)
3
Importance of reading decisions
- Enhance legal analytical skills and improve legal writing skills
- Acquire more knowledge about the law
- Learn about interpreting a provision
- Know more about the process of hearing and trying cases; litigation
4 SUPREME COURT

Manila
EN BANC
5 October 15, 2010
6 A.M. No. 10-7-17-SC
7 Writer of the decision
8 wherefore, in light of the foregoing part of the decision
9 an opinion where the justice agrees with the decision but has some points or reasons different from the

ponente
10 an opinion where a justice generally agrees with the majority opinion but want to make a specific point

that the majority chose not to

11 the kind of opinion when the justice writing it disagrees with the result of the majority opinion or decision
12 What is a case?

- Decisions rendered by the Supreme Court

- There is a conflict or dispute between parties
- The parties were not able to resolve the conflict or dispute on their own; not subject to compromise
- There is a judicial intervention
13 Importance of case digesting

- Enhance analysis and learning

- Better understanding of the case
- Improve memory
14 Note that some cases have the same title which is why it is better to write the GR No as well

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• statement of facts
o write only the relevant facts; state the parties to the case, provide their relationship if applicable
o mention the things that happened to the parties
o mention the procedural matters involved15 (if applicable)
• statement of issues
o substantive issue: question of law decided by the court
o procedural issue: question on matters of procedure; manners by which you follow
• ruling of the court
o judgment of the court; answer of the SC
o legal principle applied by the court
o the reasoning of the court in applying the legal principle
* dissenting/concurring opinion
- summarize in 3 sentences

B. PROFESSIONAL OBLIGATION WITH RESPECT TO LEGAL RESEARCH

1. Practice of Legal Profession is a privilege and not a natural right
Practice of law is not a right but a privilege bestowed by the State upon those who show that they
possess, and continue to possess, the qualifications required by law for the conferment of such privilege.
Membership in the bar is a privilege burdened with conditions. A lawyer has the privilege and right to
practice law only during good behavior and can only be deprived of it for misconduct ascertained and
declared by judgment of the court after opportunity to be heard has been afforded him. Without
invading any constitutional privilege or right, an attorney’s right to practice law may be resolved by a
proceeding to suspend or disbar him, based on conduct rendering him unfit to hold a license or to
exercise the duties and responsibilities of an attorney. It must be understood that the purpose of
suspending or disbarring an attorney is to remove from the profession a person whose misconduct has
proved him unfit to be entrusted with the duties and responsibilities belonging to an office of an attorney,
and thus to protect the public and those charged with the administration of justice, rather than to punish
the attorney. (ALCANTARA VS DE VERA, A.C. No. 5859)

2. Legal Research is an essential lawyering skill

- process of finding a law/ principle/jurisprudence that can be applied to a case or legal
problem

3. Standard of legal research required

IN THE MATTER OF THE CHARGES OF PLAGIARISM, ETC., AGAINST ASSOCIATE JUSTICE DEL CASTILLO
- To plagiarize, says Webster, is "to steal and pass off as one’s own" the ideas or words of
another. Stealing implies malicious taking.
- Black’s Law Dictionary, the world’s leading English law dictionary quoted by the Court in
its decision, defines plagiarism as the "deliberate and knowing presentation of another
person's original ideas or creative expressions as one’s own."
- Loyola Schools Code of Academic Integrity: plagiarism is identified not through intent but
through the act itself. The objective act of falsely attributing to one’s self what is not one’s
work, whether intentional or out of neglect, is sufficient to conclude that plagiarism has
occurred. Students who plead ignorance or appeal to lack of malice are not excused.
- Harvey identifies four forms of plagiarism:
a) uncited data or information- committed when plagiarizing information that is not
common knowledge
b) an uncited idea, whether a specific claim or general concept- committed when
distinctive ideas are plagiarized even though you present them in a different order
and in different words, because they are uncited
c) an unquoted but verbatim phrase or passage- committed when you … borrowed
several distinctive phrases verbatim, without quotation marks…
d) an uncited structure or organizing strategy- committed when, though the words
and details are original, you have, however, taken the structural framework or
outline directly from the source passage … even though, again, your language
differs from your source and your invented examples are original

4. Rule 10.02 of the Code of Professional Responsibility

CHAPTER III. THE LAWYER AND THE COURTS
CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT.

Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the contents of a paper, the
language or the argument of opposing counsel, or the text of a decision or authority, or knowingly cite
as law a provision already rendered inoperative by repeal or amendment, or assert as a fact that which
has not been proved.

15 procedural judgement or history (MTC decisions, RTC decisions, CA decisions, etc)

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C. SOURCES OF LAW ACCORDING TO BRANCH OF GOVERNMENT

1. LEGISLATIVE DEPARTMENT (PH Constitution, Art VI)
- One of the three branches of the government
- Created by the people through the 1987 constitution
- Legislative power: power to enact, modify, amend, repeal laws
- Has two chambers: House of Representatives and Senate
- House of Representatives: not less than 250 district representatives + additional from partylists
- Senate: 24 senators, elected at large
- Law: rule of conduct

a. How laws are made (Art VI, Sec 24)

PH Constitution, Article VI
SECTION 24. All appropriation, revenue or tariff bills, bills authorizing increase of the public debt, bills
of local application, and private bills shall originate exclusively in the House of Representatives, but
the Senate may propose or concur with amendments.

Here are the various steps in the passage of a bill:

- proposal of a legislative measure (if originates from the House of Representatives, House
Bill; if originates from the Senate, Senate Bill)
- proposal is filed to the House secretary if HB/Senate secretary if SB
- referred to the plenary for calendar for first reading
- First Reading - Any member of either house may present a proposed bill, signed by him, for
First Reading and reference to the proper committee. During the First Reading, the principal author
of the bill may propose the inclusion of additional authors thereof.
- Referral to Appropriate Committee - Immediately after the First Reading, the bill is referred
to the proper committee or committees for study and consideration. If disapproved in the
committee, the bill dies a natural death unless the House decides other wise, following the submission
of the report.
- Second Reading - If the committee reports the bill favorably, the bills is forwarded to the
Committee on Rules so that it may be calendared for deliberation on Second Reading. At this stage,
the bill is read for the second time in its entirely, together with the amendments, if any, proposed by
the committee, unless the reading is dispensed with by a majority vote of the House.
- Debates - A general debate is then opened after the Second Reading and amendments
may be proposed by any member of Congress. The insertion of changes or amendments shall be
done in accordance with the rules of either House. The House may either "kill" or pass the bill.
- Printing and Distribution - After approval of the bill on Second Reading, the bills is then
ordered printed in its final form and copies of it are distributed among the members of the House
three days before its passage, except when the bill was certified by the President. A bill approved
on Second Reading shall be included in the calendar of bills for Third Reading.
- Third Reading - At this stage, only the title of the bill is read. Upon the last reading of a bill,
no amendment thereto is allowed and the vote thereon is taken immediately thereafter, and yeas
and nays entered in the journal. A member may abstain. As a rule, a majority of the members
constituting a quorum is sufficient to pass a bill.
- Referral to the Other House - If approved, the bill is then referred to the other House where
substantially the same procedure takes place.
- Submission to Joint Bicameral Committee - Differences, if any, between the House's bill and
the Senate's amended version, and vice versa are submitted to a conference committee of
members of both Houses for compromise. If either House accepts the changes made by the other,
no compromise is necessary.
- Submission to the President - A bill approved on Third Reading by both Houses shall be
printed and forthwith transmitted to the President for his action - approval or disapproval. If the
President does not communicate his veto of any bill to the House where it originated within 30 days
from receipt thereof, it shall become a law as if he signed it. Bill repassed by Congress over the veto
of the President automatically becomes a law.
-- 2/3 vote (separately) to override veto

i. Effect of inaction by the President

The failure of the President to communicate his veto of any bill presented to him within 30 days
after the date of receipt thereof automatically causes the bill to become a law. *Pocket veto
power: disapproval of a bill by inaction
ii. Effect of veto
The power vested in the President to disapprove acts passed by congress. The veto message to
the House where the bill originated explains his objections to the bill.

Purpose of veto:
1) To enable the executive department to protect its integrity as an equal branch of the
government and thus maintain an equilibrium of governmental powers. It strengthens the role
of the president in the enactment of appropriation laws; and
2) To provide a check on hasty, corrupt, or ill-considered legislation.

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b. Resolutions
- a formal expression of opinion, will, or intent by an official body or assembled group;
- not a source of a legal right;
- could be an interpretation of the law
• Simple resolution: if passed by either House for its exclusive use or purpose;
• Concurrent resolution: if passed independently in one House and ratified by the other in
the same manner as a bill; and
• Joint resolution: if approved by both Houses meeting in joint session but voting
separately (e.g. one proposing amendments to the constitution)

c. Statutes Enacted by the Legislative Bodies of the Philippines through the years

Philippine government under United States

Act Act 1900–1935
sovereignty
Commonwealth Act CA Philippine Commonwealth 1935–1946
1946–72, 1987–
Republic Act RA Republic
present
Presidential Decree PD Republic under Martial Law/Fourth Republic 1972–1986
Presidential
PP Republic under Martial Law 1972–1986
Proclamation
Batas Pambansa BP Modified semi-presidential republic 1978–1985
Executive Order EO Republic under Provisional Constitution 1986–1987

d. Effect of Publication (Civil Code, Art 2)16

Art. 2. Laws shall take effect after fifteen days following the completion of their publication in the
Official Gazette17, unless it is otherwise provided. This Code shall take effect one year after such
publication.

2. EXECUTIVE DEPARTMENT (PH Constitution, Art VII)

- Duty is to see to it that laws are faithfully executed
- Executive power: power to execute laws

a. Powers of the President relevant to legal research (Sec 1, 17)

i. Power of Control
POWER OF CONTROL18
Section 1. Power of Control. - The President shall have control of all the executive departments,
bureaus, and offices. He shall ensure that the laws be faithfully executed.

ii. Ordinance Power

EXECUTIVE ORDER NO. 292
ADMINISTRATIVE CODE OF 1987 19
CHAPTER 2
ORDINANCE POWER20
Section 2. Executive Orders. - Acts of the President providing for rules of a general or permanent
character in implementation or execution of constitutional or statutory powers shall be promulgated
in executive orders.

Section 3. Administrative Orders. - Acts of the President which relate to particular aspect of
governmental operations in pursuance of his duties as administrative head shall be promulgated in
administrative orders.

Section 4. Proclamations. - Acts of the President fixing a date or declaring a status or condition of
public moment or interest, upon the existence of which the operation of a specific law or regulation
is made to depend, shall be promulgated in proclamations which shall have the force of an
executive order.

16 Requirement for effectivity

17 Journal published by the executive department; can also be a newspaper of general circulation (but
must meet requisites)
18 Same definition from the constitution and from the administrative code
19 Promulgated by former president Aquino;
20 rule making power of the president; rules and implementation of a law;

Implementing rules and regulations: in order for a law to be effective, the executive department shall
promulgate IRR; cannot amend law but only create rules to be followed for its implementation; can also be
a source of law

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Section 5. Memorandum Orders. - Acts of the President on matters of administrative detail or of

subordinate or temporary interest which only concern a particular officer or office of the
Government shall be embodied in memorandum orders.

Section 6. Memorandum Circulars. - Acts of the President on matters relating to internal

administration, which the President desires to bring to the attention of all or some of the departments,
agencies, bureaus or offices of the Government, for information or compliance, shall be embodied
in memorandum circulars.

Section 7. General or Special Orders. - Acts and commands of the President in his capacity as
Commander-in-Chief of the Armed Forces of the Philippines21 shall be issued as general or special
orders.

iii. Treaty making

- treaty: binding agreement of states; subject of international law

- two views of the legal system:

a) Monist view of legal system: international law is considered as one with domestic laws
through ratification
b) Dualist view of legal system: needs a domestic law for international law to be applied
- doctrine of incorporation: adopting generally accepted principles of international law22 as part
of the law of the land
- doctrine of transformation: adopting generally accepted principles of international law by
transformation or enactment of domestic laws
- steps in treaty making23:
a. Proposal coming from other sectors of the government
b. Referral by DFA to another department or other
government offices and agencies
c. Issuance of full powers or special authority
d. Negotiation with respective representative
e. Signing of the agreement (authentication)
f. Ratification by the President
g. Concurrence by state24
h. Declaration or reservation
i. Notification of ratification
j. Entry into force

iv. administrative rulings

- executive power to implement, enforce, execute the laws
- in implementation of the law, admin offices are authorized to issue rulings with regard to the
implementation or execution of the law

3. Local Government Units 25 (RA 7160)

- general welfare clause:
Section 16. General Welfare. - Every local government unit shall exercise the powers expressly
granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or
incidental for its efficient and effective governance, and those which are essential to the
promotion of the general welfare. Within their respective territorial jurisdictions, local government
units shall ensure and support, among other things, the preservation and enrichment of culture1,
promote health and safety2, enhance the right of the people to a balanced ecology3,
encourage and support the development of appropriate and self-reliant scientific and
technological capabilities4, improve public morals5, enhance economic prosperity and social
justice6, promote full employment among their residents7, maintain peace and order8, and
preserve the comfort and convenience of their inhabitants9.

- local legislative power

Section 48. Local Legislative Power. - Local legislative power shall be exercised by the
sangguniang panlalawigan for the province; the sangguniang panlungsod for the city; the
sangguniang bayan for the municipality; and the sangguniang barangay for the barangay.

21 Does this include the PNP? No.

22 can be a source of right
23 president has the power to negotiate a treaty; prerogative whether or not he will enter into a treaty
24 has to be ratified by senate; 2/3 votes before it becomes binding in the Philippines; if ratified, can be a

source of law or authority

25 Local government units include: provinces, municipalities, cities, barangays

These are territorial and political subdivisions of the state

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- ordinance distinguished from resolution

As to nature
As to applicability
As to adoption
As to imposition of penalty
resolution ordinance
Expresses an opinion Prescribes rules of conduct
temporary General and permanent
Does not need to conform to Needs to conform to the three
the three reading rule reading rule
No sanction May impose sanctions

Section 54. Approval of Ordinances. -

(a) Every ordinance enacted by the sangguniang panlalawigan, sangguniang panlungsod, or

sangguniang bayan shall be presented to the provincial governor or city or municipal mayor, as
the case may be. If the local chief executive concerned approves the same, he shall affix his
signature on each and every page thereof; otherwise, he shall veto it and return the same with
his objections to the sanggunian, which may proceed to reconsider the same. The sanggunian
concerned may override the veto of the local chief executive by two-thirds (2/3) vote of all its
members, thereby making the ordinance or resolution effective for all legal intents and purposes.

(b) The veto shall be communicated by the local chief executive concerned to the sanggunian
within fifteen (15) days in the case of a province, and ten (10) days in the case of a city or a
municipality; otherwise, the ordinance shall be deemed approved as if he had signed it.

(c) Ordinances enacted by the sangguniang barangay shall, upon approval by the majority of
all its members, be signed by the punong barangay.

Section 55. Veto Power of the Local Chief Executive. -

(a) The local chief executive may veto any ordinance of the sanggunian panlalawigan,
sangguniang panlungsod, or sanggunian bayan on the ground that it is ultra vires or prejudicial
to the public welfare, stating his reasons therefor in writing.

(b) The local chief executive, except the punong barangay, shall have the power to veto any
particular item or items of an appropriations ordinance, an ordinance or resolution adopting a
local development plan and public investment program, or an ordinance directing the
payment of money or creating liability. In such a case, the veto shall not affect the item or items
which are not objected to. The vetoed item or items shall not take effect unless the sanggunian
overrides the veto in the manner herein provided; otherwise, the item or items in the
appropriations ordinance of the previous year corresponding to those vetoed, if any, shall be
deemed reenacted.

(c) The local chief executive may veto an ordinance or resolution only once. The sanggunian
may override the veto of the local chief executive concerned by two-thirds (2/3) vote of all its
members, thereby making the ordinance effective even without the approval of the local chief
executive concerned.

Section 56. Review of Component City and Municipal Ordinances or Resolutions by the
Sangguniang Panlalawigan.

(a) Within three (3) days after approval, the secretary to the sanggunian panlungsod or
sangguniang bayan shall forward to the sangguniang panlalawigan for review, copies of
approved ordinances and the resolutions approving the local development plans and public
investment programs formulated by the local development councils.

(b) Within thirty (30) days after the receipt of copies of such ordinances and resolutions, the
sangguniang panlalawigan shall examine the documents or transmit them to the provincial
attorney, or if there be none, to the provincial prosecutor for prompt examination. The provincial
attorney or provincial prosecutor shall, within a period of ten (10) days from receipt of the
documents, inform the sangguniang panlalawigan in writing of his comments or
recommendations, which may be considered by the sangguniang panlalawigan in making its
decision.

(c) If the sangguniang panlalawigan finds that such an ordinance or resolution is beyond the
power conferred upon the sangguniang panlungsod or sangguniang bayan concerned, it shall
declare such ordinance or resolution invalid in whole or in part. The sangguniang panlalawigan
shall enter its action in the minutes and shall advise the corresponding city or municipal
authorities of the action it has taken.

(d) If no action has been taken by the sangguniang panlalawigan within thirty (30) days after
submission of such an ordinance or resolution, the same shall be presumed consistent with law
and therefore valid.

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Section 57. Review of Barangay Ordinances by the Sangguniang Panlungsod or Sangguniang

Bayan. -

(a) Within ten (10) days after its enactment, the sangguniang barangay shall furnish copies of all
barangay ordinances to the sangguniang panlungsod or sangguniang bayan concerned for
review as to whether the ordinance is consistent with law and city or municipal ordinances.

(b) If the sangguniang panlungsod or sangguniang bayan, as the case may be, fails to take
action on barangay ordinances within thirty (30) days from receipt thereof, the same shall be
deemed approved.

(c) If the sangguniang panlungsod or sangguniang bayan, as the case may be, finds the
barangay ordinances inconsistent with law or city or municipal ordinances, the sanggunian
concerned shall, within thirty (30) days from receipt thereof, return the same with its comments
and recommendations to the sangguniang barangay concerned for adjustment, amendment,
or modification; in which case, the effectivity of the barangay ordinance is suspended until such
time as the revision called for is effected.

Section 58. Enforcement of Disapproved Ordinances or Resolutions. - Any attempt to enforce

any ordinance or any resolution approving the local development plan and public investment
program, after the disapproval thereof, shall be sufficient ground for the suspension or dismissal
of the official or employee concerned.

Section 59. Effectivity of Ordinances or Resolutions. -

(a) Unless otherwise stated in the ordinance or the resolution approving the local development
plan and public investment program, the same shall take effect after ten (10) days from the
date a copy thereof is posted in a bulletin board at the entrance of the provincial capitol or
city, municipal, or barangay hall, as the case may be, and in at least two (2) other conspicuous
places in the local government unit concerned.

(b) The secretary to the sanggunian concerned shall cause the posting of an ordinance or
resolution in the bulletin board at the entrance of the provincial capitol and the city, municipal,
or barangay hall in at least two (2) conspicuous places in the local government unit concerned
not later than five (5) days after approval thereof.

The text of the ordinance or resolution shall be disseminated and posted in Filipino or English and
in the language understood by the majority of the people in the local government unit
concerned, and the secretary to the sanggunian shall record such fact in a book kept for the
purpose, stating the dates of approval and posting.

(c) The gist of all ordinances with penal sanctions shall be published in a newspaper of general
circulation within the province where the local legislative body concerned belongs. In the
absence of any newspaper of general circulation within the province, posting of such
ordinances shall be made in all municipalities and cities of the province where the sanggunian
of origin is situated.

(d) In the case of highly urbanized and independent component cities, the main features of the
ordinance or resolution duly enacted or adopted shall, in addition to being posted, be published
once in a local newspaper of general circulation within the city: Provided, That in the absence
thereof the ordinance or resolution shall be published in any newspaper of general circulation.

4. Judicial Department
a. Judicial power
- SECTION 1. The judicial power shall be vested in one Supreme Court and in such lower courts
as may be established by law.

Judicial power includes the duty of the courts of justice to settle actual controversies involving
rights which are legally demandable and enforceable, and 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 or instrumentality of the Government.

- vested in one supreme court and courts created by statutes

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Petition for certiorari under rule 65 Petition for review on certiorari under rule 45
- an original action. - an ordinary appeal.
- An error of jurisdiction is one in which the act - It is a continuation of the case from the CA,
complained of was issued by the court, Sandiganbayan, RTC, or other courts. The
officer, or quasi-judicial body without or in petition must only raise questions of law which
excess of jurisdiction, or with grave abuse of must be distinctly set forth and discussed.
discretion which is tantamount to lack of or in
excess of jurisdiction.
- The purpose of the remedy of certiorari is to
annul void proceedings; prevent unlawful
and oppressive exercise of legal authority;
and provide for a fair and orderly
administration of justice.
- Filed only in the SC - Can be filed (by appeal) in the RTC, CA, then SC
- Question of law and Question of fact - Question of law
- errors of jurisdiction are best reviewed in a - errors of judgment can only be corrected by
special civil action for certiorari under Rule 65 appeal in a petition for review under Rule 45

- power to promulgate rules26:

Promulgate rules concerning the protection and enforcement of constitutional rights, pleading,
practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar,
and legal assistance to the underprivileged. Such rules shall provide a simplified and inexpensive
procedure for the speedy disposition of cases, shall be uniform for all courts of the same grade,
and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts
and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court.
- hierarchy of courts27
o direct recourse to the Supreme Court is allowed only to resolve questions of law,
notwithstanding the invocation of paramount or transcendental importance of the action
(Lucas Bersamin)
o The doctrine states that where courts have concurrent jurisdiction over a subject matter,
a case must be filed before the lowest court possible having the appropriate jurisdiction.
The principle of hierarchy of courts requires that recourse should be made to the lower
courts before they are made to the higher courts.

- exception to the hierarchy of courts

The exceptions to this doctrine are as follows:
1) Where there are special and important reasons clearly stated in the petition;
2) When dictated by public welfare and the advancement of public policy;
3) When demanded by the broader interest of justice;
4) When the challenged orders are patent nullities; and
5) When analogous exceptional and compelling circumstances call for and justify the
immediate and direct handling by the Court [Republic v. Caguioa, G.R. No. 174385
(2013)]

Article VIII, Section 5 (5)

26

To shield the Court from having to deal with causes that are also well within the competence of the lower
27

courts