LEGAL RESEARCH

update the case law that has interpreted and applied those forms
of enacted law, as well as other case law that is relevant to your
fact situation. 2"
Do not limit your search to cases that support your position. A
competent researcher will anticipate both sides of an argument
and identify the cases that indicate contrary conclusions."
Treatises and commentaries on the codes and statutes cites
casesasited that interpret the statutes they discuss. As to computer
legal research, both Philjuris and Lex Libris can be searched
for cases that have cited the statute."
After identifying the relevant cases, as you read and brief or
digest each case, be sure to note its full citation, the ponente of the
decision, the date of the decision, the relevant facts, the holding, a
summary of the court's reasoning, and the sources cited by the
court. Each of the sources cited should be read and briefed and new
cases should be added to your list. Each case you brief should be
incorporated into your outline. 3'
d. Refine the Search. After you have identified, read, and
organized the primary sources, go to secondary sources to refine
the search and expand your argument. If the problem involves a
statute, the legislative history might suggest the legislature's in-
tent in passing the act and the problem the law was intended to
remedy. Historical, social, economic, and political information can
put legal arguments in their proper context and can support policy
arguments.32

4. Update
Law changes constantly. Our Congress passes new statutes
and modify old ones. Our Supreme Court either refines the law or
reaffirms the law or even changes the interpretation of the law.
Consult the Philjuris or Lex Libris to determine whether the au-
thorities have been interpreted or altered in any way, or whether
new cases, statutes or regulations have been published."

'Id.

' 41d.
31
1c1., p. 20.
"Id., pp. 20 and 21.
p. 21.
 FUNDAMENTAL RESEARCH SKILL: 21
CASE BRIEFING AND SYNTHESIS OF CASES

ously does not constitute incapacity. The canon contemplates a

t rue
psychological disorder which incapacitates a person from
giving what is due (cf. .John Paul 1J, Address to R. Rota, Feb. 5,
1987). However, if the marriage is to be declared invalid under
this incapacity, it must be proved not only that the person is
afflicted by a psychological defect, but that the defect did in
fact deprive the person, at the moment of giving consent, of the
ability to assume the essential duties of marriage and conse-
quently of the possibility of being bound by these duties."

Justice Sempio-Diy" cites with approval the work of Dr.

Gerardo Veloso, a former Presiding Judge of the Metropolitan Mar-
riage Tribunal of the Catholic Archdiocese of Manila (Branch I),
who opines that psychological incapacity must be characterized by
(a) gravity, (b) juridical antecedence, and (c) incurability. The inca-
pacity must be grave or serious such that the party would be inca-
pable of carrying out the ordinary duties required in marriage; it
must be rooted in the history of the party antedating the marriage,
although the overt manifestations may emerge only after the mar-
riage; and it must be incurable or, even if it were otherwise, the
cure would be beyond the means of the party involved.
It should be obvious, looking at all the foregoing disquisitions,
including, and most importantly, the deliberations of the Family
Code Revision Committee itself, that the use of the phrase "psycho-
logical incapacity" under Article 36 of the Code has not been meant
to comprehend all such possible cases of psychoses as, likewise
mentioned by some ecclesiastical authorities, extremely low intelli-
gence, immaturity, and like circumstances (cited in Fr. Artemio
Baluma's "Void and Voidable Marriages in the Family Code and
their Parallels in Canon Law," quoting from the Diagnostic Statis-
tical Manual of Mental Disorder by the American Psychiatric Asso-
ciation; Edward Hudson's "Handbook II for Marriage Nullity Cases").
Article 36 of the Family Code cannot be taken and construed inde-
pendently of, but must stand in conjunction with, existing precepts
in our law on marriage. Thus correlated, "psychological incapacity"
should refer to no less than a mental (not physical) incapacity that
causes a party to be truly incognitive of the basic marital cov-
enants that concomitantly must be assumed and discharged by the
parties to the ma rriage which, as so expressed by Article 68 of the
Family Code, include their mutual obligations to live together, ob-
serve love, respect and fidelity and render help and support. There

"Handbook on the Family Code, First Edition, 1988.

 CASE1,11N1)AMENTA1,
BRIF1, IiKsFAII(11 sK11,1, 25
1N,; AND NyNT11141s18 of CASES
nitions stat,,,,,,,,tm
deetsions of many %vial od tsVOIV,1 ',tan hnve put together the
the Thy *judges who have formulated
tut ions 01 titatoment
n1:+1,v ,ed the outcome of enchse:Isehave worked inductively. They have
and
raw :nialyses into a coherent whole then combined those sepa-
to form general principles about
:1 1 ,, , of the law. These general principles are then expressed at
all 1 of :tbstraction that encompasses the particular holdings of
t ho individual cases.

iv, When you analyze a legal problem, such as one of your class
10,1 assignments. you will do further synthesis of your own. Synthesiz-
ing is the step between your research and your writing. You do
sl research by reading one case at a time. If in your writing you
merely report each case, one at a time, then you have compiled a
lid
list of case briefs, but you have not analyzed a topic.

of D. Exercise in Synthesizing Cases

ty
i 1- Let us now digest the other cases dealing on psychological
incapacity and then synthesize these cases.
is
?1- 1. Briefing of Each Relevant Case

CHI MING TSOI, petitioner, v. COURT OF APPEALS

and GINA LAO-TSOI, respondents, G.R. No. 119190,
)r
Jan. 16, 1997 (Second Division)

TORRES, Jr., J.:

Man has not invented a reliable compass by which to steer a
marriage in its journey over troubled waters. Laws are seemingly
inadequate. Over time, much reliance has been placed in the works
of the unseen hand of Him who created all things.
Who is to blame when a marriage fails?
This case was originally commenced by a distraught wife
against her uncaring husband in the Regional Trial Court of Quezon
City (Branch 89) which decreed the annulment of the marriage on
the ground of psychological incapacity. Petitioner appealed the de-
cision of the trial court to respondent Court of Appeals (CA-G.R.
CV No. 42758) which affirmed the Trial Court's decision on Novem-
ber 29, 1994 and correspondingly denied the motion for reconsid-
eration in a resolution dated February 14, 1995.
 FUNDAMENTAL RESEARCH SKILL: 23
been to CASE BRIEFING AND SYNTHESIS OF CASES
st seri_
n utter Our Constitution is no less emphatic:
to the "Section 1. The State recognizes the Filipino family as the
ne the foundation of the nation. Accordingly, it shall strengthen its soli-
upon darity and actively promote its total development.
ationa
"Section 2. Marriage, as an inviolable social institution, is the
of the foundation of the family and shall be protected by the State." (Arti-
Judi- cle XV, 1987 Constitution).
ite."
The above provisions express so well and so distinctly the
i on of basic nucleus of our laws on marriage and the family, and they are
r con.. no doubt the tenets we still hold on to.
i ty or
The factual settings in the case at bench, in no measure at all,
1.11-8U-
can come close to the standards required to decree a nullity of
marriage. Undeniably and understandably, Leouel stands aggrieved,
mar- even desperate, in his present situation. Regrettably, neither law
rticle nor society itself can always provide all the specific answers to
T, do every individual problem.
cum-
WHEREFORE, the petition is DENIED.
ty of
SO ORDERED.
Narvasa Bidin, Regalado, Davide, Jr., Bellosillo, Melo,
are
Quiason, Puno, Kapunan and Mendoza, JJ., concur.
L.; on
t, in Feliciano, J., on leave.
cipi- Padilla, J., See dissent.
yell- Romero, J., See separate concurring opinion.
with
de- ( Dissenting and separate opinions are omitted.)

CASE BRIEF
ant.
hen Santos v. CA, 240 SCRA 20, January 4, 1995
icle (En Banc), J. Vitug

Facts: Plaintiff Leouel Santos married defendant Julia Bedia

on September 20, 1986. On May 18, 1988, Julia left for the U.S.
She did not communicate with Leouel and did not return to the
country. In 1991, Leouel filed with the RTC of Negros Oriental, a
complaint for voiding of the marriage under Art. 36 of the Family
Code. The RTC dismissed the complaint and the CA affirmed the
dismissal.
 CASE BRIEF FUNDAMENTAL RESEARCH SKILL: 19
ENT SYNTHESIS OF CASES

allow some resiliency in its application. Mme. Justice Alicia V.

Sempio-Diy, a member of the Code Committee, has been quoted by
Mr. Justice Josue N. Bellosillo in Salita vs. Hon. Magtolis (G.R. No
106429, 13 June 1984); thus:41

"The Committee did not give any examples of psychologi-

cal incapacity for fear that the giving of examples would limit
the applicability of the provision under the principle of ejusdem
generis.
Rather, the Committee would like the judge to inter-
pret the provision on a case-to-case basis, guided by experi-
ence, the findings of experts and researchers in psychological
disciplines, and by decisions of church tribunals which, although
not binding on the civil courts, may be given persuasive effect
since the provision was taken from Canon Law.

A part of the provision is similar to Canon 1095 of the New

Code of Canon Law," which reads:

"Canon 1095. They are incapable of contracting marriage:

1. who lack sufficient use of reason;
2. who suffer from a grave defect of discretion of judgment
concerning essential matrimonial rights and duties, to be given
and accepted mutually;
3. who for causes of psychological nature are unable to as-
sume the essential obligations of marriage." (Italics supplied)

Accordingly, although decisive nor even perhaps all that per-

suasive for having no juridical or secular effect, the jurisprudence
under Canon Law prevailing at the time of the code's enactment,
nevertheless, cannot be dismissed as impertinent for its value as
an aid, at least, to the interpretation or construction of the codal
provision.
43
giving an
One author, Ladislas Orsy, S.J., in his treatise,
account on how the third paragraph of Canon 1095 has been framed,
states:
"The history of the drafting of this canon does not leave
doubt that the legislator intended, indeed, to broaden the
any
rule. A strict and narrow norm was proposed first:

Delaware: Michael Glazier, Inc., 1986, pp. 129-130.

"Handbook on the Family Code."
'In her
'Marriage in Canon Law,
"Ibid., 131-132.
 M
W
,v( ;A I, liff,MICA
04
very
tA, return home, or at the .
Iridi.ri•
more than five
years consti tute ni'
bows, 1/.4.4 ouo, tor
kited
11. (orniniinical, wil, l CAE

104y,bologicsil incapacity dr
Julia to return home or to COMM11-
of
Rulings No, Ow failure
oi, atp with her bagband Leutiel for more than five years does not
prelf,ifigiC011 ir1C8p0City.
( or-141100q be characterized by a) gravity, a
l'14yehninglefl1 irietipiirity must
incurability.
hi Juritloal antecedence, and c)
Psychological incapacity should refer to no less than a mental
that causes a party to be truly incognitive
(not physical) incapacity ed
basic marital covenants that concomitantly must be as some -
of the w
arriage hich,
and discharged by the parties to them utual
pressed by Article 68 of the Family Code,include their li de my
ty and
obligations to live together, observe love, respect and fi
render help and support.
The intendment of the law has been to confine the meaning of
"psychological incapacity" to the most serious cases of personality
disorders clearly demonstrative of an utter insensitivity or inabil-
ity to give meaning and significance to the marriage. This
psychologic condition must exist at the time the marriage is cel-
ebrated.
Undeniably and understandably, Leouel stands aggrieved, even
desperate, in his present situation. Regrettably, neither law nor
society itself can always provide all the specific answers to every
individual problem.
Petition is denied.

C. Synthesizing Cases
You will rarely work on a problem for which there is only one
case precedent. More likely, your research for a problem will turn
up many cases relevant to the problem. In order to use the princi-
ples that those cases offer to resolve your problem, you must relate
the cases to each other, that is, synthesize them. In that way, you
can understand the applicable area of law and then use the synthe-
sis to analyze your problem.

The courts will frequently have done some synthesis for you.
Often, in reading cases, you will see definitions of a claim for relief,
or statements lidlowed by a string of citations. Usually, these defi-
 LEGAL RESEARCH
6

e ommaeys
The thing or subject matter in a problem or controversy
For example, when a party claims that
be a significant element. ntract. becomes
there is a violation of the terms of a contract, the co
an essential fact in the dispute.
the claim or cause of
The next thing to be done is to eidentify ight be put up by the
action of the plaintiff and the defens that m e
defendant. In a dispute over a contract, the cause of action may b
breach of contract.
damges
What is the relief sought? It might be a civil action for
to answer for the injury caused by the breach of the contract
or an action for specific performance to compel the other party to
perform a specific act as mandated in the contract or to enjoin the
other party from doing a specific act probably in violation of the
contract.
The parties or persons might be individuals, or might be a
group that is significant to the solution of the problem or the out-
come of the lawsuit. Similarly, the relationship between the ep aar:
ties, such as exists between lessor or lessee
8
in a contract of lease,
will be of special importance to the case.'

2. Formulate the Legal Issues to be Researched

This is the initial intellectual activity that presumes some

knowledge of the substantive law. The goal is to classify or catego-
rize the problem into general, and increasingly specific, subject
areas and to begin to hypothesize legal issues."

Consult general secondary sources for an

overview of all rel-
evant subject areas. In the example above, if the legal issue in-
volves a violation of a contract, the research could start by
reading
the textbooks or treatises on obligations and contracts by
noted
authorities. At this stage, these secondary sources are used to
vide background information and to het pro-
p you formulate issues; they
are the tools, not the objects of research 2°

Writing a clear, concise statement of each legalissue

iss raised by
the significant facts is an important and difficult task.2
'

p. 17 .
"Id.
 rt....._
:P
MANZarrAL 10211aAacH SKILL
CANE nwil314P114‘1 ANT, fir_, VS 01P CASES

the 'Article 36. A marriage contracted by any party who, at

tune ofwthe celebration. was psychologically incapacitated
to comPly
shell likewise the essential marital obligations of marriage,
be void even if such incapacity becomes mani-
fest only after its solemnization:.
r.1 the.
put., The present petition for review on certiorari, at the instance
Santos (
r- which is now "I..eouer). brings into fore the above provision
its AA, court a quo. invoked by him. Undaunted by the decisions of the
ray seeching its and the Court of Appeals,' Leouel persists in be-
iilli r, application in his attempt to have his marriage with
herein private respondent, Julia Rosario Bedia-Santos ("Julia"),
M OS tj,• declared a nullity.
h Us_
It was in Iloilo City where Leouel who then held the rank of
First Lieutenant in the Philippine Arm;, first met Julia. The meet-
ing proved to be an eventful day for Leouel and Julia. On 20 Sep-
tember 1986, the two exchanged vows before Municipal Trial Court
ztu- Judge Cornelia G. Lazar() of Iloilo City, followed, shortly thereafter,
but by a church wedding. Leouel and Julia lived with the latter's par-
ents at the .J. Bedia Compound, La Paz, Iloilo City. On 18 July
I in 1987, Julia gave birth to a baby boy, and he was christened Leouel
be Santos, Jr. The ecstasy, however, did not last long. It was bound to
ln- happen, Leouel averred, because of the frequent interference by
a Julia's parents into the young spouses' family affairs. Occasionally,
the couple would also start a "quarrel" over a number of other
nil
things, like when and where the couple should start living inde-
.al
pendently from Julia's parents or whenever Julia would express
resentment on Leouel's spending a few days with his own parents.
On 18 May 1988, Julia finally left for the United States of
America to work as a nurse despite Leouel's pleas to so dissuade
her. Seven months after her departure, or on 01 January 1989,
g Julia called up Leouel for the first time by long distance telephone.
She promised to return home upon the expiration of her contract in
July 1989. She never did. When Leouel got a chance to visit the
United States, where he underwent a training program under the
April up to
auspices of the Armed Forces of the Philippines from 10
25 August 1990, he desperately tried to locate, or to somehow get
in touch with, Julia but all his efforts were of no avail.

"Per Judge Enrique Garrovillo.

"Penned by Justice Jainal Rasul, concurred in by Justices Pedro Ramirez
and Ramon Mabutas, Jr.
 LEGAL RESEARCH

The thing or subject matter in a problem or controversy that

claims may
For example, when a party
be a significant element.
there is a violation of the terms of a contract, the contract becomes
an essential fact in the dispute.
The next thing to be done is to identify the claim or cause of
ht beput uPby the
action of the plaintiff and the defense that mig e
defendant. In a dispute over a contract, the cause of action may b
breach of contract.
It might be a civil action for dam-
What is the relief sought? contract
ages to answer for the injury caused by the breach of the
or an action for specific performance to compel the other party to
perform a specific act as mandated in the contract or to enjoin the
other party from doing a specific act probably in violation of the
contract.
The parties or persons might be individuals, or might be a
group that is significant to the solution of the problem or the out-
come of the lawsuit. Similarly, the relationship between the par-
ties, such as exists between lessor or lessee in a contract of lease,
will be of special importance to the case.'
2. Formulate the Legal Issues to be Researched
This is the initial intellectual activity that presumes some
knowledge of the substantive law. The goal is to classify or catego-
rize the problem into general, and increasingly specific, subject
areas and to begin to hypothesize legal issues."
Consult general secondary sources for an overview of all rel-
evant subject areas. In the example above, if the legal issue in-
volves a violation of a contract, the research could start by reading
the textbooks or treatises on obligations and contracts by noted
authorities. At this stage, these secondary sources are used to pro-
vide background information and to help you formulate issues; they
are the tools, not the objects of research.2°
Writing a clear, concise statement of each legal issue raised by
the significant facts is an important and difficult task.21

p. J7.
 LEGAL RESEARCH
2

parcel of every lawyer's training for him or

must become part and
competent representation and uphold the standards
her to provide
of the legal profession.•
force of the American Bar Association
In 1992, a special task
on law schools and the legal profession issued a report that stated
'tilt can hardly be doubted that the ability to do legal research is
one of the skills that any competent practitioner must possess."
That report also stated: li]n order to conduct legal research effec-
tively, a lawyer should have a working knowledge of the nature of
legal rules and legal institutions, the fundamental tools of legal
research, and the process of devising and implementing a coherent
and effective research design."5

C. Sources of Legal Research

Legal research involves the use of a variety of printed and
electronic sources. The printed sources include the Constitution,
statutes, court decisions, administrative rules and scholarly com-
mentaries. Computer databases containing these and other materi-
als have dramatically changed the nature of legal research and
improved its effectiveness. They have not, however, eliminated its
complexities. The volume and variety of legal literature continues
to grow, making the researcher's choice of tools and tactics for each
problem more difficult than ever. A thorough understanding of avail-
able legal resources, both published and computerized, is neces-
sary. There are as many procedures as there are problems, and no
single approach can work every time.6

D. Sources of Law
Legal sources differ
in their relative authority. Some are bind-
ing; others are only persuasive in varying degrees; and some are only
useful as tools for finding other material. These variations require
that researchers make careful and critical evaluation of the sources
they study. Whether researching by book or by computer, one must
be familiar with the three broad categories of legal literature: (a)
primary sources; (b) secondary materials; and (c) finding tools.'

'Id.
'Id., p. 13.
'Cohen and Olson, Legal Research In a Nutshell,
lishing Co, 1992, p. 2. St. Paul, Minn., West Pub-
'Id., pp. 2 and 3.
 LEGAL RESEARCH

that has interpreted and applied those forms

update the case law as other case law that is relevant to your
of enacted law, as well
fact situation.'
Do not limit your search to cases that support your position. A
competent researcher will anticipate both sides of an argument
and identify the cases that indicate contrary conclusions.
Treatises and commentaries on the codes and statutes cites
cases that interpret the statutes they discuss. As to computer as-
sisted legal research, both Philjuris and Lex Libris can be searched
for cases that have cited the statute."
After identifying the relevant cases, as you read and brief or
digest each case, be sure to note its full citation, the ponente of the
decision, the date of the decision, the relevant facts, the holding, a
summary of the court's reasoning, and the sources cited by the
court. Each of the sources cited should be read and briefed and new
cases should be added to your list. Each case you brief should be
incorporated into your outline."
d. Refine the Search. After you have identified, read, and
organized the primary sources, go to secondary sources to refine
the search and expand your argument. If the problem involves a
statute, the legislative history might suggest the legislature's in-
tent in passing the act and the problem the law was intended to
remedy. Historical, social, economic, and political information can
put legal arguments in their proper context and can support policy
arguments."

4. Update

Law changes constantly. Our Congress passes new statutes

and modify old ones. Our Supreme Court either refines the law or
reaffirms the law or even changes the interpretation of the law.
Consult the Philjuris or Lex Libris to determine whether the au-
thorities have been interpreted or altered in any way, or whether
new cases, statutes or regulations have been published."

5
1d.

'Id.
p. 20.
'Id., pp. 20 and 21.
'Id., p. 21.
 T11) LEGAL RE-.SEAM PR( X 'FM 7

Once statements
of the issues have been drafted, they should
be arranged in a logical pattern to form an outline. Logically, re-
lated issues may be combined as sub-issues under a broader main
issue."

3. Research the Issues Presented

After i facts have been analyzed and the issues have been
framed, si t 18 tirne to begin researching the first issue!'
a. Organize and Plan. Good legal researchers, as a rule, are
systematic, methodical, and organized; and they keep good records.
For each issue, it is important to decide which sources to use, which
sources not to use, and the order in which sources should be exam-
ined. The best practice is to write down all sources to be searched
under each issue to be researched, even if sources are repeated."
b. Identify, Read, and Update All Relevant Constitutional
Provisions, Statutes, and Administrative Regulations. These pri-
mary sources can be identified in several ways.25
Statutory Compilations. Statutory compilations almost always
have tables of contents and indexes that list the subjects and topics
covered by the statutes. Because relevant statutory provisions are
often found in several places in the compiled statutes, consult both
the table of contents and the index."
Computer-Assisted Legal Research. The Constitution, statutes
and administrative regulations are available on PHILJURIS and
LEX LIBRIS. It is possible to search the full text of these docu-
ments for statutes and regulations that apply to your problem.
Secondary Sources. Secondary sources such as treatises and
commentaries and law review articles, commonly cite relevant con-
stitutional provisions, statutes, and administrative regulations."

c. Identify, Read, and Update All Relevant Case Law. After

identifying and reading the relevant constitutional provisions, stat-
utes and administrative regulations, you must identify, read, and

"Id., p. 18.
24
Id.
"Id., p. 19.

271d.
 LEGAL. RESEARCH
4

dium by Florenz D. Regalado have a persuasive influence on the

lawmaking process by virtue of the prestige of their authors or the
quality of their scholarship. Secondary sources can help analyze a
provide research references to both primary sources
problem and °
and other secondary materials.
Finding appropriate secondary materials is most often accom-
plished through the use of law library catalogs, legal periodical
indexes, and other bibliographic aids. In addition, court decisions
and other secondary sources frequently provide citations to persua-
sive treatises and law review articles."

3. Finding Tools
Our legislative, executive and judicial branches of government
have been enacting and promulgating codes, statutes, rules, regu-
lations and court decisions and these have grown into a large body
of law. The researcher therefore needs search materials or finding
tools in order to locate these legal sources. Without a topical ap-
proach to legal sources, researchers could not find existing statutes
or decisions on point."
A varied group of finding tools provides such access. Digests
reprint headnotes summarizing points of law from court decisions
in a subject classification and annotations summarize cases on par-
ticular topics. The SCRA Quick Index-Digest is one fi nding tool
available to the legal researcher. PHILJURIS and LEX LIBRIS,
two comprehensive and competing computer-based legal research
systems, provide the capability to search for cases and other docu-
ments by using practically any word or combination of words.' 3
Finding tools do not persuade, nor do they themselves have
any primary or persuasive authority. Finding tools are only a means
for locating primary sources. It is then necessary to read those
primary sources to determine their applicability to a particular
situation. In legal research, as in other aspects of the lawyer's
work, one must employ a highly developed sense of relevance — a
keen appreciation of which sources are legally and factually rel-
evant to the specific inq uiry. 14

p. 6.
LlId.
"Id., p. 5.

"Id., pp. 5-6.

 CHAPTER I

INTRODUCTION TO LEGAL RESEARCH

A. Legal Research, defined

In general, legal research 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.
Legal research is also defined as the investigation for infor-
mation necessary to support legal decision making. Legal research
includes each step of a process that begins with analyzing the facts
of a problem and concludes with applying and communicating the
results of the investigation.'

B. The Need for Legal Research

A lawyer is required to provide competent representation to a
client. Competent representation requires the legal knowledge, skill,
thoroughness and preparation reasonably necessary for the repre-
sentation. Clearly, a lawyer must be able to research the law to
provide competent representation.'
In addition to requirements of professional responsibility, ques-
M."
hone relating to competency in legal research may arise in suits for
damages, arising from legal incompetence or claims for malicious
3
prosecution.
The knowledge and ability to use fundamental legal research
tools and to implement an effective and efficient research plan

Legal Research Illustrated (6th ed.), Westbury,

.Jacobstein, Mersky and Dunn,
New York, The Foundation Press, Inc., 1994, p. 1.
p. 14.
'Id.
 I
NTRODUCTION TO LEGAL RESEARCH 3

1. Primary Sources
or
1171 Primary sources of
dards law are those recorded laws and rules
which will be enforced by the State. They may be found in statutes
passed by the legislature, regulations n
u rtd rulings of administrative
a Lion agencies and decisions of appellatecsoa
n
toted
in a primarily civil law jurisdiction like the Philippines, the
ch is products of legislative actions, cod and
ass." m are the
m ajor primary sources. Codesandstastue uctoes,e to govern an
have
even greater variety of human activity.
,
,ffec
re of
l egal The second major category of primary sources is judicial deci-
rent sions. Our Philippine Supreme Court and Court of Appeals produce
decisions that constitute our case law.
Our judicial system consists of a hierarchy of courts, including
a number of trial courts (RTC, MTC, MCTC), one intermediate
and appellate court (CA), and a court of last resort, the Supreme Court.
This system incorporates the processes of appellate review, in which
om- higher courts review the decisions of lower courts, and judicial
eri- review, in which courts determine the validity of legislative and
and executive actions.
its A third important primary source is administrative law, or the
ues regulations and decisions of government agencies. State agencies
ach promulgate regulations governing behavior within their areas of ex-
ail- pertise. Agencies also act in a "quasi-judicial" capacity by conducting
9
as- hearings and issuing decisions to resolve particular disputes.

2. Secondary Materials
Publications which are not primary authority but which dis-
cuss or analyze legal doctrine are considered secondary materials.
me of
These include treatises, commentaries, and encyclopedias. So
id- d in the academic jour-
the most influential legal writings are foun
nals known as law reviews of law schools, or in i publications like
i re . Secondary materials
Journal and the Lawyers Review.
as the
varyIBP
widely in purpose and quality, ranging from authoritative
lat l tracts by hack
y great academic scholars to superficiaivil Code of the
a) treatises b best of these works such as the C
tre
writers. nes
The
by Arturo M. Tolentino and Remedial Law Compen-
Philippi

Id., p. 3.
"Id., p. 4.
 LEGAL RESEARCH
20

"Those who cannot assume the essential obligations of

(ob gravem
marriage because of a grave psycho-sexual anomaly
are unable to contract marriage
anomaliam psychosexualeno
(cf. SCH/1975, Canon 297, a new canon, novus);

then a broader one followed:

(ob grauem
'. .. because of a grave psychological anomaly
anomaliam psychicam) . . (cf. SCH/1980, Canon 1049);
then the same wording was retained in the text submitted to the
pope (cf. SCH/1982, Canon 1095, 3);
finally, a new version was promulgated:
`because of causes of a psychological nature (ob causes
naturea psychia,e).'
"So the progress was from psycho-sexual to psychological
anomaly, then the term anomaly was altogether eliminated. It
would be, however, incorrect to draw the conclusion that the
cause of the incapacity need not be some kind of psychological
disorder; after all, normal and health person should be able to
assume the ordinary obligations of marriage."

Fr. Orsy concedes that the term "psychological incapacity" de-

fies any precise definition since psychological causes can be of an
infinite variety.
In a book, entitled "Canons and Commentaries on Marriage,"
written by Ignatius Gramunt, Javier Hervada and LeRoy Wauck,
the following explanation appears:

"This incapacity consists of the following: (a) a true in-

ability to commit oneself to the essentials of marriage. Some
psychosexual disorders and other disorders of personality can
be the psychic cause of this defect, which is here described in
legal terms. This particular type of incapacity consists of a real
inability to render what is due by the contract. This could be
compared to the incapacity of a farmer to enter a binding con-
tract to deliver the crops which he cannot possibly reap; (b) this
inability to commit oneself must refer to the
tions of marriage; essential obliga-
the conjugal act, the community of life and
love, the rendering of mutual help, the procreation and educa-
tion of offspring; (c) the inability must be tantamount to a
psychological abnormality.
The mere difficulty of assuming these
obligations, which could be overcome by normal effort, obvi-
 .;

LEGAL RESEARCH

You should also state who the plaintiff and defendant are, the
basis for the plaintiff's suit, and the relief the plaintiff is seeking.
Also include the ruling of the Regional Trial Court on the case and
whether the Court of Appeals affirmed or reversed the decision.

2. Issue(s)
must decide to resolve
The issue is the question that the court
case efore it. To find the
the dispute between the parties in the of
that governs the dispute w
issue, you have to identify the rule of law write the CC
and ask how it should apply to those facts. You usually
that combines the rule of law Sc
issue for your case brief as a question
with the material facts of the case, that is, those facts that raise
the dispute. Although we use the word
"issue" in the singular,
there can be more than one issue in a case. An example of an issue
is: Do the habitual drunkenness and sexual infidelity of the hus-
band constitute psychological incapacity?
3. Ruling
The ruling is the court's decision on the question that is actu-
ally before it. The court may make a number of legal statements, but
if they do not relate to the question actually before it, they are dicta.
The ruling or holding provides the answer to the question asked in
the issue statement. If there is more than one issue, there may be
more than one holding. The ruling is supported by the court's reason-
ing explaining and supporting the court's decision. For example in a
case on psychological incapacity, the court will refer to thep rovisions
of Art. 36 of the Family Code, state the substantial and procedural
requirements for psychological incapacity to exist and cite the ear-
lier rulings of the Supreme Court on the subject.

B. Exercise in Case Briefing

Let us now do an exercise in case briefing on the following
case:

LEOUEL SANTOS, petitioner, v. THE HONORABLE COURT

OF APPEALS AND JULIA ROSARIO BEDIA-SANTOS,
respondents, G.R. No. 112019, Jan. 4, 1995 (En Banc)
Vitug, J.:

Concededly a highly, if not indeed the most likely, controver-

sial provision introduced by the Family Code is Article 36 (as
amended by E.O. No. 227 dated 17 July 1987), which declares:
 LEGAL RESEARCH
16

he a aign that,
bearing of children and cohabitation should not
psychological incapacity has been cured.
"Prof. Romero opined that psychological incapacity is still in-
Justice Luciano suggested that they
sanity of a lesser degree.
invite a psychiatrist, who is the expert on this matter. Justice
Caguioa, however, reiterated that psychological incapacity is not a
defect in the mind but in the understanding of the consequences of
marriage, and therefore, a psychiatrist will not be a help.
"Prof. Bautista stated that, in the same manner that there is
a lucid interval in insanity, there are also momentary periods when
there is an understanding of the consequences of marriage. Justice
Reyes and Dean Gupit remarked that the ground of psychological
incapacity will not apply if the marriage was contracted at the time
5
when there is understanding of the consequence of marriage. '
"xxx xxx xxx
"Judge Diy proposed that they include physical incapacity to
copulate among the grounds for void marriages. Justice Reyes com-
mented that in some instances the impotence is only temporary
and only with respect to a particular person. Judge Diy stated that
they can specify that it is incurable. Justice Caguioa remarked that
the term 'incurable' has a different meaning in law and in medi-
cine. Judge Diy stated that 'psychological incapacity' can also be
cured. Justice Caguioa, however, pointed out that 'psychological
incapacity' is incurable.
"Justice Puno observed that under the present draft provi-
sion, it is enough to show that at the time of the celebration of the
marriage, one was psychologically incapacitated so that later on if
already he can comply with the essential marital obligations, the
marriage is still void ab initio. Justice Caguioa explained that since
in divorce, the psychological incapacity may occur after the mar-
riage, in void marriages, it has to be at the time of the celebration
of marriage. He, however, stressed that the idea in the provision is
that at the time of the celebration of the marriage, one is psycho-
logically incapacitated to comply with the essential marital obliga-
tions, which incapacity continues and later becomes manifest.
"Justice Puno and Judge Diy, however, pointed out that it is
possible that after the marriage, one's psychological incapacity be-

.
Deliberations of the Family Code Revision Committee,
July 26, 1986.
 FLTNDAMENTAL RESEARCH SKILL: 17
CASE BRIEFING AND SYNTHESIS OF CASES

comes manifest but later on he is cured. Justice Reyes and Justice

Caguioa
remarry.39()Pined that the remedy in this case is to allow him to
hey
tice "x x x
It a XXX XXX
of "Justice Puno formulated the next Article as follows:
'Article 37.
A marriage contracted by any party who, at
is the time of the celebration, was psychologically incapacitated,
Len to comply with the essential obligations of marriage shall like-
ice wise be void from the beginning even if such incapacity be-
comes manifest after its solemnization.'
ne "Justice Caguioa suggested that 'even if' be substituted with
'although.' On the other hand, Prof. Bautista proposed that the
clause 'although such incapacity becomes manifest after its solem-
nization' be deleted since it may encourage one to create the mani-
to festation of psychological incapacity. Justice Caguioa pointed out
n- that, as in other provisions, they cannot argue on the basis of
abuse.
it "Judge Diy suggested that they also include mental and physi-
it cal incapacities, which are lesser in degree than psychological inca-
pacity. Justice Caguioa explained that mental and physical
incapacities are vices of consent while psychological incapacity is
not a species of vice of consent.
"Dean Gupit read what Bishop Cruz said on the matter in the
minutes of their February 9, 1984 meeting:
"On the third ground, Bishop Cruz indicated that the
phrase 'psychological or mental impotence' is an invention of
some churchmen who are moralists but not canonists, that is
why it is considered a weak phrase. He said that the Code of
Canon Law would rather express it as 'psychological or mental
incapacity to discharge . .
"Justice Caguioa remarked that they delete the word 'mental'
precisely to distinguish it from vice of consent. He explained that
`psychological incapacity' refers to lack of understanding of the es-
sential obligations of marriage.
"Justice Puno reminded the members that, at the last meet-
ing, they have decided not to go into the classification of 'psycho-

'Deliberations of the Family Code Revision Committee, August 2, 1986.

 LEGAL RESEARCH
2

must become part and parcel of every lawyer's training for him or
her to provide competent representation and uphold the standards
of the legal profession.'
In 1992, a special task force of the American Bar Association
on law schools and the legal profession issued a report that stated
lilt can hardly be doubted that the ability to do legal research is
one of the skills that any competent practitioner must possess."
That report also stated: "Mr) order to conduct legal research effec-
tively, a lawyer should have a working knowledge of the nature of
legal rules and legal institutions, the fundamental tools of legal
research, and the process of devising and implementing a coherent
and effective research design."5

C. Sources of Legal Research

Legal research involves the use of a variety of printed and
electronic sources. The printed sources include the Constitution,
statutes, court decisions, administrative rules and scholarly com-
mentaries. Computer databases containing these and other materi-
als have dramatically changed the nature of legal research and
improved its effectiveness. They have not, however, eliminated its
complexities. The volume and variety of legal literature continues
to grow, making the researcher's choice of tools and tactics for each
problem more difficult than ever. A thorough understanding of avail-
able legal resources, both published and computerized, is neces-
sary. There are as many procedures as there are problems, and no
single approach can work every time.°

D. Sources of Law
Legal sources differ in their relative authority. Some are bind-
ing; others are only persuasive in varying degrees; and some are only
useful as tools for finding other material. These variations require
that researchers make careful and critical evaluation of the sources
they study. Whether researching by book or by computer, one must
be familiar with the three broad categories of legal literature: (a)
primary sources; (b) secondary materials; and (c) finding tools.'

'Id., p. 13.
'Cohen and Olson, Legal Research In a Nutshell,
lishing Co, 1992, p. 2. St. Paul, Minn., West Pub-
'Id., pp. 2 and 3.
 C FUNDAMENTAL RESEARCH SKILL, IS
ASE BRIEFING AND SYNTHESIS OF CASES
which
Whil e it will encourage one who really understood the consequences of
ssen" marriage to claim that he did not and to make excuses for invali-
dating the marriage by acting as if he did not understand
the
obligations of marriage. Dean Gupit added that it is a loose way of
'h (7), providing for divorce.
con. "xxx xxx xxx
rs "Justice Caguioa explained that his point is that in the case of
incapacity by reason of defects in the mental faculties, which is less
than insanity, there is a defect in consent and, therefore, it is clear
t not that it should be a ground for voidable marriage because there is
ailed the appearance of consent and it is capable of convalidation for the
simple reason that there are lucid intervals and there are cases
when the insanity is curable. He emphasized that psychological
) the
incapacity does not refer to mental faculties and has nothing to do
ode, with consent; it refers to obligations attendant to marriage.
Void_
t in "x x x xxx xxx
this "On psychological incapacity, Prof. (Flerida Ruth P. Romero
inquired if they do not consider it as going to the very essence of
consent. She asked if they are really removing it from consent. In
; in reply, Justice Caguioa explained that, ultimately, consent in gen-
eral is affected but he stressed that his point is that it is not
an- principally a vitiation of consent since there is a valid consent. He
objected to the lumping together of the validity of the marriage
celebration and the obligations attendant to marriage, which are
us- completely different from each other, because they require a differ-
cid ent capacity, which is eighteen years of age, for marriage but in
contract, it is different. Justice Puno, however, felt that psychologi-
ise cal incapacity is still a kind of vice of consent and that it should not
to be classified as a voidable marriage which is incapable of
convalidation; it should be convalidated but there should be no
prescription. In other words, as long as the defect has not been
cured, there is always a right to annul the marriage and if the
defect has been really cured, it should be a defense in the action for
)f annulment so that when the action for annulment is instituted, the
issue can be raised that actually, although one might have been
psychologically incapacitated, at the time the action is brought, it
Il of the consequence of
is no longer true that he has no concept
e
marriage.
"Prof (Esteban Bautista raised the question: Will not cohabi-
tation be a defense? In response. Justice Puno stated that even the
 TILE LEGAL RESEA Rt ' t I PIO ' ESs 7

Once
statements of the issues have been drafted, they should
be arranged in a
logical pattern to form an outline. Logically, re-
issues may he
l a ted
combined as sub-issues under a broader main
issue."

3. Research the Issues Presented

After the facts have been analyzed and the issues have been
framed, it is time to begin researching the first issue."
a. Organize and Plan. Good legal researchers, as a rule, are
systematic, methodical, and organized; and they keep good records.
For each issue, it is important to decide which sources to use, which
sources not to use, and the order in which sources should be exam-
ined. The best practice is to write down all sources to be searched
under each issue to be researched, even if sources are repeated.'
b. Identify, Read, and Update All Relevant Constitutional
Provisions, Statutes, and Administrative Regulations. These pri-
mary sources can be identified in several ways."
Statutory Compilations. Statutory compilations almost always
have tables of contents and indexes that list the subjects and topics
covered by the statutes. Because relevant statutory provisions are
often found in several places in the compiled statutes, consult both
the table of contents and the index."
Computer-Assisted Legal Research. The Constitution, statutes
and administrative regulations are available on PHILJURIS and
LEX LIBRIS. It is possible to search the full text of these docu-
ments for statutes and regulations that apply to your problem.
Secondary Sources. Secondary sources such as treatises and
commentaries and law review articles, commonly cite relevant con-
stitutional provisions, statutes, and administrative regulations."

c. Identify, Read, and Update All Relevant Case Law. After

identifying and reading the relevant constitutional provisions, stat-
utes and administrative regulations, you must identify, read, and

"Id.
'Id., p. 18.
z41d.
'Id., p. 19.
 n th
thorn or th e
I P analy ze"
ary 80nre4

ften accern.. CHAPTER 2

I
Periodical
-t decision, THE LEGAL RESEARCH PROCESS
to persua.

A. Systematic Approach to Legal Research

In order to solve legal problems accurately and comprehen-
overnment sively, there must be a systematic approach to legal research. Four
u les, regu.. basic steps are recommended, namely:
large body
or findin g 1. Identify and analyze the significant facts.
;opical ap. 2. Formulate the legal issues to be researched.
ig statutes 3. Research the issues presented.
4. Update.'
i s. Digests
decisions 1. Identify and Analyze the Significant Facts
es on par- The first task is to identify and analyze the facts surrounding
i ding tool the particular problem. Some facts have legal significance; others
LIBRIS, do not. The process of legal research begins with compiling a de-
research scriptive statement of legally significant facts. Factual analysis is
her docu- the first step in formulating the legal issues to be researched.'
3
)rds.' The TARP Rule is a useful technique to analyze your facts
according to the following factors:
I ves have
a means T — Thing or subject matter;
!ad those
A — Cause of action or group of defense;
larticular
lawyer's R — Relief sought;
i nce — a P — Persons or parties involved."
'ally rel-

"Jacobstein, op. cit, p. 15.

p. 16.
 LDCAA.L KESEARCH

agliefilead thia ;amity, there

is the a ppearance of consent, which
why it is a ground for voidable marriages, while
Mk the
iisibparagrapb (7) does sot refer to consent but to the very essence
41 sawitail 4Obbeatimana.
Vogt (Amodio Bevies suggested that in subparagraph (7),
dos word lisegtalbe be deleted, with which Justice Caguioa con-
coma Judge Diy, however. preferred to retain the word 'mentally.'
'Justice Cavil= remarked that subparagraph (7) refers to
ilaywholsgical isspotence. Justice (Ricardo) Puno stated that some-
time* 11 person may be psychologically impotent with one but not
with -Aber_ Justice (Leonor Ines-)Luciano said that it is called
select, potency.
',,tunato) Gupit stated that the confusion lies in the
fact that in inserting the Canon Law annulment in the Family Code,
the Onnsnittee used a language which describes a ground for void-
able marriages under the Civil Code. Justice Caguioa added that in
canon Law, there are voidable marriages. Dean Gupit said that this
it precisely the reason why they should make a distinction.
:Justice Puno remarked that in Canon Law, the defects in
inarriap, cannot be cured_
'Justice Reyes pointed out that the problem is: Why is 'insan-
ity' a ground for voidable marriage, while 'psychological or mental
is a ground for void ab initio marriages? In reply, Jus-
tice _ explained that insanity is curable and there are lucid
-die psychological incapacity is not.
- point, Justice Puno suggested that the phrase
,,--- if 10.;` or incapacity is made manifest,' be modified to
'even tsuL- or incapacity becomes manifest.'
titutice Reyes remarked that in insanity, at the time of the
arriage, it is not apparent.
'4u..5tice Oaguloa stated that there are two interpretations of
praase, 'paythokAgitaily or mentally incapacitated' — in the
first on*, there is vitiation of consent because one does not know all
.
ttsk ofrisequenars of the marriages, and if he had known these
completely, he might not have consented to the marriage.

"xxa
xxx
1, "Prof Bautista stated that he is in favor of making psycho-
*ftiiricapa6ty a ground for voidable marriages since otherwise
 LEGAL RESEARCH
18

logical incapacity because there was a lot of debate on it liii hat

this is precisely the reason why they classified it as a special case.
"At this point, Justice Puno remarked that, since there have
been annulments of marriages arising from psychological incapac-a
ity, Civil Law should not reconcile with Canon Law because it is
new ground even under Canon Law.
"Prof. Romero raised the question: With this common provi-
sion in Civil Law and in Canon Law, are they going to have a
provision in the Family Code to the effect that marriages annulled
or declared void by the church on the ground of psychological inca-
pacity is automatically annulled in Civil Law? The other members
replied negatively.
"Justice Puno and Prof. Romero inquired if Article 37 should
be retroactive or prospective in application.
"Judge Diy opined that she was for its retroactivity because it
is their answer to the problem of church annulments of marriages,
which are still valid under the Civil Law. On the other hand, Jus-
tice Reyes and Justice Puno were concerned about the avalanche of
cases.
"Dean Gupit suggested that they put the issue to a vote, which
the Committee approved.
"The members voted as follows:
"(1) Justice Reyes, Justice Puno and Prof. Romero were for
prospectivity.
"(2) Justice Caguioa, Judge Diy, Dean Gupit, Prof. Bautista
and Director Eufemio were for retroactivity.
"(3) Prof. Baviera abstained.
"Justice Caguioa suggested that they put in the prescriptive
period of ten years within which the action for declaration of nul-
lity of the marriage should be filed in court. The Committee ap-
proved the suggestion.4°
It could well be that, in sum, the
mittee in ultimately deciding Family Code Revision Com-
to adopt the provision with less
specificity than expected, has, in fact, so
designed the law as to

.
Deliberations of the Family Code Revision Committee, August 9, 1986.
 CHAPTER 3

FUNDAMENTAL RESEARCH SKILL:

CASE BRIEFING AND SYNTHESIS OF CASES

As stated in the previous chapter, the other important steps

in legal research are to identify the relevant cases, read them and
then brief or digest each case. When there are many cases relevant
to the problem, you must relate the cases to each other, that is,
synthesize them.

A. Case Briefing
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.
Most important is to keep your brief brief. Keep your sum-
mary of the court's reasoning to a useful length, but don't
shortchange the facts. When the case deals with statutes, it may be
helpful to quote key words from the statute verbatim.
The typical components of a case brief case are:

1. 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. You will
not know which facts are relevant until you know what the issue or
issues are. For example, if the issue is whether there is psychologi-
cal incapacity under Article 36 of the Family Code of the Philip-
pines, relevant facts include the fact of marriage and the acts of
the spouse constituting psychological incapacity to comply with the
essential marital obligations.
9

-7
 LEGAL RESEARCH
22
o
hardly any doubt that the intendment of the law has a
dmonatrtaotityhaeomf
apacity" snt ustetrtair-
obeen
is
confine the meaning of "psychological
clearinc
ly eand significance to the
of personality disorders
ous cases give .meaning at the time the
insensitivity or inability to ision, tipoonns
marriage. This psychologic condition must gently env xualreau
marriage is celebrated. The law does not ev
the other hand, an inability of the spouse to have se
with the other. This conclusion is implicit under Article 54 of the
Family Code which considers children conceived prior to the judi-
cial declaration of nullity of the void marriage to be "legitimate."
The other forms of pdychoses, if existing at the inception of
marriage, like the state of a party being of unsound mind or con-
cealment of drug addiction, habitual alcoholism, homosexuality or
voidable pursu-
lesbianism, merely renders the marriage contract
ant to Article 46, Family Code. If drug addiction, habitual alcohol-
ant to
lesbianism or homosexuality should occur only during the mar-
on under Article
riage, they become mere grounds for legal se Para do
55 of the Family Code. These provisions of the code, however,
not necessarily preclude the possibility of these various circum-
stances being themselves, depending on the degree and severity of
the disorder, indicia of psychological incapacity.
Until further statutory and jurisprudential parameters are
established, every circumstance that may have some bearing on
the degree, extent, and other conditions of that incapacity must, in
every case, be carefully examined and evaluated so that no precipi-
tate and indiscriminate nullity is peremptorily decreed. The well-
considered opinions of psychiatrists, psychologists, and persons with
expertise in psychological disciplines might be helpful or even de-
sirable.
Marriage is not just an adventure but a lifetime commitment.
We should continue to be reminded that innate in our society, then
enshrined in our Civil Code, and even now still indelible in Article
1 of the Family Code, is that —
"Article 1. Marriage is a special contract of permanent
union between a man and a woman entered into in accordance
with law for the establishment of conjugal and family life. It is
the foundation of the family and an inviolable social institution
whose nature, consequences, and incidents are governed by
law and not subject to stipulation, except that marriage settle-
ments may fix the property relations during the marriage within
the li mits provided by this code." (Italics
supplied)