Augustine trying to convert English Church to Christianity

Augustine had trouble converting the Celtics to Roman Catholics

Celtic leaders asked a wise man whether they should submit to Augustine

Augustine failed to rise as he greeted the Celts

LESSON: Many look down on people but you will see that looking up at others by _____
humility really makes a difference. Humble at heart. Be humble always.
A simple gesture of standing up, shows how humble you are.

LEGAL RESEARCH
-The process of identifying and retrieving information necessary to support legal
decision-making. In its broadest sense, it includes each step of a course of action that begins
with an analysis of the facts of a problem and concludes with the application and
communication of the results of the investigation
-Legal Research by virtue of modern definition, includes legal writing.

3 Steps in Legal Research

1. Problem Identification and Analysis
2. Information Search and Retrieval (limiting the scope of search)
3. Communication of Results (Legal Writing)

Identify & Analyze the Problem:

1. Collect the facts
2. Classify the facts (you need to determine from those you have discovered, what would
be important or essential to resolve the issue)
3. Determine legal issue/s
4. Identify the jurisdiction (Is it within the jurisdiction of Philippine law

Search & Retrieve Information

- Find materials relevant to your subject
- Primary or secondary rules
- Traditional and electronic sources

1. Comprehensive Legal Research (sources):

- Cases, jurisprudence
- Statutes, codes, rules & regulations
- Congressional debates (secondary source)
- Law reviews, journals
- Encyclopedia, dictionary

2. Cross-reference materials for accuracy

3. Ensure materials are up-to-date (check if they are still valid or if they are revised)
Communicate Results
1. Present answers or results clearly and concisely
2. Cite sources correctly and accurately

Purpose of Legal Research

-To find authority that will aid in finding a solution to a legal problem.

Types of Authority
1. Primary Authority- mandatory; cannot be waived; rules of law that are binding upon
the courts, government and individuals.; consists of the law itself, as expressed the
verbatim texts of the statute or case law.

Sources of Primary Authority:

1. Constitution- the fundamental law of the land
2. Statutes or Statutory Law- passed by the Congress; legislative enactments,
executive issuances
3. Administrative or agency law- issued by agencies charged with regulating an area
of conduct, rules and regulations (must be consistent with a law)
4. Case law- decided or written opinions by courts
5. Muslim or Shari’a law- involves Islamic law and customary law; embraces legal,
social, political, and civil relations.

Legislative Branch
The Congress of the Philippines
o Bicameral- Senate, House of Representatives

Legislative Enactments
- Acts (1900-1935, 4,275 Acts)
- Commonwealth Acts (1935-1945, 733 CA)
- Republic Acts (1946-1972; 1987-2013, 10,606)
- Mga Batas Pambansa (1979-1985, 884) [issued by the unicameral Batas
Pambansa]

Office of the President

 Presidential Decrees (Marcos 1972-1985; 2,034 PDs), Executive Orders
(Aquino, E.O. No. 136), Proclamations
 Treaties and international agreements

Executive Branch
o Administrative Agencies: Orders, Rules, Rulings, Memorandum Orders, and
Circulars
o Local Government Units: Ordinances
Judiciary
o Rules of Court: Civil Procedure, Special Proceedings, Criminal Procedure,
Evidence, Summary Procedure, Small Claims Cases, Environmental Cases
o Jurisprudence or case law: Decisions and Resolutions (1901- to the present, over
70,000)
o Decision- original declaration of a Supreme Court of a particular case resolved
o Resolution- Supreme Court’s ruling of a Motion for Reconsideration of the
Decision reflected in the original ruling.

2. Secondary Authority
 Commentaries on the law that do not have binding effect but aid in
explaining what the law is or should be
 Materials that analyze, explain, or critic the law or that help find legal
authority (finding tools)
 Resources about the law and the law itself

Heirarchy
International (Secondary)-> International (Primary)-> Local (Secondary)-> Local
(Primary)

-You can start your research from International secondary and Local secondary
(interpretation of the law)

Classification of Law:
1. By Application
MANDATORY
 Primary authorities: considered in making a determination in a
legal matter
 Statutes, presidential issuances, international treaties and
conventions, administrative rules and regulations, ordinances, etc.
 Must be followed and cited first
 In case law, the principle of stare decisis et non quieta movere (to
adhere to precedents and not to unsettle things that are
established) is applied
 Art. 8 of the Civil Code
PERSUASIVE
 Considered when there is no mandatory authority on a subject
matter
o Laws and decisions of other jurisdictions
o Opinions of government agencies (BIR, DOJ)
 Executive interpretation of legislative enactments
 is accorded weight by the judiciary
o Treaties, law review articles
 Persuasive authorities may be cited

2. By Source
PRIMARY
 Official records of the statue or case law published by the issuing
agencies
Primary Sources:
1. Statutory Law
a. Congressional records
b. Official Gazette
c. Pursuant to E.O. No. 200 (1987): newspaper of general
circulation
2. Case law
 Philippine Reports
 Official Gazette
 Advanced Sheets

SECONDARY
 Published by private or commercial entities
Secondary Sources:
1. Statutory law
a. Vital Legal Documents- textbooks/volumes containing several
presidential decrees.
b. Commentaries, textbooks
c. Lex Libris Laws,Philippine Law Encyclopedia, Lawphil, Chan
Robles (check the discrepancy)
3. Case law
 Supreme Court Reports Annotated (SCRA)- Central Bookstore
 Supreme Court Advanced Decisions (SCAD)- Rex Bookstore
 Lex Libris Jurisprudence