Legal Research and

Writing
Presented by :
Abigail D. Sebastian
Anthony A. Pulhin
Lew Earvin Manarin
Katrina Marie Pimentel
Lech Amadeus Quiambao
Introduction:

The Philippine legal system may be considered as unique system

because it is a blend of civil law (Roman), common law (Anglo-
American), Muslim(Islamic) law, and indigenous law.
Sources of Law (2) Primary Sources
1. Statutes or statutory law:
Statutes are defined as the written enactment of the will of the
legislative branch of the government rendered authentic by certain
prescribed forms or solemnities are more also known as enactment
of congress.
Generally they consist of two types:
- Constitution - legislative enactments
In the Philippines, statutory law includes constitutions, treaties,
statutes proper or legislative enactments, municipal charters,
municipal legislation, court rules, administrative rules and orders,
legislative rules and presidential issuance.
Sources of Law
2. Jurisprudence - or case law :
Cases decided or written opinion by courts and by persons
performing judicial functions. Also included are all rulings in
administrative and legislative tribunals such as decisions made by
the Presidential or Senate or House Electoral Tribunals.
Only decisions of the House of Representatives Electoral Tribunal
are available in print as House of Representatives Electoral
Tribunal Reports, volume 1 (January 28, 1988-October 3, 1990) to
present. They will be available electronically at the Supreme Court
E-Library and as a separate CD.
Sources of Law
For Muslim Law:
The primary sources of Shariah are Quran, Sunnaqh, Ijma and
Qiyas. Jainal D. Razul in his book Commentaries and
Jurisprudence on the Muslin Law of the Philippines (1984)
further stated there are new sources of muslim law, which
some jurists rejected such as Istihsan or juristic preference; Al-
Masalih, Al Mursalah or public interest; Istidlal (custom) and
Istishab. (deduction based on continuity or permanence).
Classification by Authority

Authority is that which may be cited in support of an action,

theory or hypothesis.
Are those that contain actual law or those that contain law
created by government.
Each of the three branches of government: Legislative,
Executive and Judiciary, promulgates laws.
Subdivisions:
Primary Authority
Secondary Authority
Classification by Source
Two types of sources of law
Primary sources - published by the issuing agency itself or the official
repository, the Official Gazette
Secondary sources - unofficial sources and generally referred to as those
commercially published or those that are not published by
government agencies or instrumentalities

*General Rule : In the absence of primary source, the secondary source

may be cited.
Primary Sources
Official Gazette
- Republic Acts and other legislative enactments or statues
- Selected supreme court decisions
- www.gov.ph (launched by the office of the president on July 10)
Philippine Reports
- Supreme Court decisions
- 1901 to present Supreme Court Decisions
- No complete compilation of Supreme Court decisions for more than
(20 years)
- National Printing Office cease in 1960s.
- 1982, it was revived by Chief Justice Enrique M. Fernando
 News Paper
- pursuant to Executive Order No. 200, s. 1987 which provides that
laws become effective fifteen (15) days after publication in the
Official Gazette or in two newspapers of general circulation.
Secondary Sources
SCRA - Supreme Court Reports Annotated
-more popular than Philippine Reports
Technology, electronic, or digitized sources : updated legal
information readily available
- Chan Robles Law Firm Library , Arellano Law Foundation
Lawphil.Net.
Vital Legal Documents I edition
-compilations of Presidential Decrees (1973)
Vital Legal Documents II Edition

Vital Legal Documents II Edition

Public Laws Annotated (7 vols.) ,
- compilation of all laws from 1901 to 1935
2. Commonwealth Acts Annotated (3vos.).
- compilation of laws from 1935-1945
The Laws of the First Philippine Republic
- The Laws of Malolos 1898-1899
Classification by Character

Refers to the nature of subject treated in books

Categorizes books as:
Statute Law Books
Case Law Books / Law Reports
Combination (Statute Law and Case Law Books)
Law Finders
Law Finders
Refers to indexes, citators, encyclopedias, legal dictionaries, thesauri or
digests
No up-to-date law finders.
Philippine Law Dictionary, (Moreno, F., 1988)
Philippine Legal Thesaurus, (Sibal, J.A., 1986)
Classification by Character
Legal researchers use online virtual libraries to search legal
information
Supreme Court E-Library
Chan Robles Virtual Library
Lawphil (Arellano)
CD Asia Online
Online databases also include legal information that are not available
in printed form
Opinions of the DOJ, SEC and BSP rules and regulations
Search engines answers for the lack of complete and updated
indexes in legal information
Always start from the latest, except when specific period is
provided.