This document discusses sources of legal research and the legal research process. It covers printed and electronic sources of legal research, including constitutions, statutes, court decisions, and scholarly commentaries. The legal research process involves identifying facts and legal issues, classifying the problem into subject areas, researching relevant laws, and updating as the law changes. The document also summarizes methods of statutory research in the Philippines, including the constitution, treaties, statutes, administrative rules, and ordinances. It discusses primary sources of law like judicial decisions and secondary materials that analyze legal doctrines.
This document discusses sources of legal research and the legal research process. It covers printed and electronic sources of legal research, including constitutions, statutes, court decisions, and scholarly commentaries. The legal research process involves identifying facts and legal issues, classifying the problem into subject areas, researching relevant laws, and updating as the law changes. The document also summarizes methods of statutory research in the Philippines, including the constitution, treaties, statutes, administrative rules, and ordinances. It discusses primary sources of law like judicial decisions and secondary materials that analyze legal doctrines.
This document discusses sources of legal research and the legal research process. It covers printed and electronic sources of legal research, including constitutions, statutes, court decisions, and scholarly commentaries. The legal research process involves identifying facts and legal issues, classifying the problem into subject areas, researching relevant laws, and updating as the law changes. The document also summarizes methods of statutory research in the Philippines, including the constitution, treaties, statutes, administrative rules, and ordinances. It discusses primary sources of law like judicial decisions and secondary materials that analyze legal doctrines.
LEGAL RESEARCH- the investigation for information necessary to support The goal is to classify or categorize the problem into
he problem into general, and
legal decision making. increasingly specific, subject areas and to begin to hypothesize the legal issue. - A lawyer must be able to research the law to provide competent representation to a client. 3. Research the issues presented. a. Organize and plan. SOURCES OF LEGAL RESEARCH b. Identify, read and update all relevant constitutional provisions, 1. Printed sources- include the Constitution, statutes, court decisions, statutes and administrative regulations; statutory compilations administrative rules and scholarly commentaries or computer-assisted legal research 2. Electronic sources- computer databases containing these and other c. Identify, read and update all relevant case law. materials d. Refine the search. 4. Update. Law constantly changes. SOURCES OF LAW - differ in their relative authority. CASE BRIEFING- a digest or condensation of a reported case. Components of 1. Primary sources- recorded laws and rules which will be enforced by a case brief are: the State a. Products of legislative actions – codes and statutes 1. Facts- describe the events between the parties leading to the b. Judicial decisions- SC and CA produce decisions that constitute litigation and tell how the case came before the court that is now our case law. deciding it. Include relevant facts- state who the plaintiff and c. Administrative law- regulations and decisions of government defendant are, basis for suit and the relief sought. agencies 2. Issue(s)- the question the court must decide to resolve the dispute 2. Secondary materials- discuss or analyze legal doctrines, problems between the parties in the case before it. To find the issue, one and provide research references to both primary and other must identify the rule of law that governs the dispute and ask how it secondary materials should be applied to the facts. 3. Finding tools- search materials used to locate legal sources; without 3. Ruling- the court’s decision on the question that is actually before it a topical approach to legal sources, researchers could not find supported by court’s reasoning explaining the court’s decision. existing statues or decisions on point. SYNTHESIZING CASES- the step between research and writing. Where there THE LEGAL RESEARCH PROCESS are many cases relevant to the problem, you must relate the cases to each other. 1. Identify and analyze the significant facts. -compiling a descriptive statement of legally significant facts and STATUTORY LAWS- consists mainly of the following: factual analysis; TARP rule: 1. The 1987 Constitution a. T- Thing or subject matter 2. Treaties and International Agreements b. A- cause of action 3. Statutes enacted by the Legislature c. R- Relief sought 4. Administrative Rules and Regulations d. P- Persons or parties involved. 5. Ordinances enacted by the Autonomous Regions 2. Formulate the legal issues to be researched. 6. Ordinances enacted by the Local Government Units 1. THE PHILIPPNE CONSTITUTION- the supreme law of the land. Pambansa), IX (Prime Minister and the Cabinet), XVI (Amendments) Spanish period- Constitutionalism was a vague concept to the and XVII (Transitory Provisions) were deemed superseded. Filipinos, it was not comprehended in theory and in practice. The 1987 Constitution- Ph is declared a republican democratic state. The Treaty of Paris- marked the commencement of Executive- president with a vice president; legislative- bicameral constitutionalism in the country; different organic laws followed legislature, Congress consisting of the Senate and House of later and progressively enlarged Ph self-government. Representatives; Judiciary- one Supreme Court and statutory courts The Malolos Constitution- organized a Filipino state called the 2. TREATISES AND INTERNATIONAL AGRREMENTS- Have the same Philippine Republic; provided for the national and individual rights force of authority as legislative enactments. A treaty is a compact of Filipinos and aliens which in the main, were literal copies of made between two or more independent nations with a view to the articles of the Spanish Constitution. public welfare. The legislature- unicameral called the assembly of representatives; 3. STATUTES ENACTED BY THE LEGISLATURE *** executive- president who should exercise it through his secretaries, 4. ADMINISTRATIVE RULES AND REGULATIONS- acts and commands of no vice president the President touching on the organization or mode of operation of The 1935 Constitution during the Commonwealth period- provided the government, of the rearranging or readjustment of the districts, for a republican form of government, following the principle of part or parts of the Ph and all acts and commands governing the separation of powers, and contains a bill of rights. In most features, general performance of duties by public employees or disposing of it is modeled after the US Constitution. issues of general concern The legislature- National Assembly, a unicameral body which was 5. ORDINANCES Enacted by the Autonomous Region- ordinances later abolished and its place a Congress was created, a bicameral enacted by legislative assemblies of these regions to govern the body. region and may create administrative agencies to operate in the The 1943 Constitution- broad and centralized powers are vested in regions. the President; legislature- National assembly, a unicameral body. 6. ORDINANCES Enacted by Local Government Units- basic LGUs are This was later declared null and void. provinces, cities, municipalities and barangays which each have The 1973 Constitution- provides for a parliamentary system of gov’t- lawmaking powers to pass ordinances of local interest – measures a president, a national assembly of legislators and a prime minister. for the general well-being of their inhabitants; legally ineffective if Amendments to the 1973 Constitution- granting of concurrent inconsistent with statutes enacted by the Congress lawmaking powers to the president; the creation of interim CASE LAW- comes from the judicial authorities of the State; second majority Batasang Pambansa; making the incumbent president the regular category of primary sources of law after the statues is judicial decisions president and regular prime minister The provisional Constitution of 1986 (Freedom Constitution)- 1. Case Proper adopted in toto the provisions of Art. I (Nat’l Territory), Art. III a. Decisions of the SC- court of last resort; has the power to review (Citizenship), Art. IV (Bill of Rights), Art. V (Duties and Obligations of on appeal or certiorari final judgments and order of lower Citizens) and Art. VI (Suffrage) of the 1973 Constitution, as courta in certain cases such as when errors or questions of law amended. are invoked and where the Constitution or validity of statues are Other provisions were adopted insofar as they were not involved. It has original jurisdiction over petitions for certiorari, inconsistent with the Proclamation while Art. VIII (Batasang prohibition, mandamus, quo warranto, and habeas corpus. b. Decisions of the CA- The intermediate appellate court; generally b. Decisions of Administrative Agencies Exercising Quasi-Judicial has exclusive appellate jurisdiction over the decisions of the RTC powers and other quasi-judicial agencies c. Decisions of the Sandiganbayan- special appellate court LAW BOOKS OF SECONDARY AUTHORIITY- works which are not primary d. Decisions of the CTA- special appellate court; act on protests of authority but which digest, discuss or analyze legal provisions, judicial private persons adversely affected by the tax and customs law decisions or define and explain legal doctrines and terms. e. Decisions of the RTCs- general jurisdiction, a court empowered to try all kinds of case, without monetary or subject matter 1. Case digests- compilations of paragraphs containing concise limitation summaries of points in cases Shari’a courts under the Muslim Code with jurisdiction 2. Treatises and Textbooks- expositions by legal writers on over Muslim Filipinos in Mindanao statutory law and case law pertaining to a particular subject and f. Decisions of the MeTCs, MTCs, MCTCs- jurisdiction is limited to published in book form. civil suits involving relatively smaller amounts of money and to 3. Bar Reviewers- they present a concise presentation of law, legal minor vioaltions of the criminal laws doctrines and leading SC decisions in capsulized form. The Doctrine of Precedence (principle of stare decisis)- decided 4. Legal periodicals- most highly reputable legal periodicals are the cases are considered to be the primary source of law and hence, academic law reviews at major law schools; special academic past decisions are generally binding for the disposition of factually journals; analyze and criticize a particular topic in an in-depth similar present controversies. Judicial decisions or judicial manner; they keep researchers current in developing areas of precedents form part of our legal system (Art. 8 of the NCC) the law. Res Judicata- a matter judged; a cause of action may not be 5. Legal Encyclopedia- treats of all subjects; a comprehensive relitigated once it has been judged on merits or when judgment has treaties of the entire field of law. reached finality between the same parties 6. Law Dictionaries- used for identifying the definitions of words in Ratio decidendi- the holding of the principle of law on which a case their legal sense or use. was decided. It is the ratio decidendi that sets the precedent and is binding on the courts in the future. SEARCH MATERIALS AND FINDING TOOLS- a means of subject access into the large body of law; means for locating primary sources. Obiter dictum- language in decision that is not necessary to the decision; not binding but may be persuasive. 1. Citators- provides subsequent history of reported cases and lists of Binding and Persuasive Authority- Binding when it comes from the cases and legislative enactments construing, applying or affecting decisions of SC and it is the ratio decidendi of the case; persuasive statutes. authority decisions of appellate courts in other jurisdictions and 2. Indexes- usually means a subject-index which is like the index found dicta from prior decisions if carefully reasoned and if it comes from in textbooks, statutes, etc. An alphabetically arranged topical words a respected justice. in which, by means of references under each topic, materials 2. Subordinate decisions relating to these topics expressed in appropriate words is digested. a. Decisions od the Senate Electoral Tribunal and the House of 3. Bibliographies- a list of descriptions of published materials either Representatives Electoral Tribunal- sole judge of all contests relating to a given subject, or by a given author; may refer to an relating to the election, returns and qualifications of their author’s legal works or of literature bearing on a particular subject respective members. or field of law.