LEGAL RESEARCH REVIEWER

BY: JICA GULA

CASES DISCUSSED:
DE ROY VS COURT OF APPEALS
MOTION FOR RECONSIDERATION – ASKING THE COURT TO RECONSIDER ITS DECISION
GRACE PERIOD – TIME GIVEN BEFORE EFFECTIVITY OF THE LAW
* BEFORE A LAW CAN TAKE EFFECT IT SHOULD BE PUBLISHED (ACCORDING TO THE CIVIL CODE)
* WHY IS THERE NO NEED FOR PUBLISHING THE SUPREME COURT DECISIONS?
- RATIONALE: DECISIONS ARE ALREADY PROVIDED TO THE PARTIES INVOLVED, SO THERE IS NO NEED
TO PUBLISH IT ; AND IT IS ALREADY PROVIDED IN THE SCRA
* STATUTES & RULES ARE THE ONES THAT NEEDS TO BE PUBLISHED
* IT IS CRUCIAL TO KNOW OR BE UPDATED OF THE LATEST LAWS/RULES THAT YOU NEED TO ABIDE
- ESPECIALLY FOR LAWYERS, FOR THE REASON THAT YOU MIGHT LOSE A CASE JUST
BECAUSE OF YOUR IGNORANCE OF THE LAW. AS LAWYERS, WE ARE EXPECTED TO KNOW
AND BE AN EXPERT OF THE LAW IN ORDER FOR US TO PROPERLY EXECUTE OUR DUTY IN
HELPING PEOPLE WITH THEIR LEGAL PROBLEMS AND REPRESENTING THEM IN THEIR LEGAL
CASES.
- YOU SHOULD HAVE THE KNOWLEDGE OF WHICH LAWS AND JURISPRUDENCE ARE
APPLICABLE OR RELEVANT TO YOUR CASE
SUBPOENA DUCES TECUM
THE COURT OR THE INVESTIGATIVE BODY ARE THE ONLY ONES WHO CAN ISSUE A SUBPOENA DUCES
TECUM (produce relevant document for the case) / SUBPOENA (appear to testify)
WHY WERE FORMER CHIEF JUSTICE DAVIDE & FORMER ASSOCIATE JUSTICE ALICIA MARTINEZ
ACCUSED OF BEING BIASED AND HAVING BAD FAITH?
- THEY OVERTURNED THE DECISION OF THE LOWER COURTS, AND IN DOING SO, THEY
REVIEWED THE FACTS OF THE CASE WHICH IS A VIOLATION
* SUPREME COURT IS NOT A TRIER OF FACTS; THEY ARE ONLY LIMITED TO QUESTIONING OR
INTERPRETING THE LAW
* FINDING OF FACTS IS A POWER GIVEN ONLY TO THE RTC
NOTES:
* YOU CANNOT CITE AS A LEGAL BASIS AN OBSOLETE RULE
* YOU CANNOT CITE A PREVIOUS CONSTITUTION UNDER A NEW CONSTITUTION
12.01RULE
RESPONSIBILITY OF A LAWYER TO BE PREPARED ON COURT
- ACT OF SHOWING RESPECT TO THE COURT
- LAWYERS ARE THE OFFICERS OF THE COURT
* WORST CASE SCENARIO: YOU LOSE THE CASE
LEGAL RESEARCH REVIEWER

BY: JICA GULA

* FOUR FOLD OBLIGATIONS OF A LAWYER:

1. OBLIGATION TO THE CLIENT
2. OBLIGATION TO THE COURT
3. OBLIGATION TO COLLEAGUES
4. OBLIGATION TO THE COUNTRY

I. DEFINITION OF LEGAL RESEARCH

- SEARCH FOR AUTHORITY that will aid in finding the solution to a legal problem
- Process of identifying and retrieving information necessary to support legal decision
making
- Involves locating the laws (authority) enforced by the state and finding out what the
law is as well as the general principles that govern its application AND assess how the
law is significant to the case (research & analysis)

NOTE: Do NOT ignore those cases or statutory provisions that does not favor the client’s
position, it should be further analyzed if possible (to make necessary connections that could
help the case)

STEP 1 : Analysis of the facts of a problem / PROBLEM IDENTIFICATION AND ANALYSIS

 Collect the facts

 Classify the facts
 Determine legal issue/s
 Identify the jurisdiction

STEP 2 : Concludes with the application / INFORMATION SEARCH & RETRIEVAL

STEP 3 : and Communication of the results of the investigation

IMPORTANCE

- NECESSARY FOR SOLVING LEGAL PROBLEMS

- PROVIDE COMPETENT REPRESENTATION (which requires the legal knowledge, skill,
thoroughness and preparation reasonably needed for the representation)
- TO UPHOLD THE STANDARDS OF THE LEGAL PROFESSION
- IN ORDER TO BECOME A COMPETENT PRACTITIONER

II. SOURCES OF LEGAL RESEARCH

 Printed sources:
1. CONSTITUTION
2. STATUTES / STATUTORY LAW
- legislative enactments
- executive issuances
LEGAL RESEARCH REVIEWER

BY: JICA GULA

3. ADMINISTRATIVE LAW – issued by agencies in charge with regulating an

area of conduct (REGULATORY MATERIALS)
4. CASE LAW – decided or written opinions by courts (COURT DECISIONS)
5. SCHOLARLY COMMENTARIES
 Electronic sources (Computer databases) – changed the nature of legal research and
improved its effectiveness

III. SOURCES OF LAW

1. PRIMARY SOURCES
- Recorded rules and laws enforced by the state
 Official pronouncements of law by the legislative branch
- Legislative actions
- Constitution
- Statutes
- Codes
 “ “ judiciary branch
- Judicial decisions
- cases
- Supreme court
- Court of appeals
- Trial courts
 “ “ executive branch
- Executive orders
- Administrative rules and regulations
- Ordinances

NOTE:

 Can either be MANDATORY (BINDING) – considered in making a conclusion in a legal matter;

must be followed and must be cited first or PERSUASIVE (NON-BINDING) – considered when
there is NO mandatory authority on a subject, eg. Laws & decisions of other jurisdictions ; it may
be cited
 IT IS THE LAW ITSELF (as expressed in the verbatim texts)
 Generally binding or mandatory -
 SOURCE OF LAW a court MUST RELY ON when reaching a decision
 Eg. Persuasive primary source – court decisions which do not have to be followed but which may
be used as examples of good reasoning

 SOURCES OF PRIMARY AUTHORITY

- Legislative branch:
 Congress – Senate & HOR
 Legislative enactments – Acts, Commonwealth Acts, Republic Acts, Batas Pambanas
(issued bu unicameral batasang Pambansa)
LEGAL RESEARCH REVIEWER

BY: JICA GULA

-Executive branch:
 Office of the president – presidential decrees ; treaties & international agreements ;
administrative agencies (orders, rules, memorandum orders) ; Local government
units (ordinances)
- Judiciary branch:
 Supreme court
 Rules of court – civil procedure ; special proceedings, small claims cases
 Jurisprudence or case law – decisions and resolutions of the court
HIERARCHY OF LAWS:
1. 1987 CONSTITUTION
- supreme law of the land because it is made by the people for the people
2. STATUTES / TREATIES (OF EQUAL LEVEL)
*which will prevail in a conflict between statutes and treaties?
- it depends. We have what we call Generally Accepted International Laws which gives
visiting foreign representatives of a country a blanket immunity to our jurisprudence

- in the eyes of International Law, treaties always prevail due to the Doctrine of Pactus
Sergand - wherein no law of your country should prevail international laws; you willingly
submit or agreed in this treaty so you have to abide to it

* what to do when there is conflict between statutes?

- reconcile it first
- through Statutory construction tools:
1. General Law vs Specific Law
- specific laws always prevail
2. Later Law vs Previous Laws
- later laws always prevail; it is the latest expression of the law of the people

3. IMPLEMENTATION OF RULES & REGULATIONS

- crafted by the Executive department because they have the expertise
4. DECISIONS OF THE COURT / CASE LAWS / JURISPRUDENCE
- technically not a law, they are interpretation of the law BUT it is still considered as a
“law”
- lower part of the hierarchy because when they interpret, they must be faithful to the
laws they interpret
5. ORDINANCES
- laws passed by the local legislative bodies of the Philippines: LGUs
* provinces -- sanggunian panlalawigan
- members: board member
- local chief executive: Governor
* cities -- sanggunian panglungsod
- members: counselors
- local chief executive: Mayor
* municipalities -- sanggunian bayan
LEGAL RESEARCH REVIEWER

BY: JICA GULA

- members: counselors
- local chief executive: Mayor
* baranggay -- sangguniang baranggay
- members: kagawad
- local chief executive: barangay chairman
* Autonomous Regions -- The Regional Assembly
- members: assembly men

NOTE: THOSE THAT ARE UNDER THE CONSTITUTION CANNOT GO AGAINST IT

2. SECONDARY SOURCES
- Commentaries (on the law)
 Law review articles
 Restatements of the law
 Legal encyclopedia
 Legal writings
- Academic journals – law reviews
- IBP journals and lawyers review

NOTE:

 PRIMARILY PERSUASIVE (NON-BINDING)

 A SOURCE A COURT MAY RELY ON THAT IS NOT THE LAW
 Resources about the law, not the law itself
 It is commentary on the law that aids what the law is and its application
 Legal sources that interprets, analyze, or compile the law
 Secondary source: Published by private or commercial entities

* HELP YOU UNDERSTAND WHAT THE LAW IS

* AUTHORS ARE CONSIDERED AS EXPERTS IN THEIR OWN FIELD ; HIGHLY QUALIFIED

* E.G. AMICUS CURAE - “FRIEND OF THE COURT” ; THE COURT CALLS FOR THEM TO HELP IN
ENLIGHTENING THEM ABOUT THE LAW AND HELP IN THEIR DECISIONS

NOTE:

- YOU DON’T GO TO SECONDARY MATERIALS IF YOU HAVE A PRIMARY SOURCE

- STICK WITH THE PRIMARY SOURCE

- YOU CAN ONLY CITE SOLELY A SECONDARY SOURCE IF THERE IS AN ABSENCE OF PRIMARY SOURCE

- BUT YOU CAN CITE BOTH PRIMARY AND SECONDARY TO EXPOUND MORE THE DISCUSSION

* TIPS TO STRENGTHEN YOUR ARGUMENTS / PLEADINGS:

- CITE CONSTITUTION FIRST -> THEN CITE STATUES -> THEN CITE JURISPRUDENCE
LEGAL RESEARCH REVIEWER

BY: JICA GULA

IV. LEGAL RESEARCH PROCESS

1. SYSTEMATIC APPROACH TO LEGAL RES

a. Identify and Analyze the Significant Facts
- Compiling a descriptive statement of legally significant facts
T – Thing or subject matter
A – Cause of action or group of defense
R – relief sought
P – persons or parties involved
* TARP is used to analyze your facts

b. FORMULATE THE LEGAL ISSUES TO BE RESEARCHED

- GOAL: classify the problem into general, and increasingly specific, subject areas
– begin hypothesize legal issues

 Consult general secondary sources for an overview of all relevant subject areas
 To provide background info to help formulate issues
 Tools NOT the objects of research
 Arrange the statement of the issues into a logical pattern to easily form
an outline

c. RESEARCH THE ISSUES PRESENTED

 Organize and Plan – write down all sources to be researched (even if
the sources are repeated)
 Identify, read, and update all relevant constitutional provisions,
statutes and administrative regulations – which can be identified
through:
 Statutory compilations – table of contents & index
 Computer-assisted legal research – philjuris ; lex libris
 Secondary sources – commentaries and law review mats

 Identify, read, and update all relevant case law

 note its full citation, ponente, date of decision, relevant facts,
the holding, summary of the court’s reasoning, and sources
cited by the court
 Refine the search
 Expand your arguments
d. UPDATE
 Consult PHILJURIS & LEX LIBIRIS on whether the authorities have been
interpreted or altered
 or whether NEW CASES, STATUTES / REGULATIONS have been published
(because law changes constantly)
- A SOURCE A COURT MAY RELY ON THAT IS
LEGAL RESEARCH REVIEWER

BY: JICA GULA

V. OVERVIEW OF THE PHILIPPINE POLITICAL SYSTEM

1. PHILIPPINE CONSTITUTION
- SUPREME LAW OF THE LAND
- Highest authoritativeness and obligation
- Reference to determine the validity of national laws, administrative regulations, local
ordinances, and executive actions
 Establishes and defines the powers of the 3 branches of the govt (legislative,
executive, judiciary)
 Established the broad powers and define the relationship between the federal
and the state
 Defines the rights of the members of society

- EVOLUTION OF PHIL CONSTI

a. Malolos Constitution (Convention) (1898)
- Following the declaration of independence from spain ; where there is a transformation
of the dictatorial government to a revolutionary govt.
- States that people have exclusive sovereignty
- Calls for presidential form of govt
b. 1935 Constitution (Commonwealth)
- Written to meet the approval of the US govt to ensure US would live up to its promise to
grand the Philippines independence

c. 1973 Constitution (Ferdinand Marcos)

- While in the process of drafting, Ferdinand Marcos declared martial law
d. 1987 Constitution
- Following the peple power revolution
- Ratified and took effect on feb 11
- establishes the Philippines as a "democratic and republican State", where "sovereignty
resides in the people and all government authority emanates from them"

2. PHILIPPINE STATE
- Phil has all the elements of a state: people, government, territory, and sovereignty
- Phil is a DEMOCRATIC (essence: individual sovereignty) and REPUBLICAN (run by the
people and for the people) state – sovereignty resides in the people (national
sovereignty)

3. PHILIPPINE NATIONAL TERRITORY

- Comprises the phil archipelago (islands & waters) and all territories which the phil has
sovereignty and jurisdiction
- Philippine laws apply on within the Philippine national territory
- (political law) Embassies of the PH are extensions of the Philippine national territory
LEGAL RESEARCH REVIEWER

BY: JICA GULA

- (application of criminal law) there are exemptions: eg. Article 2 RPC: provisions shall be
enforced not only within the PH Archipelago
a. Commit an offense while on PH ship/airship
b. forge/ counterfeit PH currency
- (civil law application) – family laws binding upon filipinos both LOCAL OR ABROAD
- (property law)
 Lex Rei Sitae – legal doctrine of property and international private law; law
where the property is situated ; it is which the transfer of title is dependent
 However, intestate and testamentary successors shall be regulated by the
national law of the person whose succession is under consideration, what ever
may be the nature of the property and regardless which country the said
property is found

4. PHILIPPINE GOVT.
- 3 branches:
a. Executive – Office of the President (head: president)
b. Legislative – Senate ; HOR (head: Senate president ; speaker of the House)
c. Judiciary – Supreme Court (head: chief justice)
- PH govt is only part of the PH State; it is one of the elements of a state
 IMPORTANT FOR THE LEGAL RESEARCHER: (proper use of terms)
 Proper term is PH STATE when referring to all those in the elements of a
state
 Proper term is PH Govt, when referring to the govt only

- Fundamental powers of the PH state:

a. Police Powers of the PH state – power to regulate liberty and property for the
promotion of the general welfare of the people
b. Power of Eminent Domain – enables the state to acquire private property, upon
payment of just compensation
c. Power of Taxation – power of the state to demand from the people their
proportionate share or contribution in the maintenance of the govt ; simply the
power to collect taxes
- Doctrine of Separation of Powers – what governs the relationship between the 3
branches
a. Legislative
 Power of the Purse
 Lawmaking power is vested in the legislature
 Power to MAKE, REPEAL, AMEND, or ALTER laws
 Process for a bill to become a law
 Bill is introduced by a member of a congress (filed with the secretary
general)
 1st reading – number a title is read; then the referral to the appropriate
committee for further study
LEGAL RESEARCH REVIEWER

BY: JICA GULA

 2nd reading – bill is read in its entirety ; scrutinized and debated

 3rd reading – final check; members register their votes
 If it passed the 3 readings, bill is passed to the other house which will
again undergo 3 readings
 After going through 3 readings from both houses with favorable votes,
bill is submitted to the office of the Pres.
Note: conflict between 2 houses (eg. on provisions proposed): calls
upon a Bicameral Conference Committee to reconcile
 President has to approve in connection with the Principle of Checks and
Balances ; can veto – the house can either accept the veto or override it
with majority vote (2/3) ; lapsed into law – president fails to act on it
within 30 days it will automatically become a law and takes effect 15
days after being publicized
 If approved by the president, it then becomes a law

b. Executive
 Power of the Sword
 President = Chief Executive of the PH Govt
 Qualifications of a president:

 natural born Filipino;

 a registered voter;
 must be able to read and write;
 40 years of age at the day of the election; and
 must have resided in the Philippines ten years before the election is held.

 Powers
 Power of control over executive branch - all the executive
departments, bureaus, and offices.
 Ordinance power - power to give executive issuances, which are
means to streamline the policy and programs of an administration.
6 issuances:
 Executive orders
 Administrative orders
 Proclamations
 Memorandum orders
 Memorandum circulars
 General / special orders

 Power over aliens – over non-filipinos in the PH

 Powers of eminent domain - state has the power to seize or
authorize the seizure of private property for public use with just
compensation
 Power to reserve lands of the public and private domain of the
government
LEGAL RESEARCH REVIEWER

BY: JICA GULA

 Power over ill-gotten wealth

 Power of appointment
 Power of general supervision over local governments

c. Judiciary
- Bastion of rights and liberties of people
- INTERPRETS THE LAW
- Duty to settle actual controversies involving rights which are legally demandable
and enforceable, and determine whether or not there has been a grave abuse of
discretion amounting to lack or excess jurisdiction on the part of any branch of
the govt
- Vested by the constitution with Judicial power
- Supreme court as the source of case law or a.k.a Jurisprudence

5. NATIONAL SYMBOLS
A. National Coat of Arms
B. Flag of the republic of the PH
 stands for unity and national identity; expresses the filipino’s
aspirations for freedom, equality, justice and nobility;
 only flag in the world to signify peace and war – peace: blue stripe on
top of the red; war: red stripe on top of blue
 Blue – peace and unity among filipinos
 red – courage and willingness of the filipinos to shed blood for their
country
 equilateral triangle – equity among men
 8 rays – 8 provinces that first revolted to the Spanish rule
 3 stars – Luzon, Visayas, Mindanao
C. Seal of the Office of the PH
D. Seal of the PH Senate
 Represents 3 historical phases – Philippines, Spanish, American
E. Seal of the HOR
F. Seal of the Supreme Court of the PH