LEGAL RESEARCH 2)Formulate the legal issues to be researched

-process of finding the laws, rules and regulations that govern human 3)Research issues presented
society 4)Update
-investigation for information necessary to support legal decision making
-begins with analyzing the facts of a problem and 1) Identify and analyze the significant facts
concludes with applying and communicating the results of the -identify and analyze facts surrounding particular problem
investigation
Factual analysis first step in formulating legal issues to be
NEED FOR LEG. RES. researched
-lawyer required to provide competent representation to a client T - Thing or Subject matter (problem/controversy)
-competent representation requires legal knowledge, skill, thoroughness A - Cause of action or Group of Defense(identify claim)
and preparation reasonably necessary for representation R - Relief sought (civil action/compel spec. performance)
* In order to conduct legal research effectively, a lawyer should have P - Persons or parties involved (significant to solution of
working knowledge of the nature of legal rules and legal institutions, the problem)
fundamentals of legal research, and the process of devising and
implementing a coherent and effective research design 2)Formulate the legal issues to be researched
1. Classify/ categorize the problem into general and
SOURCES OF LEG. RES. increasingly specific subject areas to hypothesize the legal
1) Printed (C L CD A SC: Constitution, Laws, Court Decisions, Admin issues
Rules and Reg, Scholarly Commentaries) 2. Consult general secondary sources for an overview of all
2) Electronic sources (PHIL JURIS, LEX LIBRIS) relative subject areas
3. Write clear, concise statements of each legal issue carried by
SOURCES OF LAW significant facts which is an important and difficult task
differ in relative authority 4. 0nce statements of issues drafted, they should be arranged in
-binding a logical pattern to form an outline.
-persuasive
-useful tool 3) Research the issues presented
Organize and plan
3 Broad Categories of Legal Literature
1)Primary Source Identify, read, and update all relevant constitutional provisions,
2)Secondary Material statutes and administrative regulations
3)Finding Tools -has table of contents, indexes which list subject and topics
covered by statutes
1)Primary Source - recorded laws, rules and regulations enforced by the Identify, read and update all case law
State -case law has interpreted and applied forms of enacted law
Categories of Primary Sources -indicates contrary conclusions to support your position;
1. Codes and Statutes - govern human activity anticipate both sides of an argument
2. Judicial Decisions - decisions that constitute our case law
3. Admin Law - agencies promulgating regulations governing behavior *Digest - note its:
within areas of expertise full citation
-exercises quasi-judicial capacity by conducting hearings and issuing ponente of decision
decisions to resolve particular disputes date of decision
holding
*Appellate Review summary of court's reasoning
- Higher court reviews decision of Lower court sources cited by courts
*Judicial Review relative faces
- court's determine validity of Legislative and Executive action Refine the search
-after you have identified, read and organized primary sources,
2) Secondary Materials - publications which are of primary authority; go to secondary sources to refine the search or expand the
discuss and analyze legal doctrine; includes: argument
 Treaties
 Encyclopedias Update
 Commentaries -determine whether amendments have been made/ any new
interpretation
3) Finding Tools -laws change constantly
-needed by researcher to locate legal sources
-does not have persuasive authority Case Briefing/Law school case brief
-students digest/ condensation of a reported case
*Digest - reprint head notes summarizing points of law from -no correct form as long as it meets student needs
court decisions
*Keep your briefs brief
SYSTEMATIC APPROACH IN LEG. RES. court reasoning to useful length but dont shortchange the facts
1)Identify and analyze the significant facts doctrine of law, helpful to quote them in verbatim
 Marcos vs Marcos - psychological incapacity may be
Components of Case Brief established by totality of evidence presented.
1. Facts -Husband failed to provide material support and resorted
2. Issue physical abuse and abandonment - totality of acts not
3. Ruling constitute psychological incapacity
*Examination by physician/psychologist NOT SINE QUA
Facts - describe events between parties leading to litigation andNON(Not a requirement) for declaration of Psych. Incapacity
how case came before court
Issue - question court must resolve. dispute between parties Republic vs Dagdag - complainant wife failed to comply with
Ruling - courts decision on question eventually before it evidentiary requirement under guidelines set in Santos and
-provides the answer to the question asked in the issue Molina Case
statement
Supreme Court has laid down substantive and procedural
PSYCHOLOGICAL INCAPACITY requirements for Psychological Incapacity.
-refers to mental incapacity that causes a party to be truly
incognitive of the basic marital covenants that must be assumed Substantive Requirements (gives person rights)
and discharged by parties to a marraige (mutual obligations to : - incapacity must be
live together, observe love respect and fidelity, render help and  a mental one (Santos)
support)  existing at time of marriage (Molina)
 incurable (Molina)
Santos vs CA - failure of wife to return home or to  characterized by gravity of illness (disables party to
communicate with her husband for more than 5 years does not assume marital obligations) (Molina)
constitute psychological incapacity  obligations restricted in those mentioned in Family Code
*Psych. Incapacity must be characterized by: (Molina)
a) gravity (serious illness)
b) juridical antecedence (exists at the time of celebration Procedural Requirements enforces rights)
of marriage) - a mental one (Santos)
c) incurability 1. burden of proof belongs to plaintiff
2. root cause of PI must be
Chi Ming Tsoi vs CA - senseless and protracted refusal of the a. medically proven
husband to have sexual intercourse to procreate children, b. alleged in complaint
equivalent to psychological incapacity c. sufficiently proven
*procreation - essential marital obligation d. clearly explained in decision
3. interpretations of church entitled to great respect
4. prosecution and Sol Gen. appear as counsel
Republic vs CA and Molina - irreconcilable differences and
conflicting personalities do not constitute psychological The following CONSTITUTES Psychological Incapacity
incapacity.  senseless and protracted refusal to have sexual
intercourse, an essential marital obligation
*Guidelines in application of Art. 36 of Family Code:
1. burden of proof belongs to plaintiff Do NOT CONSTITUTE Psychological Incapacity
2. root cause of psychological incapacity must be  failure of wife to return home/communicate more than
a. medically/clinically identified 5 years (Santos)
b. alleged in complaint  irreconcilable differences and conflicting personalities
c. sufficiently proven by experts of spouses (Molina)
d. clearly explained in decision  husband's habitual alcoholism, sexual
3. incapacity must exist at time of marriage infidelity/perversion and abandonment (Hernandez)
4. incapacity must be incurable
5. grave (disables fulfillment of marital obligations)
6. essential marital obligations (Art. 68-71,Art
220,221,225 of Family Code)
7. Interpretations of National Appellate Matrimonial
Tribunal of Catholic Church should be given respect
8. Prosecution and Sol Gen. must appear as counsel for
the state

Hernandez vs CA - husband's habitual alcoholism, sexual

infidelity/perversion and abandonment do not constitute
Psych. Incapacity
STATUTORY LAW The American Period
Consists of 1. Admiral Dewey's victory over Spanish armada in
1. 1987 Constitution Manila bay
2. Treaties and International Agreements 2. capture of Manila by American forces and formal
3. Statutes enacted by Legislature ratification of treaty of peace with Spain
4. Administrative Rules and Regulations 3. transfer of Sovereignty over Phil to the US (Marked
5. Ordinance enacted by Autonomous Regions inception of American Constitutionality in Phil)
6. Ordinance enacted by Local Government Units
A. Organic Laws
Spanish Period - the constitution of a territory under direct control of the
-Ferdinand Magellan planted the sword and the cross on federal government
Philippine in 1521. -takes place of a constitution as a fundamental law of local
-an article in the fundamental provided that the Philippines government
should be governed by special laws. -obligatory and binds territorial authorities, but Congress is
-all laws in the Philippines originated from Spain supreme
-Laws of Indies extended by royal decrees
-there was Philippine representation in Spanish Cortes *principal organic laws prior to 1935 Constitution
-Constitutionalism was vague concept to the Filipinos  Treaty of Paris
 Pres Instructions to Second Phil Commission
Treaty of Paris of 1898  Spooner Amendment
-legal milestone that marked commencement of  Phil Autonomy Act/ Jones Law
constituionalism in the country
-terminated the war between US and Spain Pres Mckinley's Instructions of April 7,1900
-legal starting point of constitutional development -for the guidance of Taft Commission
-reached maturity with adoption of Constitution of the -organization and establishment of courts and organization and
Philippines and declaration of Phil Independence on July establishment of municipal and departmental governments
4,1946 -Legislative power - unicameral body called Phil Commission;
making of rules and orders having the effect of law for raising
Malolos Constitution of 1899 revenue by taxes, customs duties and impost, appropriation and
-named after the capital town of Filipino Revolutionary expenditure of public funds of the Islands
Government
-background of constitution based on centuries of Spanish rule The Spooner Amendment of March 2, 1901
over the Philippines, insurrections against authority of Spain -first action of US Congress asserting its right to govern the
and bad governance; assumption of sovereignty by US Phil
-not new creation, previous constitutional projects had molding -was in the form of a rider to Army Appropriations Bill
influence includes: -established civil government; maintaining and protecting
 Cartilla inhabitants of said Islands in free enjoyment of their libery
 Sangguinian-Hukuman - charter and code of laws and property and religion
morals of Katipunan (Emilio Jacinto 1896) -put an end to military government; shift of military rule to
 Constitution of Biak-na-Bato modeled after civilian rule
Constitution of Cuba (Felix Ferrer, Isabelo Artacho
1897) Philippine Bill of 1902
 consitution for island of Luzon (Gen. Francisco -act temporarily to provide for administration of government in
Macabulos 1898) Philippine Islands
 Constitution of Mariano Pionce -extended to islands guarantees of Bill of Rights of US
 Constitutional Program of Philippine Republic Constitution
 autonomy projects of Paterno (1898) -did not establish new govt, but accepted existing govt
*Through the Charter Soveriegnty resided exclusively in people -provided calling of popular assembly , Philippine Assembly
*Bill of rights includes : 1. after complete peace should have been established in Islands
 religous liberty, 2. two (2) years should have elapsed from completion and
 freedom arbitrary arrest and imprisonment, publication of census
 sanctity of domicile
 prohibition of unreasonable searches and seizures *Philippine Assembly and Philippine Commission formed
 right to choose ones domicile Philippine Legislature
 protection of private property - devoted to regulation and control of public lands, mining,
 right to form association forests, commerce, franchises and municipal bonds
 etc. -established bicameral legislature (81 members, 2 years term)

Legislative - unicameral; called Assembly of Representatives

Executive - vested in President, exercised through Secretaries
Judicial Power - vested in one Supreme Court and in other
courts created by law
Philippine Autonomy Act of 1916 / Jones Law JAPANESE PERIOD
-superseded Spooner Amendment of 1901 and Philippine Bill -Military Administration under martial law over the districts
of 1902 as chief organic act of Philippines. occupied by the Army
contained : -unicameral legislature
 preamble features not embodied in Constitution
 bill of rights article on universal suffrage or holding of popular elections
 provisions defining electorate certain provisions of Bill of rights found in Comm. Consti such
 miscellaneous provisions on finance as:
 franchises prohibition against bill of attainder
 and salaries of officials provisions regarding criminal procedure
-granted general legislative power provision of article on citizenship
- bicameral legislature those creating Commission on Appointments and COMELEC
- 24 members -12 senatorial districts
PERIOD AFTER PHILIPPINE INDEPENDENCE
B. COMMONWEALTH PERIOD a. Martial Law Declaration
1) Tydings-Mcduffie Law of 1934/ Phil. Independence Act -Proclamation No. 1081, September 21,1972, Martial Law
-signed by Franklin Roosevelt
-provided for relinquishment of American Sovereignty over b. The 1973 Constitution
Phil upon expiration of transition period of ten years during -provided parliamentary system of government to replace
which the Archipelago was to be under an all-Filipino system of govt under 1935 consti.
Commonwealth government established that :
 President as head of State
2) The 1935 Philippine Constitution  National Assembly of Legislators
-Phil Independence Law authorized calling of a Constitutional  Prime Minister elected by Natl Assembly
convention - to provide for the adoption of a constitution and a
form of government -official text was promulgated in English and Filipino;
- Consti Convention shall meet in hall of HOR in capital of translated into other local dialects and Spanish and Arabic
Phil. Islands to formulate and draft a constitution for the
government of the Commonwealth of the Phil Islands Secondary sources on 1973 Constitution
- 1935 Const. provides for establishment of govt that shall 1. Enrique M. Fernando Constitution of the Philippines
embody the ideals of the Filipino people, conserve and develop 2. Neptali Gonzales Philippine Constitution Law
patrimony of nation, promote general welfare.....
-provided for republican form of government, follows principle *Batasang Bayan
of separation of powers, contains bill of rights; guarantees -convened by President Marcos , Sept. 21,1976
freedom of speech, freedom of the press and freedom of -quasi-legislative machinery served as forum for discussing
religion policies and programs of crisis government
-contained 17 articles and ends with ordinance appended -mechanism for evaluating policies and programs of LGU's
thereto
c. Amendments to 1973 Constitution
Outstanding Features of 1935 Constitution October 16-17, 1976
1. Bill of Rights - 7 amendments made through referendum-plebiscite as
2. National Assembly proposed by PD No. 1033, includes:
3. strong Executive  -grant of concurrent lawmaking power to president
4. independent Judiciary  creation of Interim Batasang Pambansa
 making incumbent President - regular Pres and regular
* 3 Amendments to 1935 Constitution Prime Minister
By virtue of Tydings-Koscialkowski Act of 1939 January 30,1980 - amendment making 70 years old as
-imposed tariff to Us; increased duty free goods of US (no tax) retirement age for members of judiciary under BP Blg 54
April 17, 1981
1st National Assembly was abolished, replaced by Congress of 1. establishing modified parliamentary govt
Phil and HOR 2. instituting electoral reforms
2nd Term of office of Pres. and VP decreased from 6 to 4 with 3. permitting natural-born citizens who lost their
re-election for Pres (not exceed 8 consecutive years of service) citizenship to be a transferee of private land for their
3rd independent COMELEC created residence
January 27,1984
*Parity Rights Amendment - allowed US citizens and business 1. apportioning members of BP among provinces and
enterprises owned or controlled by such equal rights in the cities and Metro Manila/districts
Disposition, Exploitation, Development and Utilization of 2. providing for an ordinance to be appended to consti
natural resources and operation of public utilities in the 3. establishing diff mode of presidential succession
country. 4. allowing grant of public lands
5. majority of members of cabinet shall come from
elected rep of BP
6. urban land reform and social housing
*17 Amendments were made in 4 instances (1976, 1980, 1981 and Metro Manila Area in accordance with number of
and 1984) inhabitants.
*2 Things stand out:
1. Marcos became seated in power for successive terms Party-list representatives constitute 20 percent of total number
2. Executive and Judicial power was consolidated by of representatives. 1/2 of seats shall be filled by selection or
Marcos election from labor, peasant, urban, poor, indigenous cultural
communities, women, youth, such sectors except religous
d. Provisional Constitution of 1986 sector.
- Pres. Marcos called for special snap elections, Corazon
Aquino challenged for presidency Each legislative district shall comprise as far as practiceable,
-Minister of ND Juan Ponce Enrile holed himself up at Camp Contiguous, Compact and Adjacent territory. Each city with
Aguinaldo, revolted against marcos population of 250k shall have at least 1 rep
-Feb 25,1986 Corazon Aquino proclaimed first woman
President Within 3 years after every census, Congress shall make
reapportionment of legislative districts based on standards.
Provisional Constitution aka Freedom Constitution
b. Types of Legislation
e. 1987 Constitution Legislation includes other types of general legislation
-installed a new govt under Corazon C. Aquino as President of prescribed in admin regulations, local government ordinances
the Republic of the Philippines etc.
-Constitutional Commission of 1986 drafted constitution
-Philippines as republican and democratic State Constitution - legislation of higher political and legal
-Civilian authority supreme over military obligation; rule prescribing instrument which expresses in
-policy of freedom from nuclear weapons in its territory authoritative form general rules or principles that govern
-prohibits Torture, Force, Violence, Threat, Intimidation other exercise of political power without unwarranted governmental
which vitiates free will intrusion.

-bicameral legislature, Senate as Upper house (24 senators) and Forms of Statutes
HOR as Lower House Every bill must embrace on subject.
Republic Acts subsequently numbered,
Executive - vested in President
Judicial - one SC and lower courts by law Enactment of statutes
Judicial power- duty of courts of justice to settle actual Construction of Statues
controversies involving rights which are legally enforceable -simplest approach to interpretation is to look to the common
and demandable and to determine whether or not there has been meaning of words used by legislature
grave abuse of discretion amounting to lack or excess of durable doctrine - plain meaning rule, when statute is clear,
jurisdiction on part of any branch or instrumentality of govt plain and unambiguous
*sustained increase in amount of goods and services and
expanding productivity as key to raising quality of life for all. Legislative intention
specific sense - understanding of legislators themselves as to
Treaties and International Agreements meaning of statutory language
treaty - compact made between 2 or more independent nations general sense - purpose of legislature sought to achieve by
with a view of public welfare enactment of statute
Extrinsic aids - establish legislative intention as a guide to
Statutes enacted by Legislature statutory interpretation
Legislation - formal enactment of laws by competent authority
and in proper manner Purposive interpretation
-most important source of law in modern times Examination of law before enactment of statute
-others are Court Decisions, Jurisprudence and Custom Ascertainment of mischief/defect for which the law did not
provide
Advantages Analysis of legislative remedy
1. make law clear, definite and formal Determination of reason or purpose of remedy
2. laws can be repealed with greater speed and certainty Application of statute so as to suppress the mischief and
advance the remedy
Codification - systematic and logical compilation of statutes on
a certain subject of law Purposive Interpretation does not require legislative history and
is frequently used in construction of statutes where records of
a. Constitutional Provisions legislative history are inadequate.
Legislative power vested in congress, HOR; 24 members
*Expressio uniues est exclusio alterius - expression of one thing
HOR composed of not more than 250 members unless excludes another
otherwise fixed by law; apportioned among provinces,cities, noscitur a sociis - meaning of word may be determined by
reference to words associated with it
ejusdem generis - general words follow an enumeration they
are to be read as limited to things of same general kinds as
specified
pari materia - to be construed consistently with each other

*The authority of maxims is weakened by their very number,

their generality and their inconsistency. Their is a maxim for
almost every purpose and for nearly every maxim, an opposite
can be found.

History of Philippine Legislation

a. Pre-Spanish Period
Conglomeration of Barangays
Chieftain of barangay wanted a law enacted, he called in elders
of community and told them what he had in mind. Chieftain
made necessary rules and regulations; elders immediately
approved.
public announcer - umalahokan, summoned and ordered to go
around barangay to announce promulgation of new rules and
regulations.

Laws historically identified from Panay Island

Maragtas Code - 13th century
Code of Kalantiao - penal code 14th century

Spanish Period
Spanish legislation regarded the indigenous population of the
empire as legal minors; rights and obligations merited
paternalistic protection from the crown and its agents.
Natives were treated as separate Commonwelth, la republica de
los Indios, with its own code of laws and sets of magistrates.

2 kinds of laws enforced by Spain during colonial rule

1. Laws of Spain governing Spanish citizens ; extended by
royal decrees
2. Body of laws to govern colonies

System of Laws of Spain and its Antecedents

Major settlers of spain were Iberians who married Celts
produced mixed race called Celtiberians
Carthaginian influence over Iberian peninsula
Publius Cornelius Scipio captured city of Cartagena earned
name Scipio Africanus.
Spain was Roman territory
Visigoths crushed Roman Infantry legions.

Code of Euric and Brevarium of Alaric

Visigoths produced Codex Eurici