Legal Research Notes

LEGAL RESEARCH Chapter 1 INTRODUCTION TO LEGAL RESEARCH A. Legal Research, Defined It is the process of finding the laws, rules and regulations that govern activities in human society. It involves locating both the laws and rules which are enforced by the State and the commentaries which explain or analyze these rules. Legal Research is also defined as the investigation for information necessary to support legal decision making. Legal Research includes each step of a process that begins with analyzing the facts of a problem and concludes with applying and communicating the results of the investigation. B. The Need for Legal Research  In order to provide a competent representation which requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.  To uphold the standards of the legal profession  In order to become a competent practitioner In order to conduct legal research effectively, a lawyer should have:  a working knowledge of the nature of legal rules and legal institutions  the fundamental tools of legal research, and  the process of devising and implementing a coherent and effective research design C. Sources of Legal Research Legal research involves the use of a variety of printed and electronic sources.  Printed sources: · Constitution · Statutes · Court decisions · Administrative rules · Scholarly commentaries  Computer databases containing these and other materials have dramatically changed the nature of legal research and improved its effectiveness. D. Sources of Law - Three broad categories: 1. Primary Sources - those recorded laws and rules which will be enforced by the State (pure laws) - First major primary sources - legislative actions - codes - statutes - Second major category - judicial decisions - Supreme Court - Court of Appeals - Trial Courts (RTC, MTC, MCTC) - Third primary source - administrative law, or the regulations and decisions of government agencies - state agencies promulgate regulations governing behavior within their areas of expertise - agencies also act in “quasi-judicial” capacity by conducting hearings and issuing decisions to resolve particular disputes Rowena B. Gallego Source: Legal Research by Rufus Rodriguez

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2. Secondary Materials (commentaries and annotations) – vary widely in purpose and quality, ranging from authoritative treaties by great academic scholars to superficial tracts by hack writers. It can help analyze a problem and provide research references to both primary sources and other secondary materials - Publications which are not primary authority but which discuss or analyze legal doctrine are considered secondary materials: - Treatises - Commentaries - Encyclopedias - Most influential legal writings - academic journals (law reviewers of law schools) - IBP journals and Lawyers Review - secondary materials through the use of: - law library catalog - legal periodical indexes - other bibliographic aids - commentaries from the primary sources 3. Finding Tools – search materials to locate legal sources; means of locating primary sources - SCRA Quick Index-Digests - PHILJURIS & LEX LIBRIS – computer based legal research systems, provide the capability to search for cases and other documents by using practically any word or combination of words. Chapter 2 THE LEGAL RESEARCH PROCESS A. Systematic Approach to Legal Research - basic steps are recommended: 1. Identify and Analyze the Significant Facts – begins with compiling a descriptive statement of legally significant facts. The TARP Rule is a useful technique to analyze your facts according to the following factors: T – Thing or subject matter A – Cause of Action or group of defense R – Relief sought P – Persons or parties involved 2. Formulate the Legal Issues to be Researched - this is the initial intellectual activity that presumes some knowledge of the substantive law. The goal is to classify or categorize the problem into general, and increasingly specific, subject areas and to begin to hypothesize legal issues. - Consult general secondary sources for an overview of all relevant subject areas, this can be used to provide background information to help formulate issues; they are tools NOT the objects of research - Statement of the issues should be arranged in a logical pattern to form an outline 3. Research the Issues Presented – begin to research the issue a. Organize and Plan – write down all sources to be searched under each issue to be researched, even if sources are repeated b. Identify, Read and Update All Relevant Constitutional Provisions, Statutes and Administrative Regulations – these primary sources can be identified in several ways: - Statutory Compilations – tables of contents and indexes that list the subject and topics covered by the statutes Rowena B. Gallego Source: Legal Research by Rufus Rodriguez

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- Computer-Assisted Legal Research - PHILJURIS and LEX LIBRIS - Secondary Sources – treaties and commentaries and law review articles, commonly cite relevant constitutional provisions, statues, and administrative regulations c. Identify, Read and Update All Relevant Case Law – note its full citation, the ponente, date of decision, relevant facts, the holding, summary of the court’s reasoning, and the sources cited by the Court d. Refine the Search – expand your arguments 4. Update – consult the PHILJURIS or LEX LIBRIS to determine whether the authorities have been interpreted or altered in any way, or whether new cases, statutes or regulations have been published; law changes constantly; our Congress passes new statutes and modify old ones; our Supreme Court either refines the law or reaffirms the law or even changes the interpretation of the law. Chapter 3 FUNDAMENTAL RESEARCH SKILL: CASE BRIEFING AND SYTHESIS OF CASES A. Case Briefing – process of digesting or the condensation of a reported case. There is no one “correct” form for a case brief since it is a document that is created to meet the student’s needs. The typical components of a case brief are: 1. Facts –describe the events between the parties leading to the litigation and tell how the case before the court that is now deciding it. Include those facts that are relevant to the issue the court must decide and to the reasons for it decision. You will not know which facts are relevant until you know what the issue or issues are.  State the plaintiff ad defendant  Basis for plaintiff’s suit  Plaintiff’s relief  Include the ruling of the Lower Court and Court of Appeals 2. Issue(s) – question that the court must decide to resolve the dispute between the parties in the case before it.  Identify the rule of law that governs the dispute and ask how it should apply to those facts 3. Ruling – court’s decision on the question that is actually before it, but if they do not relate to the question actually before it, they are dicta or dictum (expression of opinion or a point other than the precise issue involved in determining a case). * provides the answer to the question asked in the issues * supported by court’s reasoning explaining and supporting the court’s decision B. Synthesizing Cases – process of relating the cases to each other. By this process, we can understand the applicable area of law and then use the synthesis to analyze the proble 1. Understand the applicable area of law 2. Use the synthesis to analyze the problem 3. Synthesizing is the step between your research and your writing

Rowena B. Gallego Source: Legal Research by Rufus Rodriguez

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Chapter 4 STATUTORY LAW STATUTORY LAW consists mainly of the following: 1. 2. 3. 4. 5. 6.

The 1987 Constitution Treaties and International Agreements Statues enacted by Legislature Administrative Rules and Regulations Ordinances enacted by Autonomous Region Ordinances enacted by Local Government Units

1. THE PHILIPPINE CONSTITUTION – “law” and law of the highest authoritativeness and obligation. As “supreme law of the land”, it is the ultimate authority to which reference must be made to determine the validity of national laws, administrative regulations, local ordinances and executive actions. a. Spanish Period - Leyes Constitucionales de Espana - Derecho Parliamentario Espanol (3 volumes) - Ponce, Efemerides Filipinas - Prologue, Filipinas en las Cortes b. The Treaty of Paris - Official Gazette, Vol. 1 (Appendix) - U.S. Statutes at Large, Vol. 30 - Public Laws (Philippine Commission and Philippine Legislative) - Acts of Congress and Treaties Pertaining to the Philippine Islands c. The Malolos Constitution of 1899 - Heraldo de la Revolucion - La Revolucion Filipina (Apolinario Mabini, published by Bureau of Printing in 2 vols.) - Reports of the Philippine Commission to the President (Gov’t Printing Office, 4 vols.) - Mis Memorias Sobre La Revolucion (Calderon) - La Constitucion de Malolos (Kalaw) - Archivo del Bibliofilo Filipino (Retana) - Documentos para la Historia de Filipinas (Calderon) - Planes Constitutionales para Filipnas (Kalaw) - Resena Veridica de la Revolucion (Aguinaldo) - Philippine Constitutional Law (Malcolm) - The Philippine Islands (Blair and Robertson) d. The American Period a. Organic Laws - Pres. McKinleys’s Instructions of April 7, 1900 - Official Gazette (Vol. 1 – Preliminary Number) - Public Laws (Philippine Commission, Vol. 1) - Reports to the Philippines Commission to the President (Vol. 1) - The Spooner Amendment of March 2, 1901 - U.S. Statues at Large – Vol. 31 - The Philippine Bill of 1902 - U.S. Statutes at Large – Vol. 32 - U.S. Code – Titles 2 and 48 - The Philippine Autonomy Act of 1916 - U.S. Statutes at Large – Vol. 39 - U.S. Code – Titles 2, 39 and 48 b. The Commonwealth Period - The Tydings-McDuffie Law of 1934 Rowena B. Gallego Source: Legal Research by Rufus Rodriguez

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- U.S. Statutes at Large – Vol. 48 - U.S. Code – Title 48 - Discussed in the Philippine Charter of Liberty by Osias and Baradi - The 1935 Philippine Constitution - Public Laws of the Philippines (Vol. 30 – Appendix) - Official Gazette – Vol. 34 - Messages of the President – Vol. 1 revised edition (1936) - Proceedings of the Constitutional Convention of 1935 by Sen. Jose P. Laurel (7 vols.) - Journal of the 1935 Constitutional Convention (3 vols.) - Journal of the Constitutional Convention of the Philippines (7 volumes) - Framing of the Philippine Constitution - 2 vols. - Constitutional Convention Records (11 vols.) - Secondary sources: - Philippine Constitutional Law (Malcolm and Laurel, Lawyers Cooperative Publishing Co., Manila, 1936) - Constitution of the Philippines (Tanada and Fernando, 1952) - Philippine Constitutional Law (Martin, Rev. Ed., Philaw Publishing, Manila, 1954) - Constitutional History (Francisco, East Publication, Manila, 1956) - Political Law of the Philippines (Tanada and Carreon, 1956) nd - Philippine Constitutional Law (Sinco, Community Publishing, Manila, 2 Ed., 1960) - Philippine Annotated Laws (The Lawyers Cooperative Publishing Co., 1956) e. The Japanese Period (1943 Constitution) - Official Gazette (Vol. 2 – Special Number 9-A) f.

Period After Philippine Independence in 1946 a. Martial Law Declaration b. The 1973 Constitution - Official Gazette (Vol. 68, No. 50; Vol. 69 No. 4) - Constitutional Convention Archives – U.P. Law Library - From McKinley’s Instruction to the Constitution: Documents on the Philippine Constitutional System, Central Book Supply, Inc., Manila, 1978 - Secondary sources - Constitution of the Philippines (Fernando, Central Book Supply, Inc., 1973 Ed.) th - Philippine Constitutional Law (Gonzales, 4 Ed., Rex Book Store, Manila, 1975) c. The Amendments to the 1973 Constitution d. The Provisional Constitution of 1986 – Freedom Constitution - Vital Legal Documents in the New People’s Government – Central Book Supply, Inc. - Constitutionalism in the Philippines, 1997 (Rufus Rodriguez) e. The 1987 Constitution - Official Gazette - The New Constitution of the Philippines (Noledo) - Constitutionalism in the Philippines (R. Rodriguez) - Record of the Philippine Constitutional Commission (5 vols.) and its 3-vol. Journals - Secondary sources - The 1987 Constitution of the Philippines with Comments and Cases - The Aquino Presidency and the Constitution - The Constitution of the Republic of the Philippines – A Commentary – 1996 - Textbook on the New Philippine Constitution, 1999 - Constitutional Law - Human Rights: An Introduction Course - Constitutional Law, Text and Cases - Principles, Comments and Cases in Constitutional Law

Rowena B. Gallego Source: Legal Research by Rufus Rodriguez

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2. TREATIES AND INTERNATIONAL AGREEMENTS – a compact made between two or more independent nations with a view to the public welfare - Official Gazette - Treaty Series - Acts of Congress and Treaties Pertaining to the Philippine Islands - Philippine Treaty Series - Philippine Treaties Index - The Lawyer’s Review, International La Documents - Law of the Sea - Philippine Yearbook of International Laws – Vols. IX to XV - Documents in Contemporary International Law – 2 vols. - Vital ASEAN Documents - The Ocean Law and Policy Series - Philippine Trade and Economic Agreements - World Bulletin - Secondary materials - Cases and Materials on International Law - Public International Law – 1974 - International Law – 1998 Ed. (Coquia Jr. and Santiago) - International Law – 1998 Ed. (Cruz, I.A.) - International Law, with Philippine Cases and Materials and Asean Instruments – 1999 Ed. 3. STATUTES ENACTED BY THE LEGISLATURE a. Legislation in General – is the formal enactment of laws by competent authority and in the proper manner 1. Constitutional Provisions 2. Types of Legislation 3. Form of Statutes 4. The Enactment of Statutes 5. The Construction of Statutes b. History of Philippine Legislation 1. Pre-Spanish Period 2. Spanish Period a. Spanish Laws Made Applicable to the Philippines 1. The system of law in Spain and its antecedents a. The Code of Euric and the Brevarium of Alaric b. Fuero Juzgo c. Fuero Real d. Las Siete Partidas e. Leyes de ToroNueva Recopilacion f. Novisima Recopilacion 2. Modern Spanish Codes a. Codigo de Comercio of 1885 b. Codigo Penal of 1870 c. The Codes of Civil and Criminal Procedure d. Codigo Civil of 1889 b. Laws Specially Enacted for the Colonies 1. Legislation for the Colonies 2. First Collection of Laws Relating to the Colonies 3. Compilation of Laws Initiated by the Council 4. The Codigo Ovandino 5. General Compilation by Aguilar y Acuna and Pinelo 6. The recopilacion de Leyes de los reynos de Indias 7. Compilations Subsequent to the Recopilacion c. Evaluation of the Laws in the Philippines During the Spanish Period

Rowena B. Gallego Source: Legal Research by Rufus Rodriguez

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d. Materials on the Spanish Laws 1. Primary Materials a. Boletin Oficial b. Gaceta de Manila c. Archivo de Bibliofilo Filipino (5-vol., 1895-1905) d. Codigo Penal de Filipinas y Ley Provisional e. Codigo Comercio f. Codigo Penal 2. Secondary Materials a. Civil law b. Criminal law c. Commercial law e. Legislation in the Philippines during the Spanish period 3. The period of the Philippine Revolution 4. The American Period 5. The Commonwealth Period 6. The Japanese Period 7. The Period after Independence 8. The Martial Law Period 9. Aquino’s Revolutionary Government 10. Period under 1987 Constitution c. Publication on Philippine Statutes, in general d. Summary of Philippine Legislation

PERIOD

LEGISLATIVE AUTHORITY

NAME OF STATUTES

NO. OF STATUTES

FIRST LAWS PASSED

1900-1935

Philippine Commission Philippine Assembly Philippine Legislative

Acts

4,275

1935-1941

National Assembly

Commonwealth Acts

733

1946-1972

Congress

Republic Acts

6,635

1972-1986

Marcos as Legislator under Martial Law

Presidential Decrees

2,036

Batasang Pambansa

Batas Pambansa

891

BP 1 - Appropriating Funds for the Gov't from Jan. 1 - Dec. 31, '79

President Aquino as Legislator in the Revolutionary Gov't

Executive Orders

302

EO 1 - Creating the PCGG

Congress

Republic Acts

1986-1987

1987 to present

Rowena B. Gallego Source: Legal Research by Rufus Rodriguez

2,524

Act 1 - Appropriating $2M for highways and bridges CA 1 - Providing for National Defense of the Philippines RA 1 - Appropriating Funds for Gov't of the Commonwealth July 1, 1946-1947

PD 1 - Reorganizing the Executive Branch of the Government

RA 6636 - Resetting Local Elections from Nov. 9, 1987 to Jan. 18, 1988

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4. ADMINISTRATIVE RULES AND REGULATIONS a. Administrative acts and commands of the President of the Philippines touching on the organization or mode of operation of the government of the rearranging or readjustment of the districts, divisions, part or parts of the Philippines and all acts and commands governing the general performance of duties by public employees or disposing of issues of general concern are made effective by the issuance of Executive Orders. Those orders fixing the dates when specific laws, resolutions or orders are to have or cease to take effect and any information concerning matters of public moment determined by law, resolution, or executive orders, take the form of proclamations. Ordinarily, administrative orders are confined to the exercise by the President of the Philippines of his power deciding administrative cases. Sometimes they may contain regulations for the conduct of subordinate officers in the executive department in the performance of their official duties. During the Commonwealth Period, the administrative acts and orders of the President were published in the:  Executive Orders – 4 volumes  Proclamations – 7 volumes, covering period from 1935 to 1941 b. Executive Orders and Proclamations of the Governor-General during the American period were published annually in a set entitled “Executive Orders and Proclamations”. Thirty-three volumes were published until 1935, by the Bureau of Printing.  Official Gazette and  Public Laws as appendices c. Government agencies may also be grouped together in accordance with their powers and functions: 1. Agencies with implied quasi-legislative powers – they have administrative rules and regulations which have not been expressly directed by law to be issued, but they are necessary in the proper discharge of the functions of the agency.     

Bureau of Forestry Bureau of Prisons National Bureau of Investigation Bureau of Tourism Services Department of Social Welfare and Development

2. Agencies with express quasi-legislative powers – they are specifically authorized by law to promulgate implementing rules and regulations      

Government Service Insurance System Social Security System Department of Labor and Employment Bureau of Internal Revenue Philippine Medical Care Commission Board of Investments

3. Publications on Administrative Rules and Regulations – usually published in Official Gazette; each department, bureau or agency issuing orders imposing penalty for their violation, rules and regulations are expected to keep official records and files thereof and mimeograph copies are usually made available to the public.

Rowena B. Gallego Source: Legal Research by Rufus Rodriguez

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General studies made of administrative offices and their rule-making power include:    

Administrative Law – Carreon Administrative Law – Fernando & Fernando Administrative Law and Revised Administrative Code – Martin Administrative Law of the Philippines – Rivera

4. Materials containing Administrative Rules and Regulations are also found in The National Administrative Register – containing rules and regulations, circulars, memoranda and other official issuance issued by different government agencies, published quarterly; Vols. 1 to 12 (1990-2001) by the UP Law Complex 5. Publications by the particular administrative agencies: a. Civil Service Commission  Book V of the Revised Administrative Code of 1987 on the Civil Service Commission – lays down the basic policies and provisions of the law on the CSC as the central personnel agency of the government. It also presents the systems and procedures by which the operation of the civil service are to be based including personnel administration.  Omnibus Rules Implementing Book V of Exec. Order 292 and Other Pertinent Civil Service Laws – lays down the implementing rules adopted and prescribed by the CSC to carry out the provisions on civil service embodied in Book V of the Revised Administrative Code of 1987. Also includes the revised rules on appointments and other personnel action and new rules on leave.  Uniform Rules on Administrative Cases in the Civil Service – embodies the uniform rules of procedure in the conduct/adjudication of all administrative proceedings, either disciplinary or non-disciplinary, in the civil service both at the commission and agency levels. It also contains the revised schedule of penalties for the classifications of administrative offenses.  Rules implementing the Code of Conduct and Ethical Standards for Public Officials and Employees (RA 6713) – lays down the prescribed rules set by the CSC in the application/implementation of the provisions of RA 6713 otherwise known as the Code of Conduct and Ethical Standards for Public Officials and Employees. Includes the full text of RA 6713.  Revised Omnibus Rules on Appointment and Other Personnel Actions – consolidated general rules and policies on appointments and other personnel and other personnel actions in the civil service. This manual also lays down the responsibilities of the human resources management officer/personnel officer, certain modes of separation from the service and prohibitions.  Omnibus Rules on Leave – a handbook containing pertinent policies and implementing rules and regulations governing leave administration. Also includes a listing of leave privileges/benefits and their corresponding entitlement and availment; illustration of how to compute leave credits and monetization.  Personnel Officers Manual – outlines the responsibilities of the personnel officer in the different areas of human resource management and development such as recruitment and examination, promotion, performance evaluation, appointments preparation, leave administration, retirement, personnel relations, discipline, benefits, rewards, incentives and career development. It also discusses the legal authority and objectives of the Council of Personnel Officers.  Revised Policies on Performance Evaluation System – presents a comprehensive discussion of the revised policies on performance evaluation in the civil service adopted by the CSC to install and implement performance-based security of tenure. The PES aims to draw up an objective assessment of employee performance.  Agency Performance Evaluation System (A Model) – a model for the development of PES designed by the CSC. The pES Model will help or guide agencies in preparing Rowena B. Gallego Source: Legal Research by Rufus Rodriguez

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 





their respective PES based on corresponding policies and its proper application. Compliance with the revised PES by agencies is crucial as it will serve as the basis for all agency personnel actions such as promotion and grant of productivity incentive bonus. Memorandum Circulars 1992-2000 – an annual compilation of all memorandum circulars issued by the CSC in book form. Memorandum Circulars are complied per year. Qualification Standards Manual – contains an alphabetical listing of roughly 4,000 positions in government service with corresponding educational, experience, training and eligibility requirements. It also includes the positions’ respective salary grade level, and sector classification. The qualifications listed in this level, and sector classification. The qualifications listed in this manual are the minimum requirement set by the CSC for each position; agencies are not precluded from setting higher standards that will suit their needs. CSC Memo Circulars Index (1988-1998) – contains a listing of all memo circulars issued by the CSC covering the period 1988-1998, classified according to subject. It also indicates the newspaper and date of publication for circulars which were published to ascertain their respective dates of effectivity. Manual on Definitions of Administrative Offenses in the Civil Service – a handbook of definitions to serve as aid for legal practitioners as well as government workers involved in handling administrative cases and other legal matters.

b. Securities And Exchange Commission a. SEC POLIO, 1946 -1976 b. SEC BULLETIN c. SEC WEEKLY BULLETIN c. Central Bank a. Financial journal b. Central bank annual reports and compilations d. Department Of Labor And Employment a. Rules and regulations implementing the labor code e. Department Of Agrarian Reform a. Comprehensive agrarian reform program and presidential issuances f.

Department Of Justice a. Department of justice, revised circulars 1963

g. Dangerous Drugs Board a. Dangerous drugs board regulations 1988 h. Board Of Investments a. Omnibus Investments code and implementing Regulations 1989 i.

Office Of The Insurance Commission a. Insurance Reporter

5. ORDINANCES ENACTED BY THE AUTONOMOUS REGION – the 1987 Constitution created the Autonomous Regions in Muslim Mindanao and in the Cordillera. The legislative assemblies of these autonomous regions enact ordinances to govern the region and may create administrative agencies to operate in the regions. Rowena B. Gallego Source: Legal Research by Rufus Rodriguez

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6. ORDINANCES ENACTED BY LOCAL GOVERNMENT UNITS – the basic local government units are the provinces, cities, municipalities and barangays. Each of these units have lawmaking powers to pass what is commonly called ordinances” (to distinguish them from statutes enacted by Congress) which are usually of local interest only. A local ordinance is legally ineffective if inconsistent with statutes enacted by Congress. COMPUTERIZED LEGAL RESEARCH SERVICES – the text of the Constitutions and statutes above mentioned may be sourced from two computerized legal research services. 1. Lex Libris – produced by CD Asia, Inc., with the following databases: a. b. c. d. e. f. g. h. i. j. k.

Laws (Philippine Edition), Vol. I; Taxation (Phil. Edition), Vol. II; Jurisprudence (The Phil. Supreme Court Reports), Vol. III Department of Justice (Opinions of the Secretary), Vol. IV Local Autonomy and Local Government, Vol. V Environment and Natural Resources, Vol. VI Labor and Social Legislation, Vol. VII Elections, Vol. VIII Trade, Commerce and Industry, Vol. IX Bangko Sentral ng Pilipinas, Vol. X Securities and Exchange Commission, Vol. XI

2. Philjuris – produced by Gigabytes Research Systems, Inc. also has a database on all laws of the Philippines. Chapter 5 CASE LAW While statute law is derived from the lawmaking agencies of the government, case law comes from the judicial authorities of the State. Case law may be divided into: 1. Decision Proper a. b. c. d. e. f.

Decisions of the Supreme Court Decision of the Court of Appeals Decisions of the Sandiganbayan Decisions of the Court of Tax appeal Decisions of the Regional Traila courts Decisions of the Municipal, Municipal Circuit and Metropolittan trial courts

2. Subordinate Decisions a. Decisions of the Senate electoral tribunal and house of representative electoral tribunal b. Decisions of administrative agencies exercising qausi judicial powers, such as: i. Commission on Elections ii. Civil Service Commission iii. Commission on Audit Rowena B. Gallego Source: Legal Research by Rufus Rodriguez

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iv. v. vi. vii.

National Labor relation commission Insurance commission Housing and land Use regulatory board Department of Agrarian Adjudication board

 THE PHILIPPINE JUDICIAL SYSTEM A. PRE-SPANISH PERIOD – trials were held publicly and decisions were rendered promptly. The accuser and the accused faced each other with their respective witnesses. The latter, to show their honesty and sincerity, took an oath to this effect…. The disputants then began presenting their arguments, buttressed by the testimonies of their respective witnesses. The chieftain listened attentively and the elders took mental notes of the arguments. The disputant with more witnesses to his side was adjudged as winner. In this case, the chieftain, acting as Judge and executive, enforced his judgment by siding openly with the winner and compelling the defeated party to respect the judgment of the honorable court. . Under such circumstances, the defeated party had no other recourse than to bow to the inevitable. B. SPANISH PERIOD – Magellan’s arrival in the Philippines in 1521 became the basis for Spain to claim and colonize the islands. Three Spanish expeditions were sent to the islands which all ended in failure. Finally on November 21, 1564, Miguel Lopez de Legaspi sailed from Navidad, Mexico to the “islands of the West towards the Moluccas” and subsequently landed in the Visayan islands and founded the City of Cebu in 1565. Manila was later founded as a capital city in 1571. The foundation of Spanish sovereignty over the Philippines had been laid. a. In General Five components: a. The law – to govern the conduct of the people and regulate the relations among individuals and between the individual and the sovereign. b. The judiciary – which provided the mechanism for the adjudication of disputes among individuals and between the individual and the government of state. c.

The law enforcement agencies – to uphold the law and enforce the decisions rendered by judiciary. - Cuerpo de Cuadrilleros – the municipal police under the local government officials - Guardia Civil – the national constabulary, the forces of which were assigned to particular provinces under the provincial commanders who reported directly to the governor and captain general

d. The prison system – for public punishment of those who violated the law. - Municipal jails - Provincial jails - Major penitentiaries such as the Bilibid Prison and those in Cavite, Zamboanga and Marianas - Penal farms or colonies in Palawan, Davao, Cotabato and Zamboanga e. Legal profession – group of persons with legal training manned the judicial posts and acted as advocates of individuals in protecting their rights. Rowena B. Gallego Source: Legal Research by Rufus Rodriguez

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- Lawyers who were either appointed to the judiciary and public prosecution or were the practicing lawyers - Those who had some legal training who were either notaries or clerks appointed to assist the courts Hierarchical structure of the judicial system:  The Crown - King is the unquestioned head of Spanish government - As an absolute ruler, had the power to reverse the rulings of the Council of the Indies  The Council of the Indies - Decisions of the Real Audencia in certain cases were appealable to the Council of the Indies in Serville, Spain - When the Council was abolished in 1834, its judicial functions were assumed by a newly created Tribunal Suprema de Espana de Indias - Creation of the King – the unquestioned head of Spanish government  The Real Audiencia - Supreme tribunal in the Philippines - Both had civil and criminal jurisdiction in cases of appeal from the alcalde mayor or Corregidor - Performed other functions aside from its judicial duties - The Governor had supreme judicial powers in the Philippines. Even after the establishment of the Audencia, the Governor continued participating in the judicial affairs as President of the Audencia  The Alcaldes-Mayores (CFI) - Alcalde mayor in pacified areas - Corregidor in unpacified areas - Acted as appellate judge for suits originating from the gobernadorcillo  The Gobernadorcillos (Justice of the Peace Courts) - base of the judicial structure; - who governed the town or pueblo; - had jurisdiction over all civil cases arising among Indios, Chinese mestizos and Chinese that involve small sums and petty criminal cases Special Courts: a. b. c. d. e. f.

Ecclesiastical Courts – for the religious Army and Navy Courts – for military personnel Commercial Court – for merchants Contentious Court – complaints against the administration of the government Treasury Court – for cases involving the royal treasury, including cases of smuggling, etc. Probate Court – adjudication of probate cases

The judicial system included the Department of Public Prosecution which represented the government and its institutions in the enforcement of the law and in all civil and criminal actions to which the state was a party. Publication during the Spanish Period:  

Jurisprudencia Civil Jurisprudencia Criminal

Rowena B. Gallego Source: Legal Research by Rufus Rodriguez

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C. THE AMERICAN PERIOD – with the establishment of the American military government following the surrender of Manila to the American army, provost courts and military commissions were created. At the same time, civil courts were recognized for certain civil purposes. Subsequently, by Act No. 136 of the Philippine Commission, the existing courts were abolished and in their place were substituted the courts provided in said act.. Thereafter, Congress of the United States, through the Philippine Bill and. Later, the Jones Law, approved and confirmed the organization of the courts thus established. As ultimately evolved, the judiciary system instituted was substantially modeled upon English and American prototypes. However, no division was made of the tribunals into courts of law and courts of equity as they were known and distinguished in England and most jurisdictions of the United States. The same tribunal dispenses both legal and equitable relief. 

 

The Audiencia Territorial de Manila (Supreme Court) o Chief Justice o Eight Associate Justices Court of First Instance The Municipal and the Justice of the Peace Courts

Note: The uncivilized part of the Archipelago were wholly unfitted to exercise the right of trial by jury. D. THE JUDICIAL SYSTEM AT PRESENT I. TRIAL COURTS OF LIMITED JURISDICTION – limited to civil suits involving relatively smaller amounts of money and to minor violations of criminal laws. These are the tribunals in which most of the controversies that occur in the community are heard and at least provisionally decided. They are the courts closest to the people. In this level, justice be administered fairly and with dignity. a. Metropolitan trial courts b. Municipal trial courts c. Municipal circuit trial courts II. TRIAL COURTS OF GENERAL JURISDICTION – involves an amount of money or a potential criminal sentence, beyond the jurisdictions of the MTC, MCTC, MTC. a. Regional Trail Courts (Court of First Instance) b. Shari’a courts under the Muslim code. III. THE INTERMEDIATE APPELLATE COURT – is the body that generally has exclusive appellate jurisdiction over the decisions of the Regional Trial Courts and other quasi-judicial agencies. a. Court of Appeals i. Presiding Justice ii. 50 Associate Justice b. Special appellate courts:  The Sandiganbayan – appellate jurisdiction over ceratin criminal cases decided by the Regional Courts, and also original jurisdiction over certain types of criminal cases Rowena B. Gallego Source: Legal Research by Rufus Rodriguez

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

IV.

Court of Tax appeals – act only on protests of private persons adversely affected by the tax and customs laws.

THE COURT OF LAST RESORT (Supreme Court) – at the top of the hierarchy which determines with finality what the law is and should be. It has the power to review on appeal or certiorari final judgments and order of lower courts in certain cases such as when errors or questions of law are invoked and where the Constitution or validity of statues are involved. It has original jurisdiction over petitions for certiorari, prohibition, mandamus, quo warranto and habeas corpus. i. Chief Justice ii. 14 Associate Justice

 DOCTRINE OF PRECEDENT a. STARE DECISIS, ET NO QUITA MOVERE – what has been settled must not be disturbed. RES JUDICATA – a matter finally decided on its merits by a court having competent jurisdiction and not subject to litigation again between the same b. REVERSAL – has reference to the action of the Supreme Court on a lower court judgments in the same particular controversy. When the Supreme court reviews the judgment of the lower court in a case and concludes the lower court reached an erroneous result in the case, it will reverse, set aside the lower court’s judgment. OVERRULES – one of the past decisions of the Supreme court, the conclusiveness of that earlier decision as a settlement of its particular controversy is not affected, but the overruled decision is no longer an authoritative precedent for other cases that may arise in the future. c. RATIO DECIDENDI - is the holding of the principle of law on which a case was decided. It sets the precedent and is binding on courts in the future. OBITER DICTUM – is the language in a decision that is not necessary to the decision. d. BINDING – also called mandatory; when it comes from the decisions of Supreme Court and it is the ratio decidendi of the case. PERSUASIVE – if the dicta comes from a respected justice, it may be persuasive to the Court. Persuasive authority can come from decisions of appellate courts in other jurisdictions.  FORMS OF DECISIONS  MAJORITY OPINION / UNANIMOUS  CONCURRING  SEPARATE CONCURRING OPINION  SEPARATE OPINION  DISSENTING  CASE LAW MATERIALS 1. Decision proper a. Decisions of the Supreme Court Official: Rowena B. Gallego Source: Legal Research by Rufus Rodriguez

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i. Advance Sheet – after the finality of the decision, they are published in mimeographed form; made available to the bench and the bar at the earliest date possible, much earlier than their publication ii. Official Gazette – official publication of the government printed by the Bureau of Printing; the decisions of the Supreme Court are published under the section “Decisions of the Supreme Court” iii. Philippine Reports – from August 8, 1901, printed by the Bureau of Printing, now the Government Printing Office; arranged according to dates of their promulgation iv. Philippine Reports (Reprints) – the destruction of libraries and reserve copies of Philippine Reports in the Bureau of Printing during the war necessitated the reprinting of these reports and the undertaking was entrusted by the Supreme Court to the Lawyer’s Cooperative Publishing Co. v. Jurisprudence Filipina – Spanish edition of the Philippine Reports, also printed by the Bureau of Printing; arranged in the same order as that of the Philippine Reports Unofficial: a. b. c. d. e. f. g. h. i. j. k. l. m. n. o.

Philippine Decisions Philippine Reports Annotated Philippine Reports Annotated (Central) Supreme Courts Reports Annotated (SCRA) Supreme Court Decisions (SCD) Philippine Law and Jurisprudence (PHILJUR) Supreme Court Unpublished Decisions (SCUD) Supreme Court Advance Decisions (SCAD) Supreme Court Excerpts (SCEX) Summary of Supreme court’s Rulings Citations: excerpts of Supreme Court Decisions Title Index to Supreme Court Decisions 1945 – 1978 Supreme Court Decisions Title Index 1982-1985 The Sandiganbayan Reporter The PCGG Reporter

b. Decision of the Court of Appeals i. Appellate Court Reports ii. Advance Sheets iii. Official Gazette iv. Courts of Appeals Reports v. Court of Appeals Reports Annotated c. Decisions of the Sandiganbayan i. Sandiganbayan Reports ii. Sandiganbayan Reporter d. Decisions of the Court of Tax appeal i. Official Gazette ii. Court of Tax appeals Digest of Cutoms and Real Property Tax cases iii. Court of Tax appeals Digest of internal Revenue Cases by Colon Publication e. Decisions of the Regional Trail courts f. Decisions of the Municipal, Municipal Circuit and Metropolitan Trial Courts Rowena B. Gallego Source: Legal Research by Rufus Rodriguez

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2. Subordinate Decisions a. Decisions of the Senate electoral tribunal and house of representative electoral tribunal 1. HRET Reports: Final Orders, Resolutions and Decisions – 7 vols. b. Decisions of administrative agencies exercising quasi-judicial powers  Agencies with implied quasi-judicial powers – agencies mostly with investigative functions: i. Department of Foreign Affairs ii. Commission on Immigration and Deportation iii. Office of the President iv. Secretary of Justice v. National Wages Council vi. Philippine Patens Office vii. Bureau of Land Transportation viii. Civil Service Commission ix. Professional Regulatory Commission x. Tanodbayan (Ombudsman)  Agencies with express quasi-judicial powers – agencies given judicial functions over cases which would otherwise go the regular courts of justice were it not for the grant of such powers to these agencies. i. ii. iii. iv. v. vi. vii.

Insurance Commission National Labor Relations Commission Commission on Elections Government Service Insurance System Social Security System National Seamen Board Commission on Audit 1. COA Regulations and Jurisprudence by Central book Supply viii. Employee’s Compensation Commission ix. Civil Aeronautics Board  Administrative Bodies and Agencies exercising quasi-judicial functions prepared by UP Law Center 1. Department of Finance a. Bureau of Internal Revenue b. Bureau of Customs c. Insurance Commission d. Central Board of Assessment Appeals e. Fiscal Incentives Review Board f. Phil. Export and Foreign Loan Guarantees Corp. g. Phil. Crop Insurance Corp.

Rowena B. Gallego Source: Legal Research by Rufus Rodriguez

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2. Department of Justice a. Land Registration Authority b. Commission on Immigration and Deportation (now Bureau of Immigration) 3. Department of Agriculture a. Sugar Regulatory Authority b. National Irrigation Administration c. National Meat Inspection Commission d. National Food Authority e. Quedans Guarantee Fund Board f. Phil. Coconut Authority g. Bureau of Plant Industry 4. Department of Public Works and Highways a. Bureau of Research and Standards b. Metropolitan Waterworks and Sewerage System c. Local Water Utilities Administration 5. Department of Labor and Employment a. National Labor Relations Commission b. Phil. Overseas and Employment Administration c. National Manpower and Youth Council d. National Maritime Polytechnic e. Employee’s Compensation Commission f. National Wages Council g. Bureau of Labor Relations h. Bureau of Working Conditions i. National Conciliation and Mediation Board 6. Department of Health a. Bureau of Food and Drugs b. Phil. Medical Care Commission c. Dangerous Drugs Board d. Bureau of Research and Laboratories e. Bureau of Licensing and Regulation 7. Department of Trade and Industry a. Bureau of Trade Regulation and Consumer Protection b. Videogram Regulatory Board c. Board of Investments d. Bureau of Patents, Trademark and Technology e. Export Processing Zone Authority f. Garments and Textile Export Board g. Bureau of Product Standards 8. Department of Environment and Natural Resources a. Land Management Bureau b. Environment Management Bureau c. Forest Management Bureau d. Mines and Geo-Sciences Bureau Rowena B. Gallego Source: Legal Research by Rufus Rodriguez

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e. National Electrification Administration f. National Quarantine Office 9. Department of Transportation and Communication a. Land Transportation Franchising and Regulatory Board b. Maritime Industry Authority c. Philippine Ports Authority d. Toll Regulatory Board e. Civil Aeronautics Board f. National Telecommunications Bureau g. Bureau of Air Transportation (Air Transportation Office) 10. Others a. Professional Regulatory Commission b. Security and Exchange Commission c. Social Security Commission d. Central Bank e. Housing and Land Use Regulatory Board f. National Bureau of Investigation g. National Land Titles and Deeds Authority h. Register of Deeds c.

Publications of Administrative Agencies Exercising Quasi-Judicial Functions 2. Commission on Elections - The COMELEC has not published its decisions 3. Civil Service Commission - Civil Service Board of Appeals have been published by author Rivera - annually 4. Commission on Audit - COA Regulations and Jurisprudence – 1998 by JV Go published by Central Book Supply - COA Decisions Digest (1994-2000) by Reynaldo Montalbo 5. National Labor Relations Commission - Has not published its decisions 6. Insurance Commission - Has not published its decision 7. Housing and Land Use Regulatory Board - Human Settlements Regulatory Commission Legal Digest, 1981, 3 vols. 8. Department of Agrarian Reform Adjudication Board - Book entitled Jurisprudence on Agrarian Relations by Ibay, 1973 9. Securities and Exchange Commission - SEC Decisions, 1977-1981, published by Legal Database Systems - The decision making powers of the SEC were transferred to the regular courts by virtue of the Securities Regulation Code, RA 8799 10. Bureau of Internal Revenue - Complete Numbered BIR Rulings by the Career Development Center - Digest of BIR Rulings by E.O. Ordono, 1986 to 1998

Rowena B. Gallego Source: Legal Research by Rufus Rodriguez

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11. Intellectual Property Office - The IPO has not published its decision d. Computerized Legal Research Services 1. Lex Libris – produced by CD Asia, Inc., with the following databases: a. b. c. d. e. f. g. h. i. j. k.

Laws (Philippine Edition), Vol. I; Taxation (Phil. Edition), Vol. II; Jurisprudence (The Phil. Supreme Court Reports), Vol. III Department of Justice (Opinions of the Secretary), Vol. IV Local Autonomy and Local Government, Vol. V Environment and Natural Resources, Vol. VI Labor and Social Legislation, Vol. VII Elections, Vol. VIII Trade, Commerce and Industry, Vol. IX Bangko Sentral ng Pilipinas, Vol. X Securities and Exchange Commission, Vol. XI

2. Philjuris – contains a digitized compilation of the decisions and resolutions of the Supreme Court. It is produced by Gigabytes Research Systems, Inc.

Chapter 6 LAW BOOKS OF SECONDARY AUTHORITY

Works which are not primary authority but which digest, discuss or analyze legal provisions, judicial decisions or define and explain legal doctrines and terms are considered secondary materials. These secondary sources can help analyze a problem and provide research references to both primary sources and other secondary materials. A. CASE DIGESTS – are compilations of paragraphs containing concise summaries of points in cases, grouped under appropriate headings, the chief of which are alphabetically arranged. Each paragraph in case digests is complete in itself when it has concisely and accurately stated the point decided with reference to precise facts. 1. Philippine Digest – this publication of Lawyers Coop. was designed as a companion set to the Philippine Reports. It has a general scheme of digesting cases and a system of numerous references of such American counterparts as those of the Lawyer Reports Annotated, the American Law Reports, and the United States Court Reports with modifications to suit Philippine law. 2. Republic of the Philippines Digest – this publication also by the Lawyers Coop., dubbed “Republic Digest” for short, starts from where the Philippine Digest leaves off, cover all decisions of the Supreme Court from July 4, 1946 through September 1958, published and unpublished. The set comprises Volumes 1 to 7 of digest paragraphs, classified under pertinent topics, and Volume 8 devoted to an alphabetically arranged table of cases. Vols. 9-17 cover decisions from 1958 to 1966. 3. Velayo’s Digest – covers not only decisions of Supreme Court but also those of the Court of Appeals. The main set of 25 vols. Covers the leading cases of the Supreme Court and the Court of Appeals from 1942 to 1960 4. SCRA Quick-Index Digest – this publication by Central Lawbook Supply, Inc. has three volumes. The first two volumes condenses Volumes 1 to 36 of SCRA, while the third volume Rowena B. Gallego Source: Legal Research by Rufus Rodriguez

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covers Volumes 37 to 61 also of SCRA up to 1974. Every year thereafter, yearly digests have been coming out 5. Compendium of Philippine Jurisprudence – authored by Celso L. Magsino and published by Rex Book Store, it has 12 volumes containing digests of decisions of the Supreme Court from 1945 to 1980 6. Other Digests – the other digests are: a. Armando C. Castillo, Digest of Supreme Court Decisions, 9 vols. (1951-1964) b. Napoleon Garcia, Complete Monthly Digest of Supreme Court Decisions c. Navarrete, Digest-Index (of Supreme Court Decisions), for 1957 and 1959 d. Jurado, Leading Cases in Civil Law (Supreme Court), for 1958-1960 e. Daniel T. Martinez, Summary of Supreme Court Rulings, starting from 1986 following the topic classification in the bar examination f. Jesus M. Elbinias, Philippine Judicial Weekly g. Supreme Committee, Supreme Court Digest B. TREATISES AND TEXTBOOKS – expositions by legal writers on statutory law and case law pertaining to a particular subject and published in book form.

1

. Administrative Law

23 . Firearm Law

2

. Agency

24 . Insurance

3

. Agrarian Reform

25 . Intellectual Property

4

. Arbitration Law

26 . International Law (Public and Private)

5

. Banking

27 . Introduction Law

6

. Building Code

7

. Business Law

8

. Church Law

9

. Citizenship

10 . Civil Law 11 . Civil Procedure (see Rules of Court) 12 . Civil Service Law 13 . Commercial Law 14 . Constitutional Law 15 . Construction Law 16 . Cooperative 17 . Corporation Law 18 . Credit Transactions 19 . Criminal Law (Penal Code) 20 . Education Act 21 . Election Law 22 . Evidence Rowena B. Gallego Source: Legal Research by Rufus Rodriguez

Agrarian Reform (With Taxation and

28 . Coops.) 29 . Investments Law 30 . Judges and Courts 31 . Labor and Social Legislation 32 . Land Titles and Deeds 33 . Legal Ethics 34 . Legal Medicine 35 . Legal Research and Writing 36 . Muslim Law 37 . Natural Resources 38 . Negotiable Instruments Law 39 . Obligations and Contracts 40 . Parliamentary Law 41 . Partnership 42 . Persons and Family Relations 43 . Philosophy, Legal 44 . Political Law Reviewer Page 21 of 25

45 . Property

53 . Tariff and Customs Code

46 . Rental Law

54 . Taxation

47 . Roman Law

55 . Torts and Damages

48 . Rules of Court

56 . Law

49 . Sales

57 . Trial Practice

Transportation, Admiralty and Maritime

50 . Securities Act 51 . Statutory Construction 52 . Succession, Wills C. BAR REVIEWERS – bar review materials are very helpful to fourth year law students and those reviewing for the bar. They are also very important to legal researchers because they present a concise presentation of the law, legal doctrines and leading Supreme Court decisions in capsulized form. They are usually very current and include the latest SC decisions.    

Florenz Regalado’s Remedial Law compendium Albano Civil Law reviewer Bernas The 1987 Philippine constitution –reviewer primer Francisco Pre-week Memory Aidfd in all Bar subjects 1997 edition

D. LEGAL PERIODICALS – the most serious and highly reputed legal periodical are the academic law reviews are published by virtually all accredited law schools as training grounds for student editors. They contain both articles by established scholars and student-written comments and case notes. Both lead articles and comments are marked by extensive footnotes, making them useful research tools. In addition to general law reviews, there is an ever growing number of specialized academic journals, focusing on topics from ecology to industrial relations. Most of these are student-edited, but a few specialized scholarly journals, such as the American Journal of Legal History and the Journal of Legal History and the Journal of Legal Studies, are edited by faculty. Legal Periodicals - Ateneo Law Journal Court of Agrarian Relations Journal Far Eastern Law Review Francisco College of Law Journal Integrated Bar of the Philippines Journal Lawyers Journal The Lawyers Review Lyceum Law Review MLQ Law Quarterly Philippine International Law Journal Philippine Labor Law Journal Philippine Law Journal (of UP) Philippine Lawyers Association Journal Philippine Tax Journal San Beda Law Journal Rowena B. Gallego Source: Legal Research by Rufus Rodriguez

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Tax Quarterly of the Philippines The Law Review (UST) University of the East Law Journal University of Manila Law Gazette Journal University of San Carlos Law Review Leading Law Journal in the Philippines – Philippine Law Journal of the UP College of Law which has been in existence since 1910. It is distinguished by its scholarly articles, reviews and commentaries. It is exchanged with leading universities in the United States and Europe and its articles by leading Filipino academicians and students of the College of Law are recorded in bibliographic listings around the world. Newspapers daily case digests – started by Justice Federico B. Moreno        

Manila Times Daily Mirror Bulletin Today Times Journal Daily Express Philippine Daily Inquirer Philippine Star Business Day

E. LEGAL ENCYCLOPEDIA – while a textbook deals with one subject or phrase of a subject of the law, encyclopedia treats of all subjects. It is a comprehensive treatise of the entire field of the law. This whole field of the law is divided into topics arranged in alphabetical order. It presents in concise form, brief but comprehensive statements of the current law upon said topics. A legal encyclopedia as distinguished from law dictionaries is a subject-book which presents to the user the means of making his own definitions. It deals with a whole field of law as distinguished from treatise which treats of a portion of the subject. It gives a literary statement of the law as distinguished from digests which presents isolated summaries of points of law.  Cyclopedia of Philippine Law – first attempt to publish a legal encyclopedia in the Philippines, to be authored by Alvir & Associates. However, only the first volume containing a textual treatment of the law from A to C was publish.  Encyclopedia of Philippine Law and Jurisprudence (Pedro Venida) – only its first volume had been published  Philippine Tax Reporters – specialized encyclopedia on taxation; advertised as a 25-volume cyclopedia, with annual supplements; deals extensively with the National Internal Revenue Code, special tax laws, tax rulings, circulars, decisions and treatises. After three volumes, it stopped.  The Philippine Legal Encyclopedia – Jose Agaton R. Sibal; published by Central Law Book Publishing Co. F. LAW DICTIONARIES – are useful for identifying the definitions of words in their legal sense or use. For each word or phrase, a short definition is given. Some also provide a citation to a court case or other reference having the source of the word or phrase.  Diccionario de Administracion de las Islas Filipinas – published in 1887

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 Diccionario Juridico Recopilador – Martinez de San Agustin, 1922; a study which included chronological and alphabetical indexes of Philippine legislation and jurisprudence.  Philippine Law Dictionary – Federico B. Moreno, 1972; it defined legal terms and phrases that, as part of our law and jurisprudence, was necessary to a law practitioner. Those definitions are related to Philippine codes or statues and/or the authoritative court decisions where they may be found by citation to specific provisions of law or to reported cases.  Dictionary of International Law and Diplomacy – Gamboa  Philippine Labor Dictionary – Isidro (1966)  Dictionary of Insurance Terms and Phrases – Tiopanco (1976)

Chapter 7 SEARCH MATERIALS AND FINDING TOOLS

There have been a large volume of statutory law and case law that have been churned out by our legislative mill and judicial branch of government since 1900 and the legal researcher needs some means of subject access into this large body of law. The effective operation of the doctrine of precedent requires that prior decisions be easily available. Without a topical approach to legal sources, researchers could not find existing decisions or statues on point. We therefore need search materials and finding tools for legal research. The purpose of these materials and tools is not to persuade, nor do they themselves have any primary or persuasive authority. They are only means for locating primary sources. It is then necessary to read those primary sources to determine their applicability to a particular situation. In legal research, as in other sense of relevance – a keen appreciation of which sources are legally and factually relevant to the specific inquiry. A. CITATORS – supply references to decisions in which other cases have been cited, reviewed, affirmed, reversed, overruled, criticized or commented upon, and to cases in which statutes have been construed, and to statutes in which prior acts have been amended, renewed or repealed.  Philippine Citations – first citator published in the Philippines; Dizon (1937); 2 volumes which contain complete citations found in Vols. 2 to 64 of the Philippine Reports and in the Official Gazette to April 1947 (including occupation issues) of the decisions of the Supreme Court and the Court of Appeals as well as of Philippine laws, including Royal Decrees and Orders, Ordinances of the City of Manila, and other matters. This citatory provides the researcher with knowledge at a glance whether a given reported Philippine decision has been overruled, criticized, limited in its application, distinguished or followed in subsequent reported decisions. Likewise, by consulting the citations to codes and statutes, the researcher will have before him all reported Philippine decisions wherein a particular Philippine statute has been cited, invoked, applied, construed or discussed.  Philippine Citations – next citatory publish in the Philippines in 1964 by Paras; 2 vols., Volume 1 deals with citations covering Vols. 1 to 82 of the Philippine Reports and issues of the Official Gazette from 1942 to 1962. Volume 2 contains code citations, statute citations, and citations of administrative rules as well as Spanish laws applied to the Philippines.

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 Philippine Citator – contained in Volume 11 of the Philippine Digest. It lists all the citations in the Philippine Reports, the Supreme Court of Spain, the United States Supreme Court, the other Federal Courts, and the courts of various states and territories of the United States. Citations in the decisions of the Supreme Court, Court of Appeals, and Court of Tax Appeals, reported in Vol. 52 of the Official Gazette are contained in the Citator which forms part of the 1956 Official Gazette Desk Book. For 1959 Supreme Court Decisions, a citatory is offered in Navarrete’s Digest-Index. Citations are also included in each volume of the Philippine Reports. B. INDEXES – usually means a subject-index which is like the index found in textbooks, statutes, etc. A subject index is an alphabetically arranged topical words in which, by means of references under each topic, materials relating to these topics expressed in appropriate words is digested. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13.

Indexes to the “Public Laws of the Philippine Islands Indexes to the Public Laws of the Commonwealth Laws and Resolutions Index Philippine Annotated Laws (P.A.L.) Index Index to Republic Acts – Moran Subject Index to Presidential Decrees and other Presidential Issuances (until 1978) Index Guide of Vital Legal Documents Index – Isabelo Moran (Presidential Decrees) Index in the Philippine Permanent and General Statutes Commonwealth Acts Annotated – Guevarra Public Laws of the Commonwealth – Jacobo Guevarra’s Annotated Laws Philippine Treaties Index

   

Philippine Digest – Vols. 18-19 Republic of the Philippines Digest – Vols. 6, 9 11 and 13 Ateneo de Manila Libraries’ Index – covering 1911 to 1975 of Supreme Court Decisions Title Index to Supreme Court Decisions – Milagros Santos Ong; 1945-1978 with 1978-1982 supplement  SCRA Quick-Index  UP Law Library – with card indexes to legal periodicals C. BIBLIOGRAPHIES – a list of descriptions of published materials either relating to a given subject, or by a given author. A bibliography of law books may refer to a list of an author’s legal works, or of the literature bearing on a particular subject or field of law. 1. Philippine Legal Bibliography – Justice Federico B. Moreno (1973) 2. Handbook on Legal Bibliography – Andres Soriano (11984) 3. A Guide to Philippine Legal Materials – Fortunato Gupit and Daniel Martinez (1993)

Rowena B. Gallego Source: Legal Research by Rufus Rodriguez

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