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 Reviewer Page 1 of 25

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 Reviewer Page 2 of 25

There is no one “correct” form for a case brief since it is a document that is created to meet the student’s needs. Update – consult the PHILJURIS or LEX LIBRIS to determine whether the authorities have been interpreted or altered in any way. The typical components of a case brief are: 1. Refine the Search – expand your arguments 4. our Supreme Court either refines the law or reaffirms the law or even changes the interpretation of the law. Ruling – court’s decision on the question that is actually before it. statues.. the holding. relevant facts.PHILJURIS and LEX LIBRIS . statutes or regulations have been published. Include those facts that are relevant to the issue the court must decide and to the reasons for it decision. our Congress passes new statutes and modify old ones. they are dicta or dictum (expression of opinion or a point other than the precise issue involved in determining a case). Use the synthesis to analyze the problem 3. date of decision. summary of the court’s reasoning. Read and Update All Relevant Case Law – note its full citation. we can understand the applicable area of law and then use the synthesis to analyze the proble 1.  Identify the rule of law that governs the dispute and ask how it should apply to those facts 3. Identify. By this process. Facts –describe the events between the parties leading to the litigation and tell how the case before the court that is now deciding it. Synthesizing is the step between your research and your writing Rowena B. Issue(s) – question that the court must decide to resolve the dispute between the parties in the case before it. commonly cite relevant constitutional provisions. You will not know which facts are relevant until you know what the issue or issues are. the ponente. Understand the applicable area of law 2. law changes constantly. * provides the answer to the question asked in the issues * supported by court’s reasoning explaining and supporting the court’s decision B.  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. Case Briefing – process of digesting or the condensation of a reported case.Secondary Sources – treaties and commentaries and law review articles.Computer-Assisted Legal Research . Gallego Source: Legal Research by Rufus Rodriguez Reviewer Page 3 of 25 . and administrative regulations c. or whether new cases. and the sources cited by the Court d. but if they do not relate to the question actually before it. Synthesizing Cases – process of relating the cases to each other. Chapter 3 FUNDAMENTAL RESEARCH SKILL: CASE BRIEFING AND SYTHESIS OF CASES A.

1901 .Resena Veridica de la Revolucion (Aguinaldo) .The Spooner Amendment of March 2.U. administrative regulations.S.S.Official Gazette. Statutes at Large – Vol. The Malolos Constitution of 1899 . 6. 1 – Preliminary Number) . 1) . Statutes at Large.S.Acts of Congress and Treaties Pertaining to the Philippine Islands c. Code – Titles 2 and 48 . 3. The American Period a. 4 vols. 4. Statutes at Large – Vol.Chapter 4 STATUTORY LAW STATUTORY LAW consists mainly of the following: 1.The Tydings-McDuffie Law of 1934 Rowena B. local ordinances and executive actions.) .U.Derecho Parliamentario Espanol (3 volumes) .Leyes Constitucionales de Espana . 30 .U. Vol.The Philippine Islands (Blair and Robertson) d.U.Pres. Gallego Source: Legal Research by Rufus Rodriguez Reviewer Page 4 of 25 .S. it is the ultimate authority to which reference must be made to determine the validity of national laws.La Constitucion de Malolos (Kalaw) . Filipinas en las Cortes b. 1) . The Treaty of Paris . 31 .Prologue. 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.Philippine Constitutional Law (Malcolm) . Vol.S. Statues at Large – Vol.The Philippine Autonomy Act of 1916 . 5.Reports of the Philippine Commission to the President (Gov’t Printing Office.Planes Constitutionales para Filipnas (Kalaw) . 32 .Ponce.) .S. published by Bureau of Printing in 2 vols.U. Code – Titles 2.The Philippine Bill of 1902 .Reports to the Philippines Commission to the President (Vol. Vol.Public Laws (Philippine Commission. 2. THE PHILIPPINE CONSTITUTION – “law” and law of the highest authoritativeness and obligation.Heraldo de la Revolucion .Archivo del Bibliofilo Filipino (Retana) . As “supreme law of the land”. 1900 .Official Gazette (Vol. McKinleys’s Instructions of April 7.Mis Memorias Sobre La Revolucion (Calderon) . Spanish Period .Public Laws (Philippine Commission and Philippine Legislative) . 1 (Appendix) .U.La Revolucion Filipina (Apolinario Mabini. 39 . a. Efemerides Filipinas . The Commonwealth Period . 39 and 48 b. Organic Laws .Documentos para la Historia de Filipinas (Calderon) .

East Publication.. 1956) .) . Ed.The Aquino Presidency and the Constitution .Official Gazette (Vol.. . 1973 Ed.The New Constitution of the Philippines (Noledo) . Central Book Supply. The 1987 Constitution .Official Gazette – Vol.Constitutional Law.Textbook on the New Philippine Constitution. 4) .Constitutional History (Francisco.The Constitution of the Republic of the Philippines – A Commentary – 1996 .Constitutional Convention Archives – U.Public Laws of the Philippines (Vol. No.The 1987 Constitution of the Philippines with Comments and Cases .Political Law of the Philippines (Tanada and Carreon. 34 . 1936) .Philippine Constitutional Law (Martin.Secondary sources: . 1956) e. Manila. Gallego Source: Legal Research by Rufus Rodriguez Reviewer Page 5 of 25 . Code – Title 48 .Secondary sources .Official Gazette .U. 1956) nd . Period After Philippine Independence in 1946 a. Philaw Publishing.Principles.Journal of the Constitutional Convention of the Philippines (7 volumes) .Official Gazette (Vol. Manila.) th .Constitution of the Philippines (Fernando. 50. 69 No. Rev. Community Publishing.. Inc.Constitutionalism in the Philippines (R.U.Journal of the 1935 Constitutional Convention (3 vols..P. Inc. .) . The Amendments to the 1973 Constitution d.) and its 3-vol. Rex Book Store. The Provisional Constitution of 1986 – Freedom Constitution .Secondary sources .. 2 Ed.Discussed in the Philippine Charter of Liberty by Osias and Baradi . Text and Cases . Manila.. 2 – Special Number 9-A) f. Rodriguez) .Framing of the Philippine Constitution .From McKinley’s Instruction to the Constitution: Documents on the Philippine Constitutional System.Messages of the President – Vol. Statutes at Large – Vol. Manila. Martial Law Declaration b.Constitutional Law . The 1973 Constitution . 4 Ed.The 1935 Philippine Constitution ..Philippine Constitutional Law (Malcolm and Laurel.S.Human Rights: An Introduction Course .Constitutionalism in the Philippines. 1954) . 1952) . Law Library . Journals . 68. 1 revised edition (1936) .2 vols. 48 .. Laurel (7 vols. Vol. Inc.Constitutional Convention Records (11 vols.Proceedings of the Constitutional Convention of 1935 by Sen. 1975) c. Lawyers Cooperative Publishing Co. Jose P. 1999 . The Japanese Period (1943 Constitution) . 1997 (Rufus Rodriguez) e. Manila. 1978 . 30 – Appendix) . Central Book Supply.Philippine Constitutional Law (Gonzales. 1960) .Record of the Philippine Constitutional Commission (5 vols.Constitution of the Philippines (Tanada and Fernando.S. Comments and Cases in Constitutional Law Rowena B. Manila.Philippine Constitutional Law (Sinco.Philippine Annotated Laws (The Lawyers Cooperative Publishing Co.) .Vital Legal Documents in the New People’s Government – Central Book Supply.

International La Documents . First Collection of Laws Relating to the Colonies 3.Philippine Treaty Series . Evaluation of the Laws in the Philippines During the Spanish Period Rowena B. General Compilation by Aguilar y Acuna and Pinelo 6. 3. IX to XV . Codigo Penal of 1870 c.International Law – 1998 Ed.Cases and Materials on International Law . Legislation for the Colonies 2.Public International Law – 1974 . I. Constitutional Provisions 2. Form of Statutes 4. Las Siete Partidas e. Modern Spanish Codes a.Acts of Congress and Treaties Pertaining to the Philippine Islands . Fuero Real d. TREATIES AND INTERNATIONAL AGREEMENTS – a compact made between two or more independent nations with a view to the public welfare . The system of law in Spain and its antecedents a. Novisima Recopilacion 2. Spanish Laws Made Applicable to the Philippines 1. (Coquia Jr. The Enactment of Statutes 5. with Philippine Cases and Materials and Asean Instruments – 1999 Ed. The Construction of Statutes b. and Santiago) .Secondary materials . The Codigo Ovandino 5.Vital ASEAN Documents . Codigo Civil of 1889 b. The recopilacion de Leyes de los reynos de Indias 7.International Law – 1998 Ed.Philippine Trade and Economic Agreements .A. Legislation in General – is the formal enactment of laws by competent authority and in the proper manner 1.Official Gazette .Philippine Yearbook of International Laws – Vols.Documents in Contemporary International Law – 2 vols. STATUTES ENACTED BY THE LEGISLATURE a. History of Philippine Legislation 1.World Bulletin . Compilation of Laws Initiated by the Council 4. Spanish Period a. Pre-Spanish Period 2. .) . Codigo de Comercio of 1885 b. Compilations Subsequent to the Recopilacion c.2.The Lawyer’s Review. The Codes of Civil and Criminal Procedure d.Philippine Treaties Index . The Code of Euric and the Brevarium of Alaric b. Gallego Source: Legal Research by Rufus Rodriguez Reviewer Page 6 of 25 . Types of Legislation 3. (Cruz.Law of the Sea .The Ocean Law and Policy Series .International Law.Treaty Series . Fuero Juzgo c. Laws Specially Enacted for the Colonies 1. Leyes de ToroNueva Recopilacion f.

in general d. The period of the Philippine Revolution 4.Appropriating Funds for the Gov't from Jan.d. '79 Batasang Pambansa Batas Pambansa 891 1986-1987 President Aquino as Legislator in the Revolutionary Gov't Executive Orders 302 EO 1 .Dec. Codigo Penal 2.524 RA 6636 . Period under 1987 Constitution c.Creating the PCGG 1987 to present Congress Republic Acts 2.Resetting Local Elections from Nov.Appropriating Funds for Gov't of the Commonwealth July 1.275 Act 1 . 1987 to Jan. Boletin Oficial b. Secondary Materials a. The American Period 5. The Commonwealth Period 6. Summary of Philippine Legislation PERIOD LEGISLATIVE AUTHORITY NAME OF STATUTES NO. 31. 1 . 9. Legislation in the Philippines during the Spanish period 3. The Martial Law Period 9. Aquino’s Revolutionary Government 10.Reorganizing the Executive Branch of the Government BP 1 . OF STATUTES FIRST LAWS PASSED 1900-1935 Philippine Commission Philippine Assembly Philippine Legislative Acts 4.635 1972-1986 Marcos as Legislator under Martial Law Presidential Decrees 2. The Japanese Period 7. Publication on Philippine Statutes.. 1988 Rowena B. The Period after Independence 8. Gallego Source: Legal Research by Rufus Rodriguez Reviewer Page 7 of 25 . 1946-1947 1935-1941 National Assembly Commonwealth Acts 733 1946-1972 Congress Republic Acts 6. Civil law b.Providing for National Defense of the Philippines RA 1 .Appropriating $2M for highways and bridges CA 1 . 1895-1905) d. Gaceta de Manila c.036 PD 1 . Archivo de Bibliofilo Filipino (5-vol. Codigo Comercio f. 18. Criminal law c. Commercial law e. Codigo Penal de Filipinas y Ley Provisional e. Materials on the Spanish Laws 1. Primary Materials a.

by the Bureau of Printing. Publications on Administrative Rules and Regulations – usually published in Official Gazette. During the Commonwealth Period. 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. Sometimes they may contain regulations for the conduct of subordinate officers in the executive department in the performance of their official duties. Thirty-three volumes were published until 1935. Gallego Source: Legal Research by Rufus Rodriguez Reviewer Page 8 of 25 .  Official Gazette and  Public Laws as appendices c. administrative orders are confined to the exercise by the President of the Philippines of his power deciding administrative cases. Ordinarily. the administrative acts and orders of the President were published in the:  Executive Orders – 4 volumes  Proclamations – 7 volumes. but they are necessary in the proper discharge of the functions of the agency. Executive Orders and Proclamations of the Governor-General during the American period were published annually in a set entitled “Executive Orders and Proclamations”. Agencies with implied quasi-legislative powers – they have administrative rules and regulations which have not been expressly directed by law to be issued. rules and regulations are expected to keep official records and files thereof and mimeograph copies are usually made available to the public. ADMINISTRATIVE RULES AND REGULATIONS a. or executive orders. 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. Government agencies may also be grouped together in accordance with their powers and functions: 1. each department. resolution. Rowena B. resolutions or orders are to have or cease to take effect and any information concerning matters of public moment determined by law.4. bureau or agency issuing orders imposing penalty for their violation.      Bureau of Forestry Bureau of Prisons National Bureau of Investigation Bureau of Tourism Services Department of Social Welfare and Development 2. 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. Those orders fixing the dates when specific laws. take the form of proclamations. covering period from 1935 to 1941 b.

appointments preparation. retirement. rewards. in the civil service both at the commission and agency levels. 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. Materials containing Administrative Rules and Regulations are also found in The National Administrative Register – containing rules and regulations. 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. Includes the full text of RA 6713. Also includes a listing of leave privileges/benefits and their corresponding entitlement and availment. Also includes the revised rules on appointments and other personnel action and new rules on leave.  Omnibus Rules Implementing Book V of Exec. leave administration.  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. It also contains the revised schedule of penalties for the classifications of administrative offenses.  Omnibus Rules on Leave – a handbook containing pertinent policies and implementing rules and regulations governing leave administration. discipline. either disciplinary or non-disciplinary. Vols. benefits. promotion.  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.  Uniform Rules on Administrative Cases in the Civil Service – embodies the uniform rules of procedure in the conduct/adjudication of all administrative proceedings. certain modes of separation from the service and prohibitions. This manual also lays down the responsibilities of the human resources management officer/personnel officer. performance evaluation. circulars. The pES Model will help or guide agencies in preparing Rowena B.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.  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. incentives and career development. Gallego Source: Legal Research by Rufus Rodriguez Reviewer Page 9 of 25 . 1 to 12 (1990-2001) by the UP Law Complex 5. The PES aims to draw up an objective assessment of employee performance. It also presents the systems and procedures by which the operation of the civil service are to be based including personnel administration.  Agency Performance Evaluation System (A Model) – a model for the development of PES designed by the CSC. published quarterly. memoranda and other official issuance issued by different government agencies. personnel relations. illustration of how to compute leave credits and monetization.  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. It also discusses the legal authority and objectives of the Council of Personnel Officers.

revised circulars 1963 g. Memorandum Circulars 1992-2000 – an annual compilation of all memorandum circulars issued by the CSC in book form. Memorandum Circulars are complied per year. agencies are not precluded from setting higher standards that will suit their needs. Securities And Exchange Commission a. Central Bank a. 1946 -1976 b. Central bank annual reports and compilations d.    their respective PES based on corresponding policies and its proper application. Board Of Investments a. SEC WEEKLY BULLETIN c. It also indicates the newspaper and date of publication for circulars which were published to ascertain their respective dates of effectivity.000 positions in government service with corresponding educational. and sector classification. Financial journal b. The qualifications listed in this level. Rowena B. Omnibus Investments code and implementing Regulations 1989 i. 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. classified according to subject. The qualifications listed in this manual are the minimum requirement set by the CSC for each position. SEC POLIO. Department of justice. Department Of Justice a. 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. and sector classification. Qualification Standards Manual – contains an alphabetical listing of roughly 4. training and eligibility requirements. The legislative assemblies of these autonomous regions enact ordinances to govern the region and may create administrative agencies to operate in the regions. It also includes the positions’ respective salary grade level. Department Of Labor And Employment a. SEC BULLETIN c. Comprehensive agrarian reform program and presidential issuances f. Dangerous drugs board regulations 1988 h. Dangerous Drugs Board a. experience. b. Office Of The Insurance Commission a. CSC Memo Circulars Index (1988-1998) – contains a listing of all memo circulars issued by the CSC covering the period 1988-1998. Insurance Reporter 5. ORDINANCES ENACTED BY THE AUTONOMOUS REGION – the 1987 Constitution created the Autonomous Regions in Muslim Mindanao and in the Cordillera. Rules and regulations implementing the labor code e. Gallego Source: Legal Research by Rufus Rodriguez Reviewer Page 10 of 25 . Department Of Agrarian Reform a.

Vol. d. Inc. Vol. 1. Subordinate Decisions a. Commerce and Industry. IX Bangko Sentral ng Pilipinas. Decision Proper a. Laws (Philippine Edition). b. Lex Libris – produced by CD Asia. d.6. Civil Service Commission iii. f. Decisions of the Senate electoral tribunal and house of representative electoral tribunal b. i. Vol. COMPUTERIZED LEGAL RESEARCH SERVICES – the text of the Constitutions and statutes above mentioned may be sourced from two computerized legal research services. Inc. f. Vol. Jurisprudence (The Phil. b. Commission on Elections ii. c. g. IV Local Autonomy and Local Government. VIII Trade. 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. j. also has a database on all laws of the Philippines. with the following databases: a. III Department of Justice (Opinions of the Secretary). Gallego Source: Legal Research by Rufus Rodriguez Reviewer Page 11 of 25 . X Securities and Exchange Commission. XI 2. Vol. e. Supreme Court Reports). Taxation (Phil. A local ordinance is legally ineffective if inconsistent with statutes enacted by Congress. Vol. cities. Vol. Decisions of administrative agencies exercising qausi judicial powers. Vol. case law comes from the judicial authorities of the State. VI Labor and Social Legislation. Case law may be divided into: 1. Commission on Audit Rowena B. Vol. I. Municipal Circuit and Metropolittan trial courts 2. Edition). such as: i. h. 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. e. Chapter 5 CASE LAW While statute law is derived from the lawmaking agencies of the government. municipalities and barangays.. Vol. c. Vol. k. V Environment and Natural Resources. Philjuris – produced by Gigabytes Research Systems. VII Elections. ORDINANCES ENACTED BY LOCAL GOVERNMENT UNITS – the basic local government units are the provinces. II.

Provincial jails . 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 . Davao. took an oath to this effect…. National Labor relation commission Insurance commission Housing and land Use regulatory board Department of Agrarian Adjudication board  THE PHILIPPINE JUDICIAL SYSTEM A. The disputant with more witnesses to his side was adjudged as winner. The law – to govern the conduct of the people and regulate the relations among individuals and between the individual and the sovereign. buttressed by the testimonies of their respective witnesses. Legal profession – group of persons with legal training manned the judicial posts and acted as advocates of individuals in protecting their rights.iv. v. to show their honesty and sincerity. The chieftain listened attentively and the elders took mental notes of the arguments. c. SPANISH PERIOD – Magellan’s arrival in the Philippines in 1521 became the basis for Spain to claim and colonize the islands. The disputants then began presenting their arguments. 1564. b. a. The accuser and the accused faced each other with their respective witnesses. . In this case.Municipal jails . acting as Judge and executive. The prison system – for public punishment of those who violated the law.Penal farms or colonies in Palawan. Under such circumstances.Major penitentiaries such as the Bilibid Prison and those in Cavite. the forces of which were assigned to particular provinces under the provincial commanders who reported directly to the governor and captain general d. the defeated party had no other recourse than to bow to the inevitable. The judiciary – which provided the mechanism for the adjudication of disputes among individuals and between the individual and the government of state. vii. 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. PRE-SPANISH PERIOD – trials were held publicly and decisions were rendered promptly. . Manila was later founded as a capital city in 1571. The foundation of Spanish sovereignty over the Philippines had been laid. Finally on November 21. Zamboanga and Marianas . Cotabato and Zamboanga e. B. enforced his judgment by siding openly with the winner and compelling the defeated party to respect the judgment of the honorable court. vi. . Rowena B. the chieftain. Gallego Source: Legal Research by Rufus Rodriguez Reviewer Page 12 of 25 . Three Spanish expeditions were sent to the islands which all ended in failure.Guardia Civil – the national constabulary. The latter. In General Five components: a.

Lawyers who were either appointed to the judiciary and public prosecution or were the practicing lawyers .had jurisdiction over all civil cases arising among Indios.Performed other functions aside from its judicial duties .When the Council was abolished in 1834. including cases of smuggling..King is the unquestioned head of Spanish government .Acted as appellate judge for suits originating from the gobernadorcillo  The Gobernadorcillos (Justice of the Peace Courts) . Chinese mestizos and Chinese that involve small sums and petty criminal cases Special Courts: a. the Governor continued participating in the judicial affairs as President of the Audencia  The Alcaldes-Mayores (CFI) . Spain .Both had civil and criminal jurisdiction in cases of appeal from the alcalde mayor or Corregidor . .As an absolute ruler. . b.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 .Decisions of the Real Audencia in certain cases were appealable to the Council of the Indies in Serville. Gallego Source: Legal Research by Rufus Rodriguez .Supreme tribunal in the Philippines . e. 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. Publication during the Spanish Period:   Jurisprudencia Civil Jurisprudencia Criminal Reviewer Page 13 of 25 Rowena B. its judicial functions were assumed by a newly created Tribunal Suprema de Espana de Indias . 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.The Governor had supreme judicial powers in the Philippines. f. had the power to reverse the rulings of the Council of the Indies  The Council of the Indies . Even after the establishment of the Audencia.Alcalde mayor in pacified areas . d.Corregidor in unpacified areas . etc.Creation of the King – the unquestioned head of Spanish government  The Real Audiencia .who governed the town or pueblo. c.base of the judicial structure.

MTC. TRIAL COURTS OF LIMITED JURISDICTION – limited to civil suits involving relatively smaller amounts of money and to minor violations of criminal laws. Congress of the United States. These are the tribunals in which most of the controversies that occur in the community are heard and at least provisionally decided. justice be administered fairly and with dignity. 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. Gallego Source: Legal Research by Rufus Rodriguez Reviewer Page 14 of 25 . the Jones Law. TRIAL COURTS OF GENERAL JURISDICTION – involves an amount of money or a potential criminal sentence. Subsequently. They are the courts closest to the people. a. a. As ultimately evolved. beyond the jurisdictions of the MTC. and also original jurisdiction over certain types of criminal cases Rowena B. D. by Act No. THE JUDICIAL SYSTEM AT PRESENT I. Municipal circuit trial courts II. However. In this level. the existing courts were abolished and in their place were substituted the courts provided in said act. the judiciary system instituted was substantially modeled upon English and American prototypes. Court of Appeals i. MCTC.  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. Shari’a courts under the Muslim code. Later. through the Philippine Bill and. Metropolitan trial courts b. Presiding Justice ii. approved and confirmed the organization of the courts thus established. civil courts were recognized for certain civil purposes. At the same time.C. Municipal trial courts c. The same tribunal dispenses both legal and equitable relief. a. Special appellate courts:  The Sandiganbayan – appellate jurisdiction over ceratin criminal cases decided by the Regional Courts.. Thereafter. provost courts and military commissions were created. 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. 50 Associate Justice b. 136 of the Philippine Commission. III. Regional Trail Courts (Court of First Instance) b. THE AMERICAN PERIOD – with the establishment of the American military government following the surrender of Manila to the American army.

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. i. PERSUASIVE – if the dicta comes from a respected justice.is the holding of the principle of law on which a case was decided. OBITER DICTUM – is the language in a decision that is not necessary to the decision. REVERSAL – has reference to the action of the Supreme Court on a lower court judgments in the same particular controversy. the conclusiveness of that earlier decision as a settlement of its particular controversy is not affected. c. OVERRULES – one of the past decisions of the Supreme court. d. STARE DECISIS. 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. ET NO QUITA MOVERE – what has been settled must not be disturbed. Persuasive authority can come from decisions of appellate courts in other jurisdictions. when it comes from the decisions of Supreme Court and it is the ratio decidendi of the case. It has original jurisdiction over petitions for certiorari. IV. it may be persuasive to the Court. quo warranto and habeas corpus. it will reverse. RATIO DECIDENDI . but the overruled decision is no longer an authoritative precedent for other cases that may arise in the future. Court of Tax appeals – act only on protests of private persons adversely affected by the tax and customs laws. Gallego Source: Legal Research by Rufus Rodriguez Reviewer Page 15 of 25 . Decision proper a. It sets the precedent and is binding on courts in the future. Chief Justice ii. 14 Associate Justice  DOCTRINE OF PRECEDENT a. THE COURT OF LAST RESORT (Supreme Court) – at the top of the hierarchy which determines with finality what the law is and should be. mandamus. 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.  FORMS OF DECISIONS  MAJORITY OPINION / UNANIMOUS  CONCURRING  SEPARATE CONCURRING OPINION  SEPARATE OPINION  DISSENTING  CASE LAW MATERIALS 1. Decisions of the Supreme Court Official: Rowena B. prohibition. BINDING – also called mandatory. set aside the lower court’s judgment.

now the Government Printing Office. 1901. 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. l. Court of Tax appeals Digest of internal Revenue Cases by Colon Publication e. h. Municipal Circuit and Metropolitan Trial Courts Rowena B. Decisions of the Municipal. k. g. Advance Sheet – after the finality of the decision. b. Official Gazette ii. much earlier than their publication ii. i. 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. Official Gazette – official publication of the government printed by the Bureau of Printing. c. Courts of Appeals Reports v. Court of Tax appeals Digest of Cutoms and Real Property Tax cases iii. Court of Appeals Reports Annotated c. o. j. n.i. they are published in mimeographed form. v. also printed by the Bureau of Printing. Sandiganbayan Reports ii. Decisions of the Regional Trail courts f. Gallego Source: Legal Research by Rufus Rodriguez Reviewer Page 16 of 25 . arranged according to dates of their promulgation iv. Sandiganbayan Reporter d. Official Gazette iv. e. Decisions of the Court of Tax appeal i. f. printed by the Bureau of Printing. Decision of the Court of Appeals i. Appellate Court Reports ii. Philippine Reports – from August 8. Advance Sheets iii. d. the decisions of the Supreme Court are published under the section “Decisions of the Supreme Court” iii. m. made available to the bench and the bar at the earliest date possible. arranged in the same order as that of the Philippine Reports Unofficial: a. Decisions of the Sandiganbayan i. Jurisprudence Filipina – Spanish edition of the Philippine Reports.

Insurance Commission National Labor Relations Commission Commission on Elections Government Service Insurance System Social Security System National Seamen Board Commission on Audit 1. HRET Reports: Final Orders. b. g. Phil. Subordinate Decisions a. Philippine Patens Office vii. Employee’s Compensation Commission ix. Office of the President iv. Crop Insurance Corp. Department of Foreign Affairs ii. Civil Service Commission ix. Rowena B. Gallego Source: Legal Research by Rufus Rodriguez Reviewer Page 17 of 25 . Phil. Decisions of the Senate electoral tribunal and house of representative electoral tribunal 1. Bureau of Customs c. Central Board of Assessment Appeals e. Secretary of Justice v. vii. vi. Civil Aeronautics Board  Administrative Bodies and Agencies exercising quasi-judicial functions prepared by UP Law Center 1. i. Professional Regulatory Commission x. Resolutions and Decisions – 7 vols. Department of Finance a. Export and Foreign Loan Guarantees Corp. Decisions of administrative agencies exercising quasi-judicial powers  Agencies with implied quasi-judicial powers – agencies mostly with investigative functions: i. 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. Insurance Commission d. Fiscal Incentives Review Board f.2. iii. iv. Commission on Immigration and Deportation iii. COA Regulations and Jurisprudence by Central book Supply viii. National Wages Council vi. ii. v. Bureau of Internal Revenue b. Bureau of Land Transportation viii.

Department of Health a. Videogram Regulatory Board c. Metropolitan Waterworks and Sewerage System c. National Meat Inspection Commission d. National Maritime Polytechnic e. Sugar Regulatory Authority b. Phil. Board of Investments d. Department of Public Works and Highways a. Bureau of Patents. Bureau of Product Standards 8. Department of Labor and Employment a. Trademark and Technology e. Land Registration Authority b. Bureau of Licensing and Regulation 7. National Conciliation and Mediation Board 6. Environment Management Bureau c. Department of Trade and Industry a. National Wages Council g. Export Processing Zone Authority f. Forest Management Bureau d.2. National Irrigation Administration c. Department of Environment and Natural Resources a. Bureau of Food and Drugs b. Bureau of Trade Regulation and Consumer Protection b. Department of Agriculture a. Garments and Textile Export Board g. National Food Authority e. Employee’s Compensation Commission f. Quedans Guarantee Fund Board f. Dangerous Drugs Board d. Land Management Bureau b. Bureau of Plant Industry 4. Commission on Immigration and Deportation (now Bureau of Immigration) 3. Coconut Authority g. Gallego Source: Legal Research by Rufus Rodriguez Reviewer Page 18 of 25 . Bureau of Research and Standards b. Mines and Geo-Sciences Bureau Rowena B. National Labor Relations Commission b. Medical Care Commission c. Bureau of Labor Relations h. Local Water Utilities Administration 5. Bureau of Research and Laboratories e. National Manpower and Youth Council d. Phil. Bureau of Working Conditions i. Phil. Department of Justice a. Overseas and Employment Administration c.

COA Regulations and Jurisprudence – 1998 by JV Go published by Central Book Supply .Has not published its decision 7. Maritime Industry Authority c.O. published by Legal Database Systems . Housing and Land Use Regulatory Board f. Central Bank e.annually 4. Toll Regulatory Board e. Securities and Exchange Commission . Civil Service Commission . Bureau of Internal Revenue .Human Settlements Regulatory Commission Legal Digest.The COMELEC has not published its decisions 3. Ordono. 1977-1981. National Labor Relations Commission .Book entitled Jurisprudence on Agrarian Relations by Ibay. Publications of Administrative Agencies Exercising Quasi-Judicial Functions 2. 1986 to 1998 Rowena B. Gallego Source: Legal Research by Rufus Rodriguez Reviewer Page 19 of 25 .Complete Numbered BIR Rulings by the Career Development Center . Philippine Ports Authority d.SEC Decisions. Register of Deeds c.Civil Service Board of Appeals have been published by author Rivera . Security and Exchange Commission c. Civil Aeronautics Board f.Has not published its decisions 6. National Telecommunications Bureau g. Social Security Commission d.COA Decisions Digest (1994-2000) by Reynaldo Montalbo 5. Department of Agrarian Reform Adjudication Board . 3 vols. Professional Regulatory Commission b. National Bureau of Investigation g. Others a. Department of Transportation and Communication a. National Quarantine Office 9. National Electrification Administration f. 1973 9. Bureau of Air Transportation (Air Transportation Office) 10. Commission on Audit . National Land Titles and Deeds Authority h. 8. Housing and Land Use Regulatory Board . Commission on Elections . Land Transportation Franchising and Regulatory Board b.The decision making powers of the SEC were transferred to the regular courts by virtue of the Securities Regulation Code. Insurance Commission .e. 1981. RA 8799 10.Digest of BIR Rulings by E.

discuss or analyze legal provisions. grouped under appropriate headings. the chief of which are alphabetically arranged. cover all decisions of the Supreme Court from July 4. II. d. 2. Vol. e. Vol.The IPO has not published its decision d. was designed as a companion set to the Philippine Reports.. Velayo’s Digest – covers not only decisions of Supreme Court but also those of the Court of Appeals. while the third volume Rowena B. Vols. Gallego Source: Legal Research by Rufus Rodriguez Reviewer Page 20 of 25 . Vol. Laws (Philippine Edition). Vol. Covers the leading cases of the Supreme Court and the Court of Appeals from 1942 to 1960 4. I. Edition). Taxation (Phil. Vol. SCRA Quick-Index Digest – this publication by Central Lawbook Supply.11. III Department of Justice (Opinions of the Secretary). j. c. b. Supreme Court Reports).. Lex Libris – produced by CD Asia. judicial decisions or define and explain legal doctrines and terms are considered secondary materials. 9-17 cover decisions from 1958 to 1966. with the following databases: a. CASE DIGESTS – are compilations of paragraphs containing concise summaries of points in cases. published and unpublished. and the United States Court Reports with modifications to suit Philippine law. XI 2. Chapter 6 LAW BOOKS OF SECONDARY AUTHORITY Works which are not primary authority but which digest. 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. classified under pertinent topics. The set comprises Volumes 1 to 7 of digest paragraphs. Vol. k. VII Elections. IV Local Autonomy and Local Government. X Securities and Exchange Commission. f. The main set of 25 vols. VIII Trade. i. 1. and Volume 8 devoted to an alphabetically arranged table of cases. It is produced by Gigabytes Research Systems. g. The first two volumes condenses Volumes 1 to 36 of SCRA. V Environment and Natural Resources. Inc. Inc. has three volumes. VI Labor and Social Legislation. Vol. Vol. Vol. Vol. Philjuris – contains a digitized compilation of the decisions and resolutions of the Supreme Court. 3. 1946 through September 1958. Vol. Each paragraph in case digests is complete in itself when it has concisely and accurately stated the point decided with reference to precise facts. dubbed “Republic Digest” for short. Commerce and Industry. Republic of the Philippines Digest – this publication also by the Lawyers Coop. Computerized Legal Research Services 1. A. Intellectual Property Office . starts from where the Philippine Digest leaves off. These secondary sources can help analyze a problem and provide research references to both primary sources and other secondary materials. Inc. h. Philippine Digest – this publication of Lawyers Coop. the American Law Reports. IX Bangko Sentral ng Pilipinas. Jurisprudence (The Phil.

Agency . Martinez. Napoleon Garcia. Civil Service Law 13 . Labor and Social Legislation 32 . Philippine Judicial Weekly g. Daniel T. Business Law . Legal Research and Writing 36 . Digest-Index (of Supreme Court Decisions). Commercial Law 14 . for 1958-1960 e. Introduction Law Agrarian Reform (With Taxation and 28 . Arbitration Law . Education Act 21 . Land Titles and Deeds 33 . Partnership 42 . Muslim Law 37 . Natural Resources 38 . Corporation Law 18 . (1951-1964) b. Firearm Law 24 . it has 12 volumes containing digests of decisions of the Supreme Court from 1945 to 1980 6. 1 2 3 4 5 6 7 8 9 . Insurance 25 .covers Volumes 37 to 61 also of SCRA up to 1974. Legal Ethics 34 . Church Law . Credit Transactions 19 . Administrative Law . Legal Medicine 35 . Jesus M. Constitutional Law 15 . Leading Cases in Civil Law (Supreme Court). Obligations and Contracts 40 . Cooperative 17 . Evidence Rowena B.) 29 . Investments Law 30 . Parliamentary Law 41 . Other Digests – the other digests are: a. Political Law Reviewer Page 21 of 25 10 . Castillo. Gallego Source: Legal Research by Rufus Rodriguez . Supreme Court Digest B. Civil Procedure (see Rules of Court) 12 . Navarrete. Judges and Courts 31 . starting from 1986 following the topic classification in the bar examination f. International Law (Public and Private) 27 . Elbinias. Election Law 22 . 9 vols. Every year thereafter. Banking . Coops. Armando C. Agrarian Reform . Philosophy. Persons and Family Relations 43 . Jurado. Civil Law 11 . Digest of Supreme Court Decisions. Complete Monthly Digest of Supreme Court Decisions c. Legal 44 . Supreme Committee. TREATISES AND TEXTBOOKS – expositions by legal writers on statutory law and case law pertaining to a particular subject and published in book form. Negotiable Instruments Law 39 . Citizenship 23 . Compendium of Philippine Jurisprudence – authored by Celso L. Construction Law 16 . Intellectual Property 26 . for 1957 and 1959 d. Building Code . Summary of Supreme Court Rulings. Magsino and published by Rex Book Store. yearly digests have been coming out 5. Criminal Law (Penal Code) 20 .

They contain both articles by established scholars and student-written comments and case notes. BAR REVIEWERS – bar review materials are very helpful to fourth year law students and those reviewing for the bar. Succession. such as the American Journal of Legal History and the Journal of Legal History and the Journal of Legal Studies. Statutory Construction 52 . Property 46 . focusing on topics from ecology to industrial relations. there is an ever growing number of specialized academic journals. Sales 50 . making them useful research tools. Tariff and Customs Code 54 . Both lead articles and comments are marked by extensive footnotes. Rules of Court 49 . Taxation 55 . Torts and Damages Transportation. They are usually very current and include the latest SC decisions. Law 57 . They are also very important to legal researchers because they present a concise presentation of the law. are edited by faculty. Admiralty and Maritime 56 .45 . Securities Act 51 . Rental Law 47 . Roman Law 48 . Legal Periodicals . In addition to general law reviews. 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.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. Most of these are student-edited. but a few specialized scholarly journals. Gallego Source: Legal Research by Rufus Rodriguez Reviewer Page 22 of 25 . Trial Practice C. Wills 53 .     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 doctrines and leading Supreme Court decisions in capsulized form.

it stopped. It gives a literary statement of the law as distinguished from digests which presents isolated summaries of points of law.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.  Diccionario de Administracion de las Islas Filipinas – published in 1887 Rowena B. LAW DICTIONARIES – are useful for identifying the definitions of words in their legal sense or use.  Encyclopedia of Philippine Law and Jurisprudence (Pedro Venida) – only its first volume had been published  Philippine Tax Reporters – specialized encyclopedia on taxation. It presents in concise form. special tax laws. deals extensively with the National Internal Revenue Code. Newspapers daily case digests – started by Justice Federico B. to be authored by Alvir & Associates. decisions and treatises. tax rulings. After three volumes.  The Philippine Legal Encyclopedia – Jose Agaton R. Some also provide a citation to a court case or other reference having the source of the word or phrase. a short definition is given. with annual supplements. advertised as a 25-volume cyclopedia. LEGAL ENCYCLOPEDIA – while a textbook deals with one subject or phrase of a subject of the law. It deals with a whole field of law as distinguished from treatise which treats of a portion of the subject. published by Central Law Book Publishing Co. However.  Cyclopedia of Philippine Law – first attempt to publish a legal encyclopedia in the Philippines. reviews and commentaries. It is distinguished by its scholarly articles. It is a comprehensive treatise of the entire field of the law. only the first volume containing a textual treatment of the law from A to C was publish. A legal encyclopedia as distinguished from law dictionaries is a subject-book which presents to the user the means of making his own definitions. brief but comprehensive statements of the current law upon said topics. F. encyclopedia treats of all subjects. Moreno         Manila Times Daily Mirror Bulletin Today Times Journal Daily Express Philippine Daily Inquirer Philippine Star Business Day E. Sibal. circulars. Gallego Source: Legal Research by Rufus Rodriguez Reviewer Page 23 of 25 . This whole field of the law is divided into topics arranged in alphabetical order. 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. For each word or phrase.

Volume 2 contains code citations. applied. construed or discussed. was necessary to a law practitioner. statute citations. Without a topical approach to legal sources. invoked. by consulting the citations to codes and statutes. 2 vols. distinguished or followed in subsequent reported decisions. and other matters. as part of our law and jurisprudence. criticized. The effective operation of the doctrine of precedent requires that prior decisions be easily available. We therefore need search materials and finding tools for legal research. Diccionario Juridico Recopilador – Martinez de San Agustin. criticized or commented upon. limited in its application. 1922. 1 to 82 of the Philippine Reports and issues of the Official Gazette from 1942 to 1962. and citations of administrative rules as well as Spanish laws applied to the Philippines. including Royal Decrees and Orders. researchers could not find existing decisions or statues on point. Dizon (1937). CITATORS – supply references to decisions in which other cases have been cited. it defined legal terms and phrases that. and to statutes in which prior acts have been amended. Likewise. 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. Volume 1 deals with citations covering Vols.  Philippine Citations – first citator published in the Philippines.  Philippine Citations – next citatory publish in the Philippines in 1964 by Paras. Ordinances of the City of Manila. Gallego Source: Legal Research by Rufus Rodriguez Reviewer Page 24 of 25 . affirmed. reversed. 1972. 2 volumes which contain complete citations found in Vols. overruled. renewed or repealed.. This citatory provides the researcher with knowledge at a glance whether a given reported Philippine decision has been overruled. In legal research. and to cases in which statutes have been construed. the researcher will have before him all reported Philippine decisions wherein a particular Philippine statute has been cited.  Philippine Law Dictionary – Federico B. The purpose of these materials and tools is not to persuade. They are only means for locating primary sources. a study which included chronological and alphabetical indexes of Philippine legislation and jurisprudence. A. nor do they themselves have any primary or persuasive authority. Moreno. It is then necessary to read those primary sources to determine their applicability to a particular situation. 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. reviewed. as in other sense of relevance – a keen appreciation of which sources are legally and factually relevant to the specific inquiry.  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. Rowena B.

For 1959 Supreme Court Decisions. Gallego Source: Legal Research by Rufus Rodriguez Reviewer Page 25 of 25 . materials relating to these topics expressed in appropriate words is digested. 2.) 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. 6. A bibliography of law books may refer to a list of an author’s legal works. INDEXES – usually means a subject-index which is like the index found in textbooks. or of the literature bearing on a particular subject or field of law. Moreno (1973) 2. A subject index is an alphabetically arranged topical words in which. A Guide to Philippine Legal Materials – Fortunato Gupit and Daniel Martinez (1993) Rowena B. the other Federal Courts. Court of Appeals. the United States Supreme Court. BIBLIOGRAPHIES – a list of descriptions of published materials either relating to a given subject. a citatory is offered in Navarrete’s Digest-Index. 12. 10.A. statutes. 8. etc. 6. or by a given author. 5. 18-19 Republic of the Philippines Digest – Vols. Citations in the decisions of the Supreme Court. 13. 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. It lists all the citations in the Philippine Reports. Citations are also included in each volume of the Philippine Reports. by means of references under each topic. 1. Handbook on Legal Bibliography – Andres Soriano (11984) 3. 4. Philippine Legal Bibliography – Justice Federico B. Philippine Citator – contained in Volume 11 of the Philippine Digest. 11. 52 of the Official Gazette are contained in the Citator which forms part of the 1956 Official Gazette Desk Book.     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.L. reported in Vol. 1945-1978 with 1978-1982 supplement  SCRA Quick-Index  UP Law Library – with card indexes to legal periodicals C. 3. 1. the Supreme Court of Spain. and the courts of various states and territories of the United States. 7. and Court of Tax Appeals. 9. B.

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