Legal Research Lecture Notes

I. Introduction

Definition of Legal Bibliography

 The study of contents, descriptions, and histories of law books
including their authoritativeness, authors, publishers, editions,
dates of publication, and copyrights.
 The science that deals with the description and history of books
pertaining to law, including details of authorship, editions, dates
of publication, as well as their contents and appearance.
 Description and History of Law Books
o Encompasses Knowledge on the characteristics of a law
book, such as its description and history, and provides legal
scholars the proper context and perspective, not only in
locating and identifying legal publications-but also in
evaluating the same.
 Authorship
o Books may be written by following kinds of author:
 Individual/set of individuals
 Under auspices of an entity, either public (government
publication), or private
 A compilation of various articles contributed by
several individuals, to be edited by a person or group
of editors
 Edition
o Issues of a law book published once, with subsequent
 Permanent Edition: Term for the first edition,
published in expectation of forthcoming supplements.
 Philippine Publication: Term for a local
publication of an adaptation of a foreign publication to
suit a local regime
 May serve to indicate how elaborate or costly the
publication is, e.g. deluxe edition
 Publication
o Publisher of the book, as well as the date and place of
 Content
o Substantial features of the book
o Preface, Introduction, Table of Contents, Table of Statutes
and Cases, Table of abbreviation, other tables, graphs, and
charts, etc.
 Appearance
o Refers to physical characteristics of a law book

Definition of Legal Research

then the functional counterpart of legal bibliography is legal research. and legal writers in the performance of their respective legal functions. o Justice System in Barangays: .  The inquiry and investigation necessary to be made by legislators. intrepid Indonesian and Malay migrants came in waves to the Philippines and set up barangays in the rich deltas of the archipelago. lawyers. Overview of the Historical Evolution of Philippine Law The Pre-Spanish Period Spanish Period American Period Japanese Occupation Philippine Republic Martial Law Period EDSA Revolution up to the present  Pre-Spanish Period o Time before Ferdinand Magellan set foot in Philippine soil in 1521 o Around the Stone Age. It also includes locating both the laws and rules which are enforced by the state and the commentaries which explain or analyze these rules.  If legal bibliography is the science that deals with the study of the materials essential to the legal inquiry of the researcher. and evolved into native customs and traditions. II. judges. handed down by word of mouth from generation to generation.  The process of finding the laws. the other tells how to locate and use them. This is customary law. and regulations that govern activities in human society.  Traditionally concerned with the method or system by which the inquiry and investigation may be successfully accomplished involving the actual use of law books. and legal research is the method or system of inquiry and investigation involving the actual use of the law books. o Each barangay was independent and a self-sustaining political unit o Barangay Chief: Datu o Barangay grouping Chief: Raja o “The early Filipino chiefs made laws in consultation with the lesser chiefs. rules. Most of the laws were unwritten. the latter an art. Legal Bibliography vis-à-vis Legal Research  The first gives the available books and materials. the former being a science.

exercised legislative powers over the colonies.  The datu. 1898 to September 1. 1900.  Spanish Period o 333 years o From arrival of Miguel Lopez de Legazpi to establishment first settlement in Cebu o Spain ruled the Philippines from Mexico through the Council of Indies in Spain. o Marks the evolution of law-making process under a constitutional government. who shall be governor and captain general. certain laws with general application were extended to the Philippines o Royal Audiencia  “In the city of Manila on the Island of Luzon. and judicial powers. The King of Spain. and president of their Royal Audiencia. And we order that the governor and captain general of said Islands and Provinces. who will also be judges of criminal cases [alcaldes del crimen]. he should and can do. o Military Government  From August 13. and having heard them. shall reside another Royal Audiencia and Chancellery of ours. . through Royal Decrees. a lieutenant of the Gran Chancellor. In addition to these royal decrees and orders. discovered and to be discovered. assisted by the elders in the community. Cases were settled through mediation and generally ended up in a compromise. four judges of civil cases [oidores]. and in gubernatorial matters and cases that shall arise. and the other necessary ministers and officials. Head of the Philippines. he should provide the most convenient to the service of God and ours and the peace and tranquility of said Province and Republic. formalized in the Treaty of Paris on December 10. and its Mainland. and the rest of the Philippines. and which shall have for district said Island of Luzon. a public hearing was held. that are of importance. which in conformity to the laws of this Compilation and the rest of the Kingdoms of Castile and the instructions and powers that We shall grant. incuding legislative power. the Archipelago of China. The Council exercised executive. and shall make provisions and favors in our Royal Name. a bailiff [alguacil mayor]. 1898.”  American Period o Beginning from cession of the Philippines by the Spanish Crown to the United States. with a president. the Military Governor exercised all the powers of government in the Islands. legislative. presided over the court. a crown attorney [fiscal]. said president- governor should consult on them with the judges of said Audiencia. so that they give their consultive opinions.  If parties could not agree. have exclusively the superior government of the entire district of said Audiencia in war and peace.

thus paving the way for a dichotomous . Philippine Commission later assumed the legislative functions of the military governor.

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