ATENEO DE DAVAO UNIVERSITY

COLLEGE OF LAW

LEGAL RESEARCH

ANGELI NESS P. CASADOR

Instructor, 1st Sem., S.Y. 2016-2017

I. CASE DIGEST/SYNTHESIS

1. Know the parts of a Judicial Decision.

2. Read the case in its entirety before reading the case again to digest..

3. A case digest is only a summary of the full text of the case. There is no substitute
to reading the full text.

Parts of a Case Digest/Synthesis

FACTS

 State only the legally relevant facts only. In identifying the relevant facts, only
state the facts that will have a bearing on the legal concept under consideration.

 Make sure that the facts illustrate the conflict in the case. There is no case if
there is no conflict or dispute. In illustrating the dispute, state the respective
contentions of the parties in the case (e.g. “A contended that… On the other hand,
B contended that” or “A contended that… but the lower court did not agree with
his contention by ruling that…”). The parties involved in the case may be (1) a
private entity vs. a private entity; (2) the State (Republic) vs. a private entity; (3)
the People of the Philippines vs. the accused; (4) a private entity vs. a judge, or a
tribunal.

 Make sure that the facts are arranged chronologically and logically.

Research literatures provide for the TARP Rule. It is a useful technique in factual
analysis. It is a method to analyze your facts according to the following factors:

T – Thing or subject matter

A – Cause of action or defense
R – Relief sought
P- Persons or parties involved

ISSUE/s
  State the issue in your own words. The test if you have truly understood the case
is if you are able to properly state the issue in your own words. However stated,
what is important is they capture the crux of the controversy in the case.

 Be as specific as possible. Avoid general statements such as “Whether or not the

petitioner is entitled to the relief prayed for?” or “Whether or not the trial court
erred?” or “Whether or not the decision of the Court of Appeals is correct?”.

RULING

 It must be able to directly answer the issue. If the issue asks for a Yes/No answer,
then begin by stating “Yes” or “The Supreme Court answered in the affirmative”,
or “No” or “The Supreme Court answered in the negative”.

II. STATUTORY LAW

Statutory Law is a general term used to define written laws, usually enacted by a
legislative body. Statutory laws vary from regulatory or administrative laws that are
passed by executive agencies, and common law, or the law created by prior court
decisions.

STATUTES

BILL - a proposed legislative measure introduced by a member or members of Congress

for enactment into law.

STEPS IN THE PASSAGE OF BILL INTO LAW - A bill is approved by either House after
it has gone through three (3) readings (Section 26[2], Article VI). The first reading
consists of reading the number and title of the bill, followed by its referral to the
appropriate Committee for study and recommendation. The Committee may hold public
hearings on the proposed measure and submit its report and recommendation for
calendar for second reading. On second reading, the bill shall be read in full with the
amendments proposed by the Committee, if any. Thereafter, the bill will be subject to
debates, pertinent motions, and amendments. After the amendments shall have been
acted upon, the bill will be voted on second reading. A bill approved on second reading
will be included in the calendar of bills for third reading. On third reading, the bill as
approved on second reading will be submitted for final vote by yeas and nays.

PARTS OF STATUTES

1. Preamble

2. Title of statute

3. Enacting clause

4. Purview or body of statute

5. Separability clause
6. Repealing clause

EXPRESS REPEAL

IMPLIED REPEAL
2 categories of Repeal by Implication

G.R. No. 215847, January 12, 2016, GOV. EXEQUIEL B. JAVIER v. COMMISSION ON
ELECTIONS, CORNELIO P. ALDON, AND RAYMUNDO T. ROQUERO

G.R. No. 103982 December 11, 1992, ANTONIO A. MECANO

vs. COMMISSION ON AUDIT

7. Effectivity clause

PRESUMPTION OF CONSTITUTIONALITY

EFFECT OF THE REPEAL OR NULLITY OF THE REPEALING LAW

JG Summit Holdings vs CA, GR 124293, September 24, 2003

G.R. No. 179267, June 25, 2013, JESUS C. GARCIA, vs. THE HONORABLE RAY ALAN T.
DRILON, Presiding Judge, Regional Trial Court-Branch 41, Bacolod City, and ROSALIE
JAYPE-GARCIA, for herself and in behalf of minor children, namely: JO-ANN, JOSEPH
EDUARD, JESSE ANTHONE, all surnamed GARCIA,.

III. EXECUTIVE ISSUANCES

1. PRESIDENTIAL ISSUANCES

DAVID VS. ARROYO, G.R. NO. 171396, MAY 3, 2006

Executive orders
Administrative orders
Proclamation
Memorandum orders
Memorandum circular
General or specific orders

2. ADMINISTRATIVE RULES AND REGULATIONS

Requisites for Validity:

1. the rules should be germane to the objects and purposes of the law;
2. that the regulations be not in contradiction with, but conform to the
standards that the law prescribes; and
 3. that they be for the sole purpose of carrying into effect the general provisions
of the law.

IV. CONFLICTING SOURCES

CONSTITUTION

It is the law of all laws. Hence, if there is a conflict between a statute or any other source
and the Constitution, the forner shall yield to the Constitution.

Our Civil Code is explicit on this matter, thus:

Art. 7. Laws are repealed only by subsequent ones, and their violation or non-
observance shall not be excused by disuse, or custom or practice to the
contrary.

When the courts declared a law to be inconsistent with the Constitution, the
former shall be void and the latter shall govern.

Administrative or executive acts, orders and regulations shall be valid only

when they are not contrary to the laws or the Constitution

DEPARTMENT OF AGRARIAN REFORM vs. DELIA T. SUTTON, ET AL., GR NO 162070,

OCTOBER 19, 2005

STATUTES

JMM PROMOTIONS ANG MANAGEMENT, INC. vs. NLRC AND ULPIANO L. DELOS
SANTOS, G.R. NO. 109835, NOVEMBER 22, 1993

RULE: IF BOTH STATUTES CAN STAND TOGETHER, EFFECT SHOULD BE GIVEN

TO BOTH.

PHILIPPINE NATIONAL BANK vs. CRUZ, ET AL., GR NO. 80593, DECEMBER 18, 2989

RULE: WHENEVER TWO STATUTES OF CONTRARY TENOR ARE OF EQUAL

THEORETICAL APPLICATION TO A PARTICULAR CASE, THE STATUTES OF LATER
DATE MUST PREVAIL BEING A LATER EXPRESSION OF THE LEGISLATIVE WILL.

STATUTES AND EXECUTIVE AND ADMINISTRATIVE ISSUANCES

RULE: IN CASE OF DISCREPANCY OR CONFLICT BETWEEN THE BASIC LAW AND

THE EXECUTIVE ISSUANCE TO IMPLEMENT IT, THE STATUTE PREVAILS OVER
THE LATTER.
STATUTES AND LOCAL ORDINANCE

RULE: ORDINANCE SHOULD NOT CONTRAVENE A STATUTE. IN CASE OF

CONFLICT BETWEEN AN ORDINANCE AND A STATUTE, THE LATTER WILL
PREVAIL.

MAYOR MAGTAJAS AND THE CITY OF CAGAYAN DE ORO vs. PRYCE PROPERTIES
CORP., IN.C AND PAGCOR, GR NO. 111097, JULY 20, 1994

V. LEGAL CITATIONS

1. Objective Writing: Office Memoranda and Legal Opinions.

2. Persuasive Writing: Pleadings, Trial memoranda, and Briefs Documents
3. Academic Writing: Seminar Papers, Theses, Student-Edited Journals
4. Evaluative Writing: Exams

Basic rules in citing sources.

1. Provide citation for borrowed language, facts or ideas whether quoted or

paraphrased.

2. When you borrow seven consecutive words or more, use quotation marks. Put
borrowed language in quotation marks when the quotation contains fewer than
50 words.

3. Use block quotes when they are 50 words or more. When you use block quotes,
do not use quotation marks.

4. If you find a source through other sources, good research practice requires you
to look up the cited source. Regardless of whether you do, however, footnote the
citing source as well as the cited source.

VI. JURISPRUDENCE ON PLAGIARISM

A.M. No. 10-7-17-SC, IN THE MATTER OF THE CHARGES OF PLAGIARISM, ETC.,

AGAINST ASSOCIATE JUSTICE MARIANO C. DEL CASTILLO; February 8, 2011

VII. ETHICAL CONSIDERATIONS IN LEGAL RESEARCH

CODE OF PROFESSIONAL RESPONSIBILITY

CANON 5, CPR - A LAWYER SHALL KEEP ABREAST OF LEGAL DEVELOPMENTS,
PARTICIPATE IN CONTINUING LEGAL EDUCATION PROGRAMS, SUPPORT EFFORTS
TO ACHIEVE HIGH STANDARDS IN LAW SCHOOLS AS WELL AS IN THE PRACTICAL
TRAINING OF LAW STUDENTS AND ASSIST IN DISSEMINATING INFORMATION
REGARDING THE LAW AND JURISPRUDENCE

CANON 10. A LAWYER OWES CANDOR, FAIRNESS AND GOOD FAITH TO THE
COURT.

What are the requirements of candor? Candor contemplates truthfulness,

honesty and sincerity. A lawyer shall not suppress material and vital facts which
bear on the merit or lack of merit of a case.

Rule 10.01 A lawyer shall not do any falsehood; nor consent to the doing of any in court;
nor shall he mislead or allow the court to be misled by any artifice.

Rule 10.02 A lawyer shall not knowingly misquote or misrepresent the contents of a
paper, the language or the argument of opposing counsel, or the text of a decision or
authority, or knowingly cite as a law a provision already rendered inoperative by repeal
or amendment, or assert as a fact that which has not been proved.

3 things porhibited:

1. Knowingly misquoting or misrepresenting –

a) Contents of a paper;
b) Language or argument of opposing counsel; and
c) Text of a decision or authority.

2. Knowingly citing as law, a provision already rendered inoperative by repeal or

amendment; and

3. Asserting as a fact that which has not been proved.

Rule in the quotation of a decision: When a lawyer makes a quotation of a decision

in his pleadings, he should quote the same verbatim to avoid misleading the court. In
citing the court’s decisions and rulings, it is the bounden duty of courts, judges and
lawyers to reproduce or copy the same word-for-word and punctuation mark-for-
punctuation mark.

ALLIED BANKING CORP V. COURT OF APPEALS, G.R. NO. 144412. NOVEMBER 18,
2003

MUÑOZ VS. CA AND DELIA SUTTON

ADEZ REALTY, INC. VS. COURT OF APPEALS

INSULAR LIFE ASSURANCE CO. EMPLOYEES ASSN V. INSULAR LIFE ASSURANCE CO.,
37 SCRA 244.