Professional Documents
Culture Documents
COURSE OUTLINE:
PRELIMINARY CONSIDERATIONS
I. Preliminary Considerations
A. Overview of the Government Overview of the Government Structure
Structure
1. Executive Branch
Fundamental Powers of the State
2. Legislative Branch
3. Judicial Branch
1. Police Power of the State – the power
B. Philippine Legal System
of the state to regulate liberty and
1. Sources of Law and Their
property for the promotion of general
Classification
welfare of the people.
II. Philippine Legal Research
2. Power of Eminent Domain – it enable
A. Research of Statute Law
the state to acquire private property,
1. Constitution
upon payment of just compensation.
2. Statute Proper
B. Research of Case Law
3. Power of Taxation – power of the state
1. Nature of Case Law
to demand from the members of the
2. Sources of Case Law
society their proportionate share or
contribution in the maintenance of the
III. Legal Profession and Legal
government.
Education
Doctrine of Separation of Powers - each
IV. Philippine Legal Information and
branch of the government exercises powers
Resources
exclusive to it without undue influence from the
A. Reference Materials
two other branches.
B. Statutory Law
C. Case Law/Jurisprudence
Branches of the Philippine Government
D. Treatises/Annotations/Commentary
E. Electronic Sources • Executive Department
F. Non-Legal Materials • Legislative Department
1. Directories/Finding People • Judiciary Department
2. Government Documents
3. News Executive Branch
(power of the sword)
V. Overview of International and
Foreign Legal Research The executive power shall be vested in the
A. Introduction president of the Philippines (Section 1 Article
B. Defining Public and Private VII, 1987 Constitution).
International Law, Comparative Law
C. Sources of Law Category President Vice President
nd
Rank Highest ranking 2 highest
1. Basic References
official ranking official
2. Primary Sources
Term 6 years 6 years
VI. Philippine Legal Citations
Can run for NO. unless he/she YES
VII. Legal Research Methodologies re-election? became president by
constitutional
A. General research methodology succession for no
B. Determination of Appropriate more than 4 years
Research Tools as President
To be Vice President Any member of
VIII. Legal Writing and Analysis replaced by: Congress,
A. Types of Legal Writing (in case of validated by 3/4
B. Basic Rules of Legal Writing resignation,
of Congress
impeachment
C. Structures of Legal Writing or death) voting separately
D. The Final Paper
Statute laws are the rules and regulations The above figures clearly show that
promulgated by competent authorities; during Martial Law, both President
enactments of legislative bodies (national or Marcos and the Batasang Pambansa
local) or they may be rules and regulations of (Parliament) were issuing laws at the
administrative (departments or bureau) or same time – Presidential Decrees by
judicial agencies. Research of statutory law President Marcos and Batas Pambansa
does not end with consulting the law itself. At by the Philippine Parliament.
times it extends to the intent of each provision or
even the words used in the law. In this regard, a. Legislative History
the deliberations of these laws must be
consulted. 1. Legislative Process
Statutes