V.

Sources of Law:

1. Legislation;

The Legislation consists of the Senate and the house of Representatives. This branch of the
government is responsible for making enabling laws to make sure the constitution is upheld in the
country and in some cases change the constitution. Legislature has the power to make, amend, repeal
and alter laws that would result in the betterment of the community.

 Legislation includes the following classifications of law:

A. Statutes - including Acts of Congress, municipal charters, municipal

legislation, court rules, administrative rules and orders, legislative rules and
presidential issuances. Statute laws are the rules and regulations promulgated by
competent authorities; enactments of legislative bodies (national or local) or they
may be rules and regulations of administrative (departments or bureau) or judicial
agencies.

B. Jurisprudence or Case Law – is cases decided or written opinion by courts and

by persons performing judicial functions. Also included are all rulings in
administrative and legislative tribunals such as decisions made by the Presidential
or Senate or House Electoral Tribunals.

2. Precedent;

A court decision in an earlier case with facts and law similar to a dispute
currently before a court. Precedent will ordinarily govern the decision of a later
similar case, unless a party can show that it was wrongly decided or that it differed
in some significant way. Some precedents are binding, meaning that it must be
followed. Other precedents need not be followed by the court but can be considered
influential.

3. Custom; and

Custom involves the study of a number of its aspects: its origin and nature,
its importance, reasons for its recognition, its classification, its various
theories. Custom has been defined by various jurists as their notion,
understanding, philosophy, views and opinion.

Custom is an important source of law, a law which forms part of the

Filipino legal system under Art 6, para 2 of the Constitution provides that
‘the State shall recognize, respect, and protect the rights of indigenous cultural
communities to preserve and develop their cultures, traditions and institutions’.

4. Court Decision

It includes final judgments and rulings made by the court pending the

outcome of a case. A decision that is the solution of the court or a judgement, a
determination of findings of law by a judge, court or other tribunal.

 An Introduction to Philippine Law, 7th Edition by

Melquiades J. Gamboa, “Chapter II: The Sources of Law”

B. Lawyers
1. Who are “lawyers”?
 Rule 138, Rules of Court, “Attorneys and Admission to the Bar”

Rule 138 (Attorneys and Admission to the Bar), Section 34. By whom litigation
conducted. In the court of a justice of the peace a party may conduct his
litigation in person, with the aid of an agent or friend appointed by him for
that purpose, or with the aid of an attorney.
 
Lawyers are called forth in court to act as aid or counsel to their party, he may be appointed or
chosen by said party. The purpose of the Lawyer is to safeguard the rights, that are enforced by
law, of his party regardless of their status

 Rule 138-A, Rules of Court “Law Student Practice Rule”

Rule 138-A Law Student Practice, otherwise known as the Revised Law

Student Practice Rule (Revised Rule). A salient feature of the Revised Rule is

Introduction to Law and Legal Profession Note No. 1

1
 that a law student must now be certified to be able to engage in the limited
practice of law.

Section 1. Conditions for student practice. — A law student who has

successfully completed his 3rd year of the regular four-year prescribed law
curriculum and is enrolled in a recognized law school's clinical legal education
program approved by the Supreme Court, may appear without compensation in any
civil, criminal or administrative case before any trial court, tribunal, board or
officer, to represent indigent clients accepted by the legal clinic of the law school.

Section 2. Appearance. — The appearance of the law student authorized

by this rule, shall be under the direct supervision and control of a member of the
Integrated Bar of the Philippines duly accredited by the law school. Any and all
pleadings, motions, briefs, memoranda or other papers to be filed, must be signed by
the supervising attorney for and in behalf of the legal clinic.

Section 3. Privileged communications. — The Rules safeguarding privileged

communications between attorney and client shall apply to similar communications
made to or received by the law student, acting for the legal clinic.

Section 4. Standards of conduct and supervision. — The law student shall

comply with the standards of professional conduct governing members of the Bar.
Failure of an attorney to provide adequate supervision of student practice may be
a ground for disciplinary action. (Circular No. 19, dated December 19, 1986).

Rule 138-A ensures access to justice of the marginalized sectors, to enhance learning
opportunities of law students, to instill among them the value of legal professional social
responsibility, and to prepare them for the practice of law.

 Ulep v. Legal Clinic, Inc., 223 SCRA 378 (1993)

Facts: The petitioner argued that the advertisements reproduced

by the respondents are champertous, unethical, demeaning of the law
profession, and destructive of the confidence of the community in the
integrity of the members of the bar to which he is ashamed and
offended by. In its answer to the petition, respondent admits the fact of
publication of the advertisements and asserted that he is not engaged in
the practice of law but only in rendering of legal support services
through paralegals and modern technology.

Issue: Whether or not the advertised services offered by the Legal

Clinic, Inc., constitutes practice of law and is in violation of the Code
of Professional responsibility.

Ruling: It is allowed that some persons not duly licensed to

practice law are or to render legal service, referring to the paralegals in
the case, but these allowable services are limited in scope and extent by
the law, rules or regulations granting permission therefore. Canon 3 of
the Code of Professional Responsibility provides that a lawyer in
making known his legal services shall use only true, honest, fair,
dignified and objective information or statement of facts and in
addition, he is not supposed to use or permit the use of any false,
fraudulent, misleading, deceptive, undignified, self-laudatory or
unfair statement or claim regarding his qualifications or legal
services. Nor shall he pay or give something of value to
representatives of the mass media in anticipation of, or in return
for, publicity to attract legal business. The Canons of Professional
Ethics, before the adoption of the CPR, had also warned that lawyers
should not resort to indirect advertisements for professional
employment.

 Rule 1.02, Code of Professional Responsibility

A lawyer shall not counsel or assist in activities aimed at defiance of the law or at
lessening confidence in the legal system

Lawyers are expected to live with integrity as they are trusted by many. Lawyers are
known to be the servant of the law. Defiance of which is a violation of his oath as a lawyer.
Although lawyers can enter into other occupations or professions differing to the practice
of law when he/she clearly states he is not acting in his legal profession and he is merely a
citizen.

Introduction to Law and Legal Profession Note No. 1

2
  Philippine Lawyer's Association v. Agrava, etc., 105 Phil. 173 (1959)

Facts: The petitioner filed for prohibition and injunction against

respondent Agrava, the Director of Philippines Patent Office due
to a circular the latter issued scheduling an examination for determining
who are qualified to practice as patent attorneys before the Philippines
Patent Office.

Petitioner argued that one who has passes the bar examinations
and is licensed by the Supreme Court to practice law in the
Philippines and who is in good standing, is duly qualified to
practice before the Philippines Patent Office, and that Agrava is in
excess of his jurisdiction and is in violation of the law for requiring
such examination as condition precedent before members of the bar
may be allowed to represent applicants in the preparation and
prosecution of applications for patents. Undaunted, Agrava argued
that the prosecution of patent cases does not involve entirely or purely the
practice of law and that the Rules of Court do not prohibit the Patent
Office from requiring further condition or qualification from those
who would wish to handle cases before the Patent Office.

Issue: Whether or not the appearance before the Patent Office and
the preparation and the prosecution of patent applications constitutes or is
included in the practice of law

Ruling: Yes. The practice of law includes such appearance before

the Patent Office, the representation of applicants, oppositors, and other
persons, and the prosecution of their applications for patent, their
oppositions, or the enforcement of their rights in patent cases. Although
the transaction of business in the Patent Office involves the use and
application of technical and scientific knowledge and training,
still, all such business has to be rendered in accordance with the Patent
Law, as well as other laws, including the Rules and Regulations
promulgated by the Patent Office in accordance with law.

The case also cited American. Jurisdiction which was highly applicable to it situation
stating that: “The practice of law is not limited to the conduct of cases or litigation in court; it
embraces the preparation of pleadings and other papers incident to actions and social
proceedings, the management of such actions and proceedings on behalf of clients before
judges and courts, and in addition, conveying such.

 Cojuangco, Jr. v. Palma, 438 SCRA 306 (2004)

Facts: Eduardo M. Cojuangco, Jr. filed with this Court the instant
complaint for disbarment against Atty. Leo J. Palma, on the grounds "deceit,
malpractice, gross misconduct in office, violation of his oath as a lawyer and
grossly immoral conduct."
Complainant was a client of Angara Concepcion Regala & Cruz Law
Offices (ACCRA) and respondent was the lawyer assigned to handle his cases.
Complainant decided to hire respondent as his personal counsel. The
respondent's relationship with complainant's family became intimate
especially to the complainant's 22-year old daughter Maria Luisa
Cojuangco (Lisa). On June 1982, without the knowledge of complainant's
family, respondent married Lisa in Hongkong. Only the next day that respondent
informed complainant and assured him that "everything is legal".
Complainant, knowing fully well that respondent is a married man and has
three children.
On the date of the supposed marriage, respondent requested from the
complainant's office an airplane ticket to and from Australia, with stop-over in
HongKong; respondent misrepresented himself as "bachelor" before the
HongKong authorities to facilitate his marriage with Lisa although
respondent was married to Elizabeth Hermosisima and has three
children, namely: Eugene, Elias and Eduardo. Eduardo filed a petition for
declaration of nullity of the marriage between respondent and Lisa with
grave abuse and betrayal of the trust and confidence. Respondent filed a
motion to dismiss on the ground of lack of cause of action and argued that the
complaint fails to allege acts constituting deceit, malpractice, gross
misconduct or violation of his lawyer's oath stating that there is no allegation
that he acted with "wanton recklessness, lack of skill or ignorance of the
law" in serving complainant's interest.

Introduction to Law and Legal Profession Note No. 1

3
 Issues: Whether or not respondent committed acts, the grave abuse and
betrayal of the trust and confidence upon his complainant, which warrant his
disbarment
Ruling: November 1982, the CFI declared the marriage null and
void ab initio as the respondent entering into a bigamous marriage
defined and penalized under Article 349 of the Revised Penal Code. The
respondent betrayed the trust reposed in him by the complainant. The
respondent committed grossly immoral conduct and violation of his oath
as a lawyer, and it is recommended that respondent be suspended from
the practice of law for a period of three (3) years. Attorney's Oath which
every lawyer in the country has to take before he is allowed to practice.
The respondent committed grossly immoral conduct and violation of his
oath as a lawyer.
WHEREFORE, respondent Leo J. Palma is found GUILTY of grossly
immoral conduct and violation of his oath as a lawyer, and is hereby
disbarred from the practice of law.

 Rule 7.03, Canon 7

A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law,
nor shall he, whether in public or private life, behave in scandalous manner to the discredit of
the legal profession."

Being in the legal profession requires good moral character in dealing with the client's life,
reputation and property. Having the said relationship without the client’s know-how displaced the trust

2. The Bar
 In Re: Integration of the Bar of the Philippines, 49 SCRA 22 (1973)

Facts: The Commission on Bar Integration submitted its Report with

the “earnest recommendation” — on the basis of the said Report and the
proceedings had in Administrative Case No. 526  of the Court, and
“consistently with the views and counsel received from its [the
Commission’s] Board of Consultants, as well as the overwhelming nationwide
sentiment of the Philippine Bench and Bar” — that “(the) Honorable
(Supreme) Court ordain the integration of the Philippine Bar as soon as
possible through the adoption and promulgation of an appropriate Court
Rule.” The petition in Adm. Case No. 526 formally prays the Court to order
the integration of the Philippine Bar, after due hearing, giving recognition
as far as possible and practicable to existing provincial and other local Bar
associations.

Issues: (1) Whether or not the Court has the power to integrate the
Philippine Bar?
(2) Whether or not the integration of the Bar is constitutional?

Ruling: Yes to both issues. The Court is of the view that it may
integrate the Philippine Bar in the exercise of its power, under Article VIII,
Sec. 13 of the Constitution, “to promulgate rules concerning. . . . the
admission to the practice of law.”

As defined in the case above the Integration of the Philippine Bar means the official roster
of the entire lawyer population of the country, requiring membership and financial support of
every attorney as conditions to their practice in law and the retention of his name in the list of
attorneys in the supreme court. The Bar is beneficial to lawyers as it promotes in them the
disciple in the public responsibilities and gives them a systematic way of working which is
effective to both the government and the public community.

 In Re: Vicente Raul Almacen, 31 SCRA 562 (1954)

Facts: Atty. Vicente Raul Almacen's "Petition to Surrender

Lawyer's Certificate of Title," filed on September 25, 1967, in protest
against what he asserts is "a great injustice committed against his
client by this Supreme Court." He indicts this Court, as a tribunal "peopled
by men who are calloused to our pleas for justice, who ignore without
reasons their own applicable decisions and commit culpable violations of
the Constitution with impunity." His client, he continues, who was deeply
aggrieved by this Court's "unjust judgment," has become "one of the
sacrificial victims before the altar of hypocrisy."

Introduction to Law and Legal Profession Note No. 1

4
 He alludes to the classic symbol of justice saying "that justice
as administered by the present members of the Supreme Court is not
only blind, but also deaf and dumb." He then vows to argue the cause of
his client "in the people's forum," so that "the people may know of the silent
injustice's committed by this Court," and that "whatever mistakes,
wrongs and injustices that were committed must never be repeated."
He ends his petition with a prayer that a resolution issue ordering
the Clerk of Court to receive the certificate of the undersigned attorney and
counsellor-at-law IN TRUST with reservation that at any time in the
future and in the event we regain our faith and confidence, we may
retrieve our title to assume the practice of the noblest profession.

The genesis of this unfortunate incident was a civil case entitled

Virginia Y. Yaptinchay vs. Antonio H. Calero, in which
Atty. Almacen was counsel for the defendant. The trial court, after due
hearing, rendered judgment against his client. On June 15,
1966 Atty. Almacen received a copy of the decision. Days later, or
on July 5, 1966, he moved for its reconsideration. He served on the adverse
counsel a copy of the motion, but did not notify the latter of the time and
place of hearing on said motion. Meanwhile, the plaintiff moved for
execution of the judgment. For "lack of proof of service," the trial court
denied both motions. To prove that he did serve on the adverse party a
copy of his first motion for reconsideration, Atty. Almacen filed a second
motion for reconsideration to which he attached the
required registry return card. This second motion for reconsideration,
however, was ordered withdrawn by the trial court, upon verbal motion
of Atty. Almacen himself, who had already perfected the appeal. Because
the plaintiff interposed no objection to the record on appeal and appeal
bond, the trial court elevated the case to the Court of Appeals.

Issue: Whether or not Atty. Vicente Raul Almacen must surrender

his Lawyer’s Certificate of Title.

Ruling: It is the duty of the lawyer to maintain towards the courts

a respectful attitude, not for the sake of the temporary incumbent of
the judicial office, but for the maintenance of its supreme importance. Well-
recognized therefore is the right of a lawyer, both as an officer of the
court and as a citizen, to criticize in properly respectful terms and
through legitimate channels the acts of courts and judges.

As a citizen and as officer of the court, a lawyer is expected not

only to exercise the right, but also to consider his duty to avail of
such right. Atty. Almacen is suspended from the practice of law until
further orders.

 Rule. 1.01, Canon 1

A lawyer shall uphold the Constitution, obey the laws of the land and promote
respect for law and legal processes
Lawyers are bound to their oath, that their duty to render respectful subordination to the courts
is essential to the orderly administration of justice. He promises as a lawyer and in his fitness as an
officer of the Court, in the exercise of the disciplinary power the morals imbed-ed in our
authority and duty to safeguard and ethics of the legal profession. As to the reason why he was
suspended upon the violation of his oath.

 In Re: Albino Cunanan, 94 Phil. 534 (1954)

Facts: Congress passed Rep. Act No. 972, or what is known as the Bar
Flunkers Act, in 1952. The title of the law was, “An Act to Fix the Passing
Marks for Bar Examinations from 1946 up to and including 1955.”
Provided however, that the examinee shall have no grade lower than
50%. Section 2 of the Act provided that “A bar candidate who obtained a
grade of 75% in any subject shall be deemed to have already passed that
subject and the grade/grades shall be included in the computation of
the general average in subsequent bar examinations.”

Issue: Whether of not, R.A. No. 972 is constitutional.

Introduction to Law and Legal Profession Note No. 1

5
 Ruling: Section 2 was declared unconstitutional due to the fatal defect
of not being embraced in the title of the Act. As per its title, the Act
should affect only the bar flunkers of 1946 to 1955 Bar examinations. Section 2
establishes a permanent system for an indefinite time. It was also struck down
for allowing partial passing, thus failing to take account of the fact that
laws and jurisprudence are not stationary.

As to Section1, the portion for 1946-1951 was declared unconstitutional,

while that for 1953 to 1955 was declared in force and effect.

As to the portion declared in force and effect, the Court could not muster
enough votes to declare it void. Moreover, the law was passed in 1952, to
take effect in 1953. Hence, it will not revoke existing Supreme Court
resolutions denying admission to the bar of an petitioner. The same may
also rationally fall within the power to Congress to alter, supplement or
modify rules of admission to the practice of law.

The clause emphasized above indicates that the Bar has a certain scoring criteria which the
congress can alter or modify if they see fit and that the Bars has grade standards that law students
should attain to be able to practice law as a profession.

The Bars are merely a cut off exams that test the comprehension,knowledge and critical
thinking of those who study law and that its standards should be reach in order for the law
students to be differentiated from lawyers.

3. The Practice of Law

 Cayetano v. Monsod, 201 SCRA 210 (1991)

Facts: Respondent Christian Monsod was nominated by President

Corazon C. Aquino to the position of Chairman of the COMELEC in a letter
received by the Secretariat of the Commission on Appointments. Petitioner
Renato Cayetano opposed the nomination because Monsod does not possess
the required qualification of having been engaged in the practice of law
for at least ten years.
The Commission on Appointments confirmed the nomination of Monsod
as Chairman of the COMELEC. June 1991, he took his oath of office and
assumed office as Chairman of the COMELEC. Challenging the validity of
the confirmation by the Commission on Appointments of Monsod’s
nomination, petitioner as a citizen and taxpayer, filed the instant petition for
certiorari and prohibition praying that said confirmation and the appointment
of Monsod as Chairman of the Commission on Elections be declared null
and void.

Issue: Whether or not the respondent possesses the required qualification

of having engaged in the practice of law for at least ten years.
Ruling: The Supreme Court ruled that Atty. Monsod possessed the
required qualification. In the case of Philippine Lawyers Association vs.
Agrava: The practice of law is not limited to the conduct of cases or
litigation in court. In general, all advice to clients, and all action taken for
them in matters connected with the law incorporation services,
assessment and condemnation services, contemplating an appearance
before judicial body, the foreclosure of mortgage, enforcement of a
creditor’s claim in bankruptcy and insolvency proceedings, and conducting
proceedings in attachment, and in matters of estate and guardianship have
been held to constitute law practice.
Practice of law does not need to end in exiting the court but also is applied elsewhere which
requires the application of law, legal procedure, knowledge, training and experience. In
Practicing law as a profession is to perform the acts required by the profession. A practice of law
requires a lawyer to have a work-like relationship with his client, whether in or out of the court.

 Ulep v. Legal Clinic, Inc., 223 SCRA 378 (1993)

“The practice of law is not a profession open to all who wish to engage in
it nor can it be assigned to another (See 5 Am. Jur. 270). It is a personal
right limited to persons who have qualified themselves under the law.”

“Becoming a lawyer requires one to take a rigorous four-year course of

study on top of a four-year bachelor of arts or sciences course and then to
take and pass the bar examinations. Only then, is a lawyer qualified to
practice law.”

Introduction to Law and Legal Profession Note No. 1

6
Law as a profession is not open to every person but is offered to those who qualified the Bars and
distinguishes themselves apart from mere students of law.
In the aspiration to attain law as a profession, one must undergo the said courses and exam stated
above for him to practice law legally.

 Cojuangco, Jr. v. Palma, 438 SCRA 306 (2004)

“The respondent committed grossly immoral conduct and violation of his

oath as a lawyer. . . . Attorney's Oath which every lawyer in the country has
to take before he is allowed to practice.”
From the clause taken from the case, it stated that before a person can practice law, one
should undertake the oath taken after taking up the Bar exams as required by government. In the
contents of the said Attorney’s Oath are rules and regulations that lawyers must uphold while
practicing law as a profession and in its violation the lawyer may be disbarred from the practice.

 In Re: Letter of the UP Law Faculty Entitled "Restoring Integrity:

A Statement by the Faculty of the UP College of Law on the
Allegations of Plagiarism and Misrepresentation in the Supreme
Court, 644 SCRA 543 (2011)

Facts: Allegations of plagiarism were hurled by Atty. Harry L. Roque, Jr. and
Atty. Romel R. Bagares against Justice Mariano C. Del Castillo for his ponencia in
the case of Vinuya v. Executive Secretary. In said case, the Court denied the
petition for certiorari filed by Filipino comfort women to compel certain officers
of the executive department to espouse their claims for reparation and
demand apology from the Japanese government for the abuses committed
against them by the Japanese soldiers during World War II. Attys. Roque and Bagares
represent the comfort women in Vinuya v. Executive Secretary, which is
presently the subject of a motion for reconsideration. 

The faculty of the University of the Philippines College of Law published a

statement on the allegations of plagiarism and misrepresentation relative to the
Court’s decision in Vinuya v. Executive Secretary. The faculty of the UP College of
Law calls for the resignation of Justice Del Castillo in the face of allegations of
plagiarism in his work.

The Court could hardly perceive any reasonable purpose for the faculty’s
less than objective comments except to discredit the Decision in the Vinuya case
and undermine the Court’s honesty, integrity and competence in addressing the
motion for its reconsideration. This runs contrary to their obligation as law
professors and officers of the Court to be the first to uphold the dignity and
authority of this Court, to which they owe fidelity according to the oath they have
taken as attorneys, and not to promote distrust in the administration of justice. 

Issue: Whether or not the UP Law Faculty’s actions constitute violations of

Canons 10, 11, and 13 and Rules 1.02 and 11.05 of the Code of Professional
Responsibility. 

Ruling: Issuance of show cause order resolution to the respondents (UP Law
Faculty) as to why they should not be disciplined as members of the Bar per issues
stated above.

 Rule 1.02 - A lawyer shall not counsel or abet activities aimed at

defiance of the law or at lessening confidence in the legal system.

 CANON 10 - A LAWYER OWES CANDOR, FAIRNESS AND

GOOD FAITH TO THE COURT.

 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 paper, the language or the argument of opposing counsel, or the
text of a decision or authority, or knowingly cite as law a provision already
rendered inoperative by repeal or amendment, or assert as a fact that which
has not been proved.

 Rule 10.03 - A lawyer shall observe the rules of procedure and shall not
misuse them to defeat the ends of justice.

Introduction to Law and Legal Profession Note No. 1

7
  CANON 11 - A LAWYER SHALL OBSERVE AND MAINTAIN
THE RESPECT DUE TO THE COURTS AND TO JUDICIAL OFFICERS
AND SHOULD INSIST ON SIMILAR CONDUCT BY OTHERS.
 Rule 11.05 - A lawyer shall submit grievances against a Judge to the
proper authorities only.

 CANON 13 - A LAWYER SHALL RELY UPON THE MERITS OF

HIS CAUSE AND REFRAIN FROM ANY IMPROPRIETY WHICH
TENDS TO INFLUENCE, OR GIVES THE APPEARANCE OF
INFLUENCING THE COURT.

The following Canons above are the violations of the UP faculty in the case of
plagiarism. The canons are found in the Code of Professional Responsibility which a lawyer
should honor and set as their guide in performing their profession.

 R.A. No. 9999, “The Free Legal Assistance Act of 2010”

 Section 3.

The term legal services to be performed by a lawyer refers to any activity which
requires the application of law, legal procedure, knowledge, training and experiences
which shall include, among others, legal advice and counsel, and the preparation of
instruments and contracts, including appearance before the administrative and quasi-
judicial offices, bodies and tribunals handling cases in court, and other similar services as
may be defined by the Supreme Court.

The section above are services that a lawyer can supply to his clients provided the said
lawyer is practicing law and distinguishes his profession in law to his other endeavors and the
status of his clients.

C. Case Briefs

A case brief is a short summary and analysis of the case prepared for the
convenience of students. It is a set of notes presented in a systematic way, in order to
identify the issues, ascertain what was decided, and analyze the reasoning behind
decisions made by the courts.
 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

T.A.R.P. is a simple concrete way to organize one’s thoughts before the thoughts
are placed in a paragraph form.

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

 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

 How to Brief a Case, Christopher Pyle,

 Case Briefing

Introduction to Law and Legal Profession Note No. 1

8
 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.

 Case brief contains the following elements:

1. Title and Citation

The title of the case shows who is opposing whom. The name of the person
who initiated legal action in that particular court will always appear first.

2. Facts of the Case

It is a summary of the eventful facts and legal points raised in the case. It will
show the nature of the litigation, who sued whom, based on what occurrences, and
what happened in the lower court/s.
 Facts that explain how and why the court came to the conclusion of
the case or its ruling. These are the facts of the case that contributed to
the argumentation and resolution of the problem between parties.
3. Issues

The issues or questions of law raised by the facts peculiar to the

case are often stated explicitly by the court.

4. Decisions (Holdings)

The decision, or holding, is the court’s answer to a question

presented to it for answer by the parties involved or raised by the
court itself in its own reading of the case. the holdings can be stated in
simple “yes” or “no” answers or in short statements taken from the language used
by the court.
 It is the ruling of the court, it usually contains the basis of the ruling or
decision of said court and the statements that contribute to the made
ruling of the judge or court.

Introduction to Law and Legal Profession Note No. 1

9