DRAPER, Erika May I.

Legal Research
September 28, 2020
CPUJD 1-B Atty. Dephra Jane Articulo-Villoso

In legal research, researchers are required to make careful and critical evaluation of the sources
they study. Whenever one is researching through a book or a computer, he or she must be fair
with the three broad categories of legal literature which are the primary sources, secondary
materials and finding tools. Below are sources of law as discussed in the book Legal Research by
Rufus B. Rodriquez:

Firstly, primary sources of law are those recorded laws and rules which will be enforces by the
State. The first major primary sources are the legislative actions, codes and statutes. The second
major category primary sources are judicial decisions. And lastly, the third important primary
source is the administrative law, or the regulations and decisions of government agencies. Below
are ten of their respective examples:

LEGISLATIVE ACTIONS, JUDICIAL DECISIONS ADMINISTRATIVE LAWS

CODES & STATUTES
Administrative Code of 1917
CIR v. Primetown: Article 13 of the Civil Code Executive Order No. 211, Series of 2020 - An
does not distinguish between a leap year and a Order Implementing the Tanum Iloilo -
regular year. Province Wide Tree Growing with Social
Distancinf in the Province of Iloilo

Laureno v. CA: A person is presumed to be more Advisory No. 09, Series of 2020 - Guidelines
Revised Administrative Code of knowledgeable about his own state law than his on the conduct of RT-PCR Test at Qualimed
1917 alien or foreign contemporary. Molecular Laboratory for LOcally Stranded
Individuals (LSIs) of Iloilo Province

Administrative Code of 1987
People v. Veneracion: As long as that penalty
remains in the statute books, and as long as our
criminal law provides for its imposition in certain
cases, it is the duty of judicial officers to respect
and apply the law regardless of their private
opinions.
Executive Order No. 183 - An order
implementing the Plan for Rehabilitation and
Transformation of the Province of Iloilo to
Catalyze Recovery (Plan RT-PCR) in a regime
of Modified General Community Quarantine
(MGCQ) until August 31 Agust 2020 towards a
New Normal.

Floresca v. Philex Mining Corp.: Equity essentially Advisory No. 08, Series of 2020 - Guidelines
does not contradict the common law, but rather in the Implementation of Executive Order No.
Child and Youth Welfare Code it aims at securing substantial justice when the 128, Series of 2020, as amended by
rule of common law might see injustice. Executive Order No. 128-H, Series of 2020

Llorente v. CA: With the application of the
Nationality rule, regardless of where the citizen of
the Philippines may be, Philippines laws will be of
Civil Code
jurisdiction with respect to his/her family rights
and duties, or to the status, condition and legal
capacity.
Executive Order No. 160 - An Order
Implementing an Enhanced Community
Quarantine over the entire Municipality of
Bingawan for Stronger Protection against the
Corona Virus Disease 2019 (Covid-19)

Child and Youth Welfare Code
Marcos v. COMELEC: The absence from legal
residence or domicile to pursue a profession, to
study or to do other things of a temporary or semi-
permanent nature does not constitute loss of
residence.
Administrative Order No. 32, s. 2020 -
Expediting the review and approval process of
infrastructure flagship projects on water
security.

Comprehensive Agrarian
Reform Code
Merced v. Diaz: Prejudicial question has been
defined to be that which arises in a case, the
resolution of which (question) is a logical
antecedent of the issue involved in said case, and
the cognizance of which pertains to another
Tribunal.
Administrative Order No. 31, s. 2020 -
Authorizing the grant of duty allowance to
governmental personnel who volunteer for
deployment to the COVID 19 swabbing
facilities.

Philex Mining Corp v. Commisioner of Internal
Revenue: Malfeasance in the law of tort is the
commission of an unlawful act while misfeasance
Corporation Code is the commission of a lawful act in an improper
manner and nonfeasance means failure to
perform an act where there is a necessity to
perform the act.
Administrative Order No. 28, s. 2020 -
Authorizing the grant of special risk allowance
to frontline public health workers during the
period of ECQ relative to the COVID 19
outbreak.

Go v. Cordero: While it is true that a third person cannot
possibly be sued for breach of contract because only
Family Code parties can breach contractual provisions, a contracting
party may sue a third person not for breach but for
inducing another to commit such breach.
Administrative Order No. 24, s. 2020 -
Mandating all government agencies, GOCCs,
and state univerisities and colleges to strictly
implement water conservation measures.

Equitable Banking Corporation v. Calderon: Injury
is the illegal invasion of a legal right; damage is
Labor Code the loss, hurt or harm which results from the
injury; and damages are the recompense or
compensation awarded for the damage suffered.
Administrative Order No. 25, s. 2020 -
Centralizing all government efforts for the
reintegration of former rebels and creating for
the purpose of anti-agency task force.

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DRAPER, Erika May I.
Legal Research
September 28, 2020
CPUJD 1-B Atty. Dephra Jane Articulo-Villoso

Secondly, publications which are not primary authority but which discuss or analyze legal
doctrine are considered secondary materials. Secondary materials vary widely in purpose and
quality, ranging from authoritative treaties by great academic scholars to superficial tracts by
hack writers. These includes treaties, commentaries, and encyclopedias. Below are ten of their
respective examples:

TREATIES COMMENTARIES ENCYCLOPEDIAS

1976 Tripoli Agreement Jun Ledesma: A time for everything Encarta

1996 Final Peace Agreement Severino Samonte: When Marcos The Canadian Encylopedia
announced martial law proclamation
48 years ago

Abolition of Forced Labor Herman Tiu Laurel: The way to World Book Encyclopedia
Convention global data security – China Style

Apostille Convention Ismael Tabije: Water is life: The case Probert Encyclopedia
for massive reforestation

Geneva Convention of 1929 Romulo Nieva Jr.: SPMC and the Scholarpedia
heartbeat of Mindanao

Kyoto Protocol Julio O. Castillo Jr.: Mayor Eric B. Nupedia

Africa ready to defend Lipa

Paris Agreement Ely Dejaresco: Best is TEST the law Metapedia

Budapest Treaty Victoria Patria: Red-tagging, Red- Everipedia

baiting

Hague Protocol Joel Sy Egco: RSF Data: PH press Citizendium

better under Duterte

Nagoya Protocol Lorraine Badoy: What EDSA means Conservapedia

to me

Lastly, the finding tools are also considered as a source of law. Since our codes, statutes, rules,
regulations and court decisions have grown into a large body of law, it needs search materials or
finding tools to locate these legal sources. Without these, researchers may have a hard time
locating such, or worse, may not find existing statutes or decisions on point. These could be
computer-based or otherwise. However, these finding tools do not persuade, nor they
themselves have any primary or persuasive authority. They are only means of locating primary
resources. Below are ten of their respective examples:

COMPUTER-BASED

PHILJURIS

LEX LIBRIS

LAWPHIL

CHAN ROBLES

CDASIA

E-SCRA

SCRIBD

COURSEHERO

SCRA Quick Index-Digest

Digests and Annotations

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