VARGAS, Rick C.

Legal Research
Adamson University 1st sem, A.Y. 2021-2022

Quiz 1

Instructions: Answer briefly, clearly, and concisely. Begin each question on a separate page. A
mere yes or no, sans any explanation, will not merit any points.

1. Differentiate mandatory and persuasive authorities. Give an example of each. (5 pts.)

2. Give instances when resort to Secondary before Primary sources are called for. (3 pts.)

3. What is judicial review? Why is it considered “expanded” under the 1987 Constitution? (5
pts.)

4. Enumerate the essential requisites for judicial review, and give a brief explanation for each.
(5 pts.)

5. The Department of Justice Secretary announced that Republic Act No. 11479, or the Anti-
Terrorism Act of 2020, took effect on 18 July 2020, which is allegedly the 15th day from its
publication in the website of the Official Gazette on 3 July 2020. However, publication in
the physical copy of the Official Gazette was only made on 6 July 2020. Is the DOJ
Secretary correct? Support your answer. (5 pts.)

6. What is a Minute Resolution? Does it have the effect of res judicata? Can it basis for
jurisprudence? (5 pts.)

7. When may the President exercise his or her veto powers? (2 pts.)

8. BONUS: Of the Spanish laws enumerated in In Re: Shoop [41 Phil. 213], which law remains
effective today? (1 pt.) Cite a provision of that law. (2 pts.)
 1

Mandatory primary authority is law created by the jurisdiction in which the law operates like the
Philippines. For example, laws that were created and passed in the Philippines.

Persuasive mandatory authority is law created by other jurisdictions, but which have persuasive value
to our courts. For example, Spanish and American laws and jurisprudence that were used when there
were no Philippine statute or jurisprudence available, or when the Philippine statute or jurisprudence
under interpretation is based on either the Spanish or American law.
 2

Secondary authority or sources are commentaries or books, treatise, writings, journal articles that
explain, discuss or comment on primary authorities. These are also known as unofficial sources and
generally referred to as those commercially published or those that are not published by government
agencies or instrumentalities. The general rule is that in the absence of a primary source, the secondary
source may be cited, however, there are instances where secondary sources may be favored before
primary sources. This happens when primary authorities are scarce or nonexistent.
 3

Judicial review is the examination of the lawfulness of a decision or action made by a public body. It
allows our Supreme Court to take an active role in ensuring that the other branches of government
abide by the provisions of the Constitution. The 1986 Constitution expanded the power of judicial
review under Article 8, Section 1, wherein it provided the Supreme Court the power to determine
whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction
on the part of any branch or instrumentality of the government.
 4

The essential requisites for a judicial review are:

• the existence of an actual and appropriate case or controversy

• a personal and substantial interest of the party raising the constitutional question
• the constitutional question is the lis mota of the case
• the exercise of judicial review is pleaded at the earliest opportunity; and

The first two requisites requires that there is an actual controversy and that it is ripe for adjudication.
According to the case of Belgica vs Executive Secretary, “A question is ripe for adjudication when the
act being challenged has had a direct adverse effect on the individual challenging it. It is a prerequisite
that something had been accomplished or performed by either branch before a court may come into
the picture and the petitioner must allege the existence of an immediate or threatened injury to itself
as a result of the challenged action.” The third requisite is often referred to as the legal standing of the
petitioner, and lastly, the review should be raised at the earliest opportunity with the it not yet being
moot or academic.
 5

No, the DOJ secretary is incorrect. It is clearly stated in Article 2 of the New Civil Code. ARTICLE
2. Laws shall take effect after fifteen days following the completion of their publication either in the
Official Gazette or in a newspaper of general circulation in the Philippines, unless it is otherwise
provided. Furthermore, the Supreme Court decided on from 2008, which is G.R. No. 170338 wherein
Supreme Court said in that decision that even the Electronic Commerce Act "does not make the
internet a medium for publishing laws, rules, and regulations." This clearly rejects the online
publication as an official publication listed under Article 2 of the New Civil Code and therefore, the
DOJ secretary is incorrect in his statement
 6

The case of Laganas and Tabbal vs Hon. Emuslan and Standard Insurance discusses Res Judicata. Res
judicata refers to the rule that a final judgment or decree on the merits by a court of competent
jurisdiction is conclusive of the rights of the parties or their privies in all later suits on all points and
matters determined in the former suit.

The elements of res judicata are as follows: (1) the former judgment or order must be final; (2) the
judgment or order must be on the merits; (3) it must have been rendered by a court having jurisdiction
over the subject matter and the parties; (4) there must be, between the first and the second action,
identity of parties, of subject matter and cause of action.

As for the effect of Minute Resolution to cases, it was discussed in the case of Read-Rite Philippines,
Inc. vs Francisco, et. al. The Court held that minute resolution that denies or dismisses a petition for
failure to comply with formal and substantive requirements, the challenged decision, together with its
findings of fact and legal conclusions, are deemed sustain. As to its effect on other cases it constitutes
res judicata. An exception would be if other parties or another subject matter is involved, then the
minute resolution is not a binding precedent.
 7

According to Article 6, Section 27, The President shall have the power to veto every bill before it
becomes a law. The general rule is when a President disapproves a bill, veto is executed to invalidate
the whole law. The power must generally be exercised in its entirety. The exception would be what is
called item or line-veto power wherein the president may veto any particular item or items in an
appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to which he does
not object.
 8

Of the enumerated Spanish laws in the Max Shoop case, the one still effective today is the Civil Code
Code. Our Civil Code is highly influenced by the Spanish Civil Code especially on laws on property,
succession and oblicon. An example would be, in the law on succession which retains the concepts
that are indigenous to Spain such as the rule on legitimes and reserva troncal.