UNIVERSITY OF PERPETUAL HELP LAGUNA

Sto. Niño, Biñan, Laguna

COLLEGE OF LAW

COURSE SYLLABUS

Date of Applicability:

a. First Semester
b. School Year 2018-2019

Course Title: Legal Research Pre-requisite: Section Code: L1A Schedule: Saturday 3-5 pm

Course Description: Legal Research (2units lecture – recitation)

The course will introduce structures to the methodology of legal research and preparation of legal opinions, memoranda, or expository or critical
paper on any subject approved by the faculty member teaching it.
 

Course Credit:
a. 2 units
b. 2 hours a week

Prepared: Approved: Noted:

Judge Harold Cesar C. Huliganga Atty. Wilfredo L. Bejasa Dr. Ferdinand C. Somido
Professor Dean School Director

1
General Objectives:
To enable the students to conduct fast, efficient, effective and systematic legal research through the use of coherent
research designs, methods and techniques, and to use the same in resolving legal problems or controversies.

Specific Objectives: At the end of the course, the students should be able to:

Cognitive:
1. Define legal research, determine its purpose, and understand its underlying significance in the study of law and in
their future work as lawyers.
2. Identify primary and secondary sources, as well as statutory and case laws.
3. Identify legal research methods, tools, mechanisms, processes and techniques.

Affective:

1. Distinguish primary and secondary sources, and delineate their mandatory, persuasive or binding effects as to a
given legal problem or controversy.
2. Recognize the importance and relevance of extant research methods, tools, mechanisms, processes, and
techniques.
3. Evaluate sources according to authority, binding effect, recentness, and quality.

Psychomotor:

1. Conduct effective legal research with efficiency, ease and speed, with minimum waste of time and resources, by
devising and implementing coherent research methods, designs, and techniques.
2. Prepare a legal memorandum applying the tools, skills, and techniques obtained from the study of the course.
3. Master case synthesizing and case briefing as effective tools of research and analysis.
4. Correctly and properly make legal citations.

Prepared: Approved: Noted:

Judge Harold Cesar C. Huliganga Atty. Wilfredo L. Bejasa Dr. Ferdinand C. Somido
Professor Dean School Director

2
Week Time Learning Objectives and Subject Matter Teaching Teaching Aids Eval. Min. Comp.
Allotme Values Integration Methodolo Tools Indicator
nt gy

1 2 hours To know and understand  Definition, Concept, Essence and Socratic/ Textbook on Legal Recitation 75%
the concept, importance, Importance of Legal Research Practical Research Major
and essence of legal  Sources of Law and Legal Research Exercises exams
research.  Distinction Between Primary and
Secondary Sources
 Classification of Law Books
 Manual viz. Computer-Assisted Legal
Research

2 2 hours To know and understand  Concept of law Socratic Textbook on Legal Recitation 75%
law in general, its history,  History, philosophy and theory Research and Major
philosophy, definition,  Classification Selected exams
classification and theory - civil law vs. common law Cases
- statutory law vs. case law
- private law vs. public law
- civil law vs. canon law
- civil law vs. criminal law
- substantive law vs. procedural law
- municipal law vs. international law
- general law vs. special law
3 2 hours To know, understand, and  The Legal Research Process: How to Socratic/ Textbook on Legal Recitation 75%
apply the process, Conduct Legal Research Practical Research and Major
techniques, and methods  The TARP Rule Exercises Selected exams
of legal research  Formulating and Researching Legal Cases
Issues
 Law Finding Techniques - Approaches

4 2 hours To know, understand, and  What and How of Case Briefing Socratic/ Textbook on Legal Recitation 75%
apply the technique of  What and How of Case Synthesizing Practical Research and Major
case briefing and Exercises Selected exams

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 synthesizing Cases
5 2 hours To know and understand  Concept of Statutory Law Socratic Textbook on Legal Recitation 75%
the concept of statutory  The Philippine Constitution: Relevance, Research and the Major
law and the Philippine History, and Evolution texts of the Philippine exams
Constitution Constitution
6 2 hours To know and understand  Concept of Treaties and International Socratic Textbook on Legal Recitation 75%
the concept of treaties and Agreements Research and Major
international agreements  Distinction between Treaties and Selected Cases exams
Executive Agreements
 Read:
- Commissioner of Customs vs.
Eastern Sea Trading, G.R. No. L-
14279, October 31, 1961
- USAFFE Veterans Asso. Inc. vs.
The Treasurer, G.R. No. L-10500,
June 30, 1959
- BAYAN vs. Zamora, G.R. No.
138570, October 10, 2000.
7 2 hours To know and understand  Legislation in General Socratic Textbook on Legal Recitation 75%
the statutes enacted by the  Constitutional Provisions Research and Major
legislature  Types, Forms, Enactment, Parts and Selected Cases exams
Construction of Statutes
 Concept of Hodge-podge or Log-rolling
 Read:
- Lidasan vs. Comelec, 21 SCRA
496
- Aglipay vs. Ruiz, 64 SCRA 201
- People vs. Echavez, 95 SCRA
663
8 2 hours To know and understand  Pre-Spanish Period Socratic Textbook on Legal Recitation 75%
the history of Philippine  Spanish Period Research Major
legislation exams
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M I D T E R M E X A M I N A T I O N S

10 2 hours To know and understand  The Period of Philippine Revolution Socratic Textbook on Legal Recitation 75%

4
 the history of Philippine  The American Period Research Major
legislation  The Commonwealth Period exams
 The Japanese Period
 The Period After Independence up to the
1987 Constitution
 Summary of Philippine Legislation
11 2 hours To know and understand  Concept of Administrative Powers Socratic Textbook on Legal Recitation 75%
administrative rules and  Administrative Rules and Regulations Research and Major
regulations and ordinances - Requisites for validity Selected Cases exams
enacted by government - Mabanta vs. HDMF, G.R. No.
units 131082, June 19, 2000.
 Concept of Ordinances
12 2 hours To know and understand  The Concept of Case Law Socratic Textbook on Legal Recitation 75%
the concept of case law  The Philippine Judicial System from Pre- Research Major
and the evolution of the Spanish Times up to the Present exams
Philippine Judicial System
13 2 hours To know, understand, and  The Doctrine of Precedent Socratic/ Textbook on Legal Recitation 75%
apply the principles for  Stare Decisis and Res Judicata Practical Research and Major
evaluating case law - Taganas vs. Emuslan, G.R. No. Exercises Selected Cases exams
146980, September 2, 2003
- Ting vs. Ting, G.R. No. 166562,
March 31, 2009
- Lambino vs. COMELEC
(Dissenting Opinion, J. Puno),
G.R. Nos. 174153, 174299,
October 25, 2006
- Planned Parenthood vs. Casey,
505 US 833 (1992)
 Reversal and Overruling
 Ratio Decidendi and Obiter Dictum
- Suntay vs. Suntay, G.R. No.
132524, December 29, 1998
 The Law of the Case
- LBP vs. Suntay, G.R. No.
188376, December 14, 2011
 Binding and Persuasive Authority

5
14 2 hours To know and understand
the form of decisions of
different courts and other
tribunals
 Decisions of the Supreme Court and Socratic Textbook on Legal Recitation 75%
subordinate courts Research Major
 Read: exams
- Miranda vs. Imperial, 77 Phil.
1066, L-49090, February 28,
1947
- GSIS vs. Cadiz, G.R. No.
154093, July 8, 2003
- Nepomuceno vs. City of
Surigao, G.R. No. 146091, July
28, 2008
 Subordinate Decisions of Electoral
Tribunals and other quasi-judicial
agencies

15 2 hours To know and understand  Legal Citation Socratic Textbook on Legal Recitation 75%
the importance and - Concept, Importance and Research Major
purpose of legal citation Purpose exams
and learn how to make - Citation Principles
legal citations - How to Cite

16 2 hours To know and understand  Law Books of Secondary Authority Socratic/ Textbook on Legal Recitation 75%
secondary sources, search - Case digests Practical Research Major
materials and finding tools - Treatises and textbooks Exercises exams
- Bar reviewers
- Legal Periodicals, Encyclopedia
and Dictionaries
 Search Materials and Finding Tools
- Citators
- Indexes
- Bibliography
- Glossary of Legal Terms
- Digital Search Engines
17 2 hours To know and understand  Case Law Socratic/ Textbook on Legal Recitation 75%
research materials in the  Statutory Law Practical Research Major
United States  Secondary Materials Exercises exams

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18
F I N A L E X A M I N A T I O N S

References: Legal Research (Rodriguez)

A Guide to Philippine Legal Materials (Gupit and Martinez)
Legal Research (Feliciano)
Selected Cases

Grading System: 40% Class standing + 60% Major Exam = MG MG + FG

40% Class standing + 60% Major Exam = FG 2 = Final Grade

Prepared: Approved: Noted:

Judge Harold Cesar C. Huliganga Atty. Wilfredo L. Bejasa Dr. Ferdinand C. Somido
Professor Dean School Director