Legal Research and Bibliography

First Semester, AY 2022-2023

Tristan Carlos S. Castillo

I. Course Objectives

In the course of the semester, students are expected to learn and develop the
following skills in legal research and writing:

a) An understanding of the Philippine legal system, sources and hierarchy of

law, and an understanding of legal authorities;

b) The capacity to fully understand case law which may be exhibited by, and
among others, knowing the difference between the ratio decidendi and obiter
dictum, understanding the meaning and effect of stare decisis, among others,
and the capacity to digest a case; and

c) The ability to prepare well-researched legal documents whether they be

directed at a particular query or a multitude of issues, applying generally
accepted writing and citation styles while employing ethical and scholarly
principles in legal writing and research.

II. Grading and Attendance

A. The maximum allowed unexcused absences shall be 4 hours. Any student who
exceeds the maximum number of unexcused absences shall be given a grade of
60% and other sanctions in accordance with the PLM College of Law guidelines.

B. Class components:

Recitations and Quizzes: 35%

Other Outputs: 25%
Final Output: 40%

The professor reserves the right to give incentives and bonus points at his
discretion.

III. Miscellaneous
A. House Rules
B. Professor’s email address: tscastillo@alum.up.edu.ph
C. Consultation Hours: By appointment

IV. Course Outline

A. Introduction to Legal Research and Bibliography
1. What is legal research?
2. The legal system in the Philippines

Angara v. Electoral Commission, G.R. No. 45081, July 15, 1936.

Santos, Antonio (2013). A Guide to Philippine Legal Information, pp. 1-20
Feliciano, Myrna (2015). Philippine Legal System, pp. 1-13.
Gatmaytan, Dante (2016). Legal Method Essentials 3.0, pp. 1-45.

B. Sources of Law
1. Hierarchy of laws
2. Primary sources
3. Secondary sources
 Tanada v. Tuvera, G.R. No. L–63915, April 24, 1985, December 29, 1986.
People v. Que Po Lay, G.R. No. L-6791, March 29, 1954.
Santos, Antonio (2013). A Guide to Philippine Legal Information, pp. 20-27 and
68-97.
Feliciano, Myrna (2015). Philippine Legal System, pp. 14-31.
Gatmaytan, Dante (2016). Legal Method Essentials 3.0, pp. 51-62 and 273-285.

C. Reading Cases and Legal Writing

1. Research tools; traditional and online
2. Parts of a case; ratio decidendi and obiter dictum
3. Case law: stare decicis, res judicata, and law of the case
4. Supreme Court Manual of Judicial Writing (accessible at:
https://elibrary.judiciary.gov.ph)

People v. Macadaeg, G.R. No. L-4316, May 28, 1952.

Gatmaytan, Dante (2016). Legal Method Essentials 3.0, pp. 131-165 and
263-270.

D. Research ethics
1. Intellectual Property and Fair Use
2. Intellectual Honesty and Plagiarism

In the Matter of the Charges of Plagiarism, etc., against Associate Justice

Mariano Del Castillo, A.M. No. 10-7-17-SC, October 15, 2010, February 8, 2011.
Alparopa v. Calayan, A.C. No. 8208, January 10, 2018.
Sections 184 and 185, Intellectual Property Code of the Philippines, as amended.
ABS-CBN v. Gozon, G.R. No. 195956, March 11, 2015.

E. Writing a Legal Memorandum

Additional materials and references may be assigned as the class progresses.