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Arellano Law Foundation

Taft Ave., Cor. Mento St., Pasay City

CLASSROOM PRAYER

Dios aming Ama, kami ay nagpupuri’t


nagpapasalamat sa iyo.
Sa patnubay ng mahal na Espiritu Santo
kami ay tulungan sa aming pag-aaral
dito sa Arellano Law Foundation.
At sa aming pakikisama sa aming
mga guro at kamag-aral.
Tulungan Mo po rin ang mga namamahala
ng Arellano Law Foundation.
At bigyan Mo po kami ng pagkakataon
na makapaglingkod sa aming mga kapwa,
sa aming mga magulang at sa Bayang Pilipinas.
Hinihingi po namin ito sa ngalan ng
iyong Anak na si Hesus. Amen.

A. OUTLINE ON LEGAL RESEARCH


AUGUST 19, 2023 – DECEMBER 19, 2023
09:00 AM - 10:00 AM

I. DEFINITION

It is the process of providing information to a query.

II. APPLICATION

a) used in the practice of law


b) legal consultation (public service)
c) litigation and in resolving cases by Courts

III. TARGET AUDIENCE

a) community
b) business
c) public services
d) exercise of profession

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IV. POLITICAL STRUCTURE

a) the Executive
b) legislation
c) judiciary
d) academe

V. PLACE OF LEGAL RESEARCH

a) UP Law Center / Law School libraries

b) Government libraries and websites

c) Publishing houses

d) International Publication / research center

VI. SOURCE OF MATERIALS

1) Enactment of the Philippine Congress known as Republic Acts.

2) Batasan Pambasan – Prior to 1987 Constitution

3) Commonwealth Acts

4) Decisions of the Supreme Court

VII. PHILIPPINE CONSTITUTION

1935 Constitution

1973 Constitution (Martial Law)

1986 Provisional Constitution (Freedom Constitution)


(Proclamation No. 3 promulgated on March 3, 1986
by President Corazon Aquino)

1987 Constitution

VIII. STATUTES

General and abstract sense – science of moral laws founded on the rational
nature of man or his free activity for social
ends of life.

Specific and concrete sense – rule of conduct, just, obligatory, formulated


by legitimate power for common
observance and benefit.

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IX. REQUIREMENTS IN RESEARCHING ON LAW

1. Legislative history

2. Minutes of committee meetings

3. Committee reports

4. Bicameral Committee reports

5. Legislative record

6. Legislative Journal (summary)

7. Privilege speeches

X. IMPLEMENTING RULES AND REGULATIONS

Government agency tasked to implement the law

XI. JURISPRUDENCE

1. Body of decisions promulgated by the Supreme Court

2. Forms

a. Precedents – applicable to subsequent similar cases

b. Landmark cases – enunciate a doctrine or reversal of such.

c. Pro Hac Vice Decisions – applicable to a particular entity or situation


(not applicable to others)

d. Latest Decisions – within the current year the research is made.

3. Legal references

Law Dictionary

Law Encyclopedia – academic work that provides information on legal


terms, concepts and doctrines

Law Journals and Reviews – Publication by law schools and other


institutions

Legal Treatise – Scholarly work done by experts

Annotated Works – Books written by members of the legal academe or


the judiciary within their areas of expertise.

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XII. NON-LEGAL SOURCES (provide social dimension to the research-lowering
of juvenile age)

 News reports
 Speeches
 Articles
 Opinions
 Technical reports

XIII. LIMITATIONS OF ELECTRONIC MEANS

1. not all materials are found in the internet (rely solely on the latest data)
2. secondary sources are not available
3. learn the basics

XIV. CONTENT

In the study of legal research content is a very important element in the


presentation of one’s position in a controversy or dispute.

Content embodies one’s defenses or arguments convincing or persuading


another to his side.

Content of one’s work to be effective must be supported by:

Laws – the tool you will use to support your claim or disclaimer on a
particular issue. Law is your basis to justify your stand.

In using law as your justification in any matter, there is a need


for you to look into its legislative history, legislative journals (the
matters taken in the proceedings) and legislative record.

Jurisprudence – this refers to Supreme Court decisions on important


legal issue. You can refer to the Supreme Court
decision to aid you in your defense on a particular
legal problem at hand.

As a rule Supreme Court decision finally resolves a


question of law.

Excerpts – means citing a particular portion of a decision or publication


which may be of help to strengthen one’s belief.

Quotes – statements made by persons of importance or found on


published works of persons in authority such as experts or
scientific significance.

Reproductions – as a reliable source of knowledge, reproductions are


exact copy of another person work with permission.

Paraphrases and translations – these may refer to the expressions of


one’s interpretation of another work.

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XV. PRESENTATION

This involves the way or the system on how you will properly communicate your
sources of materials to your advantage.

In presentation you have to follow some standard to make your work more
appropriate and convincing.

These tools are:

1. Table – this may contain figure to show facts or other information.


2. Timeline – this is used to show sequence of events.
3. Statistical Data – these are mathematical figures or numbers to show
consistency or pattern of one’s findings or conclusions.

4. Bullets – this is a method used in presenting in a continuous manner


some form of enumeration in single line statement.

5. Descriptive summaries – brief account containing the essential


details.

XVI. EDITING

I. Elements

a) Preparation of a written work for publication, and

b) Correction, alteration, or changing to conform on one’s idea or


presentation.

II. Coverage
 Spelling
 Grammar
 Margins
 Font (size and style of type)
 Paragraphs
 Lay out (spacing, italics)

III. Supreme Court Mandated Format

a) Kind of material (pleadings – paper submitted to the Court

b) Familiar with standards

c) Specifications

d) Presentation of facts (chronological order)

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XVII. STYLE

I. Nature
a) particular appearance / distinctive outlook peculiar to a person.
b) organization and presentation of the material
c) logical arrangement for easy reference
d) reflects a difference - making one known or identifiable to something
apart from others.

II. Gender Sensitivity – awareness to gender-related roles and concepts.

a) It presents a balanced view and treatment (eliminate discrimination)

b) Use of gender neutral terms in formal papers and in research

III. Right Connectives

This is the process in legal writing where you use words in a sentence to
insure continuity of one’s thought or idea.

Proper use of connectives is important in legal writing to enable one to


harmonize the presentation of his work for better understanding of what
one is trying to communicate.

Connectives are words that helpful in showing the relevance of statements


to another.

Use of connective in a language is an effective tool for communication.

IV. Abstract versus Concrete Writing

In legal writing use of abstract use makes one’s work dry and sometimes
uncertain. Abstract words lack clarity in your writing and may lead to
confusion in the presentation of one’s work.
In legal writing it is advisable that you use words denoting specific or
definite description of what you are saying.

By use of concrete words or terms in legal writing you are able to


communicate or express clearing what you want to say in your paper.

Concrete words or terms are effective tool in persuading a reader to focus


or give attention to your work.

V. Substitute Names

In legal writing avoid over use of substitute names.

Use of substitute names is usually resorted in legal writing to avoid


repetition of the identity of the parties in a case.

Substitute names may at times give rise to confusion.

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XVIII. FINAL CONSIDERATION

A. Procedure in Reviewing Your Work

1. Check your sources – See if you have reproduced the material


correctly. This is to ensure that your material is solid.
2. Validate your interviews – This ensures that your report on such
interviews are accurate and reflect the views, opinions, or arguments
of the persons you interviewed.
3. Verify your citation – This is to validate your sources;
4. Go over your outline – This is to evaluate the flow of your
presentation; and
5. Appreciate the aesthetics – This is to entice the reader to read your
report. Remember, if your report is not pleasing to the eye, nobody will
read it no matter how good it is. Observe proper format in the
presentation of your work.

B. Factors

a. Patience – don’t rush your work. Don’t take your work lightly.
b. Thoroughness – be comprehensive in the output of your work.
c. Pursue excellence in your work. Maintain the trust and confidence of
your client. Invoke the Divine Assistance that your research work is
worth your effort and money of your client.

B. SCHEDULE OF ACTIVITY
09:00 AM– 10:00 AM
2nd Semester 2022-2023

DATE GROUP REPORT/TOPIC


AUGUST 20 Dr. Molina’s Lecture
AUGUST 27 Dr. Molina’s Lecture

SEPTEMBER 3 Group I Constitutional Law

Group II Legal Ethics


SEPTEMBER 10
SEPTEMBER 17 PRELIM EXAM

SEPTEMBER 24 GROUP III Labor Laws (Social Legislation)

OCTOBER 1 GROUP IV Taxation

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OCTOBER 8 GROUP V Commercial Law (Intellectual Property)

OCTOBER 15 GROUP VI Civil Law

OCTOBER 21
TO MID-TERM EXAM
NOVEMBER 5

NOVEMBER 12 GROUP VII Criminal Law

NOVEMBER 19 GROUP VIII Remedial Law

International Law
NOVEMBER 26 GROUP IX

DECEMBER 3 GROUP X Environmental Law

DECEMBER 9
TO FINAL EXAM
DECEMBER 19

C. GROUPINGS
GROUP 1 GROUP 6
BATI, MICHAEL ANTONIO SEGOVIA SADDA, ALLAN MARK ANICETO
BADIO, ANNIE RAFAYYAH KIRAM MARTINEZ, FERLEE MISONGCO
NOCES, JUNNEL SARMIENTO

GROUP 2 GROUP 7
CUADRO, PALMER IDICA SORIAO, KEVIN PAULO BERNAL
BELLEZA, JO ANNE MAE LUNA MONTEMAYOR, MA. THERESA GONONG
VIVAS, NELSON MACASO

GROUP 3 GROUP 8
FERNANDEZ, MATTHEW EZEKIEL MACATANGAY BAUTISTA, TRICIA ANN COLEEN MORTEL
BISTOYONG, FLORENCE RIO DE VERA MORELOS, VERALICE ENRIQUEZ

GROUP 4 GROUP 9
MACARAAN, WILLARD ENRIQUE RACELIS MUYCO, KRISTINA LADEZA
ESTILLORE, ANGELA TAGALICUD COLLANTES, PAUL TJ CAGAOAN

GROUP 5 GROUP 10
PUBLICO, JACOB ELRICK CATIPAY BAGGAY, JAYPEE DELA CUESTA
GAMMAD, MA. JAMILLE BASILIO LOPEZ, DEREK DOVAL ALCANO

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D. RESEARCH COVERAGE FOR REPORTING
Your respective report must include

1. The Laws passed between 1997-2022 involving your report subject.

2. The Supreme Court rulings on your report subject between 1997-2022.

3. The Format

A. Particular law on the matter – discuss its main highlight and its purpose.

B. Supreme Court ruling (Digest)


B.1 Facts of the case
B.2 Supreme Court stand and not the dispositive portion

E. COMPUTATION OF YOUR GRADE

Class Attendance &


Mid – Term Grade = Class Participation + Midterm Exam
2

Final Grade = 40% of MG + 60% ﴾CP+FE / 2﴿

Note: CP means Class Participation & Attendance


(including your research work)

MG means Midterm Grade


FE means Final Exam
FG means Final Grade

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F. FINAL EXAM
LEGAL RESEARCH AND LEGAL WRITING

1. Each group is given a particular subject to accomplish as follows:

GROUP REPORT
I Collection of Sum of Money of Php. 2.0M
II Ejectment Rule 70 Revised Rules of Court
III Annulment of Title Sec. 48 PD 1529
IV Annulment of Marriage under Art. 36 Family Code
V Recovery of Property Art. 434 Civil Code
VI Prosecutor’s Office – Cybercrime under Sec. 6 RA
10175 in relation to Art. 353 of the Revised Penal
Code for Libel
VII Cancellation or Correcton of Entries in the Civil
Registry Rule 108 Revised Rules of Court
VIII Manufacturer of Tuna Sardine Art. 2187 of the Civil
Code
IX Government Employee Letter (f) Sec. 3 RA 3019 with
Ombudsman
X Election Protest on Board of Directors AM No. 01-2-
04 SC

2. For the above given topic, a group is tasked to prepare complaint or petition under
the 2022 latest Rules of Court specifically Rule 7.

3. Send the hard copy of your work to:

JOSE TEODORICO V. MOLINA


Block 65 Lot 1 Kudyapi St. corner
Ascension Ave., Lagro Subd.,
Brgy. Greater Lagro, Quezon City

Contact Nos. 83760473 / 09615869112

4. Deadline on December 19, 2023

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