LEGAL RESEARCH

Judge Michelle G. Divina-Delfin

PURPOSE: to ascertain the legal
consequences of a specific set of actual
or potential facts. It is always the facts
of any given situation – indeed dictate –
the issues of law that need to be
researched.
The key to successful legal research is good organization
followed by efficient execution.
KEY TO A SUCCESSFUL LEGAL RESEARCH:
ORGANIZATION-breaking it down into basic
steps which must precede in law books:

FACING THE FACTS (GAIA)

G athering the facts;
A nalyzing the facts;
I dentifying the legal issues raised by the
facts
A rranging the legal issues in a logical
order for research.
 
Gathering the facts- ascertain
the following likely sources of
information
People – in any event that occurs,
people such as clients, witnesses or any
person to whom the witnesses or victims
have spoken about the case is pertinent;
Tangible evidence- objects which
addresses to the senses which may be
viewed by the court; or documents such
as writings, letters, modes of written
expression, testimonies of witnesses
Books, periodicals, reports

Expert witnesses
Apply 5W and H approach

Who did it to whom?

What was done?
When was it done?
Where was it done?
Why was it done?
How was it done?
Analyzing the facts- use the TARP
Rule to give a clear understanding of the legal
problem and the search for materials

T hing or subject matter

A ction, cause of action (ground of defense)
R elief sought
P arties, persons places
 Thing or subject matter- the property involved in the
problem or in an automobile accident, the automobile is an
essential factor in the dispute
Cause of Action or Ground of Defense- cause of action is
the claim asserted by one person against another; defense is
the position of one against whom the claim is assailed.
Relief sought- purpose of the law suit. It may be a criminal
case being brought about by the State or a civil suit for
damages
Persons or Parties involved or Place of acts or events
Parties or persons may fit within a group or class
Relationships between the parties-i.e. husband and
wife, employer and employee, attorney and client
Commercial or professional activities of the parties,
i.e. insurance, banking, medicine, shipping
Place or events determines the law applicable to the
problem or jurisdiction
Identifying the legal
issues raised by the
facts-
The combined summaries of your
analysis would indicate the
determination of your specific
problems or issues. Arrange this
in a logical order.

Legal research process will focus

on and attempt to resolve these
matters
Arranging the legal issues
in a logical order for
research- use of methods of legal
research by using books or tools.

a.) Index or descriptive or fact word

method- initial use of a subject index to a
book or set of books. This is done after the
fact analysis of the problem through the
TARP RULE.
B.) Table of Contents, Topic of Analytic
Method
-Approach the problem as to what
law should be searched:
Constitutional law, criminal law,
family law, etc
-Examine the table of contents and
find appropriate subdivision which
your specific problem may be
categorized
C.) Known authority or Statute or Case
Method- if the applicable statute or
case is known, consult the textbook,
encyclopedia or some other source such
as the Table of Cases, Statutes compiled
or section or set such as an
encyclopedia containing the
information.
D.) Definition or Words and Phrases
Method- consult dictionaries or
encyclopedia where the problem
depends in whole or in part on the
meaning of a legal or non-legal word or
phrase.
E.) Specialized or the Generalized
Approach- if your problem hinges on a
definition for example “crimes against
moral turpitude” , you go straight to a
dictionary or words and phrases
encyclopedia. If you are unfamiliar with
the term, use generalized approach. The
purpose is to get some lead on the
location or a mandatory or primary
authority.
-strong point of electronic/digital
sources
F.) determine and classify whether the
issue involved is a constitutional,
statutory, administrative or case law
problem.
DOING LEGAL RESEARCH INVOLVING
THE THREE PROCESSES
FINDING THE LAW
READING THE LAW
UPDATING THE LAW
FINDING THE LAW

Sources of law

. Primary Sources (official sources)

-statute law: Constitution, legislative enactments
-case law: jurisprudence
The Supreme Court e-Library is properly considered a primary source of all SC
Decisions and other official judicial issuances appearing therein

. Secondary Authority (unofficial sources)

-written expressions of the law that analyze or interpret the primary sources
(considered persuasive) examples- annotations, law reviews and journals
TYPES OF SECONDARY SOURCES
-Books of search
-annotated reports and statutes e.g. SCRA
-loose leaf services e.g. Tax Reporter
-encyclopedia e.g. Alvir’s Encyclopedia of Law
-Books of index
-books of definition e.g. Moreno’s Phil Law Dictionary,
Black’s
Law Dictionary
-digests e.g. SCRA quick index, ALR Digest
-citations e.g. Shepards’, Paras’, Dizon’s
-form/practice books e.g. Guevara Legal Forms
-indexes
Types of Secondary Sources (cont.)

-electronic databases

-Internet-based or on-line information

-CD ROM and other digital media publications

Notes on Secondary Sources

They generally refer to commercial publications or those

not officially released by government agencies or instrumentalities.
In the absence of a primary source, they may be cited (e.g. SCRA)

In this new age of information technology, electronic sources have become

Quite popular because of ready availability of huge volume of data in
Compact form, as well as the relative ease with which research
Is conducted.
NOTE: Regardless of what method is
used, the technique of note-taking is
important. Just checking the list is not
enough, you must cite the authority
relied on accurately, and indicate the
date when the research was done. Each
law and case must be read in the
original and briefed and each argument
recorded in a different card. Conform
with the Philippine Manual of Legal
Citations for leading the reader directly
to the citation without recourse to
other methods for exact reference.
Remember, you have to be proficient,
thorough, attentive to detail, mindful of
the big picture, accurate, honest about
what the law says, thoughtful about its
implications and ethical.
PRACTICAL EXERCISE:

Candy, a 16-year old girl, secretly took a hen worth P200.00 kept in
a chicken coop owned by their neighbor, Cardo. Candy cooked it
into “adobo” and ate it as her meal. The acts of Candy were seen by
another neighbor, Caloy, who reported it to Cardo. Cardo filed a
complaint before the police. The police went to the house of Candy
and brought her to the police station where a social worker
examined her. When asked why she took the hen, she replied that:
“I have not eaten for 2 days. My parents are not around as they are
in the province and cannot travel because of the MECQ lockdown.
There is no food in my house”.

The Social Worker, after examination, stated that Candy acted with
discernment. She was brought to “Bahay Pag-asa” where her
parents found her.

You, as a student practitioner, was asked to assist her and research

on the issue. Should she be arrested for stealing the hen from their
neighbor? What preliminary steps would you take to research on
the issue. Analyze the problem.