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Mila Ong PhilippineLegalResearchBibliography
Mila Ong PhilippineLegalResearchBibliography
Milagros Santos-Ong
Director, Library Services
Supreme Court of the Philippines
2nd Convention of Court Librarians of the Philippines
Buenos Aires, Bago City, October 13, 2005
INTRODUCTION
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http://www.gov.pd/aboutphil/general.asp
http://www.popcom.gov.ph
POLITICAL STRUCTURE
The 1987 Constitution, duly ratified in a plebiscite held on February 2, 1987
1. GOVERNMENT STRUCTURE
2. CONSTITUTIONAL COMMISSIONS
3. LOCAL GOVERNMENTS
4. OTHER GOVERNMENT AGENCIES
GOVERNMENT STRUCTURE
The Barangays
Maragtas Code issued by Datu Sumakwel of Panay Island
Code of Kalantiao issued by Datu Kalantiano in 1433.
GOVERNMENT STRUCTURE
b). Spanish period (1521-1898)
Melquiades Gambao in his book entitled An Introduction to Philippine Law (7th ed,.,
1969) listed the most prominent laws in this period: Fuero Juzgo, Fuero Real, Las
Siete Partidas, Leyes de Toros, Nueva Recapilacion de las Leyes de Indias and the
Novisima Recopilacion. Some of these laws were also in force in other Spanish
colonies. Laws in force at the end of the Spanish rule in 1898 are as follows: Codigo
Penal de 1870, Ley Provisional para la Aplicaciones de las Dispociciones del Codigo
Penal en las Islas Filipinas, Ley de Enjuciamento Criminal, Ley de Enjuciameniento
Civil, Codigo de Comercio, Codigo Civil de 1889, Ley Hipotecaria, Ley de Minas, Ley
Notarial de 1862, Railway law of 1877, Law of Foreigners for Ultramarime Provinces
and the Code of Military Justice
The Laws of the First Philippine Republic; The Law of Malolos, 1898-1899
by Sulpicio Guevarra (1972).
GOVERNMENT STRUCTURE
Organic laws that govern the Philippines during this period were: President
McKinleys Instruction to the Second Philippine Commission on April 7, 1900;
Spooner Amendment of 1901; Philippine Bill of 1902; Jones Law of 1916 and the
Tydings McDuffie Law of May 1, 1934.
The Supreme Court of the Philippines were appealed to the United States
Supreme Court, which were reported in the United States Supreme Court Reports.
GOVERNMENT STRUCTURE
Efforts to amend the 1935 Constitution started on August 24, 1970 with
approval of Republic Act No. 6132 where 310 delegates were elected on November
10, 1970. On June 1, 1971, the Constitutional Convention met. While it was still in
session, President Ferdinand E. Marcos declared Martial Law on September 11,
1972. The Constitutional Convention completed the draft Constitution on
November 29, 1972. It was submitted for ratification through citizens assemblies on
January 17, 1973. This is known as the 1973 Constitution.
GOVERNMENT STRUCTURE
f). Martial Law Period (1972-1986)
1973 Constitution which established a parliamentary form of government.
Military tribunals were established. Amendments to the Constitution were made wherein by virtue of
amendment No. 3, the powers of the President and the Prime Minister were merged into the incumbent
President Ferdinand E. Marcos.
Amendment No, 6 authorized President Marcos to continue exercising legislative powers until
Martial law is in effect.
Amendment No. 7 provided for the barangays as the smallest political subdivision and the
sanggunians or councils.
Proclamation No. 2045 (1981) lifted Martial Law and abolished Military tribunals. Election was held on
June 16, 1981 and President Marcos was re-elected into office as President. The constitution was again
amended in 1984 and a plebiscite was held on January 27, 1984 pursuant to Batas Pambansa Blg. 643 (1984).
Elections were held on May 14, 1984 for the 183 elective seats in the 200 member Batasang Pambansa.
Impeachment resolution filed by 57 members of the opposition was filed against President Marcos
but was dismissed.
A special presidential lection, popularly known as Snap Election was called by President Marcos on
November 3, 1985 and was held on February 7, 1986
GOVERNMENT STRUCTURE
g). Republic Revival (1986 to present)
Proclamation No. 1 was promulgated where in she and her Vice President
took power in the name and by the will of the Filipino people.
1987 Constitution, the President and Vice President elected in the February
7, 1986 elections were given a six year term of office until June 30, 1992.
Congressional elections were held on May 11, 1987.
The number of Republic Acts continued from the number last used
before Martial Law (Republic Act No. 6635 (1972) and Republic Act No. 6636
(1987).
GOVERNMENT STRUCTURE
Executive Branch
Legislative Department
Judicial System
Others
Executive Branch
Since 1898 when the First Philippine Republic was established, the
Philippines has thirteen (13) Presidents (Office of the Press Secretary Online.htm).
The other members of the Executive Branch are the Vice-President and the
Heads of Executive Departments or Cabinet members. (http://www.gov.ph/directory);
(http://gov.ph/gov.links/ooficeofpres_departments.asp)
Executive Branch
The following are the Departments under the Executive Branch:
There are specific bureaus and offices directly under the Office of the President
(http://www.op.gov.ph)(http://www.gov.ph/govlinks/oofceofpres_departments.asp).
Judicial System
Sharia Courts
ORDINANCES
c. For Muslim law, the primary source of Shariah are Quran, Sunnaqh, Ijma
and Qiyas. Jainal D. Razul in his book Commentaries and Jurisprudence on the
Muslin Law of the Philippines (1984) further stated there are new sources of law
which some jurists rejected such as Istihsan or juristic preference; Al-Masalih, Al
Mursalah or public interest; Istidlal (custom) and Istishab. (deduction based on
continuity or permance).
LEGAL SYSTEM
Sources of Law
Classification by Authority
Classification by Source
Classification by Character
This refers to the nature of the subject treated in books. This classification
categorizes books as : a) Statute Law Books, b) Case Law Books or Law
Reports, c.) a combination of both and d). Law Finders.
PHILIPPINE LEGAL
1. Research of Statute lawRESEARCH
1.1. Constitution
The Philippines had several Constitutions as provided in some history books such as Gregorio F. Zaides
Philippine Constitutional History and Constitutions of Modern Nations (1970) and Founders of Freedom; The
History of Three Constitution by a seven man Board. The Philippine legal system recognizes the following
Constitutions: Malolos, 1935, 1973, Provisional or Freedom and 1987 Constitutions.
Text of the Malolos Constitution is available in some history books such as Gregorio F. Zaides Philippine
Constitutional History and Constitutions of Modern Nations, p. 176 (1970)
Sources for the 1934-1935 Constitutional Convention are: 10 volumes of the Constitutional Convention Record
by the House of Representatives (1966), Salvador Laurel's seven volumes book entitled Proceedings of the
Constitutional Convention (1966); 6 volumes of the Philippine Constitution, Origins, Making, Meaning and
Application by the Philippine Lawyers Association with Jose Aruego as one of its editors (1970) and
Journal of the Constitutional convention of the Philippines by Vicente Francisco.
Proceedings of the 1973 Constitutional Convention was not published. A complete compilation is available at
the Filipiniana Reading Room of the National Library of the Philippines.
Journals (3 volumes) and Records ( 5 volumes) of the Constitutional Convention of 1986 were published by the
Constitutional Commission
The proceedings and text of the 1935, 1973 and 1987 Constitutions will be available at the Supreme Court E-
Library.
PHILIPPINE LEGAL
RESEARCH
Laws passed by the new 1987 Congress started from Rep. Act No. 6636,
the last Republic Act promulgated by Congress before Martial Law was Rep. Act No.
6635.
The following are the Philippine codes adopted from 1901 to present:
In handling this type of materials, there are two important items needed:
Issuing Agency and the Year it was promulgated. This is due to the fact that all Department,
Bureaus, and other government agencies use the ADMINISTRATIVE ORDERS,
MEMORANDUM ORDERS AND MEMORANDUM CIRCULARS for their administrative rules and
regulations AND they start always with number 1 EVERY YEAR. Even the Supreme Court issues
Administrative Orders, Circulars, Memorandum Orders, and Administrative Matters.
When the 1987 Administrative Code (Executive Order No. 292) promulgated all
governmental and department orders, rules and regulations have to be filed with the
University of the Philippines Law Centers Office of National Administrative Register and
published quarterly in a publication called National Administrative Register. Aside from the
printed copies, the National Administrative Register is available electronically in CD ROMS (CD
Asia Technologies Inc.) at the Supreme Court E-Library.
Case Reports in the Philippines such the Philippine Reports, SCRA, SCAD
come in bound volume which generally covers a month
1. Philippine Digest
2. Republic of the Philippine Digest
3. Velayo's digest
4. Magsino's Compendium
5. Supreme Court's unpublished Subject Index
6. Martinez's Summary of Supreme Court rulings 1984- to 1997
7. UP Law Center's Supreme Court decisions: subject index and digest's
8. SC's Case Digest's
9. Philippine Law and Jurisprudence
10.Castigadors Citations
11. SCRA Quick Index Digest
12.Lex Libris Jurisprudence
Title Approach or Title of the Approach: (Please See Complete title of
the publication from the Philippine Legal Bibliography chapter)
TEXT:
Official Gazette (selective publication)
Court of Appeals Reports which was published by the Court of Appeals until
1980. Even this publication is not a complete compilation. It is still
considered selective for not all CA decisions are published
Court of Appeals Reports (CAR) by Central Book Supply. One volume was
published
Philippine Law and Jurisprudence
Reports Office of the Court of Appeals
Court of Tax Appeals decisions from 1980 to 2004 are found in the
Lex Libris; Taxation CD ROM.
Decisions of Administrative Agencies, Commissions and Boards
CD Asia Technologies Lex Libris series has individual CD ROMs for the
Department of Justice, Securities and Exchange Commission, Bangko Sentral ng
Pilipines (Central Bank of the Philippines), and the Bureau of Internal Revenue.
Included in these individual CD ROMs are the pertinent laws, their respective
issuances as well as Supreme Court decisions. It CD ROM on Labor (vol. VII)
incorporated issuances from the Department of Labor and Employment and its
affiliated agencies and offices. The Trade, Commerce and Industry CD ROM
includes Supreme Court decisions, laws and issuances of its various agencies
such as the Department of Trade and Industry, Board of Investments, Bureau of
Customs, Bangko Sentral and the Philippine Stock Exchange.
Law Schools
eighty nine (89) law schools throughout the
Educational Association and/or Organizations:
a. Philippine Association of Law Deans
b. Philippine Association of Law Professors
c. Philippine Association of Law Students
Bar Associations
The Laws of the First Philippine Republic; The Law of Malolos, 1898-1899 by
Sulpicio Guevarra (1972).
Lex Libris: Laws by CD Asia Technologies Inc (CD ROM)
Official Gazette. Volume 1 to present (1901- present) weekly
Philippine Permanent and General Statutes. Compiled and edited by
Gabriel B. Trinidad. (1971). 4v with Suppl..
Philippine Permanent and General Statutes. Compiled and edited by
Gabriel V. Trinidad, Jr. rev. ed. (1978- present). 7 vols.
Presidential Decrees with General Orders and Letters of Instructions.
Prepared and edited by Wenceslao G. Laureta (1973).
Presidential Decrees Consequent to Proclamation Nos. 1081/1104; Comp.
& Consolidated ed. By F.D. Pinpin (1973- ) v.
Presidential Decrees, Letters of Instruction, and Other Presidential.
Compiled and bound annual from Malacaang
Public Laws Annotated. Edited by Sulpicio Guevarra. (1963). 7v.
Public Laws enacted by the Philippine Legislature. Manila: Bureau of
Printing. (1910-1935). 24 v.
Public Laws of the Commonwealth Annotated by Jacobo & Sons. n.d. 4v.
A. STATUTE LAW BOOKS
TEXTBOOKS/TREATIES
1. 1987 Constitution
Bernas, Joaquin. The Constitution of the Republic of the Philippines 2003).
Bernas, Joaquin. Constitutional Structure and Powers of the Government
(1997).
Cruz, Isagani. Constitutional Law. (2003)
De Leon, Hector. Philippine Constitutional Law. (2003- 2004) 2 vols.
De Leon, Hector. Textbook on the Philippine Constitution (2002)
Joven, Jose. Primer on Philippine Government and Constitution. (1989).
Martin, Ruperto G. New Constitution of the Republic of the Philippines.
(1987).
Nolledo, J. Constitution of the Republic of the Philippines Explained (1992)
Padilla, Ambrosio. The 1987 Constitutions of the Republic of the
Philippines. With comments and cases (1990) 3 vols.
Paulino, Benjamin. The New Constitution: Annotated and Commented.
(1990)
Santiago, Miriam. Constitution Annotated. (2000)
Santiago, Miriam. Constitutional law. (1994) 2 vols.
Sibal, J. The 1987 Constitution of the Philippines (1994)
Suarez, Rolando. Principles, Comments and Cases in Constitutional Law.
(1999-2000). 2 vols.
Taro, Fe Anonuevo. The 1987 Constitution of the Philippines (1989)
TEXTBOOKS/TREATIES
3. 1973 Constitution
Bernas, Joaquin. The (Revised) Philippine Constitution. (1983) 2 vols.
Fernando, Emma. Philippine Constitutional Law; Survey of the 1973
Philippine Constitution (1977)
Fernando, Enrique. The Constitution of the Philippines. 2d ed. (1977)
Martin, Ruperto. The New Constitution of the Philippines. (1973)
Mendoza, Honesto. The New Constitution. (1974)
Mendoza, Vicente. From McKinleys Instruction to the New Constitution.
(1978)
Montejo, Cirilo. The New Constitution. (1973)
Pe, Cecilio. Mga Paliwanag sa Bagong Saligang Batas. (1975)
Santiago, Miriam Defensor. The 1972 Constitution. (1973)
Tupaz, Antonio. The New Constitution. (1972)
TEXTBOOKS/TREATIES
4. 1935 Constitution
5. Comparative
To get the latest text of these regulations, one has to go to the specific
government agency and/or with the latest technology, they are available in
their websites.
A. Case/Court REPORTS
Court of Appeals. Report of Cases Decided by the Court of Appeals of the Philippines.
(1961-1980) 25 v.
Court of Appeals Reports Annotated: Selected Decisions of the Court of Appeals in
1986/compiled, Annotated and Edited by the Editorial Staff of the Central Lawbook
Publishing Co., v. 1- (1988- )
!e-library! A Century & 4 Years of Philippine Supreme Court Decisions 1901-April 2004.
Research & Development Department, Agoo Computer College, Agoo, Lau Union, Philippines
(CD ROM)
Lex Libris: Jurisprudence. CD Asia Technologies Inc. CD ROM)
Official Gazette. v.1- present (1901 present). (Selective Publication for each Court e.g.
Supreme Court, Court of Appeals)
Philippine Laws and Jurisprudence
Philippine Reports. vol. 1- present (1904 to present)
Philippine Reports Annotated Edited by Vicente J. Francisco. (1933) 29v.
Philippine Reports Annotated. Compiled, Annotated and Edited by the Editorial Staff of the
Central Central Lawbook Pub., v. 1+ Manila: Central Lawbook Publishing, 1987+
Sandiganbayan Reports. v.1- (1983- ).
Supreme Court Advanced Decisions (SCAD) (2003 to present) vol.- Present
Supreme Court Reports Annotated (SCRA). v.1- present (1967-2004)
Supreme Court Rulings: /compiled/ by Jose N. Nolledo. (1984). 9v.
Supreme Court Unpublished Decisions, March, 1946 to February, 1952, compiled by David
Nitafan. v.1- (1991).
III. CASE LAW
Ateneo de Manila University. Index to Cases Decided by the Supreme Court of the Republic
of the Philippines. (1961-1975) (1977).
Case Digest 1951: Abstracts of Cases Published by the Supreme Court of the Philippines:
Camilo D. Quaison, editor. (1952).
Case Digest January-June 1953: Camilo D. Quiason, editor. (1953).
Case Digest of Supreme Court Decisions by the Supreme Court. (July 1988 to present.)
Monthly
Castigador, Lerio Caballero. Citations; Excerpts of Supreme Court Decisions (1991- )
Castillo, Armando C. Subject Index to Published and Unpublished
Decisions of the Supreme Court of the Philippines. (1952).
Del Rosario, Leon S. Index Digest of Philippine Supreme Court Decisions.(1953).
Dominguez, Artistotle T. SCEX; 410 Excerpts-Issues From 304 Supreme Court
Decisions/Resolution Promulgated from 3 September 31 January 1997. (1997)
Gorospe, Rene B. And Echiverri, Lilia F. Index to SCRA Annotation (1994)
Index to Supreme Court Decisions by the Supreme Court v.
Magsino, Celso L. Compendium of Philippine Jurisprudence: Supreme Court Decisions from
1945 to 1980. (1984-1989) 9v. Supplement. 2v.
Martinez, Daniel T. Summary of Supreme Court Rulings. 1985-1997 Annual.
Moreno, Federico B. Official Gazette Desk Book. (1956) v.1-
Navarrete, Antonio F. 1957 Digest-Index - Manila: Printed by Benipayo Press, 1958.
Philippines Digest; Digest of the Reports of the Supreme Court of the Philippine Islands;
Covering All Decisions of the Supreme Court of the Philippine Islands and the
Philippine Decisions of the Supreme Court of the United States. (1927-1930).
50v.
B. CASE FINDERS (Digest and Index, etc.)
Republic of the Philippines Digest Covering all Decisions of the Supreme Court of the
Philippines from July 4,1946, through September 1958 including all Cases Not
Officially Published as Well as Cases Reported in the Official Reports and
the Official Gazette. (1960-70). 8v. with supplement
Santos-Ong, Milagros. Title Index to Supreme Court Decisions. 2v.
Santos-Ong, Milagros. Title Index to Supreme Court Decisions; 1978-1982 Supplement
Santos-Ong, Milagros. Title Index to Supreme Court Decisions, 1981-1985.
Sibal, J.A. Index SCRA Annotations (vols. 1-309) (2001)
Supreme Court Subject Index and Digest . (1976- ) Quarterly, with annual
cummulation. vol.1- .
Supreme Court Decisions: A Title Index, 1982-1985. Vyva Victoria M. Aguirre, editor.
(1987).
Supreme Court Reports Annotated (1984).
Supreme Court Reports Annotated Quick Index -- Digest. (1972- Present) v.1- present
Annual publication
Velayos Digest General Index by Jose Agaton Sibal. (1980) 2v.
Velayos Digest of Philippine Supreme Court and Court of Appeals Decisions, 1942-
1973; by Ramon M. Velayo. (1963-1970.)
IV. DICTIONARIES
A. PHILIPPINE
B. FOREIGN (some)
A. PHILIPPINES
Philippine Treaty Series (U.P. Law Center) 7 vols. DFA
Treaty Series v.1-
B. FOREIGN
PHILIPPINE
FOREIGN (Some)
1.b. Foreign
Findlaw.com
Lexis
Westlaw
1. Electronic Sources
2. CD-Roms
a. Institutional Publishers
b. Commercial Publishers
Anvil Publications
Central Books Supply (http://www.central.com.ph)
National Book Store
Rex Book Store Legal Materials ( http://rexinteractive.com)