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Statutes and Terms in Legislation

Audrey Dominic Barzaghini - Group 4,


Legal Research, AUSL
 The law is a system of conduct
prescribed and promulgated upon
society by the coercive power of a
legitimate authority.

Audrey Dominic Barzaghini - Group 4,


Legal Research, AUSL
 A legal researcher must be able to find the most
applicable law to a case. This leads to the
reconciliation and resolution of the facts and
issues in it. Aside from the Constitution,
Philippine Statutes may provide means to this
end.

Audrey Dominic Barzaghini - Group 4,


Legal Research, AUSL
 Statutes are enacted by:
 The Legislature (Republic Acts)
 The president of the Philippines (Presidential
Decrees and Executive Orders)
 The Executive branch (Implementing rules and
regulations/IRRs)
 The Supreme Courts (Rulings interpreting the
law)
 LGUs (ordinances)
Audrey Dominic Barzaghini - Group 4,
Legal Research, AUSL
Proponent Statute Tally

Philippine Assembly (1901-1935) “Act No.___” 4,275

The Commonwealth (1935-1946) “Commonwealth Act No.___” 733

Batasang Pambansa (1979-1985) “Batas (Bilang) ___” 844

Martial Law Presidency (1972-1986) “Presidential Decree No.___” 2, 034

Congress (1946-1972; 1986-Present) “Republic Act No.___” 10, 923

Presidency under Probationary


“Executive Order ___” --
Constitution

Sharia’a Laws (The Holy Qur’an and “Presidential Decree No. 1083 ”
--
the Muslim Code of Personal Laws) (Muslim Code of Personal Laws)
Audrey Dominic Barzaghini - Group 4,
Legal Research, AUSL
 Primary Statutory Authorities – Documented
acts of Congress and LGU Ordinances which a
legal researcher applies to a set of facts and
issues.

E.g. The Constitution, The Anti-Graft and Corrupt


Practices Act (Republic Act No. 3019 ) and Quezon
City Discipline Hours for Minors (QC Ordinance
No. SP 2301)

Audrey Dominic Barzaghini - Group 4,


Legal Research, AUSL
 Primary Statutory Authorities are considered
binding within their jurisdiction. Outside of
their jurisdiction, they become persuasive in
nature.

 Jurisdiction is the concept of a particular law,


possessing governance over a particular
geographic location, where the legal case
occurred.

Audrey Dominic Barzaghini - Group 4,


Legal Research, AUSL
 Secondary Statutory Authorities – those that do
not fall under the description of primary
authority; these are commentaries and
descriptions of primary authorities.

E.g. Legal reviewers, textbooks, comments on the


law, law digests etc.

Audrey Dominic Barzaghini - Group 4,


Legal Research, AUSL
 Official Source: Primary sources publish their
enactments, in accordance with Art. 2 of the
New Civil Code which reads as follows:

“Laws shall take effect after fifteen days following the


completion of their publication either in the Official
Gazette or in a newspaper of general circulation in
the Philippines, unless it is otherwise provided.”

Audrey Dominic Barzaghini - Group 4,


Legal Research, AUSL
 The House of Representatives publishes enactments
through its official government website as well:

Audrey Dominic Barzaghini - Group 4,


Legal Research, AUSL
 Other legitimate sources of primary authority may
publish their enactments in their official sites:
publications.

Audrey Dominic Barzaghini - Group 4,


Legal Research, AUSL
 Unofficial Sources: Commercially published
materials form unofficial sources of law. They
do not come directly from the government.
Such can include editorial notes, summaries,
citations and referrals to periodical articles.

E.g. Central Book Supply’s “Vital Legal


Documents”, “Commonwealth Acts Annotated by
Sulpicio Guevara

Audrey Dominic Barzaghini - Group 4,


Legal Research, AUSL
 Unannotated Law Resources are those which
present to the reader, the bare text of the law.
 Annotated Law Resources are those which
present to the reader, the bare text of the law
and helpful inputs such as references to other
legal sources related to the statute you are
reading, case annotations, legal forms etc.
 Note: Case annotations are the cases cited in your
resource that illustrate the application of the statute.

Audrey Dominic Barzaghini - Group 4,


Legal Research, AUSL
 Appellant – One who opts to appeal a case to a higher
court upon losing a lawsuit, in a lower court
 Appellee – Once the appellant has filed for an appeal,
the winning party in the lower court’s decision
becomes the “appellee”.
 Bill – A drafted proposal for law, which a member of
the legislature initiated. If approved, through the
legislative process, it becomes a law.
 Bill Number – The bill’s identifier; divided into its
origin (“SB” senate bill, “HB” house bill) and the
numerical equivalent, as assigned. E.g. HB 1080

Audrey Dominic Barzaghini - Group 4,


Legal Research, AUSL
 Code – An indexed and complied set of provisions that
pertain to one general area of law (e.g. revised Penal Code)
 Citation (or Cite) – Reference to the legal authority which
supports the validity of your argument
 Docket Number (Case Number) – A numerical equivalent
assigned to a case filed with a court, as a way for the same to
track its progress
 Enrolled Bill – A bill that has passed the scrutiny of both
houses of congress is sent to the President for approval
 Engrossed Bill – A bill that has been approved by one house
of congress; it will then be endorsed to the other house for
evaluation.

Audrey Dominic Barzaghini - Group 4,


Legal Research, AUSL
 Law Review – A scholarly publication that focuses on legal
matters/issues
 Legislative History – The collection of meeting and debate
documentation in congress, pertaining to a statute; Such can
help to provide the intent of the legislators in crafting the
prior bill for it.
 Opinion – A court’s written explanation on how a particular
case was decided; This comes directly from the judges and
justices involved in a case. If a court is collegial, there will be
varying opinions. A researcher will be able to see a majority,
minority, concurring, separate concurring and dissenting
opinion. These are produced by the body to express and
consider all perspectives which they feel made a dent to a
unified decision. Audrey Dominic Barzaghini - Group 4,
Legal Research, AUSL
 Plaintiff (Petitioner) – One who initiates a lawsuit
 Session Laws – Laws which are passed by a legislative
body during their active sessions; Laws are published
by the Legislature based on the congress session
(period) in which they were enacted.
 Statutory Schemes – Grouping of laws/statutes which
connect to a particular subject
 Treaty – An agreement between nations

Audrey Dominic Barzaghini - Group 4,


Legal Research, AUSL
Book:
 Ng, Peter P. (2007). Legal Research and Bibliography. (1st Edition).
Manila: Central Lawbooks Inc.

Websites:
 https://www.lawphil.net/statutes/statutes.html
 http://www.congress.gov.ph/legis/
 http://www.muslimmindanao.ph/pd_1083.pdf
 https://en.wikipedia.org/wiki/Primary_authority
 https://en.wikipedia.org/wiki/Secondary_authority
 https://libguides.law.wustl.edu/c.php?g=110792&p=718128
 http://law.indiana.libguides.com/c.php?g=19822&p=112472
 https://lawlibrary.org/download/77.pdf

Audrey Dominic Barzaghini - Group 4,


Legal Research, AUSL

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