LEGAL RESEARCH

LAW 172
Legal Research

Black’s Dictionary defined legal research as :

 
 1) The finding and assembling of authorities that bear on a question
of law.
 2) The field of study concerned with the effective marshaling of
authorities that bear on a question of law. (Black’s Law Dictionary,
Abridged 8th ed. 749 (2005))
Legal Research

 It is the process of finding the law, rules and regulations that govern
activities of human society. It is also defined as the investigation for
information necessary to support legal decision making.

 It is the method of that will aid in finding a solution to a legal

problem
Why is there a need to learn legal
research?
Legal research involves tasks such as:

 1. Finding primary sources of law, or primary authority, in a given

jurisdiction.
 2. Searching secondary authority, for background information about a legal
topics.
 3. Searching non-legal sources for investigative or supporting information.

These primary, secondary and non-legal resources will be applied to the legal
problem.
The processes of legal research vary according to the country and the
legal system involved. That is why we need to understand first the
political structure or government structure to be able to make a
comprehensive solution to the legal problem.
 LAW
 Law, in essence, is a normative and prescriptive science. It lays down norms and
standards for human behavior in a set of specified situation(s). It is a ‘rule of conduct or
action’ prescribed or formally recognized as binding or enforced by a ‘controlling
authority’. It operates in a formal fashion. It enforces these prescribed norms through
state’s coercive powers.

 All collective human life is directly or indirectly shaped by law. Law is, like knowledge,
an essential and all pervasive fact of the social condition. No area of life-whether it is the
family or the religious community, scientific research is the internal network of political
parties-can find a lasting social order that is not based on law ---. A minimum amount of
legal orientation is indispensable everywhere. Luhman, Sociological Theory of Law
(1972, English Translation, 1985) at 1, cited in, 50 MLR 686 (1987)
Classification of Laws

 Natural Law
 Positive Law
Natural Law - Divine inspiration in man, derives its force and
authority from God. Binding to the whole world.

 A. Physical Law - Universal rule of action that governs the conduct and
movement of things i.e law of gravitation, newton’s law of motion and etc.

 B. Moral Law - Establishes what is right and what is wrong as dictated by human
conscience.
 
 C. Divine Law - Divine positive law 10 commandments; divine human positive
law, enacted by man for their general welfare.
Positive Law

A. Public Law -Constitutional Law, the fundamental law of the land which defines
the powers of the government; Administrative Law, fixes organization and its
functions; International Law, regulates the community of nations.
 
B. Private Law - Substantive, creates duties, rights; and Procedural, means &
methods in courts.
Applicability of Laws
 The National Territory of the Philippines was defined in the 1935
Constitution and Article I of the 1987 Constitution provides that the
"national territory comprises the Philippine archipelago, with all the
islands and waters embraced therein and all other territories which
the Philippines has sovereignty or jurisdiction."
 Laws enacted by Congress, namely the Republic Act No. 3046 as amended by
Republic Act No.5446. Republic Act No. 9522, approved on March 10, 2000 are
consistent with Art.121 of the United Nations Convention of the Law of the Sea
(UNCLOS), in which the Philippines took an active part.

 Then the passage of Republic Act No. 9522. The said law was questioned at the
Supreme Court in the case Magallona, et. al vs. Ermita, et. al., G.R. No. 187167.
The decision upholding the constitutionality of the law was penned by Justice
Antonio T. Carpio on July 16, 2011. 
POLITICAL STRUCTURE
 The Constitution is the fundamental law of the land.

 The present political structure of the Philippines was defined by the 1987
Constitution, duly ratified in a plebiscite held on February 2, 1987 and
proclaimed ratified on February 11, 1987.
 There have been five Constitutions ratified by the Filipino people, namely: (1)
Malolos Constitution, (2) 1935 Constitution, (3) 1943 Japanese Constitution,
(4) 1973 Constitution, and (5) 1987 Constitution. The 1986 Freedom
Constitution was considered a Provisional Constitution issued as Proclamation
No. 3 by President Corazon C. Aquino after the People Power Revolution was
not ratified.

 The 1987 Constitution provides that the Philippines is a democratic and

republican state where sovereignty resides in the people and all government
authority emanates from them (Article II, section 1).
GOVERNMENT STRUCTURE

The government structure differs as one goes through the history of the
Philippines, which may be categorized as follows:

a) Pre-Spanish (before 1521) : The Barangays or independent

communities were the unit of government structures before Spain
colonized the Philippines. The head of each barangay was the Datu. The
Datus were called Cabeza de Barangay during the Spanish period. He
governs the barangays using native rules, which are customary and
unwritten. There were two codes during this period: the Maragtas Code
issued by Datu Sumakwel of Panay Island and the Code of Kalantiao
issued by Datu Kalantiano in 1433.
b). Spanish period (1521-1898) : The Spanish period can be traced from the
time Magellan discovered the Philippines when he landed on Mactan Island
(Cebu) on March 16, 1521. Royal decrees, Spanish laws, and/or special
issuances of special laws for the Philippines were extended to the Philippines
from Spain by the Spanish Crown through the councils. The chief legislator is
the governor-general who exercises legislative functions by promulgating
executive decrees, edicts or ordinances with the force of law.
The Royal Audencia, or Spanish Supreme Court, in the Philippines also
exercised legislative functions when laws are passed in the form of autos
accordado s.
c). American period (1898-1946) : The start of this period can be traced after
the Battle of Manila Bay when Spain ceded the Philippines to the United
States upon the signing of the Treaty of Paris on December 10, 1898. A
military government was organized with the military governor as the chief
executive exercising executive, legislative and judicial functions. Legislative
function was transferred to the Philippine Commission in 1901, which was
created by the United States President as commander-in-chief of the Armed
forces and later ratified by the Philippine Bill of 1902. This same bill
provided for the establishment of the First Philippine Assembly, which
convened on October 16, 1907.
The Jones law provided for the establishment of a bicameral legislative body
on October 16, 1916, composed of the Senate and the House of
Representatives.

The United States Constitution was recognized until the promulgation of the
Philippine Constitution on February 8, 1935, signed by U.S. President Franklin
Delano Roosevelt on March 23, 1935 and ratified at a plebiscite held on May
14, 1935.
d). Japanese period (1941-1944) : The invasion of the Japanese forces when Clark
Field, an American military airbase in Pampanga, was bombed on December 8, 1941,
marked the start of the Japanese period, which lasted for three years. A Japanese
Republic was established with Jose P. Laurel as its President. Jose Yulo was the Chief
Justice of the Supreme Court. Supreme Court decisions during this period were
recognized and are found in the Philippine Reports, the official publication for
Supreme Court decisions.

 This period was considered as a military rule by the Japanese Imperial Army. The
1943 Constitution was ratified by a special national convention of the Kapisanan
sa Paglilingkod ng Bagong Pilipinas (KALIBAPI). No law/statutes, including the
1943 Constitution were recognized after the war. This period lasted for three years
and ended in 1944 with the defeat of the Japanese forces.
e). Republic (1946-1972) : A Philippine Republic was born on July 4, 1946 with
the inauguration of Philippine independence. A republic means a government by
the people and that sovereignty resides in the entire people as a body politic. The
provisions of the 1935 Constitution defined the government structure, which
provided for the establishment of three co-equal branches of government.
Executive power rests in the President, legislative power in two Houses of
Congress and judicial power in the Supreme Court, and inferior courts.
Separation of powers is recognized.
 f). Martial Law Period (1972-1986) : The Philippine Congress was abolished
when Martial Law was declared on September 21, 1972. The Martial Law
period was governed by the 1973 Constitution, which established a
parliamentary form of government. Executive and legislative powers were
merged and the Chief Executive was the Prime Minister who was elected by
majority of all members of the National Assembly (Parliament). The Prime
Minister had the power to advise the President. The President is the
symbolic head of state. This parliamentary government was never
implemented due to the transitory provision of the 1973 Constitution.
g.) Republic Revival (1986-present) : The Republic period was revived after
the bloodless revolution popularly known as People Power or the EDSA
Revolution.
Fundamental Powers of the State :
 1. Police Power of the State – The power of the state to regulate liberty
and property for the promotion of general welfare of the people.

 2. Power of Eminent Domain – It enable the state to acquire private

property, upon payment of just compensation.

 3. Power of Taxation – Power of the state to demand from the members of

the society their proportionate share or contribution in the maintenance of
the government.
BRANCHES OF THE
GOVERNMENT
 Executive
 Legislative
 Judiciary

 Doctrine of Separation of Powers - Each branch of the government

exercises powers exclusive to it without undue influence from the
two other branches.
EXECUTIVE BRANCH
 The President is vested with the executive power (Art. VII, sec. 1, 1987
Constitution). The President is both the Chief of State (head of government)
and the Commander-in-Chief of all the Armed Forces of the Philippines (Art.
VII, sec. 18). Since 1898 when the First Philippine Republic was established,
the Philippines has had sixteen (16) Presidents from Emilio Aguinaldo to
President Rodrigo R. Duterte.

 The President exercises control over all the executive departments, bureaus and
offices (Art. VI, sec, 17).
LEGISLATIVE BRANCH
 Legislative power is vested in the Congress of the Philippines, consisting
of the Senate and the House of Representatives (Art. VI, sec. 1).
JUDICIAL BRANCH

 Judicial power rests with the Supreme Court and the lower courts, as may
be established by law (Art. VIII, sec. 1). The judiciary enjoys fiscal
autonomy. 
 
 The Rules of Court of the Philippines as amended, and the rules and
regulations issued by the Supreme Court define the rules and procedures of
the Judiciary.