LEGAL RESEARCH

ATTY. PRISCILLA ELIZEL M. PASCUA-TAN, R.N.

-UNIVERSITY OF BATANGAS-
REFERENCE:

 MILAGROS SANTOS-ONG (2019)

LEGAL RESEARCH AND CITATIONS IN THE PHILIPPINES

 PHILIPPINE CONSTITUTION

 OTHER RELATED REFERENCE

 CHAPTER 1-INTRODUCTION

LEGAL RESEARCH
-the finding and assembling of authorities that bear on a question of law
-the field of study concerned with the effective marshaling of authorities that bear on a question of
law
-the process of finding the law to a problem
-vary according to country and the legal system

LEGAL ANALYSIS
-the process of determining how the law applies to a problem
 CHAPTER 1-INTRODUCTION

The Philippines has numerous statutes promulgated and decided jurisprudence , annotations, commentaries
and treatises written. All of these are rapidly growing. However, the availability of all these legal materials is
a problem in the Philippine scenario due to

1. Lack of complete compilation of statutes and jurisprudence

2. Lack of printed law finders
3. Slow printed publication

To remedy these problems and to ensure the availability of these materials, electronic sources are the answer.
To better understand legal research of Philippine legal materials, one has to know the basic information about
the Philippines , its political and government structure and its legal system.
 CHAPTER 1-INTRODUCTION

 BASIC INFORMATION ABOUT THE PHILIPPINES, ITS POLITICAL AND GOVERNMENT AND LEGAL
SYSTEM

The Philippines is an archipelago of 7,107 islands with

a land area of 299,740 sq. kilometers. 
It is surrounded by the Pacific Ocean on the East,
South China Sea on the North and the West and
the Celebes Sea on the South.
This comprises the National Territory of the Philippines. 
 CHAPTER 1-INTRODUCTION

ARTICLE I OF THE 1987 PHILIPPINE CONSTITUTION

NATIONAL TERRITORY

The national territory comprises the Philippine archipelago, with all the islands and waters
embraced therein, and all other territories over which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial
sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters
around, between, and connecting the islands of the archipelago, regardless of their breadth
and dimensions, form part of the internal waters of the Philippines.
 CHAPTER 1-INTRODUCTION

 Laws enacted by Congress defined the baselines of the territorial sea of the Philippine
archipelago. As early as 1935, the baselines have been defined in the 1935 Constitution. This was
followed by RA 3046, as amended by RA 5446. Section 2 of RA 9522,approved on March
10,2000 amended both laws and defined the archipelagic baselines as “Regime of Islands”. This
definition is consistent with Article 121 of the United Nations Convention on the Law of the Sea
(UNCLOS), where the Philippines took an active part. Rodolfo Severino , in his article
“Clarifying the New Philippines Baseline Law”, stated that the purpose of the law is mainly to
amend the existing baselines act and to define the archipelagic baselines of the Philippines. It
does not extend the baseline to Spratly’s or to Scarborough Shoal, both of which China and
Vietnam claim as their territory while the Philippines claims a part of what are called “Spratlys
and all Scarborough Shoal”.
 CHAPTER 1-INTRODUCTION

The constitutionality of the law was questioned at the Supreme Court in the
case of Magallona v. Ermita, GR No. 187167,
August 16, 2011.

You can read the full text of the case in the link below.
https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/29267
 CHAPTER 1-INTRODUCTION

Justice Antonio Carpio penned the decision of the case of Magallona vs. Ermita. He upheld
the constitutionality of Republic Act 9522.
 RA 9522 https://www.officialgazette.gov.ph/2009/03/10/republic-act-no-9522/
 CHAPTER 1-INTRODUCTION

The petitioners of the Magallona vs. Ermita case were professors of law, law students and a
legislator. The petitioners filed the case in their capacities as citizens of the Philippines ,
taxpayers and legislators. The issues they raised are the following:
1. RA 9522 reduces the Philippine Maritime territory and logically , the reach of the
Philippine state’s sovereign power in violation of Article I of the 1987 Constitution and
2. RA 9522 opens the country’s waters landward of baselines to maritime passage by
all vessels and aircrafts, undermining Philippine sovereignty and national security ,
contravening the country’s nuclear-free policy and damaging marine resources in violation
of relevant constitutional provisions.
 CHAPTER 1-INTRODUCTION
 SALIENT POINTS OF THE RULING OF THE COURT IN THE CASE OF MAGALLONA VS. ERMITA
RA 9522 is Not Unconstitutional
RA 9522 is a Statutory Tool
to Demarcate the Country's
Maritime Zones and Continental
Shelf Under UNCLOS III, not to
Delineate Philippine Territory
RA 9522's Use of the Framework
of Regime of Islands to Determine
the
Maritime Zones of the KIG and
the
Scarborough Shoal, not
Inconsistent
with the Philippines' Claim of
Sovereignty
Over these Areas
Statutory Claim Over Sabah under
RA 5446 Retained
UNCLOS III and RA 9522 not
Incompatible with the
Constitution's
Delineation of Internal Waters
 CHAPTER 1-INTRODUCTION

 Justice Antonio T. Carpio in his speech before the Philippine Women Judges
Association entitled “Protecting the Nation’s Marine Wealth in the West
Philippine Sea” on March 2014 provided an illustration of the baselines
defined by RA 5446 and 9522.
 The stated speech can be read in this link
(http://www.imoa.ph/speech-protecting-nations-marine-wealth-west-
Philippine-sea/)
CHAPTER 1-INTRODUCTION
 CHAPTER 1-INTRODUCTION

 Theconflicting claims in the South China sea are governed by the United
Nations Convention on the Law of the Sea (UNCLOS)
 http://www.un.org/depts./los/conventionagreements/texts/unclos/unclos-e.pdf) and
the 1994 Agreement relating to the implementation of Part XI of the Convention (
http://www.un.org.depts./los/conventionagreements/texts/unlcos/closindx.htm). The
Philippines and China, who are claimants to the South China Sea, are among the 165
countries that ratified the UNCLOS.
 CHAPTER 1-INTRODUCTION

 China’s claim is based on the 9-dashed line which covers a total area almost 90% of the
South China Sea. In a speech delivered by Senior Associate Justice Antonio T. Carpio
entitled, “The Rules of Law in the West Philippine Sea Dispute,” he stated that China’s
9-dash claim encroaches on 80% of the Philippines’ 200-nm exclusive economic zone
(EEZ) and 100% of its 150-nm extended continental shelf (ECS) facing the South China
sea – what the Philippines call the West Philippine Sea. China’s 9-dash line claim has
similar effects on the EEZs and ECSs of Vietnam, Malaysia, Brunei and Indonesia facing
the South China Sea.”
 CHAPTER 1-INTRODUCTION

Justice Antonio T. Carpio’s speech before the Philippine

Women Judges Association, entitled
“Protecting the Nation’s Marine Wealth in the
West Philippine Sea,” March 6, 2014 includes the
illustration on the 9-Dashed Lines.
 CHAPTER 1-INTRODUCTION

 Senior Justice Antonio Carpio stated that “maritime dispute in the West Philippine Sea could be more
easily resolved if all the claimant States agreed on two things: first, on the applicable law to govern the
maritime dispute, and second, on the historical facts on the West Philippine Sea.”
 The Philippines, however, has its own version on historical claims based on historical maps available at
the United States Library of Congress and the National Library of Australia. The Philippine historical
claim can be seen in a cartographic exhibit entitled “Historical Truths and Lies, Scarborough Schoal
in Ancient Maps,” which was based on the June 2014 speech of Senior Associate Justice Antonio T.
Carpio. The first map in this cartographic exhibit was published in 1734 by Jesuit Pedro Murillo. It is
considered the "mother of all Philippine maps."
 CHAPTER 1-INTRODUCTION

The territorial dispute has both political and economic implications for the Philippines,
China and also Vietnam, Malaysia , Brunei and Indonesia. There was even a headline
stating “Is the South China Sea on the Brink of War?”. As a measure to resolve the
controversy, the Philippines has uses the legal remedy in as much as China and the
Philippines are parties to the United Nations Convention on the Law of the Sea (UNCLOS).
 CHAPTER 1-INTRODUCTION

 The Philippines files a formal claim before an arbitration tribunal constituted under
Annex VII of the 1982 United Nations Convention on the Law of the Sea entitled “In the
matter of an Arbitration between the Republic of the Philippines and The People’s
Republic of China”, August 24, 2013
 The full text of the 479 pages of the final award on the west Philippine Sea (South
China Se) arbitration case –The Republic of the Philippines v. The People’s Republic of
China Permanent Court Arbitration.
 The Hague , July 12, 2016 is available at https://
pca-cpa.org/wp-content/uploads/sites/175/2016/07/PH-CN-20160712-Award.pdf
 CHAPTER 1-INTRODUCTION

 Heydarian, Richard Javad, in his article “West Philippine Sea: Why China can’t just
ignore Hague ruling”
http://www.rappler.com/thought-leaders/141685-west-Philippine-sea-vs-china-cannot-ig
nore-hague-ruling
stated that “ If China continues to refuse compliance, Philippines and other claimant
states can ask International Seabed Authority to revoke China’s license to extract seabed
resources in international waters.”
 This article quoted Graham Allison who wrote that “None of the 5 permanent members
of the UN Security Council have ever accepted any international court’s ruling when it
infringed their sovereignty or national security interests”. Thus, when China rejects the
Court’s decision in this case, it will be doing just what the other great powers have
repeatedly done for decades.
 CHAPTER 1-INTRODUCTION

 There are similar views to these two articles on China’s noncompliance or

refusal to recognize the decision of the permanent court of arbitration . The
Philippines awaits and respects the way President Duterte will resolve the
matter. Opening diplomatic ties with China may be its initial step. A positive
output of this move is an important concession by China, which has laid
claim to most of the strategic waterway and interfered with fishing and
drilling by the Philippines and other coutries who have competing claims to
the sea’s reefs and rocks. (Carol Giacomo, China’s Gift to President
Duterte”
 CHAPTER 1-INTRODUCTION

 Although China has not accepted the decision of the international tribunal , the Filipino
people gained the rights to the West Philippine Sea from this decision. To appreciate and
learn more on the topic, you may click this link http://www.imoa.ph/category/lectures/
 Another claim that remains unresolved is the historic claim of the Philippines to Sabah.
The Sultanate of Sulu claims the ownership over Sabah. There have been clashes
between the military forces of the Sultanate of Sulu and Malaysia. The United Nations
was urged to intervene and initiate negotiations between two parties.
 CHAPTER 1-INTRODUCTION

 The Filipino culture was molded over more than a hundred ethnic groups consisting of 91%
Christian Malay, 4% Muslim Malay, 1.5% Chinese and 3% others. As of 
August 2015 national census, the population of the Philippines has increased to 100, 981,
437 million.
 The current population of the Philippines is 109,830,324 as of Thursday, September 3,
2020, based on Worldometer elaboration of the latest United Nations data.
 The Philippines 2020 population is estimated at 109,581,078 people at mid year
according to UN data.
 CHAPTER 1-INTRODUCTION

 Filipino (Tagalog) is the national language (1987 Constitution, Art. XIV, sec. 6) of the Philippines. However, Filipino
and English are the official languages for the purpose of communication and instruction (Art. XIV, sec 7). Optional
use of the national language, Filipino (Tagalog) is allowed. Supreme Court Administrative Circular No. 16-2010
allowed the optional use and on a per case basis, the use of Filipino (Tagalog) in court proceedings in view to the
difficulties encountered in the use of Filipino as manifested by the Presiding Judges and the court stenographers of
some courts. This circular provides that “in appropriate cases as may be determined by the Presiding Judge and
without objection of the parties, the above-mentioned courts may use Filipino in the hearing and resolution of motions,
or in the conduct of mediation, pre-trial conference, trial, and in any other court proceedings. Existing translations of
laws and rules may be used freely, and technical terms in English or Latin need not be translated literally into
Filipino.” Republic Act No. 10157, known as the Kindergarten Education Act, utilizes the “mother tongue-based
multilingual education (MTB-MLE) method as the” primary medium of instruction for teaching and learning in the
kindergarten level (sec.5). Section 5, likewise, specifically provides that the Department of Education must include in
its teaching strategies the “child’s understanding of English, which is the official language.”
 CHAPTER 1-INTRODUCTION

 There are several dialects or regional languages (spoken and written) throughout the
different islands of the country, but there are eight major dialects, which
include Bicolano, Cebuano, Hiligaynon or Ilongo, Ilocano, Pampango, Pangasinense,
Tagalog, and Waray.
 There are two major religions of the country: Christianity and Islam. Christianity,
particularly Catholicism, is practiced by more than 80% of the population. It was
introduced by Spain in 1521. The Protestant religion was introduced by American
missionaries.
 CHAPTER 1-INTRODUCTION

 Aglipay, or the Philippine Independent Church, and the Iglesia ni Kristo are

two Filipino independent churches or religious organizations. Other
Christian religious organizations like the El Shaddai, Ang Dating Daan, and
‘Jesus is Lord' have been established. Members of the Iglesia ni Kristo and
the El Shaddai are increasing and their membership has exented worldwide.
These independent churches and religious organizations are having a great
influence to the nation, especially during elections.
 CHAPTER 1-INTRODUCTION

 The Constitution of the Philippines specifically provides that the separation of Church and State is inviolable.
(Constitution (1987), Art. II, sec.6). However, religion has a great influence in the legal system of the Philippines. For
the Muslim or Islamic religion, a special law, the Code of Muslim Personal Laws (Presidential Decree no. 1083), was
promulgated and special courts were established – the Shari’a courts – with a separate bar examination for the Muslim
or Islamic community being conducted. The Catholic Church has affected the present political system. A priest had to
take leave when he was elected governor of a province in Region 3. A movement was even started to be able to choose
the President of the Philippines and other government officials in the May 2009 national election. The Church stance
on major issues have affected the passage of bills pending in Congress and such as the Reproductive Health Bill
(Senate Bill No. 2865 and House Bill No. 4244) which was approved by both House of Congress on December 19,
2012. After the passage of the law, religious organizations and individuals questioned the constitutionality of the law
in the consolidated case of “Imbong v. Ochoa, Jr.,” G.R. No. 204819, April 08, 2014.
 CHAPTER 1-INTRODUCTION

 Cases are filed in the Supreme Court that affects religion or the Church. The Diocese of Bacolod
represented by the Most Rev. Bishop Vicente M. Navarra v. COMELEC, GR NO. 205728, July 5, 2016 is
a question on whether the tarpaulin used by the respondents falls under the definition of election
propaganda under Section 1.4 of the COMELEC Resolution No. 9615 for the following reasons.
1. It contains the names of the candidates and party list groups who voted for or against the RH Law.
2. The check mark on team Buhay and the cross mark on Team Patay clearly suggests that those belonging to
Team Buhay should be voted while under Team Patay should be rejected during the May 13, 2013
elections.
3. Petitioners posted the tarpaulin on the cathedral’s façade to draw attention.
 CHAPTER 1-INTRODUCTION

 There are other bills still pending in Congress such as divorce, and
restoration of the death penalty. The Philippines is considered as the only
country that does not allow divorce. However, annulment of marriage is
recognized and cases filed and decided are increasing. The move to restore
the death penalty was started by the House of Representatives. Another is
the extrajudicial killings. The move is joined by human rights activists in the
Philippines and abroad.
 CHAPTER 1-INTRODUCTION

 FURTHER READINGS for additional information and better

understanding:
Read the full case of
1. Magallona v. Ermita, GR No. 187167, August 16, 2011.
2. The Diocese of Bacolod vs. COMELEC , GR No. 205728, July 5, 2016
Watch Justice Antonio Carpio “Defending Philippine Sovereign Rights in the West
Philippine Sea” https://www.youtube.com/watch?v=2GWcgKNMxjo
 Ifyou have any queries or clarifications just send it to the Class
Beadle or send a direct message to me via LMS.
 Always be updated for the latest lecture , assignment , quiz or
any activity.
 Thank you and Keep safe always! =)
CHAPTER 1-INTRODUCTION

The End