CHAPTER 1

Constitution: a written instrument enacted by

the direct action of the people by which the
fundamental powers of the government are
established, limited and defined and by which
those powers are distributed among the several
departments of government for their useful and
safe exercise for the benefit of the body politic
*It is the basic and paramount law to which all
laws, rules and regulations must conform and to
which all person must defer.
The Philippine constitution:
-establishes and defines the powers of
the three branches
-establishes the broad powers of the
federal and state government and
defines their relation
-defines the rights of the citizens
There are four Philippine Constitution:
- Malolos, 1935, 1973 and 1987; wherein
the 1943 was declared null and void
while 1986 was just provisional
*nothing can override the constitution because it
is the ultimate expression of the will of the
people, from who all sovereignty emanates so in
case of conflict, the constitution must prevail
Hierarchy of laws:
Constitution supreme law of the land
Statutes created by congress which is derived
from the constitution
Implementing Rules and Regulations
written by the agencies of the Executive branch
to put statute in force
*Doctrine of Hierarchy of laws: the IRR
cannot supersede or negate a law passed by the
congress, in the same way where the statutes
cannot be contrary to the provisions of the
constitution legal basis: ART. 7 OF THE NEW
CIVIL CODE: laws are repealed only by
subsequent ones and their violation or non-
observance shall not be executed by disuse or
custom or practice to the contrary. When the
courts declare a law to be inconsistent with the
constitution, the former shall be void and the
latter shall govern.
*administrative or executive acts, order and
regulations shall be valid only when they are not
contrary to the laws or the constitution
*statutes will be unconstitutional if it is in
conflict with the constitution
JUDICIAL POWER: once the bills pass the
congress and are signed into law, the last
recourse is to seek judicial review once the
condition is ripe for judicial determination;
settle actual controversies involving rights;
determine whether there is grave abuse of
discretion amounting to lack or excess
jurisdiction
EFFECTS OF DECLARATION OF
UNCONSTITUTIONALITY:
Orthodox view: an unconstitutional law is not a
law; it has no effect like there was no law passed
Modern view: the court simply refuses to
recognize and determine the rights of the parties
ELEMENTS OF A STATE:
-people
-government
-territory
-sovereignty
*Republic of the Philippines is a democratic and
republican state because sovereignty resides in
the people
-democracy: essence of it is individual
sovereignty
-republican: representative government
who runs to serve the people
*NATIONAL SOVEREIGNTY: individual
sovereignty collectively
*PHILIPPINE NATIONAL TERRITORY: it
comprises the Philippine archipelago with all the
islands and waters embraced therein and all
other territories over which the Philippines has
sovereignty or jurisdiction; the laws only apply
within the territory
POLITICAL LAW IN THE PHILIPPINE
NATIONAL TERRITORY: applicable to the
Philippine national territory as well as the
embassies of the Philippines as its extension
CRIMINAL LAW IN THE PHILIPPIN
NATIONAL TERRITORY: penal or criminal
laws are applicable extending up to its
boundaries:
ART. 2: except as provided in the
treaties and laws of preferential
application, the provisions of this code
shall be enforced not only within the
Philippine archipelago but also outside
its jurisdiction against those who
-should commit an offense while on a
Philippine ship or airship
-should forge or counterfeit any coin or
currency note of the Philippine island or
obligations and contracts
..
APPLICATION OF CIVIL LAW:
-Family laws under Art. 15 of the new
civil code
-LEX REI SITAE: legal doctrine of
property law and of international private
law; latin for where the property is
situated where it governs over the
transfer of title to property; under ART.
16 real property, as well as personal
property is subject to the law of the
country where it is situated
-LEX LOCI CELEBRATIONIS: law
of the place where the solemnity is
celebrated; the forms and solemnities
of contracts, wills and other public
instruments shall be governed by laws of
the country in which they are executed
FUNDAMENTAL POWERS OF THE
STATE:
-Police powers- regulate liberty and
property for the promotion of general
welfare
-Eminent domain- acquiring private
property in exchange of just
compensation
-Taxation demanding proportionate
share for the maintenance of the
government
DOCTRINE OF SEPARATION OF
POWERS: prevent a concentration of authority
in just one group of persons that might lead to
an irreversible error or abuse in its exercise.
Each branch exercises powers exclusive to it
without due influence from the other two
branches; the functions of each department
should be kept apart to prevent centralization of
too much power.
LEGISLATIVE DEPARTMENT POWER
OF THE PURSE
-power to make laws, as well as repeal, amend or
alter laws
-other powers: power of appropriation, taxation
and expropriation, power to canvass the
presidential election, to declare existence of war,
to impeach
EXECUTIVE DEPARTMENT POWER OF
THE SWORD (implements the laws)
-president is the chief executive where they have
the power to appoint, remove, control, military,
diplomatic, informing
JUDICIARY DEPARTMENT- BASTION OF
RIGHTS AND LIBERTIES OF THE PEOPLE
(interprets and applies the law)
-JURISPRUDENCE: Supreme Courts
decision is the source of the case law; it refers to
the philosophy of law or science which treats of
the principles of positive law and legal relations.
It also refers to the aggregate of decisions issued
by the Supreme Court which now form part of
the legal doctrines of the land
HISTORY OF THE PHILIPPINES:
PRE-SPANISH:
First people are the negritos who have come
their way through land bridges
Malay through land bridges as well then in boats
called barangays and were ruled by datus
(dominant til the Spanish came)
Chinese merchants
Arabs who introduced islam
SPANISH:
Ferdinand Magellan claimed the Philippines in
1521
Era of conversion to Roman Catholicism and a
Spanish colonial social system was developed
There were numerous uprisings
Aguinaldo led the battle against the Spanish and
declared independence on June 12, 1898
AMERICAN PERIOD
George Dewey defeat the Spanish fleet in Manila
Bay
Treaty of Paris: Spain ceded the islands to the
US
President Aguinaldo led a war of resistance
against the Americans Philippine-American
War
First legislative assembly was elected and a
bicameral legislature, under Philippine Control,
was established
Catholic Church was disestablished
Tydings-McDuffie Act: Philippines became a
self-governing commonwealth where Manuel
Quezon was elected as president
Corregidor fell and surrendered to the Japanese
for their control
General Douglas MacArthur came and regained
the Philippines from the Japanese til they
surrendered
July 4, 1946 independence according to the
Tydings-McDuffie Act but was changed to June
12 to commemorate the independence
Aguinaldo declared from Spain
POST INDEPENDENCE
Huk Rebellion complicated the recovery of the
Philippines after the war with the Japanese but
surpressed when Ramon Magsaysay became
president and led it
Carlos P. Garcia and Diosdado Macapagal
sought to expand Philippine ties with Asian
neighbours
President Marcos declared martial law in 1972
Martial law ended on Jan. 17, 1981
The assassination of Benigno Aquino led to a
snap presidential election which led to his forced
flee from the Philippines for a peaceful civilian-
military uprising that ousted him and put
Corazon Aquino as the next president (Feb. 25,
1986)
Corazon Aquino: weak and fractious; there were
several coup attempts that made it hard for
stability and economic development
Fidel Ramos: National Reconciliation became
his highest priority; legalized the communist
party; created National Unification Commission;
Peace agreement with MNLF
Joseph Ejercito Estrada: promised to alleviate
poverty but was impeached and put Gloria
Macapagal Arroyo as the next president and won
another term against Fernando Poe Jr.
EXECUTIVE BRANCH OF THE
GOVERNMENT
-headed by the president who is the head of state
and the government, who is also the
commander-in-chief of the Armed Forces of the
Philippines
President: term of 6 years, may no longer run for
re-election unless he/she becomes president
through constitutional succession and has
served for no more than 4 years as president
Vice-President: will succeed the president if he
resigns, be impeached or die in the office;
member of the Presidents cabinet, if there is a
vacancy for the position of VP, the president will
appoint any member of the Congress through
the validity of vote of the congress separately
CHAPTER 2
EVOLUTION OF THE PHILIPPINE
LEGISLATIVE SYSTEM
Under the Spanish rule, the legislative powers
were shared by three entities:
-Governor General: promulgate
executive decrees; chief legislator;
president
-Royal Audencia: passed laws in the
form of Autos Accordados; Spanish
supreme court
-Crown of Spain
No Filipino representatives in the legislative
bodies
LEGISLATIVE PERIODS
MALOLOS CONGRESS (aka Assembly
of Representatives)
Began with a unicameral Malolos congress
Drew the first constitution for the first
Philippine republic first republican
constitution
Document states: people have exclusive
sovereignty. States basic civil rights, separated
the church from the state and called for the
creation of an Assembly of Representatives; also
calls for a Presidential form of government with
a term of 4 years
Malolos Constitution: first important document
enacted by the Malolos Congress with 101
articles and 7 titles; created a Filipino state with
three branches of the government E,L,J;
provides safeguards against abuses and
enumerated the national and individual rights
Pedro Paterno was the president of the Assembly
of Representatives
PHILIPPINE COMMISSION: colonial
legislative system composed of all
American appointees
SCHURMAN COMMISSION
(aka First Philippine
Commission)
Established by the US pres. William Mckinley
A five-person group headed by Dr. Jacob
Schurman to investigate the conditions in the
islands and make recommendations. In their
report, they acknowledged the filipinos
aspiration for independence but they think the
Philippines is still not ready for it which made a
recommendation to establish a civilian
government, establish a bicameral legislature,
autonomous government and free public
elementary schools
TAFT COMMISSION (aka
second Philippine commission)
Once again, established by the US president,
William Mckinley
Headed by William Howard Taft
Issued 499 laws, established a judicial system
including the SC; civil service was organized
Municipal boards were responsible for the
collection of taxes, maintaining municipal
properties and undertaking necessary
construction projects
Philippine constabulary- an archipelago-wide
police force to control brigandage and deal with
the remnants of the insurgent movemen
Philippine Organic Act- with the achievement of
peace, a legislature would be established
composed of a lower house (Philippine
Assembly) and an upper house (Philippine
Commission)
PHILIPPINE ASSEMBLY
Composed of predominantly Filipinos
Two dominant political groups Partido
Nacionalista and Partido Nacional Progresista
who vied for the position in the assembly which
the Nacionalista Party got 80 seats in the
assembly. However, there was a conflict in the
legislative body since in the Assembly, there
were Filipinos and in the Commission, there
were Americans
Jones Law: ended the conflict wherein the
legislative powers were vested in a bicameral
legislature composed exclusively of Filipinos
Eventually, they abolished the Philippine
Commission and inaugurated the Philippine
Legislature consisting of the Senate and the
House of Representatives
PHILIPPINE LEGISLATURE
There were 10 of them and the laws enacted by
them are called Acts
It was a unicameral then later became bicameral
NATIONAL ASSEMBLY
First National Assembly and
Second National Assembly the
laws enacted by them are called
Commonwealth Acts
COMMONWEALTH CONGRESS
o Two commonwealth congress
first congress was aka Third
National Assembly and the
second was known as the First
Congress of the Philippines
o The laws enacted by them are
called Commonwealth Acts
CONRESS OF THE PHILIPPINES
o On July 4, 1946, the US
government granted Philippine
independence and the congress
of the Philippines was
established where it functioned
as the national legislature until
Pres. Marcos placed the country
in martial law
o Laws enacted in this period are
called Republic Acts
MARTIAL LAW PERIOD
o Marcos exercised full legislative
and executive powers wherein
the Presidential decrees enacted
had the effect of a statute; he
formed the Batansang Bayan
BATASANG PAMBANSA
o Replaced the Batasang Bayan
who served as the advisory body
to the President who had the
legislative power
o Interim Batasang Pambansa or
the First Batasan was the
legislature of the Republic of the
Philippines then where the laws
passed by it are called Batas
Pambansa 702 laws
o Regular Batasang Pambansa or
the second Batasan was the
meeting of the parliament of the
Philippines 181 lawa
*when martial law was declared, the
Constitutional Convention, was in the process of
drafting a new Constitution which Marcos
proclaimed despite the protests and controversy.
With the proclamation of a new Constitution,
the presidential form of government was
changed to a modified parliamentary form.
Congress was abolished and was replaced by an
elected unicameral national assembly known as
the Batasang Pambansa with a maximum of 200
members who had a term of 6 years and were
elected from different provinces.
PROVISIONAL REPUBLIC
o Batasang Pambansa was
dissolved when Corazon Aquino
became president who exercised
legislative power.
o Executive orders and
presidential proclamations were
issued and had the effect of
statutes
INTERREGNUM
PERIOD
CONGRESS OF THE PHILIPPINES
o The 1987 constitution restored
the presidential system of the
government together with the
bicameral congress
o Consists of the Senate (24
senators; half of them are
elected every 3 years) and the
House of Representatives
(maximum of 250 congressional
representatives where there are
two types: district and sectoral)
(DISTRICT: represent a
particular geographical district
of the country while SECTORAL
represent the minority sectors of
the population or party list
representatives who represent
labor unions, rights groups and
other orgs.)
o Laws enacted were Republic
Acts

STATUTES ENACTED BY THE LEGISLATIVE
BODIES: (summary)
Acts: statutes enacted by the Philippine
Commission and the Philippine
Legislature
o Act # 3815 Revised Penal
Code
Commonwealth Acts: statutes enacted
by the National Assemblies and the
Commonwealth Congresses
o CA # 1- National Defense Act
Republic Acts: statutes enacted by the
congresses of the Philippines
o RA # 386 Civil Code of the
Philippines
Batas Pambansa: statutes enacted by the
Interim and Regular Batansang
Pambansa
o BP blg. 22 Anti-Bouncing
check law
Presidential Decrees: enacted by Marcos
and Corazon
o PD 442 Labor code of the
Philippines
Executive Orders: issued by Corazon
Aquino
LAWS ARE REPEALED ONLY BY
SUBSEQUENT ONES
Civil or commercial laws enacted by the
legislative bodies remained to be effected until
repealed by subsequent ones
POLITICAL LAWS ARE ABROGATED BY
CHANGE OF SOVEREIGNTY
Political law: branch of public law which deals
with the organization and operation of the
governmental organs of the state and defines the
relations of the state with the inhabitants of its
territory
HOW A BILL BECOMES A LAW
1) Preparation of the bill- bill drafting
division of the reference and research
bureau prepares and drafts the bill upon
the members request; it must have one
subject matter expressed in the title
2) First reading- filed with the bills and
index service; Secretary General read
the title and the number of the bill
3) Committee consideration/action-
evaluates it to determine the necessity of
conducting public hearings; if there is a
need for a public hearing, it schedules
the time, issues public notices and
invites resource persons from public and
private sectors; if no public hearing is
necessary, it schedules the bill for a
committee discussion
4) Second reading- debate and amendment
*a bill must undergo three readings on
three separate days unless the president
certifies a bill as urgent
5) Third reading- nominal voting; no more
amendment
6) Transmittal of the approved bill to the
senate
7) Senate action on approved bill of the
house
8) Conference committee settle, reconcile
or thresh out differences or
disagreement on any provision of the
bill
9) Transmittal of the bill to the president
10) Presidential action on the bill
11) Action on approved bill
12) Action on vetoed bill
Chapter 3
BRIEF HISTORY OF THE SUPREME
COURT
Preceded by the Royal Audencia that had two
branches civil and criminal
Although a Filipino was always appointed chief
justice, the majority of the members of the
Supreme Court were Americans. Complete
Filipinization was achieved only with the
establishment of the commonwealth in 1935
The membership in the Supreme Court
increased to 11 a chief justice and ten associate
justices in 1935
Under the 1973 constitution, the membership of
the Supreme Court was increased to 15
Under the 1987 Constitution, the constitution
vests the judicial power in one Supreme Court
and in such lower courts as may be established
by law

OVERVIEW OF THE PHILIPPINE
JUDICIAL SYSTEM
The Filipino national court system consists of
four levels: Local and regional trial courts; Court
of Appeals; Supreme Court; an informal local
system for arbitrating or mediating certain
disputes outside the formal court system
Sandiganbayan: Government anticorruption
court system; hears criminal cases brought
against senior officials.
A Sharia: Islamic law court system, with
jurisdiction over domestic and contractual
relations among Muslim Citizen, operates in
some Mindanao provinces.
Supreme Court is comprised of a Chief Justice
and 14 Associate Justices; their members are
selected by the president from a list of nominees
submitted by Philippine Judicial and Bar
Council; only natural-born citizen of the
Philippines may hold a position on the Supreme
Court or any lower court, they may hold office
until the age of 70
COURT: an organ of the government whose
function is the application of laws to
controversies brought before it and the public
administration of justice
JUDICIARY FROM THE SUPREME COURT:
Supreme court is a part of the Judiciary wherein
they are composed of different courts in
different levels
SUPREME COURT FROM THE DEPARTMENT
OF JUSTICE
Supreme Court heads the judicial branch of the
government; it has supervisory power over all
trial courts, the CA, Sandiganbayan and the
Court of Tax Appeals
Department of Justice is a department of the
executive branch; has supervisory power over all
prosecutors and public defenders, the National
Bureau of Investigation, Bureau of Immigration,
Board of Pardons and Parole and Bureau of
Corrections
BAR FROM BENCH
Bench: denote the body of judges taken
collectively
Bar: refers to the aggregate lawyers whose
names are included in the Roll of Attorneys of
the Supreme Court
JUDGES AND JUSTICES
Judges: presiding officers of the lower trial
courts (Municipal and City courts, RTC and the
Sharia Courts)
Justices: judicial officers of the appellate court
levels (CA, Sandiganbayan, Court of Tax Appeals
and the SC)
NO TRIAL BY JURY IN THE PHILIPPINES
In the Philippines follows the civil systems
where there is no jury trial unlike in the common
law countries like the US and UK
LEVELS OF THE COURTS IN THE
PHILIPPINES (Hierarchy of Courts)








MUNICIPAL AND CITY COURTS
Municipal Trial Courts: court covers one
municipality
Municipal Circuit Trial Courts: court covers two
or more municipalities
Metropolitan Trial Courts: municipal courts in
Metro Manila
Municipal Trial Court in Cities: courts in cities
outside Metro Manila
REGIONAL TRIAL COURT (formerly known
as the Court of First Instance)
In 13 regions of the Philippines, there are many
RTC in them with a total of 720 RTCs
They decide on cases coming from the MTC,
MCTC, MTCC and MetroTC by appeal
They exercise exclusive jurisdiction in all
criminal cases not within the exclusive and
original jurisdiction of any court, tribunal or
body
In civil cases, as long as the subject of the
litigation is incapable of pecuniary estimation
SHARIA COURTS:
In some provinces in Mindanao where the
Muslim Code on Personal Laws is enforced
COURT OF TAX APPEALS
Has the exclusive appellate jurisdiction to review
by appeal the decisions of the Commissioner of
Internal Revenue and the Commissioner of
Customs
It acquired both the original and appellate
jurisdictions over civil and criminal tax cases
involving the National Internal Revenue Code,
Tariff and Customs Code and the Local
Government Assessment Code
SANDIGANBAYAN
Exclusive jurisdiction over violations of the Anti-
Graft and Corrupt Practices Act and other
offenses or felonies committed by public officials
and employees in relation to their office; cases
where the penalty is more than 6 years of
imprisonment or a fine of 6,000
Appellate jurisdiction over the decisions of the
MTCs and the RTCs in cases of the same nature
where the penalty prescribed by law is 6 years or
less of imprisonment and a fine of less than
6,000
COURT OF APPEALS
Cases by appeal from the RTC, quasi judicial
agencies, board or commissions
SUPREME COURT
Highest court of the land
TIME FRAME FOR THE COURT TO DECIDE
CASES
Supreme Court: within 24 months from the date
of submission
All lower collegiate courts: within 12 months
All other lower courts: within 3 months
SUPREME COURT
SANDIGAN
BAYAN
Court of
Appeals
Court of Tax
Appeals
RTC QUASI JUDICIAL
BODIES
MTC
COA/
COMELEC
JURISDICTION: power and authority of the
court to hear, try and decide a case to determine
a cause or right to act in a case usually given to a
judge to take cognizance of and decide cases
according to law and to carry his sentence into
execution
TERRITORIAL JURISDICTION: power of a
judge in relation to his territory where it
comprises the tract of land or district
ACQUISITION OF JURISDICTION
over the petitioner or plaintiff: filing of
the complaint, petition or initiatory
pleading before the court
over the defendant: voluntary
appearance by him
over the subject matter: conferred by
law
over the res (thing): actual or
constructive seizure
CLASSIFICATION OF JURISDICTION
General: refers to the power to
adjudicate ALL controversies
Limited: refers to the restricted power to
adjudicate particular case and subject to
such limits as may be provided by law
Original: given to courts to take
cognizance of cases which may be
instituted in those courts in the first
instance
Appellate: jurisdiction which a superior
court has to bear appeals of causes
which have been tried in inferior courts
Exclusive: which has alone the power to
try or determine the suit, action or
matter in dispute
Concurrent: which may be entertained
by several courts
Civil: subject matter is not of a criminal
nature
Criminal: the court is to punish the
crime
EN BANC: in the bench or full bench; it
refers to a session where the entire membership
of court will participate in the decision
*Supreme court has three divisions who also
have the same authority as the En Banc. By
sitting in divisions, the Supreme Court further
increases its capacity to dispose of cases pending
before it
FORUM SHOPPING: Direct filing with the court
en banc while appeal is already filed with a
division
*Second appeal is allowed under the rules of
procedures. Neither is a petition for certiorari
available as a remedy under the rules for
assailing the decision of the court itself.
SUPREME COURT RESOLUTION: a
decision or resolution of a Division of the Court,
when concurred in by a majority of its members
who actually took part in the deliberations on
these issues in a case and voted thereon, and in
no case without the concurrence of atleast 3
members
SUPREME COURT MINUTE
RESOLUTION: a minute resolution of
dismissal of a petition for review on certiorari
constitutes adjudication on the merits of the
controversy or subject matter of the position
PRELIMINARY INVESTIGATION: is vested
on the Municipal Trial Courts and Municipal
Circuit Trial Court on crimes alleged to have
been committed within their respective
territorial jurisdiction
CHAPTER 4
LAW: body of rules of action or conduct
prescribed by a controlling authority and have
binding legal force that which must be obeyed
and followed by citizen subject to sanctions or
legal consequences of law;
:mosaic of the Philippine Constitution,
statutes, treaties, Supreme Court decisions,
administrative agency regulations, executive
orders and local ordinances
THREE CATEGORIES OF THE MOSAIC OF
LAW:
Statutory or Enacted Law:
o Includes Philippine constitution
and statures
o Usually enacted by the
legislative branch
Case Law
o Includes decisions of the
Supreme court, the courts and
the judicial bodies
o Result of the Common Law
System
o Most of the time referred to as
Jurisprudence or Judge Made
Laws
Administrative Law
o Includes executive order issued
by the president
o Regulations issued by
governmental regulatory
agencies
PURPOSE OF THE LAW: establish standards
that allow individuals to interact with the
greatest efficiency and the least amount
of conflict
FUNCTIONS OF LAW:
Keep the peace
Shape moral standards
Promote social justice
Maintain the status quo
Facilitate orderly change
Facilitate planning
Provide a basis for compromise
Maximize individual freedom
PHILOSOPHY OF LAW
CLASSICAL NATURAL LAW THEORY
ACCORDING TO ST. THOMAS AQUINAS
FOUR TYPES OF LAW FOR AQUINAS
Eternal Law: laws of the universe the
whole community of the universe is
governed by divine reason
Divine Law: the revealed word of God
Natural Law: people know by reason
Human Law: created by us for the
purpose of carrying out natural law
AQUINAS PHILOSOPHY OF LAW: law is
nothing else than an ordinance of reason,
promulgated by one who has the care of the
community (with the power to coerce to obey it)
Ordinance of reason: law must have a
goal
For the Common Good: this is the goal
of law
Promulgated: the law must be made
known to them
Power to coerce to others: in order to
prove an efficacious inducement to
revenue
THEORIES OF LAW
Classical Natural Law Theory
Internal Morality of Law
Classical Legal Positivism
SOURCES OF PHILIPPINE LAWS
Legislative Department Sources
of Statutes
o Statutes: declare rights and
duties or command or prohibit
certain conduct
Judiciary Department Source of
Case or Common Laws, Jurisprudence
or Judge Made Laws
o Case or Common Law- refers to
the creation and refinement of
law in the course of judicial
decisions
-often referred to as
Jurisprudence
-Common Law: laws created
by courts in the absence of
enacted law
-Case Law: includes not only
the law created by courts in the
absence of enacted aw but also
the law created when the
courts interpret or apply
enacted
Executive Department Source of
Rules and Regulations or Administrative
Laws
o Implementing rules and
regulations: these are issued
through subordinate legislation
when the legislative branch
delegates legislative power to
the executive department
o Ordinances: laws of local
government bodies wherein the
Executive Department also
allows them to create their own
laws
POWERS OF SUBORDINATE LEGISLATION
OF THE EXECUTIVE: this enabling legislation
usually includes a grant of authority to create
rules and regulations necessary to carry out the
law
ADMINISTRATIVE LAWS: body of law; it is
composed of the rules, regulations, orders and
decisions promulgated by the administrative
agencies where carrying out their duties; it deals
with the details of implementing the law
EXECUTIVE BRANCH AS A SOURCE OF LAW
THROUGH:
Treaties with the consent of the Senate
Executive orders to regulate and direct
national agencies and officials
Implementing rules and regulations
Municipal ordinances
HIERARCHY OF LAWS








DOCTRINE OF HIERARCHY OF LAWS: it
cannot supersede the higher law
CIVIL SYSTEM OR TRADITION: a legal
system that has drawn its inspiration largely
from the Roman Law heritage and which, by
giving precedence to written law, has resolutely
opted for a systematic codification of its general
law
*Jus civile: civil law
Jus Gentium: law thought to be common to all
the people
TWO COMMON LAW DOCTRINES: for the
consistency and stability to the common/case
law
Precedent: an earlier court decision on
an issue that applies to govern or guide a
subsequent court in determination of
identical or similar issues based upon
identical or similar facts
Doctrine of Stare Decisis: a court
must follow a previous decision of a
higher court in the jurisdiction when the
decision involves issues and facts similar
to those involved in the previous
decision
CIVIL LAW AND COMMON LAW:
Civil: every law of the country codified or
written into law
1987 CONSTITUTION
STATUTE
IMPLEMENTING RULES AND REGULATIONS
COURT DECISIONS
-Separated into two parts: motifs
(reasons) and dispositive (order)
-civil judges are trained in special
schools
Common: referred to as unwritten law
:common law judges are appointed from
amongst the practicing lawyers
RELATIONSHIP BETWEEN THE STATUTORY
LAW AND CASE LAW
Statute Law: law that has been created by
congress in the form of legislation
Case Law: refers to the creation and
refinement of law in the course of judicial
decisions
PRIVATE AND PUBLIC LAW
Private Law: governs the relationships among
individual citizens wherein the matter can only
be regulated by themselves
Public Law: governs the relationship between
the state and the people
CIVIL LAW AND CRIMINAL LAW
Civil Law: a form of private law and governs
the relationships between individual citizen
: governs the issues that arise between
parties over private rights
:procedural law takes effect when
citizens bring a dispute to the legal
system
Criminal Law: an aspect of public law and
relates to conduct which the state considers with
disapproval and which it seeks to control
: this is where a suit is brought by the
government for violation or injury to
public rights
:the law enforcement agencies and
prosecutors who are part of the legal
system initiate a claim against a citizen
*Compensatory damages: the award of money
should be sufficient to compensate the injured
party for the reasonable cost of the injuries
*injunctive relief: the guilty party may be
ordered to act or refrain from acting in a certain
way
*Recovery of punitive damages: additional
monies that the defendant is ordered to pay as a
form of punishment. The reasoning behind
punitive damages is that some actions are so
grossly improper that the defendant should be
punished in a way that will serve as an example
to others who might contemplate the same
wrongful conduct
SUBSTANTIVE VERSUS PROCEDURAL LAW
Without procedural law, substantive law could
never be created but without substantive law,
there would be no need for procedural law
Procedural law: lays down the rules to
enforce the rights and duties of the people
Substantive law: defines the rights and duties
of the people; creates and resolves the issue
between parties
CHAPTER 5
BASIC REMEDIAL LAW PRINCIPLES
Jurisdiction- is the power and authority of a
court to hear, try and decide a case/ determine a
cause or the right to act in a case.
- Is a power constitutionally conferred
upon a judge or magistrate, to take cognizance of
and decide cause according to law and to carry
his sentence into execution.
Venue- is the place where the case is to be heard
or tried. (In the criminal cases, the venue of the
crime goes into the territorial jurisdiction of the
court)
JURISDICTION IS DIFFERENT FROM VENUE
JURISDICTION VENUE
Refers to the authority
to hear and determine
a case
Refers to the place or
the court where the
case is to be tries and
heard
A matter of
substantive law
A matter of procedural
law
Established a relation
between the court and
subject matter
Established a relation
between plaintiff and
defendant, or
petitioner and
respondent
Fixed by law and
cannot be conferred by
the parties
May be conferred by
the act or agreement of
the parties

HOW IS JURISDICTION IS ACQUIRED
Jurisdiction of the court
: over the plaintiff or petitioner is
acquired by the filing of the complaint,
petition, or initiatory pleading before
the court by the plaintiff or petitioner
(PERSONAL JURISDICTION)
: over the defendant or respondent is
acquired by the voluntary appearance by
the defendant or respondent to the court
or by service of summons
: over the subject matter is conferred by
law
: over the res (thing) is acquired by
actual or constructive seizure
PAYMENT OF DOCKET FEE IS
JURISDICTIONAL
Civil cases filed before the court, proper docket
fee have to be paid before the court will attain
jurisdiction.
ACTIONS- an ordinary suit in a court of justice,
by which one party prosecutes another for the
enforcement or protection of a right, or the
prosecution or redress of a wrong.
CLASSIFICATION OF ACTIONS
REAL ACTIONS- those brought for the
protection of real rights, specific recovery of
lands, tenements, or one founded on privity of
estate only.
PERSONAL ACTIONS- those brought for the
protection of real rights, specific recovery of
goods and chattels; damage, contracts, injuries.
MIXED ACTIONS- brought for protection or
recovery of real property and also for an award
for damages sustained.
-
IN REM ACTION- directed against the thing
itself. (Land Registration)
IN PERSONAM ACTION- directed a
particular person on the basis of his liability to
establish a claim against him. (Action for breach
of contract)
QUASI IN REM ACTION- directed a
particular person, but the purpose is to bar and
bid not only said person but any other person
who claims any interest in the property or right
subject of the suit. (Judicial foreclosure of
mortgage)
-
TRANSITORY ACTION- is one the venue of
which depends generally upon the residence of
the parties, regardless of where the cause of
action arose. (Personal action)
LOCAL ACTION- one required by the Rules of
Court to be instituted in a particular place in the
absence of an agreement to the contrary. (Real
action)
-
CIVIL ACTION- is one by which a party sues
another for the enforcement of protection of a
right, or the prevention or redress of a wrong.
(may be ordinary or special)
CRIMINAL ACTION- is one by which the
State prosecutes a person for an act or omission
punishable by law.
SPECIAL PROCEEDINGS- is a remedy by
which a party seeks to establish a status, a right,
or a particular fact.
COMMENCEMENT OF ACTION- is
commenced by the filing of the original
complaint in court.

CAUSES OF ACTIONS
CAUSE OF ACTION- is the act or omission by
which a part violates a right of another.
- Is the fact or combination of facts
which affords a party a right to judicial
interference in his behalf.
- Consist of two elements:
(1) the plaintiffs primary right and
the defendants corresponding
primary duty, whatever may be the
subject to which they relate (persons,
character, property or contract)
(2) the delict or wrongful act or
omission of the defendant, by which
the primary right and duty have been
violated.
- determined not by the prayer of the
complaint but by the facts alleged.
RIGHT OF ACTION- is the right to commence
and maintain an action.
-In the law on pleading, right of action is
distinguished from cause of action in that the
former is remedial right belonging to some
persons, while the latter is a formal statement of
the operative facts that give rise to such remedial
right.
-The former is a matter of right and depends on
the substantive law, while the latter is a matter
of statement and is governed by the law of
procedure.
-The right of action springs from the cause of
action, but does not accrue until all the facts
which constitute the cause of action have
accured.
PARTIES TO CIVIL ACTION
Who may be Parties; PLAINTIFF and
DEFENDANT- only natural or juridical persons,
or entities authorized by law may be parties in a
civil action.
PLAINTIFF- claiming party
DEFENDANT- the original defending party,
the defendant in a counterclaim, the cross-
defendant, or the third (etc) party defendant.
CLASSIFICATION OF PARTIES
REAL PARTY IN INTEREST-is the party
who stands to be benefited or injured by the
judgment in the suit, or the party entitled to the
avails of the suit. (Unless, authorized by law or
these Rules, every action must be prosecuted or
defended in the name of the real party in
interest)
INDISPENSIBLE PARTY- A person without
whom no final determination can be had of an
action
PROPER PARTY- A necessary party is one
who is not indispensable but who ought to be
joined as a party if complete relief is to be
accorded as to those already parties, or for a
complete determination of settlement of the
claim subject of the action.
PRO FORMA PARTY- A husband or wife who
is required to be joined in suits by or against his
spouse
QUASI-PARTIES- Those in whose behalf a
class or representative suit is brought
REPRESENTATIVES AS PARTIES. Where
the action is allowed to be prosecuted or
defended by a representative or someone acting
in a fiduciary capacity, the beneficiary shall be
included in the title of the case and shall be
deemed to be the real part in interest
INDIGENT PARTY- A party may be
authorized to litigate his action, claim or defense
as an indigent if the court, upon an ex parte
application and hearing, is satisfied that the
party is one who has no money or property
sufficient and available for food, shelter, and
basic necessities for himself and for his family.
(Exemption from payment of docket and other
lawful fees, and of transcripts of stenographic
notes which the court may order to be furnished
him.
CLASS SUIT- when the subject matter of the
controversy is one of common or general interest
to many persons so numerous that it is
impracticable to join all as parties, a number of
them which the court finds to be sufficiently
numerous and representative as to fully protect
the interests of all concerned ay sue or defend
for the benefit of all.
VENUE OF ACTIONS
VENUE OF REAL ACTIONS- actions
affecting title to or possession of real property,
or interest therein, shall be commenced and
tried in the proper court which has jurisdiction
over the area wherein the real property involved,
or a portion thereof, is situated.
VENUE OF PERSONAL ACTIONS- All other
actions may be commenced and tried where the
plaintiff or nay of the principal plaintiffs resides,
or where the defendant or any of the principal
defendants resides, or in the case of non-
resident defendant where he may be found, at
the election of the plaintiff.
VENUE OF ACTIONS AGAINST NON-
RESIDENTS- The action affects the personal
status of the plaintiff, or any property of said
defendant located in the Philippines, the action
may be commenced and tried in the court of the
place where the plaintiff resides, or where the
property or any portion thereof is situated or
found.
CRIMINAL ACTION AND CRIMINAL LAW
CRIMINAL ACTION- is one by which the
State prosecutes a person for an act or omission
punishable by law
CRIMINAL LAW- the RPC is the most
important but not only source of criminal laws
(ACT 3815).
Book one: basic principles affecting criminal
liability (ART 1-20), and the provisions on
penalties (ART 21-113)
Book two: defines the felonies with the
corresponding penalties, and the felonies are
classified and grouped under 14 titles.
Special laws: enacted by Congress which
penalize specific acts not included in the RPC.
CIVIL ACTIONS
ORDINARY CIVIL ACTION- is one by which
a part sues another for the enforcement or
protection of a right, or the prevention or
redress of a wrong.
SPECIAL CIVIL ACTION- is also governed by
the rules for ordinary civil actions, subject to the
specific rules prescribed for a special civil action
CRIMINAL ACTION DISTINGUISHED FROM
CIVIL ACTION
CRIMINAL ACTION CIVIL ACTION
Is one by which the
State prosecutes a
person for an act or
Is one by which a party
sues another for the
enforcement or
omission punishable
by law
protection of a right,
or the prevention or
redress of a wrong
Is commenced by a
complaint or
information filed by
the fiscal
Is commenced by a
complaint or petition
by a private person
Is brought in the name
of the state with the
private complainant as
a mere witness for the
state
Is brought in the name
of the real part in
interest

KINDS OF PLEADING (rule 6 of the 1997 Rules
of Civil Procedure)
SECTION 1. Pleadings defined
PLEADINGS- are the written statements of the
respective claims and defences of the parties
submitted to the court for appropriate judgment.
SECTION 2. Pleadings allowed
The claims of a party are asserted in a complaint,
counterclaim, cross-claim, third (fourth etc)
party complaint, or complaint-in-intervention.
The defences of a part are alleged in the answer
to the pleading asserting a claim against him
SECTION 3. Complaint
-Is the pleading alleging the plaintiff cause or
causes of action. The names and residences of
the plaintiff and defendant must be stated in the
complaint.
SECTION 4. Answer
-Is a pleading in which a defending party sets
forth his defences
SECTION 5. Defences
NEGATIVE DEFENSE- the specific denial of the
material fact or facts alleged in the pleading of
the claimant essential to his cause/s of action
AFFIRMATIVE DEFENSE- is an allegation of a
new matter which, while hypothetically
admitting the material allegations in the
pleading of the claimant would nevertheless
prevent or bar recovery by him.
SECTION 6. Counterclaim
-Is any claim which a defending party may have
against an opposing party.
SECTION 7. Compulsory counterclaim
-Is one which, being cognizable by the regular
courts of justice, arises out of or is connected
with the transaction or occurrence constituting
the subject matter of the opposing partys claim
and does not require for its adjudication the
presence of third parties of whom the court
cannot acquire jurisdiction.
SECTION 8. Cross-claim
Is any claim by one part against a co-party
arising out of the transaction or occurrence that
is the subject matter either of the original action
or of a counterclaim therein. Such cross-claim
may include a claim that the party against whom
it is asserted is or may be liable to the cross-
claimant for all or part of a claim asserted in the
action against the cross-claimant.
SECTION 9. Counter-counterclaims and
counter-cross-claims
A counter claim may be asserted against an
original counter-claimant
A cross-claim may also be files against an
original cross-claimant
SECTION 10. Reply
-Is a pleading, the office or function of which is
to deny, or allege facts in denial or avoidance of
new matters alleged by way of defense in the
answer and thereby join or make issue as to such
new matters. If a party does not file such reply
all the new matters alleged in the answer are
deemed controverted.
If the plaintiff wishes to interpose any claims
arising out of the new matters so alleged, such
claims shall be set forth in an amended or
supplemental complaint.
SECTION 11. Third, (fourth, etc)- Party
complaint.- A third (fourth, etc)
-party complaint is a claim that a defending
party may, with leave of court, file against a
person not a party of the action, called the third
(fourth, etc.)- party defendant, for contribution,
indemnity, subrogation or any other relief in
respect of his opponents claim.
SECTION 12. Bringing new parties.
When the presence of parties other than those to
the original action is required for the granting of
complete relief in the determination of a
counterclaim or cross-claim, the court shall
order them to be brought in as defendants, if
jurisdiction over then can be obtained.
SECTION 13. Answer to third (fourth,
etc.)-party complain- A third (fourth,
etc.)
-Party defendant may allege in his answers his
defences, counterclaims or cross-claims,
including such defences that the third (fourth,
etc.) party plaintiff may have against the
original plaintiffs claim.
PARTS OF PLEADINGS (rule 7 of the 1997
Rules of Civil Procedure)
SECTION 1. Caption
-sets forth the name of the court, the titles of the
action, and the docket number of assigned
-The title of the action indicates the names of the
parties; their respective participation in the case
shall be indicated.
SECTION 2. The body
-the body of the pleadings sets forth its
designation, the allegations of the partys claims
or defences, the relief prayed for, and the date of
the pleading
(a) Paragraphs
(b) Headings
(c) Relief
(d) Date
SECTION 3. Signature and address
Every pleading must be signed by the party or
counsel representing hum, stating in either case
his address which should not be a post office
box.
The signature of counsel constitutes a certificate
by him that he has read the pleading; that to the
best of his knowledge, information, and belied
there is good ground to support it; and that it is
not interposed for delay.
An unsigned pleading produces no legal effect.
SECTION 4. Verification
A pleading is verified by an affidavit that the
affiant has read the pleading and that the
allegations therein are true and correct of his
knowledge and belief.
A pleading required to be verified which
contains a based on information and belief, or
upon knowledge, information and belief, or
lacks a proper verification shall be treated as an
unsigned pleading.
SECTION 5. Certification against forum
shopping
The plaintiff or principal party shall certify
under oath in the complaint or other initiatory
pleading asserting a claim for relief or in a sworn
certification annexed thereto and simultaneously
filed therewith:
(a) that he has not theretofore commenced
any action or filed any claim involving
the same issues in any court, tribunal or
quasi-judicial agency and, to the best of
his knowledge, no such other action or
claim is pending therein;
(b) if there is such other pending action or
claim, a complete statement of the
present status thereof;
(c) if he should thereafter learn that the
same or similar action or claim has been
filed or is pending, he shall report that
fact within five (5) days therefrom to the
court wherein his aforesaid complaint or
initiatory pleading has been filed
Failure to comply with the foregoing
requirements shall not be curable


CHAPTER 6
CONSTITUTIONAL AND STATUTORY BASIS
OF LEGAL PRACTICE
-The 1987 Constitution provides that practice of
all professions in the Philippines shall be limited
to Filipino citizens, save in cases prescribed by
law. This includes the practice of legal profession
in the Philippines. Section 14 of Article XII of the
1987 Philippine Constitution.
-The admission to the bar is indisputably a
judicial function by responsibility.
-The Constitution has given the Supreme Court
the authority to promulgate rules concerning the
admission to the practice of law in the
Philippines under Section 5, Article VIII.
PRACTICE OF LEGAL PROFESSION IS A
PRIVELEGE AND NOT A NATURAL RIGHT
-It is necessary as a matter of policy and in the
interests of public safety and welfare to provide
laws and provisions covering the granting of the
privilege and its subsequent use and control, and
to provide regulations to the end that the public
shall be promoted and that the public shall be
properly protected against unprofessional,
improper unauthorized and unqualified practice
of the legal profession and from unprofessional
conduct by persons licensed to practice law.
REQUIREMENTS FOR ADMISSION TO THE
BAR
-A citizen of the Philippines
-At least twenty-one (21) years of age
-Of good moral character
-A resident of the Philippines
-Must produce before the Supreme Court
satisfactory evidence of good moral character
-No charges against him involving moral
turpitude have been filed or are pending in any
court in the Philippines.
(Additional: Section 9, Rule 138 of the Rules of
Court)
ADMISSION AND OATH OF SUCCESSFUL
APPLICANTS
An applicant who has passed the required
examination or has been otherwise found to be
entitled to admission to the bar, shall take and
subscribe before the Supreme Court the
corresponding oath of office
DEFINITION OF PRACTICE OF LEGAL
PROFESSION
Case: Cayetano V. Monsod (201 SCRA 210)
Facts
Monsod (respondent) was nominated by
President Corazon C. Aquino to the position of
Chairman of the COMELEC in a letter received by the
Secretariat of the Commission on Appointments.
Cayetano (petitioner) opposed the nomination
because allegedly Monsod does not possess the
required qualification of having been engaged in the
practice of law for at least ten years. The 1987
Constitution provides in Section 1 (1), Article IX-C:
There shall be a Commission on Elections composed
of a Chairman and six Commissioners who shall be
natural-born citizens of the Philippines and, at the
time of their appointment, at least thirty-five years of
age, holders of a college degree, and must not have
been candidates for any elective position in the
immediately preceding -elections. However, a
majority thereof, including the Chairman, shall be
members of the Philippine Bar who have been
engaged in the practice of law for at least ten years.
Challenging the validity of the confirmation by the
Commission on Appointments of Monsods
nomination, petitioner filed a petition for Certiorari
and Prohibition praying that said confirmation and
the consequent appointment of Monsod as Chairman
of the Commission on Elections be declared null and
void because Monsod did not meet the requirement of
having practiced law for the last ten years.
Issue
Whether or not Monsod satisfies the requirement of
the position of Chairman of the COMELEC.
Held:
The practice of law is not limited to the conduct of
cases in court. A person is also considered to be in the
practice of law when he: . . . for valuable
consideration engages in the business of advising
person, firms, associations or corporations as to their
rights under the law, or appears in a representative
capacity as an advocate in proceedings pending or
prospective, before any court, commissioner, referee,
board, body, committee, or commission constituted
by law or authorized to settle controversies. Otherwise
stated, one who, in a representative capacity, engages
in the business of advising clients as to their rights
under the law, or while so engaged performs any act
or acts either in court or outside of court for that
purpose, is engaged in the practice of law.
Atty. Christian Monsod is a member of the Philippine
Bar, having passed the bar examinations of 1960 with
a grade of 86.55%. He has been a dues paying member
of the Integrated Bar of the Philippines since its
inception in 1972-73. He has also been paying his
professional license fees as lawyer for more than ten
years. Atty. Monsods past work experiences as a
lawyer-economist, a lawyer-manager, a lawyer-
entrepreneur of industry, a lawyer-negotiator of
contracts, and a lawyer-legislator of both the rich and
the poor verily more than satisfy the constitutional
requirement that he has been engaged in the
practice of law for at least ten years.
-The practice of law is not limited to the conduct of
cases in court
-Practice of law means any activity, in or out of court,
which requires the application of law, legal procedure,
knowledge, training and experience. To engage in the
practice of law is to perform those acts which are
characteristics of the profession. Generally, to practice
law is to give notice or render any kind of service,
which device or service requires the use in any degree
of legal knowledge or skill (111 ALR 23)
*In Cayetano v. Monsod, supra, the Supreme Court
applied the so-called modern concept of the practice
of law instead of the traditional or stereotypical
notion of law practice in upholding the appointment
of Monsod as the COMELEC Chairman
Case: Ulep v. The Legal Clinic, Inc. (223
SCRA 378)
Facts
Mauricio C. Ulep, petitioner, prays this Court "to
order the respondent, The Legal Clinic, Inc., to cease
and desist from issuing advertisements similar to or of
the same tenor as that of Annexes `A' and `B' (of said
petition) and to perpetually prohibit persons or
entities from making advertisements pertaining to the
exercise of the law profession other than those
allowed by law. The advertisements complained of by
herein petitioner are as follows:
Annex A
SECRET MARRIAGE?
P560.00 for a valid marriage.
Info on DIVORCE. ABSENCE.
ANNULMENT. VISA.
THE Please call: 521-0767,
LEGAL 5217232, 5222041
CLINIC, INC. 8:30 am-6:00 pm
7-Flr. Victoria Bldg. UN Ave., Mla.
Annex B
GUAM DIVORCE
DON PARKINSON
an Attorney in Guam, is giving FREE BOOKS on
Guam Divorce through The Legal Clinic beginning
Monday to Friday during office hours.
Guam divorce. Annulment of Marriage. Immigration
Problems, Visa Ext. Quota/Non-quota Res. & Special
Retiree's Visa. Declaration of Absence. Remarriage to
Filipina Fiancees. Adoption. Investment in the Phil.
US/Foreign Visa for Filipina Spouse/Children. Call
Marivic.
THE 7 F Victoria Bldg. 429 UN Ave.
LEGAL Ermita, Manila nr. US Embassy
CLINIC, INC. Tel. 521-7232521-7251
522-2041; 521-0767

It is the submission of petitioner that the
advertisements above reproduced are champertous,
unethical, demeaning of the law profession, and
destructive of the confidence of the community in the
integrity of the members of the bar and that, as a
member of the legal profession, he is ashamed and
offended by the said advertisements, hence the reliefs
sought in his petition as herein before quoted.
In its answer to the petition, respondent admits the
fact of publication of said advertisements at its
instance, but claims that it is not engaged in the
practice of law but in the rendering of "legal support
services" through paralegals with the use of modern
computers and electronic machines. Respondent
further argues that assuming that the services
advertised are legal services, the act of advertising
these services should be allowed supposedly in the
light of the case of John R. Bates and Van O'Steen vs.
State Bar of Arizona, reportedly decided by the United
States Supreme Court on June 7, 1977.
Issue
Whether or not the services offered by respondent,
The Legal Clinic, Inc., as advertised by it constitutes
practice of law and, in either case, whether the same
can properly be the subject of the advertisements
herein complained of.
Held:
Yes. The Supreme Court held that the services
offered by the respondent constitute practice of law.
The definition of practice of law is laid down in the
case of Cayetano vs. Monsod, as defined:
Black defines "practice of law" as:
"The rendition of services requiring the knowledge
and the application of legal principles and technique
to serve the interest of another with his consent. It is
not limited to appearing in court, or advising and
assisting in the conduct of litigation, but embraces the
preparation of pleadings, and other papers incident to
actions and special proceedings, conveyancing, the
preparation of legal instruments of all kinds, and the
giving of all legal advice to clients. It embraces all
advice to clients and all actions taken for them in
matters connected with the law."
The contention of respondent that it merely offers
legal support services can neither be seriously
considered nor sustained. Said proposition is belied
by respondent's own description of the services it has
been offering. While some of the services being
offered by respondent corporation merely involve
mechanical and technical know-how, such as the
installation of computer systems and programs for the
efficient management of law offices, or the
computerization of research aids and materials, these
will not suffice to justify an exception to the general
rule. What is palpably clear is that respondent
corporation gives out legal information to laymen and
lawyers. Its contention that such function is non-
advisory and non-diagnostic is more apparent than
real. In providing information, for example, about
foreign laws on marriage, divorce and adoption, it
strains the credulity of this Court that all that
respondent corporation will simply do is look for the
law, furnish a copy thereof to the client, and stop
there as if it were merely a bookstore. With its
attorneys and so called paralegals, it will necessarily
have to explain to the client the intricacies of the law
and advise him or her on the proper course of action
to be taken as may be provided for by said law. That is
what its advertisements represent and for which
services it will consequently charge and be paid. That
activity falls squarely within the jurisprudential
definition of "practice of law." Such a conclusion will
not be altered by the fact that respondent corporation
does not represent clients in court since law practice,
as the weight of authority holds, is not limited merely
to court appearances but extends to legal research,
giving legal advice, contract drafting, and so forth.
That fact that the corporation employs paralegals to
carry out its services is not controlling. What is
important is that it is engaged in the practice of law by
virtue of the nature of the services it renders which
thereby brings it within the ambit of the statutory
prohibitions against the advertisements which it has
caused to be published and are now assailed in this
proceeding. The standards of the legal profession
condemn the lawyer's advertisement of his talents. A
lawyer cannot, without violating the ethics of his
profession, advertise his talents or skills as in a
manner similar to a merchant advertising his goods.
The proscription against advertising of legal services
or solicitation of legal business rests on the
fundamental postulate that the practice of law is a
profession. The canons of the profession tell us that
the best advertising possible for a lawyer is a well-
merited reputation for professional capacity and
fidelity to trust, which must be earned as the outcome
of character and conduct. Good and efficient service to
a client as well as to the community has a way of
publicizing itself and catching public attention. That
publicity is a normal by-product of effective service
which is right and proper. A good and reputable
lawyer needs no artificial stimulus to generate it and
to magnify his success. He easily sees the difference
between a normal by-product of able service and the
unwholesome result of propaganda.
*In this case, the Supreme Court ruled that the
act of giving out legal information, for example,
about foreign laws on marriage, divorce and
adoption by attorneys and even by the so-called
paralegals falls within the jurisprudential
definition of practice of law.
LEGAL RESEARCH IS AND ESSENTIAL
LAWYERING SKILL
The ability to conduct legal research is essential
for lawyers, regardless of area or type of practice.
The most basic step in legal research is to find
the leading case governing the issues in
question. (Best, 2007)
STANDARD OF LEGAL RESEARCH
REQUIRED
CANON 5- a lawyer shall keep abreast of legal
developments, participate in continuing legal
education programs, support efforts to achieve
high standards in law schools as well as in the
practical training of law students and assist in
disseminating information regarding the law
and jurisprudence.
LEGAL RESEARCHER SUSPENDED FOR
SLOPPY JOB
Case: Domingo-Regala v. Sultan
Facts:
Judge Leah Domingo-Regala, Regional Trial
Court, Branch 226, QC, has charged Ma. Donna Y.
Sultan, Legal Researcher of the same court, with
Inefficiency, Habitual Absenteeism, Tardiness,
Falsification of Daily Time Record, Dishonesty, and
Conduct Prejudicial to the Service. Court of
Administration requested petitioner to comment on
the unauthorized leave of absence of respondent but
said absences were the subject of a letter by
respondent addressed to the Office of the Court
Administrator (OCA) complaining the disapproval by
petitioner of her applications for leave. Petitioner
alleges that respondent is guilty of habitual
absenteeism as defined by the Administrative Circular
No. 1-91 for having incurred unauthorized absences
exceeding the allowable 2.5 days monthly leave credits
for at least three (3) months in a semester. Petitioner
claims that respondent has always been tardy in
reporting for work and signs the office logbook with a
time earlier than that of her actual arrival; she
(respondent) cannot carry out proper legal research;
she added that the respondent extended her leaves
without even filing a leave in advance; she claims that
as a law graduate, she at least has the basic knowledge
of law and legal research. The Office of the Court
Administrator (OCA) assigned an investigating Judge
to investigate the case. The investigating judge
recommended that the respondent be reprimanded
for incompetence. However, he left the determination
of penalty for habitual absenteeism to the OCA. In a
report, the OCA affirmed his findings on the
respondents inefficiency, and habitual absenteeism
but overturned his recommendation absolving the
respondent from the charge of conduct prejudicial to
the service.
Issue: WON the findings of OCA correct
Held: Held: Yes. The investigating judge observed that
for a law graduate with no academic background on
legal bibliography and no professional background on
legal research, one could expect her seeking of
guidance from her judge, and the branch clerk of
court, in the course of her work. As enunciated by the
Court in several cases, no other office in the
government service exacts a greater demand for moral
righteousness and uprightness from an employee than
the judiciary. The conduct and behavior of everyone
connected with an office charged with the
dispensation of justice, from the presiding judge to
the lowliest clerk, must always be beyond reproach
and must be circumscribed with the heavy burden of
responsibility. Public officers must be accountable to
the people at all times and serve them with the utmost
degree of responsibility and efficiency. Any act which
falls short of the exacting standards for public office,
especially on the part of those expected to preserve
the image of the judiciary, shall not be countenanced.
It is the imperative and sacred duty of each and
everyone in the court to maintain its good name and
standing as a true temple of justice.
The court adopted the findings of the Office of the
Court Administrator, but modifies the penalty. The
respondent was to be suspended from service for
three (3) months without pay. She was also sternly
warned that a repetition of the same acts would be
dealt with more severely.

Chapter 7
INTRODUCTION TO LEGAL RESEARCH
LEGAL RESEARCH- is the search for
authority that can be applied to a given set of
facts and issues.
- is the process of identifying and
retrieving information necessary to
support legal decision-making
- includes each step of a course of action
that begins with an analysis of the facts
of a problem and concludes with the
application and communication of the
results of the investigation
LEGAL ANALYSIS- is the process of
determining how the law applies to the problem
Legal research and analysis- involve determining
how the law applies to the facts of the case,
which in turn requires knowledge of what the
law is, how to find it, and the general principles
that govern its application.
LEGAL RESEARCH DIFFER FROM
RESEARCH IN OTHER CONTEXTS
In the process of researching a legal issue,
consult: PRIMARY SOURCES
-Statutes( legislative enactments)
-Cases (Opinions of the judiciary)
-Regulatory materials (Administrative agency
regulations and decisions

LEGAL AUTHORITY
Purpose: is to find the authority that will aid in
finding a solution to a legal problem.
Process: Legal research and analysis requires a
determination of what law applies to a legal
question and how it applies.
TYPES OF LEGAL AUTHORITIES
PRIMARY LEGAL AUTHORIES- are
authorized statements of law issued by
governmental bodies.
-Official pronouncements of the law by
the legislative branch (constitution and
statutes), judicial branch (cases), and
executive branch (treaties, executive
orders, administrative rules and
regulations, ordinances)
-Mandatory (binding)/ Persuasive (non-
binding)
-are the rules of law and are binding
upon the courts, government, and
individuals
MANDATORY AUTHORITY- involves a
knowledge of which law-making bodies issue
legal authority for a particular jurisdiction.
*The concept of jurisdiction initially involves a
determination of whether an issue that arises in
a particular geographic location is governed by
national law.
*Mandatory statutory authority must be
followed; mandatory judicial authority must be
followed under the principle of Stare Decisis,
unless the court decides that changed
circumstances warrant a different outcome.
PERSUASIVE PRIMARY AUTHORITY- can
include court decisions of other jurisdiction,
which do not have to be followed but which may
be used as examples of good reasoning.
HIERARCHY OF LAWS
-exists between the two primary sources of law:
enacted law and common law.
*A court decision may interpret a legislative act,
but it cannot overrule an act unless it is
determined that the act violates the constitution.
SECONDARY LEGAL AUTHORITIES- are
descriptions of, or commentary on, the law.
-includes law review articles, treatises,
Restatements of the Law, legal encyclopaedias
and other similar items.
-Secondary sources can be used only as
persuasive authority. (vary widely in their
relative weight as persuasive authority)
-is commentary on the law that does not have
binding effect but aids in explaining what the
law is or should be.
PRIMARY AUTHORITY AND SECONDARY
AUTHORITY DISTINGUISHED.
TYPES OF AUTHORITY
Primary Authority The law itself, such as
constitutions, statutes,
ordinances,
administrative rules
and regulations, and
court decisions
Secondary Authority A source a court may
rely on that is not the
law, such as legal
books, legal
encyclopedias,
restatements of the
law, treatises, and law
review articles.

MANDATORY OR BINDING AUTHORITY AND
PERSUASIVE AUTHORITY DISTINGUISHED.
Mandatory or Binding authority- is an authority
that the court MUST follow.
Persuasive Authority- is one which the court
MAY OPTIONALLY follow.
Primary Authority- are binding upon the court,
agency or tribunal that may be deciding the legal
issue one is researching.
-it is binding because if ones argument
relies upon or citied the constitution, a
statute, a case, or and administrative
regulation that is relevant to a legal
issue, it must be followed
*all other authorities (secondary authorities) are
persuasive only.
The determination of whether an enacted law
applies to govern a legal question or issue before
a court is addressed will need the following 3-
step process:
Step 1: Identify all the laws that may govern the
question.
Step 2: Indentify the elements of the law or
statute.
Step 3: Apply the facts of the case to the
elements.
ROLES OF AUTHORITY
Primary Authority A source of law court
must rely on when
reaching a decision,
such as an enacted law
(statute, ordinance,
and case laws) that
governs the legal
questions being
addressed, or an
opinion of a higher
court in the
jurisdiction that
addressed the same or
a similar legal question
and facts
Secondary Authority Any authority a court
is not bound to
consider or follow but
may consider or follow
when reaching a
decision, such as a
opinion of a court in
another state on the
same or a similar
issue, or a secondary
authority source
(encyclopedia article,
legal dictionary
definition, legal books,
and so on.)

MANDATORY CASE LAWS
-The court decision must be on point
-The court decision must be written by a higher
court in that jurisdiction(usually the Supreme
Court of the Philippines)
A PRIMARY AUTHORITY IS NOT ALWAYS
BINDING; ISSUE ABOUT JURISDICTION
(P.138)
SECONDARY AUTHORITIES ARE USEFUL
LEGAL RESEARCH TOOLS (P.138)
SOURCES OF AUTHORITIES
2 principal ways: through legislative action and
through court action.
2 primary sources of law in the Philippines:
enacted law or statute, and common or case law.
1. Legislature
2. Supreme Court
3. Administrative Bodies
4. Local Government Units
5. The President Of The Republic

FORMS OF LEGAL INFORMATION
PRIMARY SOURCES- publication which contain
the original decisions and actions of legislative,
judicial, and administrative bodies
SECONDARY SOURCES- publication that
describe, explain, or analyze the law (scholars,
lawyers and other commentators and have no
official legal authority i.e. textbook, treatises,
encyclopedias, commentaries, journal articles,
indexes, and other publication.
*DO NOT CONFUSE PRIMARY OR
SECONDARY AUTHORITIES FROM PRIMARY
OR SECONDARY SOURCES.

Primary Authorities (mandatory/binding) and
Sources
Authorities Source
Constitutions Legislature
Statutes Legislature
Case Laws/
Jurisprudence
Judiciary
Administrative
Regulations
Executive
Executive Order Executive
Treaties Executive
Presidential Decrees Executive
Municipal Laws and
Ordinances
Executive

Secondary Authorities (persuasive)
Dictionaries
Annotations
Encyclopedias
Law Review Articles
Periodical Publications
Treatises and texts
Attorneys general opinions
Restatements
Foreign sources
Form books
Practice guides

THE LEGAL RESEARCH PROCESS
-Legal research is not a linear process.
STEPS:
1. Analyze the facts and formulate a
preliminary statement of issues.
2. Familiarize yourself with the court
structure of the jurisdiction.
3. Conduct background research to get an
overview of the subject area, identify
issues and terms, and get clues to
primary sources.
4. Search for legal authority using
appropriate method of updating.
5. Read and evaluate primary authorities.
6. Make sure cases are still good law and
you have the current version of statutes.
7. Refine analysis and formulate
conclusion.
8. Complexity of Modern Legal Research


Chapter 8
Law Library is the Law Laboratory. -is
the law students laboratory.
Types of law libraries
PUBLIC LAW LIBRARY
1. Law school library
2. Court library
3. Government or Agency Law Libraries.
PRIVATE LAW LIBRARY
1. Law school library
2. Bar Association and Private Group Law
libraries.
3. Law firm libraries.
Using the Libraries
Arrangement of Law Libraries
Library Catalogs
Library of Congress Classification
Law Library Collection
Law Library Staff
Law Library Courtesy
Library Rules
1. Visitor Registration
2. Checking Out Materials
3. Shelving
4. Fines and Overdue Materials
5. Late fees
6. Drinks, Food and tobacco-
prohibited
7. Lost and Found
8. Noise and Disruptive behaviour
9. Personal Valuables
10. Restrooms
11. Telephones
12. Cell Phones, Pagers, Laptop
computers.
Legal Research on the Internet
1. Electronic Law Library
a. The Supreme Court E-
Library
CHAPTER 9
LEGAL CITATION
Chapter 10
COMPUTER ASSISTED LEGAL
RESEARCH (CALR)
1. Electronic Research Basics
a. Completeness
b. Structure
c. Linguistic Difficulties
d. Efficiency Measures
e. Search Approaches
2. Boolean Searching- is used to construct
search statements using logical
connectors.
a. The three basic logical operators
are:
i. AND. Terms on both
sides of the connector
must be present
somewhere in the
document in order to be
retrieved
ii. OR. If one of the terms
connected by the OR
connector appears in a
document, that
document will be
retrieved
iii. NOT. Documents
containing the term
after the NOT operator
will not be retrieved.
b. Proximity connectors help with
this difficulty.
i. WITHIN.
ii. PRE
iii. ADJ
c. Most search engines have some
methods for dealing with word
variations
i. Root Expander (!)
ii. Universal character (*)
iii. Singular/Plural forms
of a word.
3. Field and segment searching
4. Lex libris, lexis and Westlaw Basics- are
established components of legal
research; it is no longer cutting-edge to
be proficient in using these databases; it
is mandatory.
- LEX LIBRIS- contains Philippine Laws
and Jurisprudence
- LEXIS and WESTLAW- contains
American Laws and Jurisprudence.

Advantages:
- Focused, Reliable Content
- Search Engines that index the Entire
Database
- Search Mechanisms that Remain
Consistent
- Highly Structures Format

5. Lex Libris: Organization of Materials
1. Volume 1. Laws (Philippine
Edition)
2. Vol. 2. Taxation (Philippine
Edition)
3. Vol. 3. Jurisprudence (The
Supreme Court Reports)
4. Vol. 4. Department of
Justice (Opinions of the
Secretary)
5. Vol. 5. Local Autonomy and
Local Government
6. Vol. 6. Environment and
Natural Resources
7. Vol. 7. Labor and Social
Legislation
8. Vol. 8. Elections
9. Vol. 9. Trade Commerce and
Industry
10. Vol. 10. Securities and
Exchange Commission
11. Vol. 11. Family Law
12. Lex Libris Student Edition
13. Bangko Sentral Ng Pilipinas
14. The National
Administrative Register (
1990 TO 2000)
15. Proceedings of the 1986
Constitutional Commission
16. Impeachment Proceedings
against Pres. Joseph
Estrada.
17. Lex Libris Bulletins

6. Westlaw : Organization of Materials
(179)
7. Lexis: Organization of Materials (180)
8. Selecting Databases/Sources (180)
9. Composing Lex Libris, Lexis, and
Westlaw Searches
a. Define your issues
b. Select search terms
c. To search for phrases using
terms and connectors
d. Relate you terms logically
e. Order the connectors properly
f. Evaluate your search
g. Field Searching
10. Quick Tips for Composing Online
Searches
a. Terms and connectors searching
b. Define issues
c. Select search terms
d. Relate Terms logically and order
connectors properly
e. Select source (Lexis) or database
(Westlaw)
f. Limit your search to a
field/segment and use date
restrictions when appropriate
g. Run your search and evaluate
your results
h. Use locate (Westlaw) or focus
(Lexis) to look for specified
terms within your search result
i. Natural language searching
j. Define you issues
k. Decide how to express your
search
l. Select your source (Lexis) or
database (Westlaw)
11. Internal research
12. Strategies For Internet Research
a. Learn how your Favorite
Research Engines Operate
b. Use more than one Search
Engine for Important Project
c. Plan your Searches
d. Evaluate Reliability

CHAPTER 11
1. CONSTITUTIONAL LAW RESEARCH
i. Background of the 1987 Constitution
-1986, EDSA Revolution
- ousted Ferdinand Marcos
- Inauguration of Corazon Aquino
-Proclamation No.3, declaring a national policy
to implement the reforms mandated by the
people, protecting their basic rights, adopting a
provisional constitution and providing for an
orderly translation to a government under a new
constitution.
-Proclamation No. 9, creating a Constitutional
Commission to frame a new constitution which
took effect during the martial law regime
imposed by her predecessor.
-President Aquino appointed 50 members to the
Commission.
Read the rest (p. 196)
ii. 1987 CONSTITUTION (17 articles)
PREAMBLE
ARTICLE I: National Territory
ARTICLE II: Declaration of Principles and
State Policies
ARTICLE III: Bill of Rights
ARTICLE IV: Citizenship
ARTICLE V: Suffrage
ARTICLE VI: Legislative Department
ARTICLE VII: Executive Department
ARTICLE VIII: Judicial Department
ARTICLE IX: Constitutional Commissions
ARTICLE X: Local Government
ARTICLE XI: Accountability of Public Officers
ARTICLE XII: National Economic and
Patrimony
ARTICLE XIII: Social Justice and Human
Rights
ARTICLE XIV: Education, Science and
Technology, Arts, Culture, and Sports
ARTICLE XV: The Family
ARTICLE XVI: General Provisions
ARTICLE XVII: Amendments or Provisions
ARTICLE XVIII: Transitory Provisions

iii. Constitutional Law Research
-The broad topic of constitutional law
deals with the interpretation and
implementation of the Philippine
Constitutions.
-A good way to conduct Constitutional
Law Research is to look at the
Constitutional Convention proceedings.
The Constitutional Convention
proceedings provide for the intent and
background of each provision of the
Constitution.

iv. Steps in Constitutional Research
i. Step 1: Find a good constitutional
law
ii. Step 2: Find a good case
iii. Step 3: Find other relevant cases

v. Textbooks/Treaties
i. 1987 Constitution
ii. Provisional/Freedom Constitution
(Proclamation No. 3, s. 1986)
iii. 1973 Constitution
iv. 1935 Constitution
v. Comparative

vi. Constitutional research via the Internet
vii. Constitutional Convention Proceedings
viii. Other websites with full texts of the
Philippine Constitutions

2. STATUTES
i. Definition of Law.
Law- is a body of rules of action or
conduct prescribed by controlling
authority, and having binding the legal
force; must be obeyed and followed by
citizens subject to sanctions or legal
consequences is a law.
ii. Philippine Statutes include:
i. Statutes enacted by legislature;
ii. Presidential Decrees (PD) and
Executive Orders (EO) issued by
the President in the exercise of
legislative power;
iii. Rulings of the Supreme Court
interpreting the law;
iv. Rules and regulations
promulgated by administrative or
executive officers pursuant to
delegated power;
v. Ordinances passed by
Sanggunians of local government
units

iii. Sources of Philippine Statutes
Statutes- is an act of the legislature as an
organized body politic, expressed in the
form, and passed according to
procedure, require to constitute it as a
part of the law of the land
i. Philippine Commission- Public
Acts
ii. Philippines Legislature-
Commonwealth Acts
iii. Batasang Pambansa- Batas
Pambansa
iv. Congress of the Philippines-
Republic Acts
v. P.D.s issued by the President
during the Martial Law Period
vi. E.O.s issued by the President
during the revolutionary period.
vii. Sharias Law

iv. Philippines Legislative Enactments
i. Acts- 4,275 public acts enacted by
the Philippines Assembly from
1901-1935. (Act No.___)
ii. Commonwealth Acts- 733 laws
passed from 1935-1946.
(Commonwealth Act No. ___)
iii. Batas Pambansa- 844 laws
passed by the Batasang Pambansa
(Philippine Parliament) from
1979-1985 (Batas Bilang ___)
iv. Presidential Decrees- 2,034
enactments of the President from
1972-1986 when the Philippines
was under Martial Law.
(Presidential Decree No. ___)
v. Republic Acts- Congressional
enactments from the declaration
of Philippine Independence in
1946 until the declaration
resumed in 1987 when the present
congress was organized under the
1987 Constitution. 9,482 R.A.
(Republic Act No. ___)
vi. Executive Orders- 302 E.O.
(Executive Order No. ___)
vii. Sharias Law

v. Primary And Secondary Statutory
Authorities
i. Primary Statutory Authorities- are
official enactments of the
Congress of the Philippines , and
the ordinances and laws of the
local governments.

Statutory law: Constitution,
treaties, statutes proper or
legislative enactments,
municipal charters, municipal
legislation.

Mandatory (Binding)
Persuasive (Non-Binding)

- are the rules of law and binding
upon the courts, government,
and individuals

ii. Secondary Statutory Authorities-
are descriptions of, or
commentary on, the law. This
Category includes law review
articles, treatises, Restatement of
the Law, legal encyclopedias and
other similar items.
- Can be used only as
persuasive authority
- Vary widely in their relative
weight as persuasive
authority.

vi. Official and Unofficial Sources
i. Official Sources of Statutes- are
those published by Congress of
the Congress of the Philippines,
the issuing agency itself or the
official repository, the Official
Gazette.
Republic Acts- published in the
Official Gazette published by the
National Printing Offices.
ii. Unofficial Sources of Statutes- are
generally commercially published
materials.

vii. Annotated Laws and Unannotated Laws.
i. Annotated source- publish the text
of the law with augmenting
information; can include case
summaries, citations to cases
interpreting the law, referrals to
relevant periodical articles,
legislative history editorial notes,
and analysis.
ii. Unannotated source- publish bare
text of the law.

3. TERMS USED IN LEGISLATION

i. Bill- a written plan or draft for a
proposed law when it is introduced in
Congress or a state legislature. Passed
by both houses and President or a state
governor, it becomes a law and will
usually be published to its bull number
in a publication called Session Laws or
Statutes at Large

ii. Bill Number- Bills are referred to by a
number. HB (House bill), SB (Senate
bill)

iii. Citation- Formal references to statutes
that describe the law. (Ex. Republic Act
number 9372- Human Security Act of
2007)

iv. Code- refers to the main body of
statutes of the jurisdiction (Ex. Civil
Code of the Philippines, RPC, Labor
Code, Milk Code)
v. Engrossed Bill- is engrossed when a
legislative body (House) votes to
approve it and sends it on to the other
legislative body (Senate)

vi. Enrolled Bill- is enrolled when both
houses of a legislative body have voted
to approve it and it has been sent to the
executive branch (President or a state
governor) for signing.

vii. Legislative History- Assorted
materials generated in the course of
creating legislation, including
committee reports, analysis by
legislative counsel, floor debates, and a
history of action taken.

viii. Session Laws- when bills become law,
they are published in a text according to
the sessions of the legislature that
enacted them into law.

ix. Statutes at Large- Refers to session
laws

x. Statutory Schemes- Groups of statutes
that relate to one particular subject.

4. EFFECT AND APPLICATION OF
LAWS

i. Date of Effectivity of Laws: Requirement
of Publication Indispensable- (Article 2
NCC)
ii. Newspaper of General Circulation (EO
No. 200, such publication may be in a
newspaper of general circulation in the
Philippines)
i. It is published for the
dissemination of local news
and general information;
ii. That it has a bona fide
subscription list of paying
subscribers;
iii. That it is published at regular
intervals.
iv. It is not a newspaper devoted
to the interest or published for
the entertainment of a
particular class, procession,
trade, calling, race or religious
denomination

iii. Effectivity
i. General Rule: All statutes,
including those of local
application and private laws,
shall be published as a
condition for their effectivity,
which shall begin fifteen days
after publication.
ii. Exception: Unless a different
effectivity is fixed by the
legislature

iv. Publication is Sine Que Non to the
effectiveness or Enforceability of Laws:
Scope of Publication
i. General Rule: Covered by this
rules are presidential decrees
and executive orders
promulgated by the President
in the exercise of legislature
powers or, at present, directly
conferred by the Constitution.
Administrative Rules and
Regulations must also be
published if their purpose is to
enforce or implement existing
law pursuant also to a valid
delegation.

ii. Exceptions to the Rule:
a. Interpretative
regulations and those
merely internal in
nature, that is,
regulating only the
personnel of the
administrative agency
and not the public, need
not be published.
b. Rulings of the Supreme
Court
iii. Publication is Indispensible in
Every Case- unless it is
otherwise provided refers to
the date of effectivity and not
to the requirement of
publication itself, which
cannot in any event be
omitted. This clause does not
mean that the legislator may
make the law effective
immediately upon approval,
or any other date without its
previous publication.

iv. Publication must be in Full

v. Publication therefore is not
the same as Effectivity

vi. Ignorance of the law excuses
no one from compliance
therewith. Ignorance of law is
want of knowledge or
acquaintance with the laws of
the land insofar as they apply
to the act, relation, duty, or
under consideration.

vii. Laws shall have no retroactive
effect, unless the contrary is
provided. Laws are generally
prospective in application and
not retroactive unless the laws
themselves provides for their
retroactivity.

5. ANATOMY OF THE STATUTES
i. Title- the Constitution provides that
every bill passed by Congress shall
embrace only one subject which shall be
expressed in the title thereof.
ii. Enacting Clause- is that part of the
statute written immediately after the title
thereof which states the authority by
which the act is enacted
iii. Preamble- us a prefatory statement or
explanation or a finding of facts, reciting
the purpose, reason or occasion for
making the law to which it is prefixed.
iv. Purview of the Statute- tells what the
law is about; is the body of the statute.
v. Separability Clause- states that if for
any reason, any section or provision of
the statute is held to be unconstitutional
or (invalid), the other section(s) or
provision(s) of the law shall not be
affected thereby.
vi. Repealing Clause- indicates clearly the
legislative intent to repeal all prior
inconsistent laws on the subject matter
whether or not the prior law is a special
law.
i. Implied Repeal- ex. General
Repealing Clause reads as All
laws, P.D.s, E.O.s, rules and
regulations, or parts thereof,
inconsistent with the
provisions of this Act, are
hereby repealed or modified
accordingly.
ii. Express Repeal- identifies
or designates the act/s that
are intended to be repealed.

Without a repealing clause- a latter
general law will ordinarily not repeal a
prior special law on the same subject as
the latter is generally regarded as an
exception to the former.
vii. Effectivity Clause- states the date that
the law will become effective.

6. STATUTORY RESEARCH
i. Statutory research process - the process
of finding the statutory law that applies
to a problem.
a. 1
st
step- determination of
whether the statute governs
this situation in any way.
b. 2
nd
step- to read the statute
and identify what is required
for the statute to apply.
c. 3
rd
step- the application of the
elements to the facts of the
legal problem.
ii. How to find Statutes Via Internet-
Congress Website
iii. How to Find Statutes via Internet-
Official Senate Website.
iv. How to Find Statutes via Internet
v. How to Find statutes using the Chan
Robles Virtual Law Library
vi. How to Find Statutes Using the Lawphil
project of the Arelleno Law Foundation.
vii. How to find Statutes Using the Website
of the Office of the Press Secretary
viii. How to Find statutes Using the Yahoo
Search Engine
ix. How to Find Statutes Using the Google
Website
x. How to Search for Statutes using Printed
Materials.
xi. Other internet sites

7. GENERAL PRINCIPLES OF
STATUTORY CONSTRUCTIONS AND
INTERPRETATIONS- HOW TO
INTERPRET STATUTES

i. Construction- the process of drawing
warranted conclusions not always
included in direct expressions, or
determining the application of words to
facts in litigation
ii. Interpretation- the art of finding the
true meaning and sense of any form of
words
iii. Where the Terms of the Statute are
clear and Unambiguous, Just
Apply the Law.
iv. Intent of the Law prevails
v. Criminal Statutes are to be
Construed Strictly- The rule that
penal statutes are given a strict
construction is not the only factor
controlling the interpretation of such
laws; instead, the rule merely serves as an
additional, single factor to be considered
as an aid in determining the meaning of
penal laws
vi. Supreme Court Cannot Expand the
Law- it is an elementary rule of the
statutory construction that the spirit of
intent of the law should not be
subordinated to the letter thereof
- The will of the legislature cannot be
overturned by the judicial function of
construction and interpretation.
- Courts cannot take the place of
Congress in repealing statutes.
vii. Between a Specific and a General
Rules, the Former Prevails- It is a canon
of statutory construction that a special
law prevails over a general law-
regardless of the dates of passage- and
the special is to be considered as
remaining an exception to the general.
viii. Expressio Unius est Exlusio
Alterius- it is an elementary rule of
statutory construction that the expressed
mention of one person, thing, act, or
consequence excludes all others.
ix. Principle of Ejusdem Generis- where
general terms follow the designation of
particular things or classes of persons or
subjects, the general term will be
construed to comprehend those things or
persons of the same class of the same
nature as those specifically enumerated
x. Shall versus May- SHALL is nothing
if mandatory; is a word of command, and
one which has always and which must be
given a compulsory meaning, and it is
generally imperative or mandatory.

8. STATUTORY LAW RESEARCH
TECHNIQUE
i. Descriptive Word Approach- requires one
to determine which words or phrases
relate to the issues one is researching and
then locate those words and phrases in
the general index, which will then direct
him to the appropriate statute or
jurisprudence.
ii. Title/Topic Approach- may be used when
one has become so familiar with the
Philippine code or statute that he
bypasses the general index and
immediately locate the particular chapter
or title that deals with the research
problem
iii. Popular Name Approach- locating statute
or jurisprudence is used in those instance
in which a statute or jurisprudence is
known by the popular names.

9. CODE
(a) Code- is a systematically arranged and
comprehensive collection of laws,
scientifically organized on a particular
subject.
i. New Civil Code- is a compilation
of laws about person, human
relations, property, succession,
and other civil relations
ii. Labor Code- is a compilation of
laws involving employer-employee
relationship
iii. Family Code- is a compilation of
laws related to family relation.
iv. Code of Commerce- is a
compilation of laws related to
mercantile
v. Revised Penal Code- is a
compilation of laws that define
crimes and provide punishment
for crimes

(b) Philippine Code- 1901 to present (P.231)
(c) Philippine Code and their Suggested
Citation (P232)

10. Summary of Statutes of the Philippines (P.
233)

Chapter 12
LEGISLATIVE HISTORY RESEARCH

1. Getting Started
a. Deciding on Research Goals
b. Gathering information
i. Session law number
ii. Bill number(s)
c. Compiled Legislative Histories
2. Statute Law Books (P. 236)
3. Statute finder Index (P. 238)
4. Sources and Types of Legislative History
documents
a. General Information- Sources of
Philippine legislative history documents
are the House of Representative and the
Philippine Senate
b. Bill History- House of Representative
Website
c. Hearings
d. Committee Prints
e. Floor Debates- Occurs after a bill has
been reported out of the committee and
includes comments made about the bill
by sponsors and other legislators during
considerations or a bill on the floor.
f. House Journals
g. Presidential Statements- Presidential
statements can sometimes be used in
legislative history to indicate the
Presidents opinion about the purpose

5. Researching Legislative History (House of
Representative)
a. Steps in Legislative History Research
Using the House Representative (HOR)
Website
(P. 241)

6. Researching Legislative History (Senate)
(P. 244)

Chapter 13
CASE LAW RESEARCH

1. Introduction
a. CASE LAW- refers to the creation and
refinement of law in the course of
judicial decisions
- General term for that great class of
official literary manifestations of law
made up of cases decided by courts
- It refers to the entire collection of
published legal decisions of the
courts which, because of Stare
Decisis, contributes a large part of
the legal rules which apply in
modern society.
b. JURISPRUDENCE- means the
science of law
- Has come to refer to case law, or the
legal decisions which were
developed and which accompany
statutes in applying the law against
situations of fact
c. COURT OPINION- often referred to
as a case, is the courts resolution of a
legal dispute and the reasons in support
of its resolution.
- When resolving disputes, courts
often interpret constitutional or
statutory provisions or crate law
when there is no governing law (in
exceptional cases only.
- The body of law that emerges from
court opinions is called the
COMMON or CASE LAW
d. CASE LAW PROPER- case law in the
Philippines are the decisions of the SC,
CA, Sandiganbayan, CTA, RTC, MTC,
Muslim Sharis Court
e. SUBORDINATE CASE LAW- are the
decisions of:
i. commissions and board with
express quasi-judicial powers;
ii. rulings of the administrative
officers;
iii. opinions of the Office of the
President
iv. opinions of the Secretary of Justice
v. opinions of the Solicitor General
and government corporate council
vi. opinions of the officers of
governmental agencies
vii. rulings of the Court Martial
f. VALUE OF STUDYING COURT
OPINION:
i. Helps you understand and interpret
constitutional provisions and
statutory law;
ii. Helps you understand the litigation
process;
iii. Provides insight into the structure of
legal analysis and legal argument;
iv. Provides a guide to legal writing.
g. VALUE OF CASE BRIEFS- is a written
summary of a court opinion the presents,
in an organized format, all the essential
information of the opinion.
i. Saves an attorney the time of
reading the case.
ii. Serves as a valuable learning tool
iii. Is a reference tool
iv. Is a writing tool

2. Decision of a Court is its Judgment of a Case
- It is only the decisions of the Supreme
Court that establish jurisprudence or
doctrines in the Philippine Jurisdiction.
- Doctrine of Binding Precedent, or Stare
Decisis.
- An opinion is a statement by a court of
the reasons for the decisions of a case
- It is the decision and not the opinion of
the court which settles the point of law
involved and makes the precedent
- Only the SC itself could overturn its
decisions though an En Banc Decision
(decision decided when all justices of the
SC are present)

i. THE DOCTRINE OF BINDING
PRECEDENT, OR STARE DECISIS- a
basic principle of the law whereby once a
decision (a precedent) on a certain set of
facts has been made, the courts will apply
that decision in cases which subsequently
come before it embodying the same set of
facts; lies at the <3 of the Philippine Legal
System
- The doctrine refers to the fact that,
within the hierarchical structure of the
Philippine courts, a decision of a
higher court will be binding on a court
lower than it in that hierarchy.

ii. PRECEDENT- a case which establishes
legal principles to a certain set of facts,
coming to a certain conclusion, and which
is to be followed from that point on when
similar or identical facts are before a
court.
*RATIO DECIDENDI of the case sets the
precedent while a mere OBITER DICTUM
does not.

iii. IDENTIFYING THE HOLDING OF
THE CASE
1. RATIO DECIDENDI- Reason for
deciding or the reason for the
decision, it refers to the logic of a
ruling.
- The statement of the law applied
in deciding the legal problem
raised by the concrete facts of the
case. It answers exactly or bulls
eye the issue of the case

2. OBITER DICTUM- a remark by the
way
- Any statement of law that is not an
essential part of the ratio decidendi
is, strictly speaking, superfluous;
and any such statement is referred
to obiter dictum (obiter dicta-
plural),
- It is an observation by a judge on a
matter not specifically before the
court or not necessary in
determining the issue before the
court; a side opinion which does
not form part of the judgment for
the purposes of Stare Decisis.
- Is an opinion uttered by the way,
not upon the point or question
pending, as if turning aside from
the main topic of the case to
collateral subjects, or the opinion
of the court upon any point or
principle which it is not required to
decide, or an opinion of the court
which does not embody its
determination and is made without
argument or full consideration of
the point, and is not the professed
deliberate determination of the
judge himself.

iv. ADVANTAGES OF JURISPRUDENCE
- Consistency
- Certainty
- Efficiency
- Flexibility

v. FOREIGN JUDGMENTS ARE NOT
BINDING IN THE PHILIPPINE
JURISDICTION BUT ARE
PERSUASIVE

3. Doctrine of Res Judicata
- Is a judicially created doctrine, which
may be said to exist as an obvious rule of
reason, justice, fairness, expediency,
practical necessity, and public
tranquillity
- Philosophy of the Doctrine of Res
Judicata is that parties should not be
permitted to litigate the same issue more
than once.
- Is a rule which pervades every well-
regulated system of jurisprudence and is
founded upon two grounds embodied in
various maxims of the common law:
(1) Public Policy and necessity which
makes it to the interest of the State
that there should be an end to
litigation-REPUBLICAE UT SIT
LITIUM
(2) the hardship on the individual that
he should be vexed twice for the same
cause- NEMO DEBET BIS VEXERI
ET EADEM CAUSA
- Elements:
(1) The former judgment was final;
(2) the court rendered it had
jurisdiction over the subject matter
and the parties;
(3) the judgment was on the merits;
(4) the parties, subject matters and
causes of action in the first and second
actions are identical
- Aspects, to wit:
(1 ) the effect of a judgment as a bar to
the prosecution of a second action
upon the same claim, demand or
cause of action;
(2) preclude relitigation of a particular
fact or issue in another action between
the same parties on a different claim
or cause of action

4. Anatomy of a case
- Starts in the trial court (RTC/MTC)
- May end up being appealed to a higher
court (CA/SC)
- PONENCIA- when an appellate court
has reviewed the transcripts of the
trial, the briefs or memorandum the
court will render its decisions of
writing.
- It is the published decisions
of these appellate or supreme
courts that make up the most
of the cases one will find in a
law library or on the internet
- The books they published in
are called case reports or
reporters

i. CASE NAME
1. Matibag
(petitioner/plaintiff) v.
(Versus) Benipayo
(defendant)
2. Criminal Case: People
(plaintiff/The People of the
Philippines) v. Cruz
(defendant)
3. Civil or special Proceeding:
Republic (Solicitor General)
v. Cruz
4. In re Matibag- In re
means regarding or in the
matter of
5. In re Juan M or In re
J.M.- Initials
6. Ex parte Cruz. Ex Parte
in the title of a case indicates
that the name following is
that of the party upon whose
behalf the case is heard
7. Ex rel Matiba. Ex rel in
short for ex relatione
meaning upon relation or
information
8. Benipayo Et.al.- multiple
respondents
ii. THE DOCKET NUMBER ex. G.R.
No. 1234567 means Government
Record Number

iii. THE COURT- the name of the court
that wrote the decision

iv. THE DATES-Most decisions include
the date that the case was argued and
the date the court issued the decision
v. THE PONENTE- is the judge who
penned the decision
1. Ponente and Ponencia
Distinguished:
PONENTE- is the justice who
penned the decisions.
PONENCIA- refers to the
whole case report; Spanish
word report

vi. THE CASE SYNOPSIS OR
SUMMARY

vii. NAME OF THE COUNCEL- Names
and location of the law firms and the
individual attorneys in those firms
who represented the appellant and
appellee will be provided in the
decision.

viii. THE OPINION
Types:
- MAJORITY OPINION- are those written
by a member of the majority after the
court reached its decision; the ratio
decidendi or the holding announced by
the majority opinion is the law and
serves as binding authority on lower
courts in the Philippines.
- PER CURIAM OPINION- is one in
which all the justices are of one mind
and whish is so clear that they do not
deem it necessary to elaborate it by an
extended discussion.
- CONCURRING OPINION- these are
opinions written by justices who agree
with the actual result reached in a case.
- DISSENTING OPINION- are those
written opinion by the minority.
- MEMORANDUM OPINION- provide
the holding or result but little, if any,
reasoning therefore; not encouraged
- EN BANC OPINION- in the bench or
full bench

*Only the Majority opinion is
the law that is binding on
lower courts.
*Dissenting and concurring
opinions are not the law and
they are persuasive.
*Only Majority opinions are
mandatory authorities.

ix. THE DECISION- the final element
in a case
May be:
- to affirm or uphold the
determination of the lower
courts;
- To reserve or overturn the
determination reached below; pr
- To remand or return the case to
the lower court for further action
consistent with the courts
findings
- The court may also vacate a case
or dismiss it entirely.

x. ATTESTATION AND
CERTIFICATION

5. Publication of cases
- Compilation of judicial decisions are
printed in case reports or reporters
- SCRA/ Supreme Court Reports
Annotated (Central Lawbooks Inc.)
- SCAD/ Supreme Court Advance
Decisions (Rex Bookstore)
- Digests- usually the best source to locate
cases on a specific topic.

a. Slip Opinions and Advance Sheets
b. Official and unofficial Publication
i. OFFICIAL- Philippine
Reports; Official Gazette
ii. UNOFFICIAL- SCRA,
SCAD, Lex Libris.
c. Law Reports
d. Electronic Formats
e. Case or court reports
f. Case law citation


6. Case Law Citation
a. Court decisions
Courts Citation
SC decisions G.R. No. __
Date of
promulgation
CA decisions C.A.-G.R.
NO.___-R,
CV, CR, or SP,
dop.
Sandiganbayan
decitions
Sandiganbayan
Crim Case
No.___
Dop.
RTC RTC (place&
branch no.)
Civil or
Criminal Case
No. ___
Dop.
MTC MTC, MCTC,
MeTC MTCC
(place &
Branch No.)
Civil or
Criminal Case
No.____
Dop.
Sharis District Sharis
and Circuit
Courts
District/
Circuit. Court
(Place)
Case no.___,
Dop.

b. Administrative Decisions

7. Case Law research
Chapter 14
CASE BRIEF AND MEMORANDUM
1. Importance of Legal Memorandum
(P.273)
3 reasons why:
- It serves as a checklist for research
- To provide you with an accessible
record of the fruits of your research
after time has erased the memories
from your mind.
- To communicate the results of your
research to someone else.

2. Elements of a Legal Memorandum

LEGAL MEMORANDUM- is a highly
structured type of writing that follows
certain conventions.
- A statement of the facts
- A statement of the issue/s
- A decision or holding on the
issue/s
- A discussion of the reasoning
underlying the holding.

3. Anatomy of a Legal Memorandum
a. Heading- author and recipient
b. Facts- list of relevant facts on which
you have relied in researching and
preparing the memorandum;
assumptions; objective and clearly
c. Issues- crucial; correct legal issues
d. Conclusions-crisp, clear, responsive
answer
e. Discussions: classic formulation
- I- state the legal ISSUE
- R- determine the applicable legal
RULE
- A- APPLY the legal rule to your
facts
- C- state your CONCLUSION on
the legal issue.

4. Internal and External Memorandum

INTERNAL MEMORANDA- are intended
solely for ones own use or the use of the
law firm.
EXTERNAL MEMORANDA- commonly
called briefs or memoranda of points
and authorities, or memoranda of laws
are documents ordinarily submitted to
the court in the course of a lawsuit to
advance a particular position with the
utmost vigor.

5. Internal Consistency of Legal
Memoranda
a. Be Objective
b. Be Specific
c. Be Complete

6. Additional Points for Legal Researchers
(P.278)
- It is usually a good idea to list the
resources that you have checked, even
if some or many of them did not pan
out
- Keep your sentences short and avoid
jargon when possible
- All statements about what the law is
should be supported by some primary
legal authority, such as statutes,
regulations, cases or ordinances.

7. How to Prepare a Legal Memorandum
(p.278)

8. How to Prepare a Case Brief
a. Name of the case
b. Citations- all parallel citations should
be included as well as the date of the
decisions
c. Procedural history- brief summary of
the holdings of any previous courts
and the disposition of the case by this
court; describes how the case got to
this court and how the court resolves
the case
d. Statements of Facts- contains the
summary of the relevant facts of the
case
e. Issue- courts will state the issue of the
case
f. Answer- yes/no; reasons
g. Reasoning- most important part of the
brief; fully discuss the reasons by
which the court reached its decisions
h. Holding- affirmed, dismissed,
reversed

9. Case Brief Form (P. 280)

10. Same Case Brief (p.281)
CHAPTER 15

TREATIES AND ADMINISTRATIVE LAW
RESEARCH (P.283)
1. Treaties and Administrative regulations are
Laws
2. Research on treaties and other International
Agreements
a. Official text of treaties- Official Gazette,
Department of Foreign Affairs Treaty
Series (DFATS), United Nations Treaty
Series (UNTS), UP Law Centers
Philippine Treaty Series (PTS)
b. Latest treaties- DFA & SP
3. Administrative Rules and regulations
- Are orders, rules and regulations issued
by the heads of Departments, Bureau
and other agencies of the government
for the effective enforcement of laws
within their jurisdiction
- In order to be valid, they must be within
the authorized limits and jurisdiction of
the office issuing them and in
accordance with the provisions of the
law authorizing their issuance.
4. Administrative Rules and Regulations
Research
5. Strategies for researching administrative
Materials
a. Undertake Background Research
b. Take Note of Procedural Rules
c. Find out What Published Sources are
available
d. Make Use of Electronic Sources
e. Update Thoroughly
f. Use Informal Sources.
6. Using Loose-leaf Services: Basic Pointers
- LOOSE-LEAF SERVICES- a consolidated
source that contains the full text of
primary sources such as statutes,
regulations, and both judicial and
administrative decisions, all related to a
specialized are of law
7. How to search for Administrative Rules and
Regulation
1. LawPhil Website Search for treaties and
administrative laws.
8. Philippine On-line Sources
1. Supreme Court E-Library.
a. Executive Issuances- contains rules and
regulations issued by the President
such as:
i. Executive Orders
ii. Administrative Orders
iii. Memorandum Orders/
Memorandum Circular
iv. Proclamations
CHAPTER 16
SECONDARY AUTHORITY (P.293)
1. Secondary legal Authorities
i. Kinds
- Descriptions of, or commentary on, the
law.
- Law review articles, treatises,
Restatements of the Law, legal
encyclopedias and etc.
- Used only as persuasive authority
- Does not have binding effect but aids in
explaining what the law is or should be
ii. Annotated Statutory Compilation
iii. Case Digest
iv. Purposes of Secondary
- Explains the primary authorities
- Can be invaluable aids to the
researcher
- Consists of research resources the
summarize, compile, explain, comment
on, interpret, or in some other way
address the law
- Provide a springboard for beginning a
research project
o To obtain background
information and an overview of
an unfamiliar subject areas
o To obtain citations to primary
authorities to launch the
research
o To suggest further issues or
analytic approaches to the
problem
o To obtain a background or
overall understanding of a
specific area of the law (Legal
encyclopedias, treatises, and
periodicals)
o To locate primary authority (the
law) on question being
researched.
o To be relied upon by the court
when reaching a decision.
v. Study of Secondary Legal Authorities
Lead to the Primary Legal Authorities
vi. Guidelines for choosing a secondary
Authority

2. Using Legal Periodicals
- Legal periodicals publish articles on
legal topics in every area of the law
i. Finding Articles in legal journals and law
Reviews
ii. Law Reviews
iii. Other Legal Periodicals
iv. Searching Legal Journals Indexes

3. Searching for Articles In Full-Text
Databases
i. Finding Journals and Law Reviews-
Library
ii. General News Sources- Newspapers

4. Using Legal Encyclopedias
- Provides a brief, integrated statement of
the law
- An enormous body of legal literature,
definitions, rules and practice points
derived mainly from case law
- Indexes and cross-reference

5. Using Treatises, Hornbooks, And Nutshells
i. Treatises- refers to an in-depth scholarly
work on a particular area
ii. Hornbooks, nutshells and Outlines

6. Using Restatements
- Presents a uniform statement of the law
for areas of the common law such as torts
and contracts.
- The product of the work of highly
competent scholars in each are of the law
and highly respected and valuable
resource tools frequently cited by the
courts
7. Tips For Using Secondary Sources
8. Practice Materials and Form Books
9. Dictionaries
10. International Treaties
11. Form Books
12. Treaties/ Textbooks
13. Philippine On-line Sources (Supreme Court
E-Library)
14. Some foreign Online Sources used in
Philippines Legal Research
- Findlaw.com
- Lexis
- Westlaw



CHAPTER 17
ORGANIZING RESEARCH PROJECTS &
PRESENTING RESULTS (P. 319)
CHAPTER 18
LEGAL BIBLIOGRAPHY
2. Legal Bibliography
a. Bibliography
Divided: Enumerative/ Systematic
Category: Analytical/ Critical

b. Kinds of Bibliography
- Enumerative Bibliography
- Analytical Bibliography

c. Enumerative Bibliography:
Bibliography is a list, either indicative
or comprehensive, of works, and can
contain no more than a source in any
given singular bibliography: author,
subject, period published, mentioned
in, or relevant to, a particular work.

d. Analytical Bibliography:
- Descriptive- is the close
examination of the book as a
physical object, recording its
sized, format, binding...
- Historical- takes a broader view of
printing and publishing
- Textual-is another name for
textual criticism

2. Annotated Bibliography

a. ANNOTATED BIBLIOGRAPHY- a
bibliography that gives a summary of
the research that has been done.
b. Parts:
i. Describe the content (Focus) of
the item;
ii. Describe the usefulness of the
item;
iii. Discuss any limitations that the
item may have;
iv. Describe what audience the item
is intended for;
v. Evaluate the methods (research)
used in the item;
vi. Evaluate the reliability of the item;
vii. Discuss the authors background;
viii. Discuss any conclusions the
author(s) may have made;
ix. Describe your reaction to the item

c. Purpose of an Annotated Bibliography
i. A review of the literature on a
particular subject;
ii. Illustrate the quality of research
that you have done;
iii. Provide examples of the types of
sources available;
iv. Describe other items on a topic
that may be of interest to the
reader;
v. Explore the subject for further
research

d. Annotations vs. Abstracts

ABSTRACT- are the purely descriptive
summaries often found at the
beginning of scholarly journals articles
or in periodical indexes.

ANNOTATIONS- are descriptive and
critical they expose the authors point
of view, clarity and appropriateness of
expression, and authority

e. The Process of Annotation (p.330)

f. Sample Annotated Bibliography
(P.330)

3. Philippine Legal Bibliography (P.331)