Legal Research

-Process of finding the laws, rules and regulations that govern activities in
human society; it involves locating both the laws and rules which are enforced by
the state and the commentaries which explain or analyze these rules
-the investigation for information necessary to support legal decision making.
Legal research include each step of a process that begins with analyzing the facts
of a problem and concludes with applying and communicating the results of the
investigation
Need for Legal Research
1. A lawyer is required to provide competent representation
2. An effective legal research must become a part of every lawyers training
both to provide for competent representation and uphold the standards
of the legal profession
3. It is imperative upon a legal practioner to base his/her pleadings on legal
grounds and jurisprudence

Sources of Legal Research
A. Primary Sources
1. Statutes or Statutory Law
-Constitution, treaties, statutes proper, legislative enactments, municipal
charters, municipal legislation, court rules, administrative rules and
orders, legislative rules, and presidential/executive issuances
2. Jurisprudence or Case Laws
-Decisions or written opinions by courts and by persons performing
Judicial functions
-Also includes all rulings of administrative and legislative tribunals
B. Secondary Materials
--Publications which are not primary authority but which discuss or analyze
legal doctrine
--Includes treatises, commentaries and encyclopedia
--Law revies such as IBP journal and lawyers review
--Works of experts in the field which provide for persuasive influence
C. Finding Tools
-Provides for a topical approach to legal sources
ex. SCRA.,
Philjuris,
Lex Libris (Computer-based legal research system do not persuade, they
are only means for locating primary sources)
Other Classification of Legal Sources
A. Classification by Authority
1. Primary Authority
-The only authority binding in courts
-Legal materials of primary authority are those that contain law created by
government
Legislature-act, commonwealth act, RA, BP
Executive-Presidential issuances (PD, EO, MC, AO, Proclamations) rules and
regulations of diff. departments
Judiciary Judicial doctrines embodied in decisions, court issuances like
administrative orders, memorandum orders and circulars


Subclassifications
a. Mandatory Primary authority a law created by the jurisdiction in which
the law operates, like in the Philippines
b. Persuasive Mandatory Authority a law created by other jurisdictions but
which have persuasive value to our courts (ex. Spanish and American
Laws


B. Secondary Authority
-Sources are commentaries or books, treatise, writings, journal articles that
explain, discuss or comment on primary authorities
-Have persuasive effect (commentaries)

Classification by Source
1.Primary (official) published by the issuing agency itself or official repository
like OG/phil. Reports
2.Secondary(unofficial) Generally referred to as those commercially published
or those that are not published by government agencies
ex. Vital legal documents containing compilation of PD, RA, public law
annotated, commonwealth acts annotated
SCRA is a secondary source

Classification by Character
-refers to the nature of the subject treated in books
a. Statute law books
b. Case law books or law reports
c. Law finders




LEGAL RESEARCH PROCESS

Systematic approach to Legal Research
1.Identify and analyze the significant facts

T-Thing or subject matter
A-Cause of action or group of defense;
R-Relief sought
P-Persons or parties involved

2.Formulate the legal issues to be researched

3.Research the issues presented
a.Organize and plan
b.Identify, Read and Update all relevant constitutional provisions, statutes and
administrative regulations
c.Identify read and update all relevant case laws

4.Update

Case Briefing
A.Facts
B.Issues
C.Rulings


Doctrine of Precedent known also as Stare Decisis
-Decided cases are usually considered to be the primary
source of law and hence past decisions are generally
binding for the disposition of factually similar present
controversies (article 8 of the New civil code)
Stare Decisis- the doctrine that, when the court has once laid down a principle
of law as applicable to a certain state of facts, it will adhere to that principle and
apply it to all future cases where the facts are substantially the same.
(govt vs jalandoni 44 OG 1840)

Karle Decheesys -the doctrine that states Karl is very cheesy and romantic
(kagandahan vs kagwapuhan 143 scra 88) ;)

Stare Decisis et non movere- stand by the decisions and disturb not what is
settled

Res Judicata- a rule that as between the parties to the first judgment and their
privies it operates as a bar to a second action upon the same claim, not only as to
issues actually in litigation but also as to all matters which might have been
litigated therein, whereas in an action between them upon a difference cause it is
a bar only as to matters actually litigated.

Requisites for a judgment to be Res Judicata
1. The judgment must be final
2. The judgment must have been rendered by a court having jurisdiction
over the subject matter and parties and nature of the suit
3. The judgment must be on the merit or at least have the effect of an
adjudication on the merits
4. There must be between the first and second actions, identity of parties of
subject matter or causes of action or in certain cases, of reliefs prayed for

Reversal-Has reference to the action of the SC on lower courts judgments in the
same particular controversy when the SC reviews the judgment of the lower
court in a case and concludes the lower court reached an erroneous result in the
case, it will reverse or set aside the lower courts judgment

OverRuling-When the SC overrules one of its past decisions, the
conclusiveness of that earlier decision as a settlement of its particular
controversy is not affected, but the overruled decision is no longer an
authoritative precedent for other cases that may arise in the future

Ratio Decidendi the reasoning or principle upon which a case is based
Distinction as to a judgment- a judgment pronounces the disposition of the case,
the ratio decidendi provides the basic reason for such determination

Obiter Dictum- an opinion expressed by a court upon some question of law
which is not necessary to the decision of the case before it.
-a judges personal opinion on a collateral question uttered by the way
-a mere incidental expression of the views of the court

Plain Meaning Rule- Where the Statute is clear, plain and unambiguous on its
face, so that taken by itself it is fairly susceptible to only one construction that
construction must be given to it and any inquiry into the purposes, background
or legislative history of the statute is foreclosed.

Legislative Intention Rule- may be understood either in the specific sense of
the understanding of the legislators themselves as to the meaning of the
statutory language or in the general sense of the purpose that the legislative
sought to achieve by enactment of statute



Goodluck!!! Karl ;)