Professional Documents
Culture Documents
LEAGAL RESEARCH
Finding and assembling of authorities that bear on a
question of law
The field of study concerned with the effective
marshalling of authorities that bear on question of law
It may vary according to country and legal system
Importance of Knowing legal literature:
1. Conduct accurate and effective legal research
Problems in knowing legal literature:
1. Lack of printed law finders
2. Lack of complete printed compilation of statutes
and jurisprudence
3. Slow publication
Remedy: Use electronic sources
INTRODUCTION
Philippines - Background
7,107 islands with a land area of 299,740 sq. kilometers.
National Territory of the Philippines. Article I of the 1987
Constitution provides that the "national territory comprises
the Philippine archipelago, with all the islands and waters
embraced therein and all other territories which the
Philippines has sovereignty or jurisdiction."
Baselines:
o 1935 Constitution.
o Republic Act No. 3046 as amended by Republic Act
No.5446.
o Republic Act No. 9522,
approved on March 10, 2000
amended both laws and defined the archipelagic
baselines as Regime of Islands (section 2) ,
consistent with Art.121 of the United Nations
Convention of the Law of the Sea (UNCLOS),
Rodolfo Severino, wrote Clarifying the New
Philippines Baseline Law(Republic Act No. 9522)
purpose of the law is mainly to amend the existing
baselines act and to define the archipelagic
baselines of the Philippines.
Political Structure
The Constitution - fundamental law of the land, defined by
the 1987 Constitution, duly ratified in a plebiscite held on
February 2, 1987.
Philippines is a democratic and republican state where
sovereignty resides in the people and all government
authority emanates from them (Article II, section 1).
Government Structure
a) Pre-Spanish (before 1521)
The Barangays
o Unit of government structures before Spain
colonized the Philippines, headed by Datu.
o Datus were called Cabeza de Barangay during the
Spanish period.
o He governs the barangays using native rules, which
are customary and unwritten.
o 2 codes during this period:
1. the Maragtas Code issued by Datu Sumakwel of
Panay Island
2. Code of Kalantiao issued by Datu Kalantiano in
1433.
o Just like many ancient societies, trial by ordeal was
practiced.
b) Spanish period (1521-1898)
Magellan discovered the Philippines - Mactan Island
(Cebu) on March 16, 1521.
Royal decrees, Spanish laws, and/or special issuances of
special laws for the Philippines were extended to the
Philippines from Spain by the Spanish Crown through the
councils.
governor-general - The chief legislator, exercises
legislative functions by promulgating executive decrees,
edicts or ordinances with the force of law.
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GOVERNMENT STRUCTURE
Executive Branch
The President is vested with the executive power. (Art.
VII, sec. 1, 1987 Constitution).
The President is both the Chief of State (head of
government) and the Commander-in-Chief of all the
Armed Forces of the Philippines (Art. VII, sec. 18).
The Philippines has had fifteen (15) Presidents from
Emilio Aguinaldo to Benigno S. Aquino III.
Includes the Vice-President and the Secretaries of Heads
of the
Executive Departments and other Cabinet
officials
Both the President and the Vice-President are elected by
direct vote of the Filipino people for a term of six years.
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Legislative Department
Vested in the Congress of the Philippines, consisting of
the Senate and the House of Representatives (Art. VI,
sec.
Senate of the Philippines
o 24 Senators elected at large, term of not more than
six (6) years. And not more than two consecutive
terms. (Art VI, sec. 4).
o The Senate is led by the Senate President, Pro
Tempore, Majority Leader and the Minority Leader.
o The Senate President is elected by majority vote of
its members.
o (36) permanent committees
o (5) oversight committees.
o The sole judge of contests relating to election,
returns and qualifications of members of the Senate
rests with the Senate Electoral Tribunal (SET), which
is composed of nine members, three of whom are
Justices of the Supreme Court and six members of
the Senate. (Art. VI, sec. 17).
House of Representatives
o Not more than (250) members, elected by legislative
districts for a term of three years, not more than
three consecutive terms.
o The party-list representatives, who come from
registered national, regional and sectional parties
and organizations, shall constitute twenty percent
(20%) of the total number of representatives. (RA
No. 7941), which was approved on March 3, 1995.
o Officials - Speaker of the House, Deputy Speaker for
Luzon, Deputy Speaker for Visayas, Deputy Speaker
for Mindanao, Majority Leader, and Minority Leader.
o The Speaker of the House is elected by majority vote
of its members.
o (57) standing committees
o (16) special committees
o The sole judge of contests relating to election,
returns and qualifications of members of the House
of Representatives rests with the House of
Representatives Electoral Tribunal (HRET) which is
composed of nine members, three of whom are
Justices of the Supreme Court and six members of
the Senate.(Art. VI, sec. 17).
Judicial System
Judicial power rests with the Supreme Court and the lower
courts, as may be established by law (Art. VIII, sec. 1). With
fiscal autonomy.
The Rules of Court and the rules and regulations issued by
the Supreme Court - define the rules and procedures of the
Judiciary.
Department of Justice Administrative Order No. 162 dated
August 1, 1946 - Canon of Judicial Ethics.
Supreme Court of the Philippines promulgated a new Code of
Judicial Conduct for the Philippine Judiciary effective June 1,
2004 (A.M. No. 03-05-01-SC),
The Supreme Court promulgated on June 21, 1988 the Code
of Professional Responsibility for the legal profession.
A Code of Conduct for Court Personnel (A.M. No. 03-06-13SC) was adopted on April 13, 2004, effective June 1, 2004
Supreme Court of the Philippines
o The barangay chiefs exercised judicial authority prior to
the arrival of Spaniards in 1521.
o The Royal Audencia was
established on May 5, 1583,
composed of a president, four oidores (justices)
and a fiscal.
exercised both administrative and judicial
functions.
Became Audencia Territorial de Manila with two
branches, civil and criminal.
Royal Decree issued July 24, 1861 converted it to a
purely judicial body wherein its decisions were
appealable to the Supreme Court of the Philippines
to the Court of Spain in Madrid.
Suspended by General Wesley Merrit
o re-established the Audencia on May 29, 1899 by virtue
of General Order No. 20.
Cayetano Arellano as the first Chief Justice
Filipinization of the Supreme Court started only
during the Commonwealth, 1935.
Administrative Code of 1917 provided for a
Supreme Court with a Chief Justice and eight
associate Justices, increased to 11 with two
divisions of five members each.
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Sandiganbayan
To maintain integrity, honesty and efficiency in the
bureaucracy and weed out misfits and undesirables in
government service (1973 Constitution (Art. XIII, sec. 5) and
1987 Constitution (Art. XI, sec. 4)).
Restructured by PD No. 1606 as amended by RA No. 8249.
Composed of a Presiding Justice and fourteen (14) Associate
Justices still in five Divisions of three (3) Justices each.
Court of Tax Appeals
Created by RA No. 1125 on June 16, 1954,
Review tax cases.
Same level as the Court of Appeals as per RA 9282.
Composed of six justices.
The Court of Tax Appeals has exclusive appellate jurisdiction
to review by appeal the following:
1. Decisions of the Commissioner of Internal Revenue in
cases tax cases
2. Decisions, orders or resolutions of the Regional Trial
Courts in local tax cases originally decided or resolved by
them in the exercise of their original or appellate
jurisdiction;
3. Decisions of the Commissioner of Customs in cases
involving liability for customs duties and matters arising
under the Customs Law or other laws administered by
the Bureau of Customs.
4. Decisions of the Central Board of Assessment Appeals
involving the assessment and taxation of real property
originally decided by the provincial or city board of
assessment appeals;
5. Decisions of the Secretary of Finance on customs cases
adverse to the Government under Section 2315 of the
Tariff and Customs Code;
6. Decisions of the Secretary of Agriculture in the case of
nonagricultural product, commodity or article, and the
Secretary of Agriculture in the case of agricultural
product, commodity or article, involving dumping and
countervailing duties under Section 301 and 302,
respectively, of the Tariff and Customs Code, and
safeguard measures under R.A. No. 8800, where either
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Sharia Courts
These special courts were created by sec. 137 of
Presidential Decree No. 1083 or the Code of Muslim
Personal Laws.
Regional Trial Court Judge and should also be learned in
Islamic law and jurisprudence.
Subject to the administrative supervision of the Supreme
Court. Appointment of judges, qualifications, tenure,
and compensation are subject to the provisions of the
Muslim Code (Presidential Decree No. 1083. SDCs and
SCCs have the same officials and other personnel as
those provided by law for RTCs and MTCs, respectively.
Quasi-Courts or Quasi-Judicial Agencies
belonging to the Executive Department, but are
empowered by the Constitution or statutes to hear and
decide certain classes or categories of cases.
Empowered by the Constitution:
1. Civil Service Commission,
2. Commission on Elections
3. Commission on Audit.
Quasi-judicial agencies empowered by statutes are:
1. Office of the President.
2. Department of Agrarian Reform,
3. Securities and Exchange Commission,
4. National Labor Relations Commission,
5. National Telecommunication Commission,
6. Employees Compensation Commission,
7. Insurance Commission,
8. Construction Industry Arbitration Commission,
9. Philippine Atomic Energy Commission,
10. Social Security System, Government Service Insurance
System,
11. Bureau of Patents, Trademark and Technology,
12. National Conciliation Mediation Board,
13. Land Registration Authority,
14. Civil Aeronautics Board,
15. Central Board of Assessment Appeals,
16. National Electrification Administration,
17. Energy Regulatory Board,
18. Agricultural Inventions Board
19. Board of Investments.
Decisions of these quasi-courts can be appealed to the
Court of Appeals except those of the Constitutional
Commissions: Civil Service Commission, Commission on
Elections and the Commission on Audit, which can be
appealed by certiorari to the Supreme Court (Art. IX-A, sec.
7).
Other Judicial Procedures
1. Katarungang Pambarangay - Presidential Decree No.
1508, took effect December 11, 1978, and established a
system of amicably settling disputes at the barangay
2.
3.
4.
Constitutional Commissions
Civil Service Commission
o Act No. 5 (1900), reorganized as a Bureau in 1905 and
established in the 1935 Constitution as Civil Service
Commission (RA 2260)
Commission on Elections
o Created by a 1940 amendment to the 1935 Constitution
whose primary function is to manage to maintain its
authority and independence in the conduct of elections,
exercises administrative, quasi-judicial and judicial
powers.
o It was however decreased to seven with a term of seven
years without re-appointment by the 1987 Constitution.
Commission on Audit
o Examine, audit and settle all accounts pertaining to the
revenue and receipts of and expenditures or uses of
funds and property owned or held in trust by or
pertaining to the Government including government
owned and controlled corporations with original
charters.
The Bangko Sentral ng Pilipinas (Central Bank) is considered
as a constitutional office in the official Philippine government
directory.
Local Governments
Article X of the 1987 Constitution provides for the territorial
and political subdivisions of the Philippines as follows:
province, cities, municipalities and barangays.
The 1991 Local Government Code or Republic Act No. 7160, as
amended by Republic Act No. 9009, provides the detail that
implements the provision of the Constitution.
Each territorial or political subdivision enjoys local autonomy
as defined in the Constitution. The President exercises
supervision over local Governments.
Each region is composed of several provinces
Province is composed of a cluster of municipalities and
component cities (Local Government Code, Title IV, Chapter 1,
sec. 459).
The Provincial government is composed of the governor,
vice-governor, members of the sangguniang panlalawigan and
other appointed officials.
The city - component or highly urbanized.
The city government is composed of the mayor, vice-mayor,
members of the sangguniang panlunsod (which is composed
of the president of the city chapter of the liga ng mga
1.
b.
b.
c.
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o
Executive Orders
o Administrative acts, orders and regulations of the
President touching on the organization or mode of
operation of the government, re-arranging or adjusting
districts, divisions or parts of the Philippines, and acts
and commands governing the general performance of
duties of public officials and employees or disposing of
issues of general concern
Executive Proclamation
o Those orders fixing the dates when specific laws,
resolutions or orders cease to take effect and any
information concerning matters of public moment
determined by law, resolution or executive orders
Administrative Rules and regulations
o 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. However, in order that such rules and
regulations may 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.
o Mandatory to file three (3) certified copies of their
orders, rules and regulations with the University of the
Philippines Law Center's Office of National
Administrative Register and are required to publish
quarterly in a publication called National Administrative
Register. Aside from the printed copies, the National
Administrative Register is available electronically on CDROM (CD Asia Technologies Inc.) and online at the
Supreme Court E-Library.
o University of the Philippines Law Centers Office of
National Administrative Register is not only tasked to
publish this quarterly register but must keep an up-todate codification of all rules thus published and
remaining in effect together with a complete index and
appropriate tables. Every rule establishing an offense or
defining an act, which pursuant to law is punishable as a
crime or subject to a penalty, shall in all cases be
11
Researching:
1. Proclamations, Administrative Orders, Executive Orders
and Memorandum Orders & Circulars of the President,
2.
3.
4.
5.
6.
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the Department of Labor and Employment and its
affiliated agencies and offices.
The Trade,
Commerce and Industry CD ROM includes Supreme
Court decisions, laws and issuances of its various
agencies such as the Department of Trade and
Industry, Board of Investments, Bureau of Customs,
Bangko Sentral and the Philippine Stock Exchange.
Annex 1 - Case laws and Supreme Court Decisions:
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13
Bar Associations
Integrated Bar of the Philippines - The official organization
for the legal profession is the Integrated Bar of the
Philippines (IBP), established by virtue of Republic Act No.
6397. This confirmed the power of the Supreme Court to
adopt rules for the integration of the Philippine Bar.
Presidential Decree 181 (1973) constituted the IBP into a
corporate body.
Philippine Bar Association is the oldest voluntary national
organization of lawyers in the Philippines which traces its
roots to the Colegio de Abogados de Filipinas organized on
April 8, 1891. It was formally incorporated as a direct
successor of the Colegio de Abogados de Filipinas on March
27, 1958. The other voluntary bar associations are the
Philippine Lawyers Association, Trial Lawyers Association of
the Philippines, Vanguard of the Philippine Constitution,
PHILCONSA, All Asia Association, Catholic Lawyers Guild of
the Philippines, Society of International Law, WILOCI, Women
Lawyers Association of the Philippines (WLAP), FIDA. The
Philippines is also a member of international law associations
such as the ASEAN Law Association, and LAWASIA.
Philippine Legal System
Electronic resources are the answer to:
a. The need for complete and up-to-date (or the latest) legal
information. Publishing or printing of books in the Philippines
takes time. The primary sources for laws and jurisprudence
(case law) are published by the Philippines National Printing
Office. The Official Gazette is published by the National
Printing Office, which makes it as a primary source.
b. Lack of the complete and up-to-date research tool (indexes,
citatory, digest) for both laws and jurisprudence.
c. Laws and jurisprudence in force in the early 1900s and are still
considered as good law are already too fragile. Publishing
books in electronic form has started.
A. Books and other published materials
a. Reference Materials:
- Agabin, Pacifico A. Mestizo; the Story of the Philippines
Legal System
1. Dictionaries
- Moreno, Federico. Law Dictionary. Manila: Rex Book
Store (2000)
- Khan, Ismael. Everybodys Dictionary of Philippine
Law. Manila: C & E (2007)
- Lee, German. Handbook of Legal Maxims. 2nd ed.
Q.C.: Central Book Supply (1998) 215p.
2. Form Books
- Altavas, E. Real Estate Conveyancing and Other Legal
Forms (1950)
- Duque. Philippine Legal Forms Plus. Q.C.: Central
Book Supply (2009)
Suarez. Legal Forms. Manila: Rex Book Store (2007)
314p.
3. Statutory Law:
a. Statutory Law Books Compilation
- Public Laws Passed by the Philippine
Commission. Manila: Bureau of Printing, (19031908). 6 vols
- Official Gazette. Manila: Government Printing
Office (National Printing Office). volume 1 to
present (1901- present) weekly online
- Laws and Resolutions.
Q.C.:
House of
Representatives (1987-Present). vol.1-presrent
- Congress of the Republic of the Philippines.
Manila: Bureau of Printing (1951).
- Laws and Resolutions of the Republic of the
Philippines. Manila: Bureau of Printing (1955).
27v.
b. Statute Finder (Index)
- Batasang Pambansa Library Service. Subject
Index to Presidential Decrees Nos. 1-2036. Q.C.:
Batasang Pambansa (1985)
- House of Representatives. Index Guide for
Executive Order Nos. 1-302.
Q.C.: House of
Representatives (1989)
- House of Representatives. Subject Index to
Compendium of Philippine Laws. Q.C.: House of
Representatives (1989). Vol.3
- Supreme Court Library Services. Subject Index to
the Official Gazette, 1945-1985.
Manila:
Supreme Court of the Philippines (1993) 2vols
- Philippine Annotated Laws. Manila: Lawyers
Cooperative Pub. V
c. Administrative Rules and Regulations
- National Administrative Register - Quarterly
publication of all governmental and department
orders, rules and regulations filed with the UP
Law Center pursuant to 1987 Administrative
Code (Executive Order No. 292)
- Official Gazette. Q.C.: National Printing Office
(weekly) Online
- Philippine Law Journals such as Ateneo Law
Journal, Court Systems Journal, Lawyers Review,
Philippine Law Journal, etc.
- Bulletin and/or Newsletter of the Administrative
Agency and Instrumentality is the latest source of
administrative regulations.
d. International Treaties
- Philippine Treaty Series. Q.C.: U.P. Law Center.
(1946- ) v.1
- Supreme Court E-Library (1948-2007) and CD
Rom
- Malaya, Eduardo. Philippine Treaties Index,
1946-2010. Q.C.: Central Book Supply (2010)
4. Case Law/Jurisprudence
a. Case/Court Reports
- Court of Tax Appeals decisions online
- Philippine Laws and Jurisprudence. Manila:
Current Events Digest, Inc. (1980) v.1-10
- Court of Tax Appeals decisions online
- Philippine Reports Annotated Edited by Vicente J.
Francisco. Manila: East Pub. Co. (1933) 29v
- Philippine Laws and Jurisprudence. Manila:
Current Events Digest, Inc. (1980) v.1-10
b. Case Finders (Digest and Index, etc.)
- Gorospe, Rene B. Index to SCRA Annotation.
Q.C.: UP Law Center (1994)
14
- Office of the Reporters Case Index. Manila:
Supreme court January 2009
- Santos-Ong, Milagros. Title Index to Supreme
Court Decisions, 1945-1978. Q.C.: UP Law Center
(1981) 2v
- Sibal, Jose Agaton. Velayos Digest General Index.
Q.C.: Central Book Supply (1980) 2v.
- Gupit, Fortunato, Jr. Supreme Court Doctrines.
Manila: Rex Book Store (1975-1977) 3v.
5. Treatise/Annotations/Commentaries
a. Civil Law
- Santiago, Miriam. Civil Code Annotated. Q.C.:
Central Book Supply, Inc. (2000) 1457p.
- Vitug, Jose. Civil Law. Manila: Rex Book Store,
Inc. (2006) 4v
- Sison, Carmelo. Civil Code Reader. Q.C.: UP Law
Center (2005) 768p.
Agency
- Francisco, Vicente J. Agency. Manila: East
Publication (1952) 398p.
- Padilla, Ambrosio. Agency: Text and Cases.
Manila: National Book Store (1986) 223p
Conflicts of Laws
- Diy, Alicia. Handbook on Conflict of Law (2004)
- Paras, Edgardo. Philippine Conflict of Laws. 8th
ed. Manila: Rex Book Store (1996) 450p.
- Salonga, Jovito. Private International Law.
Manila: Rex Book Store, Inc. (1995) 570p.
Credit Transactions
- Lat, Igmidio. Law on Mortgage. 1st ed. Q.C.:
Central Books Supply
- De Leon, Hector. Comments and Cases on Credit
Transactions. Manila: Rex Book Store, (2010)
- Rodriguez,
Rufus.
Credit
Transactions.
Q.C.:Central Book Professional Books Inc. (2002)
Lands Titles and Deeds
- Aguilar, Narciso. Land Titles and Deeds. Q.C.:
Central Book Supply (2005) 619p
- Bilog, Gregorio. Land Titles and Deeds. Manila:
Rex Book Store (2005) 634p
Obligations and Contracts
- Agpalo, Ruben. Obligations and Contracts.
Manila: Rex Book Store (2008) 512p
- Alconera. Obligations and Contracts.
Q.C.:
Central Books Supply
- Torres, Justo.
Obligations and Contracts.
Manila: Rex Book Store (2003) 355p.
Partnership
- Nolledo, Jose. Partnership Law and Agency Law
Explained (1988)
- Pineda, Ernesto. Partnership, Agency and Trusts.
Q.C.: Central Book Supply (2006)
- Torres, Justo. Law on Business Organization.
Manila: Rex Book Store (2000) 367p
Persons and Family Relations
- Albano. Ed Vincent. Family Code of the
Philippines. 2nd ed. Manila: Rex Book Store,
(2001) 654p
- Pineda, Ernesto. Legal Separation. Q.C.: Central
Books Supply (1994) 140p
- Reyes. Rules on Guardianship of Minors (2003)
Muslims and Personal Laws
- Alauya, Saaduddin A. Muslim Inheritance Law.
3rd ed. Manila: Rex Book Store (2005) 209p
b.
c.
d.
e.
f.
g.
15
B.
e.
2.
3.
Commercial
By
Subscription
eSCRA,
www.cdasiaonline.com
CD-ROMS
a. !e-library! A Century & 4 Years of Philippine
Supreme Court Decisions 1901- April 2004
b. CD Asia Technologies Inc - LEX LIBRIS series of legal
publications on CD-ROM currently has eleven
volumes
Philippine Legal Publisher
a. Institutional Publishers - National Printing Office,
Supreme Court of the Philippines, University of the
Philippines Law Center
b. Commercial Publishers - Rex Book Store Legal
Materials, C & E Publishers National Book Store
16
e.
f.
g.
d.
Bibliography
1.
2.
3.