What is legal research, and how is it different from research in other disciplines?

Even if you are using legal sources, you may not be doing legal research. Legal research is a search for statements of the law found in
statutes, cases, or other primary sources that can be used to predict how a court would decide a dispute involving a specific fact situation.
In many disciplines there is a distinction between laboratory or empirical research and library research. Legal research, as performed by a
lawyer, is always library research, whether it is done in books or computer databases. Legal sources are often used for research in other
disciplines, such as history and sociology, but historians and sociologists use the legal sources for a purpose or result different from that of
a law student or practicing attorney. Given this difference a non-lawyer may utilize different types of legal research processes and
standards.
Lawyers must know if there have been any recent statutes or cases that have changed the predictive ability of the sources they are relying
upon. The cost of not finding these recent materials can be the difference between the client winning or losing a lawsuit.
What are law reviews?
Law reviews are periodical publications of law schools, bar associations, and commercial publishers, that contain articles providing indepth analysis of legal issues or practical legal information. Since law review articles are well-documented with footnotes, they give the
researcher quick access to citations of relevant cases and statutes and interpret and explain those sources as well.
PHILIPPINE LEGAL RESEARCH BASICS: THE CONSTITUTION
This begins a series of posts regarding basic information on Philippine law which a searcher needs to learn for legal research. For one must know the
fundamentals of a legal system in order to be competent in legal research.
A Constitution according to former Philippine Supreme Court Associate Justice George A. Malcolm is the written instrument enacted by 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 for their safe and useful exercise for the benefit of the body politic.
The Philippine Constitution establishes and defines the structure and powers of the three branches of government: executive (president); legislative
(Congress); and judicial (courts). It also defines in broad terms the rights (Bill of Rights) of the members of society (Ng et al., 2007).
Six (6) Constitutions have governed the Philippines since it became independent: the Malolos Constitution of 1898; the 1935 Constitution or
Commonwealth Constitution; the 1943 Constitution during the Japanese occupation; the 1973 Constitution during the martial law period; the Freedom
Constitution or the Provisional Constitution of 1986; and presently, the 1987 Constitution.
The 1987 Philippine Constitution is the fundamental and supreme law of the land. The present political structure of the Philippines was defined by this
constitution, duly ratified in a plebiscite held on February 2, 1987 (Ong, 2009). It provides that the Philippines is a democratic and republican state
where sovereignty resides in the people and all government authority emanates from them (Art. II, Sec. 1).
Former Philippine Supreme Court Associate Justice Isagani A. Cruz defined its supremacy as the basic and paramount law to which all other laws must
conform and to which all persons, including the highest officials of the land, must defer all must bow to the mandate of this law.

Legal research is "the process of identifying and retrieving information necessary to support legal decision-making. In its broadest sense, legal
research 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."

INTRODUCTION TO LEGAL RESEARCH

Basic Conceptual Issues
According to the Oxford Advanced Learners Dictionary, research means a careful study of a subject, especially to find or discover new
facts about it.
Research therefore involves gathering information for a purpose, and it is the purpose that usually determines the type of research
undertaken and how it is conducted.
Legal research would, in a similar vein, involve the collection of legal materials for the purpose of discovering new facts that would
contribute to the body of knowledge in a legal field or subject. Legal research is defined by legal studies since it is the materials that are
used in legal studies and the topics that are taught and learnt that determine legal research. In a similar light, legal studies are also defined
by legal research as the discoveries of legal research shape legal studies.
Research is usually a daunting task, and the style adopted may differ according to the educational system, the supervisor, or even the
researcher, as, like many other tasks, developing a personal style is the most important factor to enjoying the process and achieving desired
results.
When we undertake research, we usually seek to find an answer, a solution, a result. This means that we begin from a point of not knowing
or of wanting to know more, and we usually have what we call a research question. The research question raises the interrogation that the
research seeks to pursue. A research question is not always very straightforward since it might raise more than one point for consideration
or interrogation, but it is usually a very basic step from which to begin a research project.

WHY IS LEGAL RESEARCH IMPORTANT?

WRITTEN BY CAROLINE

Whether youre in your first or last semester of your law degree, everyone is always telling you that everything is important: you have to have effective public
speaking skills, you have to have excellent writing skills, you have to network, and you have to have excellent critical analysis skills.
All of these skills are useful, but having effective legal research skills is incredibly important to your success, not only in your law degree but also throughout your
legal career. There are far too many cases, statutes and regulations for us to learn all of them at law school, but legal sleuthing skills will mean that youre able to
learn about new areas of the law and keep up to date throughout your career. Having Sherlock Holmes-like skills in legal research will also ensure that you are not
wasting your time sifting through irrelevant information.
Youve probably been given a problem solving assignment or an essay during your law degree, for which Google didnt have the answers, and you instead needed
to navigate the labyrinth of legal databases (if youre just starting your law degree, this is probably coming!). For the assignment you needed to look up cases and
legislation, and even if you started the assignment the day or the week before the due date, you realised that good research takes time (and we all know that law
students are time poor). Sorting the relevant cases and legislation from the irrelevant ones can be time-consuming, but if youre not confident in what youre doing,
youll lose writing time (and possibly also marks).
Once you start your legal career, you will have billable hours and your supervisor (and your clients) will not be impressed if you have spent hours figuring out how
to actually open the legal database, find the search button and locate the relevant information instead of actually analysing the cases or legislation that is relevant
to their matter.
You were probably giving a library lesson in your first semester about legal databases and how to use them. It probably went straight over your head and you
never revised those notes again, or maybe you spent the session checking Facebook when you were supposed to be practicing Boolean search queries on
AustLII.
If you are struggling with your legal research skills, speak to the law librarians at your uni for some excellent tips about how to use legal databases, as they are
pros when it comes to effective and efficient research. Alternatively, see if your faculty or library offers legal research seminars. While this may take an hour or two
out of your day, it will save you hours of sifting through irrelevant information and means youll actually get to the most important part, critically analysing the
relevant sources and answering the question, even quicker.

Legal Research is an essential lawyering skill and researching law is an important component of the process of law reform. The ability
to conduct legal research is essential for lawyers regardless of area or type of practice. It is also a creative and strategic thinking
process and it often demands that researchers think outside any set of prescriptive 'rules'. It is a process that simultaneously demands
imagination, creativity, discipline and structure and needs to be navigated strategically from start to finish.
The Importance of Legal Research
I doubt Steven Spielberg thought anyone watching Lincoln would think

available. In that way, legal research played a critical role in Lincolns

decision to pursue the 13th Amendment despite heavy opposition.

about legal research, but thats what happened to me. In one pivotal
scene, Lincoln and his Cabinet gather to discuss the proposed
amendment abolishing slavery. Various Cabinet members are opposed
to supporting an amendment they see as unlikely to pass by the
needed super-majority.

While Lincolns legal research didnt include Westlaw or Lexis, its

underlying principles of finding, understanding, and applying the law
remain the same today. Todays lawyers continue to use legal research
on a daily basis to prepare them to advise clients, negotiate with
opposing counsel, or persuade a judge or jury.

Lincoln, on the other hand, supports the amendment. He feels strongly

that slavery must be abolished, but, he worries that the Emancipation
Proclamation is vulnerable. The Proclamation was a war measure, he
explains, but, without a war, questions about the legality of the
Proclamation and its effects will no doubt be raised. A constitutional
amendment is the legal cure needed to settle the uncertainty and end
slavery for good.

As I listened to Lincoln explain his reasoning, I couldnt help but think

about legal research. Lincoln had found, understood, and applied the
law. This process allowed him to correctly assess the legal
weaknesses of the Emancipation Proclamation. It also helped him
realize that a constitutional amendment was the best solution

Youll experience the importance of legal research when a client seeks

your help to modify a child custody order, to sue for misappropriation of
trade secrets, or to defend them in an insider trading case. Legal
research will help you find, understand, and apply the law. Performing
good legal research in this way will provide you with the foundation you
need to proceed confidently and achieve the best result for your client.

Despite the importance of legal research in legal practice, Im often

Take research seriously. If youre serious about getting yourself

surprised at how many first-year law students (and sometimes others)

ready to practice competently, you need to be committed to developing

seem disinterested in the topic. Maybe I shouldnt be surprisedlegal

your research skills. The first step is easydont blow off your

research doesnt hold the appeal of some topics, like constitutional or

research classes. The more you put into these classes, the more youll

criminal law. Legal research also requires more hands-on work, which

get out of them.

rarely evokes endearment from law students. Many students even

have the mistaken notion that legal research is easy.

Taking research seriously also means working on your research skills

and knowledge outside a structured class. I know that sounds crazy,

But, whatever the reason for the initial lack of interest in legal research,

but hear me out. The truth is that theres never enough time in a legal

something changes when law students head out to legal jobs during

research class to cover everythingthe intricacies of specialized

the summer. Thats because theyre asked to researchagain and

areas, the latest databases, etc. Its likely that your law library provides

again and again. In fact, the majority of law students I talk to spend the

optional training sessions to help you learn these things. You wont be

majority of their summer researching.

able to attend them all, but go as often as you can. Westlaw, Lexis,
and others also provide training, as well as a number of online tutorials

So, while law students may or may not grow to love legal research,

that can be helpful.

they do come to understand that its a critical skill they must acquire. In
fact, upon returning from the summer, many of my former students

Your law library, as promoter of all things legal research, also likely has

remark that our legal research and writing class was by far the most

a blog, a Twitter account, a Facebook page or [enter new tool here]

helpful of their first year. I always wish they would have realized this

that keeps students up to date on new databases or legal research

earlierand they do toobut better late than never.

tips. Keep track of these sources, or some from another library, and
youll be surprised how much additional legal research knowledge you

The sooner you gain an appreciation for the importance of legal

gain that will help you in school or at work.

research the better. Here are a few tips that might help:
Take advanced legal research. Most law schools offer some sort of
Take a broader view of research. Some students and even attorneys

advanced or specialized legal research course as an elective. Take it!

have a narrow view of research. To them, research is Lexis or Westlaw.

Take it even if you dont love legal research. Especially take it if youre

Good legal research, however, is much more than a research system;

not good at legal research. You will soon be doing research on

its a process. Good legal research is intertwined with analysis,

someone elses dime. Why not get ready for it?

understanding, and application. While finding the law is important, one

has not truly found the law until he understands it, as one prominent

Most, if not all, advanced legal research classes are taught by law

law librarian has noted. A research system cant do that for you.

librarians. They are expert researchers who know about the latest legal
resources and can teach you a lot about the legal research process.

A lawyers understanding and analysis of a case often begins in the

Youll also get the chance to do a lot of research, which is critical to

research stage when she identifies the relevant facts and determines

becoming a good researcher. If you dont practice researching now,

the legal issues that must be researched. This analysis continues and

youll be doing it at your job, which is where youd be better off

is refined as she decides where, how, and what to search. As she finds

impressing than learning.

seemingly relevant legal materials, she must understand them and

how they apply to the facts of her case. This research provides a

Abraham Lincolns quip about a book he read could easily be applied

crucial analytical foundation that will inform her decisions for the

to legal researchPeople who like this sort of thing will find this the

remainder of the case. When viewed in this light, research can be seen

sort of thing they like. The truth is, however, that whether you like it or

not merely as a fleeting Westlaw search, but as a critical, enduring

not, legal research is a critical part of lawyering. Dont underestimate

component of representing a client.

its importance.

NOTES IN LEGAL RESEARCH

Legal Research the inquiry and investigation made by law students, legislators, judges, lawyers, and legal writers in the discharge of their function. Its
original meaning is the continuous repetition of search. To date, it still retains much of that meaning.
Legal research calls for the diligent, intelligent, continued search for something as proof to a legal stand. It involves: (1) choice of hypothesis, (2)
ascertainment of facts, (3) their classification, (4) elimination of irrelevances, (5) the use of both inductive or deductive logic, and (6) assertion of a
conclusion.
LEGAL RESEARCH TOOLS
Before embarking in the study of legal research, we must first study the tools we need in order to be fully equipped in its study. The tools are
simply booksLaw Books. Law books are the repository of the law.
Law books may be classified into what it deals principally:
1)

Those that deals with STATUTORY LAWS

2)

Those that deals with CASE LAWS

3)

and those that deals with both

and according to class:

1)

PRIMARY AUTHORITY

2)

SECONDARY AUTHORITY

3)

SEARCH BOOKS OR LAW FINDERS

I. Statutory Law
Statutory law refers to those rules enunciated by the competent authorities for the governance of the community. It does not only pertains to the
enactment of the legislative department of the government (ex. RA passed by Congress and ordinances passed by the Sanggunians) but also those rules and
regulation which have the force and effect of law (ex. BIR rules and regulations). It includes the constitution of the State, departments and other governmental
rules, regulations, orders and decisions, the Rules of Court, treaties to which the state is a signatory and municipal and city ordinances.

Classes of Statutory Law

1. CONSTITUTION that body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised.
i)

Biak na Bato Constitution (1899)

ii)

Malolos Constitution (

iii)

1935 Constitution

iv)

1943 Constitution

v)

1973 Constitution

vi)

1986 Freedom Constitution or Provisional Constitution

vii)

1987 Constitution

2. STATUTES written expression of the will of the legislative branch of the government rendered authentic by certain prescribed forms and solemnities.
They are enactments of the proper legislative body.

i)

General Statute one which affects all the people or all persons or things of a particular class. It operates in all persons to whom it applies
equally to all persons of the same category.

ii)

Special Statute one which relates either to the particular persons or things or to particular persons as to their class which operates on a
portion of a class instead of all the class. It is limited in scope and confined to a prescribed field of action or operation.

iii)

Local Statute one which operates over a particular locality instead of the whole territory of the State. It applies to any subdivision of the
State.

iv)

Public Statute one which contains the interest of the public at large. It is enough that it concerns the public and not merely a private
interest although it is local and special

v)

Private Statute one which relates to the concerns and affects particular individuals.

3. CODE complete system of positive law scientifically arranged and promulgated by legislative authority. Example: Revised Penal Code and Civil Code.
4. RESOLUTIONS reenactments of the legislature employed either to express sentiment or opinions, carry out internal affairs of the legislative body, or to
make temporary laws, or establish procedures for constitutional amendments. As a general rule, resolutions are NOT laws since laws refers to those legislative
enactments which operate on persons in society, and must be enforced by the executive department and sustained by the court.
5. EXECUTIVE ORDERS, ADMINISTRATIVE ORDERS AND PROCLAMATIONS
The power of the President of the Philippines to issue executive and administrative orders and proclamations is based on Article VII, Section 17: The
President shall have control of all the executive departments, bureaus, and offices. He shall ensure that the laws be faithfully executed of the Constitution.
These orders have the force and effect of laws and are secured of rights, duties and obligations.
6. GOVERNMENT DEPARTMENT RULES AND REGULATIONS
The heads of various departments of the government, bureau heads and heads of governmental agencies are sometimes authorized by law to issue rules
and regulations necessary to carry out effect of their powers and functions.
7. RULES OF COURT
These are promulgated by the Supreme Court, governing practice pleadings and procedures before all tribunals. These rules have the force and effect
of law if they are not in conflict with positive or substantive laws.
8. TREATIES agreements or contracts between two or more sovereign nations or states entered into by agents appointed for the purpose and sanctioned by
the authorities of the respective parties. In the Philippines, the treaty making power resides in the President to be concurred by at least 2/3 of all the members
of the Senate
9. MUNICIPAL ORDINANCES enactments of the legislative bodies of towns and cities with their territorial jurisdiction.
II. Case Law
Case law is defined as the great class of official literary manifestation of law made of cases decided by courts and by persons or bodies performing
judicial functions. Simply put, it refers to the compilation of published decision of cases.
When the highest court of the land decides a case on its merits, it not only determines the rights of the parties to the case but also lays down legal
principles as basis for its decision. These legal principles constitute authentic and authoritative exposition and interpretation of law, and become permanent
rules of law applicable in all future cases in the same jurisdiction involving similar facts and analogous principles until it has been overruled by a subsequent
decision on the same point. Judicial decisions, therefore, provide the second important set of rules which have the force and effect of law consisting of these
legal principles emanating from the decisions of the courts of justice.

Doctrine of STARE DECISIS

The phrase STARE DECISIS ET NON QUITA MOVERA which means to stand by precedents and not to disturb settle points, expresses the policy
of the courts and the principles when which it rests the authority of judicial decisions as precedents in subsequent litigations.
The doctrine is frequently termed the rule of stare decisis and is in general to the effect, that when a point has been once settled by decision, it forms
a precedent which is not afterward to be departed from a lightly overruled or set aside, even though it may seem archaic (antiquated). The rule for its object is
the salutary effect of uniformity, certainty and stability in law.
Stated in simple form and considered in relation to its effect of upon private affairs, the doctrine is really nothing more than the application of the
doctrine of estoppels to courts decision. It finds it support in the sound principle that when the courts have announced to the guidance and government of
individuals and the public certain controlling principles of the law or have given a construction to statutes upon which individuals and the public have relied in

the making of contracts, they ought not after the principles have been promulgated and after these constructions have been published, to withdraw or overrule
them.
The doctrine of stare decisis is grounded in public policy and as such, is entitled to great weight and must be adhered to, unless the reasons thereof
ceased to exist, clearly erroneous, or are manifestly wrong and mischievous, or unless more harm than good will result in doing so. It is vital that there be
stability in the courts in adhering to the decisions deliberately made after ample consideration. Parties should not be encouraged to seek reexamination of
determining principles and speculate on a fluctuation of law with every change in the expounders of it. The Supreme Court in the case of Secretary of
Justice vsJudge Alfredo Catolico (68 SCRA 63) said: Judges should be reminded of their duty to comply with the law as interpreted by the Supreme Court as
the final arbiter of any justiceable controversy, and of the great mischief and, prejudice to the administration of justice and unnecessary inconvenience, delay
and expenses to the litigants, that would as needlessly caused, should judges of lower courts dispose of cases in accordance with their personal views contrary
to the final authoritative pronouncements of the Courts.
The doctrine, however, is not absolute but flexible, so that when in the light of changing conditions, a rule has been created to be of benefit and use
of society. The courts may lightly depart from it. Stare decisis is a principle of policy and not a mechanical formula of adherence to the latest decision.
However recent and questionable, when such adherence involves collision with a prior doctrine more embracing in its scope, intrinsically sounder and verified
by experience, the principle does not mean blind adherence to precedents. The doctrine or rule laid down no matter how sound it may be, if found to be
contrary to law, must be abandoned.

Case

Ordinarily, a case is a controversy brought before the court for adjudication. As used in legal research, it refers to the published decision of a
controversy decide by the appellate court including the reasons for the adjudication and usually has the following parts:
1.

Docket number and date of the promulgation of the decision

2.

Title of the case showing the names of the parties

3.

Syllabi or Headnotes in which the reporter indicated the points decided

It consists of summary of statements of the points of law decided

4.

Court a quo or the lower court from which the case originated

5.

Names of the counsels for both parties

6.

Brief statement of the nature of the case sometimes called as Statement of Origin

7.

Statement of important facts

8.

Statement of issues involved

9.

Opinion of the court, wherein abstract or arguments of the parties may be included

KINDS OF OPINION (OF THE SUPREME COURT)

1.

Per Curriam opinion of the court in which all the justices are one of mind and so clear that they do not deem it necessary to elaborate
by extended discussion. It is of so much weight and authority as any other opinion.

2.

Majority majority of the opinion of the members of the court confirms totally to the opinion written by a member.

3.

Concurring written separately by a member of the court who concurs with the result reached by the majority but of different reason.

4.

Dissenting written disagreement with the judgment rendered by the court and subscribed to by a majority of the members.

5.

Divided one where the Court en Banc is equally divided in opinion or where the necessary majority cannot be had or achieved.

6.

Obiter Dictum opinion expressed by a court, but which, not being necessarily involved in the case, lacks the force of adjudication. It is
an opinion expressed by a judge on a point not necessarily arising in a case. The doctrine of stare decisis contemplates only such points
as are actually involved and determined in a case and not what the court or judge outside the record or on points not necessarily
involved therein. Such opinion, being obiter dicta, do not become precedents.

An opinion which is concurred in by at least majority of the court ordinarily constitutes a precedent. If fewer than a majority concurs, there is
no ruling opinion except as to the disposition from the case. The decision of a divided court is not a precedent.
10.

Decision or determination of the rights of the parties

11.

Judgment or formal order entered as a result of the decision

Decision of the Court is its judgment, while the opinion represents merely the reason for the judgment. An opinion is a statement by a
court or judge of the reasons for the decision. Opinion is used either to mean the reasons set out by the court as basis for decision or the reason
and conclusion reached taken together as one mental process. It consists of a statement of facts pertinent to the points of law involved, the
application of legal principles, and an explanation of the ultimate action taken by the Court upon the relief prayed for. The opinion of the Court
setting forth the reasons of their judgments, are the course, of great importance in the information they impart as to the principles of law which

govern the court and should guide litigants. The Courts reasoning in the body of the decision is an aid to the correct interpretation of the law as
announced in the syllabus. While an opinion contains the view of the judge in relation to a given subject, a decision embraces the findings of a
court, upon reaching a decree or judgment may be entered.
A decision of the court is the final conclusion reached by the judges or justices as to the application of the law to the facts of the case.
While we pray that a decision is the judgment of the court, it is not the formal decree. It represents the result of the case, and maybe regarded
perhaps as an order for judgment in that it determines the actual judgment or decree to be thereafter entered.
Judgment is the formal disposition of a case and is usually found in the dispositive portion of the decision. It may be contained in a
short paragraph as for instance: Wherefore, the petition for review is divided. The order of the Secretary of Justice dated January 29, 1998 is
hereby affirmed. No pronouncement as to cost. So ordered.
The law which was a student has learned and which enabled him to be admitted to the Bar is mainly the result of the study of various classes and types
of law books. But this knowledge alone is not sufficient to enable him to practice his profession successfully independent in the use of law books.
Although a lawyer is fully equipped by study, to start the practice of the legal profession, he soon finds that the knowledge stored in the memory is
not sufficient to cope with the ever changing and ever expanding laws and legal principles brought about by the changes in the economic, social and political
institutions.
We must not also lose sight of the fact that our legal system is an amalgram of Roman Law and the Anglo-American Legal System. To fully
understand some of our laws may require and examination of law books written in the jurisdiction of origin which may run to hundreds of volumes.
It is also an undesirable fact that no person however profound his knowledge of the law maybe can rely solely on his memory or depend on
common sense in finding solutions to legal problems. For one must be certain, he invokes a legal proposition, that is an accurate exposition of the law and
that it has not been rendered obsolete or in applicable by the enactment of a new law or the enunciation of a new legal principal by a later court decision.
Consequently the successful lawyer must make the most use of law books. There are three classes of law book, namely:
1)

PRIMARY AUTHORITY - The official book published by the government

2)

SECONDARY AUTHORITY - Those that are written and published by the government.

3)

SEARCH BOOKS OR LAW FINDERS

A. Books of Primary Authority

They are the authentic repositories of the law itself, that is, they are the repositories of the statutory law and judicial decisions. These books are
referred to as repositories of the law because what is regarded as law for any given jurisdiction must necessarily be found in them. Hence, the publication
which may be regarded as Books of Primary Authority are those which primarily contain the reproduction or exact copies of the Constitution, statutes,
treaties, ordinances, governmental orders, regulations, rules of court and reports of judicial decisions. Ex. Supreme Court Reports Annotated and the Official
Gazette
B. Books of Secondary Authority
They comprises the various books written by text writers or commentators on the subject stating therein their comments, criticism, opinions and
interpreted reinstatement of the law as founded on the books of primary authority. They are called books of secondary authority because their principal
contents are personal views of their authors who might have construed or misapplied the law. Ex. The Civil Code of the Philippines, Vol. II, Property (Arts.
414-773) by Tolentino and The 1987 Philippine Constitution: A Commentary by Bernas.
C. Search Books or Law Finders
Search books do not usually purport to give any information on what the law is except for a few. They do not contain any statement of legal
propositions and in the latter case, the statements are in the form of very brief notes.
As a rule, search books simply indicate to the researcher where he can find cases decided or contain to a general subject of law. In short, they are guide
in giving the researcher explicit decision as to the road he must travel to search a certain goal or objective and indicating to him the clue which if followed
correctly may lead him to the authorities he desires to find. Some of the most useful books belong to this class, such as indexes, citators and citation books,
and various sorts of table of cases.