STATEMENT

OF THE PROBLEM
Legal Research and Writing III
AURELIO. BALLESTEROS. MELO. REYES
 Background
• It is an original assertion about a topic.

• It embodies the argument of the

thesis.

• It is [arguably] the most crucial part of

the thesis
 When
1. Before actually writing

• Controlling Idea

• Purpose Statement

2. Early in the writing process

 Approaches
Either:

1. make an argument from a particular

perspective

2. question another writer’s argument

 Arguments
1. Arguments from precedent

• assert that it is binding

or should be extended, adopted, or

overruled
 Arguments
2. Interpretative arguments

• examine the language of

Constitutions, statutes, or

regulations
 Arguments
3. Normative arguments

• assert that a certain rule or result is

good, justified by morality, social

policy, or economics, or is justice

between the parties

 Arguments
4. Institutional arguments
• examine the appropriateness of
the roles of Judiciary, Legislative,
or Executive
• or address the administrative
impact of a certain result
 Arguments
• Examine the relation of a statutory provision
to the larger document
• Consider predecessor statutes or legislative
history
• Look at lower court decisions that reveal
material that may have been simplified or
omitted
 Arguments
• Examine a decision’s place in a larger social or
historical context.
• Compare a case to cases in analogous subject
areas.
• Consider the ramifications and consequences
of a decision.
• Consider interdisciplinary comparisons.
 Approaches

1
Identify and resolve
inconsistencies, logical
errors, and omissions
 Approaches

2
Identify and question
jurisprudential approaches
 Approaches

3
Try solving a problem
TIPS IN MAKING A
GOOD STATEMENT
OF THE PROBLEM
Tips to Make a Good Statement
of the Problem

1 be specific
Tips to Make a Good Statement
of the Problem

2 avoid generalities
Tips to Make a Good Statement
of the Problem

3 stick to one
Tips to Make a Good Statement
of the Problem

4 continuously improve
Tips to Make a Good Statement
of the Problem

5 don’t rush
 EXAMPLES OF
STATEMENT
OF THE PROBLEM
EXAM P L E S
OF P O O R L Y
MADE
STATE M E N T
OF T H E
PR OB L E M
 Poor Problem Statement

1
Statement of the Problem: There is a gap in the
law in Section 21 of RA No. 6770 because it does
not address former members of Congress. Former
members of Congress can fall under the
jurisdiction of the Ombudsman because of a
loophole. The Ombudsman can wait until a
member of congress is in a position not under the
exception in Section 21. The Ombudsman can just
find a way that a former member of Congress will
fall under its jurisdiction. Congress will not vote
against a member that the Ombudsman wants to
punish because of political ties.
 Poor Problem Statement

2
Statement of the Problem: Imposition of fixed-value
amounts in statutes is a gap in the law because of the
reality of time-value of money. The standard does not
change with the external factors prevalent in economy.
The time-value of money affects these amounts as the
value of Philippine currency changes as the economy
grows over time. The values of the Congress indicated
in the statute during the promulgation would not reflect
the effect of the implementation of the same law years
after. This problem would then bring about less
benefits or a heavier burden to the affected citizen
depending on how the law was phrased and what was
the intention of the legislative department.
 Poor Problem Statement
Although legislators have consistently imposed
fixed-value amounts in statutes whenever it is
applicable, a closer examination shows that
retaining the stated fixed-value amounts
throughout the effectivity of the statute without
adjustment based on the time-value of money
violates the due process and equal protection of
rights afforded to the persons to whom such
amounts are applied.
 Poor Problem Statement

3
Statement of the Problem: The right to travel is a
fundamental right under Article 3, Section 6 of the
Constitution. This right may be curtailed only under
valid exceptional circumstances, one being upon
lawful order of the court through a Hold Departure
Order allowed pursuant to OCA Circular 39-97 as
mandated by Section 6 of Rule 135 of Rules of Court.
To fall under such exception, there must be a pending
criminal case in the RTC against the subject
individual. For cases not falling within the exclusive
jurisdiction of the RTC, and when deemed appropriate
by the DOJ under no specific criteria, an ILBO may be
issued
 Poor Problem Statement

Being an oral rule, there is no current source in

law that defines the ILBO and its corresponding
powers, function or limitations. There is, therefore,
a lack of due process, jurisprudence providing
that a law should be published because those
who must obey must first know the command.
EXAM P L E S
OF W E LL
MADE
STAT E M E N T
OF THE
PRO B L E M
Good Problem Statement
it le : “ I K I LL E D
Th e s is T
A U S E H E
HIM BEC
S G A Y ” : A N
WA T H E
M I N A T I O N O F
EX A
U S E O F T H E
U A L P A N I C
HOMOSEX
DEFENSE IN I O N
I N A L L I T I G A T
C R I M
L I P P I N E S
IN THE PHI
 Good Problem Statement

1
Statement of the Problem: At present, there is
no specific law nor judicial precedent
prohibiting the use of homosexual panic
defense in court. While the other jurisdictions
have already recognized the deleterious effects of
allowing such defense without guidance for the
bench, it is but appropriate that the proper inquiry
be made as to its application in the local setting.
 Good Problem Statement
(continuation)

This thesis aims to determine how

homosexual panic can be used as a valid
defense that can possibly mitigate liability
or exempt the defendant on the basis of
Philippine substantive criminal law and to
set definite and strict legal parameters
upon which it may be availed of by the
accused.
Good Problem Statement
it le : T A X I N G
Th e s is T I N G
: D E T E R M I N
E S
SATELLIT I T Y O F
T A X L I A B I L
TH E R E I G N
S I D E N T F O
NON - R E
R A T I O N S
CORPO S A T E L L I T E
G IN T O
ENTERIN O N S
I C A T I
COMMUN I T H
E N T S W
AGREEM
DO M E S T I C
T I O N S A N D
CO R P O R A
T F O R E I G N
R E S I D E N
O R A T I O N S
CORP
 Good Problem Statement

2
Statement of the Problem: Taxation laws
provide that the source of income for
services is determined by the situs where
the activity or service was performed. On
the other hand, the source of income for
royalties is where the property is located, or
in case of royalties for the use of or right to
use of industrial, commercial, or scientific
equipment, where such equipment is used.
 Good Problem Statement
(continuation)
Non-resident foreign corporations are only liable to
pay taxes for income derived from sources within the
Philippines. However, the increasing complexities of
modern industries such as the telecommunications
industry, make it difficult to characterize the
transaction and determine its situs of taxation given
our current set of laws. Thus, this Thesis aims to
determine the situs of the income derived by non-
resident foreign corporations from satellite
communications agreement with domestic or resident
foreign corporations and their corresponding tax
liabilities.
Good Problem Statement
: J U E T E N G
is T it le
Thes D T O
T H E W O R L
ON H A N G E
N G E T O C
CHA L O T T E R Y:
T O W N
SMALL H E
O N T
A STUDY T H E
I G U I T Y O F
A M B P C S O
R S O F T H E
POWE
O W T H E
TO ALL S M A L L
R A T I O N O F
OPE Y V I S -À -
L O T T E R
TOWN U M B E R S
L E G A L N
VIS IL
GAMES
 Good Problem Statement

3
Statement of the Problem: Presidential Decree
No. 1602, otherwise known as the New Gambling
Law, punishes gambling and betting. Specifically,
Republic Act No. 9287, increased the penalties for
illegal numbers games, such as jueteng, amending
certain provisions of P.D. No. 1602. Pursuant to its
authority to hold and conduct “charity sweepstakes
races, lotteries and other similar activities” the
Philippine Charity Sweepstakes Office authorized
the operation of Small Town Lottery, a numbers
game having the same gameplay as jueteng,
through Authorized Agent Corporations.
 Good Problem Statement
(continuation)
This thesis aims to determine whether the
PCSO Charter does in fact grant PCSO the
authority to permit the operation of Small
Town Lottery in “collaboration, association, or
joint venture” with another entity.
Furthermore, it aims to harmonize PCSO’s
powers as granted by its Charter in order to
aid in its mandate to generate funds for
health programs and charities.
 STATEMENT
OF THE PROBLEM
AURELIO, Mika
BALLESTEROS, Ted
MELO, Kamay
REYES, Gabriel
3D