LEGAL RESEARCH

REVIEW

LEGAL RESEARCH

The process of finding the laws, rules and regulations

that govern activities in human society. It involves both
the law and rules which are enforced by the state and
the commentaries which explain or analyze these rules
Investigation for information necessary to support legal
decision making. Legal research includes 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.

The Need for Legal Research

Competent

representation to a client
Questions on competency in legal research
may arise in suits for damages arising from
legal incompetence or claims for malicious
prosecution

STATUTORY LAW
1987

Constitution
Treaties and International Agreements
Statutes Enacted by Legislature
Administrative Rules and Regulations
Ordinances enacted by Autonomous Regions
Ordinances enacted by Local Government
Units

STATUTORY LAW
1987

Constitution
Treaties and International Agreements
Statutes Enacted by Legislature
Administrative Rules and Regulations
Ordinances enacted by Autonomous Regions
Ordinances enacted by Local Government
Units

CASE LAW

Comes from the judicial authorities

Second major category of primary sources of
law in the Philippines after statutes
Classification:
1.
2.

Decisions Proper
Subordinate Decisions

Decisions Proper

Decisions of the Supreme Court

Decisions of the Court of Appeals
Decisions of the Sandiganbayan
Decisions of the Court of Tax Appeals
Decisions of the Regional Trial Courts
Decisions of the MTC, MTCC, MCTC

Subordinate Decisions

Decisions of the Senate Electoral Tribunal

and HR Electoral Tribunal
Decisions of Administrative Agencies
Exercising Quasi-judicial Powers:

COMELEC
- CSC
COA
- NLRC
HLURB
- DARAB
Insurance Commission
Others

Sources of Legal Research

Printed

constitution, statutes, court decisions,

administrative rules, scholarly commentaries
Electronic Computer databases, internet

Sources of Law
Primary

recorded laws and rules which will be

enforced by the state

Products of legislative action - statutes, codes

Judicial decisions
Administrative Law

Secondary

publications which are not primary

authority but which discuss or analyze legal doctrine

Eg. treatises, commentaries, encyclopedia, etc

 Finding

Tools search materials in order to

locate the legal sources (topical approach)

Eg. digests, reprint headnotes, summarizing points

of law from court decisions in a subject classification
and annotations summarize cases on particular
topics (SCRA Quick Index Digest)

LAW BOOKS OF SECONDARY

AUTHORITY
Case

digests
Treatises and Textbooks
Bar Reviewers
Legal Periodicals
Legal Encyclopedia
Law Dictionaries

FOUR BASIC STEPS (Process)

1.
2.
3.
4.

Identify and analyze the significant facts

Formulate the legal issues to be researched
Research the issues presented
Update

IDENTIFY AND ANALYZE

SIGNIFICANT FACTS
TARP RULE:
T

- Thing or Subject Matter

A - Cause of Action or group of defense
R - Relief Sought
P Persons or parties involved

FORMULATE LEGAL ISSUES

Classify

or categorize the problem into general,

increasingly specific, subject areas and to
begin to hypothesize legal issues
Need to consult general secondary sources
Writing a clear, concise statement of each legal
issue raised by the facts
Arranged in a logical pattern

RESEARCH ISSUES PRESENTED

1.
2.

Organize and plan

Identify, read and update all relevant
constitutional provisions, statutes, and
administrative regulations

3.
4.

Statutory compilations
Computer-assisted

Identify, read and update all relevant case law

Refine the Search

UPDATE
New

statutes
Modification/amendment of old laws
Supreme court jurisprudence SC might
change interpretation of the law

RESEARCH SKILLS

Fundamental research skills

Case

Briefing
Synthesis of Cases

Case Briefing
Digest or summary of one case to serve as
reference.
Contents:
1.
2.
3.

Facts
Issues
Ruling

Exercise in Case Briefing

Choose

one case in Constitutional Law or your

other subjects
Prepare a case brief for the chosen case

Synthesizing Cases
Relating

cases for a particular issue/subject to

each other
Analyzing the outcome of each case and
combine separate analysis into a coherent
whole to form general principles about that
area of law
Synthesis is used to analyze the problem

Exercise in Case Synthesis

Choose

at least five cases related to a

particular subject in your Constitutional Law or
other Subject
Prepare a case brief for each
Do a synthesis of the five cases