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Atty. Laura C.H. del Rosario
Professor, Legal Research with Computer
Lyceum of the Philippines University
College of Law
Introduction to Legal Research
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Legal Research
The investigation for informationnecessary to support legal decision
making. A process that begins with analyzing thefacts of a problem and concludes with
applying and communicating the results
of the investigation.
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Definition of Legal Research
The process of finding the laws, rules and regulations thatgovern activities in human society.
Involves locating both the laws and rules enforced by theState, and the commentaries which explain or analyze the
rules.
The investigation for information necessary to support legaldecision making.
Includes each step of a process that begins with analyzing thefacts of a problem and concludes with applying and
communicating the results of the investigation.
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Definition of Legal Research
Legal Research is the search for authority that can beapplied to a given set of facts and issues.
Legal Research is the process of identifying andretrieving information necessary to support legal
decision making.
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Definition of Legal Research
Legal analysis is the process of determining how the lawapplies to the problem.
Legal Research and analysis involve determining howthe law applies to the facts of a case, which in turn
requires knowledge of what the law is, how to find it,
and the general principles that govern its application.
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Purposes of Legal Research
Good research makes good lawyering Gives the lawyer the knowledge with whichto build a successful case or to provide
accurate and insightful advice. Essential in legal practice to determine theimpact of past actions and the implicationsof contemplated actions.
Efficient research saves time for otheraspects of lawyering.
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PURPOSE OF LEGAL RESEARCH
To ascertain the legal consequences of a specific set ofactual or potential facts. The facts of any given situation suggest, even dictate,
issues of law that need to be researched.
The key to successful legal research is organization. As with any simple task, one needs a game plan that helps
you comprehend and complete the job as quickly, efficiently
and thoroughly as possible.
For legal research, the best game plan simplifies the researchprocess by breaking it down into basic steps so that it
becomes an easily comprehended process.
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The Importance of Legal
Research Skills They are necessary for solving legalproblems.
Every competent practitioner must possesslegal research skills.
To provide competent representation to aclient.
Competent representation requires legalknowledge, skill, thoroughness and preparation.
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Legal Researchers need to:
Develop an awareness of the types ofmaterials that constitute the lawand of
the relationships between thesematerials.
Gain a perspective on how suchsources may apply to a particular
subject matter and how they relate toeach other.
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Legal Researchers need to:
Learn how to consult multiple sourcesand use different techniques for eachtype of source.
(e.g., Primary sources: statutes/ legislativeenactments, cases/ opinions of thejudiciary, regulatory materials/administrative agency regulations and
decisions).
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What sets apart LEGAL Research
from research in other contexts: Need for comprehensiveness in primaryauthority researchWhich is binding in the applicable
jurisdiction?
Cases or statutory provisions which seemnot to favor a clients position cannot simplybe ignored; rather, they must be
discovered, thoroughly analyzed, anddistinguished.
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What sets apart legal research from
research in other contexts?
The need to analogize, for difficult to findauthority that is squarely on point, or factually
identical, based on reasoning process a rule of
law applied to one set of facts should logically beapplied to another set of factual circumstances
-- (Thurgood Marshall Law Library)
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What sets apart legalresearch
The law is organic; legal researcherneeds to update and verify everysource.
Statutes may be repealed or amendedCase law may interpret statutes and thus
apply or modify them.
Researcher must update carefully in orderto accurately assess the significance of anyauthority.
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Sources of Legal Authorities
Primary Sources of LawSecondary Sources of Law
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Sources of Law
Primary Sources the law itself, as expressed in constitutions,
statutes, Treaties, appellate court decisions,
administrative regulations and rulings. They are cited first and are mandatory
authorities
Those published by the issuing agency itself orthe official repository, the Official Gazette
Ex. Constitution/Statutes/Treaties/Highest Courtopinions/Administrative Regulations and Rulings
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Sources of Law
Secondary Sources These materials are not binding on courts.Can be used only as persuasive authoritySecondary sources vary widely in their
relative weight as persuasive authority.
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Primary Legal Authority
Recorded laws and rules enforced by the State Judicial Decisions SC and CA Administrative Law
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Hierarchy of Legal Authorities
Mandatory primary authority: Law created by the jurisdiction in which the law
operates like the Philippines
Know which law-making bodies issue legal authority for aparticular jurisdiction.
Mandatory statutory authority must be followed under theprinciple ofStare Decisis, unless the court decides thatchanged circumstances warrant a different outcome.
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Hierarchy of Legal Authorities
Persuasive mandatory authority: Law created byother jurisdictions but which have persuasive value to
our courts
e.g. Spanish and American laws and jurisprudence. Used when there are no Philippine authorities available
or when the Philippine statute or jurisprudence underinterpretation is based on either the Spanish or American
law.
Do not have to be followed but which may be used asexamples of good reasoning
Important if mandatory authority does not exist in aparticular jurisdiction, or if the researcher wishes to look
for arguments as to why existing precedents should be
changed.
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Primary sources of law
For Republic Acts and other legislativeenactments or statutes,
the Official Gazette published by the NationalPrinting Office
the Laws and Resolutions published byCongress
Official Government Portal of the PHL(www.gov.ph) www.congress.gov.ph
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Primary sources of law
For Supreme Court decisions, the PhilippineReports, the individually mimeographedAdvance Supreme Court decisions, and theOfficial Gazette.
Publication of Supreme Court decisions in theOfficial Gazette is selective. Complete and official court reports for Supreme
Court decisions is the Philippine Report
http://sc.judiciary.gov.ph
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Secondary Legal Authority
Restatements of the Law Looseleaf Services Legal Encyclopedias Hornbooks Practice Manuals Form-Books Annotations Publications which analyze or discuss legal doctrine Treatises, commentaries, encyclopedias Law reviews, IBP Journal, Lawyers Review
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Secondary Materials
Textbooks Legal periodical articles Legal encyclopedias Annotations (SCRA/ALR annotations) Law dictionaries Continuing legal education publications Opinions of the Secretary of Justice and other
administrative agencies
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Finding Tools
non-persuasive means of locating primary sourcesSCRA Quick Index DigestPhiljurisLex LibrisDigestsLaw DictionariesCitatorsIndexesDirectoriesTablesLegal CitationsAnnexes
DISTINCTION b t
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DISTINCTION between
primary and secondary
sources Primary Sourcesconsists of the law itself, as expressed in
constitutions, statutes, Treaties, appellate court decisions,
administrative regulations and rulings. They are cited first and
are mandatory authorities
Primary sources are those published by the issuing agencyitself or the official repository, the Official Gazette
Ex. Constitution/Statutes/Treaties/Highest Court opinions/
Administrative Regulations and Rulings
DISTINCTION b t
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DISTINCTION between
primary and secondary
sources Secondary Sources are theunofficial sources and generally refer to those commercially published orthose that are not published by government agencies or instrumentalities.
Descriptions of, or commentary on, the law These materials are not binding on courts but they have persuasive effect and/or the
degree of persuasiveness. Aids in explaining what the law is or should be. With regard to commentaries or books, treatise, writings, journal articles, the
reputation or expertise of the author is a consideration. Can be used only aspersuasiveauthority Secondary sources vary widely in their relative weight as persuasive authority.
DISTINCTION b t
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DISTINCTION between
mandatory and persuasive
authority See answers to previous question. Mandatory primary authority is law created by the jurisdiction in which
the law operates like the Philippines;
Involves knowing which law-making bodies issue legal authority for a particularjurisdiction. Concept of jurisdiction initially involves a determination of whether anissue that arises in a particular geographic location is governed by national law.
Involves making judgments as to the similarity of facts and issues to thecircumstances in the problem that is being researched.
Mandatory statutory authority must be followed; mandatory judicial authority mustbe followed under the principle ofStare Decisis, unless he court decides that changedcircumstances warrant a different outcome.
Doctrine ofstare decisisencourages stability of the legal system and providesmechanisms for individuals to predict the outcome of their behavior. However, thereis a need to be responsive to change.
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DISTINCTION between mandatory
and persuasive authority
Persuasive mandatory authorityis law created by other jurisdictionsbut which have persuasive value to our courts e.g. Spanish andAmerican laws and jurisprudence. These sources as used speciallywhen there are no Philippine authorities available or when thePhilippine statute or jurisprudence under interpretation is based oneither the Spanish or American law.
Do not have to be followed but which may be used as examples ofgood reasoning
Important if mandatory authority does not exist in a particularjurisdiction, or if the researcher wishes to look for arguments as to whyexisting precedents should be changed.
See Legal Research and Bibliography by Ng Po Po, pp. 135-141
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Tools for Legal Research
Electronic Sources: Computer Databases Internet
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Tools for Legal Research
Printed Sources: Constitution Statutes Court Decisions Administrative Rules Scholarly Commentaries
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Tools for Searching
SCRA Quick Index Digest and other Digests Lex Libris Law Dictionaries Citators Indexes Directories Tables
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1973 Constitution- ConCon Archives in the U.P. Law Library
thru its indexes 1987 Constitution
- Records of the Philippine ConstitutionalCommission. 5 v.
STATUTE LAW
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Journal 5 v. Index (Computer, UPLL) One can also consult the following books: To know how certain provisions in the 1987
Constitution were interpreted by its framers, it is
best to consult the 5-volume Records of the
Philippine Constitutional Commission and its 3-volume journals.
Computerized index in the U.P. Law Library.Access can be had through the number of the
Articles, subject, and name of sponsor/discussant.
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1986 CONCOM PROCEEDINGS
Available in CD Rom by CD Asia
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TREATIES AND INTERNATIONAL
AGREEMENTS
6.2.1. Texts: OFFICIAL GAZETTE
D.F.A.T.S. (Department of Foreign AffairsTreaty Series)
P.T.S. (Phil. Treaty Series) U.N.T.S. (U.N. Treaty Series)
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TREATIES AND INTERNATIONAL
AGREEMENTS
6.2.2. Indexes: PHILIPPINE TREATIES
INDEX 1946-1982 (Bilateral & Multilateral)
INDEX TO U.N.T.S. every 100 volumes U.N. MULTILATERAL TREATIES
DEPOSITED WITH THE SECRETARY-GENERAL, STATUS as of 3 December 1997.
3 V.
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PHILIPPINE TREATIES INDEX 1946-1982 SUBJECT APPROACH COUNTRY APPROACH
UN TREATIES INDEX SUBJECT APPROACH CHRONOLOGICAL APPROACH
UN INDEX TO MULTILATERAL TREATIES SUBJECT APPROACH
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STATUTES PROPER
Total no. of statutes _______ to date
TERMINOLOGY OF STATUTES- Acts or Public Acts 1900-1935 4,275 laws- Commonwealth Acts 1936-1946 733 laws
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TERMINOLOGY OF STATUTES
- Republic Acts 1946-Sept. 21, 1972 6,635 laws- Presidential Decrees 1972-Feb. 20, 1986 2,035 laws- Batas July 23, 1984 Feb. 1, 1986 891 laws- Executive Orders Feb. 23, 1986- July 26, 1987 302 laws- Republic Acts, July 27, 1987 to August 24, 2007(R.A. 6636 - R.A. 9494 (Declaring Mibilisan Watershed, Misamis Oriental
as a protected Landscape area, providing for its management) - 2,858laws
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STATUTE LAW
17,729
17,4662858
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6.3.4 To determine legislative intent - look at the Legislative
history of the laws
Approaches: Use the Index to Congressional Record or Journal b. Use History of Bills and Resolutions volume.
Arrange numerically bill no. - H. No. S. No. P.B. No. C.B. No
Locate the date of the Second reading as debate/discussion ofthe law is made.
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ADMINISTRATIVE REGULATIONS AND RULES
Official GazetteThe National Administrative Register, v. 1. 1990 -(Quarterly) Publication by UP Law Center
Publications of particular administrative agencies SEC Folio, 1946-1976. SEC Bulletin SEC Weekly Bulletin Civil Service Reporter Financial Journal Central Bank Annual Reports and Compilations Rules and Regulations Implementing the Labor Code Rules of procedure of Adm. Agencies
4V. U.P. Law Center, 2007.
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Comprehensive Agrarian Reform Program andPresidential Issuances
Department of Justice, U.P. Law Center 2003. Insurance Reporter
ORDINANCES COURT RULES MILITARY RULES
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STATUTE LAWPRIMARY SOURCES SECONDARY SOURCES FINDING TOOLS
1. Constitution1987 Records of the Philippine
Constitutional Commission 5 v.Journal of the Philippine Constitutional
CommissionJ. BERNAS, The 1987 Constitutional
of the Republic of the Philippines1988
A.Padilla Ambrosio, the 1987Constitution, with comments and
cases, 1987, 2v.Other commentaries
UPLL COMPUTER INDEX
to records of the Philippine
Constitutional Commission
Index found in the Book
2. Treaties andInternationalAgreement
3. U.N. Treaty Series
TIARA (Treaties and International
Agreements Researchers Archives
-CD ROM-Philippine Treaties Index,
1946-1982
-Index to U.N.T.S. (every
100 volumes)-TIARA (CD ROM)
Philippine Treaty Series
5V (UP Law Center)
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RESEARCH IN CASE LAW
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Case law divided into: Conventional decisions - all rulings made by regularly
or specially Constituted Courts
Subordinate decisions - all rulings made in accordancewith law by administrative and legislative tribunals
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Supreme Court Decisions
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Court decisions are collected chronologically involumes called case reports, and summarized by
subject matter in reference works.
Texts: Philippine Reports v. 1, 1901 Philippine Reports, v. 1, 1901 -
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Supreme Court Decisions
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SCRA v. 1, 1961 - Official Gazette, v.1, 1901 - Prewar issues available
on microfilm at the U.P. Main Library
Supreme Court Unpublished Decisions, March1946-1960, compiled by David Nitafan 2v.
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CASE LAW
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The End