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Legal Research Notes
Legal Research Notes
Legal Research Notes
Chapter 1
INTRODUCTION TO LEGAL RESEARCH
A. Legal Research, Defined
It is the process of finding the laws, rules and regulations that govern activities in human society. It
involves locating both the laws and rules which are enforced by the State and the commentaries which
explain or analyze these rules.
Legal Research is also defined as the 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.
B. The Need for Legal Research
In order to provide a competent representation which requires the legal knowledge, skill,
thoroughness and preparation reasonably necessary for the representation.
To uphold the standards of the legal profession
In order to become a competent practitioner
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- Court of Appeals
- Trial Courts (RTC, MTC, MCTC)
- Third primary source
- administrative law, or the regulations and decisions of government agencies
- state agencies promulgate regulations governing behavior within their areas of expertise
- agencies also act in quasi-judicial capacity by conducting hearings and issuing decisions to
resolve particular disputes
2. Secondary Materials (commentaries and annotations) vary widely in purpose and quality, ranging
from authoritative treaties by great academic scholars to superficial tracts by hack writers. It can help
analyze a problem and provide research references to both primary sources and other secondary
materials
- Publications which are not primary authority but which discuss or analyze legal doctrine are
considered secondary materials:
- Treatises
- Commentaries
- Encyclopedias
- Most influential legal writings
- academic journals (law reviewers of law schools)
- IBP journals and Lawyers Review
- secondary materials through the use of:
- law library catalog
- legal periodical indexes
- other bibliographic aids
- commentaries from the primary sources
3. Finding Tools search materials to locate legal sources; means of locating primary sources
-
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problem into general, and increasingly specific, subject areas and to begin to hypothesize legal
issues.
-
Consult general secondary sources for an overview of all relevant subject areas, this can
be used to provide background information to help formulate issues; they are tools NOT the
objects of research
Statement of the issues should be arranged in a logical pattern to form an outline
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2. Issue(s) question that the court must decide to resolve the dispute between the parties in
the case before it.
Identify the rule of law that governs the dispute and ask how it should apply to those facts
3. Ruling courts decision on the question that is actually before it, but if they do not relate to
the question actually before it, they are dicta or dictum (expression of opinion or a point
other than the precise issue involved in determining a case).
* provides the answer to the question asked in the issues
* supported by courts reasoning explaining and supporting the courts decision
B. Synthesizing Cases process of relating the cases to each other. By this process, we can
understand the applicable area of law and then use the synthesis to analyze the proble
1. Understand the applicable area of law
2. Use the synthesis to analyze the problem
3. Synthesizing is the step between your research and your writing
Chapter 4
STATUTORY LAW
STATUTORY LAW consists mainly of the following:
1.
2.
3.
4.
5.
6.
1. THE PHILIPPINE CONSTITUTION law and law of the highest authoritativeness and obligation. As
supreme law of the land, it is the ultimate authority to which reference must be made to determine
the validity of national laws, administrative regulations, local ordinances and executive actions.
a. Spanish Period
- Leyes Constitucionales de Espana
- Derecho Parliamentario Espanol (3 volumes)
- Ponce, Efemerides Filipinas
- Prologue, Filipinas en las Cortes
b. The Treaty of Paris
- Official Gazette, Vol. 1 (Appendix)
- U.S. Statutes at Large, Vol. 30
- Public Laws (Philippine Commission and Philippine Legislative)
- Acts of Congress and Treaties Pertaining to the Philippine Islands
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e. Codigo Comercio
f. Codigo Penal
2. Secondary Materials
a. Civil law
b. Criminal law
c. Commercial law
e. Legislation in the Philippines during the Spanish period
3. The period of the Philippine Revolution
4. The American Period
5. The Commonwealth Period
6. The Japanese Period
7. The Period after Independence
8. The Martial Law Period
9. Aquinos Revolutionary Government
10. Period under 1987 Constitution
c. Publication on Philippine Statutes, in general
d. Summary of Philippine Legislation
PERIOD
LEGISLATIVE
AUTHORITY
NAME OF
STATUTES
NO. OF
STATUTES
FIRST LAWS
PASSED
1900-1935
Philippine Commission
Philippine Assembly
Philippine Legislative
Acts
4,275
1935-1941
National Assembly
Commonwealth Acts
733
1946-1972
Congress
Republic Acts
6,635
1972-1986
Marcos as Legislator
under Martial Law
Presidential Decrees
2,036
Batasang Pambansa
Batas Pambansa
891
BP 1 - Appropriating
Funds for the Gov't
from Jan. 1 - Dec. 31,
'79
President Aquino as
Legislator in the
Revolutionary Gov't
Executive Orders
302
EO 1 - Creating the
PCGG
Congress
Republic Acts
1986-1987
1987 to
present
Rowena B. Gallego
2,524
Act 1 - Appropriating
$2M for highways and
bridges
CA 1 - Providing for
National Defense of
the Philippines
RA 1 - Appropriating
Funds for Gov't of the
Commonwealth
July 1, 1946-1947
PD 1 - Reorganizing the
Executive Branch of the
Government
RA 6636 - Resetting
Local Elections from
Nov. 9, 1987 to Jan. 18,
1988
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b. Executive Orders and Proclamations of the Governor-General during the American period
were published annually in a set entitled Executive Orders and Proclamations. Thirty-three
volumes were published until 1935, by the Bureau of Printing.
c. Government agencies may also be grouped together in accordance with their powers and
functions:
1. Agencies with implied quasi-legislative powers they have administrative rules and
regulations which have not been expressly directed by law to be issued, but they are
necessary in the proper discharge of the functions of the agency.
Bureau of Forestry
Bureau of Prisons
National Bureau of Investigation
Bureau of Tourism Services
Department of Social Welfare and Development
2. Agencies with express quasi-legislative powers they are specifically authorized by law
to promulgate implementing rules and regulations
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Board of Investments
4. Materials containing Administrative Rules and Regulations are also found in The National
Administrative Register containing rules and regulations, circulars, memoranda and other
official issuance issued by different government agencies, published quarterly; Vols. 1 to 12
(1990-2001) by the UP Law Complex
5. Publications by the particular administrative agencies:
a. Civil Service Commission
Book V of the Revised Administrative Code of 1987 on the Civil Service Commission
lays down the basic policies and provisions of the law on the CSC as the central
personnel agency of the government. It also presents the systems and procedures by
which the operation of the civil service are to be based including personnel
administration.
Omnibus Rules Implementing Book V of Exec. Order 292 and Other Pertinent Civil
Service Laws lays down the implementing rules adopted and prescribed by the CSC
to carry out the provisions on civil service embodied in Book V of the Revised
Administrative Code of 1987. Also includes the revised rules on appointments and
other personnel action and new rules on leave.
Uniform Rules on Administrative Cases in the Civil Service embodies the uniform
rules of procedure in the conduct/adjudication of all administrative proceedings, either
disciplinary or non-disciplinary, in the civil service both at the commission and agency
levels. It also contains the revised schedule of penalties for the classifications of
administrative offenses.
Rules implementing the Code of Conduct and Ethical Standards for Public Officials and
Employees (RA 6713) lays down the prescribed rules set by the CSC in the
application/implementation of the provisions of RA 6713 otherwise known as the Code
of Conduct and Ethical Standards for Public Officials and Employees. Includes the full
text of RA 6713.
Revised Omnibus Rules on Appointment and Other Personnel Actions consolidated
general rules and policies on appointments and other personnel and other personnel
actions in the civil service. This manual also lays down the responsibilities of the
human resources management officer/personnel officer, certain modes of separation
from the service and prohibitions.
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Department Of Justice
a. Department of justice, revised circulars 1963
5. ORDINANCES ENACTED BY THE AUTONOMOUS REGION the 1987 Constitution created the
Autonomous Regions in Muslim Mindanao and in the Cordillera. The legislative assemblies of these
autonomous regions enact ordinances to govern the region and may create administrative agencies
to operate in the regions.
6. ORDINANCES ENACTED BY LOCAL GOVERNMENT UNITS the basic local government units
are the provinces, cities, municipalities and barangays. Each of these units have lawmaking powers
to pass what is commonly called ordinances (to distinguish them from statutes enacted by Congress)
which are usually of local interest only.
A local ordinance is legally ineffective if inconsistent with statutes enacted by Congress.
COMPUTERIZED LEGAL RESEARCH SERVICES the text of the Constitutions and statutes above
mentioned may be sourced from two computerized legal research services.
1. Lex Libris produced by CD Asia, Inc., with the following databases:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
2. Philjuris produced by Gigabytes Research Systems, Inc. also has a database on all laws of the
Philippines.
Chapter 5
CASE LAW
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While statute law is derived from the lawmaking agencies of the government, case law comes from the
judicial authorities of the State.
Case law may be divided into:
1. Decision Proper
a.
b.
c.
d.
e.
f.
2. Subordinate Decisions
a. Decisions of the Senate electoral tribunal and house of representative electoral
tribunal
b. Decisions of administrative agencies exercising qausi judicial powers, such as:
i. Commission on Elections
ii. Civil Service Commission
iii. Commission on Audit
iv. National Labor relation commission
v. Insurance commission
vi. Housing and land Use regulatory board
vii. Department of Agrarian Adjudication board
THE PHILIPPINE JUDICIAL SYSTEM
A. PRE-SPANISH PERIOD trials were held publicly and decisions were rendered promptly. The
accuser and the accused faced each other with their respective witnesses. The latter, to show
their honesty and sincerity, took an oath to this effect. The disputants then began presenting
their arguments, buttressed by the testimonies of their respective witnesses. The chieftain
listened attentively and the elders took mental notes of the arguments. The disputant with more
witnesses to his side was adjudged as winner. In this case, the chieftain, acting as Judge and
executive, enforced his judgment by siding openly with the winner and compelling the defeated
party to respect the judgment of the honorable court. . Under such circumstances, the defeated
party had no other recourse than to bow to the inevitable.
B. SPANISH PERIOD Magellans arrival in the Philippines in 1521 became the basis for Spain to
claim and colonize the islands. Three Spanish expeditions were sent to the islands which all
ended in failure. Finally on November 21, 1564, Miguel Lopez de Legaspi sailed from Navidad,
Mexico to the islands of the West towards the Moluccas and subsequently landed in the Visayan
islands and founded the City of Cebu in 1565. Manila was later founded as a capital city in 1571.
The foundation of Spanish sovereignty over the Philippines had been laid.
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a. In General
Five components:
a. The law to govern the conduct of the people and regulate the relations among
individuals and between the individual and the sovereign.
b. The judiciary which provided the mechanism for the adjudication of disputes among
individuals and between the individual and the government of state.
c.
The law enforcement agencies to uphold the law and enforce the decisions rendered
by judiciary.
- Cuerpo de Cuadrilleros the municipal police under the local government officials
- Guardia Civil the national constabulary, the forces of which were assigned to
particular provinces under the provincial commanders who reported directly to the
governor and captain general
d. The prison system for public punishment of those who violated the law.
- Municipal jails
- Provincial jails
- Major penitentiaries such as the Bilibid Prison and those in Cavite, Zamboanga and
Marianas
- Penal farms or colonies in Palawan, Davao, Cotabato and Zamboanga
e. Legal profession group of persons with legal training manned the judicial posts and
acted as advocates of individuals in protecting their rights.
- Lawyers who were either appointed to the judiciary and public prosecution or were
the practicing lawyers
- Those who had some legal training who were either notaries or clerks appointed to
assist the courts
Hierarchical structure of the judicial system:
The Crown
- King is the unquestioned head of Spanish government
- As an absolute ruler, had the power to reverse the rulings of the Council of the Indies
The Council of the Indies
- Decisions of the Real Audencia in certain cases were appealable to the Council of
the Indies in Serville, Spain
- When the Council was abolished in 1834, its judicial functions were assumed by a
newly created Tribunal Suprema de Espana de Indias
- Creation of the King the unquestioned head of Spanish government
The Real Audiencia
- Supreme tribunal in the Philippines
- Both had civil and criminal jurisdiction in cases of appeal from the alcalde mayor or
Corregidor
- Performed other functions aside from its judicial duties
- The Governor had supreme judicial powers in the Philippines. Even after the
establishment of the Audencia, the Governor continued participating in the judicial
affairs as President of the Audencia
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Special Courts:
a.
b.
c.
d.
e.
f.
The judicial system included the Department of Public Prosecution which represented the
government and its institutions in the enforcement of the law and in all civil and criminal actions to
which the state was a party.
Publication during the Spanish Period:
Jurisprudencia Civil
Jurisprudencia Criminal
C. THE AMERICAN PERIOD with the establishment of the American military government following
the surrender of Manila to the American army, provost courts and military commissions were
created. At the same time, civil courts were recognized for certain civil purposes. Subsequently,
by Act No. 136 of the Philippine Commission, the existing courts were abolished and in their place
were substituted the courts provided in said act.. Thereafter, Congress of the United States,
through the Philippine Bill and. Later, the Jones Law, approved and confirmed the organization of
the courts thus established. As ultimately evolved, the judiciary system instituted was
substantially modeled upon English and American prototypes. However, no division was made of
the tribunals into courts of law and courts of equity as they were known and distinguished in
England and most jurisdictions of the United States. The same tribunal dispenses both legal and
equitable relief.
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Note: The uncivilized part of the Archipelago were wholly unfitted to exercise the right of
trial by jury.
D. THE JUDICIAL SYSTEM AT PRESENT
I.
TRIAL COURTS OF LIMITED JURISDICTION limited to civil suits involving relatively smaller
amounts of money and to minor violations of criminal laws. These are the tribunals in which
most of the controversies that occur in the community are heard and at least provisionally
decided. They are the courts closest to the people. In this level, justice be administered fairly
and with dignity.
a. Metropolitan trial courts
b. Municipal trial courts
c. Municipal circuit trial courts
II.
III.
THE INTERMEDIATE APPELLATE COURT is the body that generally has exclusive
appellate jurisdiction over the decisions of the Regional Trial Courts and other quasi-judicial
agencies.
a. Court of Appeals
i. Presiding Justice
ii. 50 Associate Justice
b. Special appellate courts:
The Sandiganbayan appellate jurisdiction over ceratin criminal cases decided
by the Regional Courts, and also original jurisdiction over certain types of
criminal cases
Court of Tax appeals act only on protests of private persons adversely affected
by the tax and customs laws.
IV.
THE COURT OF LAST RESORT (Supreme Court) at the top of the hierarchy which
determines with finality what the law is and should be. It has the power to review on appeal or
certiorari final judgments and order of lower courts in certain cases such as when errors or
questions of law are invoked and where the Constitution or validity of statues are involved. It
has original jurisdiction over petitions for certiorari, prohibition, mandamus, quo warranto
and habeas corpus.
i. Chief Justice
ii. 14 Associate Justice
DOCTRINE OF PRECEDENT
a. STARE DECISIS, ET NO QUITA MOVERE what has been settled must not be disturbed.
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RES JUDICATA a matter finally decided on its merits by a court having competent jurisdiction
and not subject to litigation again between the same
b. REVERSAL has reference to the action of the Supreme Court on a lower court judgments in
the same particular controversy. When the Supreme court reviews the judgment of the lower
court in a case and concludes the lower court reached an erroneous result in the case, it will
reverse, set aside the lower courts judgment.
OVERRULES one of the past decisions of the Supreme court, the conclusiveness of that earlier
decision as a settlement of its particular controversy is not affected, but the overruled decision is
no longer an authoritative precedent for other cases that may arise in the future.
c. RATIO DECIDENDI - is the holding of the principle of law on which a case was decided. It sets
the precedent and is binding on courts in the future.
OBITER DICTUM is the language in a decision that is not necessary to the decision.
d. BINDING also called mandatory; when it comes from the decisions of Supreme Court and it is
the ratio decidendi of the case.
PERSUASIVE if the dicta comes from a respected justice, it may be persuasive to the Court.
Persuasive authority can come from decisions of appellate courts in other jurisdictions.
FORMS OF DECISIONS
MAJORITY OPINION / UNANIMOUS
CONCURRING
SEPARATE CONCURRING OPINION
SEPARATE OPINION
DISSENTING
CASE LAW MATERIALS
1. Decision proper
a. Decisions of the Supreme Court
Official:
i. Advance Sheet after the finality of the decision, they are published in
mimeographed form; made available to the bench and the bar at the earliest date
possible, much earlier than their publication
ii. Official Gazette official publication of the government printed by the Bureau of
Printing; the decisions of the Supreme Court are published under the section
Decisions of the Supreme Court
iii. Philippine Reports from August 8, 1901, printed by the Bureau of Printing, now
the Government Printing Office; arranged according to dates of their
promulgation
iv. Philippine Reports (Reprints) the destruction of libraries and reserve copies of
Philippine Reports in the Bureau of Printing during the war necessitated the
reprinting of these reports and the undertaking was entrusted by the Supreme
Court to the Lawyers Cooperative Publishing Co.
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Reviewer
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Philippine Decisions
Philippine Reports Annotated
Philippine Reports Annotated (Central)
Supreme Courts Reports Annotated (SCRA)
Supreme Court Decisions (SCD)
Philippine Law and Jurisprudence (PHILJUR)
Supreme Court Unpublished Decisions (SCUD)
Supreme Court Advance Decisions (SCAD)
Supreme Court Excerpts (SCEX)
Summary of Supreme courts Rulings
Citations: excerpts of Supreme Court Decisions
Title Index to Supreme Court Decisions 1945 1978
Supreme Court Decisions Title Index 1982-1985
The Sandiganbayan Reporter
The PCGG Reporter
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ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
Agencies with express quasi-judicial powers agencies given judicial functions over
cases which would otherwise go the regular courts of justice were it not for the grant of
such powers to these agencies.
i.
ii.
iii.
iv.
v.
vi.
vii.
Insurance Commission
National Labor Relations Commission
Commission on Elections
Government Service Insurance System
Social Security System
National Seamen Board
Commission on Audit
1. COA Regulations and Jurisprudence by Central book Supply
viii. Employees Compensation Commission
ix. Civil Aeronautics Board
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a.
b.
c.
d.
e.
f.
g.
h.
c.
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g.
h.
i.
j.
k.
Reviewer
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c. Navarrete, Digest-Index (of Supreme Court Decisions), for 1957 and 1959
d. Jurado, Leading Cases in Civil Law (Supreme Court), for 1958-1960
e. Daniel T. Martinez, Summary of Supreme Court Rulings, starting from 1986 following the
topic classification in the bar examination
f. Jesus M. Elbinias, Philippine Judicial Weekly
g. Supreme Committee, Supreme Court Digest
B. TREATISES AND TEXTBOOKS expositions by legal writers on statutory law and case law
pertaining to a particular subject and published in book form.
. Administrative Law
. Agency
. Agrarian Reform
. Arbitration Law
. Banking
. Building Code
. Business Law
. Church Law
9
1
0
1
1
1
2
1
3
1
4
1
5
1
6
1
7
1
8
1
9
2
0
. Citizenship
. Civil Law
. Civil Procedure (see Rules of Court)
. Civil Service Law
. Commercial Law
. Constitutional Law
. Construction Law
. Cooperative
. Corporation Law
. Credit Transactions
. Criminal Law (Penal Code)
. Education Act
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2
1
2
2
2
3
2
4
2
5
2
6
2
7
2
8
2
9
3
0
3
1
3
2
3
3
3
4
3
5
3
6
3
7
3
8
3
9
4
0
4
1
4
2
. Election Law
. Evidence
. Firearm Law
. Insurance
. Intellectual Property
. International Law (Public and Private)
. Introduction Law
Agrarian Reform (With Taxation and
. Coops.)
. Investments Law
. Judges and Courts
. Labor and Social Legislation
. Land Titles and Deeds
. Legal Ethics
. Legal Medicine
. Legal Research and Writing
. Muslim Law
. Natural Resources
. Negotiable Instruments Law
. Obligations and Contracts
. Parliamentary Law
. Partnership
. Persons and Family Relations
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4
3
4
4
4
5
4
6
4
7
4
8
4
9
5
0
5
1
5
2
5
3
5
4
5
5
5
6
5
7
. Philosophy, Legal
. Political Law
. Property
. Rental Law
. Roman Law
. Rules of Court
. Sales
. Securities Act
. Statutory Construction
. Succession, Wills
. Tariff and Customs Code
. Taxation
. Torts and Damages
Transportation, Admiralty and Maritime
. Law
. Trial Practice
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C. BAR REVIEWERS bar review materials are very helpful to fourth year law students and those
reviewing for the bar. They are also very important to legal researchers because they present a
concise presentation of the law, legal doctrines and leading Supreme Court decisions in capsulized
form. They are usually very current and include the latest SC decisions.
D. LEGAL PERIODICALS the most serious and highly reputed legal periodical are the academic law
reviews are published by virtually all accredited law schools as training grounds for student editors.
They contain both articles by established scholars and student-written comments and case notes.
Both lead articles and comments are marked by extensive footnotes, making them useful research
tools.
In addition to general law reviews, there is an ever growing number of specialized academic journals,
focusing on topics from ecology to industrial relations. Most of these are student-edited, but a few
specialized scholarly journals, such as the American Journal of Legal History and the Journal of Legal
History and the Journal of Legal Studies, are edited by faculty.
Legal Periodicals - Ateneo Law Journal
Court of Agrarian Relations Journal
Far Eastern Law Review
Francisco College of Law Journal
Integrated Bar of the Philippines Journal
Lawyers Journal
The Lawyers Review
Lyceum Law Review
MLQ Law Quarterly
Philippine International Law Journal
Philippine Labor Law Journal
Philippine Law Journal (of UP)
Philippine Lawyers Association Journal
Philippine Tax Journal
San Beda Law Journal
Tax Quarterly of the Philippines
The Law Review (UST)
University of the East Law Journal
University of Manila Law Gazette Journal
University of San Carlos Law Review
Leading Law Journal in the Philippines Philippine Law Journal of the UP College of Law which
has been in existence since 1910. It is distinguished by its scholarly articles, reviews and
commentaries. It is exchanged with leading universities in the United States and Europe and its
articles by leading Filipino academicians and students of the College of Law are recorded in
bibliographic listings around the world.
Newspapers daily case digests started by Justice Federico B. Moreno
Manila Times
Daily Mirror
Bulletin Today
Times Journal
Daily Express
Philippine Daily Inquirer
Philippine Star
Business Day
E. LEGAL ENCYCLOPEDIA while a textbook deals with one subject or phrase of a subject of the law,
encyclopedia treats of all subjects. It is a comprehensive treatise of the entire field of the law. This
whole field of the law is divided into topics arranged in alphabetical order. It presents in concise form,
brief but comprehensive statements of the current law upon said topics.
A legal encyclopedia as distinguished from law dictionaries is a subject-book which presents to the
user the means of making his own definitions. It deals with a whole field of law as distinguished from
treatise which treats of a portion of the subject. It gives a literary statement of the law as distinguished
from digests which presents isolated summaries of points of law.
Cyclopedia of Philippine Law first attempt to publish a legal encyclopedia in the Philippines,
to be authored by Alvir & Associates. However, only the first volume containing a textual
treatment of the law from A to C was publish.
Encyclopedia of Philippine Law and Jurisprudence (Pedro Venida) only its first volume had
been published
Philippine Tax Reporters specialized encyclopedia on taxation; advertised as a 25-volume
cyclopedia, with annual supplements; deals extensively with the National Internal Revenue Code,
special tax laws, tax rulings, circulars, decisions and treatises. After three volumes, it stopped.
The Philippine Legal Encyclopedia Jose Agaton R. Sibal; published by Central Law Book
Publishing Co.
F. LAW DICTIONARIES are useful for identifying the definitions of words in their legal sense or use.
For each word or phrase, a short definition is given. Some also provide a citation to a court case or
other reference having the source of the word or phrase.
Diccionario de Administracion de las Islas Filipinas published in 1887
Diccionario Juridico Recopilador Martinez de San Agustin, 1922; a study which included
chronological and alphabetical indexes of Philippine legislation and jurisprudence.
Philippine Law Dictionary Federico B. Moreno, 1972; it defined legal terms and phrases that,
as part of our law and jurisprudence, was necessary to a law practitioner. Those definitions are
related to Philippine codes or statues and/or the authoritative court decisions where they may be
found by citation to specific provisions of law or to reported cases.
Dictionary of International Law and Diplomacy Gamboa
Philippine Labor Dictionary Isidro (1966)
Dictionary of Insurance Terms and Phrases Tiopanco (1976)
Chapter 7
SEARCH MATERIALS AND FINDING TOOLS
There have been a large volume of statutory law and case law that have been churned out by our
legislative mill and judicial branch of government since 1900 and the legal researcher needs some means
of subject access into this large body of law. The effective operation of the doctrine of precedent requires
that prior decisions be easily available. Without a topical approach to legal sources, researchers could not
find existing decisions or statues on point.
We therefore need search materials and finding tools for legal research. The purpose of these materials
and tools is not to persuade, nor do they themselves have any primary or persuasive authority. They are
only means for locating primary sources. It is then necessary to read those primary sources to determine
their applicability to a particular situation. In legal research, as in other sense of relevance a keen
appreciation of which sources are legally and factually relevant to the specific inquiry.
A. CITATORS supply references to decisions in which other cases have been cited, reviewed,
affirmed, reversed, overruled, criticized or commented upon, and to cases in which statutes have
been construed, and to statutes in which prior acts have been amended, renewed or repealed.
Philippine Citations first citator published in the Philippines; Dizon (1937); 2 volumes which
contain complete citations found in Vols. 2 to 64 of the Philippine Reports and in the Official
Gazette to April 1947 (including occupation issues) of the decisions of the Supreme Court and the
Court of Appeals as well as of Philippine laws, including Royal Decrees and Orders, Ordinances
of the City of Manila, and other matters.
This citatory provides the researcher with knowledge at a glance whether a given reported
Philippine decision has been overruled, criticized, limited in its application, distinguished or
followed in subsequent reported decisions. Likewise, by consulting the citations to codes and
statutes, the researcher will have before him all reported Philippine decisions wherein a particular
Philippine statute has been cited, invoked, applied, construed or discussed.
Philippine Citations next citatory publish in the Philippines in 1964 by Paras; 2 vols., Volume 1
deals with citations covering Vols. 1 to 82 of the Philippine Reports and issues of the Official
Gazette from 1942 to 1962. Volume 2 contains code citations, statute citations, and citations of
administrative rules as well as Spanish laws applied to the Philippines.
Philippine Citator contained in Volume 11 of the Philippine Digest. It lists all the citations in the
Philippine Reports, the Supreme Court of Spain, the United States Supreme Court, the other
Federal Courts, and the courts of various states and territories of the United States.
Citations in the decisions of the Supreme Court, Court of Appeals, and Court of Tax Appeals,
reported in Vol. 52 of the Official Gazette are contained in the Citator which forms part of the 1956
Official Gazette Desk Book. For 1959 Supreme Court Decisions, a citatory is offered in
Navarretes Digest-Index. Citations are also included in each volume of the Philippine Reports.
B. INDEXES usually means a subject-index which is like the index found in textbooks, statutes, etc. A
subject index is an alphabetically arranged topical words in which, by means of references under
each topic, materials relating to these topics expressed in appropriate words is digested.
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