CLASSIFICATION OF LEGAL INFORMATION SOURCES:
AS TO AUTHORITY, AS TO SOURCE, AS TO
CHARACTER
The Philippine legal system may be considered as a unique legal system
because it is a blend of civil law (Roman), common law (Anglo-
American), Muslim (Islamic) law and indigenous law. Like other
legal systems, there are two primary sources of law:
PRIMARY SOURCES:
1) Statutes or statutory law
a) Defined as the written enactment of the will of the
legislative branch of the government rendered authentic
through the enactment of congress
b) Statutory law includes constitutions, treaties, statutes
proper or legislative enactments, municipal charters,
municipal legislation, court rules, administrative rules and
orders, legislative rules and presidential issuance
c) Consists of two types:
i) Constitution
ii) Legislative enactments
2) Jurisprudence (case law)
a) Cases decided or written opinion by courts (Ex: Supreme
Court) and by persons performing judicial functions
b) All rulings in administrative and legislative tribunals such
as decisions made by the Presidential or Senate or House
Electoral Tribunals
However, there is also Muslim Law:
1) Primary Sources of Shariah
a) Qurna
b) Sunnaqh
c) Ijma
d) Qiyas
SECONDARY SOURCES:
1) Created by lawyers, scholars, non-governmental bodies, or
government officials not acting in their lawmaking capacity.
2) Usually commentaries explaining how the law came to be, or
analyses and critiques of the law.
3) Ex: Encyclopedias, treatises, periodical articles, opinions of the
Department of Justice, Securities and Exchange Commission or
circulars of the Bangko Sentral ng Pilipinas
4) Not binding on courts but they have persuasive effect and/or the
degree of persuasiveness
! Lawyers must ALWAYS rely on primary authority when they argue their
cases, and judges must rely on ENACTED LAW rather than secondary
authorities.
NON-AUTHORITY
1) Any primary or secondary authority that’s not “on point” cos it
doesn’t cover the facts of the client’s case
2) Any invalid primary authority, like an unconstitutional statute
3) Any book that is solely a finding aid (Ex: case digests)
Classification of Legal Sources
Primary Authority is the only authority that is binding on the courts.
Primary Authority or sources may be further subdivided into the following:
MANDATORY AUTHORITY
● Whatever the court must rely on in reaching its conclusion
● Ex: Another court opinion, a statute, or a constitutional provision
● Two categories:
○ Enacted law (statute, constitutional provision, ordinance,
or regulation)
○ Other court opinions
● Mandatory primary authority is law created by the jurisdiction in
which the law operates like the Philippines
● Any ENACTED LAW is mandatory authority if:
 ○ The EL is being applied in a geographic area over which
the authors of the have power of jurisdiction
○ It was the intent of the authors of the EL to cover facts
that are currently before the court
○ Application of the EL to the facts does not violate another
law that is superior in authority (Ex: Constitution)
PERSUASIVE AUTHORITY
● Whatever the court relies on when it is not required to do so
● Two kinds:
○ A prior court opinion that the court is not required to
follow but follows because it finds opinion persuasive
○ Any secondary authority that the court is not required to
follow but follows because it finds the secondary authority
persuasive
● Persuasive mandatory authority is law created by other
jurisdictions but which have persuasive value to our courts e.g.
Spanish and American laws and jurisprudence. These sources as
used specially when there are no Philippine authorities available
or when the Philippine statute or jurisprudence under
interpretation is based on either the Spanish or American law
Still, with regards to Statute Law in the Philippines, the other problem is
how to classify sources published in the newspapers. Since 1987, based on
the definition of primary and secondary source, they may be considered as
primary sources pursuant to Executive Order No. 200, s. 1987 which
provides that laws become effective fifteen (15) days after publication in the
Official Gazette or in two newspapers of general circulation. In case of
conflict between the two versions, the version of the Official Gazette holds.
Classification by Character
This refers to the nature of the subject treated in books.
● This classification categorizes books as
○ Statute Law Books
○ Case Law Books or Law Reports
○ A combination of both
○ “Law Finders”

CLASSIFICATION BY SOURCE
● Primary Sources
○ those published by the issuing agency itself or the official
repository, the Official Gazette
○ Laws and Resolutions published by Congress
○ For Supreme Court decisions, the primary sources are the
Philippine ReportsCourt decisions in the Official Gazette
is selective

● Secondary Sources are the unofficial sources and generally referred

to as those commercially published or those that are not published
by government agencies or instrumentalities