LEGAL RESEARCH MATERIALS, THE LAW LIBRARY: REVISITING TRADITIONAL LEGAL RESEARCH METHODS Mima S Flin! INTRODUCTION Lawes know that the law Horary and the techniques of legal sescarch ar introduction of new technology, a lawyer has t teach on probiem through ligal research ‘The purpose of legal research is to ascertal “Peril set of actual or potential facts. Its always Suggest indeed dictate ~ the asus of law that need to be rescarched. The kero ‘uecessl legal research is organization. Invaluable in legal research is how to nd 8s and apply all these legal materials 1 the interated sls of legal anaes, roblem solving ane writing in the legal consequences of a the facts of any given situation nat The key to succes legal research is organization, As with any simpler, se nec game plan that els you comprehend and complete the jb at guy ‘tep) n5y and thoroughly as posible. For legal research, the bes plan spline be ‘ese sth process by breaking it down imo basc steps that tha it becomes an cash understandable pros, To achieve th, the la they ta eating pace discover what i appropriate o problem solving. 2. CHARACTERISTICS OF LEGAL MATERIALS Before one can begin to understand the methods employed in legal research, itis necessary to know thatthe legal sources you are conslng have legal author Legal autor any pubhed sure of aw sein oth eg res, el deen cor legal reasoning that can be used as bass for legal decisions. When utilized in Excune Divcor, Mantis Cinng Leptin Of. Sent Coun o de Piies ‘ou Wav Hest, Depart Leg Med et Reearch lp Joel end Pacer, Caner oth Pps Cate aw lek at ‘ore TPANETIONAL MAR 2009] REVISITING TRADITIONAL 173 LEGAL RESEARCH METHODS scusions about legal search, the term authority is usd to refer both tothe types flea information and to the degree of persuasiveness of legal information ‘egal materials or aw books canbe clasifed into thee general categories 21 Primary Sources Primary sources are recorded authoritative statements of legal rules by fgovernmentalinsstutons to be enforced by the State. ‘They are further subdivided into mandatory and persuasive authorities, 2A Mandatory Author Mandatory authority is the authority that a given court is bound to follow. Constitutional provisions, statutes, international conventions and treaties, judicial decisions administrative rules and regulations, ordinances and court rules constitute mandatory authorities. As between an official and unofficial citation, one mast cite the oficial sources firs. 212 Posuasce Authoriy Persuasive authority is that law or reasoning which a given ‘Our may, but i not bound follow. Ifa cas isnot binding on late courts but contains an excellent analysis and therefore Provides guidance for any cour which happens to read ii Persuasive author. Because of the cogency fits reasoning, the high standing ofthe coure deciding it o the eminence of 5s author, persuasive authority may tend to sway a court even ‘hough isin no way binding upon it? Other examples of peruasive authories are Opinions of die Secretary of Jusice and administrative agencies and even ‘ther foreign judicial opinions which have a significant effect pen Piping jursradceexpecaly when the las or a RAC sm Dy Dunes Mutees tn, 2 {hsp See ER Poses, POSTS oF ad Rasa, “MO uc HL BMIRAR Bence EMME Ls Resa Ht,K:6.0150, LOA RESEARCH, 66 196 i MLL Cones KC. 0150 ds p28, wae LEGAL RESEARCH MATERIALS, ’ Moma 8. Faison Sccondary sources are those materials which are not primar, authorities but annotate, discuss of analyze legal doctrines considered secondary authorities. These include treatises, looses Fantee®y restatements, hembooks, casebooks, legal encieloned: practice manuals, form-books, legai periodical artles, and anrsunny compilations for their annotations. They vary in purpose and sual Fanging from authoritative treatises by academic scholen we Superficial works by hack writers. The best of these works ha Persuasive value depending on the prestige of their authors or the ‘uality of their scholarship. Secondary sources can assist in analvzing @ problem and their footnotes provide references to primary sources and other secondary materials.> 2.21 Restatement of he Law Rexatemens of the law are a sey of import commentaries on American Law which rere 1 ope tnd aril hers of American commana rete th Armen Law Inte (LDP bee rer scolar ad jun, covers eleven speck pe ne law, Seen cote af lw cna, fora a agen, prope, rotons acuriy, ter = “ta eampetton Now on ides eta Sn ber snd tables of eorex sans ee : to West's Key Numbers System and ALR reference: annotations. the Example: Restatement (Third) of the Forign Relations Law of United States (ALL, 19856) Looseleaf Services i 222 AR 2009] 223 REVISITING TRADITION 41 W735 LEGAL RESEARCH METHODS Looeleat services are frequently supplemented reseateh tol, Whisk focus om speci: subject areas and onsin primar legal sources, inding aids and secondary materia Thee Publications provide comprehensive and current acc specal fields such as family tae labor law. tan laws secon equations etc. and are published by commerialensies ie the Bureaa of National Affine BNA and Commerce (Gearing Howse (CCH Examples: BNA’s Lator Relation: Reporte (CCH Standard Fedral Tex Reporr Legal Encyapeias Legal enexelopedias are mult-volume sets describing stematicaly the entire body’ of law wherein expostons ‘statements on principles of aw are alphabetically and topically farrarged. These texts are non-critical in approach and provide supporting reference 0 cates in the foomotes However, the researcher should realize that one should read the cases cited to see if they are in point, There axe no table of cases inthe indexes. Leading American national examples are the American Jursradene, 2a (Am. Jur. 24) and the Corpus Fors Seandum (CJS). While tending to be general and simple in its analyses, both volumes provide an introduction to tunfaniliar areas of law, explain the concepts and legal terminologies. Access to them can be made through the indewes found in each volume or the complete indexes atthe fend of the set ‘oe were cary temps op ep nese in es published the fst the Philippines. Alvir and Associates put volume of Cpa of pin Law wie nyo was of Venil’s Exo of Pie La od sae cout. Unfortunately, both endeavors died a natural deat _ ajo Abe JUURNAL [176 na Mensny 8D} DUO la IRNAL, RCH MATERIALS, Myra. eine (Vou. 34No1 Examples: Corpus Juris Semon (CJS) West Pub, 1959 Oly & Sy. Anscn Jaisradince 24 (Am. Ju 2a) Lawes Coop, 1965-1978. 88. rdenatinal Engl of Compete Law. Exgrlpedia Judea Epatle (F Seix, cd 1910. 30¥. Mader Lael Systems: A Cypatia (K. Reser, Hlbun’s Laces of England. 24.08, 1952. 12 Engel of Pubic Intentional Le. 92.12 224 Hombsaks ‘A hombook is 2 popular reference to a series of weaties published by the Wes Publishing Group, each of which reviews a certain fld of law in summary textual form 22 ‘opposed to a casebook which isa teaching tol and inde, ‘many reprints of cour opinions * Bxamples: Prose on Tots » Calamari & Prison Cnacs Practice Manus Practice manuals provide you with good understanding of th procedural and substantive law as well as “hands of insraconsnecesary to le and prose your cat. Sie to handbooks, they usally cover a specialized area practice. Examples; Handbook on Trial Advocacy (USAID, 2008) REVISITING TRADITIONAL 7 LEGAL RESEARCH METHODS Aeris Jspee Tl. 1964-1984. 30 ‘This set covers mates common all ‘9pes of tial practice I also inches Mode! Tals on specie types of was, fe, penonal injury, criminal and busineseeated cases writen by experienced ti lanyes Anion Ferd Proof Fas 1 provides a deuiled discusion of ‘what must be proved in etaly every kindof cil or criminal cae, Access (0 the varied topes ie made through ts subject matter index and a ling of collateral references for each subject. Kao contains checklists and planing kuides to aid in the esablishiment of the facts insu. Thi sete now on is third eres (Am. Jur. Proof of Fac, 36) 1988-2002 in 65 volumes. 226 Fom-Boce Form-books ate aids in drafting legal documents and include ‘sample instruments which are standard guides for an atone Some formboots are annotated, containing forms of ingruments and reference to cases which have favorably construed the provisions or ecitoril comment, samples: S. Guevara, Lago! Forms Aaa. 1977 LM. Taiada & FA. Rodrigo, Philipines Femi, 1979. 2v FG. Fisher, Philippine Lge and Basins Forms (ed, 1948) Anticon sence Legal Forms, Amol. 1958.55. Hv. with pocket supplements TBPJOURNAL.LEGAL RESEARCH MATERIALS Ve 227 » Lo bona Fane (Vou 3401 BBMAR 2009) REVISIFING TRADITIONAL 19 LEGAL RESEARCH METHODS AmencanJarspradence Lal Fos, 24 ei} 1076. 19 24) 100. 3 weres (ALR. 34, 1965-1980 100%. 4 series ALR. 49) 180-1992, 90 Amaro Jerspradence, Pladigand Pate Fo, Shseis/ ALR. 58, 19920 dae Amite. 1956-1989, 23 v, with paces supplements Editors select a cate in point 0 “be ‘lusrate a principle of law that ‘atone warrants annotations and dicuses ll Annotations are explanations or commentaries or extensive eee oes based on the sues within an opinion of « cour walk eae ee ae appended after a reprinted case in a campilation, Ii bem organized into coherent statement of law but do nx To check if an ALR annotation 1 question these decisions? or reconcile conflicting decison, superseded of supplemented, we the regarding the topic. There are two kinds! (a) statutory — a Annotation History Table located at brie history ofthe law and facts of cases interpreting sates the back of each volume of the ALR, passed by the legilanure which are usually found in codes and Index ‘compilations and cites research references ta other secondary materials inding Tools Hemp: Allin Ansel Lane PAL) It ie the lanyers jb to atcerain the state of the law on & particular lusue in onder to be able to predict with resonable censingy the US. Code Arsotted USCA) succes ofa cause of action or the success of defense. ‘Thus, they are faced with the problem of locating primary authories on which they and the court wil rely on in determining the outcome of a case 2 ’ Because of the growing mass of information emanating from las, (b) Textual ~ expository esays of vaifing lengths of icant legal topics choven for cect eases with adminiswative regulations, and jdical opinions which when published are arranged chronclogialy, the lawyers need to have US. Code Site USCS) te emays fubject acces f0 them. They ot ony ect be updated but they Examples: Syne Gt Rept, dame! GORA» Ive wate lan anda in pon in nec apraivet ae 1961 0 de as precedents Annotations can be located through Incuded inthis extegory are search books, indexes, ig, ae the use of the Subjecindex icone, directory, ables, ator and other tools which ad in ‘Annotations found in pages 591-624 of ‘the use of primary and secondary sources. rolumes 23.1 Dew Digests are indexes to reported cases, providing. brief, ‘unconnected statements of cour holdings on points of lve which are arranged by subject. They reprint headnots found in the case reports. American Leno Reports (ALR), 1* series, 191% 1948, 175 v.20 series, 1948-1965 (ALR: TBP JOURNALLEGAL RESEARCH MATERIALS, 180 eNAL Moma. Fine [Vou 34X01 Phatpine Digest, (1901-1945) 13 Republic of he Prins Digest. (46-1965 and supplement Examples Phippin Ret, 974 wo dae (UP Law Cener SCRA Digest. 4, ith Annual Index Die Aric Lae Reports (ALR) Digests Ameisen Digest Sten ~ indexes al the deen reprinted in the National Reporter System i 11 units of Desmnia! Dist with a Gr! Dye to keep it current. It uses the Wea lasification system which divides the bw 7 main dasses: Persons, Propery, Cones, Tors, Crimes, Remedies and Goverment Each subclass of topics is assigned a boy number which is cumulative, Tt has 2 ble of ‘eases and Descriptive Word Index 23.2 Law Dictionaries Dictionaries collect the definitions of legal tems im alphabetical order with citations (0 sources either fom & statute, decision or text Examples: Ballantine's Le Dictionay (34 ed, 1969 lacs Laue Dictionary (7 e, 199 Bruiers Law Ditonay. 1914. 3. (MJ. Gamboa, Dismay of deat eo Diploma. 1973 F, Moreno, Piipine Law Dicionay (4 he 1962 1G. Khan, J, Borba Dionay ‘La, 2007 MAR 2008) 233 REVISITING TRADITIONAL, lat LEGAL RESEARCH MtETHODS nox eto of amatalLs (Clive Parry, eral ,eds, 1986 JA Sil, Pyne Lgl Burl 1986 Stoves Judi! Disa of Weds and Pass hed 17 Wet Legal Thesur Dion, Word Paes. 39. eas CChators are retearch aide which provide notational information on the wns of « pariclar cae Iw oF the ‘arent satus of a saute, ‘The puposts of & etalon are five the history and the keatment ofa dedsion or satute by ‘means of symbols, Additionally, it can be sed to Bnd other decisions similar 10 or dependent upon the case under ‘consideration. To wie a citar, a researcher must have 3 ‘ation oa decision on a principe of case lw or the agon toa arte, Then, one proceed othe appropriate volume of the ctaors which ae arranged by jurisdiction and the listing ‘of volumes of eas reports or statutes covered, ‘The term *Shepardze” which i in current use may be defined as the process of checking the status of cates or states in the Shepard's Giaons The history of the Gecisions indicates subsequent appet and te disposition of the appeals indicated! iter as afired, meodied rover ‘superseded of vacated, ‘This i followed by dhe weatment of the decision which includes the citations of subsequent eases which ecized, expanded, explained, folowed or overuled the decision or merely cited the decision, Insofar as stautesGuation are concemed, the notations cover the form and operation ofthe lw by the legislature and the courts. Is operation ie Menied by abbreviations denoting legiatve changes, ie amendments, repels, revisions, re- enactments, etc, and judicial interpretations such 38LEGAL RESEARCH MATERIALS 182 . Mm Fea [Vou 34No1 ‘consituional, —unconsictional, imalid ot ‘unconstitutional in part, et vei ‘There is a Shepard's Gitator for every state and federal report, codes, vetsion laws and all the unite of the Navona Reponer System, Examples: Dizon's Pippin Cato (1937) A. arin Can. 2.188 Pie Clan ae ani 1 ad 3 sta rips Dad fe Rpg pe Dd epee Sipe Fl Cin 284 Ie Indexes are alphabetical ins of important words and conceps covered in a book, a set of books or research sources tat assis the researcher in locating the primary or secondary Examples: RB, Gorospe & LF. Echiveri. Inder 0 SCRA means, 1-827, 1961-2001 (JA, 2002 Inder 19 Official Cage, 1945-1985 2 (Supreme Court Library Senice) SCRA Qik Fades Dit, 6 x. Supplemented annually Teuhians na to information about lawyers, law. ca a meer pone | pubers, law Gms! webs, descriptions iba or fneon of agencies and conta enon MAR 2009) REVISITING TRADITIONAL, LEGAL RESEARCH METHODS 183 Examples Supreme Cour ofthe Philippines Law Lit, 2003, Morinda Hable’) Law Dirty. 4 ‘Ansualy Dine of Aieen Lgel Selon. PN (Quisumbing, MS. Feliciano & LA. Mangua, comps) 1985. Wet Lael Dino, AALS Diet of Law Techs 236 Tobe Usually, Tables are alphabescal Intinge of case names oF states with references to the law reports or publications ‘where the cases or laws canbe located. Another type of able is that which gives the comparative oF parallel cations to ficial and unofcal cate reports or compilation by sanes Examples Nata Repro Ba Bask . ison. The 1987, 1973 @ 1635 Piippine Consttatns; A Conga Tobe 1989 24 Other Sources pions of Lge ages Example: Manes, Comm th Spl Co 24.2 Other Sa nd orig Sores “These sources can only be uslied if he Philippine lw was patremed ater foreign lw. Example; US. Constition PRELIMINARY STEPS Before using the library, erica factrelaed steps that must precede research aw books are the fllowing184 4 32 LEGAL RESEARCH MATERIALS me Fc (Wou. 4X01 ater the rom he probe iby ou cei and puritan paper nme fre) "Wiad one UH ey + Who did itand ro whom? © What wae done? © When was it done? Where wasit done? © Whe wasitdone? 1+ How was it done? ‘Analyze the Facts Tn fact analysis, one focuses on five elements common t© mo problems. The purpote of sich analy i the suggested points of departure in the search for legal materials. In considering each ‘element, one should concentrate on “eatch words” legal concep descriptive words in the problem since these wil lead to ree ‘words in law books such as digests, encyelopedia, indexes, lem treatises, tc. For guidance, use che TARP rl a flows © T~ Thing or Subject Mater inthe controversy without which the problem would not have arisen. Does the controversy invose propery? Contract? Negligence, ete? Identify all signicant things percepsible othe sense involved in the problem, 1eA~ Cause of Action or Ground of Defense, ‘The ease of aco the claim asserted by one person against the other while the ‘of defense is the posiéon of one against whom the dam acne. Identify the alleged infraction or wrong suffered bythe Plain or thove reasons in law or fact given by the defense wi These claims arguably should not be recovered or why the cst tray not be sucess. si breach of consac?) Negi? ee serhnwmdped Pr en Phi PNOHMETAS FTG EAR 1 Ge A REVISITING TRADITIONAL 185 LEGAL RESEARCH METHODS, “Tort? On the defense side, i it impossby of performance? Exioppel? Contiboery negligence? 4 R-Relef or Object Sought. Thi element invaes the purpoe of binging the suitor pretenting the claim. Tis the deterination ‘tthe legal ered inthe igh ofthe problem presented. 1 2 Shit for damages Abatement of nuisance? Rescsion of contrac Hadas eo? 1 P~ Paris, Peront or Places This element nudes the relaiomip of the parties and whether they belong t0 special ines or group of have similar profesional or commercial Tewices. One mn identhy the perons who were diay oF Tndireciy involved in the problem. Thi is alo te of actives fuch as insurance? Basking? Shipping? Pracice of law oF tredicine? Examples of rlasonsip between pares ae husband Td wife, employerempoyee, storey and cent landlord and enum, dovior and paien? The purpose behind his Jdenieation i to determines dere are speci laws that govern ‘he elationstip (One should aio idensify the place where the act occured for jporpeses of ven ato where fo le such acon. 53.2.1 In gathering your facts, you must sso ascertain the flowing ‘ely sources of information: “ePeople ~ In any event that occurs consider liens, witnesses oF perhaps o whom the wimeses or wns have spoken about she ase i persteniafixnaon «Tangible evidence ~ This might be physical esdence which may vez ontract of wil in dsp, or the aca weapon wed in & criminal ese, Books, periodicals and reports ~ Depending upon she rare of seers ook for plce reports, hospital records, business reports srndndc, maps or even scent, geographic or meteorclogica! information,186 LEGAL RESEARCH MATERIALS Syme (VoL. 34X04 + Eiger wines + LM Taada & Carron, Poli Zw ofthe Philipines. 2 HS. De Leon and EMS, Lugue, Testo ot Nae For background information, consul Tie Contin of he Republi of Consintion (1982 he Piipins: Dro Papal of te 1986 UP. Lew Cnsston Pret sbmited wo the Consitaional Commision om June 5, 1986 in 2 + RG. Martin, 1979 Constaion ofthe Pipi Nos, Comment volumes, ot ‘The Commentaries and interpretations on the 1987 Constitution are: B Femunde lie Cn! Ca Ss . EV, Fem tes + Jn Bas Te 87 Csi fe li of te ‘© Ssagani Cruz, Coitininal Lae (2003) “The ouster of President Marcos diet the People Power Revolion on Febraary 25, 1986 paved the way fora Provisional or Treedom Gonssution under President Corazon ©. Aguino. Pursuan’ 1 i ‘Arde V, a Consasonal Comision was constiued, compat of 48 members on Apri 3, 1986. Afer 133 days, te proposed nw > Constuson consiting of 18 aes and $21 sections was sibited to the President on October 15, 1986. It eas aifed by the people ia plebiscite om February 2, 1987. The New Charteris described # “prolife, pro-people, pro-Fpino and amctatrship.” , son he Now ‘Anup iis sc pated fe the 973 Cosine reste of newest pay Se i co es ihe aoa ery a ray education iene and toy ara ere and PS a taatpocranent and aon “© Hector de Leon. Philpine Contato! La (2008-2008) 2v Ambrosio B. Padilla, The 1987 Contin, Wid Comme ed (Cates, 2. (1987) 1+ Vicente V. Mendors, Judi! Raine of Cotittioal Qyeton Cases and Maral. 360 p. (2002, 52, Theatiesand Intemational Agcemenis “Treaties are pact between to oF mote sovereign nations. If dhe treaty is between two nations, itis called a bilateral agreement while a ‘weaty between three or more nations is maltateral agreement. “The oficial text of treaties entered into by the Palippines is publsbed in the Ofial Gaze (O.G). Initially, the Deparment of Fs Afar: ‘Traty Sees (DATS) began publication in August 1947 at irregular intervals but discontinued in 1965. ‘This tsk was taken om by the ‘Universi ofthe Philipines Law Center in publishing dhe Piping ont Ar hc 9810. XDL VAX, TBP TOURNAL,iss LEGAL RI EARCH MATERIALS Som. ene [Vou 34Noy Trea Sis 1S, noon oe eT bn 194 192 ped yt Fag sere ees Deparment o Fag Asis Ite na Indes ich arene aieiay eco Mult ndex wich mange ager Exh ean the cnton ree wba ae sete Treats entered nob the Pilppnes ae reseed with he Screan-Generl nt pned the Ce’ ini Tis Sor (ENTS). The mx comprchonne uc for der tee ENTS. has plated al teats regtered by members The eat appear in thir oil lnguge, ar wel a Engst/Spanih and French andar apropatel indess 10 this Tray Snare pled for eer one honed ‘olumes buat indexes cove vey vanes The ir have chronologic Hing of teats and bjt stangemens oh alphas ing of cousaes under ech wpe ‘The Mutidtral Tats Depa with be Serta Gaal, publi ye Chita Natons is bi-annually revived ling of muldateral convensions arranged by subject. Each resty. provides citations, current information a: to the status of the treaty. the numberof signatories, and the text of the reservations made by the individual state signatories, Thisis arranged alphabetically by subject. Stanutes Proper ‘Statutes proper is term to designate legislation enacted by national Tegislarures in the ordinary course of law-making "The sarutes of the Philippines ace found in the vasous enactments of ‘the Philippine legislature since its creation in 1200. Sinee the cstablihment of the American civil government in 1900 co 1935, there were 4,275 laws passed by the Philippine Commission and i bicameral sucssor, the Philippine Legstarure. The Commonweal Period witnessfd the enactment of 739 statutes while 6,635 Republic ‘Acts were legisated from Jy 4, 1946 to September 21, 1972 Dusing the Martial Lave period, 2,085 Presidential Decres were promulgate by the Presideit from 1972 wp to February 20, 1986. ‘The intern ‘Bataang Pambayse was created by the 1976 and 1981 Amendment the 1973 Conttution. 1c enacted 891 batas from July 23, 1988 © MAR 2003] REVISITING TRADITIONAL 195, LEGAL RESEARCH METHODS February 1, 1986. total of 302 Executive Orders were ised bs President Corazon C. Aguine under the Freedom Consist, Congress convened om Juv 27. 1987 pursuant 10 the 167 Constitution and has enacted 2.84 Republic cts to dae. The latest law is RA 9520 wich isthe Philippine Cooperative Code of 208 ‘Ths a, there hasbeen total of 17735 artes since LOND. Prete, the test of statutes i pbs nthe Cia! Ge: newspaper of general circulation * Lass are alo published sce 1946 by the National Printing Office now dhe Goverment Printing Office) in the muli-volume set, Laur and Rollins. One ean ao obtain slip laws either from Congress or the Ofc of the Presiden. Receny, the Congres ofthe Philippines produced fie 5) CDs ofthe Las and Resins, 9138 Cagres, 1992-2007 ‘Another official source is che Piipine Pomanent aud Geutl Sais published by the UP Lave Centr in seven (7) volumes, 8 aubject index is found in each volume with « Dispastion Table which gives the stamas of each law. The complete wat of staraes with its amendments is printed in bold face and the orginal form of the provision isin the footnotes ‘There are secondary sources pulsed by the Cental Lawsbook Company ented Fs Lgl Diewnets and the CD-ROMS of Les [Libris Philjur, Acess.aw and dae 53.1 Laide Hiss ‘To determine legatve intent of @ provision of law, one amines the legate hitory ofthe statute. One can utze the index to the annval Cagpesiaal Reo or Congesnal Jewnal which have subjet approsches. If the index is not Swalable, use the Mistry of Bis and Reruns of either the House of Representatives and Senate ofthe Philippines. ‘The search for legislative intent should begin with the Laws ond Resouion volume or the Offi! Gasae where the orginal numberof the House or Senate Bilis given in eft sie margin x1 Oot an aml ae rere Ts Taen,GR Ne 1. Deen os 680A TBP JOURNALLEGAL RESEARCH MATERIALS, 196 : oma 8 Fenn (VoL. 34.No before che tide. With this bil number, dhe nea stp iso tothe Hisoryof Bs and Reus indicating the sess Congress where the complete history ofthe bili outineg under tbe bl under with page references 10 th ‘ongressional Record. Always loate the second reading uy {he bill where the debate or diction ofthe law mae Sometimes, the hearings of the conimitees ofboth Hones the bill are advo recorded. These pore ate by far them important and are feequemdy cited 54 Adminitrative Rules and Re ‘An administrative regulation is subsidiary lave designe 0 explain ce carry out the details of saute that gover an adminisrative agencs The term “rule” is likewise defined as “any agency statement of general applicability thar implements o interprets a lat, fies and deseribes the procedures in, oF practice requirements of, an agency including its regulations incuding memoranda or satemens concerning the intemal administration or management of an agen not affecting the rights of or procedure availabe othe public” (On the other hand, the term “agency” means any department. bureau, office, commission, authority, or officer of the Natoma Government authorized by law or executive order vo make rules is licenses, grant right or prisleges, occupation or busines, and officials in the exercise of disciplinary power as provided by iw. ® within be framework of its authori, each agency isues regulations which, ‘when properly published in the Oficial Gazette (0.G.) or newspaper fof general circulation have che force and effect of aw. ‘since Noverve: 29,1909, dhe date of fect of te Adminishatve Code of 1987, cach rue as provided in Secon 4, Book VIL of the Code shall become effecive fifteen (15) days from the date of fling “with the University ofthe Philippines Law Center unless diferent date is fixed by law, oF speciied in the ale in cases of imminent danger to public health, safery and welfare, the existence of which "dace On Ne 8997 eer tea ASN COEF I, Bok Vt 2 ss pone Cone 8 Bonk Ite 2, inland Menor Git, JOURNAL 1 [MAR 2009), REVISITING TRADITIONAL 197 i LEGAL RESEARCH METHODS ? must be expresied in a safement accompanying he rue, Every re Cstablahing an effense or defining an act whieh pursuant to Lae junishabe as a rime or subject to a penalty shal, n all ests be pablthed in fill text, ‘Thus, all Department Secretaries, Heads of Bureaus, Commisioners and other governmental agencies are recede thre} cetfied copies of every rule adopted by thir repeat department, burs, commision or agency wil the CP Lave Cener Rules and regulation’ to be filed with the UP Law Center shall among others, nla 4) Statements of general appliablity which implement or ) verpet aw by Statements of general appicbity which fic and deseibe the procedure in, o racic requirements of an agen: «Amendments or repel of any prior re; 4) Regulaons afectng private sighs, privilege, oseupation basics; )Adminsratve dcptinary action and dhe governing iss of procedure. ‘Roles and reguaions which need not be fled with the UP Taw Genter indude the following: 2) Thove which ae interpretative regulations and thre merely Suceals nature, thats, regtasing only the penne of the finstrative agency axl aot the publi, +) ruts onthe case sis made in pttons for adoption: 6) Rules lad dou by the headof «government agency on the tesgnmens or workload of hs personnel or the wearing of saniforms; 4, Roles and reqslaions alfecing only a pala or specie sector and crolarized to thems BP JOURNALLEGAL RESEARCH MATERIALS Mama Seine [Vou 34No «)_Tnstructons by administrative supervisors concerning the rule land guidelines to be followed by their subordinates in the performance af ther dies, 9) Memoranda or statements concerning the intemal administration or management of an ageney not affecting the Fights of, or procedure avaiable to, the publi; @ Memoranda or circulars merely disseminating any li executive order, prodamation and isuances of aie: government agencies, ‘The court shall take judicial notice ofthe certified copy of each rue Rds ve { 1) Noth Ean Raper (SE), North Eastern REPOS Second series (NE. 24) ~ Il, Ind, Mash, N.Y. | MAR 2009] REVISITING TRADITIONAL an LEGAL RESEARCH METHODS, ©) Nid Ween Reet NW. Noh Weseen Reporter. second series NW. 24) Lowa. Mich Minn Neb ND,SD. Wis 8) Pah Rip P), Pace Reponter, second sees. 2d) Alaka, Avia. Cal, Cola. Hay. Idaho, Kan Mont. Nev, NM Os, Ore, Cush Wash, Woo ©) South Baton Reporter (SE . Soa Eason Reporte, second series SE. 24)- Ga, NCSC. Vin, W Va 4) Saathem Report So. Souler Repores secon series (So. 24)~ Ala, Fa, La, Miss 1B South Heston Report SW, South Wester Reporte, second series SW. 24) Ark, Ky, Mo. Tenn, Tos. ‘These are supplemented by separate reporters far the most lkgious sates, namely, Cajon Reo (Cal. Rp), ini Deisions (U. Dec) and the Nav Ynk Siphlmant SY Sain ‘heir second series. Although each state report i covered by a digest the index to all these reporters is the American Digest Sistem which consists of three sets of digens that provide smal-paragraph summaries of court opinions wniten by every federal and ‘every state court that publishes its opinions using the West Iey-number system. These the digests ar: © General Digests contain the most recent summaries every month and provides cumulative ‘ables in evoy tenth volume indieating sehich key ‘number appear in which volumes + Decenaial Digests — contain summaries covering 1-year periods which are recompiled from the General Diets. Due tothe increased cate la, Wess compiles hese digests every five years starting with the int Decwsial Digests, 1975-198) and 1981-1985, + Century Digests ~ contain summaries for cases ‘wren from 1658-1896, BP JOURNALZARCH MAT! JALS LEGAL RE 212 Mom Felam (Vou. 34No1 ‘Another important set of books that contain the complete text, of selected court opinions with extensive commentanes annotations are the Amicon Law Repu (A.LR.} plished by ‘he Lawyers Cooperative Publishing Company, The Among Lay Reps, firs to fifth series (ALR, ALR. 24, ALR, 50 ALR. 48, ALR. 5H) are devoted to general and sate loa Jssues while the American Law Reports, Federal Ses (ALR. Fee Is for isues of federal law Each annotation begins with a table of contents, a detailed subject index, a table liking the jurisdictions of the cases s liscusved as well as research references which lead to ra encyclopedias, digests, practice aids and periodical artees ‘The ALR Quick index covering ALR 3d, ALR 4, and ALR 5 carries a History Annotation Table which shows whether your ALR annotation cation is current, supplemented, or replaced. 8 ELECTRONIC SOUCES OF LAW lectonic access to information has become more important to the practice of law especially as to the way legal research in the Taternet is conducted, What ate the advantages of electronic legal research? Fit ofall it stores a large amount of information while taking a small amount of space, Second, the research Sime is reduced or easily manipulated. Lastly, i s ponable because legal research ean be done anywhere D8 Mata search The media fo sictroaie legal reereh ssh or the 2 magnetic disks which can store 720 kilobytes to 14 megabytes data. CD-Roms or the compact dic red-oniy memory wig ‘and can store a large amount of digital ‘computer with CD-Rom drive and gal information of up to 650 megabytes of data. They can either be Recordable (data that has been writen cannot bq altered) or CO. Rewritable where data can be written in an unlnpited mumber 82 CDs in \ 1 {Lex Libris produced by CD Asia andi prot ae Las 1 date; Jurisprudence, 1901 t0 date; Taxation, Local Auto TORR: MAR 20109) REVISITING PRADINION \L 213 LEGAL RESEARCH METHODS Local Gocernment; Environment and Natural Resource ‘fJustice Opinions ofthe Sceresary af Justice: Labor and Social Legidation; Trade, Commerce & Industry: Securities and Exchange Commission: National Adminierative Eleesons, Fanaly {aes Bangko Sentral ng Plipinas: Compendium af Philippine Customs Laws and Regulations: Bureau of Inernal Revenue Legal Inormaion Sistem: » National Department Aadminsative Register; 1986, Constitutional Commision Proceedings: Impeachmen: Proceedings of President Joseph Estrada: and Junsprudence. Supreme Coun Reports, 1801 w date, 3 CDs, Acces to Lavy is a multimedia resource company that publishes the wowolume of Jaws ame’ Sts which isa collection of major Philippine laws, abo in CD-ROMs. is website service is a. le acces com, ‘aw is an instant CD of Supreme Court decisions fiom 1801 to February 2005. ‘The Supreme Cour E-Library is compo of Supreme Court Aecsions from 1995 10 October 30, 2008 in ene CD which i updated regulary Ay, Fernando B, Duque produced 2 CDs, namely, Phippine Lge Fons, expand version, which document forms, pleadings, abstract, of recent laws, Supreme Court cirular, caur jurisdictions and a fossary and Ti Fai Lawyer which contains Family Cour rues and Family Law jurigprodence. Exeyone's Lgal Poms and Pippin Lagal @ Gevomment Fares axe CDs ‘compiled by Atty: Ral A. Sarmiento which isa collection of more ‘than 500 legal forms from simple aidaits to complicated contracts, pleadings and agency forms that has an advanced search engine. (Other CDs avaiable at the U.P, Law Library are: ‘+ ILOLEX (International Labour Organization), 1999, ‘+ UNDP Human Development Report, 1990-1999, ‘+ United Nations Sanctions and International Law. Ed. By ‘Vera Govlland-Dewas (Kluwer, 2001), JOURNAL4° v OVEN, LEGAL RESEARCH MATERIAL! 83 nn i toma § Felina [VoL.34No.1 + Proceedings of the Preparatory Commision on Constitutional Reforms; + West Group Lace Schl Slaton; the Tels You Need to Suceed Law Schoo: + Inierational Humanitarian Law by the International Commitee on Red Cross (ICRC, Geneva ~ also produced a CD entided Healing the World Through Time; No Peace Without Fusice ~ proceedings of the Diplomatic Conference for the Establishment of a Criminal Court; World Deelopment Sources 1998; World Bank Reports from 1986+ + US. Supreme Coat (USSC) ~ decisions of the Court fom 1993-1987 and includes leading decisions from 1783; ‘+ UNBIS CD-ROM - bibliographic output to UN publications with an index to UN databases; © Chivesty of Ota Faculy of Law ~ collection on Civil Law, Common Law, customary law, mixed system and Musi law; © Refworld (UN Human Rights Commission) ‘+ Information USA (US Information Service) + TIARA ~ sestivs entered into by the United States as of January 1992; rl js an index 10 1+ WilunDise ~ produced by H.W. Wilson Co.. it articles to 700 legal periodicals by subject and author from 1990-1998, esa ‘The LawRev Library on Lexis and JLR database on We provides a comprehensive acces to hundreds of law reviews, ‘Online ~The Internet and the World Wide Web ‘MAR 2009) a4 REVISITING TRADITIONAL LEGAL RESEARCH METHODS “Online” means using a computer that is connected t other computers. The Internet is basically a collection of computers linked together, One part ofthe Internet isthe World Wide Web fw) a collection of graphical interfaces that makes moving between pages tnd Websites simple. The best way to use the Web is to have a Ssraphical interface or browser for searching, such as Newscape oF ‘Microsoft's Internet Explorer ‘When one browses the World Wide Web, one uses ether a search engine ora specific address or URL (Uniform Resource Locator) or HTTP (Hyper Text Transfer Protocol). Depending on the search engine, you can search for any search terms or all search terms provided or exclude other terms" from the compiled indexes. Most 'major search engines provide features to assist researches, Examples of these search engines are Google btps//sitsuglcam and Yahoo (Vet Another Hierarchical Offiious Oracles) which has structured search and free style search through key words gua cm accordingly. (Other Intemet tools are called metasearch engines wherein thes will submit the same query to many other search engines, sparing the researcher the touble of entering it many smes at many different sites, Examples are: Metacrawlerdp,//uss mdacaia can: ind. np: tole. com/findt; Dogpile hp://wnew.dogpile;com and ‘Mam hip: swe mamma, com.> (Computers Assisted Legal Research (CARL) ‘The leading anline systems in legal ewarch ars Westae HYPERLINK hupy//intemational weslaw.com, and LEXIS Hyreuxk hip//snwwlesscom which are available on subsripson basis. Both provide acces toa wide range of documents, oe 2 yg ATRDGON EONS EDA RESEARCH ASE 3820) IBP1OURNAL aLEGAL RESEARCH MATERIALS 3 including full ext of pinion: from federal and state courts as wel laws Lately, William S. Hein & Co. which is a leading. preservation publisher of long out-of-print legal rescarch mater ‘microfilm format established HEIN OS LINE hig subseription basi, rials in teprin and LA scinonline oro Other website links in the publie domain are: 1) Supreme Cau oy the Philippines hup:// wwe. supremecourtgov.ph: (2) Chan Reb, hgi//vnsw.chanroblescom: 3, Arellano Law Foundation Lasput hugpe//swlawphines: 4) Pinoy Lay hup://swvpinoslin eons (8) Congress ofthe Philippines hutp:/wwew.congress gor ph 6 Oli of the President hep://www.opsgox.phi (7) Securities and Exchanes Commission hup//wwwseegouph — and) Findisw hep: sw findlaw.com. among others Other websites which provide leads to legal information or for researching substantive Jaw include the following: Virtual Law Library hetp:/ /www Jaw indiana.edu/law/v-ib; which is arranged by subject, it includes link co sites of specialty areas of law. law firms government resources, law joumals and scarch engines; 2) Cornell Legal Information Institute up:/ /www:Jawy.comell.edu/indes. ht: @) Law Crawler hipe//wwwlawerawlercom: (Catalan mp:/ /wwew.catalaw.com: and CCglaw ‘hugp://sw.ceglaw.com /links/btml READING AND UPDATING THE LAW Once the statute applicable to the problem at hand is located, rad its provisons and cite it accordingly. As for compiled cases applicable on the problem, read the cases and make an internal evaluation, Separate the obilr ata from the rte dciiadi of the cases. Look for the similarity of factsituacion and the problem searched. One should also make an external evaluation by searching fo~ backgrout information on subsequent history and crical comment regarding thy ssh a researched through legal periodical ars, sure, annoudons jpg Poet However, the researcher must make the final assessment in understanq and watites He or she rust raw conclsons fom them depending upon own good judgment. Remember to update the lavs and cass through Sheree Citations if American cass or statutes) or hough computer-sssted res the importance of validation research cannot be overestimate. his/her LEGAL RESEARCH METHODS 10, WRITING THE MM 11. CONCLUSION Thee fm es xe each shld benching ll pobem. Tit sintered by easancen ac eae ms rabbi fmac tera he rten dep scene research procedure, PL Teny, LOGAL WHITING, ANALY A ORAL ARGUMENT 45 (1905 MS FELICASO, PRUE LAL OF LECAL CATIONS oe, UPL Cet