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Llaw PDF
•
Introduction to Law
Legislative
• Civil Law System: codified/enacted
WHAT IS LAW? • Constitution: adopted by the people
- A rule of conduct or action prescribed • Statutes: the people through
or formally recognized as binding or legislative bodies
enforced by a controlling authority
- Case Law/Common Law
- Must be obeyed and followed by • Judiciary
citizens subject to sanctions or legal • Decisions of the Supreme Court
consequences • Stare Decisis: “Let the decision stand”
- Law in its rural and generic sense refers • Doctrine of Precedent: Past decisions
to the whole body or system of law guide the determination of current
- A rule of conduct formulates and made disputes
obligatory by legitimate power of the • Also known as jurisprudence
state
- Administrative Law
- Characteristics of Law • Executive
• Rule of conduct • Executive in nature: by the President
and by government regulatory
• Promulgated by competent authority
agencies
• Just and obligatory
• For common observance and benefit
• Has sanctions and penalties PURPOSE OF THE LAW
- Establish Standards that allow
PRINCIPLE SOURCES OF LAW individuals to interact with the greatest
- Primary/Direct efficiency and the least amount of
conflict
• Legislation or statute
- Provides a mechanism for a resolution
• Codification of laws
- Functions
• Expressed according to the form
necessary to constitute it a law of the • Keeps the peace
state, and rendered authentic by • Shapes moral standards
certain prescribed forms and • Promotes social justice
solemnities • Maintains status quo
• Primary and direct source of law in • Facilitates orderly change
the Philippines • Facilitates planning
- Secondary/Indirect • Provides basis for compromise
• Customary Law: practice of the • Maximizes individual freedom
people that has acquired the force of
law PRECEDENCE AND HIERARCHY OF
• Case Law/Precedents: decisions of LAWS
courts of last resort, serve as a guide - 1987 Constitution: Supreme Law
for future consideration as faith of - Statutes: created by Congress;
their correctness authority derived from 1987
• Interpretation of laws Constitution and cannot be contrary to
• Still part of the legal system the constitution
- Implementing Rules and Regulations:
CLASSIFICATION OF LAW written by government agencies in the
- Statutory/Codified/Enacted Executive to put the statue into force
- Court Decisions
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Legal Research
enforced by the State
• Binding and authoritative
- Process of finding the laws, rules, and - Secondary Sources
regulations that govern activities in • Can help analyze a problem and
human society provide research references to
- Locating both the laws and rules which primary sources and secondary
are enforced and the commentaries materials
which explain or analyze these rules • Discuss or analyze legal doctrines
- Investigation for information necessary • Usually annotations or
for legal decision making (facts – issue commentaries
– ruling) • Persuasive, and reference authorities
- Begins with analyzing the facts of a • EX: treatises, commentaries, and
problem and concludes with applying encyclopedias
and communicating the results of the - Finding Tools
investigation • A means for lacking primary sources
• Has no authority
NEED FOR LEGAL RESEARCH • EX: SCRA Quick Index Digest, CD Asia,
- To provide competent legal PHILJURIS
representation which requires the legal
knowledge, skill, thoroughness and LEGAL RESEARCH PROCESS
preparation reasonably necessary for - Always ends to answer the question
the representation “Whether or not”
• Working knowledge of legal rules - Identify and analyze the significant
and the institution that makes up the facts
legal system • Begins with compiling a descriptive
• Fundamental tools of legal research statement of legally significant facts
• Devising & Implementing a coherent • Factual analysis leads to formulating
and effective research design the legal issue that will be
- Uphold the standards of the legal researched
profession • The investigation and inquiry stage
- The sources if legal research may be • TARP Rule: technique to analyze your
printed or electronic sources facts
- Thing or subject matter
SOURCES OF LAW - Cause of action
- May be printed or electronic sources - Relief sought
- Persons or parties involved
• Electronic sources improved speed
and effectivity
- Formulate the legal issue/s to be
- Varies by degree of authority presented
- Primary Sources
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Legal Bibliography
begin to hypothesize legal issues
• Consult general secondary sources
for an overview of all relevant subject BIBLIOGRAPHY VS LEGAL
areas
BIBLIOGRAPHY
- They are tools and not the object
- Bibliography: list of descriptions of
of research
published materials either relating to a
- Research the issue presented
given subject or author
• Organize and Plan: Write down all
• Literature bearing on a particular
sources to be searched under each
subject or field of law
issue to be researched, even if
- Legal Bibliography: science or the study
sources are repeated
of law books
• Identify, Read and Update All
• Authors, publishers, dates, editions,
Relevant Constitutional Provisions,
and degree of authoritativeness
Statutes and Administrative
Regulations
- Statutory Compilations: tables of LEGAL RESEARCH VS LEGAL
contents and indexes that list
BIBLIOGRAPHY
the subject and topics covered by - Legal Research: the method or system
the statutes of inquiry and investigation involving
- Computer-Assisted Legal Research the actual use of the law books
(PHILJURIS/LEX LIBRIS) • Inquiry and investigation necessary
- Secondary Sources: treaties and to be made by lawyers and legal
commentaries and law review writers in the performance of their
articles, commonly cite relevant functions
constitutional provisions, statues, • Object is to establish propositions of
and administrative regulations law
- Refine the Search: expand your - Legal Bibliography: study of the
arguments materials essential to the inquiry of the
• Do not limit your search to cases the researcher
support your position, anticipate - One who is conducting legal research
both sides of an argument and must have the knowledge of legal
identify the cases that indicate bibliography
contrary conclusions - To provide legal basis for a claim, one
- Update must present for consideration the
• To determine whether the authority which must be applied, and
authorities have been interpreted or which the court is bound to apply
altered in any way, or whether new
cases, statutes or regulations have
been published
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IMPORTANCE AND AIM OF LEGAL useful exercise for the benefit of the
BIBLIOGRAPHY people
- Analyze the legal question to answer/
solve the legal problem or issue HISTORY OF THE PHILIPPINE
- Gives the investigator that sense of CONSTITUTION
assurance and confident in the - Spanish period
successful preparation and prosecution • Philippines was governed by special
- “Law is a science but practice is an art” laws
- To convince the court requires the • No constitution because it would
citation of authority make Filipinos equal in the eyes of
the law
- Treaty of Paris
Statutory Law • Spain sold the Philippines to the
- All codified and enacted United States for $20 million
- Hierarchy of authority • Marked the commencement of
• The 1987 Constitution: expression of constitutionalism in the country
sovereign will and independence - Malolos Constitution
• Treaties and international • Made by the Filipino revolutionaries
agreements • Copied from the Spanish
• Statutes enacted by the Legislature Constitution
• Administrative rules and regulations • Was not put into effect
• Ordinances enacted by the - American Period
Autonomous regions: CAR, BARMM • Organic laws from the US
• Ordinances enacted by local - Result of the Philippines under
government units: councilor sand direct control of the US and
board members treated as a federal state
- Takes place of a constitution as the
THE PHILIPPINE CONSTITUTION fundamental law of the local
- Law of the highest authoritativeness government
and obligation • McKinley’s Instructions
- Supreme law of the land
- Establishment of courts and
- Ultimate authority to which reference government
must be made to determine validity of
- Philippine Commission:
other statutes unicameral legislative body
- The fundamental law or supreme law • Spooner Amendment
of the land promulgated by the people.
- Form of a rider to the Army
A law, to which all other laws must Appropriations Bill (Annual law for
conform expenditure)
- The written instrument by which the
- Established a civil government
fundamental powers of the
- Ended military government
government are established, limited • The Philippine Bill 1902
and defined and by which these
- Provide for the administration of
powers are distributed among the civil government
several departments for their safe and
- Extended to the Philippines the Bill
of Rights of the US Constitution
• The Philippine Autonomy Act 1916
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Case Law
communal justice system before the
Spanish colonization
- The decisions, interpretations made by • No sources cited in the book
judges while deciding on the legal - Spanish Period
issues before them which are • Body of laws to govern the conduct
considered as the common law or as of the people
an aid for interpretation of a law in • Judicial System: mechanism for the
subsequent cases with similar adjudication of disputes
conditions. Case laws are used by • Law enforcement agencies: uphold
advocates to support their views to and enforce the law & court
favor their clients and also it influences decisions
the decision of the judges • Prison system: public punishment
- It comes from judicial authorities of the • Legal Profession: advocated of
state and is the 2nd major category of individuals in protecting their rights
primary sources of law • Spanish Laws
- Classes - Laws of general application
• Decisions Proper (Judicial): SC, CA, (Spanish law extended to the
Sandiganbayan, CTA, RTC, MTC, MeTC Philippines)
• Subordinate Decision (Quasi-Judicial): - Council of Indies
SET, HRET (Election Controversies), - Laws & Regulations promulgated
Constitutional Commissions by Spanish authorities
(COMELEC, CSC, COA), Administrative • Structure (Hierarchy of Courts)
Agencies (IC, HLURB, DARAB, NLRC) - The Crown - Council of Indies -
- Implied: virtue of their functions Real Audencia - Alcaldes-Mayores -
- Expressed: granted by law Gobernadorcillos
- Decision: Judgment, decree, or - Similar to the Philippine Judicial
determination (conclusion) of findings System today
of fact and/or of law by a judge, • Special Courts (Jurisdiction):
arbitrator, court, governmental agency, Ecclesiastical, Army & Navy, treasury,
or other official tribunal (court) Commercial, Contentious, Probate
- Why is the Supreme Court the court of (Wills and Succession)
last resort? - American Period
• All legal issues must end at some • First Court: Military Court
point • Move to a Civil Court
• The law is what the supreme court • No Jury System
says it is - The Philippines had a foundation
of a Civil Law system
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