LEGAL RESEARCH
(j) cases involving conflicting decisions of two or
Power to Promulgate Rules
- Adjudication of disputes
- By the SC En Banc (exercised by all the
members of the SC).
Supreme Court Divisions:
- 3 divisions, 5 members
- Case decided by a division = SC Decision
- Case decided en banc = SC Decision
Cases decided by the SC:
- AM No. 10-04-20-SC
o Internal rules by the SC
o Promulgated by SC in pursuant to its
power
o Applies only to SC
- Section 3. Court en banc matters and
cases. – The Court en banc shall act on the
following matters and cases:
(a) cases in which the constitutionality or
validity of any treaty, international or executive
agreement, law, executive order, presidential
decree, proclamation, order, instruction,
ordinance, or regulation is in question;
(b) criminal cases in which the appealed
decision imposes the death penalty or reclusion
perpetua;
(c) cases raising novel questions of law;
(d) cases affecting ambassadors, other public
ministers, and consuls;
(e) cases involving decisions, resolutions, and
orders of the Civil Service Commission, the
Commission on Elections, and the Commission
on Audit;
(f) cases where the penalty recommended or
imposed is the dismissal of a judge, the
disbarment of a lawyer, the suspension of any
of them for a period of more than one year, or
a fine exceeding forty thousand pesos;
(g) cases covered by the preceding paragraph
and involving the reinstatement in the judiciary
of a dismissed judge, the reinstatement of a
lawyer in the roll of attorneys, or the lifting of a
judge’s suspension or a lawyer’s suspension
from the practice of law;
(h) cases involving the discipline of a Member of
the Court, or a Presiding Justice, or any
Associate Justice of the collegial appellate court;
(i) cases where a doctrine or principle laid down
by the Court en banc or by a Division may be
modified or reversed;
more divisions;
(k) cases where three votes in a Division cannot
be obtained;
(l) Division cases where the subject matter has
a huge financial impact on businesses or affects
the welfare of a community;
(m) Subject to Section 11 (b) of this rule, other
division cases that, in the opinion of at least
three Members of the Division who are voting
and present, are appropriate for transfer to the
Court en banc;
(n) Cases that the Court en banc deems of
sufficient importance to merit its attention; and
(o) all matters involving policy decisions in the
administrative supervision of all courts and their
personnel.
- Section 4. Division cases. – All cases and
matters under the jurisdiction of the Court not
otherwise provided for by law, by the Rules of
Court or by these Internal Rules to be
cognizable by the Court en banc shall be
cognizable by the Divisions.
Section 6. Manner of adjudication. – The Court
shall adjudicate cases as follows:
(a) By decision, when the Court disposes of the
case on its merits and its rulings have significant
doctrinal values; resolve novel issues; or impact
on the social, political, and economic life of the
nation. The decision shall state clearly and
distinctly the facts and the law on which it is
based. It shall bear the signatures of the
members who took part in the deliberation.
(b) By signed resolution, when the Court
comprehensively resolves the motion for
reconsideration filed in the case or when a
dissenting opinion is registered against such
resolution. The signed resolution shall no longer
discuss issues resolved in the decision and need
not repeat the facts and the law stated in it. It
shall also bear the signatures of the Members
who took part in the deliberation.
(c) By unsigned resolution when the Court
disposes of the case on the merits, but its ruling
is essentially meaningful only to the parties; has
no significant doctrinal value; or is minimal
interest to the law profession, the academe, or
the public. The resolution shall state clearly and
distinctly the facts and the law on which it is
based.
(d) By minute resolution when the Court (1)
dismisses a petition filed under Rule 64 or 65 of
the Rules of Court, citing as legal basis the
failure of the petition to show that the tribunal,
board or officer exercising or quasi-judicial
functions has acted without or in excess of
jurisdiction, or with grave abuse of discretion
amounting to lack or excess of jurisdiction; (2)
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denies petition filed under Rule 45 of the said overruling and add inequity to the cost
Rules, citing as legal basis the absence of of repudiation.
reversible error committed in the challenged
c) Determine whether related principles
decision, resolution, or order of the court below;
of law have so far developed as to
(3) Dismisses an administrative complaint,
have the old rule no more than a
citing as legal basis failure to show a prima facie
remnant of an abandoned doctrine.
case against the respondent; (4) denies a
motion for reconsideration, citing as legal basis d) Find out whether facts have so
the absence of a compelling or cogent reason to changed or come to be seen
grant the motion, or the failure to raise any differently, as to have robbed the old
substantial argument to support such motion; rule of significant application or
and (5) dismisses a petition on technical justification.
grounds or deficiencies.
- Disanalogies
Stare Decisis
a) Happens by stating the facts in a
- Stand by the thing. particular case is not the same as the
issue at hand and therefore the
- an established rule to abide by former
conclusion reached by the Court in a
precedents where the same points come again
certain stare decisis should not be
in litigation.
applicable to a case.
- Once a rule of law has been decided, the judicial
b) No same set of facts, no same set of
decision will be applied to subsequent cases with
issues.
similar factual scenario.
- Obiter Dicta
Kinds of Stare Decisis
a) A judge’s expression or opinion, not
1. Vertical Stare Decisis
essential to the decision and not
- Deals with the duty of courts to apply the establishing precedent.
decisions of the higher courts to cases
- Overruled Cases
involving the same facts.
a) Previous decisions are abandoned.
- Obligatory upon lower courts.
b) Law has already been repealed
2. Horizontal Stare Decisis
(jurisdiction is not applicable anymore).
- Requires that high courts must follow its
- Isolated Cases
own precedents.
a) Decided for one instance only.
- Policy
b) Decisions – similar in nature but
o Can reverse the precedent decision
different on other cases.
o Imposing choice but not command
c) Pro Hac Vice
- Kinds:
o only in this case
o Constitutional Stare Decisis
o applicable to the parties in a
▪ Involves judicial particular dispute
interpretations of the
- Binding Force of the decision was the
Constitution.
actual principle/s necessary for the
▪ More flexible decision not the words/reasoning used to
reach the decision
o Statutory Stare Decisis
a) To secure the stability of judicial
▪ Involves interpretations of
decisions.
statutes.
b) For the public to be able to predict the
decisions of the court.
Means of avoiding Stare Decisis
c) Judicial confidence will be diminished.
- 4-Pronged Test
a) The Court should determine whether Basic Principles of Remedial Law
the rule is intolerable simply in defying
Remedial Law
practical workability.
- The branch of law which prescribes the method
b) Consider whether the rule is subject to
of enforcing the rights or obtaining redress for
a kind of reliance that would lend a
their invasion.
special hardship to the consequences of

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Jurisdiction iii. Joint Resolutions
- Authority/power of a court of justice to try, iv. Concurrent Resolutions
hear, and decide cases.
v. Simple Resolutions
- Fixed by law – cannot be agreed by parties.
vi. Treaties/International Agreements
- BP 129 – law defining the jurisdiction of courts.
vii. Executive Agreements
- Research: if the case is to be filed in RTC, find
viii. Implementing Rules and Regulations
that laws governing RTC.
ix. Executive Order
x. Administrative Order
Venue
xi. Memorandum Order
- Place/area in which a court has jurisdiction to
hear and decide a case. xii. Memorandum Circular
- “in what place will the case be filed?” xiii. Proclamation
- Determined by the Rules of Procedure (Rules of xiv. General Order/Special Order
Court).
xv. Ordinances
- Can be agreed upon by parties.
xvi. Resolution
- Research: Rules of Court.
xvii. Decisions
xviii. Signed Resolution
Cause of Action
xix. Unsigned Resolution
- Act or omission of cause that would violate a
right of another. xx. Rules Promulgated by the SC

- Elements:
a) A right in favor of the plaintiff. 2. Secondary Authorities

b) An obligation on the part of the named - Other than the primary authorities
defendant to respect the plaintiff’s right. - Description of, or commentaries on the law
c) An act or omission on the part of such - Explain the primary authorities
defendant in violation of the right of the
plaintiff. - Does not have and will never have any binding
effect. They are merely persuasive.
- Never use this to underpin arguments –
Burden of Proof vulnerable to attack.
- Duty to present evidence to establish one’s - E.g:
defense.
i. Law Journals
ii. Law Review
Memorandum of Authority
iii. Treaties & Texts
- List of statutes, jurisprudence, court decisions
to support the legal position of a litigant. iv. Commentaries

- Purpose of Legal Research: search for an v. Administrative Rulings

authority that can be applied to a given set of vi. Foreign Sources
facts and issues.
vii. Annotations
viii. Periodical Publications
Source of Authorities:
1. Primary Authorities
*look for the primary legal authority first, if none,
- Law/statements of law issued by governmental proceed to secondary legal authority.
bodies (Executive, Legislative, Judiciary, LGUs)
- E.g:
i. Constitution
ii. Statutes

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Sources of laws: Legal Research Process:
1. Primary Sources 1. Gather & Analyze the Facts
a. Official Gazette - Compiling a descriptive statement of
legally significant facts.
- Official publication of the Government.
- Importance: To identify and organize
b. Government Websites
the legal issue.
- Matters concerning a certain
Fact
Government agency.
- Something known to have happened or
c. Newspapers
exist.
- Some laws, rules and regulations are
- Things that are true or that really
required to be published in a
happened, rather than things that are
newspaper of general circulation.
imaginary or not true.
d. Philippine Reports
Law
- Official sources of decisions of SC.
- A rule of conduct formulated and made
e. Office in City hall, Bulletin Boards obligatory by legitimate power of the
state.
- Ordinances and resolutions.
f. Official website of UN
Categories of Facts:
- UN Treaty Collection
A. Irrelevant Facts
2. Secondary Sources
- No legal significance in a case.
- Contain more than what the law is.
B. Relevant Facts/Key Facts/Ultimate Facts
- Commentaries & annotations.
- Critical to the outcome of the case.
- E.g:
- Satisfy the elements of the cause of
o Law Journals action.
o Law review - Cause of action – acts or omission in
o Treaties & texts which a party may violate a right of
another person.
o Commentaries
C. Background Facts
o Administrative Rulings
- Present but do not have any effect.
o Foreign sources
- Put the key facts in its proper context.
o Annotations
o Periodical Publications
How to gather facts:
a. Identify what may be relevant in a case.
Legal Research
- Who, What, When, Where, Why,
- The process of findings the laws, rules and How
regulations that govern activities in human
society. - Main source: client

- Involves locating both the laws and rules - Interview the client and the witnesses.
which are enforced by the State and the Tangible evidences – evidences that are subject to our
commentaries which explain or analyze senses. E.g. documents, official/private records, cctv
these rules. footages
- The investigation for information necessary b. Determine irrelevant, relevant,
to support legal decision making. background facts
- Includes each step of a process that begins - TARP method
with analysing the facts of a problem and
concludes with applying and communicating > Useful technique to analyze facts.
the results of the investigation.
T – Thing or subject matter
A – Cause of Action
o “What were the things done by the parties?”

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LEGAL RESEARCH
R – Relief sought - Jurisprudence: Determine if the case is
still the controlling case.
o “What do the parties want to be done by the
court?” - Law: Determine if the law is still valid.
P – Parties 7. Deciding if research is finished.
o Persons involved in the litigation. - Considerations:
a. All primary authorities have been
checked.
2. Identifying the legal issues
b. Determine if there are any secondary
- Issue:
authority that has not been searched.
o Question that seeks an answer.
c. Determine the facts in the case that is
o Legal question determined by the relevant to your client’s case.
facts of a dispute.
d. When you keep on finding the same
- Determine what law applies. jurisprudence over and over again.

- Determine the legal question. e. If laws and jurisprudence are up to date.

- Consider the burden of proof.

- Burden of proof – duty of a party to Law of diminishing returns
prove/give evidence.
- Refers to a point at which the level of
- Identify the cause of action. profits and benefits gained is less than
the amount of money or energy
invested.
3. Research the issues presented
4. Finding the law
- Use of descriptive words.
- E.g. firearm, warrantless, arrest,
possession
- Look for authorities.
5. Read the law
- Process of determining how a law applies in
the specific situation.
- Determine if that law/jurisprudence would
apply.
- What are the effects of the law.
i. What law covers the legal issue in
the client’s case?
ii. Determine which of the laws apply.
iii. Identify statutory elements –
scope.
iv. Apply the statute to the legal
problem/issue.
v. Read jurisprudence.

6. Update the law

- Determine whether or not the
case/law/doctrine is still applicable.
- Take note of the repealing clause on
laws.
- Start on the latest cases & laws.

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