Professional Documents
Culture Documents
Legal Research
Legal Research
update the case law that has interpreted and applied those forms
of enacted law, as well as other case law that is relevant to your
fact situation. 2"
Do not limit your search to cases that support your position. A
competent researcher will anticipate both sides of an argument
and identify the cases that indicate contrary conclusions."
Treatises and commentaries on the codes and statutes cites
casesasited that interpret the statutes they discuss. As to computer
legal research, both Philjuris and Lex Libris can be searched
for cases that have cited the statute."
After identifying the relevant cases, as you read and brief or
digest each case, be sure to note its full citation, the ponente of the
decision, the date of the decision, the relevant facts, the holding, a
summary of the court's reasoning, and the sources cited by the
court. Each of the sources cited should be read and briefed and new
cases should be added to your list. Each case you brief should be
incorporated into your outline. 3'
d. Refine the Search. After you have identified, read, and
organized the primary sources, go to secondary sources to refine
the search and expand your argument. If the problem involves a
statute, the legislative history might suggest the legislature's in-
tent in passing the act and the problem the law was intended to
remedy. Historical, social, economic, and political information can
put legal arguments in their proper context and can support policy
arguments.32
4. Update
Law changes constantly. Our Congress passes new statutes
and modify old ones. Our Supreme Court either refines the law or
reaffirms the law or even changes the interpretation of the law.
Consult the Philjuris or Lex Libris to determine whether the au-
thorities have been interpreted or altered in any way, or whether
new cases, statutes or regulations have been published."
'Id.
' 41d.
31
1c1., p. 20.
"Id., pp. 20 and 21.
p. 21.
FUNDAMENTAL RESEARCH SKILL: 21
CASE BRIEFING AND SYNTHESIS OF CASES
iv, When you analyze a legal problem, such as one of your class
10,1 assignments. you will do further synthesis of your own. Synthesiz-
ing is the step between your research and your writing. You do
sl research by reading one case at a time. If in your writing you
merely report each case, one at a time, then you have compiled a
lid
list of case briefs, but you have not analyzed a topic.
CASE BRIEF
ant.
hen Santos v. CA, 240 SCRA 20, January 4, 1995
icle (En Banc), J. Vitug
104y,bologicsil incapacity dr
Julia to return home or to COMM11-
of
Rulings No, Ow failure
oi, atp with her bagband Leutiel for more than five years does not
prelf,ifigiC011 ir1C8p0City.
( or-141100q be characterized by a) gravity, a
l'14yehninglefl1 irietipiirity must
incurability.
hi Juritloal antecedence, and c)
Psychological incapacity should refer to no less than a mental
that causes a party to be truly incognitive
(not physical) incapacity ed
basic marital covenants that concomitantly must be as some -
of the w
arriage hich,
and discharged by the parties to them utual
pressed by Article 68 of the Family Code,include their li de my
ty and
obligations to live together, observe love, respect and fi
render help and support.
The intendment of the law has been to confine the meaning of
"psychological incapacity" to the most serious cases of personality
disorders clearly demonstrative of an utter insensitivity or inabil-
ity to give meaning and significance to the marriage. This
psychologic condition must exist at the time the marriage is cel-
ebrated.
Undeniably and understandably, Leouel stands aggrieved, even
desperate, in his present situation. Regrettably, neither law nor
society itself can always provide all the specific answers to every
individual problem.
Petition is denied.
C. Synthesizing Cases
You will rarely work on a problem for which there is only one
case precedent. More likely, your research for a problem will turn
up many cases relevant to the problem. In order to use the princi-
ples that those cases offer to resolve your problem, you must relate
the cases to each other, that is, synthesize them. In that way, you
can understand the applicable area of law and then use the synthe-
sis to analyze your problem.
The courts will frequently have done some synthesis for you.
Often, in reading cases, you will see definitions of a claim for relief,
or statements lidlowed by a string of citations. Usually, these defi-
LEGAL RESEARCH
6
e ommaeys
The thing or subject matter in a problem or controversy
For example, when a party claims that
be a significant element. ntract. becomes
there is a violation of the terms of a contract, the co
an essential fact in the dispute.
the claim or cause of
The next thing to be done is to eidentify ight be put up by the
action of the plaintiff and the defens that m e
defendant. In a dispute over a contract, the cause of action may b
breach of contract.
damges
What is the relief sought? It might be a civil action for
to answer for the injury caused by the breach of the contract
or an action for specific performance to compel the other party to
perform a specific act as mandated in the contract or to enjoin the
other party from doing a specific act probably in violation of the
contract.
The parties or persons might be individuals, or might be a
group that is significant to the solution of the problem or the out-
come of the lawsuit. Similarly, the relationship between the ep aar:
ties, such as exists between lessor or lessee
8
in a contract of lease,
will be of special importance to the case.'
p. 17 .
"Id.
rt....._
:P
MANZarrAL 10211aAacH SKILL
CANE nwil314P114‘1 ANT, fir_, VS 01P CASES
p. J7.
LEGAL RESEARCH
2
D. Sources of Law
Legal sources differ
in their relative authority. Some are bind-
ing; others are only persuasive in varying degrees; and some are only
useful as tools for finding other material. These variations require
that researchers make careful and critical evaluation of the sources
they study. Whether researching by book or by computer, one must
be familiar with the three broad categories of legal literature: (a)
primary sources; (b) secondary materials; and (c) finding tools.'
'Id.
'Id., p. 13.
'Cohen and Olson, Legal Research In a Nutshell,
lishing Co, 1992, p. 2. St. Paul, Minn., West Pub-
'Id., pp. 2 and 3.
LEGAL RESEARCH
4. Update
5
1d.
'Id.
p. 20.
'Id., pp. 20 and 21.
'Id., p. 21.
T11) LEGAL RE-.SEAM PR( X 'FM 7
Once statements
of the issues have been drafted, they should
be arranged in a logical pattern to form an outline. Logically, re-
lated issues may be combined as sub-issues under a broader main
issue."
"Id., p. 18.
24
Id.
"Id., p. 19.
271d.
LEGAL. RESEARCH
4
3. Finding Tools
Our legislative, executive and judicial branches of government
have been enacting and promulgating codes, statutes, rules, regu-
lations and court decisions and these have grown into a large body
of law. The researcher therefore needs search materials or finding
tools in order to locate these legal sources. Without a topical ap-
proach to legal sources, researchers could not find existing statutes
or decisions on point."
A varied group of finding tools provides such access. Digests
reprint headnotes summarizing points of law from court decisions
in a subject classification and annotations summarize cases on par-
ticular topics. The SCRA Quick Index-Digest is one fi nding tool
available to the legal researcher. PHILJURIS and LEX LIBRIS,
two comprehensive and competing computer-based legal research
systems, provide the capability to search for cases and other docu-
ments by using practically any word or combination of words.' 3
Finding tools do not persuade, nor do they themselves have
any primary or persuasive authority. Finding tools are only a 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 aspects of the lawyer's
work, one must employ a highly developed sense of relevance — a
keen appreciation of which sources are legally and factually rel-
evant to the specific inq uiry. 14
p. 6.
LlId.
"Id., p. 5.
1. Primary Sources
or
1171 Primary sources of
dards law are those recorded laws and rules
which will be enforced by the State. They may be found in statutes
passed by the legislature, regulations n
u rtd rulings of administrative
a Lion agencies and decisions of appellatecsoa
n
toted
in a primarily civil law jurisdiction like the Philippines, the
ch is products of legislative actions, cod and
ass." m are the
m ajor primary sources. Codesandstastue uctoes,e to govern an
have
even greater variety of human activity.
,
,ffec
re of
l egal The second major category of primary sources is judicial deci-
rent sions. Our Philippine Supreme Court and Court of Appeals produce
decisions that constitute our case law.
Our judicial system consists of a hierarchy of courts, including
a number of trial courts (RTC, MTC, MCTC), one intermediate
and appellate court (CA), and a court of last resort, the Supreme Court.
This system incorporates the processes of appellate review, in which
om- higher courts review the decisions of lower courts, and judicial
eri- review, in which courts determine the validity of legislative and
and executive actions.
its A third important primary source is administrative law, or the
ues regulations and decisions of government agencies. State agencies
ach promulgate regulations governing behavior within their areas of ex-
ail- pertise. Agencies also act in a "quasi-judicial" capacity by conducting
9
as- hearings and issuing decisions to resolve particular disputes.
2. Secondary Materials
Publications which are not primary authority but which dis-
cuss or analyze legal doctrine are considered secondary materials.
me of
These include treatises, commentaries, and encyclopedias. So
id- d in the academic jour-
the most influential legal writings are foun
nals known as law reviews of law schools, or in i publications like
i re . Secondary materials
Journal and the Lawyers Review.
as the
varyIBP
widely in purpose and quality, ranging from authoritative
lat l tracts by hack
y great academic scholars to superficiaivil Code of the
a) treatises b best of these works such as the C
tre
writers. nes
The
by Arturo M. Tolentino and Remedial Law Compen-
Philippi
Id., p. 3.
"Id., p. 4.
LEGAL RESEARCH
20
LEGAL RESEARCH
You should also state who the plaintiff and defendant are, the
basis for the plaintiff's suit, and the relief the plaintiff is seeking.
Also include the ruling of the Regional Trial Court on the case and
whether the Court of Appeals affirmed or reversed the decision.
2. Issue(s)
must decide to resolve
The issue is the question that the court
case efore it. To find the
the dispute between the parties in the of
that governs the dispute w
issue, you have to identify the rule of law write the CC
and ask how it should apply to those facts. You usually
that combines the rule of law Sc
issue for your case brief as a question
with the material facts of the case, that is, those facts that raise
the dispute. Although we use the word
"issue" in the singular,
there can be more than one issue in a case. An example of an issue
is: Do the habitual drunkenness and sexual infidelity of the hus-
band constitute psychological incapacity?
3. Ruling
The ruling is the court's decision on the question that is actu-
ally before it. The court may make a number of legal statements, but
if they do not relate to the question actually before it, they are dicta.
The ruling or holding provides the answer to the question asked in
the issue statement. If there is more than one issue, there may be
more than one holding. The ruling is supported by the court's reason-
ing explaining and supporting the court's decision. For example in a
case on psychological incapacity, the court will refer to thep rovisions
of Art. 36 of the Family Code, state the substantial and procedural
requirements for psychological incapacity to exist and cite the ear-
lier rulings of the Supreme Court on the subject.
he a aign that,
bearing of children and cohabitation should not
psychological incapacity has been cured.
"Prof. Romero opined that psychological incapacity is still in-
Justice Luciano suggested that they
sanity of a lesser degree.
invite a psychiatrist, who is the expert on this matter. Justice
Caguioa, however, reiterated that psychological incapacity is not a
defect in the mind but in the understanding of the consequences of
marriage, and therefore, a psychiatrist will not be a help.
"Prof. Bautista stated that, in the same manner that there is
a lucid interval in insanity, there are also momentary periods when
there is an understanding of the consequences of marriage. Justice
Reyes and Dean Gupit remarked that the ground of psychological
incapacity will not apply if the marriage was contracted at the time
5
when there is understanding of the consequence of marriage. '
"xxx xxx xxx
"Judge Diy proposed that they include physical incapacity to
copulate among the grounds for void marriages. Justice Reyes com-
mented that in some instances the impotence is only temporary
and only with respect to a particular person. Judge Diy stated that
they can specify that it is incurable. Justice Caguioa remarked that
the term 'incurable' has a different meaning in law and in medi-
cine. Judge Diy stated that 'psychological incapacity' can also be
cured. Justice Caguioa, however, pointed out that 'psychological
incapacity' is incurable.
"Justice Puno observed that under the present draft provi-
sion, it is enough to show that at the time of the celebration of the
marriage, one was psychologically incapacitated so that later on if
already he can comply with the essential marital obligations, the
marriage is still void ab initio. Justice Caguioa explained that since
in divorce, the psychological incapacity may occur after the mar-
riage, in void marriages, it has to be at the time of the celebration
of marriage. He, however, stressed that the idea in the provision is
that at the time of the celebration of the marriage, one is psycho-
logically incapacitated to comply with the essential marital obliga-
tions, which incapacity continues and later becomes manifest.
"Justice Puno and Judge Diy, however, pointed out that it is
possible that after the marriage, one's psychological incapacity be-
.
Deliberations of the Family Code Revision Committee,
July 26, 1986.
FLTNDAMENTAL RESEARCH SKILL: 17
CASE BRIEFING AND SYNTHESIS OF CASES
must become part and parcel of every lawyer's training for him or
her to provide competent representation and uphold the standards
of the legal profession.'
In 1992, a special task force of the American Bar Association
on law schools and the legal profession issued a report that stated
lilt can hardly be doubted that the ability to do legal research is
one of the skills that any competent practitioner must possess."
That report also stated: "Mr) order to conduct legal research effec-
tively, a lawyer should have a working knowledge of the nature of
legal rules and legal institutions, the fundamental tools of legal
research, and the process of devising and implementing a coherent
and effective research design."5
D. Sources of Law
Legal sources differ in their relative authority. Some are bind-
ing; others are only persuasive in varying degrees; and some are only
useful as tools for finding other material. These variations require
that researchers make careful and critical evaluation of the sources
they study. Whether researching by book or by computer, one must
be familiar with the three broad categories of legal literature: (a)
primary sources; (b) secondary materials; and (c) finding tools.'
'Id., p. 13.
'Cohen and Olson, Legal Research In a Nutshell,
lishing Co, 1992, p. 2. St. Paul, Minn., West Pub-
'Id., pp. 2 and 3.
C FUNDAMENTAL RESEARCH SKILL, IS
ASE BRIEFING AND SYNTHESIS OF CASES
which
Whil e it will encourage one who really understood the consequences of
ssen" marriage to claim that he did not and to make excuses for invali-
dating the marriage by acting as if he did not understand
the
obligations of marriage. Dean Gupit added that it is a loose way of
'h (7), providing for divorce.
con. "xxx xxx xxx
rs "Justice Caguioa explained that his point is that in the case of
incapacity by reason of defects in the mental faculties, which is less
than insanity, there is a defect in consent and, therefore, it is clear
t not that it should be a ground for voidable marriage because there is
ailed the appearance of consent and it is capable of convalidation for the
simple reason that there are lucid intervals and there are cases
when the insanity is curable. He emphasized that psychological
) the
incapacity does not refer to mental faculties and has nothing to do
ode, with consent; it refers to obligations attendant to marriage.
Void_
t in "x x x xxx xxx
this "On psychological incapacity, Prof. (Flerida Ruth P. Romero
inquired if they do not consider it as going to the very essence of
consent. She asked if they are really removing it from consent. In
; in reply, Justice Caguioa explained that, ultimately, consent in gen-
eral is affected but he stressed that his point is that it is not
an- principally a vitiation of consent since there is a valid consent. He
objected to the lumping together of the validity of the marriage
celebration and the obligations attendant to marriage, which are
us- completely different from each other, because they require a differ-
cid ent capacity, which is eighteen years of age, for marriage but in
contract, it is different. Justice Puno, however, felt that psychologi-
ise cal incapacity is still a kind of vice of consent and that it should not
to be classified as a voidable marriage which is incapable of
convalidation; it should be convalidated but there should be no
prescription. In other words, as long as the defect has not been
cured, there is always a right to annul the marriage and if the
defect has been really cured, it should be a defense in the action for
)f annulment so that when the action for annulment is instituted, the
issue can be raised that actually, although one might have been
psychologically incapacitated, at the time the action is brought, it
Il of the consequence of
is no longer true that he has no concept
e
marriage.
"Prof (Esteban Bautista raised the question: Will not cohabi-
tation be a defense? In response. Justice Puno stated that even the
TILE LEGAL RESEA Rt ' t I PIO ' ESs 7
Once
statements of the issues have been drafted, they should
be arranged in a
logical pattern to form an outline. Logically, re-
issues may he
l a ted
combined as sub-issues under a broader main
issue."
After the facts have been analyzed and the issues have been
framed, it is time to begin researching the first issue."
a. Organize and Plan. Good legal researchers, as a rule, are
systematic, methodical, and organized; and they keep good records.
For each issue, it is important to decide which sources to use, which
sources not to use, and the order in which sources should be exam-
ined. The best practice is to write down all sources to be searched
under each issue to be researched, even if sources are repeated.'
b. Identify, Read, and Update All Relevant Constitutional
Provisions, Statutes, and Administrative Regulations. These pri-
mary sources can be identified in several ways."
Statutory Compilations. Statutory compilations almost always
have tables of contents and indexes that list the subjects and topics
covered by the statutes. Because relevant statutory provisions are
often found in several places in the compiled statutes, consult both
the table of contents and the index."
Computer-Assisted Legal Research. The Constitution, statutes
and administrative regulations are available on PHILJURIS and
LEX LIBRIS. It is possible to search the full text of these docu-
ments for statutes and regulations that apply to your problem.
Secondary Sources. Secondary sources such as treatises and
commentaries and law review articles, commonly cite relevant con-
stitutional provisions, statutes, and administrative regulations."
"Id.
'Id., p. 18.
z41d.
'Id., p. 19.
n th
thorn or th e
I P analy ze"
ary 80nre4
"xxa
xxx
1, "Prof Bautista stated that he is in favor of making psycho-
*ftiiricapa6ty a ground for voidable marriages since otherwise
LEGAL RESEARCH
18
.
Deliberations of the Family Code Revision Committee, August 9, 1986.
CHAPTER 3
A. Case Briefing
A law school case brief is a student's digest or condensation of
a reported case. There is no one "correct" form for a case brief since
it is a document that is created to meet the student's needs, i.e., to
serve as a reference in class and, together with class notes, the
major tools of course review at the end of the semester.
Most important is to keep your brief brief. Keep your sum-
mary of the court's reasoning to a useful length, but don't
shortchange the facts. When the case deals with statutes, it may be
helpful to quote key words from the statute verbatim.
The typical components of a case brief case are:
1. Facts
The facts describe the events between the parties leading to
the litigation and tell how the case came before the court that is
now deciding it. Include those facts that are relevant to the issue
the court must decide and to the reasons for its decision. You will
not know which facts are relevant until you know what the issue or
issues are. For example, if the issue is whether there is psychologi-
cal incapacity under Article 36 of the Family Code of the Philip-
pines, relevant facts include the fact of marriage and the acts of
the spouse constituting psychological incapacity to comply with the
essential marital obligations.
9
-7
LEGAL RESEARCH
22
o
hardly any doubt that the intendment of the law has a
dmonatrtaotityhaeomf
apacity" snt ustetrtair-
obeen
is
confine the meaning of "psychological
clearinc
ly eand significance to the
of personality disorders
ous cases give .meaning at the time the
insensitivity or inability to ision, tipoonns
marriage. This psychologic condition must gently env xualreau
marriage is celebrated. The law does not ev
the other hand, an inability of the spouse to have se
with the other. This conclusion is implicit under Article 54 of the
Family Code which considers children conceived prior to the judi-
cial declaration of nullity of the void marriage to be "legitimate."
The other forms of pdychoses, if existing at the inception of
marriage, like the state of a party being of unsound mind or con-
cealment of drug addiction, habitual alcoholism, homosexuality or
voidable pursu-
lesbianism, merely renders the marriage contract
ant to Article 46, Family Code. If drug addiction, habitual alcohol-
ant to
lesbianism or homosexuality should occur only during the mar-
on under Article
riage, they become mere grounds for legal se Para do
55 of the Family Code. These provisions of the code, however,
not necessarily preclude the possibility of these various circum-
stances being themselves, depending on the degree and severity of
the disorder, indicia of psychological incapacity.
Until further statutory and jurisprudential parameters are
established, every circumstance that may have some bearing on
the degree, extent, and other conditions of that incapacity must, in
every case, be carefully examined and evaluated so that no precipi-
tate and indiscriminate nullity is peremptorily decreed. The well-
considered opinions of psychiatrists, psychologists, and persons with
expertise in psychological disciplines might be helpful or even de-
sirable.
Marriage is not just an adventure but a lifetime commitment.
We should continue to be reminded that innate in our society, then
enshrined in our Civil Code, and even now still indelible in Article
1 of the Family Code, is that —
"Article 1. Marriage is a special contract of permanent
union between a man and a woman entered into in accordance
with law for the establishment of conjugal and family life. It is
the foundation of the family and an inviolable social institution
whose nature, consequences, and incidents are governed by
law and not subject to stipulation, except that marriage settle-
ments may fix the property relations during the marriage within
the li mits provided by this code." (Italics
supplied)