PART I- INTRODUCTION TO LEGAL RESEARCH

a. Legal Research

Legal research is the process of identifying and retrieving information necessary

to support legal decision-making. In its broadest sense, legal research includes each step
of a course of action that begins with an analysis of the facts of a problem and concludes
with the application and communication of the results of the investigation.

b. Importance of Legal Research

Legal research plays a primary and important role in a lawyer's job.

In fact, legal research provides the necessary grounding for almost all legal work.
Effective legal research will directly affect the outcome of a client's legal problem. A lawyer
cannot advance the strongest argument if he or she cannot find the strongest legal support
for that argument. Lawyers have an ethical obligation to their clients to be thorough and
efficient legal researchers. Efficiency is achieved through knowledge of research techniques
and practice over time.
Ineffective or incompetent legal research can not only hurt a client, but can lead to
discipline, civil liability, or even disbarment. 
c. The Philippine Legal System

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. 

Common law

Common law is the system of law developed in England and transferred to most of
the English-speaking world. Many other countries are civil law jurisdictions.

Common law is law developed case-by-case from court decisions. Legal principles
are developed over time as cases are decided. Judges decide cases after examining what
other courts have done in similar cases in the past. Judges may have to examine many cases
before reaching a decision. Common law combines stability and flexibility. It is predictable,
yet it allows legal principles either to be expanded to fit new situations or to be replaced
with a new legal principle that better accommodates new or changing social and economic
conditions. The common law system considers prior case law to be a very high source of
authority and follows the doctrine of stare decisis.

Stare decisis means “let the decision stand.” Under the doctrine of stare decisis, a
court should follow the legal principle decided by that court or a higher court in a prior
case where the facts of the prior case are substantially the same as the facts in the present
case. It is the rule that when a court has decided a case by applying a legal principle to a set
of facts, the court should stick to the principle and apply it to all later cases with clearly
similar facts, unless there is a strong reason not to, and that inferior courts must apply the
principle in similar cases.

Civil law

Civil law is based on a civil code, a systematic and comprehensive written set of
rules of law. Judges look to the civil code to settle disputes, rather than rely on precedent.
The civil law system considers the legislative code of laws to be a very high source of
authority. The legislative code provides comprehensive coverage of all of the basic law of
the country. In deciding a legal problem, the code must be reviewed to find the appropriate
code provision, and the provision must be applied to solve the legal problem. In applying
code provisions, judges rely primarily on scholarly articles and books written by professors
rather than on prior case law. Cases may also be reviewed, but prior case law is not binding
as it is in a common law system. Judges also consult the interpretive notes following court
decisions.

Lawyers and judges faced with a legal problem consult the detailed rules of the
code; the code contains a mixture of general legal principles and answers to specific legal
problems. The code governs wills, estates, succession law and marital property, sales, real
property transactions, mortgages, conflicts of laws, statutes of limitation, co-ownership,
contract formation and interpretation, tort liability, and allocation of loss. Civil laws follow
the doctrine of jurisprudence constante rather than the doctrine of stare decisis. As
explained earlier, courts following the doctrine of stare decisis are bound to follow a
decision of the same court or a higher court when the facts in the prior decision are
substantially the same as the facts in the present case. Under jurisprudence constante, a
court respects a prior decision but is not bound to follow even the decision of a higher
court where the higher court decision differs from the language of the code.

e. Government Structure

Figure 1. The three branches of Government and their basic functions

When most people think of "the law," they think of those laws that are passed by the
legislature. In reality, the Philippine legal system is a complex interplay of different types of
law coming together to create a complete legal framework. These types of law typically
follow the structure of Philippine government, with laws being created by the legislative,
judicial, and executive branches. Understanding each of these branches, their respective
roles, and how they work together, is essential for legal research.

The Philippine Constitution divides state power among the legislative, judicial, and
executive branches of government, each with a crucial role in lawmaking. The distribution
of powers among the three branches requires each branch to interact with the other two in
significant ways; this required interaction has inherent in it certain checks and balances,
such that no one branch is more powerful than the other two.

Administrative agencies, often considered a part of the executive branch,

promulgate detailed administrative rules and regulations that have the force of law.
 The courts make law; interpret constitutions, statutes, and administrative
regulations; and settle disputes based on the law.

Interplay among the Three Branches of Government in Lawmaking

The three branches of government have different roles in the lawmaking process.
These roles and the interplay among the three branches balance the lawmaking power,
with each branch checking the lawmaking power of the other two.

Interplay between the Legislative and Judicial Branches

Look first at the interplay between the legislative and judicial branches.

Legislatures pass statutes to address a public problem. Where statutory language is

very general, the courts have a lot of freedom to interpret statutes through cases in which
the courts decide if and how a statute applies to a problem. Even where statutory language
is much more specific, a court may be called upon to interpret particular statutory language
or to decide if a statute applies to the problem before the court.

Legislatures enact statutes governing many different types of matters. However,

statutes do not cover all legal problems that arise. When a legal problem is not covered by a
statute, lawyers and judges consult case law (common law). Judges make common law
principles. Common law principles emerge as cases are decided. Common law is based on
the doctrine of precedent. Precedent lends fairness, coherence, predictability, and
reliability to the common law.

The common law is stable, yet flexible, changing to meet the needs of a dynamic
society. Historically, case law was emphasized over legislation, but this has changed with
the rapid growth of and importance of legislation. Today, some areas of the law, such as
torts, continue to be governed almost exclusively by case law; some areas are governed by
statutes (as interpreted by the courts and administrative agencies); other areas are
governed partly by case law and partly by statutes.

Philippine courts could determine if a statute were invalid because it was in conflict
with the Philippine Constitution. Judicial review of the constitutionality of a statute is
grounded in the supremacy clause and the clause giving federal courts jurisdiction over
cases “arising under this Constitution.” Philippine courts can declare a statute invalid if it
conflicts with the Philippine Constitution. This is commonly known as the doctrine of
judicial review.

The legislature can change common law by passing statutes that supersede the
common law. One reason to change the prior common law is because the legislature
recognizes a need to systematically regulate an area of the law previously governed by case
law. Another reason to change the prior common law is to “overrule” unpopular court
decisions.

The Executive Branch

The executive branch is headed by the chief executive whose primary role is to
enforce the law. Several of the president’s official roles, including that of a Philippine
military commander, give the president the power to issue proclamations and executive
orders. These documents have the force of law, similar to case law or statutory law.
 The executive branch affects and is affected by the other two branches in a number
of ways. The chief executive may veto legislation. Vetoed legislation can be enacted only if
the legislature has sufficient votes to override the veto.

As a check on both the president and the judiciary, Congress holds the power of
impeachment.

Administrative Agencies

Legislatures can establish administrative agencies and delegate the power to

promulgate administrative regulations to those agencies. Administrative regulations make
up administrative law, a source of law similar to statutes and cases. They under the
executive branch. In promulgating administrative regulations, an agency is performing a
quasi-legislative function. In addition, the agency is usually given the quasi-executive
power to enforce the regulations and the quasi-judicial power for administrative law
judges to decide disputes concerning the administrative regulations and impose sanctions.

Figure 2. The three governmental branches and the types of law made by each.

Now that you know something about the law produced by the three branches of our
government, you need to know where to look to find it. The next section briefly introduces
primary sources, secondary sources, and finding tools.

PART II- SOURCES OF LAW

An initial step in developing legal research expertise is to develop an understanding

of the types of materials that constitute "the law," and of the relationships between these
materials. When researching a legal issue, it is often necessary to explore statutes
(legislative enactments), cases (opinions of the judiciary), and/or regulatory materials
(administrative agency regulations and decisions). All these types of materials are
considered "primary sources." Additionally, most resources look at at least one
supplementary resource, called "secondary sources," to aid their research process.

A common, and sometimes significant, challenge for a novice researcher is to gain a

perspective on how such sources may apply to a particular subject matter and how they
relate to each other. Typically a researcher will need to consult multiple sources and utilize
different techniques for each type of resource.
With all this in mind it is easy to see why the structures, terminology, resources, and
vocabulary are an essential starting point for anyone looking to learn about legal
information.
Primary sources, secondary sources, and finding tools are all sources of law, but
they are used in different ways. Their use depends on the information they contain and
how authoritative they are.
 Primary sources contain the law itself and may be mandatory authority, secondary
sources contain commentary on the law, and finding tools, as the name implies, are used to
find primary and secondary sources.

Primary sources are given the most weight, but secondary sources are considered
persuasive and may be used if no primary sources are available. Finding tools are not
authoritative and may not be quoted or cited. Nevertheless, finding tools are an important
part of legal research. You may be able to locate relevant primary and secondary sources
only by using finding tools.

PRIMARY SOURCES

Primary sources contain the actual law itself and are given the most weight by
courts. Examples of primary law include: The 1987 Constitutions, cases, statutes,
administrative regulations, municipal codes and ordinances, and court rules.

Figure 3. Sources of Law arranged according to authority.

PRIMARY SOURCES INCLUDE:

1. The Philippine Constitution

The Philippine Constitution is the most important legal document for our
country because it is the “law”, and law of the highest authoritativeness and
obligation. As “supreme law of the land,” it is the ultimate authority to which
reference must be made to determine the validity of national laws, administrative
regulations, local ordinances and executive actions and contains our country’s
fundamental principles of law.

Doctrine of Constitutional Supremacy

Under this doctrine, if a law or contract violates any norm of the

Constitution, that law or contract, whether promulgated by the legislative
or by the executive branch or entered into by private persons for private
purposes, is null and void and without any force and effect. Thus, since
the Constitution is the fundamental, paramount and supreme law of the
nation, it is deemed written in every statute and contract. (Manila Prince
Hotel v. GSIS, G.R. No. 122156, Feb. 3, 1997)

“The Constitution is the basic and paramount law to which all other
laws must conform and to which all persons, including the highest
 officials of the land, must defer. No act shall be valid, however nobly
intentioned, if it conflicts with the Constitution. The Constitution must
ever remain supreme. All must bow to the mandate of this law.
Expediency must not be allowed to sap its strength nor greed for power
debase its rectitude. Right or wrong, the Constitution must be upheld as
long as it has not been changed by the sovereign people lest its disregard
result in the usurpation of the majesty of the law by the pretenders to
illegitimate power.” (Isagani A. Cruz, Philippine Political Law, Central
Lawbook Publishing, Co., Inc. 1991 Ed., p. 11)
 

2. Statutory Law (legislation)

These are  laws passed by an elected legislative body Legislation is generally

prospective in nature, time-sensitive, and organized by topic into codes.

3. Administrative Law (regulations)

These are decisions, rules, and regulations made by the constitutional offices
and administrative agencies of the executive branch. When authorized by enabling
legislation, agencies promulgate rules that specify how they will carry out the law.
These rules, or regulations, are collected into a topical code, similar to legislation.

4. Case Law / Cases (court opinions / court decisions / common law)

These are created by the courts through the assembled, published appellate
decisions of a jurisdiction, and is mandatory (or binding) law on the lower courts in
that jurisdiction. Courts only make law on the cases brought before them. Thus, case
law is reactive in nature, made in response to a dispute, and restricted to the
boundaries of that dispute.

SECONDARY SOURCES

Secondary sources are designed to explain legal concepts and can be used to
understand basic legal terms and general concepts. They provide the researcher with
background information and a framework of an area of the law, arranging legal principles
in an orderly fashion. In contrast to primary authority (constitution, cases, statutes, court
rules, and administrative regulations), secondary sources do not have the force and effect
of law.

FINDING TOOLS

Finding tools are reference publications used to find primary and secondary
sources. They include digests, citators, and the Index to Legal Periodicals.

A major goal in legal research is to locate the primary sources relevant to the
problem you are researching. Secondary sources are often used to find primary sources.
Another reason for consulting a secondary source is to gain a basic understanding of the
subject matter being researched.

PRIMARY and SECONDARY SOURCES: DIFFERENCES

 Figure 3. Primary and Secondary Sources
When discussing legal sources, it is important to know the difference
between primary and secondary sources.
Primary sources are those resources which are the law itself.  That means a primary
source is one of the four sources listed above. Lawyers use primary authority to determine
what the law says about a given matter. Identifying and aggregating these materials in
order to solve legal problems is what legal research is all about.
Primary sources can be mandatory (or binding) or persuasive. Mandatory authority
is the term used for constitutions, cases, statutes, or regulations the court must follow. A
primary source is mandatory when it is binding. For legislative and administrative
materials, this is often easy to figure out. Making a determination as to whether a case is
mandatory takes a bit more skill. Stated as a simple rule, the concept is lower courts are
required to follow decisions from higher courts.
Primary sources can also be persuasive authority. The term persuasive authority
refers to any material the court may choose to follow or consider, but which the court does
not have to adhere to when making its determination. Thus, primary law from another
jurisdiction or a lower court may be used as persuasive authority.
Secondary sources are those materials which analyze, editorialize, summarize, or
comment on the law. These materials do not have the force of law, but can be very helpful
to legal researchers. While these materials are not usually used to support arguments in
the way primary materials are, they can be cited for persuasive value. More importantly,
these sources can help legal researchers understand the area of law in which they are
researching and even connect them to valuable primary sources.
Secondary sources are always persuasive and are rarely cited to the court, save a
select few types of secondary sources.
When conducting legal research, it is important to be mindful of the differences
between primary and secondary sources. 
CITATION TO LEGAL SOURCES

In writing legal documents, always cite the relevant primary source.

 Cases

For in-text citation

Use the name of the case in italics and the year of the decision.

example:

Meritor Sav. Bank v. Vinson, 1986

For references:

S UP REM E C OURT

Citation format: <case name>, <volume number> <reporter abbreviation> <first

page>, <page(s) of specific material, if desired> (<date of decision>) (<country
abbreviation if not evident from context>).
 
Or: <case name>, <volume number>:<number> O.G. <first page>, <page(s) of specific
material, if desired> (<date of decision>) (<country abbreviation if not evident from
context>).
 
Or: <case name>, G.R. No. <docket number>, <parallel citation, if desired> (<date of
decision>) (<country abbreviation if not evident from context>), <URL to official source, if
no parallel citation to a print source provided>.
 
examples:

People v. Quimson, 419 PHIL. REP. 28, 33–43 (Oct. 5, 2001).

Banez v. Banez, 99:30 O.G. 4775 (July 28, 2003) (Phil.).

Gonzalez v. Katigbak, G.R. No. L-69500, 37 S.C.R.A. 717, 728 (July 22, 1985) (Phil.).

Papertech, Inc. v. Josephine P. Katando, G.R. No. 236020 (Jan. 8, 2020) (Phil.),
http://sc.judiciary.gov.ph/10680.

C OURT OF APP EALS

Citation format: <case name>, <CA-docket and case type>, No. <docket number>, <parallel

citation, if desired>, (<court abbreviation if not evident from context>, <date of decision>)
(<country abbreviation if not evident from context>), <URL to official source, if no parallel
citation to a print source provided>.

example:
Mighty Corp. v. J. Noli C. Diaz, et. al., CA-G.R. SP No. 150100 (Mar. 28, 2018) (Phil.),
http://services.ca.judiciary.gov.ph/casestatusinquiry -war/faces/jsp/view/ViewResult.jsp.

Constitution

The current Constitution of the Philippines was ratified in 1987. Citation

format: CONST. (<promulgation year, if citing a previous
constitution>), <article>, <section> (<country abbreviation if not evident from context>).
examples:

CONST., (1987), art. VI (Phil.).

CONST . (1973), art. VII, § 1 (Phil.).

CONST . (1935), art. VII, § 1 (Phil.).

Codes

Give the code name, subdivision if relevant, legislation type and number, and amendment
information if applicable.

ADMINISTRATIVE CODE , Book III, Title I, Chapter 2, § 2, Exec. Ord. No. 292, as amended by Rep.
Act 6682 (Phil.).

CIVIL CODE , § 10, Rep. Act 386, as amended (Phil.).

FAMILY CODE , Exec. Ord. 209, as amended (Phil.).

INSURANCE CODE , Rep. Act No. 10607 (Phil.).

LABOR CODE , Pres. Dec. No. 442, as amended (Phil.).

LOCAL GOVERNMENT CODE , Rep. Act No. 8424, as amended (Phil.).

NATIONAL INTERNAL REVENUE CODE , Rep. Act No. 8424 (Phil.).

OMNIBUS ELECTION CODE , B.P. Blg., 881, as amended (Phil).

REVISED CORPORATION CODE , Rep. Act No. 11232 (Phil).

REVISED PENAL CODE, Act No. 3815, as amended (Phil.).

TARIFF AND CUSTOMS CODE , Rep. Act No. 1937, as amended (Phil.).

Legislation

Citation format: <statute name or short title>, <legislation type> No. <number>, <section(s)

of specific material, if desired> (<date of enactment>), <reporter abbreviation> (<series>),
Book <book number>, p. <first page>, <page(s) of specific material, if desired> (<country
abbreviation if not evident from context>).

Or: <statute name or short title>, Rep. Act No. <number>, <section(s) of specific material, if

desired>, <volume number>:<number> O.G. <first page>, <page(s) of specific material, if
desired> (<date of enactment>) (<country abbreviation if not evident from context>).

Or: <statute name or short title>, <legislation type> No. <number>, <section(s) or article(s)

of specific material, if desired>, <parallel citation, if desired> (<date of enactment>)
(<country abbreviation if not evident from context>), <URL to official source, if no parallel
citation to a print source provided>.

For Batas Pambansa:

Citation format: <statute name or short title>, B.P. Blg. <number>, <section(s) of specific
material, if desired> (<date of enactment>), <reporter abbreviation> (<series>),
Book <book number>, p. <first page>, <page(s) of specific material, if desired> (<country
abbreviation if not evident from context>).

Or: <statute name or short title>, B.P. Blg. <number>, <section(s) or article(s) of specific

material, if desired>, <parallel citation, if desired> (<date of enactment>) (<country
abbreviation if not evident from context>), <URL to official source, if no parallel citation to
a print source provided>.

examples:

An Act providing for a System of Overseas Absentee Voting by Qualified Citizens of the
Philippines Abroad, Appropriating Funds Therefor, and for Other Purposes, Rep. Act No.
9189, § 5(a), 99:19 O.G. 2297 (May 12, 2003) (Phil.).

Anti-Violence Against Women and Their Children Act of 2004, Rep. Act No. 9262, § 5(e)(1)
(Mar. 8, 2004) (Phil.), https://www.officialgazette .gov.ph/2004/03/08/republic-act-no-
9262-s-2004.

Executive issuances

Citation format: <issuing agency>, <issuance name or short title>, <issuance

type> No. <number>, <section(s) or articles(s) of specific material, if desired>, <volume
number>: <number> O.G. <first page>, <page(s) of specific material, if desired> (<date of
promulgation>) (<country abbreviation if not evident from context>).

Or: <issuing agency>, <issuance name or short title>, <issuance

type> No. <number>, <section(s) or articles(s) of specific material, if desired>, <parallel
citation, if desired> (<date of promulgation>) (<country abbreviation if not evident from
context>), <URL to official source, if no parallel citation to a print source provided>.

examples:

Office of the President, Establishing a System to Ensure Smooth Flow of Transactions in

Government and Prompt Response to Public Requests, Mem. Circ. No. 60, § 1,89 O.G. 4747
(July 8, 1993) (Phil.).

Office of the President, Increasing the Amount of Employment Compensation Benefits for
Employees in the Public Sector, Exec. Ord. No. 135, § 3 (Apr. 23, 2013) (Phil.),
https://www.officialgazette.gov. ph/2013/04/23/executive-order-no-135-s-2013.

Treaties

Cite the title, the date of signature or accession by the Philippines, and the date of entry
into force.

example:

Treaty of Friendship with India, July 11, 1952 (1953)

 Internet sources
  http://www.gov.ph (Government of the Philippines and the Official Gazette online)
 http://officialgazette.gov.ph (Official Gazette online)
 http://elibrary.judiciary.gov.ph (Supreme Court of the Philippines e-library, an
online legal repository maintained by the Supreme Court)
 http://www.sc.judiciary.gov.ph (portal of the Philippine Judiciary)
 http://www.congress.gov.ph (House of Representatives of the Philippines)
 http://www.senate.gov.ph (Senate of the Philippines)
 http://www.chanrobles.com/index1.htm (Chan Robles Virtual Law Library, a
website maintained by the Chan Robles Law Firm, a Philippine legal services
company)
 http://www.lawphil.net (The Lawphil Project, a legal website maintained by the
Arellano Law Foundation, a Philippine nonprofit institution specializing in legal
education)
 http://newyorkpcg.org/treaty/index.php (Philippine Treaties Online,
maintained by the Office of Legal Affairs, Philippine Department of Foreign Affairs)
 http://www.loc.gov/law/help/guide/nations/philippines.html  (Library of
Congress Guide to Law Online: Philippines)

PART III- THE LEGAL RESEARCH PROCESS

Figure 4. Major Steps of the Research Process

You may have heard or read the phrase "legal research process" before. This phrase
refers to the steps undertaken by a legal researcher in order to meet their research
objective. While a singular phrase, legal research process, is often used to talk about
research activities, there is no one process that is uniformly best every time for every
problem. There are, however, certain steps every researcher should employ along the way.
The order of these steps--or even the inclusion of a step--may vary depending on a variety
of factors including how much you know before you start and the scope of the research.
Figure 4 shows the typical steps a legal researcher moves through as part of the
research process. Remember, legal research is not linear. This means that, while these
steps provide a solid path for approaching any legal research problem, the actual steps
taken--or value of a given step--will vary.
 For example, if you are an experienced defense lawyer researching in an area of law
you know well you may spend less time on the beginning steps than a novice researcher.
Step 1: Preliminary Analysis

 Identify / Clarify:
o T- Thing or subject matter
o A- Cause of action or group of defenses
o R- Relief sought
o P- Persons or parties involved
 What entities have authority?
 What types of law do you expect to find (e.g., statutes, regulations, case law)?
 How familiar are you with the area of law? What do you know about the issues?
 Create a list of general and specific search terms (unique or distinctive facts) and
legal concepts (include synonyms and related terms)

Create a Research Plan

 Decide where to begin (usually secondary sources)

 Identify primary authority sources to search (The Constitution, statutes,
regulations, and cases)
 Locate the sources you wish to search, choose the format, understand the
scope and coverage of the resource and how to navigate / search (table of
contents, index, full-text search (internet))

Step 2: Consult Secondary Sources

 To understand the area of law

 To find citations to primary authority
 To discover new search terms and legal concepts
 To focus and refine issues

Step 3: Search for Authority – Statutes and Regulations

 Search for statutes first (enacted laws control before case law)
 Search for administrative regulations related to relevant statutes

Step 4: Search for Cases

 Search for case law interpreting the statute(s)

 If there are no applicable statutes or regulations, look for mandatory case law
 Search for persuasive authority if there is no mandatory authority or to find
contrary authority

Step 5: Evaluate Your Search Strategy and Results As You Go; Refine Update & Final
Check

 Identify new search terms and legal concepts

 Refine research strategy to incorporate findings
 Too many and/or irrelevant results? – Narrow search:
o Add more terms, use more specific terms, set filters, adjust proximity
connectors (e.g., AND instead of OR, /s instead of /p)
 Not enough results? – Broaden search:
 o Use fewer terms, use broader terms, clear filters, adjust proximity connectors
(e.g., OR instead of AND, /p instead of /s)
 Periodically consult your notes/facts to ensure you are staying on track
 Consider other relevant sources (e.g., surrounding sections of statutes, definitions,
related authority)
 Make sure you have addressed all issues completely
o 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.
 Update all primary authority you are relying on or citing to make sure it is still good
law
 Proofread your work

Step 6: Start Over

 only if needed