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Legal Research by Rufus Rodriguez
Legal Research by Rufus Rodriguez
6. Legal Research and Bibliography, Aim ISSUE: W.O.N. publication in the Official Gazette is
-In order to provide legal basis for a claim, one must present for required before any law or statute becomes valid
consideration the authority which must be applied, and which the and enforceable.
court is bound to apply.
HELD: Art. 2 of the Civil Code does not preclude the
7. Sources of Law requirement of publication in the Official Gazette,
even if the law itself provides for the date of its
Primary Sources -recorded laws and rules which will effectivity. The clear object of this provision is to
be enforced by state give the general public adequate notice of the
various laws which are to regulate their actions and
*legislative actions, codes, statutes, judicial decisions, administrative conduct as citizens. Without such notice and
laws (IRR) publication, there would be no basis for the
application of the maxim ignoratia legis nominem
Secondary Sources -publications that discuss or analyze excusat. It would be the height of injustive to punish
legal doctrine or otherwise burden a citizen for the transgression
*treatises, commentaries, encyclopedias, legal writings (Academic of a law which he had no notice whatsoever, not
Journals, IBP Journal & Lawyers Review) even a constructive one.
A. Public Law -Constitutional Law, the fundamental law of the Reference -refers to other statutes and make them
land which defines the powers of the applicable to the subject of the new legislation
government; Administrative Law, fixes Declaratory -establishes its meaning & correct construction
organization and its functions; International
Law, regulates the community of nations
B. Private Law - Substantive, creates duties, rights; and Statutes Proper, Parts
Procedural, means & methods in courts
Title -gives the general statement of the subject matter
III. STATUTES
Preamble -states the reason for, or the objects of the
1. Statute, Defined enactment
-A written will of the legislature expressed according to the form
necessary to constitute it a law of the state and rendered authentic Enacting Clause -indicates the authority which promulgates the
by certain prescribed forms and solemnities enactment
2. Classes of Statute Law Body -contains the subject matter of the statute and
shall embrace only one subject
A. The 1987 Constitution
Provisos -acting as a restraint upon or as qualification of
Constitution, Defined the generality of the language which it follows
-The fundamental law or supreme law of the land promulgated by
the people. A law, to which all other laws must conform Interpretative Clause -legislature defines its own language
or prescribes rules for its
-The written instrument by which the fundamental powers of the construction
government are established, limited and defined and by which these Repealing Clause -announces the legislative intent to
powers are distributed among the several departments for their safe terminate or revoke another statute
and useful exercise for the benefit of the people
Saving Clause -restricts a repealing act and
B. Treaties and International Agreements preserves existing powers, rights
and pending proceedings from the
Treaty, Defined effects of the repeal
-An agreement between or among states which generally governs Separability Clause -if for any reason, any section or
their mutual conduct with one another provision is held to be
unconstitutional or invoked, the
C. Statutes enacted by the Legislature other section or provision of the law
shall not be affected thereby.
Statute Proper, Kinds Date of effectivity -when the law shall take effect (Article 2
of the Civil Code)
As to nature
Penal -imposes punishment of an offense Note:
Remedial -remedy former laws, reform or extend rights *TITLE must have only one subject to prevent hodge-podge or log-
Substantive -creates, defines, regulates the rights and rolling legislation, to prevent surprise or fraud, and to fairly apprise
duties of parties the people of the subject of legislation
Labor -welfare of laborers, governs employer-
employee relationship Hodge-Podge, Defined
Tax -exaction of money from the state to achieve -A mischievous legislative practice of embracing in one bill several
legislative or general objective distinct matters, none of which, perhaps, could singly obtain the
assent of the legislator, and then procuring its passage by a
As to application combination of the minorities in favour of each of the measure into a
Mandatory -non-compliance renders act void or illegal majority that will adopt them all
Directory -non-compliance does not invalidate act
-Objective: to unite the legislators who favour any one of the
As to performance subjects in support of the whole act. VOID
Permanent -continues in performance until altered or
repealed Test of sufficiency of title: indicates in broad but CLEAR terms in
Temporary -fixed for a specified period nature, scope and consequences of the proposed law and its
operation
As to scope
General -applies to persons, entities, things as a class In case of doubt as to the sufficiency of the title, the presumption is in
omitting no one favour of the validity of the acts
Special -particular persons, entities, things
Local -specific, within territorial limits
*PREAMBLE does not create right nor grant any right, not a source D. Administrative Rules and Regulations
of government power, not an essential part of a statute (Whereas)
E. Ordinances enacted by the Autonomous Regions
People vs Echaves
95 SCRA 663 F. Ordinances enacted by Local Government Units
FACTS: Fiscal Ello filed before the lower court 3. Philippine Legislative System
separate informations against 16 persons charging
them with squatting penalized by PD 772. The 4. When a Bill becomes a Law, Process
informations were dismissed on the grounds that
(1) entry should be by force, intimidation or threat * Proposal to the committee
and not through stealth and strategy as alleged; (2) * 1st reading (in session, read title, author, synopsis)
PD 772 does not apply to the cultivation of a grazing * Referred to appropriate committee
land. Motion for consideration was likewise denied. * 2nd reading (debate, interpolation, amendment, finalize)
The phrase “and for other purposes” in the decree * Endorse to plenary
does not include agricultural purposes because its * 3rd reading (Vote via Viva Voce or Roll-call, Yeas or Nays)
preamble does not mention the Secretary of * Second Committee (Repeat steps 2-6)
Agriculture and makes reference to the affluent
class. Hence, the appeal to this Court. Harmonization of the bill, if necessary:
HELD: Lower court’s decision affirmed. The decree * Parallel reading between house and senate
does not apply to pasture lands because its -Bicameral Conference Committee (3rd House of Congress)
preamble shows that it was intended to apply to * Enrolled Bill
squatting in urban communities or more *signed by Senate President and Speaker of the House
particularly to illegal constructions in squatting * Submit to President for approval (approve/ veto/ lapse into law)
areas made by well-to-do individuals. The squatting ______________________________________________________________________________
complained of involves pasture lands in rural areas. 1 Tañada vs. Tuvera, 136 SCRA 27
On the other hand, it is punished by RA 947
IV. CASE LAW 5. Effect of Decided Case (of the Supreme Court):
1. Case Law, Defined (1) An authoritative settlement of the particular controversy before
-the decisions, interpretations made by judges while deciding on the it; and
legal issues before them which are considered as the common law or (2) As a precedent for future cases
as an aid for interpretation of a law in subsequent cases with similar
conditions. Case laws are used by advocates to support their views 6. Res judicata, Defined
to favor their clients and also it influences the decision of the -a matter adjudged, judicially acted upon or decided, or settled by
judges.1 judgment. It provides that a final judgment on the merits rendered
by a court of competent jurisdiction is conclusive as to the rights of
-it comes from judicial authorities of the state and is the 2 nd major the parties and their privies; and constitutes an absolute bar to
category of primary sources of law subsequent actions involving the same claim, demand or cause of
action
2. Classes of Case Law
7. Requisites of Res judicata:
* Decisions Proper
-Decisions by regular courts of Justice2 (1) The former judgment must be final;
-Decisions of the Supreme Court (2) The court that rendered it had jurisdiction over the subject
-Decisions of the Court of Appeals matter and the parties;
-Decisions of the Sandiganbayan (3) It is a judgment on the merits (rendered after consideration of
-Decisions of the Court of Tax Appeals evidence and stipulations); and
-Decisions of the Regional Trial Courts (4) There is — between the first and the second actions — an
-Decisions of the Metropolitan Trial Courts, the Municipal identity of parties, subject matter and cause of action (G.R. No. 146886
Trial Courts and the Municipal Circuit Trial Courts [2003])
4. Parts of a Decision/ Ponencia: 1. Vertical Stare Decisis -Duty of lower courts to apply the
decisions of the higher courts to
(1) Title (indicating the names of the parties) cases involving the same facts.
(2) Syllabus (summary of important points of decision) (Obligation)
(3) Portion of the report that carries authority ______________________________________________________________________________
______________________________________________________________________________ 6 Pedro Joven
1 Legal-explanations.com 2010 7 West's Encyclopedia of American Law, edition 2
2 Pedro Joven 8 Civil Code, Paras (2008)
3 Pedro Joven
4 Hill, 2005
5 West's Encyclopedia of American Law, edition 2
Res Judicata and Law of the case, Distinguished HELD: Petition denied. In a long line of cases, it has
-The former forecloses parties in one case, while the latter does not been held that it is the value of the property at the
have the finality of the former and applies only to a particular case. time of taking that is controlling for purposes of
compensation. We find no application for Article
11. Subordinate Case Laws 1250 because it pertains to contractual obligations.
12. Decision of the Court of Appeals Moreover, petitioner cannot properly insist on the
application of the CA decisions. A ruling of the CA on
-The Court of Appeals serves as our intermediate appellate court. As any question of law is not binding on this Court. In
to whether the decisions of this Tribunal shall constitute precedents, fact, the Court may review, modify or reverse nu
the Supreme Court of the Philippines, in the case of Miranda, et al, v. such ruling of the CA.
Imperial (77 Phil. 1066) held: “Only the decision of this Honorable
Court establish jurisprudence or doctrines in the jurisdiction. RATIONALE: The owner of the private property
However, this does not prevent that a conclusion or pronouncement should be compensated only for what he actually
of the Court of Appeals which covers a point of law still undecided in loses; it is not intended that his compensation shall
our jurisprudence may serve as juridical guide to the inferior courts, extend beyond his loss or injury.
and that such conclusion or pronouncement be raised as a doctrine
if, after it has been subjected to test in the crucible of analysis and Ayala Corporation vs Rosa-Diana Realty and
revision, this Supreme Court should find that it has merits and Development Corp
qualities sufficient for its consecration as a rule of jurisprudence” 346 SCRA 663
HELD: The decision of the CA is reversed and set HELD: Petition granted. The traditional rule of State
aside. The law of the case or stare decisis cannot be immunity exempts a state from being sued in courts
held applicable in the case at bench. The sole issue of another state without its consent. The reliance
raised before the appellate court was the propriety placed on Lyons by the respondent judge is
of the lis pendens annotation. misplaced. In the case, it can be seen that the
statement in respect of the waiver of State Immunity
RATIONALE: The ruling covered by the doctrine of from suit was purely gratuitous and therefore
the law of the case is adhered to in the single case obiter, thus, it has no value as an imperative
where it arises, but is not carried into other cases as authority.
precedent.
RATIONALE: The restrictive application of State
Silliman University vs Fontelo-Paalan Immunity is proper only when the proceedings arise
525 SCRA 759 out of commercial transactions of the foreign
sovereign. It does not apply where the contract
FACTS: Respondent was employed by the petitioner relates to the exercise of its sovereign functions. in
and was assigned to the Medical Records Section of the case at bar, the projects are an integral part of
the Silliman University Medical Center. She was later the naval base devoted to the defense of both the US
promoted as the Head, the position she held until and the Philippines, indisputably a function of the
her retirement at the age of 57 pursuant to the government.
provisions of the petitioner’s retirement plan.
Accordingly, respondent received her retirement IV. BOOKS OF SECONDARY AUTHORITY
benefits. Three years after, respondent filed with the
NLRC a complaint for illegal dismissal against V. LEGAL RESEARCH
petitioner on the ground that said provision violates
her constitutional right of security of tenure and is Legal Authority, Defined
contrary to the compulsory retirement age of 65. -Authority that will aid in finding a solution to a legal problem
Petitioner was found guilty of illegal dismissal by the
Labor Arbiter. On appeal, NLRC reversed the ruling 1. Primary and Secondary Legal Authority, Distinguished
of the LA and upheld the validity of the retirement -Primary Legal Authorities are authorized statements of law issued
plan. Respondent filed a Motion for Reconsideration by governmental bodies; while Secondary Legal Authorities are
but was denied but modified its decision by descriptions of, or commentary on, the law
adjudging the petitioner liable for additional
retirement benefits. Respondent then appealed -The former is the law itself (Mandatory or Persuasive); while the
before the CA, which affirmed the modified decision latter interprets, analyzes, or compiles the law (Persuasive)
of the NLRC. Respondent opted to accept the
adverse judgment. Petitioner, on the other hand, Primary Legal Authorities (the court must rely on)
filed a Petition for Review on Certiorari in reference * Constitution and Statutes (Legislative Branch)
to its liability. * Cases (Judicial Branch)
* Treaties, Executive Orders, Administrative Rules & Regulations,
HELD: Petition denied. This Court is already without Ordinances (Executive Branch)
jurisdiction to take cognizance of the present
Petition. By the petitioner and respondent’s inaction Secondary Legal Authorities (the court may consider)
and presumed acquiescence, respectively, the * Law review Articles, Treatises
findings of the NLRC and the CA, attained finality * Restatements of the Law
and thus, became final and executory not having * Legal Encyclopedias
been timely appealed.
2. Mandatory and Persuasive Legal Authority, Distinguished
Lambino vs COMELEC - Mandatory must be followed because it is the legal authority for a
505 SCRA 160 particular jurisdiction; while Persuasive may be followed optionally
because they are legal authorities (court decisions) of other
US vs Ruiz jurisdictions
136 SCRA 487
3. Sources of Authorities
FACTS: USA had a naval base in Subic Zambales. The *Legislature
base was one of those provided in the Military Bases * Supreme Court
Agreement between the Philippines and the US. * Administrative Bodies
Sometime in May 1972, the US invited the * Local Government Units
submission of bids for the repair of its naval * President
equipment. Eligio de Guzman and Co. submitted
their bids. Subsequently, it received 2 telegrams 4. Legal Research Process
requesting it to confirm its price proposals. On June
1972, the company received a letter which was VI. FUNDAMENTAL RESEARCH SKILL: CASE BRIEFING AND
signed by William I. Collins of the US Navy stating SYNTHESIS OF CASES
that it did not qualify to receive an award because of
its unsatisfactory performance ratings. The company 1. Case Briefing, Defined
then filed a petition in the trial court to issue a writ -A digest or condensation of a case. It is a written summary
of preliminary injuction, which the RTC affirmed. identifying the essential components of a court opinion.
Hence this petition.
FACTS: Plaintiff Leouel Santos married defendant In the case at bar, the senseless and protracted
Julia Bedia on September 20, 1986. On May 18, refusal of one of the parties to fulfill the above
1988, Julia left for the U.S. She did not communicate marital obligation is equivalent to psychological
with Leouel and did not return to the country. In incapacity.
1991, Leouel filed with the RTC of Negros Oriental, a
complaint for voiding of the marriage under Article Judgment AFFIRMED.
36 of the Family Code. The RTC dismissed the
complaint and the CA affirmed the dismissal. Republic vs. CA
268 SCRA 198
ISSUE: Does the failure of Julia to return home, or at
the very least to communicate with him, for more FACTS: On April 14, 1985, plaintiff Roridel O. Molina
than five years constitute psychological incapacity? married Reynaldo Molina which union bore a son.
After a year of marriage, Reynaldo showed signs of
HELD: No, the failure of Julia to return home or to immaturity and irresponsibility as a husband and
communicate with her husband Leouel for more father as he preferred to spend more time with his
than five years does not constitute psychological friends, depended on his parents for assistance, and
incapacity. was never honest with his wife in regard to their
finances resulting in frequent quarrels between
Psychological incapacity must be characterized by a) them. The RTC granted Roridel’s petition for
gravity, b) juridical antecedence, and c) incurability declaration of nullity of her marriage which was
affirmed by the CA.
Psychological incapacity should refer to no less than
a mental (not physical) incapacity that causes a ISSUE: Do irreconcilable differences and conflicting
party to be truly incognitive of the basic marital personalities constitute psychological incapacity?
covenants that concomitantly must be assumed and
discharged by the parties to the marriage which, as HELD: There is no clear showing that the
so expressed by Article 68 of the Family Code, psychological defect spoken of is an incapacity. It
include their mutual obligations to live together, appears to more of a “difficulty”, if not outright
observe love, respect and fidelity and render help “refusal” or “neglect” in the performance of some
and support. marital obligations.
The intendment of the law has been to confine the Mere showing of “irreconcilable differences” and
meaning of “psychological incapacity” to the most “conflicting personalities in no wise constitutes
serious cases of personality disorders clearly psychological incapacity. It is not enough to prove
demonstrative of an utter insensitivity or inability to that the parties failed to meet their responsibilities
give meaning and significance to the marriage. This and duties as married persons; it is essential that
psychologic condition must exist at the time the they must be shown to be incapable of doing so, due
marriage is celebrated. to some psychological (not physical) illness.
Undeniably and understandably, Leouel stands The evidence merely adduced that Roridel and her
aggrieved, even desperate, in his present situation. husband could not get along with each other. There
Regrettably, neither law nor society itself can always had been no showing of the gravity of the problem,
neither its juridical antecedence nor its incurability.
HELD: Petitioner failed to establish the fact that at Thus, his alleged psychological illness was traced
the time they were married, private respondent was only to said period and not to the inception of the
suffering from psychological defect which in fact marriage. Equally important, there is no evidence
deprived him of the ability to assume the essential showing that his condition is incurable, especially
duties of marriage and its concomitant now that he is gainfully employed as a taxi driver.
responsibilities. As the Court of Appeals pointed out,
no evidence was presented to show that private In sum, this Court cannot declare the dissolution of
respondent was not cognizant of the basic marital the marriage for failure of petitioner to show that
obligations. It was not sufficiently proved that the alleged psychological incapacity is characterized
private respondent was really incapable of fulfilling by gravity, juridical antecedence and incurability
(Santos v. CA, 240 SCRA 20); and for her failure to
Case Brief Legal citation is the style of crediting and referencing other
-Written summary of the abstract of the case, in your own words documents or sources of authority in legal writing (Wikipedia)
Case Brief, Elements Manual of Judicial Writing: “Substance and form are the basic
1. Facts elements of all human creation. One without the other would be
-Contains the parties involved, date of the case, controversies, cause useless. The purpose of the Manual is to provide a standardized
of action (arises from the act of another violating the right of form for the substance of Supreme Court decisions and resolutions.
someone, the latter having the cause of action) The aim is to provide tools for clarity while leaving plenty of room
for individual style and preference”
2. Issues
-Problem, sub-issues II. Purpose of Legal Citation
3. Arguments According to former Chief Justice Hilario Davide (2005), “words are
-Parties, court, discussion of pros and cons the lifeblood of judicial decision or of any other form of writing.
-Formulation through general proposition from considering facts When the right words are used, they serve as gems that give luster
(inductive reasoning) to a message or idea. On the other hand, gobbledygook, legal jargon,
or archaic language is likely to take away the vigor of a message”
4. Decision
-Application of the law A language without idiom is like a man who cannot smile
Obiter Dicta (not binding) Legal citation is a standard language that allows one writer to refer
-Proposition or statement not pertinent in deciding the issues in the to legal authorities with sufficient precision and generality that
case other can follow the references
Example: People vs. Boncayao, 234 SCRA 567 (2010) 3. Furnish important additional information about the referenced
material and its connection to the writer’s argument to assist
Methods readers in deciding whether or not to pursue the reference
A. Living Law Approach The task of “legal citation” in short is to provide sufficient
information to the reader of a brief or memorandum to aid a
1. Law Finder decision about which authorities to check as well as in what order to
-Index, dictionaries, etc consult them and to permit efficient and precise retrieval -- all of
that, without consuming any more space or creating any more
2. Go to the law distraction than is absolutely necessary (Adapted from Cornell
-If not the law you are looking for, cross-reference to get the law that Library 2005, with permission)
applies appropriately
III. Types of Citation Principles
3. Supplement or evaluate it
1. Full Address Principles: Principles that specify completeness of
B. Topic Method the address or identification of a cited document or document
portion in terms that will allow the reader to retrieve it
Read also: Manual of Supreme Court on Legal Writing, Judicial
Writing by Dr. Ng (page 156-166) re: Citing Constitutions, Statutes, 2. Other Minimum Content Principles: Principles that call for the
Administrative Orders, and Foreign Materials inclusion of additional information items beyond a retrieval address
-- the full name of the author of a journal article, the year a decision
was rendered or a statutory codification last updated
IV. How to cite Constitutions Manila Ordinance 6120, January 26, 1967
II RECORD, CONSTITUTIONAL COMMISSION 24 (June 24, 1986) People v. De Guzman (Not People v. Guzman)
V. How to cite Statutes, and Similar Materials -cite names of corporations, associations, business firms and
partnerships in full. Words forming part of such names may be
1. Session Laws: cite the law, followed by the year of effectivity in abbreviated, except the first word
parentheses, and the specific article or section
Mata v. Rita Legarda, Inc.
Republic Act No. 4723 (1966), Sec. 2
-cite cases involving the Government of the Philippines and criminal
2. Codes: cite the name of the particular code and specific article or cases as follows:
section (if numbered continuously; or the headings, from general to
specific, followed by the article or section (if not numbered U.S. v. Jaranilla
continuously) Government v. Abadinas
Republic v. Carpin
People v. Santos
CIVIL CODE, Art. 297
CIVIL CODE (1889), Art. 67
ADMINISTRATIVE CODE, Book IV, Title 1, Chapter 9, Sec. 29 -cite cases involving public officers as follows:
*When the code is no longer in force, enclose the year of effectivity in Gonzales v. Hechanova (Not Gonzales v. Executive Secretary)
parentheses after the name of the code
-cite local government units by their level, followed by their official
3. Legislative Proceedings: cite the volume in roman numeral, name
followed by the word RECORD/JOURNAL, HOUSE/ SENATE, the
Province of Rizal v. RTC
specific Congress, the session number, the page number, and the
date of deliberation in parentheses
-cite case names beginning with procedural terms like In re. as they
II RECORD, HOUSE 6TH CONGRESS 1ST SESSION 24 (June 24, 1966)
appear in the decisions. Use In re instead of In the matter of
In re Elpidio Z. Magsaysay
VI. How to cite Administrative Materials and Regulations
-in consolidated cases, cite only the first case
1. Treaties: name of the treaty or agreement, the date of signing, the
parties, the subdivisions referred to (if applicable), and the source In Mabuhay Textile Mills Corp v. Minister Ongpin, 1 the court held that xxx
Treaty of Friendship with India, July 11, 1952 (1953), II-2 ___________________
1 225 Phil. 383 (1986)
B. Presidential Acts under Martial Law *In multiple cases, start with the latest to the earliest
C. Other Executive Issuances RULES OF COURT, Rule 130, Sec. 2, par. (b)
Secretary of Justice Opinion No. 271, s. 1982 3. ROLLO & Other Court Records
D. Cite Rules and Regulations: abbreviated name of the agency A. Rollo. Capitalize the word “rollo” only at the beginning of a
together with the designation employed in the rules, serial number, citation or a sentence
year of promulgation in parentheses, and the section or paragraph
Rollo, p. 21
Labor Employment Service Regulation No. 3 (1966) CA rollo, pp. 109-122
Sandiganbayan rollo, p. 9
CTA rollo, p. 10
B. Records:
Exhibit .A,. p. 21
3. Introductory Signals