LEGAL RESEARCH AND WRITING 1-E

FIRST YEAR, FIRST SEMESTER, 2021-2022

ATTY. JOSEPH R. MIGRIÑO

I. OBJECTIVES

The course intends to: (1) introduce the students to the field of legal research; (2)
introduce a uniform system of citation; (3) identify the sources of materials needed for
legal research; (4) underscore the need for proper citation or attribution; and (5) develop
the students' skills in drafting, editing, and finalizing research papers.

II. GRADING SYSTEM

20% - Recitation/Quizzes
40% - Research Exercises
20% - Midterm Paper
20% - Finals Paper

III. CLASS POLICIES

To be discussed during class.

IV. SYLLABUS

1. SYSTEMS OF LAW

(a) Common Law

(b) Civil Law
(c) Philippine system

- In re: Max Shoop, 41 Phil 213, 29 November 1920 (study:

hierarchy of authorities; why did the Supreme Court discuss the
systems of law?)

2. INTRODUCTION

a. What is Legal Research?

b. What is its difference with other research disciplines?

- In the Matter of the Charges of Plagiarism, etc. against

Associate Justice Mariano C. del Castillo, AM. No.10-7-17-
SC. 12 October 2010; Resolution dated 08 February 2011.

c. Why is it important?
d. Nature of a lawyer's job: to know the law and to keep ourselves updated of
any and all developments.

3. UNIFORM SYSTEM OF CITATION

a. Ateneo Law Journal Legal Citation Guide (2020 Edition, available at

http://bit.ly/legalcitationguide)

b. Ateneo Law School’s Plagiarism Policies and Disciplinary Procedures

4. CLASSES OF LEGAL RESEARCH MATERIALS

(a) As to source:
Primary
Secondary

(b) As to reliability:
Official
Unofficial

5. LEGAL RESEARCH PROCESS

a. Legal Research Process

FIRST: Interview Senior Lawyer/Clients to identify and analyze the

significant facts and issues;

SECOND: Use secondary sources to find overviews of law, legal terms,

& primary law;

THIRD: Review primary law. Search databases to find additional

primary law;

FOURTH: ALWAYS update primary law.

b. Development of Research Plan

(a) Issue Spotting – determine who, what, when, where, why, and how?
- What is the question sought to be answered? Formulation of a draft
answer (If you already know the answer, how will you phrase it?)
- Who are the parties?
- What happened? When? Where?
- According to the parties, why and how did they take the actions they
took?

(b) Development of a list of Key Terms to use when conducting searches

during your legal research. To develop Key Terms, consider using:
- A dictionary/thesaurus
- A website
- Senior attorneys/peers
- Brainstorm search terms – make a list of every term that might be
related to your legal issue

(c) Determine what law applies? Ask yourself, in general terms:

- Which type of primary law governs: constitution, international law,
statute, case law, administrative law? A combination of all three?
- Civil or criminal?
- Applicable law?

(d) Use Secondary Sources to learn about the issues and get references to
Primary Sources. Secondary Sources:
- Provide overviews of an area of the law – help you to identify Key
Terms and issues.
- Include many citations to Primary Sources.
 - Save you time by helping you to focus your research.

(e) Research on the Primary Source.

- Properly cite primary sources, including pinpoint citation.

(f) Update the law you are relying on. Once you find relevant Primary
Source, make sure the law you are relying on is still good law.

(g) Each research question has a different starting point, process, and
conclusion. Every research project include false starts, dead ends, and
revisions. Legal research is never finished, but the experienced
researcher recognizes when to stop.

6. PRIMARY SOURCES

(A) Constitution

Basis: Article 7, Civil Code

1. Provisions of the Constitution, by itself, are sources of law.

In re: Cunanan, 94 Phil. 534 (1954) (Bar Flunkers Act)
2. Self-Executing and Non Self-Executing Provisions of the Constitution
Gamboa vs. Teves, G.R. No. 176579, June 28, 2011

(B) Treaties and International Agreements

Basis: Section 2, Article II of the 1987 Philippine Constitution

1. Pharmaceutical and Healthcare Association of the Philippines v.

Duque, G.R. No. 173034. October 9, 2007

(C) Statutes

Effectivity
- Civil Code, Art. 2
- Publication before effectivity
Tañada vs. Tuvera, G.R. No. L-63915, 29 December 1986
(Importance of publication)

Other Principles
- Civil Code, Art. 3
- Civil Code, Art. 4
- Civil Code, Art. 7
- Chapters 5 & 6. Book I, Executive Order No. 292. as amended.
otherwise known as the Administrative Code of 1987.
- Tawang Multipurpose Cooperative vs. La Trinidad Water
District, G.R. No. 166471, 22 March 2011 (Constitution is deemed
written in every statute or contract)

(D) Case Law or Jurisprudence

Article 8, Civil Code

- Re: Resolution Granting Automatic Permanent Total Disability
Benefits to Heirs of Justices and Judges Who Die in Actual
 Service, A. M No. 02-12-01-SC, November 24, 2004. (Nature of
Judicial Decisions)

- Floresca v. Philex Mining Company, 135 SCRA 141 (1985).

(Nature of Judicial Decisions)

- Columbia Pictures. Inc. et al, v. Court of Appeals, 329 Phil 875

(1996). (Retroactivity of Decisions)

- Fermin v. People, G.R. No. 157643, 28 March 2008. (Effect of a

final and executory Court of Appeals Decision vis-a-vis principle of
stare decisis)

- Rommel Jacinto Dantes Silverio vs. Republic of the Phil., G.R.

No. 174689, October 19. 2007 (with Article 9 on silence or obscurity
of the law)

- Reyes v. Lim, G.R. No. 134241, 11 August 2003 (with Article 9 on

silence or obscurity of the law, compare with Silverio vs.
Republic)

Decisions

- Sections 1 and 14, Article VIII of the 1987 Constitution

- Re: Subpoena Duces Tecum of Acting Director Aleu A.
Amante. PIAB-C, Office of the Ombudsman, AM. No. 10-1-13-
SC. March 2. 2010 (Distinction of manner of making Decisions
between the 1973 and 1986 Constitutions)

Opinion versus Decision (Dispositive Portion)

- Del Rosario v. Ilacad v. Court of Appeals, G.R. No. L-24435, 26

August 1977 (What is the dispositive portion?)

Minute Resolutions (Rules of Court)

- Phil. Health Care Providers, Inc. v. Commissioner of Internal

Revenue, G.R. No. 167330, 18 September 2009. (Stare decisis for
minute resolutions)
- Diaz v. Republic of the Philippines, G.R. No. 181502, 02
February 2010 (What are minute resolutions?)

Majority decision

Dissenting opinion

Concurring opinion

Separate opinion

Per curiam decision

- Ramos v. Central Bank of the Philippines, G.R. No. L-29352, 19

February 1986 (See Separate Opinion re: definition of per curiam
 decision)

Ponente (versus ponencia)

Stare Decisis

- Pepsi Cola Products (Phils.), Inc. v. Efren Espiritu, et al, G.R.

No. 150394, 26 June 2007 (when is the principle of stare decisis
squarely applicable)

Ratio decidendi (versus result or fallo)

- Suntay v. Cojuangco-Suntay, G.R. No. 132524, 29 December

1998.

Law of the case

- People of the Philippines v. Olarte, G.R. No. L-22465, 28

February 1967 (Definition of the "law of the case")
- Ayala Corporation v. Rosa-Diana Realty, G.R. No. 134284, 01
December 2000 (Distinction between "law of the case", "stare
decisis", and "obiter dicta")

Res judicata
- DBP v. Court of Appeals, G.R. No. 110203, May 9, 2001
(Requisites for the applicability of the principle of res judicata)

Obiter dicta
- Villanueva v. Court of Appeals, G.R. No. 142947, 19 March 2002
(Definition of an obiter dictum)

Question of Fact versus Question of Law

- Pagsibigan vs. People, G.R. No. 163868, 04 June 2009
(Distinguish between question of fact and question of law)

(E) Local Ordinances and Resolutions

Section 1 and 2, Article X of the 1987 Constitution

- City of Manila v. Laguio, G.R. No. 118127, 12 April 2005

Validity

- White Light Corp. vs. City of Manila, G.R. No. 122846, 20

January 2009.

(F) Administrative Issuances, Rules and Regulations

- Victorias Milling Co. Inc. v. Social Security Commission, 4

SCRA 627 (1962)
- National Federation of Sugar Workers v. Ovejera, 114 SCRA
354 (1982)
- People v. Maceren, G.R. No. L-32166, October 18. 1977 (Nature
and effect of administrative issuances)
 - Soriano v. Laguardia, G.R. No. 164785, April 29, 2009

Publication Requirement

- Book VII, Chapter 2, Section 3, Executive Order No. 292, as

amended, otherwise known as the Administrative Code of 1987
- Philippine Association of Service Exporters. Inc. v. Torres,
G.R. No. 98472, August 19. 1993

(G) Others

Chapters 1 and 2, Book III, Executive Order No. 292, as amended, otherwise
known as the Administrative Code of 1987 (Distinguish the following:)

Letters of Instruction

Executive Order

Memorandum Circular

Memorandum Order

Department Order

Administrative Order

General or Special Orders

(H) Custom

- Ocampo v. Ocampo, G.R. No. 150707, April 14, 2004

- Yao Kee. e al. v. Sy-Gonzales, G.R. No 55960, 24 November
1988

7. WRITING EXERCISES, QUIZZES, RECITATION, AND FINAL PAPERS