LEGAL WRITING AND RESEARCH

Philippine Christian University

June 18 2023, 2:00-4:00pm
FINAL EXAMINATION

JOSELLE M. CORTEZ

Primary authority is issued by a branch of government acting in its lawmaking capacity.

These authorities emanate from the judiciary, the legislature, and administrative agencies. The
judiciary decides cases based on disputes between litigants. When a court decides a case, it
creates precedent. The reasoning in a decided case will be followed, as a general rule, in the
resolution of similar disputes.1
Congress and local legislative councils (sanggunians) at various local government units
write statutes and ordinances respectively. Administrative agencies generate law in two ways.
They may issue decisions in settling disputes when acting in their quasi-judicial functions. They
also promulgate regulations (which resemble statutes) usually to implement statutes. 2
Secondary authority is created by lawyers, scholars, nongovernmental bodies, or
government officials who are not acting in their lawmaking capacity. 3 These are usually
commentaries that explain how the law came to be, and contain analyses or critiques of the law. 4
Examples of secondary authorities are encyclopedias, treatises, and periodical articles. 5 They also
provide citations to primary sources of law and to other secondary materials. Unlike primary
authority, however, the secondary sources do not supply binding law, and are persuasive
authority only.6
Mandatory authority is whatever the court must rely on in reaching its conclusion. Only
primary authority, such as another court opinion, a statute, or a constitutional provision can be
mandatory authority. A court is never required to rely on secondary authority, such as a law
review article or legal encyclopedia. Secondary authority cannot be mandatory authority. 7

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1 Christina L. Kunz et al., The Process of Legal Research 7-8 (6th ed. 2004).
2 Id.
3 Id.
4 Id.
5 Id.
6 Helene S. Shapo et al., Writing and Analysis in the Law (Rev. 4th ed., 2003).
7 William P. Statsky, Introduction to Paralegalism: Perspectives, Problems, and Skills 486 (7th ed. 2009).
 Persuasive authority is what the court relies on when it is not required to do so. There are
two kinds of persuasive authority: 1) a prior court opinion that the court is not required to follow
but does so because it finds the opinion persuasive; 2) any secondary authority that the court is
not required to follow but does so because it finds the secondary authority persuasive.8

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8 Id.
POSITION PAPER

RE: Whether or not the Philippine state should grant the US request to bring into the Philippines
50,000 Afghans fleeing their country.

The country may have difficulty in hosting the 50,000 Afghans but it is in our nature to
always have an open arm in welcoming people in need of temporary shelters. The Philippines in
its history is a home for the refugees. We sympathize to those who do not know where to seek
help in cases of war because we, the Filipino have experienced those things.

According to The Philippine Immigration Act of 1940, under the Special provision:

Section 47. Notwithstanding the provisions of this Act, the President is authorized:

(a) When the public interest so warrants:

(2) To admit, as nonimmigrants, aliens not otherwise provided for by this Act,
who are coming for temporary period only, under such conditions as he may prescribe.
xxx xxx xxx

(b) For humanitarian reasons, and when not opposed to the public interest, to admit aliens
who are refugees for religious, political, or racial reasons, in such classes of cases and under such
conditions as he may prescribe.

According to our history, some of the former presidents allowed entry of temporary
refugees in our country, for instance are former President Rodrigo Duterte told the United
Nations General Assembly in 2021 that despite its limited resources, the Philippines was ready to
accept Rohingya people fleeing the military dictatorship in Myanmar; former President Joseph
Estrada granted asylum to some 600 East Timorese during that country’s struggle for
independence from Indonesia1

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1 https://newsinfo.inquirer.net/1789677/dfa-mishandling-afghan-refugee-issue-senator
On December 23, 2019, the Philippines joins the Global Refugee Forum in Palais Des Nations,
Geneva, Switzerland and pledges its commitment2, to wit:

“The Philippines has a long history of taking in refugees no questions asked, stretching back to
1920s with the first White Russians fleeing the Red Revolution in Russia, on to Jews fleeing
the Europe-wide Holocaust; then Spanish Republicans fleeing the Fascist victory in the
Spanish Civil War; then Chinese Nationalists, along with more White Russians fleeing the
Red victory in China. This was followed by waves of Vietnamese fleeing the American
debacle in Vietnam, then Iranians fleeing the chaotic fall of the corrupt Shah in Iran, followed
by more Cambodians fleeing the Communist killings fields of their country. Most recently the
offer to take in Rohingya fleeing Rakhine state in Myanmar made by two successive
administrations. The Philippines continues to uphold this humanitarian tradition through
support for international efforts, including our work on the Global Compact on Refugees
(GCR) and participation in this first Global Refugee Forum.

With the support of UNHCR, with which we work closely, our network of partners in refugee
protection has expanded enormously since the Government took full responsibility over
asylum and protection mechanisms in the country in 1998. Nonetheless, the Philippines
acknowledges that there is still a lot that can be done to support the plight of asylum seekers
and refugees.

With this, the Philippines expresses its commitment to achieve the following:

In terms of protecting refugees, we will further enhance our policy, legal, and operational
framework for refugees to ensure their full access to rights as guaranteed by the 1951
Convention, including their naturalization and other rights as may be provided by national
laws

In terms of responsibility-sharing, we will contribute more to humanitarian funding for

refugee response;

In terms of solutions, the Philippines will continue implementing the emergency transit
mechanism (ETM) in cooperation with the UNHCR and the International Organization for
Migration (IOM). The Philippines will explore complementary pathways for admitting
refugees with the support of the Complementary Pathways Initiative; and lastly,

In terms of jobs and livelihoods, we will strengthen public-private partnerships for skills and
livelihood training for refugees in country.

With the rest of the civilized world the Philippines shares its unwavering commitment to attain
a world that respects the rights of every individual with or without a country because we are
all citizens of humanity.”

With the solidarity of our commitment to the UNHR, we cannot simply refuse the entry of
the refugees. What we need to do is to prepare for the security of our country and for our
resources to be enough to handle such numbers of Aghans that will enter in our country.
__________________________
2 https://www.unhcr.org/ph/17185-grf19-ph.html
 Since the first numbers of refugees came sometime in 2021, the former President Duterte
already ordered the DOJ to coordinate with the Office of the High Commissioner for Refugees to
find out how the country could help.3 Under the reports from Benjamin Pulta/PNA, Mr. Guevarra
in his statement said: “Right now, we have admitted only a handful (Afghan nationals), but they
are here only for temporary shelter until they are permanently resettled elsewhere. The Afghan
nationals who are here are slated for resettlement in another country. So, they need not apply for
refugee status in the Philippines”4

To secure the safety of our country, the requirements to allow refugees must tightly be
implemented and the resources of basic needs shall be provided with the help of the other
country who pledges with the UNHR.

The country should not view the refugees as US spies or suicidal bombers, but to always
remember that they are victims of war that cannot have the freedom to go to school or to work
anymore.

Our constitution also provides that No law shall be made respecting an establishment of
religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious
profession and worship, without discrimination or preference, shall forever be allowed. No
religious test shall be required for the exercise of civil or political rights.5

Having a Muslim refugees cannot be a prejudice to not let them in our country. We cannot
exercise our political rights to suppress the Muslim people in the country to reunite with the
Muslim refugees who have the same religious belief. The country must respect the customs and
moral conduct of our people.

In conclusion, the law in our country is established for the betterment of Filipinos, the
legislative provided laws that seeks to promote good morals, good customs, public policy and
public order. With the help of the UNHR, we can provide with the needs of the
Afghans refugees and we can also be secured from harm by strictly following our own law.

With this, I pray to allow refugees to enter our country with strict order to follow the
requirements provided in the Philippine Immigration Act, and to properly seek for the help of
other countries affiliated with the UNHR to provide us the necessary funds for the temporary
settlement of the Afghans.

Thank you.

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3https://www.pna.gov.ph/articles/1154298?__cf_chl_tk=vgOgTMMUCbuT232l18JNKpLJdWCJ8KI4L5JNozLK7cM-
1687076651-0-gaNycGzNDXs
4 Id.
5 Sec. 5, Article 3, The 1987 Constitution
Why you should be admitted to the Philippine Bar.

The lawyer’s Oath, for the question of why should I be a member of the bar, is my
answer itself.
“I, do solemnly swear. That I will maintain allegiance to the Republic of the Philippines, I will
support the Constitution and obey the laws as well as the legal orders of the duly constituted
authorities therein; I will do no falsehood, nor consent to the doing of any in court; I will not
wittingly or willingly promote or sue any groundless, false or unlawful suit, or give aid nor
consent to the same; I will delay no man for money or malice, And will conduct myself as a
lawyer according to the best of my knowledge and discretion, With all good fidelity as well to
the courts as to my clients; And I impose upon myself these voluntary obligations without any
mental reservation or purpose of evasion. So help me God.”
I will maintain allegiance to the Republic of the Philippines
According to oxford dictionary allegiance means loyalty or commitment of
a subordinate to a superior or of an individual to a group or cause.
The loyalty I have towards our country is not because I am born as a Filipino, but because
I have the heart to be a Filipino. Filipinos flew outside the country to provide for their families,
and some tend to abandon their nationality to be a nationalized citizen of another country. As a
Filipino, who also want to provide for my family, I have strongly promised myself to stay as
Filipino and to do so, I should be a member of the bar and tie myself in a profession that cannot
be used outside the Philippines.
I will support the Constitution and obey the laws as well as the legal orders of the duly
constituted authorities therein
Under the Code of Professional Responsibility, CANON 10 - A LAWYER OWES
CANDOR, FAIRNESS AND GOOD FAITH TO THE COURT. Rule 10.03 - A lawyer shall
observe the rules of procedure and shall not misuse them to defeat the ends of justice.
I will support the Constitution by obeying the laws as well as the legal orders of the
Court. I will not twist the interpretation of the laws and I will not misuse them to defeat the ends
of justice.
I will do no falsehood, nor consent to the doing of any in court

To all lawyers, honesty and trustworthiness have the highest value. In Young v.
Batuegas,1 we explained:

A lawyer must be a disciple of truth. He swore upon his admission to the Bar that he will "do
no falsehood nor consent to the doing of any in court" and he shall "conduct himself as a
lawyer according to the best of his knowledge and discretion with all good fidelity as well to
the courts
____________________________________________

1 451 Phil. 155, 161-162 (2003), quoted in De Leon v. Atty. Castelo, 654 Phil. 224, 232 (2011).
 as to his clients." He should bear in mind that as an officer of the court his high vocation is to
correctly inform the court upon the law and the facts of the case and to aid it in doing justice
and arriving at correct conclusion. The courts, on the other hand, are entitled to expect only
complete honesty from lawyers appearing and pleading before them. While a lawyer has the
solemn duty to defend his client's rights and is expected to display the utmost zeal in defense
of his client's cause, his conduct must never be at the expense of truth.

Not only the law but also the Bible detest the falsehood in the word spoken by people who
lie. In Proverbs 6:16-19 “There are six things that the Lord hates, seven that are detestable to
him: haughty eyes, a lying tongue, and hands that shed innocent blood, a heart that devises
wicked schemes, feet that are quick to rush to evil, a false witness who pours out lies and a
person who stirs up conflict in the community.” (NIV)

As a person who wants to be a member of the bar and who believes in the words of God, I
promise that I will not do any falsehood, nor consent to the doing of any court.

I will delay no man for money or malice

According to Decision in Julian v. Atty. Alcid, Jr.2: “[e]very case a lawyer accepts
deserves his full attention, skill and competence, regardless of its importance and whether he
accepts it for a fee or for free. Rule 18.03 of the Code of Professional Responsibility enjoins a
lawyer not to ‘neglect a legal matter entrusted to him, and his negligence in connection therewith
shall render him liable.’ He must constantly keep in mind that his actions or omissions or
nonfeasance would be binding upon his client. He is expected to be acquainted with the
rudiments of law and legal procedure, and a client who deals with him has the right to expect not
just a good amount of professional learning and competence but also a whole-hearted fealty to
the client’s cause.”3

I promise to do my duty in any case that I will handle. This profession is not for profit but
to serve justice to the victims, hence it is a privilege and not a right to be a lawyer.
“I can, therefore I am”, quoted is by Simone Weil, a French Philosopher. I cited this quote
because I am confident that what I presented you is what I will do and what I truly am as person,
a daughter, a Filipino citizen and a future lawyer. Also, as same as Philosopher Simone Weil, I
have persistent desire for truth and justice which leads me to become a lawyer and her who
became a philosopher.

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2 A.C. No. 9149. September 04, 2013, JULIAN PENILLA vs. ATTY. QUINTIN P. ALCID, JR.
3 Agpalo, Ruben E., LEGAL AND JUDICIAL ETHICS, Seventh Edition (2002), p. 209, citing Santiago v. Fojas, Adm. Case
No.4103, September 7, 1995, 248 SCRA 69, 75-76 & Torres v. Orden, A.C. No. 4646, April 6, 2000, 330 SCRA 1, 5.