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Legal Research |1

RESEARCH  It is enough for the Executive


It is an activity designed to provide answers Department or the President’s
to day-to-day questions. Even simple action that bind the Philippines as
questions that relate to day-to-day activities. a partner to the agreement
 Re means a new or over again and
 Judicial Decisions
search is to examine.
 Are the decisions of the Supeme
 To examine or to investigate again
Court
LEGAL RESEARCH  [en banc decision] where 15
It is the process of identifying and retrieving Justices will decide and not by
information, precedence, statutes, division
regulations, and legal principles relevant  Art 8 of the Civil Code provides
to a specific legal issue or question. that judicial decisions applying to
or interpreting the laws or the
It is also a method to determine the steps Constitution shall form a part of
required to answer a legal query. Then, we the legal system [Jurisprudence]
follow the process to collect relevant data to of the Philippines'. Only
answer the question. decisions of its Supreme Court
IMPORTANCE OF LEGAL RESEARCH [en banc] establish jurisprudence
and are binding on all other
 It will help to focus on the facts of courts.
the case SUPREME COURT
 Filter non-relevant facts of the case The Supreme Court is made up of 15
 Prepare arguments to use in court Justices [ 1 Chief Justice, 14 Assistant Chief
Justices]. On regular day they are divided to
MAIN SOURCES OF LAW 3 divisions consisting of 5 each.
PRIMARY SOURCES OF LEGAL
 Constitution RESEARCH
 Supreme law of the land  Regulations
 Statutes
 Statutes  Constitutions
 Is a written law passed by  Administrative decisions/laws
legislative - They are made by administrative
 Made by Congress in the exercise agencies under the executive
of their legislative function department laws
 RA. NO 9262 VAWC
 Case Law
 Is the decision made by courts
 Treaties including Appellate Courts to
 An agreement made by the state provide interpretation and
 requires ratification with the application of laws.
approval of the 2/3 of all
members of the Senate is PROCESS OF LAW
required The legislative department will create a law
 The law provides only the Senate and it will be passed to the executive
will ratify department for them to execute. In order to
properly execute the said law the executive
 Executive Agreement department will then need a guideline which
 Binding through executive action is Implementing Rules and Regulations
 It is without the need of the vote (IRR)
of the Senate or the Congress

Ysabelle Beatrize Aggabao| bslm 2a


Legal Research |2

SECONDARY SOURCES OF LEGAL


RESEARCH
 Practice Guidance
 Treaties
 Legal Articles
 Law Journals

Ysabelle Beatrize Aggabao| bslm 2a

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