PRIMARY AND

SECONDARY
AUTHORITIES

Presented by: Joselle M. Cortez

AUTHORITIES
◦ Typically associated with LEGAL SOURCES.
◦ “Authority is that which may be cited in support of an action, theory or hypothesis.”
◦ A learned treatise or an article in a law review, not because it is authoritative, but
because it is a repository of genuine wisdom, experience, or information.
◦ Constrains the decision-makers’ options when adjudicating disputes.
◦ This refers to the nature of the subject treated in books. This classification categorizes
books as: a) Statute Law Books, b) Case Law Books or Law Reports, c) a combination
of both and d) “Law Finders.”
PRIMARY AUTHORITY
◦ Any law that the court can rely on in making its decision.

◦ The only authority that is binding on the courts.

◦ It is issued by a branch of government acting in its lawmaking capacity: (ACTUAL

LAW)
◦ Judiciary
◦ Legislature
◦ Executive
◦ Subdivided into:
◦ Mandatory primary authority - law created by the jurisdiction in which the law
operates
◦ Persuasive mandatory authority - law created by other jurisdictions, but which have
persuasive value to our courts

◦ For Republic Acts and other legislative enactments or statutes, the primary sources are
the Official Gazette published by the National Printing Office and the Laws and
Resolutions published by Congress (Official Gazette online)

◦ For Supreme Court decisions, the primary sources are the Philippine Reports (
The Supreme Court E-Library)
SECONDARY AUTHORITY
◦ Secondary authority is any non-law source that the court can rely on in reaching its
conclusions.

◦ Do not supply binding law, and are persuasive authority only.

◦ Unofficial sources and generally refer to those commercially published or those that
are not published by government agencies or instrumentalities.

◦ In the absence of a primary source, the secondary source may be cited.

◦ These materials are not binding on courts, but they have persuasive effect and/or the
degree of persuasiveness.

◦ Created by lawyers, scholars, nongovernmental bodies, or government officials who

are not acting in their lawmaking capacity.
◦ commentaries , analyses or critiques of the law.
◦ citations to primary sources of law and to other secondary materials.
◦ opinions of the Department of Justice, Securities and Exchange Commission or
circulars of the Bangko Sentral ng Pilipinas.