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Rowena B.

Gallego Reviewer
Source: Legal Research by Rufus Rodriguez Page 1 of 25

LEGAL RESEARCH

Chapter 1
INTRODUCTION TO LEGAL RESEARCH

A. Legal Research, Defined

It is the process of finding the laws, rules and regulations that govern activities in human society. It
involves locating both the laws and rules which are enforced by the State and the commentaries which
explain or analyze these rules.

Legal Research is also defined as the investigation for information necessary to support legal decision
making. Legal Research includes each step of a process that begins with analyzing the facts of a problem
and concludes with applying and communicating the results of the investigation.

B. The Need for Legal Research

In order to provide a competent representation which requires the legal knowledge, skill,
thoroughness and preparation reasonably necessary for the representation.
To uphold the standards of the legal profession
In order to become a competent practitioner

In order to conduct legal research effectively, a lawyer should have:

a working knowledge of the nature of legal rules and legal institutions
the fundamental tools of legal research, and
the process of devising and implementing a coherent and effective research design

C. Sources of Legal Research

Legal research involves the use of a variety of printed and electronic sources.
Printed sources:
Constitution
Statutes
Court decisions
Administrative rules
Scholarly commentaries
Computer databases containing these and other materials have dramatically changed the nature of
legal research and improved its effectiveness.

D. Sources of Law - Three broad categories:

1. Primary Sources - those recorded laws and rules which will be enforced by the State (pure laws)
- First major primary sources
- legislative actions
- codes
- statutes
- Second major category - judicial decisions
- Supreme Court
- Court of Appeals
- Trial Courts (RTC, MTC, MCTC)
- Third primary source
- administrative law, or the regulations and decisions of government agencies
- state agencies promulgate regulations governing behavior within their areas of expertise
- agencies also act in quasi-judicial capacity by conducting hearings and issuing decisions to
resolve particular disputes
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2. Secondary Materials (commentaries and annotations) vary widely in purpose and quality, ranging
from authoritative treaties by great academic scholars to superficial tracts by hack writers. It can help
analyze a problem and provide research references to both primary sources and other secondary
materials

- Publications which are not primary authority but which discuss or analyze legal doctrine are
considered secondary materials:
- Treatises
- Commentaries
- Encyclopedias
- Most influential legal writings
- academic journals (law reviewers of law schools)
- IBP journals and Lawyers Review
- secondary materials through the use of:
- law library catalog
- legal periodical indexes
- other bibliographic aids
- commentaries from the primary sources

3. Finding Tools search materials to locate legal sources; means of locating primary sources

- SCRA Quick Index-Digests
- PHILJURIS & LEX LIBRIS computer based legal research systems, provide the capability to
search for cases and other documents by using practically any word or combination of words.

Chapter 2
THE LEGAL RESEARCH PROCESS

A. Systematic Approach to Legal Research - basic steps are recommended:

1. Identify and Analyze the Significant Facts begins with compiling a descriptive statement of
legally significant facts. The TARP Rule is a useful technique to analyze your facts according to
the following factors:

T Thing or subject matter
A Cause of Action or group of defense
R Relief sought
P Persons or parties involved

2. Formulate the Legal Issues to be Researched - this is the initial intellectual activity that
presumes some knowledge of the substantive law. The goal is to classify or categorize the
problem into general, and increasingly specific, subject areas and to begin to hypothesize legal
issues.

- Consult general secondary sources for an overview of all relevant subject areas, this can
be used to provide background information to help formulate issues; they are tools NOT the
objects of research
- Statement of the issues should be arranged in a logical pattern to form an outline

3. Research the Issues Presented begin to research the issue
a. Organize and Plan write down all sources to be searched under each issue to be
researched, even if sources are repeated
b. Identify, Read and Update All Relevant Constitutional Provisions, Statutes and
Administrative Regulations these primary sources can be identified in several ways:
- Statutory Compilations tables of contents and indexes that list the subject and
topics covered by the statutes
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- Computer-Assisted Legal Research
- PHILJURIS and LEX LIBRIS
- Secondary Sources treaties and commentaries and law review articles, commonly
cite relevant constitutional provisions, statues, and administrative regulations

c. Identify, Read and Update All Relevant Case Law note its full citation, the ponente,
date of decision, relevant facts, the holding, summary of the courts reasoning, and the
sources cited by the Court

d. Refine the Search expand your arguments

4. Update consult the PHILJURIS or LEX LIBRIS to determine whether the authorities have been
interpreted or altered in any way, or whether new cases, statutes or regulations have been
published; law changes constantly; our Congress passes new statutes and modify old ones; our
Supreme Court either refines the law or reaffirms the law or even changes the interpretation of
the law.

Chapter 3
FUNDAMENTAL RESEARCH SKILL: CASE BRIEFING
AND SYTHESIS OF CASES

A. Case Briefing process of digesting or the condensation of a reported case. There is no one
correct form for a case brief since it is a document that is created to meet the students needs. The
typical components of a case brief are:

1. Facts describe the events between the parties leading to the litigation and tell how the case
before the court that is now deciding it. Include those facts that are relevant to the issue the
court must decide and to the reasons for it decision. You will not know which facts are
relevant until you know what the issue or issues are.
State the plaintiff ad defendant
Basis for plaintiffs suit
Plaintiffs relief
Include the ruling of the Lower Court and Court of Appeals

2. Issue(s) question that the court must decide to resolve the dispute between the parties in
the case before it.
Identify the rule of law that governs the dispute and ask how it should apply to those facts

3. Ruling courts decision on the question that is actually before it, but if they do not relate to
the question actually before it, they are dicta or dictum (expression of opinion or a point
other than the precise issue involved in determining a case).
* provides the answer to the question asked in the issues
* supported by courts reasoning explaining and supporting the courts decision

B. Synthesizing Cases process of relating the cases to each other. By this process, we can
understand the applicable area of law and then use the synthesis to analyze the proble

1. Understand the applicable area of law
2. Use the synthesis to analyze the problem
3. Synthesizing is the step between your research and your writing







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Chapter 4
STATUTORY LAW

STATUTORY LAW consists mainly of the following:

1. The 1987 Constitution
2. Treaties and International Agreements
3. Statues enacted by Legislature
4. Administrative Rules and Regulations
5. Ordinances enacted by Autonomous Region
6. Ordinances enacted by Local Government Units

1. THE PHILIPPINE CONSTITUTION law and law of the highest authoritativeness and obligation. As
supreme law of the land, it is the ultimate authority to which reference must be made to determine
the validity of national laws, administrative regulations, local ordinances and executive actions.
a. Spanish Period
- Leyes Constitucionales de Espana
- Derecho Parliamentario Espanol (3 volumes)
- Ponce, Efemerides Filipinas
- Prologue, Filipinas en las Cortes

b. The Treaty of Paris
- Official Gazette, Vol. 1 (Appendix)
- U.S. Statutes at Large, Vol. 30
- Public Laws (Philippine Commission and Philippine Legislative)
- Acts of Congress and Treaties Pertaining to the Philippine Islands

c. The Malolos Constitution of 1899
- Heraldo de la Revolucion
- La Revolucion Filipina (Apolinario Mabini, published by Bureau of Printing in 2 vols.)
- Reports of the Philippine Commission to the President (Govt Printing Office, 4 vols.)
- Mis Memorias Sobre La Revolucion (Calderon)
- La Constitucion de Malolos (Kalaw)
- Archivo del Bibliofilo Filipino (Retana)
- Documentos para la Historia de Filipinas (Calderon)
- Planes Constitutionales para Filipnas (Kalaw)
- Resena Veridica de la Revolucion (Aguinaldo)
- Philippine Constitutional Law (Malcolm)
- The Philippine Islands (Blair and Robertson)

d. The American Period
a. Organic Laws
- Pres. McKinleyss Instructions of April 7, 1900
- Official Gazette (Vol. 1 Preliminary Number)
- Public Laws (Philippine Commission, Vol. 1)
- Reports to the Philippines Commission to the President (Vol. 1)
- The Spooner Amendment of March 2, 1901
- U.S. Statues at Large Vol. 31
- The Philippine Bill of 1902
- U.S. Statutes at Large Vol. 32
- U.S. Code Titles 2 and 48
- The Philippine Autonomy Act of 1916
- U.S. Statutes at Large Vol. 39
- U.S. Code Titles 2, 39 and 48

b. The Commonwealth Period
- The Tydings-McDuffie Law of 1934
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- U.S. Statutes at Large Vol. 48
- U.S. Code Title 48
- Discussed in the Philippine Charter of Liberty by Osias and Baradi
- The 1935 Philippine Constitution
- Public Laws of the Philippines (Vol. 30 Appendix)
- Official Gazette Vol. 34
- Messages of the President Vol. 1 revised edition (1936)
- Proceedings of the Constitutional Convention of 1935 by Sen. Jose P. Laurel (7 vols.)
- Journal of the 1935 Constitutional Convention (3 vols.)
- Journal of the Constitutional Convention of the Philippines (7 volumes)
- Framing of the Philippine Constitution - 2 vols.
- Constitutional Convention Records (11 vols.)
- Secondary sources:
- Philippine Constitutional Law (Malcolm and Laurel, Lawyers Cooperative
Publishing Co., Manila, 1936)
- Constitution of the Philippines (Tanada and Fernando, 1952)
- Philippine Constitutional Law (Martin, Rev. Ed., Philaw Publishing, Manila, 1954)
- Constitutional History (Francisco, East Publication, Manila, 1956)
- Political Law of the Philippines (Tanada and Carreon, 1956)
- Philippine Constitutional Law (Sinco, Community Publishing, Manila, 2
nd
Ed.,
1960)
- Philippine Annotated Laws (The Lawyers Cooperative Publishing Co., 1956)

e. The Japanese Period (1943 Constitution)
- Official Gazette (Vol. 2 Special Number 9-A)

f. Period After Philippine Independence in 1946
a. Martial Law Declaration
b. The 1973 Constitution
- Official Gazette (Vol. 68, No. 50; Vol. 69 No. 4)
- Constitutional Convention Archives U.P. Law Library
- From McKinleys Instruction to the Constitution: Documents on the Philippine
Constitutional System, Central Book Supply, Inc., Manila, 1978
- Secondary sources
- Constitution of the Philippines (Fernando, Central Book Supply, Inc., 1973 Ed.)
- Philippine Constitutional Law (Gonzales, 4
th
Ed., Rex Book Store, Manila, 1975)
c. The Amendments to the 1973 Constitution
d. The Provisional Constitution of 1986 Freedom Constitution
- Vital Legal Documents in the New Peoples Government Central Book Supply, Inc.
- Constitutionalism in the Philippines, 1997 (Rufus Rodriguez)
e. The 1987 Constitution
- Official Gazette
- The New Constitution of the Philippines (Noledo)
- Constitutionalism in the Philippines (R. Rodriguez)
- Record of the Philippine Constitutional Commission (5 vols.) and its 3-vol. Journals
- Secondary sources
- The 1987 Constitution of the Philippines with Comments and Cases
- The Aquino Presidency and the Constitution
- The Constitution of the Republic of the Philippines A Commentary 1996
- Textbook on the New Philippine Constitution, 1999
- Constitutional Law
- Human Rights: An Introduction Course
- Constitutional Law, Text and Cases
- Principles, Comments and Cases in Constitutional Law


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2. TREATIES AND INTERNATIONAL AGREEMENTS a compact made between two or more
independent nations with a view to the public welfare
- Official Gazette
- Treaty Series
- Acts of Congress and Treaties Pertaining to the Philippine Islands
- Philippine Treaty Series
- Philippine Treaties Index
- The Lawyers Review, International La Documents
- Law of the Sea
- Philippine Yearbook of International Laws Vols. IX to XV
- Documents in Contemporary International Law 2 vols.
- Vital ASEAN Documents
- The Ocean Law and Policy Series
- Philippine Trade and Economic Agreements
- World Bulletin
- Secondary materials
- Cases and Materials on International Law
- Public International Law 1974
- International Law 1998 Ed. (Coquia Jr. and Santiago)
- International Law 1998 Ed. (Cruz, I.A.)
- International Law, with Philippine Cases and Materials and Asean Instruments 1999 Ed.

3. STATUTES ENACTED BY THE LEGISLATURE
a. Legislation in General is the formal enactment of laws by competent authority and in the proper
manner
1. Constitutional Provisions
2. Types of Legislation
3. Form of Statutes
4. The Enactment of Statutes
5. The Construction of Statutes
b. History of Philippine Legislation
1. Pre-Spanish Period
2. Spanish Period
a. Spanish Laws Made Applicable to the Philippines
1. The system of law in Spain and its antecedents
a. The Code of Euric and the Brevarium of Alaric
b. Fuero Juzgo
c. Fuero Real
d. Las Siete Partidas
e. Leyes de ToroNueva Recopilacion
f. Novisima Recopilacion
2. Modern Spanish Codes
a. Codigo de Comercio of 1885
b. Codigo Penal of 1870
c. The Codes of Civil and Criminal Procedure
d. Codigo Civil of 1889
b. Laws Specially Enacted for the Colonies
1. Legislation for the Colonies
2. First Collection of Laws Relating to the Colonies
3. Compilation of Laws Initiated by the Council
4. The Codigo Ovandino
5. General Compilation by Aguilar y Acuna and Pinelo
6. The recopilacion de Leyes de los reynos de Indias
7. Compilations Subsequent to the Recopilacion
c. Evaluation of the Laws in the Philippines During the Spanish Period


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d. Materials on the Spanish Laws
1. Primary Materials
a. Boletin Oficial
b. Gaceta de Manila
c. Archivo de Bibliofilo Filipino (5-vol., 1895-1905)
d. Codigo Penal de Filipinas y Ley Provisional
e. Codigo Comercio
f. Codigo Penal
2. Secondary Materials
a. Civil law
b. Criminal law
c. Commercial law
e. Legislation in the Philippines during the Spanish period
3. The period of the Philippine Revolution
4. The American Period
5. The Commonwealth Period
6. The Japanese Period
7. The Period after Independence
8. The Martial Law Period
9. Aquinos Revolutionary Government
10. Period under 1987 Constitution
c. Publication on Philippine Statutes, in general
d. Summary of Philippine Legislation



PERIOD LEGISLATIVE NAME OF NO. OF FIRST LAWS
AUTHORITY STATUTES STATUTES PASSED


1900-1935 Philippine Commission Acts 4,275 Act 1 - Appropriating
Philippine Assembly $2M for highways and
Philippine Legislative bridges


CA 1 - Providing for
1935-1941 National Assembly Commonwealth Acts 733 National Defense of
the Philippines


RA 1 - Appropriating
1946-1972 Congress Republic Acts 6,635 Funds for Gov't of the
Commonwealth
July 1, 1946-1947


1972-1986

Marcos as Legislator

Presidential Decrees

2,036

PD 1 - Reorganizing the
under Martial Law Executive Branch of the
Government

Batasang Pambansa Batas Pambansa 891 BP 1 - Appropriating
Funds for the Gov't

from Jan. 1 - Dec. 31,
'79


1986-1987

President Aquino as

Executive Orders

302

EO 1 - Creating the
Legislator in the PCGG
Revolutionary Gov't


1987 to

Congress

Republic Acts

2,524

RA 6636 - Resetting
present Local Elections from
Nov. 9, 1987 to Jan. 18,
1988

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4. ADMINISTRATIVE RULES AND REGULATIONS

a. Administrative acts and commands of the President of the Philippines touching on the
organization or mode of operation of the government of the rearranging or readjustment of the
districts, divisions, part or parts of the Philippines and all acts and commands governing the
general performance of duties by public employees or disposing of issues of general concern are
made effective by the issuance of Executive Orders. Those orders fixing the dates when specific
laws, resolutions or orders are to have or cease to take effect and any information concerning
matters of public moment determined by law, resolution, or executive orders, take the form of
proclamations. Ordinarily, administrative orders are confined to the exercise by the President of
the Philippines of his power deciding administrative cases. Sometimes they may contain
regulations for the conduct of subordinate officers in the executive department in the performance
of their official duties.

During the Commonwealth Period, the administrative acts and orders of the President were
published in the:

Executive Orders 4 volumes
Proclamations 7 volumes, covering period from 1935 to 1941

b. Executive Orders and Proclamations of the Governor-General during the American period
were published annually in a set entitled Executive Orders and Proclamations. Thirty-three
volumes were published until 1935, by the Bureau of Printing.

Official Gazette and
Public Laws as appendices

c. Government agencies may also be grouped together in accordance with their powers and
functions:

1. Agencies with implied quasi-legislative powers they have administrative rules and
regulations which have not been expressly directed by law to be issued, but they are
necessary in the proper discharge of the functions of the agency.

Bureau of Forestry
Bureau of Prisons
National Bureau of Investigation
Bureau of Tourism Services
Department of Social Welfare and Development

2. Agencies with express quasi-legislative powers they are specifically authorized by law
to promulgate implementing rules and regulations

Government Service Insurance System
Social Security System
Department of Labor and Employment
Bureau of Internal Revenue
Philippine Medical Care Commission
Board of Investments

3. Publications on Administrative Rules and Regulations usually published in Official
Gazette; each department, bureau or agency issuing orders imposing penalty for their
violation, rules and regulations are expected to keep official records and files thereof and
mimeograph copies are usually made available to the public.


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General studies made of administrative offices and their rule-making power include:

Administrative Law Carreon
Administrative Law Fernando & Fernando
Administrative Law and Revised Administrative Code Martin
Administrative Law of the Philippines Rivera

4. Materials containing Administrative Rules and Regulations are also found in The National
Administrative Register containing rules and regulations, circulars, memoranda and other
official issuance issued by different government agencies, published quarterly; Vols. 1 to 12
(1990-2001) by the UP Law Complex

5. Publications by the particular administrative agencies:

a. Civil Service Commission
Book V of the Revised Administrative Code of 1987 on the Civil Service Commission
lays down the basic policies and provisions of the law on the CSC as the central
personnel agency of the government. It also presents the systems and procedures by
which the operation of the civil service are to be based including personnel
administration.
Omnibus Rules Implementing Book V of Exec. Order 292 and Other Pertinent Civil
Service Laws lays down the implementing rules adopted and prescribed by the CSC
to carry out the provisions on civil service embodied in Book V of the Revised
Administrative Code of 1987. Also includes the revised rules on appointments and
other personnel action and new rules on leave.
Uniform Rules on Administrative Cases in the Civil Service embodies the uniform
rules of procedure in the conduct/adjudication of all administrative proceedings, either
disciplinary or non-disciplinary, in the civil service both at the commission and agency
levels. It also contains the revised schedule of penalties for the classifications of
administrative offenses.
Rules implementing the Code of Conduct and Ethical Standards for Public Officials and
Employees (RA 6713) lays down the prescribed rules set by the CSC in the
application/implementation of the provisions of RA 6713 otherwise known as the Code
of Conduct and Ethical Standards for Public Officials and Employees. Includes the full
text of RA 6713.
Revised Omnibus Rules on Appointment and Other Personnel Actions consolidated
general rules and policies on appointments and other personnel and other personnel
actions in the civil service. This manual also lays down the responsibilities of the
human resources management officer/personnel officer, certain modes of separation
from the service and prohibitions.
Omnibus Rules on Leave a handbook containing pertinent policies and implementing
rules and regulations governing leave administration. Also includes a listing of leave
privileges/benefits and their corresponding entitlement and availment; illustration of
how to compute leave credits and monetization.
Personnel Officers Manual outlines the responsibilities of the personnel officer in the
different areas of human resource management and development such as recruitment
and examination, promotion, performance evaluation, appointments preparation, leave
administration, retirement, personnel relations, discipline, benefits, rewards, incentives
and career development. It also discusses the legal authority and objectives of the
Council of Personnel Officers.
Revised Policies on Performance Evaluation System presents a comprehensive
discussion of the revised policies on performance evaluation in the civil service adopted
by the CSC to install and implement performance-based security of tenure. The PES
aims to draw up an objective assessment of employee performance.
Agency Performance Evaluation System (A Model) a model for the development of
PES designed by the CSC. The pES Model will help or guide agencies in preparing
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their respective PES based on corresponding policies and its proper application.
Compliance with the revised PES by agencies is crucial as it will serve as the basis for
all agency personnel actions such as promotion and grant of productivity incentive
bonus.
Memorandum Circulars 1992-2000 an annual compilation of all memorandum
circulars issued by the CSC in book form. Memorandum Circulars are complied per
year.
Qualification Standards Manual contains an alphabetical listing of roughly 4,000
positions in government service with corresponding educational, experience, training
and eligibility requirements. It also includes the positions respective salary grade level,
and sector classification. The qualifications listed in this level, and sector classification.
The qualifications listed in this manual are the minimum requirement set by the CSC for
each position; agencies are not precluded from setting higher standards that will suit
their needs.
CSC Memo Circulars Index (1988-1998) contains a listing of all memo circulars
issued by the CSC covering the period 1988-1998, classified according to subject. It
also indicates the newspaper and date of publication for circulars which were published
to ascertain their respective dates of effectivity.
Manual on Definitions of Administrative Offenses in the Civil Service a handbook of
definitions to serve as aid for legal practitioners as well as government workers
involved in handling administrative cases and other legal matters.

b. Securities And Exchange Commission
a. SEC POLIO, 1946 -1976
b. SEC BULLETIN
c. SEC WEEKLY BULLETIN

c. Central Bank
a. Financial journal
b. Central bank annual reports and compilations

d. Department Of Labor And Employment
a. Rules and regulations implementing the labor code

e. Department Of Agrarian Reform
a. Comprehensive agrarian reform program and presidential issuances

f. Department Of Justice
a. Department of justice, revised circulars 1963

g. Dangerous Drugs Board
a. Dangerous drugs board regulations 1988

h. Board Of Investments
a. Omnibus Investments code and implementing Regulations 1989

i. Office Of The Insurance Commission
a. Insurance Reporter

5. ORDINANCES ENACTED BY THE AUTONOMOUS REGION the 1987 Constitution created the
Autonomous Regions in Muslim Mindanao and in the Cordillera. The legislative assemblies of these
autonomous regions enact ordinances to govern the region and may create administrative agencies
to operate in the regions.
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6. ORDINANCES ENACTED BY LOCAL GOVERNMENT UNITS the basic local government units
are the provinces, cities, municipalities and barangays. Each of these units have lawmaking powers
to pass what is commonly called ordinances (to distinguish them from statutes enacted by Congress)
which are usually of local interest only.

A local ordinance is legally ineffective if inconsistent with statutes enacted by Congress.


COMPUTERIZED LEGAL RESEARCH SERVICES the text of the Constitutions and statutes above
mentioned may be sourced from two computerized legal research services.

1. Lex Libris produced by CD Asia, Inc., with the following databases:

a. Laws (Philippine Edition), Vol. I;
b. Taxation (Phil. Edition), Vol. II;
c. Jurisprudence (The Phil. Supreme Court Reports), Vol. III
d. Department of Justice (Opinions of the Secretary), Vol. IV
e. Local Autonomy and Local Government, Vol. V
f. Environment and Natural Resources, Vol. VI
g. Labor and Social Legislation, Vol. VII
h. Elections, Vol. VIII
i. Trade, Commerce and Industry, Vol. IX
j. Bangko Sentral ng Pilipinas, Vol. X
k. Securities and Exchange Commission, Vol. XI

2. Philjuris produced by Gigabytes Research Systems, Inc. also has a database on all laws of the
Philippines.

Chapter 5
CASE LAW

While statute law is derived from the lawmaking agencies of the government, case law comes from the
judicial authorities of the State.

Case law may be divided into:
1. Decision Proper

a. Decisions of the Supreme Court
b. Decision of the Court of Appeals
c. Decisions of the Sandiganbayan
d. Decisions of the Court of Tax appeal
e. Decisions of the Regional Traila courts
f. Decisions of the Municipal, Municipal Circuit and Metropolittan trial courts

2. Subordinate Decisions

a. Decisions of the Senate electoral tribunal and house of representative electoral
tribunal

b. Decisions of administrative agencies exercising qausi judicial powers, such as:
i. Commission on Elections
ii. Civil Service Commission
iii. Commission on Audit
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iv. National Labor relation commission
v. Insurance commission
vi. Housing and land Use regulatory board
vii. Department of Agrarian Adjudication board

THE PHILIPPINE JUDICIAL SYSTEM

A. PRE-SPANISH PERIOD trials were held publicly and decisions were rendered promptly. The
accuser and the accused faced each other with their respective witnesses. The latter, to show
their honesty and sincerity, took an oath to this effect. The disputants then began presenting
their arguments, buttressed by the testimonies of their respective witnesses. The chieftain
listened attentively and the elders took mental notes of the arguments. The disputant with more
witnesses to his side was adjudged as winner. In this case, the chieftain, acting as Judge and
executive, enforced his judgment by siding openly with the winner and compelling the defeated
party to respect the judgment of the honorable court. . Under such circumstances, the defeated
party had no other recourse than to bow to the inevitable.

B. SPANISH PERIOD Magellans arrival in the Philippines in 1521 became the basis for Spain to
claim and colonize the islands. Three Spanish expeditions were sent to the islands which all
ended in failure. Finally on November 21, 1564, Miguel Lopez de Legaspi sailed from Navidad,
Mexico to the islands of the West towards the Moluccas and subsequently landed in the
Visayan islands and founded the City of Cebu in 1565. Manila was later founded as a capital city
in 1571. The foundation of Spanish sovereignty over the Philippines had been laid.

a. In General

Five components:
a. The law to govern the conduct of the people and regulate the relations among
individuals and between the individual and the sovereign.

b. The judiciary which provided the mechanism for the adjudication of disputes among
individuals and between the individual and the government of state.

c. The law enforcement agencies to uphold the law and enforce the decisions rendered
by judiciary.
- Cuerpo de Cuadrilleros the municipal police under the local government officials
- Guardia Civil the national constabulary, the forces of which were assigned to
particular provinces under the provincial commanders who reported directly to the
governor and captain general

d. The prison system for public punishment of those who violated the law.
- Municipal jails
- Provincial jails
- Major penitentiaries such as the Bilibid Prison and those in Cavite, Zamboanga and
Marianas
- Penal farms or colonies in Palawan, Davao, Cotabato and Zamboanga

e. Legal profession group of persons with legal training manned the judicial posts and
acted as advocates of individuals in protecting their rights.
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- Lawyers who were either appointed to the judiciary and public prosecution or were
the practicing lawyers
- Those who had some legal training who were either notaries or clerks appointed to
assist the courts

Hierarchical structure of the judicial system:
The Crown
- King is the unquestioned head of Spanish government
- As an absolute ruler, had the power to reverse the rulings of the Council of the Indies
The Council of the Indies
- Decisions of the Real Audencia in certain cases were appealable to the Council of
the Indies in Serville, Spain
- When the Council was abolished in 1834, its judicial functions were assumed by a
newly created Tribunal Suprema de Espana de Indias
- Creation of the King the unquestioned head of Spanish government
The Real Audiencia
- Supreme tribunal in the Philippines
- Both had civil and criminal jurisdiction in cases of appeal from the alcalde mayor or
Corregidor
- Performed other functions aside from its judicial duties
- The Governor had supreme judicial powers in the Philippines. Even after the
establishment of the Audencia, the Governor continued participating in the judicial
affairs as President of the Audencia
The Alcaldes-Mayores (CFI)
- Alcalde mayor in pacified areas
- Corregidor in unpacified areas
- Acted as appellate judge for suits originating from the gobernadorcillo
The Gobernadorcillos (Justice of the Peace Courts)
- base of the judicial structure;
- who governed the town or pueblo;
- had jurisdiction over all civil cases arising among Indios, Chinese mestizos and
Chinese that involve small sums and petty criminal cases
Special Courts:
a. Ecclesiastical Courts for the religious
b. Army and Navy Courts for military personnel
c. Commercial Court for merchants
d. Contentious Court complaints against the administration of the government
e. Treasury Court for cases involving the royal treasury, including cases of smuggling, etc.
f. Probate Court adjudication of probate cases
The judicial system included the Department of Public Prosecution which represented the
government and its institutions in the enforcement of the law and in all civil and criminal actions to
which the state was a party.
Publication during the Spanish Period:
Jurisprudencia Civil
Jurisprudencia Criminal
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C. THE AMERICAN PERIOD with the establishment of the American military government
following the surrender of Manila to the American army, provost courts and military commissions
were created. At the same time, civil courts were recognized for certain civil purposes.
Subsequently, by Act No. 136 of the Philippine Commission, the existing courts were abolished
and in their place were substituted the courts provided in said act.. Thereafter, Congress of the
United States, through the Philippine Bill and. Later, the Jones Law, approved and confirmed the
organization of the courts thus established. As ultimately evolved, the judiciary system instituted
was substantially modeled upon English and American prototypes. However, no division was
made of the tribunals into courts of law and courts of equity as they were known and
distinguished in England and most jurisdictions of the United States. The same tribunal dispenses
both legal and equitable relief.

The Audiencia Territorial de Manila (Supreme Court)
o Chief Justice
o Eight Associate Justices
Court of First Instance
The Municipal and the Justice of the Peace Courts
Note: The uncivilized part of the Archipelago were wholly unfitted to exercise the right of
trial by jury.
D. THE JUDICIAL SYSTEM AT PRESENT

I. TRIAL COURTS OF LIMITED JURISDICTION limited to civil suits involving relatively smaller
amounts of money and to minor violations of criminal laws. These are the tribunals in which
most of the controversies that occur in the community are heard and at least provisionally
decided. They are the courts closest to the people. In this level, justice be administered fairly
and with dignity.
a. Metropolitan trial courts
b. Municipal trial courts
c. Municipal circuit trial courts

II. TRIAL COURTS OF GENERAL JURISDICTION involves an amount of money or a potential
criminal sentence, beyond the jurisdictions of the MTC, MCTC, MTC.
a. Regional Trail Courts (Court of First Instance)
b. Sharia courts under the Muslim code.

III. THE INTERMEDIATE APPELLATE COURT is the body that generally has exclusive
appellate jurisdiction over the decisions of the Regional Trial Courts and other quasi-judicial
agencies.

a. Court of Appeals
i. Presiding Justice
ii. 50 Associate Justice
b. Special appellate courts:
The Sandiganbayan appellate jurisdiction over ceratin criminal cases decided
by the Regional Courts, and also original jurisdiction over certain types of
criminal cases
Rowena B. Gallego Reviewer
Source: Legal Research by Rufus Rodriguez Page 15 of 25

Court of Tax appeals act only on protests of private persons adversely affected
by the tax and customs laws.

IV. THE COURT OF LAST RESORT (Supreme Court) at the top of the hierarchy which
determines with finality what the law is and should be. It has the power to review on appeal or
certiorari final judgments and order of lower courts in certain cases such as when errors or
questions of law are invoked and where the Constitution or validity of statues are involved. It
has original jurisdiction over petitions for certiorari, prohibition, mandamus, quo warranto
and habeas corpus.

i. Chief Justice
ii. 14 Associate Justice

DOCTRINE OF PRECEDENT

a. STARE DECISIS, ET NO QUITA MOVERE what has been settled must not be disturbed.
RES JUDICATA a matter finally decided on its merits by a court having competent jurisdiction
and not subject to litigation again between the same

b. REVERSAL has reference to the action of the Supreme Court on a lower court judgments in
the same particular controversy. When the Supreme court reviews the judgment of the lower
court in a case and concludes the lower court reached an erroneous result in the case, it will
reverse, set aside the lower courts judgment.
OVERRULES one of the past decisions of the Supreme court, the conclusiveness of that earlier
decision as a settlement of its particular controversy is not affected, but the overruled decision is
no longer an authoritative precedent for other cases that may arise in the future.

c. RATIO DECIDENDI - is the holding of the principle of law on which a case was decided. It sets
the precedent and is binding on courts in the future.
OBITER DICTUM is the language in a decision that is not necessary to the decision.

d. BINDING also called mandatory; when it comes from the decisions of Supreme Court and it is
the ratio decidendi of the case.
PERSUASIVE if the dicta comes from a respected justice, it may be persuasive to the Court.
Persuasive authority can come from decisions of appellate courts in other jurisdictions.

FORMS OF DECISIONS
MAJ ORITY OPINION / UNANIMOUS
CONCURRING
SEPARATE CONCURRING OPINION
SEPARATE OPINION
DISSENTING

CASE LAW MATERIALS

1. Decision proper

a. Decisions of the Supreme Court
Official:
Rowena B. Gallego Reviewer
Source: Legal Research by Rufus Rodriguez Page 16 of 25

i. Advance Sheet after the finality of the decision, they are published in
mimeographed form; made available to the bench and the bar at the earliest date
possible, much earlier than their publication
ii. Official Gazette official publication of the government printed by the Bureau of
Printing; the decisions of the Supreme Court are published under the section
Decisions of the Supreme Court
iii. Philippine Reports from August 8, 1901, printed by the Bureau of Printing, now
the Government Printing Office; arranged according to dates of their
promulgation
iv. Philippine Reports (Reprints) the destruction of libraries and reserve copies of
Philippine Reports in the Bureau of Printing during the war necessitated the
reprinting of these reports and the undertaking was entrusted by the Supreme
Court to the Lawyers Cooperative Publishing Co.
v. Jurisprudence Filipina Spanish edition of the Philippine Reports, also printed by
the Bureau of Printing; arranged in the same order as that of the Philippine
Reports
Unofficial:
a. Philippine Decisions
b. Philippine Reports Annotated
c. Philippine Reports Annotated (Central)
d. Supreme Courts Reports Annotated (SCRA)
e. Supreme Court Decisions (SCD)
f. Philippine Law and Jurisprudence (PHILJUR)
g. Supreme Court Unpublished Decisions (SCUD)
h. Supreme Court Advance Decisions (SCAD)
i. Supreme Court Excerpts (SCEX)
j. Summary of Supreme courts Rulings
k. Citations: excerpts of Supreme Court Decisions
l. Title Index to Supreme Court Decisions 1945 1978
m. Supreme Court Decisions Title Index 1982-1985
n. The Sandiganbayan Reporter
o. The PCGG Reporter

b. Decision of the Court of Appeals
i. Appellate Court Reports
ii. Advance Sheets
iii. Official Gazette
iv. Courts of Appeals Reports
v. Court of Appeals Reports Annotated
c. Decisions of the Sandiganbayan
i. Sandiganbayan Reports
ii. Sandiganbayan Reporter
d. Decisions of the Court of Tax appeal
i. Official Gazette
ii. Court of Tax appeals Digest of Cutoms and Real Property Tax cases
iii. Court of Tax appeals Digest of internal Revenue Cases by Colon Publication
e. Decisions of the Regional Trail courts
f. Decisions of the Municipal, Municipal Circuit and Metropolitan Trial Courts
Rowena B. Gallego Reviewer
Source: Legal Research by Rufus Rodriguez Page 17 of 25

2. Subordinate Decisions
a. Decisions of the Senate electoral tribunal and house of representative electoral
tribunal
1. HRET Reports: Final Orders, Resolutions and Decisions 7 vols.

b. Decisions of administrative agencies exercising quasi-judicial powers

Agencies with implied quasi-judicial powers agencies mostly with investigative
functions:
i. Department of Foreign Affairs
ii. Commission on Immigration and Deportation
iii. Office of the President
iv. Secretary of Justice
v. National Wages Council
vi. Philippine Patens Office
vii. Bureau of Land Transportation
viii. Civil Service Commission
ix. Professional Regulatory Commission
x. Tanodbayan (Ombudsman)

Agencies with express quasi-judicial powers agencies given judicial functions over
cases which would otherwise go the regular courts of justice were it not for the grant of
such powers to these agencies.

i. Insurance Commission
ii. National Labor Relations Commission
iii. Commission on Elections
iv. Government Service Insurance System
v. Social Security System
vi. National Seamen Board
vii. Commission on Audit
1. COA Regulations and Jurisprudence by Central book Supply
viii. Employees Compensation Commission
ix. Civil Aeronautics Board

Administrative Bodies and Agencies exercising quasi-judicial functions prepared by UP Law
Center

1. Department of Finance
a. Bureau of Internal Revenue
b. Bureau of Customs
c. Insurance Commission
d. Central Board of Assessment Appeals
e. Fiscal Incentives Review Board
f. Phil. Export and Foreign Loan Guarantees Corp.
g. Phil. Crop Insurance Corp.


Rowena B. Gallego Reviewer
Source: Legal Research by Rufus Rodriguez Page 18 of 25

2. Department of Justice
a. Land Registration Authority
b. Commission on Immigration and Deportation (now Bureau of Immigration)

3. Department of Agriculture
a. Sugar Regulatory Authority
b. National Irrigation Administration
c. National Meat Inspection Commission
d. National Food Authority
e. Quedans Guarantee Fund Board
f. Phil. Coconut Authority
g. Bureau of Plant Industry

4. Department of Public Works and Highways
a. Bureau of Research and Standards
b. Metropolitan Waterworks and Sewerage System
c. Local Water Utilities Administration

5. Department of Labor and Employment
a. National Labor Relations Commission
b. Phil. Overseas and Employment Administration
c. National Manpower and Youth Council
d. National Maritime Polytechnic
e. Employees Compensation Commission
f. National Wages Council
g. Bureau of Labor Relations
h. Bureau of Working Conditions
i. National Conciliation and Mediation Board

6. Department of Health
a. Bureau of Food and Drugs
b. Phil. Medical Care Commission
c. Dangerous Drugs Board
d. Bureau of Research and Laboratories
e. Bureau of Licensing and Regulation

7. Department of Trade and Industry
a. Bureau of Trade Regulation and Consumer Protection
b. Videogram Regulatory Board
c. Board of Investments
d. Bureau of Patents, Trademark and Technology
e. Export Processing Zone Authority
f. Garments and Textile Export Board
g. Bureau of Product Standards
8. Department of Environment and Natural Resources
a. Land Management Bureau
b. Environment Management Bureau
c. Forest Management Bureau
d. Mines and Geo-Sciences Bureau
Rowena B. Gallego Reviewer
Source: Legal Research by Rufus Rodriguez Page 19 of 25

e. National Electrification Administration
f. National Quarantine Office

9. Department of Transportation and Communication
a. Land Transportation Franchising and Regulatory Board
b. Maritime Industry Authority
c. Philippine Ports Authority
d. Toll Regulatory Board
e. Civil Aeronautics Board
f. National Telecommunications Bureau
g. Bureau of Air Transportation (Air Transportation Office)

10. Others
a. Professional Regulatory Commission
b. Security and Exchange Commission
c. Social Security Commission
d. Central Bank
e. Housing and Land Use Regulatory Board
f. National Bureau of Investigation
g. National Land Titles and Deeds Authority
h. Register of Deeds

c. Publications of Administrative Agencies Exercising Quasi-Judicial Functions

2. Commission on Elections
- The COMELEC has not published its decisions
3. Civil Service Commission
- Civil Service Board of Appeals have been published by author Rivera
- annually
4. Commission on Audit
- COA Regulations and Jurisprudence 1998 by JV Go published by Central
Book Supply
- COA Decisions Digest (1994-2000) by Reynaldo Montalbo
5. National Labor Relations Commission
- Has not published its decisions
6. Insurance Commission
- Has not published its decision
7. Housing and Land Use Regulatory Board
- Human Settlements Regulatory Commission Legal Digest, 1981, 3 vols.
8. Department of Agrarian Reform Adjudication Board
- Book entitled Jurisprudence on Agrarian Relations by Ibay, 1973
9. Securities and Exchange Commission
- SEC Decisions, 1977-1981, published by Legal Database Systems
- The decision making powers of the SEC were transferred to the regular courts
by virtue of the Securities Regulation Code, RA 8799

10. Bureau of Internal Revenue
- Complete Numbered BIR Rulings by the Career Development Center
- Digest of BIR Rulings by E.O. Ordono, 1986 to 1998
Rowena B. Gallego Reviewer
Source: Legal Research by Rufus Rodriguez Page 20 of 25


11. Intellectual Property Office
- The IPO has not published its decision

d. Computerized Legal Research Services

1. Lex Libris produced by CD Asia, Inc., with the following databases:

a. Laws (Philippine Edition), Vol. I;
b. Taxation (Phil. Edition), Vol. II;
c. Jurisprudence (The Phil. Supreme Court Reports), Vol. III
d. Department of Justice (Opinions of the Secretary), Vol. IV
e. Local Autonomy and Local Government, Vol. V
f. Environment and Natural Resources, Vol. VI
g. Labor and Social Legislation, Vol. VII
h. Elections, Vol. VIII
i. Trade, Commerce and Industry, Vol. IX
j. Bangko Sentral ng Pilipinas, Vol. X
k. Securities and Exchange Commission, Vol. XI

2. Philjuris contains a digitized compilation of the decisions and resolutions of the
Supreme Court. It is produced by Gigabytes Research Systems, Inc.


Chapter 6
LAW BOOKS OF SECONDARY AUTHORITY


Works which are not primary authority but which digest, discuss or analyze legal provisions, judicial
decisions or define and explain legal doctrines and terms are considered secondary materials.

These secondary sources can help analyze a problem and provide research references to both primary
sources and other secondary materials.


A. CASE DIGESTS are compilations of paragraphs containing concise summaries of points in cases,
grouped under appropriate headings, the chief of which are alphabetically arranged. Each paragraph
in case digests is complete in itself when it has concisely and accurately stated the point decided with
reference to precise facts.

1. Philippine Digest this publication of Lawyers Coop. was designed as a companion set to the
Philippine Reports. It has a general scheme of digesting cases and a system of numerous
references of such American counterparts as those of the Lawyer Reports Annotated, the
American Law Reports, and the United States Court Reports with modifications to suit Philippine
law.
2. Republic of the Philippines Digest this publication also by the Lawyers Coop., dubbed
Republic Digest for short, starts from where the Philippine Digest leaves off, cover all decisions
of the Supreme Court from July 4, 1946 through September 1958, published and unpublished.
The set comprises Volumes 1 to 7 of digest paragraphs, classified under pertinent topics, and
Volume 8 devoted to an alphabetically arranged table of cases. Vols. 9-17 cover decisions from
1958 to 1966.
3. Velayos Digest covers not only decisions of Supreme Court but also those of the Court of
Appeals. The main set of 25 vols. Covers the leading cases of the Supreme Court and the Court
of Appeals from 1942 to 1960
4. SCRA Quick-Index Digest this publication by Central Lawbook Supply, Inc. has three
volumes. The first two volumes condenses Volumes 1 to 36 of SCRA, while the third volume
Rowena B. Gallego Reviewer
Source: Legal Research by Rufus Rodriguez Page 21 of 25

covers Volumes 37 to 61 also of SCRA up to 1974. Every year thereafter, yearly digests have
been coming out
5. Compendium of Philippine J urisprudence authored by Celso L. Magsino and published by
Rex Book Store, it has 12 volumes containing digests of decisions of the Supreme Court from
1945 to 1980
6. Other Digests the other digests are:
a. Armando C. Castillo, Digest of Supreme Court Decisions, 9 vols. (1951-1964)
b. Napoleon Garcia, Complete Monthly Digest of Supreme Court Decisions
c. Navarrete, Digest-Index (of Supreme Court Decisions), for 1957 and 1959
d. Jurado, Leading Cases in Civil Law (Supreme Court), for 1958-1960
e. Daniel T. Martinez, Summary of Supreme Court Rulings, starting from 1986 following the
topic classification in the bar examination
f. Jesus M. Elbinias, Philippine Judicial Weekly
g. Supreme Committee, Supreme Court Digest

B. TREATISES AND TEXTBOOKS expositions by legal writers on statutory law and case law
pertaining to a particular subject and published in book form.

1 . Administrative Law
2 . Agency
3 . Agrarian Reform
4 . Arbitration Law
5 . Banking
6 . Building Code
7 . Business Law
8 . Church Law
9 . Citizenship
10 . Civil Law
11 . Civil Procedure (see Rules of Court)
12 . Civil Service Law
13 . Commercial Law
14 . Constitutional Law
15 . Construction Law
16 . Cooperative
17 . Corporation Law
18 . Credit Transactions
19 . Criminal Law (Penal Code)
20 . Education Act
21 . Election Law
22 . Evidence
23 . Firearm Law
24 . Insurance
25 . Intellectual Property
26 . International Law (Public and Private)
27 . Introduction Law
28 .
Agrarian Reform (With Taxation and
Coops.)
29 . Investments Law
30 . Judges and Courts
31 . Labor and Social Legislation
32 . Land Titles and Deeds
33 . Legal Ethics
34 . Legal Medicine
35 . Legal Research and Writing
36 . Muslim Law
37 . Natural Resources
38 . Negotiable Instruments Law
39 . Obligations and Contracts
40 . Parliamentary Law
41 . Partnership
42 . Persons and Family Relations
43 . Philosophy, Legal
44 . Political Law
Rowena B. Gallego Reviewer
Source: Legal Research by Rufus Rodriguez Page 22 of 25

45 . Property
46 . Rental Law
47 . Roman Law
48 . Rules of Court
49 . Sales
50 . Securities Act
51 . Statutory Construction
52 . Succession, Wills
53 . Tariff and Customs Code
54 . Taxation
55 . Torts and Damages
56 .
Transportation, Admiralty and Maritime
Law
57 . Trial Practice






C. BAR REVIEWERS bar review materials are very helpful to fourth year law students and those
reviewing for the bar. They are also very important to legal researchers because they present a
concise presentation of the law, legal doctrines and leading Supreme Court decisions in capsulized
form. They are usually very current and include the latest SC decisions.

Florenz Regalados Remedial Law compendium
Albano Civil Law reviewer
Bernas The 1987 Philippine constitution reviewer primer
Francisco Pre-week Memory Aidfd in all Bar subjects 1997 edition

D. LEGAL PERIODICALS the most serious and highly reputed legal periodical are the academic law
reviews are published by virtually all accredited law schools as training grounds for student editors.
They contain both articles by established scholars and student-written comments and case notes.
Both lead articles and comments are marked by extensive footnotes, making them useful research
tools.

In addition to general law reviews, there is an ever growing number of specialized academic journals,
focusing on topics from ecology to industrial relations. Most of these are student-edited, but a few
specialized scholarly journals, such as the American Journal of Legal History and the Journal of Legal
History and the Journal of Legal Studies, are edited by faculty.

Legal Periodicals - Ateneo Law Journal
Court of Agrarian Relations Journal
Far Eastern Law Review
Francisco College of Law Journal
Integrated Bar of the Philippines Journal
Lawyers Journal
The Lawyers Review
Lyceum Law Review
MLQ Law Quarterly
Philippine International Law Journal
Philippine Labor Law Journal
Philippine Law Journal (of UP)
Philippine Lawyers Association Journal
Philippine Tax Journal
San Beda Law Journal
Rowena B. Gallego Reviewer
Source: Legal Research by Rufus Rodriguez Page 23 of 25

Tax Quarterly of the Philippines
The Law Review (UST)
University of the East Law Journal
University of Manila Law Gazette Journal
University of San Carlos Law Review
Leading Law J ournal in the Philippines Philippine Law Journal of the UP College of Law which
has been in existence since 1910. It is distinguished by its scholarly articles, reviews and
commentaries. It is exchanged with leading universities in the United States and Europe and its
articles by leading Filipino academicians and students of the College of Law are recorded in
bibliographic listings around the world.
Newspapers daily case digests started by Justice Federico B. Moreno
Manila Times
Daily Mirror
Bulletin Today
Times Journal
Daily Express
Philippine Daily Inquirer
Philippine Star
Business Day

E. LEGAL ENCYCLOPEDIA while a textbook deals with one subject or phrase of a subject of the law,
encyclopedia treats of all subjects. It is a comprehensive treatise of the entire field of the law. This
whole field of the law is divided into topics arranged in alphabetical order. It presents in concise form,
brief but comprehensive statements of the current law upon said topics.

A legal encyclopedia as distinguished from law dictionaries is a subject-book which presents to the
user the means of making his own definitions. It deals with a whole field of law as distinguished from
treatise which treats of a portion of the subject. It gives a literary statement of the law as distinguished
from digests which presents isolated summaries of points of law.

Cyclopedia of Philippine Law first attempt to publish a legal encyclopedia in the Philippines,
to be authored by Alvir & Associates. However, only the first volume containing a textual
treatment of the law from A to C was publish.

Encyclopedia of Philippine Law and J urisprudence (Pedro Venida) only its first volume had
been published

Philippine Tax Reporters specialized encyclopedia on taxation; advertised as a 25-volume
cyclopedia, with annual supplements; deals extensively with the National Internal Revenue Code,
special tax laws, tax rulings, circulars, decisions and treatises. After three volumes, it stopped.

The Philippine Legal Encyclopedia Jose Agaton R. Sibal; published by Central Law Book
Publishing Co.

F. LAW DICTIONARIES are useful for identifying the definitions of words in their legal sense or use.
For each word or phrase, a short definition is given. Some also provide a citation to a court case or
other reference having the source of the word or phrase.

Diccionario de Administracion de las Islas Filipinas published in 1887
Rowena B. Gallego Reviewer
Source: Legal Research by Rufus Rodriguez Page 24 of 25


Diccionario J uridico Recopilador Martinez de San Agustin, 1922; a study which included
chronological and alphabetical indexes of Philippine legislation and jurisprudence.

Philippine Law Dictionary Federico B. Moreno, 1972; it defined legal terms and phrases that,
as part of our law and jurisprudence, was necessary to a law practitioner. Those definitions are
related to Philippine codes or statues and/or the authoritative court decisions where they may be
found by citation to specific provisions of law or to reported cases.

Dictionary of International Law and Diplomacy Gamboa

Philippine Labor Dictionary Isidro (1966)

Dictionary of Insurance Terms and Phrases Tiopanco (1976)


Chapter 7
SEARCH MATERIALS AND FINDING TOOLS


There have been a large volume of statutory law and case law that have been churned out by our
legislative mill and judicial branch of government since 1900 and the legal researcher needs some means
of subject access into this large body of law. The effective operation of the doctrine of precedent requires
that prior decisions be easily available. Without a topical approach to legal sources, researchers could not
find existing decisions or statues on point.

We therefore need search materials and finding tools for legal research. The purpose of these materials
and tools is not to persuade, nor do they themselves have any primary or persuasive authority. They are
only means for locating primary sources. It is then necessary to read those primary sources to determine
their applicability to a particular situation. In legal research, as in other sense of relevance a keen
appreciation of which sources are legally and factually relevant to the specific inquiry.


A. CITATORS supply references to decisions in which other cases have been cited, reviewed,
affirmed, reversed, overruled, criticized or commented upon, and to cases in which statutes have
been construed, and to statutes in which prior acts have been amended, renewed or repealed.

Philippine Citations first citator published in the Philippines; Dizon (1937); 2 volumes which
contain complete citations found in Vols. 2 to 64 of the Philippine Reports and in the Official
Gazette to April 1947 (including occupation issues) of the decisions of the Supreme Court and the
Court of Appeals as well as of Philippine laws, including Royal Decrees and Orders, Ordinances
of the City of Manila, and other matters.

This citatory provides the researcher with knowledge at a glance whether a given reported
Philippine decision has been overruled, criticized, limited in its application, distinguished or
followed in subsequent reported decisions. Likewise, by consulting the citations to codes and
statutes, the researcher will have before him all reported Philippine decisions wherein a particular
Philippine statute has been cited, invoked, applied, construed or discussed.

Philippine Citations next citatory publish in the Philippines in 1964 by Paras; 2 vols., Volume 1
deals with citations covering Vols. 1 to 82 of the Philippine Reports and issues of the Official
Gazette from 1942 to 1962. Volume 2 contains code citations, statute citations, and citations of
administrative rules as well as Spanish laws applied to the Philippines.

Rowena B. Gallego Reviewer
Source: Legal Research by Rufus Rodriguez Page 25 of 25

Philippine Citator contained in Volume 11 of the Philippine Digest. It lists all the citations in the
Philippine Reports, the Supreme Court of Spain, the United States Supreme Court, the other
Federal Courts, and the courts of various states and territories of the United States.
Citations in the decisions of the Supreme Court, Court of Appeals, and Court of Tax Appeals,
reported in Vol. 52 of the Official Gazette are contained in the Citator which forms part of the
1956 Official Gazette Desk Book. For 1959 Supreme Court Decisions, a citatory is offered in
Navarretes Digest-Index. Citations are also included in each volume of the Philippine Reports.


B. INDEXES usually means a subject-index which is like the index found in textbooks, statutes, etc. A
subject index is an alphabetically arranged topical words in which, by means of references under
each topic, materials relating to these topics expressed in appropriate words is digested.

1. Indexes to the Public Laws of the Philippine Islands
2. Indexes to the Public Laws of the Commonwealth
3. Laws and Resolutions Index
4. Philippine Annotated Laws (P.A.L.) Index
5. Index to Republic Acts Moran
6. Subject Index to Presidential Decrees and other Presidential Issuances (until 1978)
7. Index Guide of Vital Legal Documents
8. Index Isabelo Moran (Presidential Decrees)
9. Index in the Philippine Permanent and General Statutes
10. Commonwealth Acts Annotated Guevarra
11. Public Laws of the Commonwealth Jacobo
12. Guevarras Annotated Laws
13. Philippine Treaties Index

Philippine Digest Vols. 18-19
Republic of the Philippines Digest Vols. 6, 9 11 and 13
Ateneo de Manila Libraries Index covering 1911 to 1975 of Supreme Court Decisions
Title Index to Supreme Court Decisions Milagros Santos Ong; 1945-1978 with 1978-1982
supplement
SCRA Quick-Index
UP Law Library with card indexes to legal periodicals


C. BIBLIOGRAPHIES a list of descriptions of published materials either relating to a given subject, or
by a given author. A bibliography of law books may refer to a list of an authors legal works, or of the
literature bearing on a particular subject or field of law.

1. Philippine Legal Bibliography Justice Federico B. Moreno (1973)
2. Handbook on Legal Bibliography Andres Soriano (11984)
3. A Guide to Philippine Legal Materials Fortunato Gupit and Daniel Martinez (1993)

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