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QFinding the facts - Gathering the facts;. Analyzing the facts; and. Identifying the legal issues raised by the facts. 8 / 14 / 2012 2 TARP RULE T - THING or SUBJECT MATTER in controversy property? will? automobile? contract? - Identify all significant things perceptible to the senses involved in problem. Place where the act occurred is for purposes of venue.
QFinding the facts - Gathering the facts;. Analyzing the facts; and. Identifying the legal issues raised by the facts. 8 / 14 / 2012 2 TARP RULE T - THING or SUBJECT MATTER in controversy property? will? automobile? contract? - Identify all significant things perceptible to the senses involved in problem. Place where the act occurred is for purposes of venue.
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QFinding the facts - Gathering the facts;. Analyzing the facts; and. Identifying the legal issues raised by the facts. 8 / 14 / 2012 2 TARP RULE T - THING or SUBJECT MATTER in controversy property? will? automobile? contract? - Identify all significant things perceptible to the senses involved in problem. Place where the act occurred is for purposes of venue.
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Professor, Legal Research and Computer Lyceum of the Philippines University College of Law Legal Research with Computer 8/14/2012 2 CRITICAL FACT RELATED STEPS THAT MUST PRECEDE RESEARCH IN LAW BOOKS 1. Gathering the facts; 2. Analyzing the facts; 3. Identifying the legal issues raised by the facts; and 4. Arranging the legal issues in a logical order for research. 8/14/2012 3 ANALYZING THE FACTS TARP RULE T THING or SUBJECT MATTER in controversy property? will? automobile? contract? Identify all significant things perceptible to the senses involved in problem A CAUSE OF ACTION or GROUND OF DEFENSE - breach of contract? negligence? torts? estoppel? impossibility of performance? Identify the alleged wrong suffered of infraction or those reasons in law or fact why they these arguably should not be recovered 8/14/2012 4 TARP RULE R RELIEF SOUGHT civil suit for damages? injunctive or declaratory relief? abatement of nuisances? rescission of contract? - Identify the legal remedy being sought P - PARTIES, PERSONS, PLACES -Do they fit within a group or class infancy or insanity? Relationship between parties husband and wife? employer employee? attorney and client? doctor and patient? landlord and tenant? Commercial activities or professional activities insurance? Banking? Medicine? Shipping? Identify persons who is directly or indirectly involve in the problem. Place where the act occurred is for purposes of venue. 8/14/2012 5 2.3. IDENTIFYING THE LEGAL ISSUES By combining summaries of analysis would determine the specific legal problem. These issues are questions that the legal research process will attempt to answer. 8/14/2012 6 ORGANIZING THE LEGAL ISSUES IN A LOGICAL ORDER This will increase the efficiency and effectiveness of your research. DOING LEGAL RESEARCH qFinding the Law qReading the Law qUpdating the Law 8/14/2012 7 LAWFINDING TECHNIQUES Approaches Specialized approach: Words and phrases Generalized approach: - encyclopedia - treatises - law reviews - other secondary legal sources 8/14/2012 8 OR utilize one of these Methods Index/Descriptive word or fact word Known authority/statute or case method Known topic/table of contents or analytical method Definition method 8/14/2012 9 Four (4) STEP APROACH TO LEGAL RESEARCH 1. All facts on Paper Five (5) Ws and One (1) H + Who did it and to whom? + What was done? + When was it done? + Where was it done? + Why was it done? + How was it done? 2. List of Books/Websites 3. All Issues on Paper 4. Gather Authorities 8/14/2012 10 CLASSIFYING ISSUE/S INVOLVED IN THE PROBLEM CONSTITUTIONAL? STATUTORY? ADMINISTRATIVE? CASE LAWPROBLEM? PROCEDURAL LAW? 8/14/2012 11 TWO METHODS OF FINDING LAW 1. Short cut or the 100-Meter dash Method - Exhausting the statutes and their annotations and/or digest on the point under search - Reading the cases so found 2. Long or Marathon Method 8/14/2012 12 FINDING THE LAW SOURCES OF LAW Primary Materials consists of the law itself, as expressed in constitutions, statutes, court decisions, etc. they are cited first and are mandatory authorities. Primary Materials classified into statute law case law 8/14/2012 13 Secondary Materials all other written expressions of the law which interpret or analyze these primary authorities and are considered persuasive materials other secondary sources include legal periodical articles in the Philippine Law Gazette, National Law Review, Ateneo Law Journal, Far Eastern Law Review, Philippine Law Journal, San Beda Law Journal, other bar publications, and proceedings of law conferences. 8/14/2012 14 Secondary Materials Opinions of the Secretary of Justice Legislative history Congressional Committee Reports Agency reports Reports/Studies of special interest groups. 8/14/2012 15 PRIMARY SOURCES actual law itself O Constitution O Statutes O Treaties O Administrative Regulations O Court Decisions 8/14/2012 16 SECONDARY SOURCES comment, explain, critique and annotate primary resources O Treatises/textbooks O Legal periodical articles O Legal encyclopedias O Annotations (SCRA/ALR annotations) O Law dictionaries O Continuing legal education publications O Opinions of the Secretary of Justice and other administrative agencies 8/14/2012 17 PRIMARY SOURCES SECONDARY SOURCES FINDING TOOLS Constitution Statutes Treaties Administrative Regulations Court Decisions
Treatises Commentaries Legal review/legal periodicals Articles Continuing legal education publications Law encyclopedias Annotations Opinions of the Secretary of Justice
Digests Indexes Annotations Legal citations Law dictionaries Internet CD Roms
8/14/2012 18 SUPPLEMENTARY RESEARCH SOURCES Secondary Sources Finding Tools 1. Dictionaries Moreno, Philippine Law Dictionary, 1982 Sibal, Philippine Legal Encyclopedia Black s Dictionary, 1968
Ballantine s Law Dictionary, 1969 Bouvier s Law Dictionary, 3 v. Words and Phrases, 1940, 45 v.
Locate Words and Phrases in all Digests for Definitions W. Statsky, et. al. , West s s Legal Desk Reference ( 1991)
2. Legal Encyclopedias American Jurisprudence, 2 nd series Corpus Juris Secundum
I ndexes to Am. Jur. 2 nd .
I ndexes to CJS
8/14/2012 19 Supplementary Research Sources (cont) Secondary Sources Finding Tools 3. Annotations SCRA Annotations ALR Annotations U. P. IJA, Index to SCRA Annotations, 1961- 2001 Index to 3 rd and 4 th ALR 4. Legal Periodicals Law Review Articles Index to Philippine Legal Periodicals Index to Philippine Periodicals Index to Foreign Legal Periodicals Index to Legal Periodicals (CD Rom) 1986 to date + now available online Shepards Law review Citations Legal Resource Index 5. Continuing Legal Education Publications UP Law Center Annual Institutes
Index in each volume 6. Treatises and Textbooks Index to each volume
8/14/2012 20 REPUBLIC OF THE PHILIPPINES DIGEST VOL. 7 WORDS AND PHRASES the manner of its execution, being a declaration made by the witnesses, not by the testator. Tenefrancia v. Abaja, 47 Off Gaz No. 12 Supp. 327 (July 31, 1950, No. L-2415). Authority An "authority," in the governmental sense, is a person or body exercising power of command. People v. Dano, 48 Off Gaz 997 (Nov 14, 1950, No. L-2881). Bailbond A "bail bond" is an obligation given by the accused with one or more sureties, with the condition to be void upon performance by accused of such acts as he may legally be required to perform. People v. Abner, 48 Off Gaz 629 (Oct 27, '1&950, No. L-2508). 335 8/14/2012 21 1. Statutory - brief summaries of the Law and facts of cases interpreting statutes passed by Congress which are included in Codes or compilations.Ex. P.A.L., U.S.C.A., U.S.C.S. 2. Textual - Expository essays of Varying length or significant legal topics chosen for selected cases published with the essays. Ex. SCRA, ALR ALR - cites facts and holdings of all reported cases in point and presents- an analysis and synthesis of the case. Annotations 8/14/2012 22 SCRA Index 2v. Quick Index SCRA & Annual SCRA Index A.L. R. Quick Index to vols. 3-4 & A.L.R. History Annotation Table Arranged by volumes numerically 8/14/2012 23 ANNOTATION HISTORY TABLE ANNOTATIONS FROM AMERICAN LAW REPORTS (1 ST OR 2D Series) SUPPLEMENTED OR SUPERSEDED IN ALR2d, ALR3d OR ALR FEDERAL [For ALR 1 st Series annotations, supplemented or superseded in ALR Volumes 1-175 (First Series) consult the latest issue of the ALR Book]
8/14/2012 24 UP INSTITUTE OF JUDICIAL ADMINISTRATION INDEX TO ANNOTATIONS v. 1-327 (SCRA 1961-2001). CROSS-CLAIMS Nature and defects of cross- claim (81:38-47)
CROSS-EXAMINATION The aggravating circumstances of ignominy and cruelty and when are these appreciated (194:129-133)
CUSTODIAL INVESTIGATION Constitutional rights of persons under custodial investigation (158:92-106)
DEBTS Payments of Debts in Money (106:531-539)
DECLARATORY JUDGMENTS AND RELIEFS Declaratory Relief (100:262- 269) Fundamentals of Declaratory Relief(122:769-775)
DEFAULTS Defaults (34:655-668); (52:403- 419)
8/14/2012 25 CITATORS A set of books which provide through letter - form abbreviations or words, the subsequent judicial history and interpretation of reported decisions, and lists cases and legislative enactments construing, applying or affecting statutes. Ex. Dizon's Citations Paras' Citations Shepard Citations Cited case - a case which is treated by other cases Citing case - the case which operates on the cited case 8/14/2012 26 DIZON, PHIL. CITATIONS (1937) PARAS PHILIPPINE CITATIONS 2v (Statutes of Cases) PHILIPPINE CITATIONS Philippine Digest v. 11 & 13 Republic of the Philippines Citator Approach v. 7, and Suppl. to v. 7 SHEPARDS CITATIONS to official Federal & State Reports & the National Reporter System CITATORS 8/14/2012 27 ILLUSTRATIVE CASE
A list of citations to the case of Edgar v. Mite Corporation as reported in Volume 457 United States Supreme Court Reports at page 624 are shown in the left margin of this page in the same form in which they appear in the United States Supreme Court Reports division of Shepards United States Citations, Case Edition. Cross references to a cited case reported in the United States Supreme Court Reports as also reported in the Lawyers Edition, United States Supreme Court Reports, Supreme Court Reporter and the Annotated Reports System are shown enclosed in parenthesis immediately following the page number of that case when first available and are not repeated in subsequent volumes. Thus the references (73 LE 269) and (102 SC 2629) immediately following the 624 page number of the Edgar case indicate that that case is also reported in Volume 73 Lawyers Edition, United States Supreme Court Reports, Second Series at page 269, and in volume 102 Supreme Court Reporter at page 2629, and absence of an Annotated Reports System reference enclosed in parenthesis indicates that it is not reported in the Annotated Reports System. Citations to each case in the United States Supreme Court Reports division are grouped as follows: 1. citations by federal and state courts analyzed as to the history of the cited case; 2. other citations by the federal courts analyzed as to the treatment accorded the cited case; 3. other citations by the federal courts analyzed as to the treatment accorded the cited case and categorized by the judges names; 4. citations in federal administrative reports; 5. citations in state reports and units of the National Reporter System; and 6. citations in articles in the American Bar Journal.
For the purpose of illustration only, this grouping has been indicated by bracketing the citations accordingly. It will be noted that as yet there are not citations in groups four and six. In indicating the history and treatment of a cited case, the letter-form abbreviations shown on page xix are used. An examination of the citations relating to the history of the cited case indicates that another phase of the same case s in the United States Court of Appeals was reported in 633 Federal Reporter, Second Series F2d at page 486. An examination of the treatment accorded the cited case indicates that it has been followed f in an opinion of the United States Supreme Court reported in 458 United States Supreme Court Reports US 1101, and it also was followed in several opinions of the United States Court of Appeals and the United States District Courts reported in the Federal Reporter, Second Series and in Federal Supplement FS respectively. The Edgar case has also been explained e in an opinion by the First Circuit Court of Appeals reported in 686 F2d 1031, and it has been referred to without particular comment in several additional opinions by the lower federal courts reported in Federal Reporter, Second Series and Federal Supplement.
Calif 138CA3d227 34C3d382 194CaR370 688P2d677 Ky 639SW770 NH 466A2d920 466A2d922 NY 116Msc2d704 456S2d647 8/14/2012 28 ABBREVIATIONS ANALYSIS History of Case a (affirmed) same case affirmed on rehearing cc (connected case) different case from cited but arising out of same subject m (modified) same case modified on hearing r (reversed) same case reversed on rehearing s (same case) same case as case cited S (superseded) substitution for former opinion v (vacated) same case vacated US reh den rehearing denied by U.S. Supreme Court US reh dis rehearing dismissed by U.S. Spreme Court
Treatment of Case c (criticised) soundness of decision or reasoning in cited case criticized for reasons given d (distinguished) case at bar different either in law or fact from case cited for reasons given e (explained) statement of import of decision in cited case. Not merely a restatement of the facts f (followed) cited as controlling h (harmonized) apparent inconsistency explained and shown not to exist j (dissenting opinion) citation in dissenting opinion L (limited) refusal to extend decision of cited case beyond precise issues involved o (overruled) ruling in case expressly overruled p (paralled) citing case substantially alike or on all fours with cited case in its law or facts q (questioned) soundness of decision or reasoning in cited case questioned.
ABBREVIATIONS- COURTS
Cir. Fed. U.S. Court of Appeals, Federal Circuit Cir (number) - U.S. Court of Appeals Circuit (number) CIT United States Court of International Trade CCPA Court of Customs and Patent Appeals Cl Ct Claims Court (U.S.) Ct Cl Court of Claims (U.S.) Cu Ct Customs Court DC District of Columbia EC or ECA Temporary Emergency Court of Appeals ML Judicial Panel on Multidistrict Litigation RRR Special court Regional Rail Reorganization Act of 1973
8/14/2012 29 Indexes Albert and Daga, Phil. Laws Made Easier to Find (1954) - Magsinos Compendium of Philippine Jurisprudence (Supreme Court Decisions from 1945-1980) - Supreme Court Title Index, 1980-1985 (UP Law Library) - Title Index to Supreme Court Decisions (1945-1989) by Milagros Santos-Ong - Index to the Official Gazette, 1945-1985 (Supreme Court Library Service) - Index to Legal Periodicals (CD) - Current Law Index Online version is Legal Resources Index - CD Version Is Legal Trac - Index to Canadian Periodical Literature (LRI) - Index to Foreign Legal Periodicals - Various Indexes to Legal Periodical Articles 8/14/2012 30 - National Reporter Blue Book 5.1.2.3. Opinions of Legal Experts 5.1.2.4. Other State and Foreign Sources Tables 8/14/2012 31 STATUTE LAW PRIMARY SOURCES SECONDARY SOURCES FINDING TOOLS 1. Constitution 1987 Records of the Philippine Constitutional Commission 5 v. Journal of the Philippine Constitutional Commission J. BERNAS, The 1987 Constitutional of the Republic of the Philippines 1988 A.Padilla Ambrosio, the 1987 Constitution, with comments and cases, 1987, 2v. Other commentaries UPLL COMPUTER INDEX to records of the Philippine Constitutional Commission
Index found in the Book
2. Treaties and International Agreement 3. U.N. Treaty Series TIARA (Treaties and International Agreements Researchers Archives -CD ROM -Philippine Treaties Index, 1946-1982 -Index to U.N.T.S. (every 100 volumes) -TIARA (CD ROM) Philippine Treaty Series 5V (UP Law Center) 8/14/2012 32 1973 Constitution - ConCon Archives in the U.P. Law Library thru its indexes 1987 Constitution - Records of the Philippine Constitutional Commission. 5 v. STATUTE LAW 8/14/2012 33 Journal 5 v. Index (Computer, UPLL) One can also consult the following books: To know how certain provisions in the 1987 Constitution were interpreted by its framers, it is best to consult the 5-volume Records of the Philippine Constitutional Commission and its 3- volume journals. Computerized index in the U.P. Law Library. Access can be had through the number of the Articles, subject, and name of sponsor/discussant. 8/14/2012 34 1986 CONCOM PROCEEDINGS Available in CD Rom by CD Asia 8/14/2012 35 TREATIES AND INTERNATIONAL AGREEMENTS 6.2.1. Texts: OFFICIAL GAZETTE D.F.A.T.S. (Department of Foreign Affairs Treaty Series) P.T.S. (Phil. Treaty Series) U.N.T.S. (U.N. Treaty Series) 8/14/2012 36 TREATIES AND INTERNATIONAL AGREEMENTS 6.2.2. Indexes: PHILIPPINE TREATIES INDEX 1946-1982 (Bilateral & Multilateral) INDEX TO U.N.T.S. every 100 volumes U.N. MULTILATERAL TREATIES DEPOSITED WITH THE SECRETARY- GENERAL, STATUS as of 3 December 1997. 3 V. 8/14/2012 37 PHILIPPINE TREATIES INDEX 1946-1982 SUBJECT APPROACH COUNTRYAPPROACH UN TREATIES INDEX SUBJECT APPROACH CHRONOLOGICALAPPROACH UN INDEX TO MULTILATERAL TREATIES SUBJECT APPROACH 8/14/2012 38 STATUTES PROPER Total no. of statutes _______ to date TERMINOLOGY OF STATUTES - Acts or Public Acts 1900-1935 4,275 laws - Commonwealth Acts 1936-1946 733 laws 8/14/2012 39 TERMINOLOGY OF STATUTES - Republic Acts 1946-Sept. 21, 1972 6,635 laws - Presidential Decrees 1972-Feb. 20, 1986 2,035 laws - Batas July 23, 1984 Feb. 1, 1986 891 laws - Executive Orders Feb. 23, 1986- July 26, 1987 302 laws - Republic Acts, July 27, 1987 to August 24, 2007 (R.A. 6636 - R.A. 9494 (Declaring Mibilisan Watershed, Misamis Oriental as a protected Landscape area, providing for its management) - 2,858 laws 8/14/2012 40 STATUTE LAW Primary Sources Secondary Sources Finding Tools Statutes
Vital Legal Documents of the New Society (SBS) 114 v.
Arroyo and Frianeza, 1986-87 Presidential Issuances, 2 v.
LEX LIBRIS (CD ROM) PHIL. JURIS (CD ROM) PPGS Index House of Rep. Compendium of Philippine Laws, 1989, 2 v. PAL Index
Feliciano, Subject Guide to PDs and Four (4) supplements
Arroyo and Frianeza 1986-87 Presidential Issuances
LEX LIBRIS (CD) PHIL JURIS (CD)
OFFICIAL GAZETTE LAWS AND RESOLUTIONS Admin Regulations Official Gazette National Administrative Register, 1990 to date (Quarterly) Publications of Particular Administrative Agencies
LEX LIBRIS (CD ROM) Environment and Natural Resources, Taxation, Labor and Social Legislation, Local Governments, Election Law
LEX LIBRIS
NAR INDEX
17,729 17,466 2858 8/14/2012 41 6.3.4 To determine legislative intent - look at the Legislative history of the laws Approaches: Use the Index to Congressional Record or Journal b. Use History of Bills and Resolutions volume. Arrange numerically bill no. - H. No. S. No. P.B. No. C.B. No Locate the date of the Second reading as debate/discussion of the law is made. 8/14/2012 42 ADMINISTRATIVE REGULATIONS AND RULES Official Gazette The National Administrative Register, v. 1. 1990 - (Quarterly) Publication by UP Law Center Publications of particular administrative agencies SEC Folio, 1946-1976. SEC Bulletin SEC Weekly Bulletin Civil Service Reporter Financial Journal Central Bank Annual Reports and Compilations Rules and Regulations Implementing the Labor Code Rules of procedure of Adm. Agencies 4V. U.P. Law Center, 2007. 8/14/2012 43 Comprehensive Agrarian Reform Program and Presidential Issuances Department of Justice, U.P. Law Center 2003. Insurance Reporter ORDINANCES COURT RULES MILITARY RULES 8/14/2012 44 RESEARCH IN CASE LAW Case law divided into: Conventional decisions - all rulings made by regularly or specially Constituted Courts Subordinate decisions - all rulings made in accordance with law by administrative and legislative tribunals 8/14/2012 45 Supreme Court Decisions Court decisions are collected chronologically in volumes called case reports, and summarized by subject matter in reference works. Texts: Philippine Reports v. 1, 1901 Philippine Reports, v. 1, 1901 - 8/14/2012 46 Supreme Court Decisions SCRA v. 1, 1961 - Official Gazette, v.1, 1901 - Prewar issues available on microfilm at the U.P. Main Library Supreme Court Unpublished Decisions, March 1946- 1960, compiled by David Nitafan 2v. 8/14/2012 47 CASE LAW 8/14/2012 48 Primary Sources Secondary Sources Finding Tools
C.L. Magsino, Compendium of Philippine Jurisprudence, 1945- 1980. 9 v. & 2 1989 supplements. L.C. Castigador, Citations; Excerpts of Supreme Court Decisions, v. 1, 1990 to date CASE/CITATIONS APPROACH Philippine Digest, 1901-1945, v. 6, 9, 11 & 13 Republic of the Philippines Digest, v. 8, 18 and supplement to v. 18. Dizons Philippine Citations, 1901-1935 Ateneo Law Library, Index to Cases Decided by the Supreme Court 1961-1975 U.P. Law Center, Title Index to Supreme Court Decisions, 1945-1975; 2 v. with Supplements, 1978-1982, 2 v. LEX LIBRIS; PHILJURIS Supreme Court Decisions Title Index, 1982-1985, 543 p. U.P. Law Library Computerized Subject and Title, Index to Supreme Court Decisions, 1986-1996 (CD-ISIS) Philippine Law Reports, 1974 to date (UP Law Center) PHILJA Fax/ Electronic Alert Monthly
Court of Appeals Reports Annotated (CARA), v. 1, 1986
3. Sandiganbayan Reports Court of Appeals Reports Annotated (CARA) v. 1, 1986 12, 1992.
R. Rodriguez, Sandiganbayan Reporter, 2v April 15, 1988 Feb. 28, 1990, Dec. 5, 1991 (Central Professional Books, 1995) - Presents only Sup. Decisions and the Anti-Graft and Corrupt Practices Act
Velayos Digest of Supreme Court and the court of Appeals Decisions (1943-1968). 25 v. with Annual Supplements
LEGISLATION IN THE PHILIPPINES (1900-2007) PERIOD LEGISLATIVE AUTHORITY NAME OF STATUTES NUMBER OF STATUTES ENACTED 1900-1935 Philippine Commission, Philippine Assembly, Philippine Legislature Acts 4,275 1935-1941 National Assembly, Congress Commonwealth Acts 733 1946-1972 Congress Republic Acts 6,635 1972-1986 Marcos as Legislator under Martial Law Presidential Decrees 2,036 Batasang Pambansa (1978-1986) Batas Pambansa 891 1986-1987 President Aquino as Legislator in the Revolutionary Govt Executive Orders 302 1987-to present Congress Republic Acts 2,857 HOW A BILL BECOMES A LAW STATUTORY LAW Three Step Approach How to Search for Statutes using Printed Materials.. Acts and Resolutions of the Batasang Pambansa. Q.C.: Batasang Pambansa (1978-1984). 6v Arroyo, Basilisa C., and Perla S. Frianeza, eds. 1986 Presidential Issuances; An Annotated Compilation of Executive Orders, Proclamations, Memorandum Orders, Memorandum Circulars and Ad2vministrative Orders, February 25-December 31, 1986. Q.C.: UP Law Center (1987). Commonwealth Acts Nos. 1-733. Comp. by the House of Representatives Legislative Reference Library. Manila 4v. Commonwealth Acts Annotated by Sulpicio Guevarra. Q.C.: Bookwealth (1968). 3v. Aguirre, Vyva Victoria. Subject and Title Index to Executive Orders. February 25, 1986 - July 26, 1987. Q.C.: UP Law Center (1987). Legis Index No. 1 Albert, Justo R., and Rizal Gorospe Daga. Philippine Laws Made Easier to Find. Manila: Wisdom Book Store (1954). 373p. Arroyo, Basilisa C., and Perla S. Frianeza. Topical Index: 1986 Presidential Issuances. Q.C.: UP Law Center (1987) Moran, Isabelo C. Index to Republic Acts Nos. 1-1613 (vols. 1-11) Consisting Congressional Bills Enacted (1946-1956) with supplement. Manila: PLJ Publications (1956) 457p. Philippine Annotated Laws. Manila: Lawyers Cooperative Pub. v Philippines. Batasang Pambansa. Library Services. Source List of Executive Orders (1966-1986). (1986) Source List of Letters of Instruction (1972-1986). Philippines. Congress. House of Representatives. Subject Index to Compendium of Philippine Laws. Q.C.: House of Representatives (1989). Vol.3 Philippines. Congress. House of Representatives. Index Guide for Executive Order Nos. 1-302. Q.C.: House of Representatives (1989). Philippines. Presidential Decrees and Subject Index by Malacanang Records Office. Manila: Malacanang (1976). Presidential Decrees Guide and Subject Index, No. 1-1000. Manila: Malacanang Records Office (1976). Subject Guide to Presidential Decrees and other Presidential Issuances. 1975- 1986 by Myrna S. Feliciano. QC: U.P. Law Center (1975-1987). v. with suppl. Subject Index to the Official Gazette, 1945-1985 by the Supreme Court Library Services. Manila: Supreme Court of the Philippines (1993) 2vols. Vital Legal Documents Index Guide: Covers all Presidential Decrees, Letters of Instructions, General Orders and CB Circulars from volumes 1-25. Q.C. Central Book Supply (1976). General Principles of Statutory Constructions & Interpretation [How to interpret Statutes] Where the Terms of the Statute are CLEAR & UNAMBIGUOUS Just Apply the Law. The fundamental duty of the court is to apply the law. Construction & Interpretation come only after it has been demonstrated that the application is impossible or inadequate without them. Statutory Law Research Techniques This method requires one to determine which word or phrase relates to the issues one is researching and then locate those words and phrases in the general index, which will then direct him to the appropriate statute or jurisprudence. 1.Conduct to determine: Jurisdiction Keywords Time period 2. Consult secondary sources (law reviews, encyclopedias, hornbooks, nutshells, deskbooks, etc.) to learn more about the topic. These sources often provide citations to relevant statutes or to the popular name of the statute. 3.Use the and/or the for the appropriate statutory code. For online sources: search by 4. Read the statute to determine if it does indeed cover the legal issue you are researching. 5. Browse the chapter or title outline to see if other sections may also be pertinent. 6. Print and Online Sources: Look for Updates on the statute. 7. Look at the to the statute(s). CONSTITUTIONAL AND STATUTORY RESEARCH A. The 1987 Constitution B. Treaties and International Agreements C. Statues enacted by the Legislature D. Administrative Rules and Regulations E. Ordinances by Local Government Units CONSTITUTIONAL AND STATUTORY RESEARCH A. THE 1987 CONSTITUTION HISTORICAL BACKGROUND 1899 Malolos Constitution -drafted by non-elective delegates, not ratified, and not implemented CONSTITUTIONAL AND STATUTORY RESEARCH 1935 Constitution Created by authority of the Tydings Mcduffie Law Constitutional Convention July 30, 1934-February 8, 1935 March 3, 1935, the US president approved the draft May 14, 1935, the Filipino electorate ratified by an overwhelming majority vote November 15, 1935, the Commonwealth Government established by the constitution became operative CONSTITUTIONAL AND STATUTORY RESEARCH 1973 Constitution March 16, 1967 the Philippine Congress pursuant to the authority given to it by the 1935 Constitution, passed Resolution No. 2 (amended as Resolution no. 4 on June 17, 1969) calling a convention to propose amendments Constitutional Convention begun on June 1, 1971 Before the Constitutional Convention could finish its work, martial law was imposed on the entire Philippines on September 21, 1972 CONSTITUTIONAL AND STATUTORY RESEARCH 1973 Constitution On January 17, 1973, President Marcos issued Proclamation No. 1102. Proclamation 1102 declared that the proposed constitution was ratified by the Citizens Assemblies organized by P.D. No. 86. March 31, 1973 a divided SC ruled that there is no further judicial obstacle to the new Constitution being in force and effect CONSTITUTIONAL AND STATUTORY RESEARCH The Freedom Constitution Outcome of People Power in 1986 President Cory Aquino chose instead to govern under a Provisional Constitution designed to enable her to meet the peoples challenge. The document of revolutionary defiance was Proclamation No. 3. CONSTITUTIONAL AND STATUTORY RESEARCH 1987 Constitution Art. VI of Proclamation No. 3 enabled the President to choose 50 natural born citizens to form a Constitutional Commission to draft a new constitution Criteria: natural born citizen, recognized probity, known for their independence, nationalism and patriotism from various sectors of society The 1986 Constitutional Commission convened on June 1, 1986 and finished its work on October 15, 1986. CONSTITUTIONAL AND STATUTORY RESEARCH 1987 Constitution On February 2, 1987 the filipino people overwhelmingly ratified the new Constitution February 11, 1987 through the issuance of Presidential Proclamation No. 58 the results of the plebiscite was made public Most of the provisions were a reaction to governmental abuses under the Marcos regime. CONSTITUTIONAL AND STATUTORY RESEARCH TOOLS FOR INTERPRETATION The Constitutional Convention proceedings provide for the intent and background of each provision of the Constitution. Sources for the 1934-1935 Constitutional Convention are: 10 volumes of the Constitutional Convention Record by the House of Representatives (1966) Salvador Laurel's seven volumes book entitled Proceedings of the Constitutional Convention (1966); 6 volumes of the Philippine Constitution, Origins, Making, Meaning and Application by the Philippine Lawyers Association with Jose Aruego as one of its editors (1970) CONSTITUTIONAL AND STATUTORY RESEARCH Journals (3 volumes) and Records (5 volumes) of the Constitutional Convention of 1986 were published by the Constitutional Commission. This publication does not have an index. This problem was remedied when CD Technologies Asia Inc. came out with a CD- ROM version which facilitated research for it has a search engine. The proceedings and text of the 1935, 1973 and 1987 Constitutions are available at the Supreme Court E-Library. Commentaries or interpretations on the constitution, decisions of the Supreme Court and other courts, textbooks or treaties, periodical articles of the different Constitution are available (REX, Central, UP Law Center etc.) The 1987 Constitution On February 25, 1986 as a result of the people power against the Marcos regime, the new President proclaimed a Freedom Constitution, to be effective pending the adoption of a permanent Constitution. The intention was to correct the shortcomings of the previous constitutions and specifically eliminate all the iniquitous vestiges of the past regime. The late President Corazon C. Aquino created a Constitutional Commission composed of fifty members appointed by her and charged it to frame a new charter not later than September 2,1986. The members came from various sectors and represented different opinion. The final draft was approved on October 15, 1986. The plebiscite was scheduled and held on February 2,1987. 76.29% had voted to ratify the constitution and only 22.74% had voted against the ratification. The 1987 Constitution created a bicameral legislature, the Senate as Upper House composed of 24 Senators elected at large and the House of Representative composed of not more than 250 members from district representative and party list representative. CONSTITUTIONAL AND STATUTORY RESEARCH B. TREATIES AND INTERNATIONAL AGREEMENTS A pact between two independent nations in view of public welfare International agreement embodied in a single, formal instrument or two or more related instruments made between entities both or all of which are subjects of international law possessed of international personality and treaty making capacity and intended to create rights and obligations, or to establish relationships, governed by international law. (Report on Law of Treaties to the International Law Convention) TREATIES AND INTERNATIONAL AGREEMENTS TREATY- is an agreement or a contract between two (bilateral) or more (multilateral) or sovereigns, entered into by agents appointed (generally the Secretary of Foreign Affairs or ambassadors) for the purpose and duly sanctioned by supreme power of the respective countries. Found in art. 2 sec. 2 of 1987 Constitution The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations. Treaty that do not have legislative sanctions are executive agreements. May or may not have legislative authorization. Limited execution by constitutional restrictions. Valid and Effective unless concurred in by at least two- thirds of all members of the Senate ( Consti. ArticleVII sec.21) Those w/out concurrence of the Senate are considered as Executive Agreements. The President may enter into international treaties but with limitations as provided by law. Power of treaty making lies in the executive branch sec. 21 art. 7 of 1987 Constitution No treaty or international agreement shall be valid and effective unless concurred in by at least two- thirds of all the Members of the Senate. Valid and Effective unless concurred in by at least two- thirds of all members of the Senate ( Consti. ArticleVII sec.21) Those w/out concurrence of the Senate are considered as Executive Agreements. The President may enter into international treaties but with limitations as provided by law. The official text of treaties is published in: - Official Gazette - Department of Foreign Affairs Treaty Series (DFATS) - United Nations Treaty Series (UNTS) - University of the Philippines Law Centers Philippine Treaty Series (PTS) CONSTITUTIONAL AND STATUTORY RESEARCH ESecondary materials are found in: 1971 - Case and Materials on International Law (Abad Santos) 1974 - Public International Law (Salonga) 1998 International Law (Cruz) 1999 International Law, with Philippine Cases and Materials and ASEAN Instruments (Santiago) 4,275 ACTS - Enactments from 1900-1935 733 Commonwealth Acts - Enactments from 1935-1945 9547 Republic Acts - Enactments from 1946-1972, 1987- April 1, 2009 884 Batas Pambansa. Enactments from 1979-1985 2034 Presidential Decrees - Enactments from 1972- 1985 Executive Orders issued by Former President Aquino pursuant to 1986 Provisionary Constitution. STATUTES ENACTED BY THE LEGISLATURE CONSTITUTIONAL AND STATUTORY RESEARCH C. STATUTES ENACTED BY THE LEGISLATURE 1. HISTORICAL OVERVIEW a.Pre-Spanish Period b.Spanish Period c.Philippine Revolution d.American Period e.Commonwealth Period f.Japanese Period g.Period after Independence h.Martial Law Period i.Aquinos Revolutionary Government j.Post-1987 era LEGISLATION IN THE PHILIPPINES PERIOD LEGISLATIVE AUTHORITY NAME OF STATUTES NUMBER OF STATUTES ENACTED 1900-1935 Philippine Commission, Philippine Assembly, Philippine Legislature Acts 4,275 1935-1941 National Assembly, Congress Commonwealth Acts 733 1946-1972 Congress Republic Acts 6,635 1972-1986 Marcos as Legislator under Martial Law Presidential Decrees 2,036 Batasang Pambansa (1978-1986) Batas Pambansa 891 1986-1987 President Aquino as Legislator in the Revolutionary Govt Executive Orders 302 1987-to present Congress Republic Acts 2,857 HOW A BILL BECOMES A LAW CONSTITUTIONAL AND STATUTORY RESEARCH 2. HOW A BILL BECOMES A LAW FILING WITH THE OFFICE OF THE SECRETARY FIRST READING COMMITTEE HEARINGS REPORT SCHEDULE FOR SECOND READING SECOND READING VOTING THIRD READING - VOTING REFERRAL FOR CONCURRENCE ENROLLMENT OR BICAMERAL CONFERENCE SUBMISSION TO THE PRESIDENT FOR SIGNATURE CONSTITUTIONAL AND STATUTORY RESEARCH 3. COMMON TERMS IN LEGISLATION veto bill law amendment repeal enacting clause Preamble mandatory and directory CONSTITUTIONAL AND STATUTORY RESEARCH 4. Parts of A Statute I. Title Every bill passed by Congress shall embrace only one subject, which shall be expressed in the title thereof II. Enacting Clause a. Written immediately after the title b. States the authority by which the act is enacted III. Preamble a. Prefatory statement, explanation or finding of facts reciting the purpose, reason, or occasion for making the law to which it is prefixed CONSTITUTIONAL AND STATUTORY RESEARCH IV. Purview or Body The part of the statute that states what the law is all about, details and its provisions. II. Separability Clause States that if any provision of the act is declared invalid, the remainder shall not be affected. CONSTITUTIONAL AND STATUTORY RESEARCH 5. EFFECT AND APPLICATION OF LAWS PUBLICATION AS A REQUISITE FOR EFFECTIVITY Laws shall take effect after fifteen (15) days following the completion of their publication in the Official Gazette or in a newspaper of general circulation. STATUTES IN FORCE Statutes may either be temporary or permanent. a. Temporary in force for a limited time - terminates upon expiration of the term or; - upon occurrence of certain events b. Permanent - continues in force until changed or repealed HISTORY OF LEGISLATION IN THE PHILIPPINES Spanish Period Legislative power - Governor General- who exercised legislative functions by promulgating executive decrees, edicts or ordinances with the force of law. - Royal Audencia (Spanish Supreme)- exercised legislative functions when laws are passed in the form of Autos Accordados. - Crown Spain- exercised laws through councils. LEGISLATIVE PERIODS OF THE PHILIPPINES Malolos Congress (1889-1899) Philippine Commission (1900-1907) Schurman Commission (also known as the First Phil.Commission) Taft Commission (also known as the Second Phil. Commission) The Philippine Assembly-Composed of Predominantly Filipinos (1907-1916) The Philippine Legislature (1916-1935) Unicameral then later became Bicameral. National Assembly (1935 -1946) Commonwealth Congress (1945 -1946) Congress of the Philippines (1946-1972) Martial Law Period (1972-1978) The Batasang Pambansa (1978-1986) Provisional Republic (1986-1987) Interregnum Period Congress of the Philippines (1987- Present) Administrative acts and commands of the President are made effective by the issuance of Executive Orders. 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 EXECUTIVE PROCLAMATIONS. D. Administrative Acts and Orders CONSTITUTIONAL AND STATUTORY RESEARCH Administrative orders are confined to the exercise by the President of his power deciding administrative cases May contain regulations of conduct of subordinate officers in the executive department in the performance of their official duties CONSTITUTIONAL AND STATUTORY RESEARCH Agencies with IMPLIED QUASI- LEGISLATIVE POWERS They have administrative rules and regulations w/c have not been EXPRESSLY DIRECTED BY LAW TO BE ISSUED, but are NECESSARY in the proper discharge of the functions of the agency. Ex: Bureau of Forestry, Bureau of Prisons, NBI, Bureau of Tourism Services, DSWD. Agencies with EXPRESS QUASI- LEGISLATIVE POWERS They are specifically authorized by law to PROMULGATE implementing rules and regulations Ex: Government Service Insurance System, SSS, DoLE, BIR, Philippine Medical Car Commission, Board of Investments Publications on Administrative Rules and Regulations Usually published in the Official Gazette Must be published before they become effective Issuing department, bureau or agency must keep official records and files thereof and mimeograph copies are usually made available to the public. Requirements for Validity Within the authorized limits and jurisdiction of the office issuing such In accordance with the provisions of law authorized in their issuance **Govt agencies may be grouped together in accordance with their powers and functions CONSTITUTIONAL AND STATUTORY RESEARCH ADMINISTRATIVE RULES AND REGULATIONS Administrative Rules and Regulation are orders, rules and regulations issued by the heads of Departments, Bureau and other agencies of the government for the effective enforcement of the laws within their jurisdiction. In order that such rule and regulations may be valid, they must be within the authorized limits and jurisdiction of the office issuing them. It must be in accordance with the provisions of the law authorizing their issuance. Publications by particular administrative agencies Civil Service Commission SEC Central Bank Department of Labor and Employment Department of Agrarian Reform Department of Justice Dangerous Drugs Board Board of Investments Office of the Insurance Commission ORDINANCES BY THE AUTONOMOUS REGIONS In 1987 Constitution the Autonomous Regions in Muslim Mindanao and Cordillera was created. The legislative assemblies enact ordinances to govern the region and may created administrative agencies to operate in the regions. E. ORDINANCE BY LOCAL GOVERNMENT UNITS What is an ORDINANCE? -Ordinance is a local law that prescribes rules of conduct of a general, permanent character. It continues to be in force until repealed or superseded by a subsequent enactment of the local legislative body. CONSTITUTIONAL AND STATUTORY RESEARCH LOCAL LEGISLATIVE POWER IS EXERCISED BY THE FOLLOWING: Sangguniang Panlalawigan for the province Sangguniang Panlungsod for the city Sangguniang Bayan for the municipality Sangguniang barangay for the barangay (Sec. 48 LGC) LANGUAGE OF THE ORDINANCE The text of the ordinance or resolution shall be disseminated and posted in Filipino or English and in the language or dialect understood by the majority of the people in the local government unit concerned, and the secretary to the sanggunian shall record such fact in a book kept for the purpose, stating the dates of approval and posting. CONSTITUTIONAL AND STATUTORY RESEARCH ORDINANCES BY THE LOCAL GOVERNMENT UNITS The basic local government units: Provinces (Sangguniang Panlalawigan) elected by Cities (Sangguniang Panglungsod) districts Municipalities (Sangguniang Bayan) Barangays (Sangguniang Barangay) - elected at large Each of these units have lawmaking powers to pass Ordinances. Local ordinances is legally ineffective if inconsistent with statutes enacted by Congress. The President exercises supervision over the local Governments. Each regions composed of several provinces while each provinces is composed of municipalities and component cities. The Provincial Government is composed of the governor, vice-governor, member of the sangguniang panlalawigan and other appointed officials. The City Government is composed of the mayor, vice- mayor, members of the sangguniang panglunsod and other member of the appointed officials. Municipalities consists of group of Barangays. The municipal government composed of the mayor, vice-mayor, sangguniang member and other member of the appointed officials. In order for the municipality to be converted into cities, a law or act of Congress must be passed by virtue of the provisions of the Local Government Code and Constitution. A plebicite must be conducted to determine if a majority of the people in the said municipality are in favor of converting the municipality into a city. Barangay is the smallest local government unit. FINDING TOOLS Legislative History Research Determined the purpose of the research and decide whether an in depth research is necessary. Gathering information Session law number Bill number- can be found at the end of the relevant code Compiled legislative History Source and Type of Legislative History Documents General Information Bill History Hearings Committee Prints Floor Debates House Journals Presidential Statements History and Evolution of Philippine Court system Pre-Hispanic Period Barangay chiefs exercised judicial authority Spanish Period early years of the Spanish period- Miguel Lopez de Legaspi, the first governor general of the Philippines where he administered civil and criminal justice under the Royal Order of August 14, 1569. May 5, 1583- Royal Audencia,composed of a president, four oidores (justices) and a fiscal Royal Audiencia exercised both administrative and judicial functions modified in 1815 - its president was replaced by a chief justice and the number of justices was increased Audencia Territorial de Manila with two branches, civil and criminal Royal Decree issued July 24, 1861 converted it to a purely judicial body decisions were appealable to the Supreme Court of the Philippines to the Court of Spain in Madrid Royal Audiencia February 26, 1898-territorial Audencia in Cebu and Audencia for criminal cases in Vigan 1898- Audencias were suspended by General Wesley Merrit when a military government was established after Manila fell to American forces May 29, 1899-General Order No. 20; Major General Elwell S. Otis re-established the Audencia six Filipino members of the Audencia Act No. 136 (Judiciary Law) and the Supreme Court June 11, 1901-abolished the Audencia and established the present Supreme Court Cayetano Arellano as the first Chief Justice associate justices, the majority of whom were American New Supreme court promulgated its first decision Philippine Supreme Court started only during the Commonwealth, 1935 Claro M. Recto and JPL were among the first Filipino appointees replacing the American justices Administrative Code of 1917 a Chief Justice and eight associate Justices Ordained SC as the highest judicial tribunal May 14, 1935 Constitution- increased to 11 with two divisions of five members each 1973 Constitution -15 with two (2) divisions 1987 Constitution and the Supreme Court composed of a Chief Justice and fourteen Associate Justices who shall serve until the age of seventy (70) Court may sit En Banc or in its three (3) divisions composed of five members each vacancy must be filled up by the President within ninety (90) days of occurrence Article VIII and the Supreme Court Judiciary Reorganization Act of 1980- transferred from the Department of Justice to the Supreme Court the administrative supervision of all courts and their personnel Office of the Court Administrator (OCA)- created under PD No. 828, as mended by PD No. 842, further strengthened by a Resolution of the Supreme Court En Banc dated October 24, 1996. The Office of the Court Administrator (OCA) supervision and administration of the lower courts reports and recommends to the Supreme Court all actions that affect the lower court management headed by the Court Administrator, three (3) Deputy Court Administrators and three (3) Assistant Court Administrators. Rules of Court the Rule on the Writ of Amparo, approved on September 25, 2007 and effective on October 24, 2007, Rule on the Writ of Habeas Data, approved on January 22, 2008 and effective February 2, 2008 Court of Appeals Establish through Commonwealth Act No. 3 (December 31, 1935), pursuant to the 1935 Constitution (Art VIII, sec. 1) formally organized on February 1, 1936 composed of eleven justices with Justice Pedro Concepcion as the first Presiding Justice increased to 15 in 1938 increased to 17 in 1942 by virtue of Executive Order No. 4 regionalized in the later part of 1944 when five District Court of Appeals were organized for Northern, Central and Southern Luzon, for Manila and for Visayas and Mindanao Court of Appeals abolished by President Osmena in 1945, pursuant to Executive Order No. 37 re-established on October 4, 1946 by virtue of Republic Act No. 52 Presiding Justice and fifteen (15) Associate Justices Republic Act No. 1605 to eighteen (18); Republic Act No. 5204 to twenty-four (24); Presidential Decree No. 1482 to one (1) Presiding Justice and thirty-four (34) Associate Justices; Batas Pambansa Blg. 129 to fifty (50); Republic Act No. 8246 to sixty-nine (69). Republic Act No. 8246, the Court of Appeals in Cebu, and Cagayan de Oro were established. Court of Appeals Batas Pambansa Blg. 129 changed the name to Intermediate Appellate Court. Executive Order No. 33 brought back its name to Court of Appeals. Sandiganbayan was created to maintain integrity, honesty and efficiency in the bureaucracy and weed out misfits and undesirables in government service 1973 Constitution (Art. XIII, sec. 5) 1987 Constitution (Art. XI, sec. 4) restructured by Presidential Decree No. 1606 as amended by Republic Act No. 8249 Presiding Justice and fourteen (14) Associate Justices still in five Divisions of three (3) Justices each. Court of Tax Appeals Created by Republic Act No. 1125 on June 16, 1954 appellate court to review tax cases Republic Act No. 9282 its jurisdiction has been expanded where it now enjoys the same level as the Court of Appeals three to six justices Regional Trial Court jurisdictions are defined in sec. 19-23 of Batas Pambansa Blg. 129 as amended by Republic Act No. 7671 Interim Rules was promulgated in November 2000 and December 2008 affects special commercial courts MeTC, MCTC. MTC, MTCC jurisdiction is provided for by section 33, 35 of Batas Pambansa Blg 129 jurisdiction has been expanded by special laws namely Republic Act Nos. 9276, 9252, 9305, 9306, and 9308. A.M. No. 08-8-7-SC, enacted September 9, 2008 and effective October 1-2008, the Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts were designated to try small claims cases for payment of money where the value of the claim does not exceed One Hundred Thousand Pesos (P100,000.00) exclusive of interest and costs Sharia Courts created by sec. 137 of Presidential Decree No. 1083 or the Code of Muslim Personal Laws The End