GOALS:
Determine the objectives of the lawyer or client;
Identify and analyze factual material;
Identify the legal context in which factual issues arise;
Identify sources for investigating relevant facts;
Analyse a clients instructions and be able to identify the legal, factual
and other issues presented;
Present the result of research in a clear, useful and reliable form.
Students should be able to demonstrate an understanding of:
The use of primary and secondary texts;
The methods of locating cases and statutes;
The use of treatises, periodicals, digests, and standard
practitioner texts;
The use of indexes and citators;
The use of computerized research tools.
Definition:
Process of finding the laws, rules and regulations that govern activities in
human society.
Investigation for information necessary to support legal decision making.
Process, begins with analyzing the facts of a problem and concludes with
applying and communicating the results of the investigation.
PURPOSE:
To ascertain the legal consequence of a specific set of actual or potential
facts.
To provide competent representation.
SOURCES:
Printed and electronic sources
The Three-Stage Model for Legal Research
1. Research Planning
a. Fact collection;
b. Legal knowledge
c. Problem identification;
d. Legal analysis;
e. Fact analysis;
f. Further fact collection;
g. Identification of avenues of research;
h. Generation of key search words
2.
a.
b.
c.
d.
e.
f.
g.
Research Implementation
Identification of problem(s) resolution;
Identification of relevant source materials;
Location of source materials;
Effective use of source materials;
Analysis of research findings;
Application of findings to problem(s);
Identification of further problems
3. Research Presentation
a. Identification of the recipients needs or requirements;
b. Selection of appropriate format, for example, letter, memorandum, report,
brief;
c. Use of clear and succinct language;
d. Use of appropriate language style, for example, informatory, advisory,
recommendatory, demanding.
Characteristics of Legal Material
Primary Sources
DIGESTS
Indexes to reported cases, provides brief unconnected statements of
court holdings on points of law which are arranged by subject.
Reprint of headnotes found in the case reports.
LAW DICTIONARIES
CITATORS
Research aids which provide notational information on the status of a
particular case law or the current status of a statute.
Can be used to find other decisions similar to or dependent upon the
case under consideration.
INDEXES
Alphabetical lists of important words and concepts covered in a book, a
set of books or research sources that assists the researcher in locating
the primary or secondary sources.
DIRECTORIES
Information about lawyers, law firms, etc
TABLES
Alphabetical listings of case names or statutes with references to the
law reports or publications where the cases or law can be located.
OTHER SOURCES
Opinions of Legal Experts and Other State and Foreign Sources.
1973 Constitution
There are no records of the 1971 Constitutional Convention because of
the imposition of martial law.
1987 Constitution
Discussions on the Provisions of the 1987 Constitution are found in the fivevolume Records of the Constitutional Commission and its three volume
Journal.
House of Representatives, Index of the Journal of the Constitutional
Commission, prepared by the Office of the Secretary General Special Task
Force published in April 2003.
Background information: The Constitution of the Republic of the Philippines,
Draft proposal of the 1986 U.P. Law Constitutional Project submitted to the
constitutional Commission on June 5, 1986 in 2 volumes.
Commentaries and interpretations on the 1987 Constitution are:
o Joaquin Bernas, commentary on 1987 Constitution
o Isagani Cruz. Constitutional law (2003)
o Hector de Leon. Philippine Constitutional Law (2003-2004) 2v.
o Ambrosio B. Padilla, The 1987 Constitution, With Comments and Cases. 2v.
(1987).
o Vicente V. Mendoza, Judicial Review of Constitutional Questions; Cases and
Materials. 360p. (2002)
o
Form of Decisions
Court decisions are complied chronologically in volumes called case reports.
After the title of a case, there is a syllabus which summarizes the rules of law
enunciated in the case arranged by subject which is prepared by the court
reporter, in consultation with the PONENTE or author of the decision.
By majority vote or unanimous.
May affirm, reverse or modify the decision of the lower courts.
Members who will concur are listed.
Others who agree with the decision but not with the opinion may write a
separate concurring opinion.
Justice who disagrees may dissent, with or without writing an opinion.
Per curiam (by the court)- unsigned
Case Law Materials
Decisions Proper
Supreme Court Decisions
The official text of the Supreme Court decisions are
printed initially as advance decisions or popularly
known as G.R.s (General Registry).
They are available at the OFFICE OF THE CLERK OF
COURT OF THE SUPREME COURT.
Subsequently, decisions are published in the
Philippine Reports and in the Official Gazette.
The latest Decisions are also available in the
Supreme Court website www.supremecourt.gov.ph
Unofficial secondary sources:
Supreme Court Reports Annotated (SCRA) by the
Central Book Store
Lawyers Review
Supreme Court Advaned Decisions (SCAD) by the
Rex Printing Co.
CD ROMS by Lex Libris, Phil Juris etc.
Court of Appeals Decisions
Appellate Court Reports, Vol. 2 (Jan.4-June 30,
1937).
Court Appeals, 2d series, Vol. 1 (1961 Decisions) up
to Vol. 25 (1980 Decisions).
Court of Appeals Reports Annotated (CARA), Central
Lawbook Publishing Vol. 1-10 (January 1986-June
1991).
Official Gazette
Sandiganbayan
Only one volume, Sandiganbayan Reports
(December 3, 1979 February 29, 1980).
Court of Tax Appeals
Exclusive appellate jurisdiction over tax and custom
cases.
Official Gazette.
Court of Tax Appeals Digest of Customs and Real
Property Tax Cases, Court of Tax Appeals Digest of
Internal Revenue Code by Colon.
RTC, MeTCs, MTCs and MCTCs