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A.

Definition of Legal Research


Legal Research was defined
as the finding and assembling of
authorities that bear on a
question of law; the field of
study concerned with the
effective marshaling of
authorities that bear on a
question of law. [Blacks Law
Dictionary]
B. Importance of Legal
Research
The importance of legal
research is to enable us to
conduct an accurate and
effective legal research. For us
lawyers, we should provide our
clients accurate and also
effective solution to their issues
and legal research can help us
accomplish such task.

C. Sources of Legal Research


Constitution, Statutes,
Executive/Presidential
Issuances, administrative rules
and regulations, case
law/jurisprudence

D. Sources of Law (Primary,


Secondary, Finding Tools)
Primary sources is the only
authority that is binding with
the courts. They are the actual
laws created by each of the
branches of the government i.e.
constitution, statutes passed by

congress, decisions
promulgated by the SC, lower
courts and other quasi-judicial
agencies, executive issuances
etc. published by the issuing
agency like the Official Gazette.
Secondary Sources are
commentaries or books,
treatises, writings, journal
articles that explain, discuss or
comment on primary
authorities. Issued commercially
and are not published by the
government. (central books, rex
bookstore etc.)
Finding tools or law finders
refers to indices, citators,
encyclopedias, legal
dictionaries, thesauri or digests.
(e-scra, elibrary, lawphil.net,
chanrobles.com etc.)

E. Historical Evolution of
Philippine Law
Pre-Spanish
-

Barangays were the unit of


government structures
before Spain colonized
Philippines.
The head of each barangays
was the Datu (Cabeza de
barangay). He governs the
barangay using native rules
which were customary and
unwritten
Two codes during this
period: Maragtas and
Calantiao.

Spanish
-

It can be traced from the


time Magellan discovered
Philippines
Royal decrees, Spanish laws
or issuances were extended
to Philippines by the Spanish
Crown through its councils.
Governor-general is the chief
legislator who exercise
legislative functions by
promulgating executive
decrees, ordinances with the
force of law.
Royal Audencia or the
Spanish Supreme Court
of the Philippines also
exercised legislative
functions by promulgating
executive decrees passed in
the form of autos
accordados.
In between this era and
American were believed to
be our first Philippine
Republic.
This was when Gen.
Aguinaldo (he is also the first
president) proclaimed
Philippine Independence in
Kawit Cavite on June 12,
1898.
Malolos Constitution is our
first constitution.

American Period
-

It can be traced after the


Battle of Manila Bay when
the Spaniards ceded us to
US upon signing of the treaty
of paris.
Military governor was the
chief executive who
exercises the executive,

legislative and judiciary


powers.
The legislative function was
transferred in 1901which
was created by the United
States president CIC of the
AF and later ratified by the
Philippine bill of 1902.
Jones law provides for the
bicameral legislative body
compose of senate and
house of representatives.
1935 constitution initially
changed the legislative body
to unicameral system but
was restored to 1940
amendments.
Cayetano Arellano was the
first Chief Justice of the
Philippines.
Manuel L. Quezon and Sergio
Osmena were the president
and vice-president.

Japanese Period
-

It began when Clark field in


Pampanga was bombed. It
marked the start of the
Japanese occupation that
lasted for 3 years.
Jose P. Laurel as its
president.
Jose Yulo as the CJ.
It was considered as a
military rule during this era.
1943 constitution was
ratified by a special
convention of Kapisanan sa
Paglilingkod ng Bagong
Pilipinas (KALIBAPI).

Republic Period
-

July 4, 1946 was the


inauguration of the

Philippine independence. A
Philippine republic was reborn.
Republic means a
government of the people
and by the people and the
sovereignty reside in the
entire people as body politic.
It defines the structure of the
government and its
corresponding powers.
During this period, while
constitutional commission
was in session, president
marcos declared martial law
on September 21, 1972.

Pambansa declared marcos


and tolentino as president
and vice-president. This
event led to people power
revolution that ousted
marcos.
Republic Revival Period
-

Martial Law period


-

Congress was abolished


during this period.
It was governed by
parliamentary form of
government. Executive and
legislative powers were
merged and the CJ was
made the prime minister.
He was elected by the
majority of all the members
of National Assembly
(parliament).
President was a symbolic
head of state.
Amendments were made
and the powers of the
president and the prime
minister were merged to
president marcos.
An impeachment was filed
by the oppositions but was
dismissed. A snap election
was called and Cory Aquinos
votes showed that he led
over a million to marcos.
However the Batasang

The Republic period was


revived after the bloodless
revolution known as people
power revolution. Cory
Aquino and Doy Laurel took
their oath as president and
vice. A constitutional
commission was constituted
to draft a constitution.
The Philippines once again
became a Republic by virtue
of 1987 Constitution. Those
holding office in these three
co-equal branches are public
officers and employees of
Executive, Legislative and
Judiciary.

Executive
Section 1 Art. VII The executive
power shall be vested in the
President of the Philippines.
-

The president is both the


head of the state and the
Commander-in-Chief of all
the Armed Forces of the
Philippines (sec.18 Art. VII).
It also includes the VP and
the secretary heads of the
executive department and
other cabinet officials.

SECTION 17. The President


shall have control of all the
executive departments,
bureaus, and offices. He
shall ensure that the laws be
faithfully executed

Legislative
-

It is vested in the Congress


which is composed of the
Senate and the House of
Representatives (sec. 1 Art.
VI)
Senate is composed of 24
senators who served for not
more than 6 years for not
more than 2 consecutive
terms.
A bill will undergo three
readings on three separate
days. During the first day the
title and the number is
mentioned and will be
forwarded to the
corresponding committee.
The committee will review
the bill if it is necessary to
call for public discussion
where experts on the matter
will be invited. If no

discussion is needed, it will


be scheduled for 2nd reading.
During the 2nd reading,
debates, arguments,
comments and suggestions
will be raised in relation to
the said bill. Such are
recorded in the journal
including the yeas and nays
of the members. A final
printed copy will be given to
each members of the house
during the third reading.
Here no more debates or
arguments, just a quick
recall of what is to be passed
as a law. It will be signed by
the speaker of the house and
it will be presented to the
president.
HOR is composed of not
more than 250 members
unless fixed by law. .
Elected by legislative
districts for a term of 3years.
No rep shall serve for more
than 3 consecutive terms.
Party list constitute 20% of
the total numbers of
representatives.

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