- Effectivity of Laws: Art 2 & 3 (you better memorize na this
bitch)
LEGAL RESEARCH – FINALS REVIWER
Covers doctrines of cases, laws, and principles discussed
Primary Sources of Law
a. Constitution
- Preamble – mere guide only, not binding.
- Article 7. Laws are repealed only by subsequent ones,
and their violation or non-observance shall not be
excused by disuse, or custom, or practice to the contrary.
When the courts declare a law to be inconsistent with the
Constitution, the former shall be void and the latter shall
govern.
Administrative or executive acts, orders, and regulations
shall be valid only when they are not contrary to the
Constitution.
Doctrine of Constitutional Supremacy – If a law or contract
violates any norm of the Constitution that law or contract
whether promulgated by the legislative or by the executive
branch or entered into by private persons for private
purposes is void and without any force and effect. Thus,
since the Constitution is the fundamental, supreme, law
of the nation, it is deemed written in every statute and
contract.
b. Statutes or statutory law
i. Legislative enactments
- Enactment of Laws:
Section 26(2), Art VI
Section 27, Art VI
- Repeal and amendment of laws: Art 7, NCC
- Presumption of validity
- Declaration of Unconstitutionality
De Agbayani v. PNB
Tanada vs. Tuvera
Art 2 of the Civil Code does not preclude the requirement of publication
even if the law provides for its effectivity. The legislative intent of the
law is to afford the public notice of the various laws which are to
regulate their actions and conduct as citizens. Publication is an
essential requirement since it would violate the citizen’s right to due
process, when he is punished for a law he had no knowledge thereof.
Honasan II v. The Panel of Investigating Prosecutors of the
Department of Justice
- Article 8. Judicial decisions applying or interpreting the
laws or the Constitution shall form part of the legal system
of the Philippines.
Tawang Multipurpose Cooperative v. La Trinidad Water District
The Constitution is the basic law to which all laws must conform; no
law shall be valid it it conflicts with the Constitution. All private rights
and public authority administered in accordance with the Constitution.
Laws that are contrary to the Constitution shall be struck down for
being unconstitutional.
ii. Executive/Presidential and other issuances of the
different government agencies including GOCCs
- Section 1, Chapter 1, Admin Code
- Sections 2-7, Chapter 2, Book III, Admin Code
- Section 7, Chapter 2, Book IV, Admin Code
- Section 50, Chapter 11, Book IV, Admin Code
iii. Treaties and International Agreements
- Sec 2, Art II, Consti
Pharmaceutical and Healthcare Association of the Philippines v. White Light Corporation v. City of Manila
Duque
c. Case law or Jurisprudence
International law becomes domestic law either through the doctrine of - Article 4. Laws shall have no retroactive effect, unless the
incorporation or the doctrine of transformation. contrary is provided.
- Article 8.
Doctrine of Incorporation – Through Art. 2, Sec 2 of the Constitution,
the “incorporation clause”, we adopt the generally accepted principles Spouses Benzonan v. CA
of international law and forms part of the law of the land.

Doctrine of Transformation – International law becomes municipal law

through a statute formally recognizing the law.

- Section 21, Article VII of the Constitution

Bayan Muna v. Romulo Silverio v. Republic

Re: Resolution Granting Automatic Permanent Total Disability

Benefits to Heirs of Justices and Judges Who Die in Actual Service
Executive Agreements v. Treaties

iv. Administrative Rules and Regulations

v. Local Ordinances and Resolutions

- Section 1 & 2, Art X, Consti

Magtajas v. Pryce Properties

- Section 16, LGC

City of Manila v. Laguio

- Decisions Proper – main decisions of the SC, CA,
Sandiganbayan, CTA, RTC, MTC
- Subordinate Decisions – composed of decisions of the
SET, HRET and decisions of administrative agencies
exercising quasi-judicial powers such as COMELEC,
CSC, COA, NLRC
- Special Tribunals –
- Judicial System at Present: all courts are courts of both of
law and equity and have jurisdiction over all civil, criminal,
and probate cases.
a) Trial Courts of Limited Jurisdiction
Involves the Metropolitan, Municipal, and
Municipal Circuit Trial Courts with jurisdiction
limited to civil suits involving relatively smaller
amounts of money and minor violations of
criminal laws. The “inferior courts” label given to
them is unfortunate since most of the
controversies that occur in a community are
hears and at least, provisionally decided.
Although these courts of limited jurisdiction are at
the bottom of the judicial hierarchy of courts, but
they are the courts closest to the people. It is vital
that in this level justice be administered fairly.
b) Trial Courts of General Jurisdiction
Involves the RTCs for the 13 judicial regions in
the country . A court empowered to try all kinds of
case, without monetary or subject matter
limitation. Shari’a courts under the Muslim Code
with jurisdiction over Muslim Filipinos in
Mindanao.
c) Court of Appeals
CA is the body that generally has exclusive
appellate jurisdiction over the decisions of the
RTC and other quasi-judicial agencies. Special
appellate courts:
Sadiganbayan – which have appellate jurisdiction
over certain criminal cases decided by the RTCs
and also original jurisdiction over certain types of
criminal cases
CTA – which act only on protests of private
persons adversely affected by the tax and custom
laws.
d) Court of Last Resort
The SC is the “court of last resort” at the top of
the judicial 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 violations of law are
invoked and where the Constitution or validity of
statures are involved.
Principles in studying case law:
1. Doctrine of Precedent
- “stare decisis, et no quieta movere” – not to disturb what
has already been settled
- By the doctrine of stare decisis, decided cases are
considered to be the primary source of source law and
thus, past judicial decisions are generally binding for the
disposition of factually similar present controversies. The
Philippines, although a civil law country has adopted the
doctrine of precedent or stare decisis. Hence, judicial
decisions or judicial precedents form part of our legal
system. However, only Supreme Court decisions are
treated as such.
2. Stare Decisis and Res Judicata
- Every final decision of the Supreme Court has two effects.
It is an authoritative settlement of the particular
controversy before it (RJ) and also a precedent for future
cases (ST).
Ting vs. Velez-Ting

Philippine Farming Corporation vs Llanos 4. Ratio Decidendi and Obiter Dictum

- Ratio Decidendi – holding of the principle of law on which
case was decided. It sets the precedent and is binding on
the courts in the future.
- Obiter Dictum – it is merely the opinion of the justice
writing the decision. Obiter dictum is not binding on future
cases.
Obra v. Spouses Badua

3. Reversal of Judgment and Overruling of Decision

- Reversal – the action of the SC on a lower court’s
judgments in the same particular controversy. When the
SC reviews the judgment of the lower court in a case and
concludes that the lower court reached an erroneous
error, it will “reverse” or set aside the lower court’s
judgment. Office of the Ombudsman vs. CA
- Overrules - when the SC overrules one of its past
decisions, 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.
- Section 4(3), Article VIII, Consti

De Castro v. JBC

5. Binding authority and persuasive authority

- A decision has binding authority when it comes from the
Supreme Court and is the ratio decidenci of the case.
Although a court Is not bound to follow obiter dictum from
 prior decisions, it may do so if it is carefully reasoned.
Hence, it may be persuasive authority. Decisions of 3. Opinion and Decision
appellate courts and American jurisprudence have
persuasive value. Disini v. Secretary of Justice

Forms of decisions:

Parts of a decisions:
 Contract Parties
 Title of the Case
 Syllabus
 Facts
 Issue
 Ruling Regulations and rulings of administrative agencies
 Ratio
 Separate, Concurring, Dissenting Opinions, if any 1. Agencies with implied quasi-judicial powers
2. Agencies with express quasi-judicial powers
1. Fallo and Racio Decidendi - Agencies which are given judicial functions over cases
which would otherwise go to the regular courts of justice
Obra vs. Spouses Badua were it not for the grant of such powers to these agencies.

Secondary Sources of Law

1. Statute Law Books

2. Case Law Books of Law Reports
3. Combination of Statute Law Books and Case Law Books
4. Law Finders
2. Minute Resolutions and Decisions
PART IV – LEGAL RESEARCH PROCESS & STRATEGIES (IFRU)
Philippine Health Care Providers, Inc. vs. CIR
A. Systematic Approach to LegRes
1. Identify and analyze the significant facts surrounding the
particular problem

The process of legal research begins with compiling a

descriptive statement of legally significant facts
surrounding the particular problem.
 2. Formulate the legal issues to be addressed 2. Fact word method
3. Case method
This step presumes some knowledge of substantive law. 4. Dictionary method
The goal is to classify and categorize the problem into 5. Popular Name Method
general and increasingly specific into general and
increasingly specific subject areas and to start to E. Digesting cases
hypothesize legal issues. At this step, secondary sources 1. Facts
as tools are used to provide background information to 2. Issue
help formulate issues. 3. Ruling
4. Ratio
3. Research on the issues presented

In this step, it is vital to decide which sources should be Labor Law Cases
examined. The Constitutional provisions, statutes, and
administrative regulations, jurisprudence are available but
one must assure it is relevant to the issue. Secondary Consti Cases
sources such as treatises and commentaries may be
used to expand the search.
Family Law Cases
4. Update
PART IV – CITATION
Since the law changes constantly; Congress passes new
statutes and modify old ones. The SC either refines the
law or reaffirms the law or even changes the interpretation
of the law. It is important to update one’s sources and
research in order to determine whether authorities have
interpreted or altered the law.

B. Search tools and finders, legal research systems

1. Digests
2. Annotations
3. Indices
4. Legal encyclopedia
5. Legres systems
6. Legal knowledge management systems

C. Elements of legal research

D. Common methods of search

1. Topic method