Chapter 4 1.

Law - A rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority - Body of rules of action or conduct prescribed by controlling authority, and having binding legal force - Whole body or system of law - A rule of conduct formulated and made obligatory by legitimate power of the state - A body of rules of conduct that can be enforced in court - The enforceable rules that govern individual and group conduct in a society - Establishes standards of conduct, the procedures governing the conduct, and the remedies available when the rules of conduct are not adhered to Philippines Mosaic of the Philippine constitution, statues, treaties, Supreme Court decisions, administrative agency regulations, executive orders and local ordinances Human laws created for the purpose of carrying out Natural Laws

operate under the Doctrine of Precedent or Doctrine of Stare Decisis = let the decision stand Past decisions guide the determination of current disputes - Common Law System = creates an element of stability = reacts and adapts to developments in society & technology c. Administrative Law Includes: o Executive orders issued by the President o Regulations issued by the governmental regulatory agencies (Implementing Rules and Regulations) - Actions that have the force of law - Based upon statutory authority given to agencies o Create more detailed rules (define responsibilities & permissible actions) Purpose Establish standard that allows individuals to interact with the greatest efficiency and the least amount of conflict Provides a mechanism for a resolution that is predictable & peaceful Functions of Law: o Keep the Peace o Shape moral standards o Promote social justice o Maintain the status quo o Facilitate orderly change o Facilitate planning o Provide a basis for compromise o Maximize individual freedom

Three basic categories: a. Statutory or Enacted Law = body of laws adopted by the people or legislative bodies Includes: o Phil. Constitution = adopted by the people o Phil. Statutes, ordinances = laws passed by legislative bodies b. Case Law/Jurisprudence/Judge Made Laws = result of the as Common Law System Includes: o Supreme Court decisions o Court decisions o Judicial bodies decisions *Common Law = body of rules created through judicial decisions

Jurisprudence about the Sources of Law Law refers to: o Constitution o Statutes or acts of Congress o Municipal ordinances o Implementing rules issued pursuant to law o Judicial decisions

2. Philosophy of Law - Classical Natural Law Theory according to St. Thomas Aquinas 4 types of Law for Aquinas: o Eternal Law/Laws of the Universe = the whole community of the universe is governed by divine reason o Divine Law/Revealed Word of God = to be guided to our supernatural destiny, our reason being inadequate to reveal it to us o Natural Law = eternal law as it applies to us, which we know by reason o Human Law = created by us for the purpose of carrying our natural law - Aquinas Philosophy of Law = Law is nothing else than an ordinance of reason for the common good, promulgated by him who has the care of the community (w/ the power to coerce to obey it) o Ordinance of Reason = law must have an end goal o For the common good = the end or goal of law is the common good o Promulgated = the law must be made known to them (those ruled by it) o Power to coerce others = coercive power is what the law should have in order to prove an efficacious inducement to virtue - Theories of Law o Classical Natural Law Theory (Aquinas) o Internal Morality of the Law (Lon Fuller) o Classical Legal Positivism (Austin) o H. L. A. Hart o Legal Realism (Holmes) o Llewellyn o Dworkin 3. Sources of Philippine Laws - Legislative Department Source of Statutes

Phil. Congress = has the power to enact, revoke or alter any law Most important function = enactment of laws o Source of constitution and statutes Statutes = laws enacted by Phil. Congress o Declare rights and duties o Command or prohibit certain conduct o Laws passed by legislative body (national & local governments) o Acts, codes, statutes or ordinances (law passed by local government) o Statutory law = assumes a high level of status in the Phil. Hierarchy of Laws Judiciary Department Source of Case or Common Laws, Jurisprudence or Judge Made Laws o Case/common law = creation or refinement of law in the course of judicial decisions; jurisprudence o Judicial decisions (about an individual lawsuit) issued by courts = sources of law o Art. 8 of the New Civil Code Case Law = includes common laws & the law created when courts interpret or apply enacted law o Common Law = law created by courts in the absence of enacted law o Phil. Judicial System = from Spanish Civil Law System o Specific about judicial decisions applying or interpreting the laws or the constitution o Phil. Courts should decide cases based on enacted laws o Art. 9 of the New Civil Code Common Law, Case Law, and Judge-Made Law = synonymous o Include all law other than enacted law

Executive Department Source of Rules and Regulations and Administrative Laws o Given delegated legislative power by the legislative branch o Power of subordinate legislation = by the issuance of IRR of exec. Dept. o Local government units given delegated legislative powers = by the issuance of ordinances of local government bodies Power of Subordinate Legislation of the Executive o Primary function of Phil. Congress = determine what the law should be and enact the appropriate legislation o Legislature delegate the task of administering the laws to administrative agencies o Enabling legislation = necessary to carry out the law Implementing Rules and Regulations of Administrative Laws o Have authority of law o Administrative law = body of law that results o Composed of the rules, regulations, orders and decisions promulgated by the administrative agencies when carrying out their duties o More specific than statutory law o Deals w/ the details of implementing the law o Phil. Exec. Branch unique coz it functions quasilegislatively & quasi-judicially o Exec branch primary function = enforce the law, source of law in 4 ways (treaties, executive orders, IRRs, municipal ordinances)

4. Precedence and Hierarchy of Phil. Laws - Phil. Legal System = Civil Law System

Phil. Constitution = supreme law of the land; created 1st by the sovereign people - not all laws are created equal, some laws are superior and some laws are inferior - Follows the sequence that it is created - Statutes = 2nd highest, authority derived from the constitution - IRRs = written by agencies in the exec branch to put statutes in force - Higher law will win over provision of an inferior law Constitution Statutes Implementing Rules and Regulations Court decisions 5. Civil Law System or Tradition = a legal system that has drawn its inspiration largely from Roman law heritage and which, by giving precedence to written law, has resolutely opted for a systematic codification of its general law o Jus civile (civil law) = proper or ancient law of the city or state (Rome) o Jus gentium = law thought to be common to all the peoples comprising the Roman world - Corpus Juris Civilis = Body of Civil Law o Commissioned by Roman Emperor Justinian I o Comprehensive code of laws = Rise of Nationalism o Unification & stabilization of European nations o Lead to national codification of Laws o Napoleonic codifications of the private and criminal law of France & the Civil Code (Code Civil or Code Napoleon) of 1804 o Netherlands, Spain, Italy and numerous countries of Latin America followed French model o Civil-law family of laws = divided into French and German Branch

Phils. Belong to French branch 6. Common Law System or Tradition = that body of law that develops and derives through judicial decisions as distinguished from legislative enactments - Taken variety of cultural forms = political entities based on English common law - Refers to creation and refinement of law in the course of judicial decisions - Part of common law tradition = U.S. & Canadian Province a. Except: Louisiana & Quebec = Law of France, a civil law country - 2 common law doctrines o Precedent o Stare Decisis - Precedent vs. Doctrine of Stare Decisis o Precedent = an earlier court decision on an issue that applies to govern or guide a subsequent court in its determination of identical or similar issues based upon identical or similar facts o Stare Decisis = provides that a court must follow a previous decision of a higher court in the jurisdiction when the decision involves issues and facts similar to those involved in the previous decision 7. Phil. Civil Law Tradition w/ a Common Law Touch - Phil. Remained a civil law country = Spanish influence - Political laws = American - Phils. = adhere to a uniform civil law tradition w/ a touch of common law tradition - Art. 8 of the New Civil Code - Common/Case law = composed of law created in 2 situations: o When there is no law governing a topic o Through interpretation of enact law where the meaning

or application of the enacted law is unclear 8. Civil Law and Common Law: differences in Sources, Concepts and Style - Similar social objectives - Phils. Influenced by Western Law Traditions Stare Decisis o Unknown to Civil Law o English Doctrine of Stare Decisis = compels lower courts to follow decisions rendered in higher courts, hence establishing an order of priority of sources by reason of authority o Essence of Civil Law = every law of the country is codified or written into the law; Written Law o Common Law = Unwritten Law o Codification = responsibility of the legislative body o Lack of judicial precedent (civil law) = designed to restrict the power of judicial branch - Jurisprudence o Civil law decisions are shorter than common law decisions o Separated into 2 parts (civil law) Motifs (reasons) Dispositive (order) o Judges Civil law = especially trained in special schools Common law = appointed amongst practicing lawyers o Method of writing judgment Common law judgments = expose facts, compare or distinguish them from the facts of previous cases & decide the specific legal rule relevant to the present facts

Civil law decisions = identify legal principles, verify if the facts support their application o Functions of Statues Same importance in both legal traditions, differ in functions Civil law = provide the core of the law, follows jurisprudence Common law = complete the case law o English word law = all legal rules whatever their sources o French loi = refers only to written statutory rules o French droit = English law 9. Relationship between Statutory Law and Case Law - Statute Law = law that has been created by Congress in the form of legislation - Case Law = creation & refinement of law in the course of judicial decisions - Present-day legislatures adopt statutes affecting broad range of activities - Balance of power inherent in the Phil. Legal system o Courts can declare statutes and regulations unconstitutional 10. Private & Public Law o Private law = governs the relationships among individual citizens o Public law = governs the relationship between the state and the people 11. Civil & Criminal Law o Civil law = form of private law & governs relationships between individual citizens o Criminal Law = aspect of public law & relates to conduct w/c the state considers w/ disapproval & w/c it seeks to control and/or eradicate - Differences:

Civil law = governs issues arising between parties over private rights = seeks some sort of compensation (usually monetary) for injury or damage to the person or property = procedural law takes effect when a dispute is brought to the legal system o Criminal law = governs issues between parties involving public concern = suit that is brought by the government for violation or injury to public rights = includes all laws designed by the legislature to maintain order and safety in our society; carries a penalty of a fine, imprisonment or community service = criminal procedural law begins at the time the law enforcement personnel bring a dispute into the legal system - Compensatory damages = award of money should be sufficient to compensate the injured party for the reasonable cost of the injuries - Injunctive relief (specific performance) = some action that the guilty party may be ordered to act or refrain from acting in certain way - Punitive damages/exemplary damages = additional monies that the defendant is ordered to pay as a form of punishment 12. Substantive vs. Procedural Law - Coexisted for 100 yrs - W/o procedural law = substantive law could not be created - w/o substantive law = no procedural law needed o substantive law

creates & resolves issues between parties creates, defines & regulates rights the body essence, & substance that guides the conduct of citizens establishes the extent of this right & obligation to w/c all persons are subject o procedural law used to guide parties fairly & efficiently through the legal system adjective or remedial law = provide a method of enforcing rights prescribes a method of enforcing rights or of obtaining redress for the invasion of rights are created to ensure that each party will be afforded fair and impartial treatment o basic function of civil procedural law = facilitate the movement of a lawsuit through the legal system o function of procedural law = assemble all the pieces into a complete product o decision is based on pieces of information 13. Types of procedural law o Rules of Civil Procedure o Rules of Criminal Procedure o Rules of Evidence - courts generally have the power to o create rules that are enacted into law for an entire jurisdiction o Create local rules w/c only apply to the court that creates them and to no other court

Chapter 5 1. Jurisdisction - Power & authority of a court to hear, try and decide a case - Power & authority to hear and determine a cause or the right to act in a case - Power constitutionally conferred upon a judge or magistrate, to take cognizance of and decide causes according to law and to carry his sentence into execution
Jurisdiction Authority to hear & determine a case A matter of substantive law Established a relation between court & subject matter Fixed by law & cannot be conferred by the parties Venue The place or the court where the case is to be tried & heard Matter of procedural law Established a relation between plaintiff & defendant, or petitioner & respondent May be conferred by the act or agreement of the parties

How is jurisdiction acquired

Acquired by the filing of complaint, petition, initiatory pleading

Plaintiff/petitioner

Defendant/respondent

Acquired by the voluntary appearance by the defendant or respondent to the court or by service of summons Conferred by law Acquired by constructive or actual seizure

Subject matter Res (thing)

2. Payment of Docket Fee is jurisdictional - Civil cases filed = proper docket fees have to be paid before the court will attain jurisdiction - Importance: for the court to acquire jurisdiction - Indispensable step for the perfection of an appeal - Requirement of an appeal fee is by no means a mere technicality of a law or procedure - Essential requirement w/o w/c the decision appealed from would become final and executor as if no appeal was filed at all - Right to appeal merely statutory privilege & may be exercised only in the manner prescribed by law - Filing fees are intended to take care of court expenses in the handling of cases in terms of cost of supplies, use of equipment, salaries & fringe benefits of personnel, etc. computed as to man hours used in handling each case - A case is deemed filed only upon payment of the docket fee regardless of the actual date of filing of the case in court - All complaints, petitions, answers and other similar pleadings should specify the amount of damages being prayed for not only in the body of the pleading, but also in the prayer, and said damages shall be considered in the assessment of the filing fee in any cases - Unethical practices: w/o specifying in the prayer the amount of damages w/c is stated in the body - In later cases, allowed subsequent payment of docket fees provided it is made w/in the reglementary period

or before prescription has set in no intent on the part of petitioners to defraud government - The amount of damages will help determine: o Jurisdiction of the court o The amount of docket fees to be paid - In election cases: o Filing fee in election cases is fixed & not dependent on the amount of damages sought to be recovered o Claim for damages in an election case is merely ancillary to the main cause of action and is not even determinative of the courts jurisdiction w/c is governed by the nature of the action filed 3. Respect to Hierarchy of Courts - Supreme Court not a trier of facts - The principle of the hierarchy of the courts generally applies to cases involving factual questions - Reasons: o Imposes upon the precious time of the courts o Leads to delayed adjudication - The court resolved to exercise primary jurisdiction on the matter 4. Actions = an ordinary suit in a court of justice, by w/c 1 party prosecutes another for the enforcement or protection of a right or the prosecution or redress of a wrong
Classification of Actions Real Actions Brought for the protection of real rights, specific recovery of lands, tenements or 1 founded on privity of estate only Brought for the specific recovery of goods & chattels, or for damages or other redress of breach of contract, or other injuries, of whatever description Arises either upon contracts, or for

Personal Actions

wrongs independently of contracts Mixed Actions Bought for the specific recovery of lands, tenements, and for damages for injury sustained in respect of such property Also a real action Brought for protection or recovery of real property & also for an award for damages sustained In Rem Action Directed against the thing itself, binding upon the whole world (ex. Land registration) Directed a particular person on the basis of his liability to establish a claim against him, judgment is binding upon the person impleaded & his successors in interest (ex. Action for breach of contract) Direct a particular person, but the purpose is to bar and bid not only said person but any other person who claims any interest in the property or right subject of the suit (ex. Action for judicial foreclosure of mortgage) One the w/c venue of w/c depends generally upon the residence of the parties regardless of where the cause of action arose (ex. Personal action) One required by the Rule of Court to be instituted in a particular place in the absence of an agreement to the contrary (ex. Real action) One by w/c a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong, may either be ordinary or special One by w/c the state Special Proceeding

prosecutes a person for an act or omission punishable by law A remedy by w/c a party seeks to establish a status, a right, or a particular fact Commenced by the filing of the original complaint in court

Commencement of Action

In Personam Action

Quasi In Rem Action

Transitory Action

5. Causes of Actions - Cause of action = the act or omission by w/c a party violates a right of another o A fact or combination of facts w/c affords a party a right to judicial interference in his behalf o Determined not by the prayer of the complaint but by the facts alleged - 2 elements: o Plaintiffs primary right and the defendants corresponding primary duty, whatever may be the subject to w/c they relate person, character, property or contract o The delict or wrongful act or omission of the defendant by w/c the primary right and duty have been violated - Right of Action = right to commence and maintain an action
Cause of Action Right of Action Formal statement Remedial right of the operative belonging to some facts that give rise persons to such remedial right Matter of Matter of right and statement and depends on the governed by the substantive law law of procedure Right of action springs from the cause of action No right of action until there has been a wrong, a violation of a legal right, it is then given by the adjective law

Local Action

Civil Action

6. Parties to Civil Actions - Only natural or juridical persons, or entities authorized by law may be parties in a civil action

Criminal Action

plaintiff = claiming party, the counter-claimant, the cross-claimant, 3rd/4th party plaintiff, etc. defendant = original defending party, defendant in a counterclaim, cross-defendant, 3rd/4th party defendant Classification of Parties
Party who stands to be benefited or injured by the judgment in the suit Party entitled to the avails of the suit

Indigent Party

Real Party in Interest

Party may be authorized to litigate his action, claim or defense as in indigent if the court, upon an ex parte application and hearing, is satisfied that the party is one who has no money or property sufficient and available for food, shelter and basic necessities for himself and his family Subject matter of the controversy is one of common or general interest to many persons so numerous that it is impracticable to join all as parties, a number of them w/c the court finds to be sufficiently numerous and representative as to fully protect the interests of all concerned may sue or defend for the benefit of all

Indispensable Party

Person w/o whom no final determination can be had of an action Necessary party is one who is not indispensable but who ought to be joined as a party if complete relief is to be accorded as to those already parties or for a complete determination or settlement of the claim subject of the action Husband or wife who is required to be joined in suits by or against his spouse Those in whose behalf a class or representative suit is brought Parties not initially or formally impleaded as original parties but later bind themselves to comply w/ the terms of a judgment or compromise rendered

Class Suit

Proper Party

7. Venue of Actions
Venue of Real Actions Affecting title to or possession of real property, or interest therein, shall be commenced and tried in the proper court w/c has jurisdiction over the area wherein the real property involved, or a portion thereof, is situated Other actions may be commenced and tried where plaintiff or any of the principal plaintiffs resides, or where the defendant or an of the principal defendant resides, or in the case of a nonresident defendant where he may be found, at the election of the plaintiff Any of the defendants does not reside and is not found in the Philippines, and the action affects the personal status of the

Pro Forma Party

Quasi-Parties

Venue of Personal Actions

Representatives as Parties

Action allowed to be prosecuted or defended by a representative or someone setting in a fiduciary capacity, the beneficiary shall be included in the title of the case and shall be deemed to be the real party in interest

Venue of Actions against Non-residents

plaintiff, or any property of said defendant located in the Philippines, the action may be commenced and tried in the court of the place where the plaintiff resides, or where the property or any portion thereof is situated or found

8. Criminal Action and Criminal Law - Criminal action = one by w/c the State prosecutes a person for an act or omission punishable by law - Criminal Law o RPC most source of criminal laws o Most important part of Phil. Legal system (medico-legal practice) o Influenced by Spanish Penal Code and American Criminal Justice System o In the hands of legislature or law-making body for each jurisdiction o owned and prosecuted by the state o People vs. Accused o No common law in the Phils. 9. Civil Actions - Ordinary Civil Actions = one by w/c a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong - Special Civil Actions = governed by the rules for ordinary civil actions, subject to the specific rules prescribed for a special civil action 10. Criminal Action vs. Civil Action
Criminal Action State prosecutes a person for an act or omission punishable by law Civil Action One by w/c a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong Commenced by a complaint or petition by a private person Brought in the name of the real party in interest

Commenced by a complaint or information filed by the fiscal Brought in the name of the state w/ private complainant as a mere witness for the state

11. Kinds of Pleadings - Pleadings = written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgment - Pleading allowed = claims of a party are asserted in a complaint, counterclaim, cross-claim, 3rd/4th party complaint, complaint-inintervention - Complaint = pleading alleging the plaintiffs cause or causes of action - Answer = pleading in w/c a defending party sets forth his defenses - Defenses o Negative = specific denial of the material fact or facts alleged in the pleading of the claimant essential to his cause or causes of action o Positive = allegation of a new matter w/c, while hypothetically admitting the material allegations in the pleading of the claimant, would nevertheless prevent or bar recovery by him - Counterclaim = claim w/c a defending party may have against an opposing party - Compulsory counterclaim = one w/c, being cognizable by the regular courts of justice, arises out of the or is connected w/ the transactions or occurrence constituting the subject matter of the opposing partys claim and does not require for its adjudication the presence of 3rd parties of whom the court cannot acquire jurisdiction - Cross-claim = any claim by 1 party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein - Reply = the office or function of w/c is to deny, or allege facts in denial or avoidance of new matters alleged by way of defense in the answer and thereby join or make issue as to such new matters - 3rd/4th party complaint = a claim that a defending party may, w/ leave

of court, file against a person not a party to the action for contribution, indemnity, subrogation or any other relief, in respect of his opponents claim - Bringing new parties = presence of parties other than those to the original action is required for the granting of complete relief in the determination of a counterclaim or cross-claim, the court shall order them to be brought in as defendants, if jurisdiction over them can be obtained - Answer to 3rd/4th party complaint = party defendant may allege in his answer his defenses, counterclaims or cross-claims, including such defenses that the 3rd/4th party plaintiff may against the original plaintiffs claim 12. Parts of Pleadings Caption Name of the court, title of the action, docket no. assigned Body Sets forth designations & allegations, relief prayed for & date - Paragraphs = allegations - Headings = 2 or more causes of actions are joined Relief Shall specify the relief sought Date Dated Signature & address Must be signed by the party or counsel representing him Unsigned pleading has no legal effect verification Need not be under oath unless specified Verified by an affidavit Lack of proper verification no legal effect Certification against Plaintiff/principal forum shopping party shall certify under oath in the complaint or other initiatory pleading asserting a claim of

relief and simultaneously filed therewith: - Not file any action of the same offense in any other court, tribunal or quasi-judicial agency & no such other action/claim pending - If there is such pending, complete statement of present status - If he should learn of a similar action has been filed pending, shall report to the court the fact w/in 5 days where said complaint or initiatory pleading has been filed Failure to comply shall be curable by mere amendment of the complaint or other initiatory pleading but shall be the cause for dismissal of the case w/o prejudice, unless otherwise provided, upon motion and after hearing

Chapter 7 Legal Research - the search for authority that can be applied to a given set of facts and issues - the process of identifying and retrieving information necessary to support legal decision-making - starts w/ analysis of the facts of a problem & concludes w/ the application & communication of the results of the investigation Legal Analysis - process of determining how the law applies to the problem Legal research different from ordinary research - initial step is to develop awareness of the type of materials that constitute the law and of the relationships between these materials - necessary to consult the ff. primary sources: o statutes (legislative enactments) o cases (opinions of the judiciary) o regulatory materials (administrative agency regulations and decisions) - need to analogize Legal Authority - purpose of legal research is to find the authority that will aid in finding a solution to a legal problem - Challenges of legal research: o Selecting appropriate legal authorities o Selecting appropriate search terms to find the legal rules in the resource that is being searched Types of Legal Authorities - Primary legal authorities = authorized statements of law issued by governmental bodies o Law by the legislative branch (constitution & statutes) o Judicial branch (cases) o Executive branch (treaties, executive orders, -

administrative rules and regulations, ordinances) o Includes constitutions, legislations, statutes, court decisions, regulations and rulings of administrative agencies, city/municipal ordinances & other similar documents that carry the force of law o Can be mandatory (binding) or persuasive (non-binding) Concept of jurisdiction = a determination of whether an issue that arises in a particular geographic location is governed by national law Doctrine of Stare Decisis Courts refer to and rely on primary authority 1st when resolving legal problems Hierarchy of laws o Primary: enacted and constitution law

constitution enacted laws common/case laws

Secondary Legal Authority = descriptions of, or commentary on, the law o Law review articles o Treaties o Restatements of the law o Legal encyclopedia & other similar items *used only as persuasive authority Aids in explaining what the law is or should do
Secondary Authority not the law, but consists of authoritative sources (interpret, analyze, compile never be mandatory authority Authority w/c the court MAY follow

Primary Authority law itself

Mandatory authority

Mandatory (Binding) vs. Persuasive

Authority that the court MUST follow

Determining whether an enacted law applies to govern a legal question/issue (3 step process) = identify all the laws that may govern the question (locating all statutes/laws that possibly govern the legal question & determining whether they apply to the specific situation) = identify all the elements of the law or statute (specific requirements that must be met for the law or statute to apply, must identify the elements before moving on to step 3 to determine whether the requirements are met) = apply the facts of the case to the elements (apply the facts of the clients case to the elements to determine how the law or statute applies, elements match) Mandatory case laws = to follow the principle of law established in the decision, 2 conditions must be met: - Court decision must be on pt. - Court decision must be written by higher court in that jurisdiction Primary authority not always binding, they can be persuasive

commentaries, encyclopedias, journal articles, indexes, etc.) Primary & secondary authorities different from Primary & secondary sources
Primary Authority and Sources Authorities Sources Constitutions Legislature Statutes Legislature Case Judiciary Laws/Jurisprudence Administrative Executive Regulations Executive order Executive Treaties Executive Presidential Decrees Executive Municpal Laws & Executive Ordinances Secondary Authority Dictionaries Annotations Encyclopedias Law Review Articles Periodical Publications Treatises & Texts Attorneys general opinions Restatements Foreign Sources Form Books Practice Guides

Source of Authority - Law comes into being in 2 principal ways o Legislative action o Court action - 2 primary sources of law o Enacted law/statute o Common/case law - Sources of laws o Legislature o SC of the Phils. o Administrative Bodies o Local Govt unts o Pres. Of the Republic Forms of Legal Information - Divide into those that contain original decisions & actions & those that describe, explain or analyze them = primary sources publications w/ contain original decision & actions of legislative, judicial and administrative bodies = secondary sources publications that describe, explain or analyze the law (textbooks, treaties,

Legal Research Process - Not a linear process = steps followed: - Analyze the facts and formulate a preliminary statement of issue - Familiarize yourself w/ the court structure of the jurisdiction - Conduct background research to get an overview of the subject area, identify issues and terms, and get clues to primary sources - Search for legal authority using appropriate methods of updating - Read and evaluate primary authorities - Make sure cases are still good law and you have the current version of statutes - Refine analysis and formulate conclusion Complexity of Modern Legal Research Key: developing research strategy, follow good research methodology