On Judicial Reasoning, Writing and Research JUDICIAL REASONING I.

METHODS OF REASONING
1. Analogy: drawing a conclusion on the basis of a similarity between cases. 1.1 Caution: For any conclusion to be validly drawn, the two cases must in fact be similar on all significant points. Any significant difference may make the conclusion in one case in applicable to another. 1.2 !ample: "n People v. X #hypothetical case$, the %upreme Court upheld the conviction of a person who had issued bad checks in connection with a financing scheme for the purchase of a car. &he case before a particular 'udge(s )ench*Court likewise involves bad checks issued by a purchaser under a financing scheme. Conclusion: A conviction is in order. 1.+ ,uling on the basis of -udicial precedent is reasoning by analogy. 1.. /rocedure: 1...1 ,esearch for a decided case of the %upreme Court that, by heading or topic, deals with the case before you. 1...2 0etermine whether or not the fact1pattern in the decided case and in the case before you is the same. 1...+ 0etermine whether or not the laws cited in the decided case are still in force. 1.... "n case of identity or substantial similarity in fact1pattern, and if the laws cited in the decided case are still in force, apply the rule in the decided case. 1.2 Analogy may also be the basis for filling in lacunae in the law. !ample: Ozoa v. Vda. de Madula An employer who was held subsidiarily liable for the civil liability of an employee in a criminal case wished to appeal 28

from the adverse decision. &here is no rule fi!ing the period for appeal. &he %upreme Court applied the same rule governing appeals in criminal cases: fifteen days from notice or promulgation, by filing a notice of appeal.1 2. "nduction: the process of forming a general conclusion by e!amining a number of particular instances. 2.1 "t is basically the search for an e!planation of a pattern. 2.2 "t is the process of reasoning at work in the following and similar situations: 2.2.1 "mpeaching a witness on the basis of previous instances of untruthfulness or unreliability. 2.2.2 stablishing the status, dignity or worth of a person by the use of character testimony. 2.2.+ 3enerali4ations about human behavior that enable a court to determine what does or does not conform with human nature and human conduct. 2.2.. 3enerali4ations about 5customs5 or 5business practices.5 2.+ /itfalls of inductive reasoning: 2.+.1 6asty generali4ation7 conclusions drawn from an e!amination of too few samples7 cursory and occasional observations do not legitimi4e a generali4ation. 2.+.2 &he possibility that a human person may indeed behave in an e!traordinary manner or in a way that does not conform to the general pattern of behavior. 3. Deduction 3.1 The cl !!ic "o#$ o" deducti%e #e !onin& i! the !'llo&i!$( 8 is /. % is 8. &herefore: % is /. All common carriers are bound to e!ercise e!traordinary diligence in the care of passengers and of cargo.
1

No. L-62955, December 22, 1987, 156 SCRA 779.

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&his -eepney is a common carrier. Ergo: "t is bound to e!ercise e!traordinary diligence in the care of passengers and of cargo. +.2 "t is in virtue of their identity or non1identity with a third term, called the 58iddle term5 that the sub-ect and predicate terms of the conclusion are either -oined #in affirmations$ or separated #as in denials$. !ample: Rubio v. Peoples Homesite and Housing Corporation 9fficials and employees 5under the civil service5 whose positions are abolished shall be granted separation pay e:uivalent to one month(s salary for every year of service. #Section !, )./. ++;$ /etitioners were officials and employees under the civil service whose positions were abolished. &herefore: /etitioners are entitled to separation pay. 2 +.+ &he development of mathematical logic has also allowed for 5formal proofs of validity5 of deductive reasoning. !ample: &he ,ule of 58odus &ollens5 coupled with the &heorems of 0e 8organ and the ,ule of Addition allow the following argument: "f the marriage of Filipinos solemni4ed abroad is to be considered valid, then it must conform with the laws of the -urisdiction where celebrated the Filipinos must have capacity to contract under our laws. #<$ )ut 'ulia was only si!teen at the time of the marriage and therefore lacked capacity. &herefore: the marriage was not valid.

II. FRE)UENTL* COMMITTED FALLACIES 1. Mi!+l ced Autho#it'

G. R. No. 31469, May 22, 1990, 185 SCRA 656.

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!pertise in one area of law is not necessarily e!pertise in another area of law. )efore one cites an author(s position to resolve a disputed :uestion, his e!pertise in the particular area of law must be established. ,. Post hoc, ergo propter hoc 9ne event following another is not necessarily caused by the antecedent event. &he fact that 'uan and /edro were earlier overheard talking about /edro(s dislike for the murder victim does not establish that the subse:uent death of the victim was the handiwork of /edro. 3. Tu quoque A rule applied to one is not necessarily applicable to all others unless: +.1 &here is substantial similarity between all other parties. +.2 &he situations are similar. +.+ &he first party is legally and factually entitled to the application of the rule.

-. Dicta simpliciter &his is the fallacy of applying a general rule to cases that actually constitute e!ceptions to the rule. !ample: "t will not do to apply the rules on the prosecution of bigamy and the proscription of divorce to 8uslims who are covered by a different law. .. Argumentum ad populum &his is the fallacy of solving an issue by adopting the clamor of the masses as the solution to the problem. /. Argumentum ad baculum &his is the fallacy of arguing from the undesirable conse:uences of a proposition.

III. THE LOGICAL FLO0 IN CASE1ANAL*SIS:

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1. =hat claim is it that the parties make< =hat are the parties( respective claims< =hat are the claims of the parties< 1.1 5&he defendant is liable in damages5. &his is an e!ample of a claim. %o is: 5&he accused is liable for homicide through reckless imprudence5. 1.2 "n the first place, the claim must be something the law allows the court to entertain or a relief that laws allow the court to grant. 2. =hat are the grounds on which the opposing claims rest< =hat are the grounds relied upon by the opposing parties< 2.1 =hat facts are advanced by the parties as key facts< 2.2 =hat facts are in issue< =hich facts directly relate to the issue< 2.+ >ot all facts the parties urge upon the court are key facts. 0ecisions are unduly long at times because they tackle facts that are not key facts at all. 2.. =hich facts are key facts also depends on the factual grounds that the law re:uires to support certain claims. !ample: "n suing against a common carrier for the death of a passenger, the law sets forth the key facts for consideration: a$ 0id a contract of carriage e!ist< b$ "s the passenger or are the goods in the same condition as they were at the time of the inception of the -ourney or voyage< c$ "n case not, can the common carrier account for the passenger or for the goods< +. =hat is the "arrant for the claims< +.1 =hich laws or rules are cited by the parties that allow them to raise their claims on the grounds they advance< +.2 Are the laws so cited still good law< 6ave there been repeals or amendments< Are the laws still effective<

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+.+ "f e:uity is the warrant for the claim, is e:uity properly invoked< #>ote: :uity can never be invoked to disregard the prescriptions of law.$ .. =hat bac#ing is there for the use of the warrant< "s there e!isting -urisprudence< "f so, what is it< ..1 "s the interpretation of law acceptable< ..2 "s it in accordance with -udicial doctrine< 6ow has the %upreme Court interpreted the law< ..+ 0oes the interpretation satisfy the standards of legal hermeneutics, particularly of statutory construction< 2. =hen a case is analy4ed, it is useful to identify: 2.1 &he parties: 2.1.1 their identities 2.1.2 their relevant relations 2.1.+ their litigation statuses: =ho is plaintiff< =ho is defendant< =ho is the intervenor< =ho is the cross1 claimant< =ho is the third1party defendant< 2.2 &heir ob-ectives: 2.2.1 =hat is it that they ask of the court< =hat reliefs do they seek from the court< 2.2.2 "f the ob-ective is procedural #e.g., a writ of in-unction$, what is the substantive ob-ective that the party pursues #e.g., the abandonment of a construction pro-ect$< 2.+ &heir theories: 2.+.1 "s the defense using the theory of self1defense< "s alibi is being used< "s the accident victim suing on the basis of the contract of carriage or of tort< 2.+.2 6ow good are these theories< 2.. =hat are the key facts< 2...1 =hich are those facts which, if otherwise, would produce a different result< 2...2 =hich are those facts that alter the relations between the parties< 2...+ =hich are those facts that create new rights or impose new obligations< 33

2.2 =hat are the issues< 2.2.1 =hat are the issues of fact< =hat are the issues of law< 2.2.2 "t is at pre1trial that the issue should be definitely set forth. 2.2.+ "t is the issues that became the basis of determining relevance or irrelevance of evidence. !. =hen a -udge resolves an issue of fact, the result is a $inding. =hen the -udge resolves an issue of law, the result is a %olding.

JUDICIAL 0RITING I. INTRODUCTION

'udicial writing is the basic tool of -udicial communication or the transmission of information by the courts. &here are two kinds of -udicial communication: the internal and e!ternal. &he former is the communication within the agency, like the communication emanating from the %upreme Court to the lower courts #vertical communication$ and the communication between the 'ustices or the offices in the %upreme Court #hori4ontal communication$. &he latter is the flow of information between the courts and the public. !ternal -udicial communication is done mainly through decisions and orders. &here should be no misunderstanding as to what a 'udge means in his decisions or orders. &he main ob-ective of -udicial writing is precisely to make oneself understood. &here are guidelines that help us achieve effective communication, as there are barriers that impede the smooth flow thereof. II. 2OINTERS FOR JUDICIAL 0RITING 1. The Th#ee 3C!3 In Judici l 0#itin& "n -udicial writing, there are three 5Cs5 to be borne in mind ? Corto& Claro and Conciso. A -udicial writing must be as brief 'corto( as the nature of the sub-ect and the intelligible presentation thereof will permit. "t should not be unnecessarily repetitious.1 @erbose and proli! statements should be
1

41 Am !r 408.

34

avoided. 8atters stated in a paragraph need not be reproduced in succeeding paragraphs but may -ust be referred to as having been mentioned.2 A -udicial writing must be clear 'claro(. "t must be stated with definiteness, certainty and clarity. &he facts must be stated by direct and positive averments and should not be left to be deduced by arguments and inferences.+ &wo things that can make any writing unclear are vagueness and ambiguity. A -udicial writing must be concise 'conciso(. &he word 5concise5 refers to the style and manner of writing. A pleading is concise when it comprehends much in a few words.. &he word 5style5 comes from the Aatin word 5stylus,5 which refers to a writing instrument, one end of which was used to writing in wa! and the other for erasure. 6ence, we have a useful analogy: style is related to writing as well as to revision, drafting and re1drafting. 2 )y observing the three 5Cs,5 a -udge can achieve simplicity in his -udicial writing. As )ernard %haw says: %implicity without substance is childish, but great thoughts achieve much of their effectiveness and power through simplicity.B 1.1 Cse of %ingle =ords in /lace of %everal =ords #1$ like 1 along the lines of #2$ when 1 at the time at which #+$ help 1 be of help to #.$ by 1 by means of #2$ while 1 during the time that #B$ by 1 in accordance with #;$ although 1 notwithstanding the fact that #D$ until 1 until such time as #E$ now 1 at this point in time #1F$ want 1 have the desire to

2 3 4 5 6

Lo S!" #. $ya%%, 5 &'"(. 496 )1906*. 41 Am !r 308-9, Go +cco a,- Co. #. De (a Co.%a, 63 &'"(. 445 )1936*. L"brary o/ 0,"#er.a( 1,o2(e-3e, 38. 4e((, S%y(e ", !-"c"a( $r"%",3, 15 o!r,a( o/ &!b("c La2, 214. S'a2, A Com5(e%e Co!r.e ", 6re.'ma, 7,3(".', 38.

35

1., Diction &he process of choosing the correct word to use in a sentence to e!press one(s thoughts, specially with regard to clearness and efficacy, is called 5diction.5 very time a writer wants to e!press his thoughts, several words :uickly come to mind but only one may be the correct or appropriate one. A word may contain a nuance not found in its synonyms. %ome words may describe the same action but imply different relationships among the parties concerned. %ome words may be similar in sound but different in meaning. 9thers may be synonymous but one can only be used in formal writing and the other is informal writing. 1.,.1 Choice o" Co##ect o# A++#o+#i te 0o#d A4JURE5ADJURE &he former means 5to renounce5 or to avoid. &he latter means 5to charge or entreat.5 A FE05 FE0 )oth words mean 5not many5 but the former emphasi4es the positive side while the latter, the negative side. &here are F = honest politicians now, but, at least, we should be thankful that there are still A F =. A LA05THE LA0 &he former refers to a specific piece of legislation #&he Anti1Fencing Aaw$7 the latter, something more general and abstract #&he Aaw on &orts$. A NUM4ER OF5 THE NUM4ER OF &he former is always followed by a plural verb7 the latter by a singular verb. AFFLICT5INFLICT )oth mean 5to cause distress, or pain,5 but the former is used in an emotional, while the latter, in a physical sense. AGREE TO5AGREE 0ITH &he former means to give consent to something. &he latter means 5to be in accord with it.5

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ALL RIGHT5 ALRIGHT &he former, as an ad-ective, means 5in proper working order5 or 5correct,5 and as an adverb, 5ade:uately5 or 5very well.5 &he latter is a nonstandard alternative that should be used only in informal writing. 4LU44ER5MOAN )oth mean 5to weep,5 but the latter implies contortion of the face that is accompanied with inarticulate sound, while the latter -ust implies a low, prolonged sound. CAN5MA* &he former is used to e!press the ability or capacity to do something, and the latter is used to e!press permission. CONTEM2ORAR*5CONTEM2ORANEOUS &he former refers to persons or things7 the latter, to events. CONTENTION5DISSENSION )oth words denote a disagreement, but the former suggests a verbal strife, while the latter suggests differences in opinion, particularly between opposing groups belonging to the same body. CR*5SO4 &he former implies the e!pression of sorrow, pain or distress by making mournful and convulsive sounds and shedding tears. &he latter is to weep aloud with a catch in the voice and short gasping breath. DAMAGE5DAMAGES &he former refers to the harm done by the illegal acts, while the latter, to the compensation to be paid by the wrongdoer. DESTRO*5DEMOLISH &he former is the term of broader application, meaning the tearing down or bringing to an end by killing, wrecking, eradication, etc. &he latter stresses the force used to completely smash the thing destroyed to pieces. DISCERN52ERCEI6E )oth words suggest a recognition of something, but the former implies that the recognition is either visual or

37

mental, while the latter implies keen understanding or insight. HISTORIC5HISTORICAL &he former refers to something important that happened before7 the latter, while also concerned with history, does not distinguish between what is important and what is not. IM2L*5INFER &he former is what one does to suggest something indirectly. &he latter is what one concludes from the evidence or circumstances. IM2RACTICA4LE5IM2RACTICAL )oth mean 5impossible to put into practice,5 but the former stresses the impossibility to do or carry out, while the latter stresses the fact that the act, even if possible, is 5not sensible or realistic.5 MATERIAL5RELE6ANT "n the law on evidence, the former means 5having some logical connection with the facts of conse:uence,5 while the latter means 5tending to prove or disprove a matter in issue.5 NAUSEATED5NAUSEOUS &he former means that the person it refers to looks sick, while the latter means that the appearance of the person referred to makes others sick. ORAL56ER4AL )oth ad-ectives can refer to spoken words7 however, the former is limited to spoken or uttered words #by mouth$ while the latter may refer to both spoken and written words. O6ERCOME5O6ERTHRO0 &he former stresses the overpowering of an antagonist or the surmounting of difficulties. &he latter stresses the fact that there was a prevailing power that was dislodged by force. SIMULTANEOUS5S*NCHRONOUS )oth refer to the occurrence at the same time but the latter stresses the e!act correspondence in time of occurrence.

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0AIL50HIM2ER )oth mean 5to cry,5 but the former implies the making of loud, prolonged, and mournful sounds, while the latter implies the making of subdued, broken, and whining sounds. 1.2.2. =ords to be Csed with !treme Caution. ALI4I means 5a defense that the accused was elsewhere than at the scene of the crime.5 "t can not be used to mean 5an e!cuse5 or any other kind of defense. CLAIM means 5to demand something as rightfully belonging to one.5 "t can not be used to mean 5to put up a defense.5 DUE TO, an ad-ective, modifies or refers to a particular noun. "t should not be used for 5through,5 5by5 or 5because of5 or to introduce a causal phrase. 0HERE has been misused in place of 5when,5 5in which,5 5when5 or 5wherein.5 "t should be used only to e!press place, as in the 5countries where the Common Aaw is followed,5 but not in referring to cases, as in 5"n the case of ,eyes v. Cru4, 1F %C,A 1FF, where the court held that ! ! !.5 AS TO has been used to convey so many meanings that it is hard to tell which one the writer has in mind. "nstead of 5as to5 in the sentence 5%uggestions as to the remedies can be submitted,5 use 5for.5 1.2.+ =ords with %imilar %ound but 0ifferent 8eanings &hese are words with similar sound but which have different meanings, e.g.& COARSE5COURSE &he former, an ad-ective meaning 5crude75 the latter, a noun, 5path or 5route.5 FLAUNT5FLOUT &he former means 5to show off proudly or boastfully,5 the latter, 5to treat something or somebody with contempt.5 FLIGHT52LIGHT &he former means 5the act of moving through space,5 the latter, 5a predicament.5 LATH5LATHE

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&he former means 5a piece of wood used as building material,5 the latter, 5to cut with an rotating machine.5 2ORTA4LE5 2OTA4LE &he former refers to one that can be carried7 the latter, to something that is drinkable. 1.2.. "lliteracies 0o not use illiteracies. &here are decisions that use words which are not in the dictionaries because they are not accepted in the nglish language, e.g.& 5dismissible5; and 5imposable.D 1.+. %pell =ords Correctly #1$ ,eglementary not reglamentary #2$ Motu proprio not motu propio #+$ "llegible not ilegible #.$ Cnappealable not inappealable #2$ Accessible not accessable 1.. @erbs not followed by prepositions &he following verbs are not followed by prepositions: #1$ furnish 1 not furnish "it% a copy #2$ re:uest 1 not re:uest $or a copy #+$ e!plain 1 not e!plain about #.$ await 1 not await $or the 'udge #2$ seek 1 not seek $or assistance #B$ climb 1 not climb up #;$ -oin 1 not -oin toget%er #D$ start 1 not start out #E$ use 1 not use up #1F$ mounted 1 not mounted up the horse

7 8

$"-o2. a,- +r5'a,. A..oca%"o,, 8,c. #. Co!r% o/ A55ea(., G. R. No. 91797, A!3!.% 7, 1992, 212 SCRA 360.

D"o9!",o #. Cr!:, No. L-38579, Se5%ember 9, 1982, 116 SCRA 451; Mora(e. #. Co!r% o/ A55ea(., G. R. No. 126623, December 12, 1997, 283 SCRA 211.

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,.

0#itin& St'le

According to Fogiel, style is the art of creative writing that flows effortlessly and gives the reader the feeling that the writer knows the sub-ect. E 6e is referring to the manner a writer presents his thoughts. =hile style is personal to a writer and is said to be a window of his personality, still there are basic rules that may help a writer in forming his own style. ,.1 St &e! o" 0#itin& 2#oce!! &he writing process incorporates five stages: prewriting, writing, rewriting, revising and polishing. &he pre1writing stage consists of the organi4ation in outline form of the ideas that have to be translated from the writer(s mind into written form. >e!t, is the preparation of the writer1oriented first draft. &he writer should keep on writing without stopping to correct anything. ,ewriting towards a reader1oriented final draft follows the writing stage. ,evision comes after the rewriting of the draft. "t concentrates on sentence structure, grammar and punctuation. &he last stage of the writing process is polishing, which includes checking for grammatical and typographical errors. Failure to polish the legal writing can erode the meaning and import of the writing. ,., 2ointe#! on St'le ,.,.1 U!e Econo$' o" 0o#d! &he simplest way of saving words is to throw out all the words you don(t need ? this is the 5weeding out method.5 'ust discard all the words that do not add any meaning to what you are writing. "f you write something about a 5tiny little room,5 strike out the word 5little5 and leave the words 5tiny room.5 A tiny room is always little. conomy in the use of words may be achieved through the following methods: #a$ Change ad-ectives into nouns. "nstead of writing 5=hat impressed me most was the fact that he was very frank.5 #12
9

6o3"e(, M., <a,-boo= o/ 7,3(".' Grammar, S%y(e a,- $r"%",3, 146-7 )1993*.

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words$, write 5=hat impressed me most was his complete frankness5 #D words$ #b$ Change ad-ectives into adverbs. "nstead of 5&he crowd cheered in a way that was wild.5 #E words$, write 5&he crowd cheered wildly.5 #. words$ #c$ Change verbs into nouns and use gerunds. A verb1noun ending in 51ing5 is called a gerund. "nstead of 59ften the beauty of a dress lies in the way it is worn.5 #12 words$, write 59ften the beauty of a dress lies in the wearing.5 #1F words$ #d$ Change verbs into ad-ectives. Cse the suffi!es 51able,5 51 ed.5 And 51ing5 to change verbs into ad-ectives. "nstead of writing 5&hat was a play you could really en-oy seeing.5 #D words$, write 5&hat was really an en-oyable play.5 #B words$ #e$ Cse the infinitive phrase instead of a clause beginning with 5that5 or 5so that.5 "nstead of writing 59pen the window so that you get some fresh air.5 #1F words$, write, 59pen the windows to get some fresh air.5 #D words$ #f$ ,emove words like 5who has5 or 5which is5 in relative clauses. "nstead of writing 59ur neighbor, who was the mayor of the town, was always very friendly to us.5 #12 words$, write 59ur neighbor, the town mayor, was always very friendly to us.5 #12 words$ #g$ Cse word1saving syllables. &here are some syllables that can take the place of several words. !amples are 5y,5 5full5 and 5less5 that can turn clauses into ad-ectives. "nstead of 5Aet(s go over to the side of street that is in the shade.5 #1. words$, write 5Aet(s go over to the shady side of the street.5 #1F words$ Gou left out the words 5side of the 5 and 5that is in5 and added the syllable 5y5 to 5shade5. "nstead of 5=e were greeted with a smile that was full of -oy.5 #11 words$ write 5=e were greeted with a -oyful smile.5 #; words$ "nstead of 5A little hall that has no windows makes a good darkroom.5 #11 words$, write 5A little windowless hall makes a good darkroom.5 #D words$

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9ther word1saving syllables are: 51ment5 #as in astonishment$7 51ion5 #as in creation$, 51i4e5 #as in moderni4e$7 and 51fy5 #as in fortify$ &here are combinations of these syllables, like 51i4ement5 #as in aggrandi4ement$ or 51fication #as in fortification$ #h$ Cse a single ad-ective to do the word of a phrase #a brave man for a man of bravery$. &here are cases, however, when the phrase is better that the single word as when it yields emphasis or rhythm. #A thing of beauty instead of beautiful thing$ #i$ 0elete redundant or unnecessary words. Avoid redundant words.

old adage 1 adage means Hold sayingH advance planning 1 plan means Hto foreseeH or Hto advice aheadH to discuss about 1 to discuss means to talk about end result 1 result in the end itself of previous acts or events

#-$ Cse short words, which are usually clearer, crisper, and more e!act. "f you have a choice between a short and a long word conveying the same meaning, use the former. )ut when a longer word is clearer and more e!act, by all means, use it. #k$ )e consistent in using the same word for the same idea. 9nce you use a word in a writing, do not use its synonyms in the subse:uent portions thereof, for the reader will be wondering if you are changing the sense of what you have said before. ,.,., 4e Accu# te in the Choice o" 0o#d!. !press clearly what you have in mind. 0o not say: 5&he evacuees are provided with portable water.5 when what you mean is that the evacuees are provided with 5potable5 water. "n using synonyms, be sure they carry the same connotations as the words you want to replace. #a$ 0o not use 5while,5 in place of 5although.5

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Although he does not have all the answers, he does know the :uestions. #=ith 5while,5 the sentence can mean during the time he does not have the answers.$ #b$ 0o not use 5as5 in place of 5because.5 6e cannot finish the brief this week because he is going to &okyo. #=ith 5as,5 the sentence can mean that he cannot finish the brief during his trip$. #c$ 0o not use 5since5 in place of 5because.5 )ecause he has talked with the lawyer, we have decided they are serious. #=ith 5%ince5 instead of 5)ecause,5 the sentence can refer to time, i.e.& 5%ince the day he talked with the lawyer, I5$ ,.,.3 Re+e t i$+o#t nt 7o#d! "o# e$+h !i!. !ample: 3iveJ 3ive money when you see that women and children are hungry. 3ive sympathy when you can cheer a beaten man. 3ive time to study conditions in your own community. 3ive your whole self in an attempt to change and better the life of all humanity. #a$ %tate the points to be emphasi4ed in concrete and specific terms. &he minds of the readers respond more readily to the specific, the tangible, and the concrete. Conversely, the use of abstract terms serve to de1emphasi4e a point. A hungry man is not interested in an academic discussion, like nutrition or nourishment7 uppermost in his mind are si44ling steak, crispy pata& or hamburger. #b$ /lace the more important part in a prominent position, which is either the beginning or the end of the sentence. #c $ &ransitive words shall not be placed at the beginning or end of a sentence, unless the sentence is very short. #d$ &he main thought in the sentence should be put in the main clause in order to be emphasi4ed. 2.2.. Cse parallelism, which is the repetition of like words in the same order. /arallelism means like construction for like ideas. /resent e:ual ideas in similar sentence structure. "f you use a prepositional phrase for one idea, use another prepositional phrase for the second idea. "f you use a clause for the first idea, use also a

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clause for the second. !amples of parallelism are 'ulius Caesar(s 5" came, " saw, " con:uered.5 #instead of 5After " arrived, " looked and then " con:uered.5$ and /atrick 6enry(s 53ive me liberty or give me death.5 Absolute parallelism is not always re:uired, as in 56e talked slowly and with a stammer.5 /arallelism may be formed with two or more words, phrases, dependent clauses, independent clauses or sentences. #a$ Cse balance structures. Cnlike using similar words as in parallelism, a balance structure uses words which are roughly of the same length and which sound rhythmical to the reader(s ear. ,hythmic pattern within sentences increases readability. &he )ible uses abundantly the device of balance structure. #b$ Another way of attaining a rhythmic flow or se:uence of sound is the use of an alternation of stressed and unstressed syllables. &o determine the sub-ect, predicate and ob-ect of a sentence, ask yourself the :uestion: 5=ho is doing what to whom<5 &hen focus on these three key elements: the actor #5who5$, the action #doing what$, and the ob-ect #to whom$. 2.2.2 Avoid 5wordy5 sentences. &here are words which are not redundant, but which can be deleted from the sentence without changing the thought conveyed and on the other hand, making the sentence crisper and clearer. Cse a short sentence to emphasi4e a point. A short sentence is easier to read and makes a stronger statement. )ut, do not use such emphatic sentence in a row because this can cause an impression of an impatient, angry tone. And, do not use choppy sentence which read like telegrams. 2.2.B Avoid archaic or obsolete words. 2.2.; Avoid vulgar words. 2.2.D Cse connecting words to relate one sentence element to another #either1or, neither1nor, whether1or$.

45

%eparated: &he police could not e!plain how the accident occurred. &hey could not find an eyewitness. Combined: &he police could not e!plain how the accident occurred nor could they find an eyewitness. 2.2.E =henever possible, use action words instead of linking words. Ainking word: &he retirement plan was offered by the company. Action word: &he company offered the retirement plan. 2.2.1F Cse subordinating words to combine ideas # e.g.& after, although, as, because, if, since, though, unless, when, where$. &hese words are useful in showing that one idea in a sentence is less important than another idea in the same sentence. 2.2.11 )e consistent in using the same word for the same idea. 9nce you use a word in a writing, do not use its synonyms in the subse:uent portions thereof, for the sake of variety because the reader will be wondering if you are changing the sense of what you have said before. 2.2.12 Avoid coupled synonyms. Coupled synonyms are like redundant words, only the former involve nouns with the same meaning -oined together while the latter involve words modified by ad-ectives already implied therein. An e!ample of coupled synonyms is 5null and void and of no further force and effect,5 a phrase of pompous lawyers. Cse either 5null and void5 and delete 5of no further force and effect.5 2.2.1+ Avoid multiple words or compound construction when a single word will do. 9ne word is usually more effective than several words e!pressing the same thought.

8ore specially 1 >othing is more special than Hspecially.H /rotracted delay 1 H/rotractedH means HdelayH. H/rotracted hearingH and Hprotracted negotiationsH are however correct. Actual facts 1 All facts are actual. /resent incumbent 1 H"ncumbentH means one who holds office at the present time. Cnauthori4ed trespassing 1 All trespassing are unauthori4ed.

2.2.1. Avoid slang, collo:uial and dialectical usages in formal writing. 5Ain(t5 meaning 5am not5 has not been accepted in standard 46

nglish, both written and spoken. "t is unlike 5isn(t #for is not$, 5aren(t #for are not$, or 5weren(t #for were not$. 5About5 when used in the sense of 5almost5 is a collo:uial. 2.2.12 Avoid illiteracies, like 5irregardless,5 5inappealable,5 and 5dismissible,5 which are not found in the dictionary. 2.2.1B Avoid making impossible comparisons like comparing /hilippine laws with 'apan, instead of the laws of the /hilippines with the laws of 'apan. 2.2.1; 8odifying ad-ectives, adverbs, phrases and clauses should be placed close to what they are talking about and the relationship between these words and their antecedents should be clear and logical. 9therwise, you will have dangling modifiers.

=rong : Aying in the sun, the day was clear. Correct : Aying in the sun, " en-oyed the clear day.

0o not use a con-unction followed by a pronoun when linking a subordinate clause to a main clause. A con-unction can only be used when linking grammatical units of the same kind. A phrase cannot be -oined to a clause. 2.2.1D /ut your minor ideas in subordinate clauses or phrases and your main ideas in the main clauses or phrases. 2.2.1E Avoid mi!ing metaphors. 8i!ed metaphors result when the writer uses incongruous words in comparing ob-ects.

=rong : &he long arm of the law smelt the criminals in their hideouts. Correct : &he long arm of the law caught the criminals in their hideout.

2.2.2F %tart a sentence with a prepositional phrase, instead of an adverbial phrase. "nstead of 5As soon as summer comes, we will go up the mountains every %unday.5 #1+ words$, write 5"n the summer, we will go up the mountains every %unday.5 #11 words$. 2.2.21 Avoid overworked clichKs and weak e!pressions in formal writing:

After all is said and done

47

All in all All the farther #meaning Has for asH$ All the faster #meaning Has fast asH$

2.+ ffective %entences &o write effective sentences involves such matters as unity, completeness, coordination, word order, and transition. A sentence has unity when it contains a single thought or a group of closely related words. A sentence to be complete must have both a sub-ect and predicate. Coordination is the placing of important thoughts in main clauses and minor ideas in subordinate clauses. 2.+.1 &he usual word order of the elements of a sentence is: first, the sub-ect7 second, the predicate7 and third, the ob-ect. 9pen the sentence with its sub-ect. "f the sub-ect is placed at the end of the sentence, the reader will have to comprehend all the words that precedes it before it appears. For emphasis, the elements of the sentence may be inverted with the predicate at the beginning and the sub-ect at the end. &his is the periodic sentence, where the full meaning is not initially apparent and appears only at the end. &he reader is kept in suspense. Leep the sub-ect and the predicate closely together. &he sense of the sentence cannot be understood unless the sub-ect and the predicate are used as a unit. "n the sub-ect1verb1ob-ect pattern, the doer of the action is in the sub-ect position, the receiver of the action is in the ob-ect position, and the verb is in the middle position. &ransition refers to the method by which writers bridge gaps between what has been covered and what is to come. 2.+.2 /ointers to be observed in writing effective sentences #a$ Avoid choppy sentences that read like telegrams. #b$ Avoid boring and bland sentences. A writer can easily detect these sentences once he reads them. #c$ Avoid run1on sentences that do not know where to stop. #d$ Avoid beginning or ending a sentence with weak and relatively unimportant words or ideas. &his is where the attention of the reader is most keen. ,eserve the beginning 48

position for the more emphatic word. &here are times when a transitional word like 5and5 or 5but,5 ordinarily weak words, have to be placed at the beginning of a sentence for emphasis. #e$ Avoid continuous use of only one kind of sentence structure. "ntersperse long sentence among short sentences, compound sentences among single sentences, sentences with modifiers at the end among sentence with modifiers at the beginning or in the middle. #f$ Avoid shopworn :uotations or proverbs. #g$ Avoid ambiguity in sentences. 0oes the sentence 5'ose plays the piano as well as 'uan.5 mean that 'ose(s playing is as good as 'uan(s or simply that he too plays the piano< 0oes the sentence 5&he College /resident and the 0ean of =omen have decided to stop kissing in the campus.5 mean that the two had been kissing in the campus before or that students had been the ones doing the kissing< 0oes the traffic sign 5>o parking on both sides5 mean that cars can park on the street as long as they use only one side of the street or that they cannot park on any side of the street< !press your thoughts in affirmative, not negative sentences. #h$ Avoid mi!ed or mangled metaphors #e.g.& 5&he proof of the pie is in the pudding.5 instead of 5&he proof of the pudding is in the eating.5 #i$ %entences should vary in length. Csing several short sentences in succession or in a row can create an impression of an impatient, angry tone. Csing only short sentences makes the writing monotonous. "n this connection, use periodic sentences only for emphasis. A periodic sentence is so constructed that the emphatic word is placed at the end of the sentence and its full meaning is not initially apparent. &he reader is kept in suspense.

49

#-$ /ut the point to be emphasi4ed in a short sentence. %uch sentence is easier to read and makes a stronger statement. )ut do not use several emphatic sentences in a row because this can cause an impression of an impatient, angry tone. #k$ Cse the active voice. "t does not only shorten but strengthens the sentence. #l$ Cse balanced sentences. A balanced sentence is one in which related action, description or ideas are presented in the same form. "ncorrect : 6e liked biking and to -og. Correct : 6e liked biking and -ogging. 6e liked to bike and to -og. "ncorrect : )etty is bright and has intelligence. Correct : )etty is bright and intelligent. "ncorrect : 'ose is not only a good pianist but a fine conductor. Correct : 'ose is not only a good pianist but also a fine conductor. #m$ 0o not use compound sentences if simple sentences can e!plain your thoughts better. 9f course, there are cases when using compound sentences will produce a fuller e!pression of the message you want to convey. #n$ 0o not use long sentences. >either should you use very short, telegraphic sentence, e!cept for emphasis. #o$ nd your sentences swiftly and effectively. /ut significant words at the end of the sentences and avoid prepositions as much as possible in the final position.

50

GLOSSAR* OF LEGAL TERMS

&his glossary includes selected legal terms, which a -udge comes across in his readings or which he may need to use in his writings. a contrario sensu from the contrary sense a converso conversely a gratis argumentis for the sake of argument a mensa et thoro from bed and board a quo from which or whom ab inconveniente from hardship, from what is inconvenient ab initio from the beginning7 from first to last aberratio ictus wandering or stray blow7 a blow received by a person which is intended for another abusos deshones abuse of chastity accessio cepit principa an accessory follows the principal accion publiciana an action for recovery of possession filed after one year of the dispossession accion reinvindicatoria an action for recovery of title or ownership acto nulo a void act 51

ad damnum the statement of damages in a pleading dhe!ion cont# ct a contract drafted by the stronger party, then presented for acceptance to the weaker party, who has no power to modify its terms ad litem -ust for a particular action 7 a 5guardian ad litem5 is a guardian appointed to represent a minor or an incompetent -ust for a particular action. amicus curiae A friend of the court, one who appears in a legal action to give his views on the legal issues raised in the case. >ote the spelling of 5curiae5 arguendo for the sake of argument assumpsit A common law term to recover damages for the non performance of a contract c !e t 8 # the case being tried by a trial court in the e!ercise of its original -urisdiction c !e t 8ench the case being heard before an appellate court causa sine qua non the determining cause, without which something could not have occurred cestui que trust a beneficiary of a trust7 pronounced set1a1ku1trust ch ttel! a common law term for movable things, as in Chattel 8ortgage Aaw cho!e in ction right to sue for money or property7 the instrument evidencing such right #promissory note$ colo# mere semblance of a legal right #color of title$ 52

damnum damage de mesne possession of real property in one(s own name7 pronounced 5de1 men5 dictum something said in passing, not essential to the decision # see holding$ ejusdem generis of the same kind ex parte at the instance of one party only, without representation of the other side en banc that is, when all the -udges in a division or collegiate court are seated "ee !i$+le shortened form of 5estate in fee simple,5 referring to an absolute form of ownership feme sole a single woman ferae naturae wild animals "un&i8le &ood! 3oods of a kind in which all units are identical holdin& the precise issue or principle decided in a case #see dictum$ id est that is in esse in being7 e!isting in haec verba in the very words

53

in initio in the beginning in invitum without consent in pare materia on the same topic in personam in person, said of an action to make someone personally liable in propria persona in his own behalf, representing oneself, not by an attorney in re in regard to in rem said of an action to sub-ect specific property to liability inter alia among other things Intestate said of someone who dies without having made any will lex loci law of the place, the law of the place where the court is lex loci actus the law of the place of the act lex loci contractus the law of the place of the contract lex loci rei sitae the law of the place where the thing is located lis pendens a pending suit7 the -urisdiction ac:uired by a court over property involved in a suit pending the action mens rea criminal intent mutatis mutandis 54

the same e!cept for a change in details nil nothing7 4ero nunc pro tunc now for then, as in backdating per curiam by the court acting unanimously, hence there should be no dissent +lu# lit' it refers to a case when three or more persons are involved in an election and no one receives more than fifty #2F$ percent of the votes +#e!ent! a legal document as in 5Lnow All 8en )y &hese /resents5

pro se for oneself representing oneself without an attorney7 the same as in propria persona Puissne subordinate, associate 'udge7 pronounced as py1u1n. Scienter Lnowingly a party(s guilty knowledge Seriatim MadvN serially in a series7 Mad-N following stare decisis stand by what is decided7 'udges are bound by the decisions of their predecessors tabula rasa a clean slate7 used in decisions to mean 5&his issue has been passed upon clearly in other decisions5 terminus a quo the starting point vel non or not

55

JUDICIAL RESEARCH
I. INTRODUCTION &he purpose of legal research is to ascertain the legal conse:uences of a specific set of actual or potential facts. "t is always the facts of any given situation that suggest ? indeed dictate ? the issues of law that should be the sub-ect of research. &he key to successful legal research is organi4ation. As with any simple task, one needs a 5game plan5 that helps accomplish and complete the -ob as :uickly, efficiently and thoroughly as possible. For legal research, the best 5game plan5 is to break down the process into basic steps.

II. CONDUCTING LEGAL RESEARCH

1. C#itic l F ct1Rel ted Ste+! Th t Mu!t 2#ecede Re!e #ch In L 7 4oo9! 1.1 3athering the facts7 1.2 Analy4ing the facts7 1.+ "dentifying the legal issues raised by the facts7 and 1.. Arranging the legal issues in a logical order for research. 1.1 3athering the facts

/eople ? clients, witnesses, victims to an event &angible vidence ? contract, weapon, etc. )ooks, periodicals and reports !pert witness, if any

"n gathering facts from various sources in a particular case, use the 52 = and 1 65 techni:ue:

=ho did it and to whom< =hat was done< =hen was it done< =here was it done< =hy was it done< 6ow was it done<

56

1.2 Analy4ing the facts ? the &A,/ rule: & A &6">3 or %C)' C& 8A&& , in controversy ? /roperty< =ill< Automobile< Contract< CAC% 9F AC&"9> or 3,9C>0 9F 0 F >% )reach of contract< >egligence< &orts< "mpossibility of performance< , , A" F %9C36& Civil suit for damages< "n-unctive or declaratory relief< Abatement of nuisances< ,escission of contract< / /A,&" %, / ,%9>%, /AAC % 0o they fit within a group or class ? "nfancy or incapacity< ,elationship between parties ? husband O wife< mployer employee< Attorney O client< doctor O patient< Aandlord and tenant< Commercial activities or professional activities 1 "nsurance< )anking< medicine< %hipping< 1.3 Identi"'in& the Le& l I!!ue! Combining summaries of analysis would determine the specific legal problem. &hese issues are :uestions that the legal research process will attempt to answer. 1.- O#& ni:in& the Le& l I!!ue! In Lo&ic l O#de#. stopel<

&his will increase the efficiency and effectiveness of your research. 1.. Doin& Le& l Re!e #ch 1...1 Findin& the L 7 1..., Re din& the L 7 1...3 U+d tin& the L 7

57

,. L 7 Findin& Techni;ue! 2.1 Approaches 2.1.1 %peciali4ed approach 2.1.2 =ords and phrases or definition approach 2.1.+ 3enerali4ed approach through 2.1.+.1 encyclopedias 2.1.+.2 treatises*te!tbooks 2.1.+.+ law reviews 2.1.+.. other secondary legal sources 2.1.. 9r Ctili4ing 9ne of Four 8ethods 2.1...1 "nde!*0escriptive word or fact word approach 2.1...2 Lnown authority*statute or case method 2.1...+ Lnown topic*table or contents or analytical method 2.1.... 0efinition method 3. Cl !!i"'in& The I!!ue! In%ol%ed In The 2#o8le$ "s it a constitutional law problem< %tatutory< Administrative law< Case law problem<

-. Findin& The L 7 ..1 %ources of Aaw ..1.1 /rimary 8aterials &hese consist of the law itself, as e!pressed in the provisions of the Constitution, statutes, courts decisions, etc. &hey are mandatory authorities and are cited first. 8aterials are classified into: ..1.1.1 %tatute law ..1.1.2 Case law ..1.2 %econdary 8aterials All other written e!pressions of the law which interpret or analy4e primary authorities are secondary sources and are considered persuasive materials. 9ther secondary sources include legal periodical articles in the /hilippine Aaw 3a4ette, >ational Aaw ,eview, Ateneo Aaw 'ournal, Far astern Aaw ,eview, /hilippine Aaw ,eview, %an )eda Aaw 'ournal, other bar publications, and proceedings of law conferences. 58

..1.2.1 )ooks of %earch a$ Annotated ,eports*%tatutes with annotations as secondary authority

%upreme Court ,eports Annotated #%C,A$

Consult the )nde* to SCR+ +nnotations& Volumes , ./ ',0!,1,00/$ published by the C./. "nstitute of 'udicial Administration or the %C,A annotations on individual sub-ect fields which are published separately by the Central Aaw )ook Co.

/hilippine Annotated Aaws #/AA$ American Aaw ,eports #AA,$ C.%. Code Annotated #C%CA$ C.%. Code %ervice #C%C%$ C.%. Aaw =eek

b$ Aoose1leaf %ervices

/ublications of the Commerce Clearing 6ouse and /rentice 6all deal on labor law, ta!ation, etc. ncyclopedias Corpus 'uris %ecundum #C'%$ American 'urisprudence #Am. 'ur.$

c$

..1.2.2 )ooks of "nde! a$ )ooks of 0efinitions

8oreno, /hilippine Aaw 0ictionary %ibal, /hilippine Aegal ncyclopedia )lack(s Aaw 0ictionary )allentine(s Aaw 0ictionary )ouvier(s Aaw 0ictionary

%troud(s 'udicial 0ictionary of =ords and /hrases. #.th ed., 1E;.$. 2 v. =ords and /hrases. .2 v.

Consult digests under the term 5words and phrases5 b$ 0igests

59

8artine4, %ummary of %upreme Court ,ulings

/hilippine 0igest*,epublic of the /hilippine 0igest %C,A Puick "nde! 0igests Case 0igests of %upreme Court 0ecisions published by the %upreme Court. American 0igest %ystem #topic, case and descriptive approach$ 2ecennial 2igests up to the 1Fth 0ecennial 0igests, 1EDB ? 1EEB are published every 1F years, with the current volume entitled 3eneral 2igests in three to four volumes per year AA, 0igest, 1st to .th series 0i4on(s /hilippine Citations #1E+;$ /aras, /hilippine Citations

c$ Citations

%hepard(s Citations to various C.%. federal, state reports and particular >ational ,eporter %eries. &aQada O ,odrigo, /hilippine Aegal Forms 3uevara, /hilippine Aegal Forms, Annotated Fisher(s /hilippine )usiness and Aegal Forms %ia, Aegal Forms in nglish and Filipino 8artin, 6andbook of Aegal in 'udicial Forms

d$ Form1books*practice books

/eQa, Aegal Forms in ,eal state Conveyancing American 'urisprudence Aegal Forms Annotated, 1E2+ ? 1EB+ 1. v. in 12. 2nd edition, 1E;1 ? 1E;.. 22 v. in 2F American 'urisprudence /leadings and /ractice Forms ,abkin O 'ohnson, Current Aegal Forms, with &a! Analysis. 12 v. in 22.

e$ "nde!es

60

8agsino(s Compendium of /hilippine 'urisprudence7 %upreme Court 0ecisions form 1E.21 1EDF %upreme Court Aibrary %ervice, %ub-ect "nde! to the 9fficial 3a4ette #1E.211ED2. 2 v. #1EE+$ >ational ,eporter )lue )ook

f$ &ables

..1.2.+ 9pinions of Aegal !perts ..1.2.. 9ther %tate O Foreign %ources

!ample: C.%. -urisprudence in Constitutional Aaw

.. Re!e #ch in St tuto#' L 7 2.1 Constitution &he Constitution being the fundamental law of the land sets the standard against which all statutes are ultimately measured. 2.1.1 1E+2 Constitution

@. 1 and 2 of /hilippine Annotated Aaws #/AA$ %. Aaurel, /roceedings of the /hilippine Constitutional Convention, 1EBB. ; v. #sponsor, sub-ect and provision approaches$ Constitutional Convention ,ecords, 1EBB. 11 v. #6ouse of ,ep. ed.$ 'ournal of the Constitutional Convention of the /hilippines #ed. by @.'. Francisco$, 1EB11B2. 2 v. /hilippine Aawyers Association, /hilippine Constitution, origins, making, meaning and applications, . v. #%ub-ect approach$

2.1.2 1E;+ Constitution

Con1con Archives in the C./. Aaw Aibrary through its inde!es

2.1.+ 1ED; Constitution 2.1.+.1 &o know how certain provisions in the 1ED; Constitution were interpreted by its framers, it is best to consult the five1volume ,ecords of the /hilippine Constitutional Commission and its three1volume 'ournals. Access can be had to these by using the computeri4ed inde! in the C./. Aaw Aibrary arranged according to the number of 61

the Article of the provision, sub-ect and name of the sponsor*discussant. 2.1.+.2 %econdary sources:

)ernas, 'oa:uin, &he 1ED; Constitution of the ,epublic of the /hilippines 1EDD. 2 v. Cru4, "sagani A., /hilippine Constitutional Aaw #1EE;$. /adilla, Ambrosio ), &he 1ED; Constitution of the /hilippines with Comments and Cases, 8anila, /hilippine 3raphic Arts, 1ED;. 2 v.

.., T#e tie! nd Inte#n tion l A&#ee$ent! 2.2.1 &e!ts of treaties to which the /hilippines is a party are published in the:

1 9fficial 3a4ette #9.3.$

1 /hilippine &reaty %eries #/&%$ published by the C./. Aaw Center 1 Cnited >ations &reaty %eries #C.>.&.%.$

2.2.2 "nde!es:

P%ilippine 4reaties )nde*& ,05!1,0/. published by the Foreign %ervice "nstitute. 0ivided into two sections: )ilateral &reaties arranged alphabetically by country or international agency7 and 8ultilateral &reaties arranged alphabetically by sub-ect. "nde! to C.>.&.%. is published for every 1FF volumes and can used thru its alphabetical and chronological inde!es. 6.7. Multilateral 4reaties 2eposited "it% t%e Secretar81 3eneral9 %tatus as of + 0ecmber 1EE;. &his is published every three years. )nternational :egal Materials #/ublished by the American %ociety of "nternational Aaw$ Contains recent treaties and conventions as well as decisions dealing on international law.

..3 St tute! 2#o+e# As of 'une 1., 2FFF, 1;,F2; statutes had been enacted since 1EFF. 9ne could locate any /hilippine statute through the A R A"),"%, and /6"A'C,"% which are computeri4ed1assisted legal research tools containing te!t of laws thru number1title or sub-ect approaches. &he 62

,epublic Acts are printed in the O$$icial 3azette and the :a"s and Resolutions volumes of which are published by the 6ouse of ,epresentatives and the >ational /rinting 9ffice. 2.+.1 &erminology of %tatutes:

Acts or /ublic Acts #1EFF11E+2$ 1 .,2;2 laws Commonwealth Acts #1E+B11E.B$ 1 ;++ laws ,epublic Acts #1E.B ? %ept. 21, 1E;2$ 1 B,B+2 laws

/residential 0ecrees #%ept. 21, 1E;2 ? Feb. 2F, 1EDB$ 1 2,F+2 laws )atas /ambansa #'uly 2+, 1ED. ? Feb. 1, 1EDB$ 1 DE1 laws !ecutive 9rders #Feb. 2+, 1EDB ? 'uly 2B, 1ED;$ 1 +F2 laws ,epublic Acts #'uly 2;, 1ED; to present$

,A BB+B to ,.A. DDFF #'uly 1E, 2FFF$ which is the %afeguard 8easures Against "mport %urge Act 1 2,12B laws /hilippine Annotated Aaws, 2F v. and 1EB+ %uppl. . v. Albert O 0aga, /hilippine Aaws 8ade asier to Find. 1E2.

2.+.2 "nde!es

C./. Aaw Center, /hilippine /ermanent and 3eneral %tatutes #//3%$ #,evised ed., 1E;D$. 2 v. 8oran(s "nde! to ,epublic Acts with 1E2; %uppl.

9ffice of the /resident, /residential 0ecree 3uide O %ub-ect "nde!, >os. 111,FFF. 1E;B Feliciano, %ub-ect 3uide to /residential 0ecrees and other /residential "ssuances 1E;211E;2. =ith . %upplements 'uly 1E;211EDB by 8. Feliciano O A. %antos @ital Aegal 0ocuments "nde! 3uide, 1E;B. 'uan ,ivera, "nde! to ,epublic Acts, 1E.B11EB2.

@. Aguirre, %ub-ect O &itle "nde! to !ecutive 9rders Feb. 22, 1EDB1'uly 2B, 1ED;. ).C. Arroyo O /.%. Friane4a, &opical "nde! to 1ED; /residential "ssuances February 22, 1EDB1'uly 2B, 1ED;, C./. Aaw Center, 1ED;11EEF 2 v.

63

Current Aegal ,esources %ervices )ulletin, weekly update of /hilippine laws, %upreme Court 0ecisions and Administrative ,ules and ,egulations, no. 1, 2FFF Computer Assisted Aegal ,esearch with such products as A R A"),"% and /6"A'C,"% /hilippine Annotated Aaws #/AA$

2.+.+ &e!ts

/hilippine /ermanent and 3eneral %tatutes C./. Aaw Center, 2 v. 9fficial 3a4ette #9.3.$, v. 1, 1EF2 to date /ublic Aaws /assed by the /hilippine Commission. +1 v. %. 3uevara, /ublic Aaws Annotated, ; v. %. 3uevara, Commonwealth Acts Annotated. + v. 'acobo O %ons. /ublic Aaws of the Commonwealth. . v.

Aaws and ,esolutions of the ,epublic of the /hilippines, 1E.B11E;27 1ED; to date 1EDB O 1ED; /residential "ssuances7 An Annotated Compilation of !ecutive 9rders, /roclamations, 8emorandum Circulars and Administrative 9rders, edited by ).C. Arroyo O /.%. Friane4a, C./. Aaw Center, 1ED;11EEF. 2 v. @ital Aegal 0ocuments of the >ew %ociety. 11. v. Acts and ,esolutions passed by the )atasang /ambansa, 1E;D11EDB. Bv. Computer Assisted Aegal ,esearch through A R A"),"% O /6"A'C,"% #does not contain laws prior to 1E.B$

2.+.. Aegislative 6istory of Aaws &o determine legislative intent, there are two approaches: 2.+...1 Cse the inde! to the Congressional ,ecord or 'ournal 2.+...2 Cse 6istory of )ills and ,esolutions of the 6ouse of ,epresentatives or %enate volume which is arranged numerically by bill no. !amples: 6. >o. %. >o. /.). >o. C.). >o. Aocate the date of the second reading where the debates*discussions on the law are reproduced.

64

..- Ad$ini!t# ti%e Re&ul tion! nd Rule! 2...1 &he te!t of Administrative ,egulations are found in the:

9fficial 3a4ette

&he >ational Administrative ,egister, v. 1. 1EEF to date #:uarterly$ /ublications of particular administrative agencies such as:

% C Folio, 1E.B11E;B % C )ulletin Civil %ervice ,eporter Financial 'ournal Central )ank Annual ,eports and Compilations

"mplementing ,ules and ,egulations the Aabor Code Comprehensive Agrarian ,eform /rogram and /residential "ssuances 0angerous 0rugs )oard ,egulations 9mnibus "nvestment Code and "mplementing ,ules "nsurance ,eporter

A R A"),"% has C01,98s on: &a!ation7 Aocal Autonomy and Aocal 3overnment7 Aabor and %ocial Aegislation7 lection Aaw7 &rade, Commerce and "ndustry7 and nvironment and >atural ,esources7 0epartment of 'ustice 9pinions of the %ecretary. ach thematic disc contains laws, administrative regulations and decisions of the %upreme Court.

2...2 0igests and inde!es are provided by Current Aegal ,esources and %ervices7 and =eekly )ulletin, issue number 1 of which was published in 2FFF. 2.2 9rdinances 2.B Court ,ules 2.B.1 ,evised ,ules of Court #1EB2$

1EE1 ,evised ,ule on %ummary /rocedure, as amended 1EE; ,ules of Civil /rocedure 2FFF ,ules of Criminal /rocedure 65

%upreme Court issuances are compiled in %upreme Court Circulars, 9rders, ,esolutions #%upreme Court /rinting %ervice, 9ct. 1EEE$. "t consists of: /art ": 1E;+11EDE7 /art "": 1EEF11EEE with sub-ect inde!

..< Milit #' Rule! /. Re!e #chin& in C !e L 7 B.1 Case Aaw is divided into: B.1.1 Conventional decisions ? all rulings made by regularly or specially constituted courts. B.1.2 %ubordinate decisions ? all rulings made in accordance with law by administrative and legislative tribunals B.2 %upreme Court 0ecisions Court decisions are collected chronologically in volumes called case reports, and summari4ed by sub-ect matter in reference works called case digests. B.2.1 &e!ts of %upreme Court 0ecisions

P%ilippine Reports& v. 1, 1EF1 O$$icial 3azette, 1EF1 to date. Supreme Court Reports +nnotated #%C,A$, v. 1, 1EB1 #v. +F;, 8ay, 1EEE published to date$

Supreme Court 6npublis%ed 2ecisions9 ,05!1,0!;. #0.3. >itafan, comp.$ v.1, 8arch, 1E.B 1 8arch 1E22 O v.2, 8arch 12, 1E22 18arch +F, 1E2.. Computeri4ed legal resources C01,98 products like A R A"),"% and /6"A'C,"%

&he official website of the %upreme Court, www.supremecourt.gov.ph contains most recent decisions Case 2igests o$ Supreme Court 2ecisions. v. 1, 1EDE 1 Puarterly. #/ubli by the %C$.

B.2.2 %ub-ect Approach

66

0. 8artine4, Summar8 o$ Supreme Court Rulings& 1EDB ? 1EEB. /ublished annually in three to four volumes, it is arranged according to the eight bar sub-ects and H,esearch AidH in every topic gives previous decisions on the sub-ect matter. C.A. 8agsino, Compendium o$ P%ilippines <urisprudence 'Supreme Court 2ecisions $rom ,05= to ,0/;( . E v. with two1 volume 1EDE %upplement. SCR+ >uic# )nde* - 2igest& ,0!, - ,0 !. 2 v. with annual "nde!es P%ilippine :a" Report, 1+ v. 1, 1E;. to date, published monthly Republic o$ t%e P%ilippines 2igest 1D v. with 1F v. #1EB;1 1E;1$ %upplements. Vela8os 2igest o$ Supreme Court and Court o$ +ppeals 2ecisions. new series. #1E.211EBF$. 22 v. with annual supplements, 1EB111E;;. Current Aegal ,esources and %ervices7 =eekly )ulletin, no. 1, 2FFF 1 P%ilippine 2igest. @. B, E, 11 O 1+.

B.2.+ Case Approach

1 Republic o$ t%e P%ilippine 2igest. v. D, 1D and %upplement to volume 1D. %antos19ng, 4itle )nde* to Supreme Court 2ecisions& ,05=1 ,0 /. 2 v. with 1E;D11ED2 %upplement. Aguirre, 4itle )nde* to Supreme Court 2ecisions ,0/.1,0/=. 1 A R A"),"% and /6"A'C,"%

B.+ Court of Appeals 0ecisions B.+.1 &e!ts

O$$icial 3azette #selected decisions only$ Court o$ +ppeals Reports 7e" Series. .5 v. ',0!, - ,0 0( Court o$ +ppeals Reports +nnotated 'C+R+(. v. ,& ,0/! Sandiganba8an Reports& v. ,& ,0 0.

B.. 9ther Courts

B.2 0ecisions of Administrative Agencies and )oards.

SEC 2ecisions& 1E;;11ED1

67

CO+ 2ecisions ,ivera, 0ecisions of &he Civil %ervice )oard of Appeals, 1E.111EBF B.B.1 C.%. Federal %upreme Court 0ecisions

B.B American %etting C.%. ,eports C.%. %upreme Court ,eports, Aawyers d. %upreme Court ,eporter #=est /ub.$ C.%. Aaw =eek B.B.2.1 &e!ts:

B.B.2 Federal Appellate and 0istrict Courts 0ecisions Federal ,eporter Federal %upplement C.%. %upreme Court 0igest American 0igest %ystem AA, 0igest Federal Aaw 0igest

B.B.2.2 "nde!es:

B.B.+ %tate Courts 0ecisions ? 2F states B.B.+.1 &e!ts:

9fficial %tate ,eports >ational ,eporter %ystem American 0igest %ystem %tate 0igests Aegal ,esearch

B.B.+.2 "nde!es:

A R"% = %&AA= F">0 AA=

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<. Re din& The L 7 "nternal valuation through: ;.1.1 %urveys ;.1.2 Aegal /eriodicals ;.1.+ Annotations ;.1.. Aoose1Aeaf services ;.1.2 &reaties

=. U+d tin& The L 7

%hepards Citations /aras*0i4on(s Citations ,/ 0igest Citator @olume Com5!%er-A..".%e- Le3a( Re.earc'

>. 0#itin& *ou# Deci!ion /ay attention to the grammar, the substantive content, the lucidity of arguments and its development, the preciseness of the words used, and the accuracy and completeness of the citations. 1?. Gene# l 2ointe#! In Le& l Re!e #ch "n finding the law, your ultimate goal is to find mandatory primary authorities bearing on your legal problem. "f these are either scarce or none!istent, your ne!t priority should be to find persuasive primary authorities. Finally, if all else fails, you might rely on relevant secondary authorities. 1F.1 =henever your research focuses on primary sources, you should normally start with statutes, because they can control the other kinds of primary law #e!cept for constitutional provisions$7 administrative regulations e!ist only by virtue of a statute authori4ing their promulgations, and court decisions can be and often are1 overturned or at least modified by statutes 1F.2 0o not rely on summaries #e.g.& case headnotes, statutory annotations, generali4ations in legal encyclopedias$ as necessarily being either accurate or authoritative statements of the law. Although such summaries are helpful guides, they can never substitute for the primary authorities themselves. &o determine precisely what a summari4ed primary authority says or means, you must read it for yourself. 1F.+ ,emember that titles of sub1topics listed under the various topics in case digests, as well as inde!es in secondary reference 69

works #e.g.& legal encyclopedias$ do not classify legal sub-ect matter with scientific precision. Conse:uently, when you have found an entry you think is relevant to you research problem, you generally should e!amine neighboring entries also. 1F.. =hen doing a descriptive or fact word search in an inde! of a set of annotated statutes, an administrative code, case digest7 or some other primary search complete as soon as you find your first word listed, even if it has several inde! entries under it. &ry some of your other descriptive words, too7 they may lead you to still other relevant sources. 1F.2 =henever you do your research in a secondary source of the law, start by reading the table of contents, preface, or other introductory remarks, or any section with a title like 5%cope >ote5 or 5%cope Analysis.5 &hese sections will e!plain the reference work(s coverage and may help you determine at the outset whether the book will be useful in your research. %pending a few minutes determining a reference(s scope before investing e!tensive time reading through it will often prevent wasted research efforts. 1F.B Finally, always look for authorities that undermine the position for which you are contending as well as those that support it. "n legal research, you need to discover not only the law that helps you, but also the law that will hurt you, so you can anticipate and answer ob-ections that may arise to the arguments you advance. 1F.; Always begin your research from the latest to the earliest in order not to waste your time. )ut put the date of your research so that when the same problem occurs, you need only to update your research from that date.

III. CONCLUSION
&here are non1legal materials which could be used depending upon the nature of the problem. %kills in legal research are focused on the researcher(s critical need to know how to draw effectively or how to select from the myriad of lawbooks, the one book re:uired at any given point in solving a problem. &here is no uniform rule as to how e!tensive the research should be in solving a legal problem. &his is influenced by the nature of the problem, the available sources, the legal measures being adopted and of course, the

70

research habits and attitudes of the lawyers or researchers. )ut in any situation, please take note that co$$on !en!e has a significant bearing on the research procedure.

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