Académique Documents
Professionnel Documents
Culture Documents
Characteristics of Law
*requires the legal knowledge, skill, thoroughness and preparation 3. Sources of Laws
reasonably necessary for representation.
Constitution
3. Legal Research, Sources Legislation, Administrative or Executive Acts
-Involves the use of a variety of printed* and electronic sources. Judicial Decisions or Jurisprudence
Customs
*constitution, statutes, court decisions, administrative rules and
scholarly commentaries 4. Effectivity of Laws
4. Legal Research and Bibliography, Distinguished Art. 2, Civil Code. Laws shall take effect after 15 days upon
-Legal Research is the method or system of inquiry and investigation completion of their publication in the Official Gazette, unless
involving the actual use of the law books, while Legal Bibliography is otherwise provided.
concerned with the study of the materials essential to the inquiry of
the researcher. *EO 200 in newspaper of general circulation
LEGALRESEARCH 1 | PLATON
informed on matter of public concern is to be given to compel the Secretary of Finance and the CIR, herein
substance and validity. respondents, to implement RA 7167.
The publication of presidential issuances of public ISSUE: W.O.N. RA 7167 took effect upon its approval or after
nature or of general applicability is a requirement of 15 days upon its publication and if it covers taxable income
due process. It is a rule of law that before a person for year ended 1991.
may be bound by law, he must first be officially and
specifically informed of its contents. The Court HELD: RA 7167 took effect on January 30, 1992, after
declared that presidential issuances of general 15 days upon publication and not upon its approval
application which have not been published have no on December 1991 because the effectivity clause is
force and effect. defective. In the second issue, looking into the
contemporaneous
Taada vs Tuvera legislative intent, the Act was intended to adjust the
146 SCRA 446 poverty threshold level at the time said Act was
enacted and not in the future.
FACTS: This is a motion for reconsideration of the decision
promulgated on April 24, 1985. Farias vs Executive Secretary
Respondent argued that while publication was necessary as a 417 SCRA 503
rule, it was not so when it was otherwise as when the
decrees themselves declared that they were to become FACTS: RA 9006, The Fair Election Act, was signed
effective immediately upon their approval. into law by President Arroyo. Petitioners, members of
the Minority of the House of Representatives, filed a
ISSUES: W.O.N. a distinction be made between laws of general Petition to declare said Act unconstitutional because
applicability and laws which are not as to their publication; it violated Sec. 26, Article 6 of the Constitution
and W.O.N. a publication shall be made in publications of requiring every law to have only one subject which
general circulation. should be expressed in its title. Moreover, it is
violative of the Due Process Clause of the Constitution
HELD: The clause unless it is otherwise provided refers to with regards to Sec. 16 which states that This act
the date of effectivity and not to the requirement of shall take effect immediately upon its approval.
publication itself, which cannot in any event be omitted. This
clause does not mean that the legislature may make the law HELD: The effectivity clause of RA 9006 is defective,
effective immediately upon approval, or in any other date, but it does not render the entire law defective. Under
without its previous publication. Laws should refer to all the case of Taada vs Tuvera, the phrase unless
laws and not only to those of general application, for strictly otherwise provided refers to the date and not to
speaking, all laws relate to the people in general albeit there publication, which is indispensable.
are some that do not apply to them directly. A law without
any bearing on the public would be invalid as an intrusion of La Bugal-blaan Tribal Association, Inc. vs Ramos
privacy or as class legislation or as an ultra vires act of the 421 SCRA 148
legislature. To be valid, the law must invariably affect the
public interest eve if it might be directly applicable only to FACTS: On July 25, 1987, two days before the
one individual, or some of the people only, and not to the convening of the First Congress, President Aquino, in
public as a whole. her exercise of legislative power during the
All statutes, including those of local application and private Provisional Constitution, issued EO 279 with the
laws, shall be published as a condition for their effectivity, clause shall take effect immediately. EO 279 was
which shall begin 15 days after publication unless a different published on August 3, 1987.
effectivity date is fixed by the legislature.
Publication must be in full or it is no publication at all, since ISSUE: W.O.N. EO 279 violated EO 200 where a law
its purpose is to inform the public of the content of the law. shall take effect after 15 days following its publication
Article 2 of the Civil Code provides that publication of laws and W.O.N. legislative powers of the President ceased
must be made in the Official Gazette, and not elsewhere, as a to exist upon the convening of the First Congress two
requirement for their effectivity. The Supreme Court is not days after EO 279s issuance, thereby making such
called upon to rule upon the wisdom of a law or to repeal or issuance invalid.
modify it if it finds it impractical.
The publication must be made forthwith, or at least HELD: EO 279 is an effective and validly enacted
as soon as possible.1 statute. There is nothing in EO 200 that prevent a law
from taking effect on a date other than, or before, the
Umali vs Estanislao 15-day period after its publication. The 15-day period
209 SCRA 446 only applies to those laws that do not provide for its
own effectivity date. When EO 279 was published, it
FACTS: RA 7167, providing additional exemptions to became immediately effective upon its publication.
taxpayers, was signed and approved on December 1991 with On EO 279s validity, it was issued before the
the clause shall take effect upon its approval and was convening of the First Congress therefore the
published on January 14, 1992 in Malaya, a newspaper of President was validly exercising her legislative
general circulation. Petitioner filed a Petition for Mandamus powers.
1 Source: Internet
LEGALRESEARCH 2 | PLATON
5. Classification of Laws Tax -exaction of money from the state to achieve
legislative or general objective
Natural Law -divine inspiration in man, derives its force and
authority from God. Binding to the whole world As to application
Mandatory -non-compliance renders act void or illegal
A. Physical Law -universal rule of action that governs the Directory -non-compliance does not invalidate act
conduct and movement of things i.e law of
gravitation As to performance
______________________________________________________________________________ Permanent -continues in performance until altered or
B. Moral Law -establishes what is right and what is wrong as repealed
dictated by human conscience Temporary -fixed for a specified period
LEGALRESEARCH 3 | PLATON
*PREAMBLE does not create right nor grant any right, not a source
Note: of government power, not an essential part of a statute (Whereas)
*TITLE must have only one subject to prevent hodge-podge or
logrolling legislation, to prevent surprise or fraud, and to fairly People vs Echaves
apprise the people of the subject of legislation 95 SCRA 663
Hodge-Podge, Defined FACTS: Fiscal Ello filed before the lower court
-A mischievous legislative practice of embracing in one bill several separate informations against 16 persons charging
distinct matters, none of which, perhaps, could singly obtain the them with squatting penalized by PD 772. The
assent of the legislator, and then procuring its passage by a informations were dismissed on the grounds that (1)
combination of the minorities in favour of each of the measure into a entry should be by force, intimidation or threat and
majority that will adopt them all not through stealth and strategy as alleged; (2) PD
772 does not apply to the cultivation of a grazing land.
-Objective: to unite the legislators who favour any one of the Motion for consideration was likewise denied. The
subjects in support of the whole act. VOID phrase and for other purposes in the decree does
not include agricultural purposes because its
Test of sufficiency of title: indicates in broad but CLEAR terms in preamble does not mention the Secretary of
nature, scope and consequences of the proposed law and its Agriculture and makes reference to the affluent class.
operation Hence, the appeal to this Court.
In case of doubt as to the sufficiency of the title, the presumption is in HELD: Lower courts decision affirmed. The decree
favour of the validity of the acts does not apply to pasture lands because its preamble
shows that it was intended to apply to squatting in
urban communities or more particularly to illegal
constructions in squatting areas made by well-to-do
individuals. The squatting complained of involves
Lidasan vs COMELEC
pasture lands in rural areas. On the other hand, it is
21 SCRA 496
punished by RA 947 RATIONALE: The rule of ejusdem
generis does not apply to PD 772 where the intent of
FACTS: RA 4790 An Act Creating the Municipality of decree is unmistakable.
Dianaton in the Province of Lanao del Sur was signed
into law consisting of 21 barrios, 12 of which are from
Aglipay vs Ruiz
the municipalities of Parang and Buldon, province of
64 SCRA 201
Cotabato. The Office of the President recommended
the COMELEC to suspend the operation of the statute
until clarified. Notwithstanding, the COMELEC FACTS: Mons. Aglipay sought an issuance of
declared that the statute should be implemented prohibition from the court to prevent Director of
unless declared unconstitutional by the SC. Hence the Posts from issuing and selling postage stamps
petition for certiorari and prohibition filed by Bara commemorative of the 33rd International Eucharistic
Lidasan, a resident and taxpayer of the detached Congress which violates the provision that no public
portion of Parang, Cotabato and a qualified voter. money or property shall ever be appropriated,
applied or used, directly or indirectly, for the benefit,
or support of any sect, church, denomination or the
HELD: RA 4790 is unconstitutional because it violates
principle of separation of church and state.
the provision that no bill which may be enacted into
law shall embrace more than one subject which shall
be expressed in the title of the HELD: Petition denied. RA 4052 which appropriates a
sum of P60,000 for the said stamps contemplates no
bill
religious purpose in view. Stamps were not issued and
sold for the benefit of the Roman Catholic Church; nor
Two-pronged purpose combined in one statute: It money derived from the sale given to that church.
creates the municipality of Dianaton purportedly Moreover, what is emphasized is not the Eucharistic
from 21 barrios in the towns of Butig and Balabagan,
Congress itself but Manila as the seat of that congress.
both in the province of Lanao del Sur; and It also
dismembers two municipalities in Cotabato, a
RATIONALE: What is guaranteed
province different from Lanao del Sur
by our
Constitution is religious liberty and not mere religious
RATIONALE: Title to be couched in a language toleration. Religious freedom, as a Constitutional
sufficient to notify the legislators and the public and mandate, is not inhibition of profound reverence for
those concerned of the import of the single subject religion and is not a denial of its
thereof.
influence in human affairs
A title which is so uncertain that the average person
*BODY consists of only one subject, as long as the provisions are allied
reading it would not be informed of the purpose of
and germane to the subject
the enactment or put on inquiry as to its contents, or
which is misleading, either in referring to or
indicating one subject where another or different one *SEPARABILITY CLAUSE if so mutually dependent and connected, or
is really embraced in the act, or in omitting any intended as a whole, nullity of one part vitiates the rest
expression or indication of the real subject or scope
of the act, is bad.
LEGALRESEARCH 4 | PLATON
*DATE OF EFFECTIVITY publication in the Official Gazette, condition * Subordinate Decisions
for their effectivity1, except those interpretative regulations and those -Ruling of Boards, Commissions, and Administrative officers, and
internal in nature opinions of legal officers of the Government4
-Decisions of the Senate Electoral Tribunal and the House
D. Administrative Rules and Regulations of Representatives Electoral Tribunal
-Decisions of Administrative Agencies Exercising
E. Ordinances enacted by the Autonomous Regions QuasiJudicial Powers, such as:
-COMELEC
F. Ordinances enacted by Local Government Units -CSC
-Commission on Audit
3. Philippine Legislative System -NLRC
-Insurance Commission
4. When a Bill becomes a Law, Process -Housing & Land Use Regulatory Board
-DAR Adjudication Board
* Proposal to the committee
* 1st reading (in session, read title, author, synopsis) 3. Decision, Defined
* Referred to appropriate committee -Judgment, decree, or determination of findings of fact and/or of law
* 2nd reading (debate, interpolation, amendment, finalize) by a judge, arbitrator, court, governmental agency, or other official
* Endorse to plenary tribunal (court) 5
* 3rd reading (Vote via Viva Voce or Roll-call, Yeas or Nays)
* Second Committee (Repeat steps 2-6) A conclusion reached after an evaluation of facts and law.
Harmonization of the bill, if necessary: *When referring to judicial matters, a decision is not the same as an
opinion, although the terms are sometimes used interchangeably. A
* Parallel reading between house and senate decision is the pronouncement of the solution of the court or
-Bicameral Conference Committee (3rd House of Congress) judgment in a case, while an opinion is a statement of the reasons for
* Enrolled Bill its determination made by the court6
*signed by Senate President and Speaker of the House
* Submit to President for approval (approve/ veto/ lapse into law) 4. Parts of a Decision/ Ponencia:
______________________________________________________________________________
5. Civil Law and Common Law System, Distinguished -With respect to (1) Title (indicating the names of the parties)
laws, the former are written laws at the time it was crafted while the (2) Syllabus (summary of important points of decision)
latter are laws handed down by elders through memory of men, (3) Portion of the report that carries authority
originally unwritten then codified. In the former, judges only ______________________________________________________________________________
interpret the laws because the legislature has the exclusive power of (4) Statement of facts
promulgating such; while in the latter judges may legislate. (5) Abstracts of briefs of counsels (Arguments)
(6) Opinion of the court
IV. CASE LAW (7) Dispositive portion (decision) of the case
(8) Separate Dissenting or Concurring Opinion of Justices
1. Case Law, Defined
-the decisions, interpretations made by judges while deciding on the NOTE: Per curiam - Report agreed upon by all justices
legal issues before them which are considered as the common law or
as an aid for interpretation of a law in subsequent cases with similar 5. Effect of Decided Case (of the Supreme Court):
conditions. Case laws are used by advocates to support their views to
favor their clients and also it influences the decision of the (1) An authoritative settlement of the particular controversy before
judges.2 it; and
(2) As a precedent for future cases
-it comes from judicial authorities of the state and is the 2nd major
category of primary sources of law 6. Res judicata, Defined
-a matter adjudged, judicially acted upon or decided, or settled by
2. Classes of Case Law judgment. It provides that a final judgment on the merits rendered by
a court of competent jurisdiction is conclusive as to the rights of the
* Decisions Proper parties and their privies; and constitutes an absolute bar to
-Decisions by regular courts of Justice3 subsequent actions involving the same claim, demand or cause of
-Decisions of the Supreme Court action
-Decisions of the Court of Appeals
-Decisions of the Sandiganbayan 7. Requisites of Res judicata:
-Decisions of the Court of Tax Appeals
-Decisions of the Regional Trial Courts (1) The former judgment must be final;
-Decisions of the Metropolitan Trial Courts, the Municipal (2) The court that rendered it had jurisdiction over the subject matter
Trial Courts and the Municipal Circuit Trial Courts and the parties;
LEGALRESEARCH 5 | PLATON
(3) It is a judgment on the merits (rendered after consideration of latter to the impact of the decision as precedent
evidence and stipulations); and
(4) There is between the first and the second actions an identity Res Judicata and Law of the case, Distinguished
of parties, subject matter and cause of action (G.R. No. 141886 -The former forecloses parties in one case, while the latter does not
[2003])
have the finality of the former and applies only to a particular case.
1 Pedro Joven
2 West's Encyclopedia of American Law, edition 2 4 Studyworld.com, 2010
3 Civil Code, Paras (2008)
LEGALRESEARCH 6 | PLATON
time of actual payment invoking CA decisions with the complaint for illegal dismissal against petitioner on the
substantial factual similarity in this case, as well as Article ground that said provision violates her constitutional right of
1250 of the Civil Code. security of tenure and is contrary to the compulsory
retirement age of 65. Petitioner was found guilty of illegal
HELD: Petition denied. In a long line of cases, it has been held dismissal by the Labor Arbiter. On appeal, NLRC reversed the
that it is the value of the property at the time of taking that is ruling of the LA and upheld the validity of the retirement plan.
controlling for purposes of compensation. We find no Respondent filed a Motion for Reconsideration but was
application for Article 1250 because it pertains to contractual denied but modified its decision by adjudging the petitioner
obligations. liable for additional retirement benefits. Respondent then
appealed before the CA, which affirmed the modified decision
Moreover, petitioner cannot properly insist on the application of the NLRC. Respondent opted to accept the adverse
of the CA decisions. A ruling of the CA on any question of law judgment. Petitioner, on the other hand, filed a Petition for
is not binding on this Court. In fact, the Court may review, Review on Certiorari in reference to its liability.
modify or reverse nu such ruling of the CA.
HELD: Petition denied. This Court is already without
RATIONALE: The owner of the private property should be jurisdiction to take cognizance of the present Petition. By the
compensated only for what he actually loses; it is not intended petitioner and respondents inaction and presumed
that his compensation shall extend beyond his loss or injury. acquiescence, respectively, the findings of the NLRC and the
CA, attained finality and thus, became final and executory not
Ayala Corporation vs Rosa-Diana Realty and having been timely appealed.
Development Corp
Lambino vs COMELEC
346 SCRA 663
505 SCRA 160
FACTS: Petitioner sold a parcel of land to Manuel Sy and Sy Ka
Kieng. The Deed of Sale executed between the parties US vs Ruiz
contained special conditions of sale: Submission of building 136 SCRA 487
plans for Ayalas approval, period of construction, and no
resale of the said property. The buyers failed to construct and FACTS: USA had a naval base in Subic Zambales. The base was
the lot was then sold to herein respondent, with Ayalas one of those provided in the Military Bases Agreement
approval, promising to abide by the said special conditions. between the Philippines and the US. Sometime in May 1972,
Building plans of The Peak were sent to Ayala and, a the US invited the submission of bids for the repair of its naval
substantially different one, to the building official of Makati. equipment. Eligio de Guzman and Co. submitted their bids.
Ayala filed before the lower court an action for specific Subsequently, it received 2 telegrams requesting it to confirm
performance of contractual obligation, in an alternative, its price proposals. On June 1972, the company received a
rescission of the sale, which was denied. Undeterred, Ayala letter which was signed by William I. Collins of the US Navy
tried to cause the annotation of a notice of lis pendens on the stating that it did not qualify to receive an award because of
title but was denied by the Register of Deeds of Makati. The its unsatisfactory performance ratings. The company then
Land Registration Authority reversed the ruling but was filed a petition in the trial court to issue a writ of preliminary
overturned by the CA. Rosa-Diana filed a Demurrer to injuction, which the RTC affirmed. Hence this petition.
Evidence averring that Ayala failed to establish its right to the ISSUE: W.O.N. our courts have jurisdiction over the
relief sought which was sustained by the trial court. Ayala was present case; W.O.N. the respondent judge erred in
guilty of abandonment and/or estoppel due to its failure to applying the case of Lyons vs USA
enforce the terms of the deed of restrictions and special
conditions of sale. The CA affirmed the ruling of the trial court HELD: Petition granted. The traditional rule of State
saying that the appeal is sealed by the doctrine of the law of immunity exempts a state from being sued in courts
the case with reference to a previous case. Thus, Ayala is of another state without its consent. The reliance
barred from enforcing the Deed of Restrictions. placed on Lyons by the respondent judge is misplaced.
Hence, the appeal to this Court. In the case, it can be seen that the statement in respect
of the waiver of State Immunity from suit was purely
HELD: The decision of the CA is reversed and set aside. The gratuitous and therefore obiter, thus, it has no value
law of the case or stare decisis cannot be held applicable in the as an imperative authority.
case at bench. The sole issue raised before the appellate court
was the propriety of the lis pendens annotation. RATIONALE: The restrictive application of State
Immunity is proper only when the proceedings arise
RATIONALE: The ruling covered by the doctrine of the law of out of commercial transactions of the foreign
the case is adhered to in the single case where it arises, but is sovereign. It does not apply where the contract relates
not carried into other cases as precedent. to the exercise of its sovereign functions. in the case at
bar, the projects are an integral part of the naval base
Silliman University vs Fontelo-Paalan devoted to the defense of both the US and the
525 SCRA 759 Philippines, indisputably a function of the
government.
FACTS: Respondent was employed by the petitioner and was
assigned to the Medical Records Section of the Silliman IV. BOOKS OF SECONDARY AUTHORITY
University Medical Center. She was later promoted as the
Head, the position she held until her retirement at the age of V. LEGAL RESEARCH
57 pursuant to the provisions of the petitioners retirement
plan. Accordingly, respondent received her retirement Legal Authority, Defined
benefits. Three years after, respondent filed with the NLRC a -Authority that will aid in finding a solution to a legal problem
LEGALRESEARCH 7 | PLATON
Reasoning Rule of Law applied
1. Primary and Secondary Legal Authority, Distinguished -Primary
Legal Authorities are authorized statements of law issued by Disposition --
governmental bodies; while Secondary Legal Authorities are
descriptions of, or commentary on, the law
Comments Opinion
LEGALRESEARCH 8 | PLATON
ISSUE: Is the failure of the husband to have sexual
intercourse with his wife from the time of the (4) Shown to be medically or clinically permanent
marriage until their separation on March 15, 1989 a
ground for psychological incapacity (5) Must be grave enough to bring about the disability of the
party to assume the essential
HELD: One of the essential marital obligations under obligations of marriage
the Family Code is to procreate children based on the
universal principle that procreation of children (6) The essential marital obligations must be those
through sexual cooperation is the basic end of embraced by Arts. 68-71 of the Family Code
marriage.
(7) Interpretations given by the National Appellate
In the case at bar, the senseless and protracted refusal Matrimonial Tribunal of the Catholic Church in the
of one of the parties to fulfill the above marital Philippines, while not controlling, should be given great
obligation is equivalent to psychological incapacity. respect by our courts
Judgment AFFIRMED. (8) The trial court must order the fiscal and the Solicitor-
General to appear as counsel for the State. No decision
Republic vs. CA shall be handed down unless the
268 SCRA 198 Solicitor General issues a certification, which will be quoted
in the decision, briefly stating his reasons for
FACTS: On April 14, 1985, plaintiff Roridel O. Molina his agreement or opposition to the petition
married Reynaldo Molina which union bore a son.
After a year of marriage, Reynaldo showed signs of Judgment reversed and set aside.
immaturity and irresponsibility as a husband and
father as he preferred to spend more time with his Hernandez vs. CA
friends, depended on his parents for assistance, and 320 SCRA 76
was never honest with his wife in regard to their
finances resulting in frequent quarrels between them.
FACTS: Lucita Estrella married Mario Hernandez on Januray
The RTC granted Roridels petition for declaration of
1, 1981 and they begot three children. On July 10, 1992, Lucita
nullity of her marriage which was affirmed by the CA.
filed before the RTC of Tagaytay City, a petition for annulment
of marriage under Article 36 alleging that from the time of
ISSUE: Do irreconcilable differences and conflicting their marriage, Mario failed to perform his obligation to
personalities constitute psychological incapacity? support the family, devoting most of his time drinking, had
affairs with many women and cohabiting with another
HELD: There is no clear showing that the women with whom he had an illegitimate child, and finally
psychological defect spoken of is an incapacity. It abandoning her and the family.
appears to more of a difficulty, if not outright
refusal or neglect in the performance of some The RTC dismissed the petition which was affirmed by the CA.
marital obligations.
ISSUE: Whether there was psychological incapacity under
Mere showing of irreconcilable differences and Article 36.
conflicting personalities in no wise constitutes
psychological incapacity. It is not enough to prove that
HELD: Petitioner failed to establish the fact that at the time
the parties failed to meet their responsibilities and
they were married, private respondent was suffering from
duties as married persons; it is essential that they
psychological defect which in fact deprived him of the ability
must be shown to be incapable of doing so, due to
to assume the essential duties of marriage and its
some psychological (not physical) illness.
concomitant responsibilities. As the Court of Appeals pointed
out, no evidence was presented to show that private
The evidence merely adduced that Roridel and her respondent was not cognizant of the basic marital
husband could not get along with each other. There obligations. It was not sufficiently proved that private
had been no showing of the gravity of the problem, respondent was really incapable of fulfilling his duties due to
neither its juridical antecedence nor its incurability. some incapacity of a psychological nature, and not merely
physical.
The following guidelines in interpretation and application of Private respondents alleged habitual alcoholism, sexual
Article 36 of the Family Code are hereby handed down for the infidelity or perversion, and abandonment do not by
guidance of the bench and the bar: themselves constitute grounds for finding that he is suffering
from a psychological incapacity within the contemplation of
(1) Burden of proof belongs to the plaintiff the Family Code. It must be shown that these acts are
manifestations of a disordered personality which make
(2) Root causes of PI must be: medically or clinically private respondent completely unable to discharge the
identified; alleged in the complaint; sufficiently proven by essential obligations of the marital state, and not merely due
experts; and clearly explained in the to private respondents youth and selfconscious feeling of
decision being handsome, as the appellate court held.
LEGALRESEARCH 9 | PLATON
G.R. No. 136490, October 19, 2000
ISSUES:
1) Whether personal medical or psychological
examination of the respondent by a physician is a
requirement for a declaration of psychological incapacity
2) Whether the totality of evidence presented in this
case show psychological incapacity.
LEGALRESEARCH 10 | PLATON
observe the guidelines as outlined in Republic v. CA and
Molina, 268 SCRA 198
In 1990, Erlinda filed with the RTC of Olongapo City a -Shepards Citations published by Shepards McGraw-Hill, lists
petition for nullity of marriage for psychological virtually every published case by citation, in both official and
incapacity. On December 17, 1990, the date set for unofficial reporters, and then list under its citation every subsequent
presentation of evidence, only Erlinda and her case that has cited the case in question. The process of updating a case
counsel appeared. Erlinda testified and presented her through this method is referred to as Shepardizing.
sister-in-law, Virginia Dagdag, as her only witness.
Virginia testified that she is married to the brother of 2. Indexes
Avelino. She testified that Erlinda and Avelino always -The word index usually means a subject-index which is like the
quarreled, and that Avelino never stayed for long at index found in textbooks, statutes, etc. A subject index is an
the couples house. Thereafter, Erlinda rested her alphabetically arranged topical words in which, by means of
case. The RTC declared the marriage null and void references under each topic, material relating to these topics
under Article 36 of the Family Code which was
expressed in appropriate words is digested
affirmed by the CA.
3. Bibliographies
ISSUE: Whether the husband suffers from
-A bibliography is a list of descriptions of published materials either
psychological incapacity as he is emotionally
relating to a given subject, or by a given author. A bibliography of law
immature and irresponsible, a habitual alcoholic and
books may refer to a list of an authors legal words, or of the
a fugitive from justice.
literature bearing on a particular subject or field of law
HELD: Taking into consideration these guidelins laid
down in the Molina case, it is evident that Erlinda VIII. ELECTRONIC RESEARCH
failed to comply with the required evidentiary
requirements. Erlinda failed to comply with guideline Philippine Laws Premium Edition
No. 2 which requires that the root cause of
psychological incapacity must be medically or Contents:
clinically identified and sufficiently proven by 1. Subject Index
experts, since no psychiatrist or medical doctor 2. Selected Laws with Annotations
testified as to the alleged psychological incapacity of 3. Philippine Constitutions
her husband. Further, the allegation that the husband 4. Statutes
is a fugitive from justice was not sufficiently proven. 5. Presidential Issuances
In fact, the crime for which he was arrested was not 6. Supreme Court Issuances
even alleged. The investigating prosecutor was 7. Spanish Era Code
likewise not given an opportunity to present 8. Treaties
controverting evidence since the trial courts decision
9. Implementing Rules and Regulations
was prematurely rendered.
10. Rules and Procedures
Judgment reversed and set aside.
Jurisprudence 1.
G.R. Nos.
VII. BASIC LEGAL CITATION
2. Cases from 1901-2009 (2010, 2nd Quarter)
LEGALRESEARCH 11 | PLATON
X. SPECIAL TOPICS 3. Supplement or evaluate it
Legal Research - applying the law in the given set of facts B. Topic Method
FACTS EVIDENCE LAW Read also: Manual of Supreme Court on Legal Writing, Judicial
Writing by Dr. Ng (page 156-166) re: Citing Constitutions, Statutes,
Administrative Orders, and Foreign Materials
The duty of the legal researcher arises on the third instance where
you have both the facts and the evidences but not the law
Cases
-Published reports of dispute which have come before the court
including the reason for the decision and the decision itself
-Published reports found in the Official Gazette, Philippine Reports, BASIC LEGAL CITATION by Dr. Ng Po
SCRA, SCANT, etc
I. Introduction
Case Brief
-Written summary of the abstract of the case, in your own words Legal research is the search for authority that can be applied to a given
set of facts and issues. Legal research and analysis involve
determining how the law applies to the facts of the case, which in turn
Case Brief, Elements
requires knowledge of what the law is, how to find it, and the
1. Facts
general principles that govern its application (Putman, 2004)
-Contains the parties involved, date of the case, controversies, cause
of action (arises from the act of another violating the right of
Legal citation is the style of crediting and referencing other
someone, the latter having the cause of action)
documents or sources of authority in legal writing (Wikipedia)
2. Issues
Manual of Judicial Writing: Substance and form are the basic
-Problem, sub-issues
elements of all human creation. One without the other would be
useless. The purpose of the Manual is to provide a standardized form
3. Arguments
for the substance of Supreme Court decisions and resolutions. The
-Parties, court, discussion of pros and cons aim is to provide tools for clarity while leaving plenty of room for
-Formulation through general proposition from considering facts individual style and preference
(inductive reasoning)
II. Purpose of Legal Citation
4. Decision
-Application of the law According to former Chief Justice Hilario Davide (2005), words are
the lifeblood of judicial decision or of any other form of writing. When
Obiter Dicta (not binding) the right words are used, they serve as gems that give luster to a
-Proposition or statement not pertinent in deciding the issues in the message or idea. On the other hand, gobbledygook, legal jargon,
case or archaic language is likely to take away the vigor of a message
LEGALRESEARCH 12 | PLATON
authorities to check as well as in what order to consult them and to
permit efficient and precise retrieval -- all of that, without consuming II RECORD, HOUSE 6TH CONGRESS 1ST SESSION 24 (June 24, 1966)
any more space or creating any more distraction than is absolutely
necessary (Adapted from Cornell VI. How to cite Administrative Materials and Regulations
Library 2005, with permission)
1. Treaties: name of the treaty or agreement, the date of signing, the
III. Types of Citation Principles parties, the subdivisions referred to (if applicable), and the source
1. Full Address Principles: Principles that specify Treaty of Friendship with India, July 11, 1952 (1953), II-2
completeness of the address or identification of a cited document or
document 2. Executive and Administrative Issuances:
portion in terms that will allow the reader to retrieve it A. issuance followed by the year of effectivity in parentheses, and
the specific article or section
2. Other Minimum Content Principles: Principles that call for
the inclusion of additional information items beyond a retrieval Executive Order No. 329 (1972)
address -- the full name of the author of a journal article, the year a
decision B. Presidential Acts under Martial Law
was rendered or a statutory codification last updated
General Order No. 39 (1972)
3. Compacting Principles: Principles that reduce the space
taken up by the information items included in a citation. These C. Other Executive Issuances
include standard abbreviations (Supreme Court becomes S.C.)
and Secretary of Justice Opinion No. 271, s. 1982
principles that eliminate redundancy
D. Cite Rules and Regulations: abbreviated name of the agency
4. Format Principles: Principles that punctuation, together with the designation employed in the rules, serial
typography, order of items within a citation, and the like. number,
year of promulgation in parentheses, and the section or paragraph
IV. How to cite Constitutions
Labor Employment Service Regulation No. 3 (1966)
1. Constitutional Text
E. Cite provincial, city, and municipal ordinances: name of the local
CONSTITUTION, Art. VI, Sec. 2 government unit, serial number of ordinance, and date of adoption
CONSTITUTION, (1935), Art. III, Sec. 1, par. (3)
Manila Ordinance 6120, January 26, 1967
*When the Constitution is no longer in force, enclose the year when it
took effect in parentheses VII. How to cite Court Decisions
2. Constitutional Proceedings: cite the volume in roman numeral, 1. Decisions and Resolutions
followed by the word RECORD/JOURNAL, CONSTITUTIONAL
COMMISSION, the page number, and the date of deliberation in A. Case Title: surname of the opposing parties first mentioned
parentheses
B. Exceptions
II RECORD, CONSTITUTIONAL COMMISSION 24 (June 24, 1986) -cite Islamic and Chinese names in full
V. How to cite Statutes, and Similar Materials Lim Sian Tek v. Ladislao (Not Lim v. Ladislao)
1. Session Laws: cite the law, followed by the year of -cite compound names in full
effectivity in parentheses, and the specific article or section
People v. De Guzman (Not People v. Guzman)
Republic Act No. 4723 (1966), Sec. 2
-cite names of corporations, associations, business firms and
2. Codes: cite the name of the particular code and specific partnerships in full. Words forming part of such names may be
article or section (if numbered continuously; or the headings, from abbreviated, except the first word
general to specific, followed by the article or section (if not numbered
continuously) Mata v. Rita Legarda, Inc.
CIVIL CODE, Art. 297 -cite cases involving the Government of the Philippines and criminal
CIVIL CODE (1889), Art. 67 cases as follows:
ADMINISTRATIVE CODE, Book IV, Title 1, Chapter 9, Sec. 29
U.S. v. Jaranilla
*When the code is no longer in force, enclose the year of effectivity in Government v. Abadinas
parentheses after the name of the code Republic v. Carpin
People v. Santos
3. Legislative Proceedings: cite the volume in roman numeral,
followed by the word RECORD/JOURNAL, HOUSE/ SENATE, the -cite cases involving public officers as follows:
specific Congress, the session number, the page number, and the
date of deliberation in parentheses Gonzales v. Hechanova (Not Gonzales v. Executive Secretary)
LEGALRESEARCH 13 | PLATON
constitutions
-cite local government units by their level, followed by their official
name Concepcion v. Paredes, 42 Phil. 599, 607 (1921)
Concepcion v. Paredes, supra
Province of Rizal v. RTC Concepcion v. Paredes, supra at 601
Concepcion v. Paredes, supra note 1, at 601
-cite case names beginning with procedural terms like In re. as they
appear in the decisions. Use In re instead of In the matter of 2. Id - when citing the immediately preceding footnote that
has only one authority
In re Elpidio Z. Magsaysay
1 Concepcion v. Paredes, 42 Phil. 599, 607 (1921)
2 Id.
-in consolidated cases, cite only the first case 3 Id. at 601
In Mabuhay Textile Mills Corp v. Minister Ongpin, the court held that xxx
1
3. Introductory Signals
___________________
1 225 Phil. 383 (1986) A. Signals that indicate support
3. ROLLO & Other Court Records B. Signal that suggests a useful comparison
A. Rollo. Capitalize the word rollo only at the beginning of a Compare x x x [and] x x x with x x x [and] x x x
citation or a sentence
C. Signals that indicate contradiction
Rollo, p. 21
CA rollo, pp. 109-122
Sandiganbayan rollo, p. 9
But see Cited authority directly states or clearly
CTA rollo, p. 10 supports a proposition contray to the
-If there are two or more volumes: main proposition
But cf. cited authority supports a proposition
Rollo, Vol. 3, p. 21 analogous to the contrary of the main
proposition
-In consolidated cases:
But should be omitted from But cf. whenever it
follows But see
Rollo (G.R. No. 123456), p. 21
Exhibit .A,. p. 21
LEGALRESEARCH 14 | PLATON