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LEGAL RESEARCH - Trial Courts (RTC, MTC, MCTC)

Chapter 1 - Third primary source


INTRODUCTION TO LEGAL RESEARCH - administrative law, or the regulations and
A. Legal Research, Defined decisions of government agencies
It is the process of finding the laws, rules and - state agencies promulgate regulations governing
regulations that govern activities in human society. behavior within their areas of expertise
It involves locating both the laws and rules which are - agencies also act in “quasi-judicial” capacity by
enforced by the State and the commentaries which conducting hearings and issuing decisions to resolve
explain or analyze these rules. particular
Legal Research is also defined as the investigation disputes
for information necessary to support legal decision 2. Secondary Materials (commentaries and
making. Legal Research includes each step of a annotations) – vary widely in purpose and quality,
process that begins with analyzing the facts of a ranging from authoritative treaties by great
problem and concludes with applying and academic scholars to superficial tracts by hack
communicating writers. It can help analyze a problem and provide
the results of the investigation. research references to
B. The Need for Legal Research both primary sources and other secondary materials
In order to provide a competent representation - Publications which are not primary authority but
which requires the legal knowledge, skill, which discuss or analyze legal doctrine are
thoroughness and preparation reasonably considered secondary materials:
necessary for the representation. - Treatises
To uphold the standards of the legal profession - Commentaries
In order to become a competent practitioner - Encyclopedias
- Most influential legal writings
In order to conduct legal research effectively, a - academic journals (law reviewers of law schools)
lawyer should have: - IBP journals and Lawyers Review
a working knowledge of the nature of legal rules - secondary materials through the use of:
and legal institutions - law library catalog
the fundamental tools of legal research, and - legal periodical indexes
the process of devising and implementing a - other bibliographic aids
coherent and effective research design - commentaries from the primary sources
3. Finding Tools – search materials to locate legal
C. Sources of Legal Research sources; means of locating primary sources
Legal research involves the use of a variety of - SCRA Quick Index-Digests
printed and electronic sources. - PHILJURIS & LEX LIBRIS – computer based legal
Printed sources: research systems, provide the capability to search
· Constitution for cases and other documents by using practically
· Statutes any word or combination of words.
· Court decisions
· Administrative rules Chapter 2
· Scholarly commentaries THE LEGAL RESEARCH PROCESS
Computer databases containing these and other A. Systematic Approach to Legal Research - basic
materials have dramatically changed the nature of steps are recommended:
legal research and 1. Identify and Analyze the Significant Facts –
improved its effectiveness. begins with compiling a descriptive statement of
legally significant facts.
D. Sources of Law - Three broad categories: The TARP Rule is a useful technique to analyze your
1. Primary Sources - those recorded laws and rules facts according to the following factors:
which will be enforced by the State (pure laws) T – Thing or subject matter
- First major primary sources A – Cause of Action or group of defense
- legislative actions R – Relief sought
- codes P – Persons or parties involved
- statutes 2. Formulate the Legal Issues to be Researched -
- Second major category - judicial decisions this is the initial intellectual activity that presumes
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- Supreme Court some knowledge of


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- Court of Appeals
the substantive law. The goal is to classify or now deciding it. Include those facts that are relevant
categorize the problem into general, and to the issue the court must decide and to the
increasingly specific, subject areas and to begin to reasons for it decision. You will not know which facts
hypothesize legal issues. are relevant until you know what the issue or issues
- Consult general secondary sources for an overview are.
of all relevant subject areas, this can be used to State the plaintiff ad defendant
provide background information to help formulate Basis for plaintiff’s suit
issues; they are tools NOT the objects of research Plaintiff’s relief
- Statement of the issues should be arranged in a Include the ruling of the Lower Court and Court of
logical pattern to form an outline Appeals
3. Research the Issues Presented – begin to 2. Issue(s) – question that the court must decide to
research the issue resolve the dispute between the parties in the case
a. Organize and Plan – write down all sources to be before it.
searched under each issue to be researched, even if Identify the rule of law that governs the dispute
sources and ask how it should apply to those facts
are repeated 3. Ruling – court’s decision on the question that is
b. Identify, Read and Update All Relevant actually before it, but if they do not relate to the
Constitutional Provisions, Statutes and question actually before it, they are dicta or dictum
Administrative Regulations – these primary sources (expression of opinion or a point other than the
can be identified in several ways: precise issue involved in
- Statutory Compilations – tables of contents and determining a case).
indexes that list the subject and topics covered by * provides the answer to the question asked in the
thestatutes issues
- Computer-Assisted Legal Research * supported by court’s reasoning explaining and
- PHILJURIS and LEX LIBRIS supporting the court’s decision
- Secondary Sources – treaties and commentaries
and law review articles, commonly cite relevant B. Synthesizing Cases – process of relating the cases
constitutional provisions, statues, and to each other. By this process, we can understand
administrative regulations the applicable area of law and then use the synthesis
c. Identify, Read and Update All Relevant Case Law – to analyze the problem
note its full citation, the ponente, date of decision, 1. Understand the applicable area of law
relevant facts, the holding, summary of the court’s 2. Use the synthesis to analyze the problem
reasoning, and the sources cited by the Court 3. Synthesizing is the step between your research
d. Refine the Search – expand your arguments and your writing

4. Update – consult the PHILJURIS or LEX LIBRIS to Chapter 4


determine whether the authorities have been STATUTORY LAW
interpreted or altered in any way, or whether new STATUTORY LAW consists mainly of the following:
cases, statutes or regulations have been published; 1. The 1987 Constitution
law changes constantly; our Congress passes new 2. Treaties and International Agreements
statutes and modify old ones; our Supreme Court 3. Statues enacted by Legislature
either refines the law or reaffirms the law or even 4. Administrative Rules and Regulations
changes the interpretation of the law. 5. Ordinances enacted by Autonomous Region
6. Ordinances enacted by Local Government Units
Chapter 3 1. THE PHILIPPINE CONSTITUTION – “law” and law
FUNDAMENTAL RESEARCH SKILL: CASE BRIEFING of the highest authoritativeness and obligation. As
AND SYTHESIS OF CASES “supreme law of the land”, it is the ultimate
A. Case Briefing – process of digesting or the authority to which reference must be made to
condensation of a reported case. There is no one determine the validity of national laws,
“correct” form for a case brief administrative regulations, local ordinances and
since it is a document that is created to meet the executive actions.
student’s needs. The typical components of a case a. Spanish Period
brief are: - Leyes Constitucionales de Espana
1. Facts –describe the events between the parties - Derecho Parliamentario Espanol (3 volumes)
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leading to the litigation and tell how the case before - Ponce, Efemerides Filipinas
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the court that is - Prologue, Filipinas en las Cortes


b. The Treaty of Paris - Philippine Constitutional Law (Malcolm and Laurel,
- Official Gazette, Vol. 1 (Appendix) Lawyers Cooperative Publishing Co., Manila,
- U.S. Statutes at Large, Vol. 30 1936)
- Public Laws (Philippine Commission and Philippine - Constitution of the Philippines (Tanada and
Legislative) Fernando, 1952)
- Acts of Congress and Treaties Pertaining to the - Philippine Constitutional Law (Martin, Rev. Ed.,
Philippine Islands Philaw Publishing, Manila, 1954)
c. The Malolos Constitution of 1899 - Constitutional History (Francisco, East Publication,
- Heraldo de la Revolucion Manila, 1956)
- La Revolucion Filipina (Apolinario Mabini, - Political Law of the Philippines (Tanada and
published by Bureau of Printing in 2 vols.) Carreon, 1956)
- Reports of the Philippine Commission to the - Philippine Constitutional Law (Sinco, Community
President (Gov’t Printing Office, 4 vols.) Publishing, Manila, 2nd Ed., 1960)
- Mis Memorias Sobre La Revolucion (Calderon) - Philippine Annotated Laws (The Lawyers
- La Constitucion de Malolos (Kalaw) Cooperative Publishing Co., 1956)
- Archivo del Bibliofilo Filipino (Retana) e. The Japanese Period (1943 Constitution)
- Documentos para la Historia de Filipinas (Calderon) - Official Gazette (Vol. 2 – Special Number 9-A)
- Planes Constitutionales para Filipnas (Kalaw) f. Period After Philippine Independence in 1946
- Resena Veridica de la Revolucion (Aguinaldo) a. Martial Law Declaration
- Philippine Constitutional Law (Malcolm) b. The 1973 Constitution
- The Philippine Islands (Blair and Robertson) - Official Gazette (Vol. 68, No. 50; Vol. 69 No. 4)
d. The American Period - Constitutional Convention Archives – U.P. Law
a. Organic Laws Library
- Pres. McKinleys’s Instructions of April 7, 1900 - From McKinley’s Instruction to the Constitution:
- Official Gazette (Vol. 1 – Preliminary Number) Documents on the Philippine Constitutional System,
- Public Laws (Philippine Commission, Vol. 1) Central Book Supply, Inc., Manila, 1978
- Reports to the Philippines Commission to the - Secondary sources
President (Vol. 1) - Constitution of the Philippines (Fernando, Central
- The Spooner Amendment of March 2, 1901 Book Supply, Inc., 1973 Ed.)
- U.S. Statues at Large – Vol. 31 - Philippine Constitutional Law (Gonzales, 4th Ed.,
- The Philippine Bill of 1902 Rex Book Store, Manila, 1975)
- U.S. Statutes at Large – Vol. 32 c. The Amendments to the 1973 Constitution
- U.S. Code – Titles 2 and 48 d. The Provisional Constitution of 1986 – Freedom
- The Philippine Autonomy Act of 1916 Constitution
- U.S. Statutes at Large – Vol. 39 - Vital Legal Documents in the New People’s
- U.S. Code – Titles 2, 39 and 48 Government – Central Book Supply, Inc.
b. The Commonwealth Period - Constitutionalism in the Philippines, 1997 (Rufus
- The Tydings-McDuffie Law of 1934 Rodriguez)
- U.S. Statutes at Large – Vol. 48 e. The 1987 Constitution
- U.S. Code – Title 48 - Official Gazette
- Discussed in the Philippine Charter of Liberty by - The New Constitution of the Philippines (Noledo)
Osias and Baradi - Constitutionalism in the Philippines (R. Rodriguez)
- The 1935 Philippine Constitution - Record of the Philippine Constitutional
- Public Laws of the Philippines (Vol. 30 – Appendix) Commission (5 vols.) and its 3-vol. Journals
- Official Gazette – Vol. 34 - Secondary sources
- Messages of the President – Vol. 1 revised edition - The 1987 Constitution of the Philippines with
(1936) Comments and Cases
- Proceedings of the Constitutional Convention of - The Aquino Presidency and the Constitution
1935 by Sen. Jose P. Laurel (7 vols.) - The Constitution of the Republic of the Philippines
- Journal of the 1935 Constitutional Convention (3 – A Commentary – 1996
vols.) - Textbook on the New Philippine Constitution, 1999
- Journal of the Constitutional Convention of the - Constitutional Law
Philippines (7 volumes) - Human Rights: An Introduction Course
- Framing of the Philippine Constitution - 2 vols. - Constitutional Law, Text and Cases
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- Constitutional Convention Records (11 vols.) - Principles, Comments and Cases in Constitutional
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- Secondary sources: Law


2. TREATIES AND INTERNATIONAL AGREEMENTS – 3. Compilation of Laws Initiated by the Council
a compact made between two or more independent 4. The Codigo Ovandino
nations with a view 5. General Compilation by Aguilar y Acuna and
to the public welfare Pinelo
- Official Gazette 6. The recopilacion de Leyes de los reynos de Indias
- Treaty Series 7. Compilations Subsequent to the Recopilacion
- Acts of Congress and Treaties Pertaining to the c. Evaluation of the Laws in the Philippines During
Philippine Islands the Spanish Period
- Philippine Treaty Series d. Materials on the Spanish Laws
- Philippine Treaties Index 1. Primary Materials
- The Lawyer’s Review, International La Documents a. Boletin Oficial
- Law of the Sea b. Gaceta de Manila
- Philippine Yearbook of International Laws – Vols. IX c. Archivo de Bibliofilo Filipino (5-vol., 1895-1905)
to XV d. Codigo Penal de Filipinas y Ley Provisional
- Documents in Contemporary International Law – 2 e. Codigo Comercio
vols. f. Codigo Penal
- Vital ASEAN Documents 2. Secondary Materials
- The Ocean Law and Policy Series a. Civil law
- Philippine Trade and Economic Agreements b. Criminal law
- World Bulletin c. Commercial law
- Secondary materials e. Legislation in the Philippines during the Spanish
- Cases and Materials on International Law period
- Public International Law – 1974 3. The period of the Philippine Revolution
- International Law – 1998 Ed. (Coquia Jr. and 4. The American Period
Santiago) 5. The Commonwealth Period
- International Law – 1998 Ed. (Cruz, I.A.) 6. The Japanese Period
- International Law, with Philippine Cases and 7. The Period after Independence
Materials and Asean Instruments – 1999 Ed. 8. The Martial Law Period
3. STATUTES ENACTED BY THE LEGISLATURE 9. Aquino’s Revolutionary Government
a. Legislation in General – is the formal enactment 10. Period under 1987 Constitution
of laws by competent authority and in the proper c. Publication on Philippine Statutes, in general
manner d. Summary of Philippine Legislation
1. Constitutional Provisions
2. Types of Legislation
3. Form of Statutes
4. The Enactment of Statutes
5. The Construction of Statutes
b. History of Philippine Legislation
1. Pre-Spanish Period
2. Spanish Period
a. Spanish Laws Made Applicable to the Philippines
1. The system of law in Spain and its antecedents
a. The Code of Euric and the Brevarium of Alaric
b. Fuero Juzgo
c. Fuero Real
d. Las Siete Partidas
e. Leyes de ToroNueva Recopilacion
f. Novisima Recopilacion
2. Modern Spanish Codes
a. Codigo de Comercio of 1885
b. Codigo Penal of 1870
c. The Codes of Civil and Criminal Procedure
d. Codigo Civil of 1889
b. Laws Specially Enacted for the Colonies
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1. Legislation for the Colonies


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2. First Collection of Laws Relating to the Colonies


4. ADMINISTRATIVE RULES AND REGULATIONS Philippine Medical Care Commission
a. Administrative acts and commands of the Board of Investments
President of the Philippines touching on the 3. Publications on Administrative Rules and
organization or mode of operation of the Regulations – usually published in Official Gazette;
government of the rearranging or readjustment of each department, bureau or agency issuing orders
the districts, divisions, part or parts of the imposing penalty for their violation, rules and
Philippines and all acts and commands governing regulations are expected to keep official records and
the general performance of duties by public files thereof and mimeograph copies are usually
employees or disposing of issues of general concern made available to the public.
are made effective by the issuance of Executive General studies made of administrative offices and
Orders. Those orders fixing the dates when specific their rule-making power include:
laws, resolutions or orders are to have or cease to Administrative Law – Carreon
take effect and any information concerning matters Administrative Law – Fernando & Fernando
of public moment determined by law, resolution, or Administrative Law and Revised Administrative
executive orders, take the form of proclamations. Code – Martin
Ordinarily, administrative orders are confined to the Administrative Law of the Philippines – Rivera
exercise by the President of the Philippines of his 4. Materials containing Administrative Rules and
power deciding administrative cases. Sometimes Regulations are also found in The National
they may contain regulations for the conduct of Administrative Register – containing rules and
subordinate officers in the executive department in regulations, circulars, memoranda and other official
the performance of their official duties. issuance issued by different government agencies,
During the Commonwealth Period, the published quarterly; Vols. 1 to 12 (1990-2001) by the
administrative acts and orders of the President were UP Law Complex
published in the: 5. Publications by the particular administrative
Executive Orders – 4 volumes agencies:
Proclamations – 7 volumes, covering period from a. Civil Service Commission
1935 to 1941 Book V of the Revised Administrative Code of 1987
b. Executive Orders and Proclamations of the on the Civil Service Commission – lays down the basic
Governor-General during the American period were policies and provisions of the law on the CSC as the
published annually in a set entitled “Executive central personnel agency of the government. It also
Orders and Proclamations”. Thirty-three volumes presents the systems and procedures by which the
were published until 1935, by the Bureau of operation of the civil service are to be based
Printing. including personnel administration.
Official Gazette and Omnibus Rules Implementing Book V of Exec.
Public Laws as appendices Order 292 and Other Pertinent Civil Service Laws –
c. Government agencies may also be grouped lays down the implementing rules adopted and
together in accordance with their powers and prescribed by the CSC to carry out the provisions on
functions: civil service embodied in Book V of the Revised
1. Agencies with implied quasi-legislative powers – Administrative Code of 1987. Also includes the
they have administrative rules and regulations revised rules on appointments and other personnel
which have not been expressly directed by law to be action and new rules on leave.
issued, but they are necessary in the proper Uniform Rules on Administrative Cases in the Civil
discharge of the functions of the agency. Service – embodies the uniform rules of procedure
Bureau of Forestry in the conduct/adjudication of all administrative
Bureau of Prisons proceedings, either disciplinary or non-disciplinary,
National Bureau of Investigation in the civil service both at the commission and
Bureau of Tourism Services agency levels. It also contains the revised schedule
Department of Social Welfare and Development of penalties for the classifications of administrative
2. Agencies with express quasi-legislative powers – offenses.
they are specifically authorized by law to Rules implementing the Code of Conduct and
promulgate Ethical Standards for Public Officials and Employees
implementing rules and regulations (RA 6713) – lays down the prescribed rules set by the
Government Service Insurance System CSC in the application/implementation of the
Social Security System provisions of RA 6713 otherwise known as the Code
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Department of Labor and Employment of Conduct and Ethical Standards for Public Officials
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Bureau of Internal Revenue and Employees. Includes the full text of RA 6713.
Revised Omnibus Rules on Appointment and Other precluded from setting higher standards that will
Personnel Actions – consolidated general rules and suit their needs.
policies on appointments and other personnel and CSC Memo Circulars Index (1988-1998) – contains
other personnel actions in the civil service. This a listing of all memo circulars issued by the CSC
manual also lays down the responsibilities of the covering the period 1988-1998, classified according
human resources management officer/personnel to subject. It also indicates the newspaper and date
officer, certain modes of separation from the service of publication for circulars which were published to
and prohibitions. ascertain their respective dates of effectivity.
Omnibus Rules on Leave – a handbook containing Manual on Definitions of Administrative Offenses
pertinent policies and implementing rules and in the Civil Service – a handbook of definitions to
regulations governing leave administration. Also serve as aid for legal practitioners as well as
includes a listing of leave privileges/benefits and government workers involved in handling
their corresponding entitlement and availment; administrative cases and other legal matters.
illustration of how to compute leave credits and b. Securities and Exchange Commission
monetization. a. SEC POLIO, 1946 -1976
Personnel Officers Manual – outlines the b. SEC BULLETIN
responsibilities of the personnel officer in the c. SEC WEEKLY BULLETIN
different areas of human resource management and c. Central Bank
development such as recruitment and examination, a. Financial journal
promotion, performance evaluation, appointments b. Central bank annual reports and compilations
preparation, leave administration, retirement, d. Department of Labor and Employment
personnel relations, discipline, benefits, rewards, a. Rules and regulations implementing the labor
incentives and career development. It also discusses code
the legal authority and objectives of the Council of e. Department of Agrarian Reform
Personnel Officers. a. Comprehensive agrarian reform program and
Revised Policies on Performance Evaluation System presidential issuances
– presents a comprehensive discussion of the f. Department of Justice
revised policies on performance evaluation in the a. Department of justice, revised circulars 1963
civil service adopted by the CSC to install and g. Dangerous Drugs Board
implement performance-based security of tenure. a. Dangerous drugs board regulations 1988
The PES aims to draw up an objective assessment of h. Board of Investments
employee performance. a. Omnibus Investments code and implementing
Agency Performance Evaluation System (A Model) Regulations 1989
– a model for the development of PES designed by i. Office of The Insurance Commission
the CSC. The pES Model will help or guide agencies a. Insurance Reporter
in preparing their respective PES based on 5. ORDINANCES ENACTED BY THE AUTONOMOUS
corresponding policies and its proper application. REGION – the 1987 Constitution created the
Compliance with the revised PES by agencies is Autonomous Regions in Muslim Mindanao and in
crucial as it will serve as the basis for all agency the Cordillera. The legislative assemblies of these
personnel actions such as promotion and grant of autonomous regions enact ordinances to govern the
productivity incentive bonus. region and may create administrative agencies to
Memorandum Circulars 1992-2000 – an annual operate in the regions.
compilation of all memorandum circulars issued by 6. ORDINANCES ENACTED BY LOCAL GOVERNMENT
the CSC in book form. Memorandum Circulars are UNITS – the basic local government units are the
complied per year. provinces, cities, municipalities and barangays. Each
Qualification Standards Manual – contains an of these units have lawmaking powers to pass what
alphabetical listing of roughly 4,000 positions in is commonly called ordinances” (to distinguish them
government service with corresponding from statutes enacted by Congress) which are
educational, experience, training and eligibility usually of local interest only. A local ordinance is
requirements. It also includes the positions’ legally ineffective if inconsistent with statutes
respective salary grade level, and sector enacted by Congress.
classification. The qualifications listed in this level, COMPUTERIZED LEGAL RESEARCH SERVICES – the
and sector classification. The qualifications listed in text of the Constitutions and statutes above
this manual are the minimum requirement set by mentioned may be sourced from two computerized
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the CSC for each position; agencies are not legal research services.
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1. Lex Libris – produced by CD Asia, Inc., with the arguments. The disputant with more witnesses to
following databases: his side was adjudged as winner. In this case, the
a. Laws (Philippine Edition), Vol. I; chieftain, acting as Judge and executive, enforced
b. Taxation (Phil. Edition), Vol. II; his judgment by siding openly with the winner and
c. Jurisprudence (The Phil. Supreme Court Reports), compelling the defeated party to respect the
Vol. III judgment of the honorable court. Under such
d. Department of Justice (Opinions of the Secretary), circumstances, the defeated party had no other
Vol. IV recourse than to bow to the inevitable.
e. Local Autonomy and Local Government, Vol. V B. SPANISH PERIOD – Magellan’s arrival in the
f. Environment and Natural Resources, Vol. VI Philippines in 1521 became the basis for Spain to
g. Labor and Social Legislation, Vol. VII claim and colonize the islands. Three Spanish
h. Elections, Vol. VIII expeditions were sent to the islands which all ended
i. Trade, Commerce and Industry, Vol. IX in failure. Finally on November 21, 1564, Miguel
j. Bangko Sentral ng Pilipinas, Vol. X Lopez de Legaspi sailed from Navidad, Mexico to the
k. Securities and Exchange Commission, Vol. XI “islands of the West towards the Moluccas” and
subsequently landed in the Visayan islands and
2. Philjuris – produced by Gigabytes Research founded the City of Cebu in 1565. Manila was later
Systems, Inc. also has a database on all laws of the founded as a capital city in 1571. The foundation of
Philippines. Spanish sovereignty over the Philippines had been
laid.
Chapter 5 a. In General
CASE LAW Five components:
While statute law is derived from the lawmaking a. The law – to govern the conduct of the people and
agencies of the government, case law comes from regulate the relations among individuals and
the judicial authorities of the State. between the individual and the sovereign.
Case law may be divided into: b. The judiciary – which provided the mechanism for
1. Decision Proper the adjudication of disputes among individuals and
a. Decisions of the Supreme Court between the individual and the government of
b. Decision of the Court of Appeals state.
c. Decisions of the Sandiganbayan c. The law enforcement agencies – to uphold the
d. Decisions of the Court of Tax appeal law and enforce the decisions rendered by judiciary.
e. Decisions of the Regional Traila courts - Cuerpo de Cuadrilleros – the municipal police
f. Decisions of the Municipal, Municipal Circuit and under the local government officials
Metropolittan trial courts - Guardia Civil – the national constabulary, the
2. Subordinate Decisions forces of which were assigned to particular
a. Decisions of the Senate electoral tribunal and provinces under the provincial commanders who
house of representative electoral tribunal reported directly to the governor and captain
b. Decisions of administrative agencies exercising general
qausi judicial powers, such as: d. The prison system – for public punishment of
i. Commission on Elections those who violated the law.
ii. Civil Service Commission - Municipal jails
iii. Commission on Audit - Provincial jails
iv. National Labor relation commission - Major penitentiaries such as the Bilibid Prison and
v. Insurance commission those in Cavite, Zamboanga and Marianas
vi. Housing and land Use regulatory board - Penal farms or colonies in Palawan, Davao,
vii. Department of Agrarian Adjudication board Cotabato and Zamboanga
THE PHILIPPINE JUDICIAL SYSTEM e. Legal profession – group of persons with legal
A. PRE-SPANISH PERIOD – trials were held publicly training manned the judicial posts and acted as
and decisions were rendered promptly. The accuser advocates of individuals in protecting their rights.
and the accused faced each other with their - Lawyers who were either appointed to the
respective witnesses. The latter, to show their judiciary and public prosecution or were the
honesty and sincerity, took an oath to this effect…. practicing lawyers
The disputants then began presenting their - Those who had some legal training who were
arguments, buttressed by the testimonies of their either notaries or clerks appointed to assist the
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respective witnesses. The chieftain listened courts


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attentively and the elders took mental notes of the


C. THE AMERICAN PERIOD – with the establishment
Hierarchical structure of the judicial system: of the American military government following the
The Crown surrender of Manila to the American army, provost
- King is the unquestioned head of Spanish courts and military commissions were created. At
government the same time, civil courts were
- As an absolute ruler, had the power to reverse the recognized for certain civil purposes. Subsequently,
rulings of the Council of the Indies by Act No. 136 of the Philippine Commission, the
The Council of the Indies existing courts were abolished and in their place
- Decisions of the Real Audencia in certain cases were substituted the courts provided in said act..
were appealable to the Council of the Indies in Thereafter, Congress of the United States, through
Serville, Spain the Philippine Bill and. Later, the Jones Law,
- When the Council was abolished in 1834, its judicial approved and confirmed the organization of the
functions were assumed by a newly created Tribunal courts thus established. As ultimately evolved, the
Suprema de Espana de Indias judiciary system instituted was substantially
- Creation of the King – the unquestioned head of modeled upon English and American prototypes.
Spanish government However, no division was made of the tribunals into
The Real Audiencia courts of law and courts of equity as they were
- Supreme tribunal in the Philippines known and distinguished in England and most
- Both had civil and criminal jurisdiction in cases of jurisdictions of the United States. The same tribunal
appeal from the alcalde mayor or Corregidor dispenses both legal and
- Performed other functions aside from its judicial equitable relief.
duties The Audiencia Territorial de Manila (Supreme
- The Governor had supreme judicial powers in the Court)
Philippines. Even after the establishment of the o Chief Justice
Audencia, the Governor continued participating in o Eight Associate Justices
the judicial affairs as President of the Audencia Court of First Instance
The Alcaldes-Mayores (CFI) The Municipal and the Justice of the Peace Courts
- Alcalde mayor in pacified areas Note: The uncivilized part of the Archipelago were
- Corregidor in unpacified areas wholly unfitted to exercise the right of trial by jury.
- Acted as appellate judge for suits originating from D. THE JUDICIAL SYSTEM AT PRESENT
the gobernadorcillo I. TRIAL COURTS OF LIMITED JURISDICTION –
The Gobernadorcillos (Justice of the Peace Courts) limited to civil suits involving relatively smaller
- base of the judicial structure; amounts of money and to minor violations of
- who governed the town or pueblo; criminal laws. These are the tribunals in which most
- had jurisdiction over all civil cases arising among of the controversies that occur in the community are
Indios, Chinese mestizos and Chinese that involve heard and at least provisionally decided. They are
small sums and petty criminal cases the courts closest to the people. In this level, justice
Special Courts: be administered fairly and with dignity.
a. Ecclesiastical Courts – for the religious a. Metropolitan trial courts
b. Army and Navy Courts – for military personnel b. Municipal trial courts
c. Commercial Court – for merchants c. Municipal circuit trial courts
d. Contentious Court – complaints against the II. TRIAL COURTS OF GENERAL JURISDICTION –
administration of the government involves an amount of money or a potential criminal
e. Treasury Court – for cases involving the royal sentence, beyond the jurisdictions of the MTC,
treasury, including cases of smuggling, etc. MCTC, MTC.
f. Probate Court – adjudication of probate cases a. Regional Trail Courts (Court of First Instance)
The judicial system included the Department of b. Shari’a courts under the Muslim code.
Public Prosecution which represented the III. THE INTERMEDIATE APPELLATE COURT – is the
government and its institutions in the enforcement body that generally has exclusive appellate
of the law and in all civil and criminal actions to jurisdiction over the decisions of the Regional Trial
which the state was a party. Courts and other quasi-judicial agencies.
Publication during the Spanish Period: a. Court of Appeals
Jurisprudencia Civil i. Presiding Justice
Jurisprudencia Criminal ii. 50 Associate Justice
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b. Special appellate courts:


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The Sandiganbayan – appellate jurisdiction over CASE LAW MATERIALS
certain criminal cases decided by the Regional
Courts, and also original jurisdiction over certain 1. Decision proper
types of criminal cases a. Decisions of the Supreme Court Official:
Court of Tax appeals – act only on protests of i. Advance Sheet – after the finality of the decision,
private persons adversely affected by the tax and they are published in mimeographed form; made
customs laws. available to the bench and the bar at the earliest
IV. THE COURT OF LAST RESORT (Supreme Court) – date possible, much earlier than their publication
at the top of the hierarchy which determines with ii. Official Gazette – official publication of the
finality what the law is and should be. It has the government printed by the Bureau of Printing; the
power to review on appeal or certiorari final decisions of the Supreme Court are published under
judgments and order of lower courts in certain cases the section “Decisions of the Supreme Court”
such as when errors or questions of law are invoked iii. Philippine Reports – from August 8, 1901, printed
and where the Constitution or validity of statues are by the Bureau of Printing, now the Government
involved. It has original jurisdiction over petitions for Printing Office; arranged according to dates of their
certiorari, prohibition, mandamus, quo warranto promulgation
and habeas corpus. iv. Philippine Reports (Reprints) – the destruction of
i. Chief Justice libraries and reserve copies of Philippine Reports in
ii. 14 Associate Justice the Bureau of Printing during the war necessitated
DOCTRINE OF PRECEDENT the reprinting of these reports and the undertaking
a. STARE DECISIS, ET NO QUITA MOVERE – what has was entrusted by the Supreme Court to the Lawyer’s
been settled must not be disturbed. Cooperative Publishing Co.
RES JUDICATA – a matter finally decided on its v. Jurisprudence Filipina – Spanish edition of the
merits by a court having competent jurisdiction and Philippine Reports, also printed by the Bureau of
not subject to litigation again between the same Printing; arranged in the same order as that of the
b. REVERSAL – has reference to the action of the Philippine Reports
Supreme Court on a lower court judgment in the Unofficial:
same particular controversy. When the Supreme a. Philippine Decisions
court reviews the judgment of the lower court in a b. Philippine Reports Annotated
case and concludes the lower court reached an c. Philippine Reports Annotated (Central)
erroneous result in the case, it will reverse, set aside d. Supreme Courts Reports Annotated (SCRA)
the lower court’s judgment. e. Supreme Court Decisions (SCD)
OVERRULES – one of the past decisions of the f. Philippine Law and Jurisprudence (PHILJUR)
Supreme court, the conclusiveness of that earlier g. Supreme Court Unpublished Decisions (SCUD)
decision as a settlement of its particular controversy h. Supreme Court Advance Decisions (SCAD)
is not affected, but the overruled decision is no i. Supreme Court Excerpts (SCEX)
longer an authoritative precedent for other cases j. Summary of Supreme court’s Rulings
that may arise in the future. k. Citations: excerpts of Supreme Court Decisions
c. RATIO DECIDENDI - is the holding of the principle l. Title Index to Supreme Court Decisions 1945 –
of law on which a case was decided. It sets the 1978
precedent and is binding on courts in the future. m. Supreme Court Decisions Title Index 1982-1985
OBITER DICTUM – is the language in a decision that n. The Sandiganbayan Reporter
is not necessary to the decision. o. The PCGG Reporter
d. BINDING – also called mandatory; when it comes b. Decision of the Court of Appeals
from the decisions of Supreme Court and it is the i. Appellate Court Reports
ratio decidendi of the case. ii. Advance Sheets
PERSUASIVE – if the dicta comes from a respected iii. Official Gazette
justice, it may be persuasive to the Court. Persuasive iv. Courts of Appeals Reports
authority can come from decisions of appellate v. Court of Appeals Reports Annotated
courts in other jurisdictions. c. Decisions of the Sandiganbayan
FORMS OF DECISIONS i. Sandiganbayan Reports
MAJORITY OPINION / UNANIMOUS ii. Sandiganbayan Reporter
CONCURRING d. Decisions of the Court of Tax appeal
SEPARATE CONCURRING OPINION i. Official Gazette
9

SEPARATE OPINION ii. Court of Tax appeals Digest of Cutoms and Real
Page

DISSENTING Property Tax cases


iii. Court of Tax appeals Digest of internal Revenue b. National Irrigation Administration
Cases by Colon Publication c. National Meat Inspection Commission
e. Decisions of the Regional Trail courts d. National Food Authority
f. Decisions of the Municipal, Municipal Circuit and e. Quedans Guarantee Fund Board
Metropolitan Trial Courts f. Phil. Coconut Authority
2. Subordinate Decisions g. Bureau of Plant Industry
a. Decisions of the Senate electoral tribunal and 4. Department of Public Works and Highways
house of representative electoral tribunal a. Bureau of Research and Standards
1. HRET Reports: Final Orders, Resolutions and b. Metropolitan Waterworks and Sewerage System
Decisions – 7 vols. c. Local Water Utilities Administration
b. Decisions of administrative agencies exercising 5. Department of Labor and Employment
quasi-judicial powers a. National Labor Relations Commission
Agencies with implied quasi-judicial powers – b. Phil. Overseas and Employment Administration
agencies mostly with investigative functions: c. National Manpower and Youth Council
i. Department of Foreign Affairs d. National Maritime Polytechnic
ii. Commission on Immigration and Deportation e. Employee’s Compensation Commission
iii. Office of the President f. National Wages Council
iv. Secretary of Justice g. Bureau of Labor Relations
v. National Wages Council h. Bureau of Working Conditions
vi. Philippine Patens Office i. National Conciliation and Mediation Board
vii. Bureau of Land Transportation 6. Department of Health
viii. Civil Service Commission a. Bureau of Food and Drugs
ix. Professional Regulatory Commission b. Phil. Medical Care Commission
x. Tanodbayan (Ombudsman) c. Dangerous Drugs Board
Agencies with express quasi-judicial powers – d. Bureau of Research and Laboratories
agencies given judicial functions over cases which e. Bureau of Licensing and Regulation
would otherwise go the regular courts of justice 7. Department of Trade and Industry
were it not for the grant of such powers to these a. Bureau of Trade Regulation and Consumer
agencies. Protection
i. Insurance Commission b. Videogram Regulatory Board
ii. National Labor Relations Commission c. Board of Investments
iii. Commission on Elections d. Bureau of Patents, Trademark and Technology
iv. Government Service Insurance System e. Export Processing Zone Authority
v. Social Security System f. Garments and Textile Export Board
vi. National Seamen Board g. Bureau of Product Standards
vii. Commission on Audit 8. Department of Environment and Natural
1. COA Regulations and Jurisprudence by Central Resources
book Supply a. Land Management Bureau
viii. Employee’s Compensation Commission b. Environment Management Bureau
ix. Civil Aeronautics Board c. Forest Management Bureau
Administrative Bodies and Agencies exercising d. Mines and Geo-Sciences Bureau
quasi-judicial functions prepared by UP Law Center e. National Electrification Administration
1. Department of Finance f. National Quarantine Office
a. Bureau of Internal Revenue 9. Department of Transportation and
b. Bureau of Customs Communication
c. Insurance Commission a. Land Transportation Franchising and Regulatory
d. Central Board of Assessment Appeals Board
e. Fiscal Incentives Review Board b. Maritime Industry Authority
f. Phil. Export and Foreign Loan Guarantees Corp. c. Philippine Ports Authority
g. Phil. Crop Insurance Corp. d. Toll Regulatory Board
2. Department of Justice e. Civil Aeronautics Board
a. Land Registration Authority f. National Telecommunications Bureau
b. Commission on Immigration and Deportation g. Bureau of Air Transportation (Air Transportation
10

(now Bureau of Immigration) Office)


3. Department of Agriculture 10. Others
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a. Sugar Regulatory Authority a. Professional Regulatory Commission


b. Security and Exchange Commission i. Trade, Commerce and Industry, Vol. IX
c. Social Security Commission j. Bangko Sentral ng Pilipinas, Vol. X
d. Central Bank k. Securities and Exchange Commission, Vol. XI
e. Housing and Land Use Regulatory Board 2. Philjuris – contains a digitized compilation of the
f. National Bureau of Investigation decisions and resolutions of the Supreme Court. It is
g. National Land Titles and Deeds Authority produced by Gigabytes Research Systems, Inc.
h. Register of Deeds
c. Publications of Administrative Agencies Exercising Chapter 6
Quasi-Judicial Functions LAW BOOKS OF SECONDARY AUTHORITY
2. Commission on Elections Works which are not primary authority but which
- The COMELEC has not published its decisions digest, discuss or analyze legal provisions, judicial
3. Civil Service Commission decisions or define and explain legal doctrines and
- Civil Service Board of Appeals have been published terms are considered secondary materials. These
by author Rivera secondary sources can help analyze a problem and
- annually provide research references to both primary sources
4. Commission on Audit and other secondary materials.
- COA Regulations and Jurisprudence – 1998 by JV A. CASE DIGESTS – are compilations of paragraphs
Go published by Central Book Supply containing concise summaries of points in cases,
- COA Decisions Digest (1994-2000) by Reynaldo grouped under appropriate headings, the chief of
Montalbo which are alphabetically arranged. Each paragraph
5. National Labor Relations Commission in case digests is complete in itself when it has
- Has not published its decisions concisely and accurately stated the point decided
6. Insurance Commission with reference to precise facts.
- Has not published its decision 1. Philippine Digest – this publication of Lawyers
7. Housing and Land Use Regulatory Board Coop. was designed as a companion set to the
- Human Settlements Regulatory Commission Legal Philippine Reports. It has a general scheme of
Digest, 1981, 3 vols. digesting cases and a system of numerous
8. Department of Agrarian Reform Adjudication references of such American counterparts as those
Board of the Lawyer Reports Annotated, the American Law
- Book entitled Jurisprudence on Agrarian Relations Reports, and the United States Court Reports with
by Ibay, 1973 modifications to suit Philippine law.
9. Securities and Exchange Commission
- SEC Decisions, 1977-1981, published by Legal 2. Republic of the Philippines Digest – this
Database Systems publication also by the Lawyers Coop., dubbed
- The decision making powers of the SEC were “Republic Digest” for short, starts from where the
transferred to the regular courts by virtue of the Philippine Digest leaves off, cover all decisions of the
Securities Regulation Code, RA 8799 Supreme Court from July 4, 1946 through
10. Bureau of Internal Revenue September 1958, published and unpublished. The
- Complete Numbered BIR Rulings by the Career set comprises Volumes 1 to 7 of digest paragraphs,
Development Center classified under pertinent topics, and Volume 8
- Digest of BIR Rulings by E.O. Ordono, 1986 to 1998 devoted to an alphabetically arranged table of cases.
11. Intellectual Property Office Vols. 9-17 cover decisions from 1958 to 1966.
- The IPO has not published its decision 3. Velayo’s Digest – covers not only decisions of
d. Computerized Legal Research Services Supreme Court but also those of the Court of
1. Lex Libris – produced by CD Asia, Inc., with the Appeals. The main set of 25 vols. Covers the leading
following databases: cases of the Supreme Court and the Court of Appeals
a. Laws (Philippine Edition), Vol. I; from 1942 to 1960
b. Taxation (Phil. Edition), Vol. II; 4. SCRA Quick-Index Digest – this publication by
c. Jurisprudence (The Phil. Supreme Court Reports), Central Lawbook Supply, Inc. has three volumes. The
Vol. III first two volumes condenses Volumes 1 to 36 of
d. Department of Justice (Opinions of the Secretary), SCRA, while the third volume covers Volumes 37 to
Vol. IV 61 also of SCRA up to 1974. Every year thereafter,
e. Local Autonomy and Local Government, Vol. V yearly digests have been coming out
11

f. Environment and Natural Resources, Vol. VI 5. Compendium of Philippine Jurisprudence –


g. Labor and Social Legislation, Vol. VII authored by Celso L. Magsino and published by Rex
Page

h. Elections, Vol. VIII


Book Store, it has 12 volumes containing digests of 36 . Muslim Law
decisions of the Supreme Court from 1945 to 1980 37 . Natural Resources
6. Other Digests – the other digests are: 38 . Negotiable Instruments Law
a. Armando C. Castillo, Digest of Supreme Court 39 . Obligations and Contracts
Decisions, 9 vols. (1951-1964) 40 . Parliamentary Law
b. Napoleon Garcia, Complete Monthly Digest of 41 . Partnership
Supreme Court Decisions 42 . Persons and Family Relations
c. Navarrete, Digest-Index (of Supreme Court 43 . Philosophy, Legal
Decisions), for 1957 and 1959 44 . Political Law
d. Jurado, Leading Cases in Civil Law (Supreme 45 . Property
Court), for 1958-1960 46 . Rental Law
e. Daniel T. Martinez, Summary of Supreme Court 47 . Roman Law
Rulings, starting from 1986 following the topic 48 . Rules of Court
classification in 49 . Sales
the bar examination 50 . Securities Act
f. Jesus M. Elbinias, Philippine Judicial Weekly 51 . Statutory Construction
g. Supreme Committee, Supreme Court Digest 52 . Succession, Wills
B. TREATISES AND TEXTBOOKS – expositions by 53 . Tariff and Customs Code
legal writers on statutory law and case law 54 . Taxation
pertaining to a particular subject and published in 55 . Torts and Damages
book form. 56 . Transportation, Admiralty and Maritime Law
1 . Administrative Law 57 . Trial Practice
2 . Agency C. BAR REVIEWERS – bar review materials are very
3 . Agrarian Reform helpful to fourth year law students and those
4 . Arbitration Law reviewing for the bar. They are also very important
5 . Banking to legal researchers because they present a concise
6 . Building Code presentation of the law, legal doctrines and leading
7 . Business Law Supreme Court decisions in capsulized form. They
8 . Church Law are usually very current and include the latest SC
9 . Citizenship decisions.
10 . Civil Law Florenz Regalado’s Remedial Law compendium
11 . Civil Procedure (see Rules of Court) Albano Civil Law reviewer
12 . Civil Service Law Bernas The 1987 Philippine constitution –reviewer
13 . Commercial Law primer
14 . Constitutional Law Francisco Pre-week Memory Aidfd in all Bar
15 . Construction Law subjects 1997 edition
16 . Cooperative D. LEGAL PERIODICALS – the most serious and
17 . Corporation Law highly reputed legal periodical are the academic law
18 . Credit Transactions reviews are published by virtually all accredited law
19 . Criminal Law (Penal Code) schools as training grounds for student editors. They
20 . Education Act contain both articles by established scholars
21 . Election Law and student-written comments and case notes. Both
22 . Evidence lead articles and comments are marked by extensive
23 . Firearm Law footnotes, making them useful research tools.
24 . Insurance In addition to general law reviews, there is an ever
25 . Intellectual Property growing number of specialized academic journals,
26 . International Law (Public and Private) focusing on topics from ecology to industrial
27 . Introduction Law relations. Most of these are student-edited, but a
28 . Agrarian Reform (With Taxation and Coops.) few specialized scholarly journals, such as the
29 . Investments Law American Journal of Legal History and the Journal of
30 . Judges and Courts Legal History and the Journal of Legal Studies, are
31 . Labor and Social Legislation edited by faculty.
32 . Land Titles and Deeds Legal Periodicals - Ateneo Law Journal
12

33 . Legal Ethics Court of Agrarian Relations Journal


34 . Legal Medicine Far Eastern Law Review
Page

35 . Legal Research and Writing Francisco College of Law Journal


Integrated Bar of the Philippines Journal Encyclopedia of Philippine Law and Jurisprudence
Lawyers Journal (Pedro Venida) – only its first volume had been
The Lawyers Review published
Lyceum Law Review Philippine Tax Reporters – specialized
MLQ Law Quarterly encyclopedia on taxation; advertised as a 25-volume
Philippine International Law Journal cyclopedia, with annual supplements; deals
Philippine Labor Law Journal extensively with the National Internal Revenue
Philippine Law Journal (of UP) Code, special tax laws, tax rulings, circulars,
Philippine Lawyers Association Journal decisions and treatises. After three volumes, it
Philippine Tax Journal stopped.
San Beda Law Journal The Philippine Legal Encyclopedia – Jose Agaton
Tax Quarterly of the Philippines R. Sibal; published by Central Law Book Publishing
The Law Review (UST) Co.
University of the East Law Journal F. LAW DICTIONARIES – are useful for identifying
University of Manila Law Gazette Journal the definitions of words in their legal sense or use.
University of San Carlos Law Review For each word or phrase, a short definition is given.
Leading Law Journal in the Philippines – Philippine Some also provide a citation to a court case or other
Law Journal of the UP College of Law which has been reference having the source of the word or
in existence since 1910. It is distinguished by its phrase.
scholarly articles, reviews and commentaries. It is Diccionario de Administracion de las Islas
exchanged with leading universities in the United Filipinas – published in 1887
States and Europe and its articles by leading Filipino Diccionario Juridico Recopilador – Martinez de
academicians and students of the College of Law are San Agustin, 1922; a study which included
recorded in bibliographic listings around the world chronological and alphabetical indexes of Philippine
legislation and jurisprudence.
Newspapers daily case digests – started by Justice Philippine Law Dictionary – Federico B. Moreno,
Federico B. Moreno 1972; it defined legal terms and phrases that, as part
Manila Times of our law and jurisprudence, was necessary to a law
Daily Mirror practitioner. Those definitions are related to
Bulletin Today Philippine codes or statues and/or the authoritative
Times Journal court decisions where they may be found by citation
Daily Express to specific provisions of law or to reported cases.
Philippine Daily Inquirer Dictionary of International Law and Diplomacy –
Philippine Star Gamboa
Business Day Philippine Labor Dictionary – Isidro (1966)
E. LEGAL ENCYCLOPEDIA – while a textbook deals Dictionary of Insurance Terms and Phrases –
with one subject or phrase of a subject of the law, Tiopanco (1976)
encyclopedia treats of all subjects. It is a
comprehensive treatise of the entire field of the law. Chapter 7
This whole field of the law is divided into topics SEARCH MATERIALS AND FINDING TOOLS
arranged in alphabetical order. It presents in concise There have been a large volume of statutory law and
form, brief but comprehensive statements of the case law that have been churned out by our
current law upon said topics. legislative mill and judicial branch of government
A legal encyclopedia as distinguished from law since 1900 and the legal researcher needs some
dictionaries is a subject-book which presents to the means of subject access into this large body of law.
user the means of making his own definitions. It The effective operation of the doctrine of precedent
deals with a whole field of law as distinguished from requires that prior decisions be easily available.
treatise which treats of a portion of the subject. It Without a topical approach to legal sources,
gives a literary statement of the law as distinguished researchers could not find existing decisions or
from digests which presents isolated summaries of statues on point. We therefore need search
points of law. materials and finding tools for legal research. The
Cyclopedia of Philippine Law – first attempt to purpose of these materials and tools is not to
publish a legal encyclopedia in the Philippines, to be persuade, nor do they themselves have any primary
13

authored by Alvir & Associates. However, only the or persuasive authority. They are only means for
first volume containing a textual treatment of the locating primary sources. It is then necessary to read
Page

law from A to C was publish. those primary sources to determine their


applicability to a particular situation. In legal 1. Indexes to the “Public Laws of the Philippine
research, as in other sense of relevance – a keen Islands
appreciation of which sources are legally and 2. Indexes to the Public Laws of the Commonwealth
factually relevant to the specific inquiry. 3. Laws and Resolutions Index
A. CITATORS – supply references to decisions in 4. Philippine Annotated Laws (P.A.L.) Index
which other cases have been cited, reviewed, 5. Index to Republic Acts – Moran
affirmed, reversed, overruled, criticized or 6. Subject Index to Presidential Decrees and other
commented upon, and to cases in which statutes Presidential Issuances (until 1978)
have been construed, and to statutes in which prior 7. Index Guide of Vital Legal Documents
acts have been amended, renewed or repealed. 8. Index – Isabelo Moran (Presidential Decrees)
Philippine Citations – first citator published in the 9. Index in the Philippine Permanent and General
Philippines; Dizon (1937); 2 volumes which contain Statutes
complete citations found in Vols. 2 to 64 of the 10. Commonwealth Acts Annotated – Guevarra
Philippine Reports and in the Official Gazette to April 11. Public Laws of the Commonwealth – Jacobo
1947 (including occupation issues) of the decisions 12. Guevarra’s Annotated Laws
of the Supreme Court and the Court of Appeals as 13. Philippine Treaties Index
well as of Philippine laws, including Royal Decrees Philippine Digest – Vols. 18-19
and Orders, Ordinances of the City of Manila, and Republic of the Philippines Digest – Vols. 6, 9 11
other matters. This citatory provides the researcher and 13
with knowledge at a glance whether a given Ateneo de Manila Libraries’ Index – covering 1911
reported Philippine decision has been overruled, to 1975 of Supreme Court Decisions
criticized, limited in its application, distinguished or Title Index to Supreme Court Decisions – Milagros
followed in subsequent reported decisions. Santos Ong; 1945-1978 with 1978-1982 supplement
Likewise, by consulting the citations to codes and SCRA Quick-Index
statutes, the researcher will have before him all UP Law Library – with card indexes to legal
reported Philippine decisions wherein a particular periodicals
Philippine statute has been cited, invoked, applied, C. BIBLIOGRAPHIES – a list of descriptions of
construed or discussed. published materials either relating to a given
Philippine Citations – next citatory publish in the subject, or by a given author. A Pbibliography of law
Philippines in 1964 by Paras; 2 vols., Volume 1 deals books may refer to a list of an author’s legal works,
with citations covering Vols. 1 to 82 of the Philippine or of the literature bearing on a particular subject or
Reports and issues of the Official Gazette from 1942 field
to 1962. Volume 2 contains code citations, statute of law.
citations, and citations of administrative rules as 1. Philippine Legal Bibliography – Justice Federico B.
well as Spanish laws applied to the Philippines. Moreno (1973)
Philippine Citator – contained in Volume 11 of the 2. Handbook on Legal Bibliography – Andres Soriano
Philippine Digest. It lists all the citations in the (11984)
Philippine Reports, the Supreme Court of Spain, the 3. A Guide to Philippine Legal Materials – Fortunato
United States Supreme Court, the other Federal Gupit and Daniel Martinez (1993)
Courts, and the courts of various states and
territories of the United States. Citations in the
decisions of the Supreme Court, Court of Appeals,
and Court of Tax Appeals, reported in Vol. 52 of the
Official Gazette are contained in the Citator which
forms part of the 1956 Official Gazette Desk Book.
For 1959 Supreme Court Decisions, a citatory is
offered in Navarrete’s Digest-Index. Citations are
also included in each volume of the
Philippine Reports.
B. INDEXES – usually means a subject-index which is
like the index found in textbooks, statutes, etc. A
subject index is an alphabetically arranged topical
words in which, by means of references under each
14

topic, materials relating to these topics


expressed in appropriate words is digested.
Page