LEGAL RESEARCH

- process of finding the laws, rules and regulations that govern activities in human society
- involves locating both laws and rules enforced by the State, commentaries which explain or analyze
rules
- investigation fi=or information necessary to support legal decision-making

PURPOSE OF LEGAL RESEARCH

- aid in decision-making process
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SOURCES OF LAW
A. Primary
Recorded laws; statutes, judicial decisions, laws given and promulgated by legislative, IRR of
different agencies, municipal ordinances; treaty/ies
1. Statutes, Regulations, Rulings, Codes
2. Judicial Decisions
3.Administrative Law

EXECUTIVE LEGISLATIVE JUDICIARY

Executive Orders Republic Acts Decisions
Administrative Orders Batas Pambansa Jurisprudence
Presidential Decrees Commonwealth Acts Rules of Court
Presidential Proclamations Acts Circulars
Memo
Orders
Administrative Matters
Department/Agencies
Ordinances
Memo
Circulars
Memorandum Order
IRR

Local Government
Ordinances

B. Secondary
As long as it would explain primary resources; law reviews, treatise
C. Finding Tools
List only the laws, reference, instruct you of location, indices; is not a wealth of law

WHAT ARE YOU TO FIND FOR IN LEGAL RESEARCH?

A. Information
Authorities of law, experts behind law
B. End-purpose of legal research
Support legal decision-making; resolve legal problems
LEGAL RESEARCH PROCESS

1. Topic
2. Analyze the Facts
a. Formulate the Issue
b. Select the Key Words (as guide to the next step)
c. Understand the problem given
d. Know the applicable/appropriate subject
3. Research
4. Collate – Evaluate if are those things helpful?
5. Organize – prioritize jurisprudence or laws

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 6. Conclude through writing or verbal speaking

SUBJECT AREAS IN LAW/BAR SUBJECTS

1. Political Law
- State, states and inhabitants
- How is the state organized
- Branches of government
- Law between and among nations
5 Subject Areas
a. Constitutional Law
- 3 branches of the government
- Bill o Rights
- Police, Eminent Domain and Taxation Powers
- Citizenship

b. Administrative Law
- Agencies of the government/quasi-judicial

c. Law on Public Officers

- Civil Service laws
- qualifications to become a servant
- malfeasance, non-feasance, misfeasance

d. Law on Local Government

- Local Government Code
- How LGUs are created
- Terms of Offices

e. Election Law
- Omnibus Election Code
- Automated Election Systems Act

f. Public International Law

- Being international
- Treaties as primary source of law
- with international aspect

2. Labor Law

 Rights and privileges of employees and employers

 Labor Code of the Philippines
 GSIS, SSS, Philhealth
 Maternity leave
 Agrarian Laws, agricultural tenants are considered as employees with Landbanks
 Comprehensive Agrarian Reform Program (CARP)

3. Civil Law
 Persons, properties and sucession
 Relations among persons
 Civil Code – Book I: Persons, Book II: Properties, Book III: Succession, Book IV: Obligations &
Contracts, Book V: Special Contracts

4. Private International Law

- Article 16 of the Civil Code; If a foreigner his own laws may prevail; however, laws on succession
- Governed laws where properties are locates
- In Public Int’l law, when powers of the state intervenes with a right of a citizen or with another state

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5. Taxation
- collection of revenues by the national government;
- income tax, real property tax
- Main source, NIRC and LG Code

6. Commercial Lw
- commercial transactions; business; mercantile; insurance
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7. Criminal Law
 penal; crimes


8. Remedial Law
- Procedures
- rules of court
- summary of procedure
- Civil Procedure; filing of complaint-when, who-special procedure, writ of habeas corpus, evidence-
admissible/inadmissible-legal ethics

9. Legal Ethics
- code of conduct
- Sandiganbayan
- Judicial Ethics