Legal Research and Thesis Writing

Professor Jinkee De Ocampo Bantug

Background facts
Background law
Analysis
I. Explaining Background Facts and Legal
Doctrines
key words are briefly and background
Things to avoid:
1. Summaries of the various precedents in the
doctrinal line Your job is to synthesize the
precedents, not to describe each one.

DONT
In A v. B, this-and-such happened. The Court
ruled for A. Then in C v. D, the facts were this-
and-such. The court ruled for D.
2. Mini-treatises that go beyond whats needed to set
the stage for your proof.
DO give the reader the necessary legal and
factual framework
DONT describe all the law and all the facts
that youll later use, only that which is helfpul

..out up front.
Comment: These two points relate to using only
the information that is relevant to your thesis.
Ask, How does this information help the reader
understand my topic and thesis?
II. The Proof of Your Claim
Tips:
1. Prove your point on both the doctrinal and the
policy levels
Dont just show that your proposal fits the case
law
Persuade the reader that its practically and
morally sound
Show that your proposal makes practical sense
as well as logical sense, that it fits with the
policy as well as with the doctrine.
2. Be concrete
Illustrate your theoretical arguments with
concrete examples, drawn from real cases or

from realistic hypos.
This will make your point clearer to your
readers
3. Focus on your arguments, not the other sides
DONT write:
Some people say that Pres. Aquino should not be held
liable following the declaration of unconstitutionality of
some of the provisions of the Disbursement Acceleration
Program under the doctrine of operative fact. This
doctrine states
states that
Instead, write, The doctrine of operative fact as
enunciated in the case of _________cannot be used
to exculpate the President of the country from
liability
Comment: The writing is much sharper, clearer,
and more persuasive. Arguments become
confused and confusing when the following
formula is used: Bob said this and here is why
Bob is wrong. Charlie said that and here is why
Charlie is wrong. Use can use Bob and Charlies
name in the footnotes.

III. Conclusion
Restates your thesis, summarizes your major
points, and reminds the reader why your issue
and thesis is important.
Does not include your recommendations or
solution section-should constitute a separate
section.

CITATION
A. When to cite
1) You must cite every time you refer to,
paraphrase, or quote from a law or another
persons work.
2) When you cite to a law, always cite to the
primary source (law, regulation, or case that is
the origin of the rule).

Ex. Do not write that the passage of a divorce law
in the Philippines would strengthen the policy
values being promoted in the Magna Carta of
Women or RA 9710 and then cite to a law
review article.
Remember: Cite to the law first, and if you want
to include a secondary source that discusses the
law, then do that second.
B. How to Cite:
You may use any citation style you are most
comfortable with but please indicate in your
paper the citation style you used so I could
ascertain whether you have applied it correctly
or not.
Recommended:
THE BLUEBOOK: A UNIFORM SYSTEM OF CITATION
THE PHILIPPINE LEGAL CITATION (Milagros Santos-
Ong, Legal Research and Legal Citations for the
Philippines