Sie sind auf Seite 1von 24

Group 3: Books and Other Published Legal Materials

Introduction The last couple of weeks have been a good test for most students enrolled as freshmen in law. For some, it became more interesting as various class discussions led by the professors have taken off. For some, it is starting to provide a seeming drown with the sea of reading materials. With such challenge, one is led to ask the very reason of going to class and study law -- to become a lawyer. Some have been starting to ask whether it is really this difficult to become a lawyer. As the professors have said, it is not going to be easy; but if you want to, then you will be one. To become a lawyer, the final hurdle is to pass the Bar. The Bar is composed of eight (8) major subjects. And before one qualifies to take the Bar, one must acquire a law degree. Earning a law degree is not easy, as fair warning have been given. But as the mentors have said, it is both the knowledge from the readings and the training in handling the load that prepares a student for the law profession. And yes, this involves hundreds of books and thousands of cases. Reading through thousands of pages of texts and hundreds of topics, one might be drowned with so many different ideas. This could then lead to the question of what actually are we studying in Law School and how does it relate to what we need to study for the Bar? And as one starts to look into particular fields of interest, what topics in law have a wide literature as a reference for conducting legal research? Presentation Objectives This report seeks to summarize the available literature in each field of law study. Methodology This report shall proceed by presenting the current eight (8) bar subjects and matching it with the law school courses that comprise each bar subject; and looking into the literature available in each field. Discussion Flow 1. What are the eight (8) Bar subjects? 2. What are the law school courses in AUSL? 3. What are the major groupings provided by the author? 4. What topics have literature written so far?

Page 1 of 24

Group 3: Books and Other Published Legal Materials

1. Bar Subjects:
1. 2. 3. 4. 5. 6. 7. 8. Political and International Law Labor and Social Legislation Taxation Civil Law Mercantile Law Remedial Law Legal Ethics Criminal Law AM 1. Political & International Law 2. Labor and Social Legislation 4. Civil Law 6. Remedial Law 7. Legal Ethics Trial Memorandum PM 3. Taxation 5. Mercantile Law 8. Criminal Law Legal Opinion, with One Legal Form

Week Sun 1 Sun 2 Sun 3 Sun 4

Page 2 of 24

Group 3: Books and Other Published Legal Materials

2. Law School Subjects (AUSL):


1. Political and International Law a. [Constitutional Law 1] Structure of Government
b. c. d. e. f. a. b. c. a. b. c. a. b. c. d. e. f. g. h. i. j. k. l. a. b. c. d. e. a. b. c. d. e. f. a. b. a. b. c. a. b. c. d. e. [Constitutional Law 2] Bill of Rights Public International Law Administrative Law, Pubic Officers & Election Law Public Corporations Political Law Review [Labor Law 1] Labor Standards and Social Legislation [Labor Law 2] Labor Relations Labor Law Review Taxation 1 Taxation 2 Taxation Law Review Persons & Family Relations Obligations & Contracts Property Negotiable Instruments Torts & Damages Credit Transactions Land Titles & Deeds Sales Wills & Succession Conflicts of Laws [Business Organization 1] Agency & Partnership Civil Law Review (I & II) Insurance [Business Organization 2] Corporations Intellectual Property Technology & the Law Commercial Law Review (I & II) Criminal Procedure Civil Procedure Evidence Special Proceedings Alternative Dispute Resolution Remedial Law Review (I & II) Legal Ethics Problem Areas in Legal Ethics Criminal Law 1 Criminal Law 2 & Special Penal Laws Criminal Law Review Legal Research & Writing Advanced Legal Writing Statutory Construction Legal Forms Legal Medicine

2. Labor and Social Legislation

3. Taxation

4. Civil Law

5. Mercantile Law

6. Remedial Law

7. Legal Ethics 8. Criminal Law

* Special Subjects

3. Books and Other Published Legal Materials [Santos-Ong]


Page 3 of 24

Group 3: Books and Other Published Legal Materials

I.

Reference Materials Dictionaries International Treaties Form Books Statutory Law


Statutory Law Book Compilation Statute Finder Index Administrative Rules and Regulations

20 2 12
25 14 4

II.

III.

Case Law/ Jurisprudence


Case/ Court Reports Case Finders (Digest & Index, etc.) 14 22

IV. Treaties/ Annotations/ Commentaries, etc.


1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Other Civil Law Commercial Law Criminal Law Labor Law Legal and Judicial Ethics Legal Medicine and Other Medical Laws Legal Philosophy Legal Research and Writing Political Law Remedial Law Statutory Construction Taxation Tariff and Customs Code Special Topics

In general, legal research is the process of finding laws, rules and regulations that govern activities in human society. It involves locating both the laws and rules which are enforced by the State and the commentaries which explain or analyze these rules. Legal research involves the use of printed and electronic sources. The printed sources include the Constitution statutes, court decisions, administrative rules and scholarly commentaries. In law, these latest legal information/ materials must be readily available not only to the legal research profession but to the public as well. Three (3) Broad Categories of Legal Literature A. Primary Sources (recorded laws and rules which will be enforced by the State) B. Secondary Materials (not primary authority but which discussed or analyze legal doctrine, it includes treaties, commentaries and encyclopedias) C. Finding Tools (only a means for locating primary sources) Law Books of Secondary Authority 1. Case Digest Page 4 of 24

Group 3: Books and Other Published Legal Materials 2. 3. 4. 5. 6. Treaties and Textbooks Bar Reviewers Legal Periodicals Legal Encyclopedia Law Dictionaries

Now, we will discuss the books and other published legal materials.. Statute Finder(Index) These are materials used by the researcher to locate the desired statute easily. Researcher should determine which words or phrases relate to the issues one researching and then locate these words and phrases in the general index, which will help direct to the appropriate statute. Sample of Published Materials 1. Title: Subject: Author : Publication Info: Subject and title index to Executive Orders February 25, 1986-July 26, 1987 Executive power -- Philippines Vyva Victoria Aguirre QC: U.P. Legal Resources Center, 1987

2. Title: Subject: Publication Info: Compendium of Philippine laws. Laws of the Philippines -- Indexes QC: House of Representatives, Congressional Library, 1989

Administrative Rules and Regulations Administrative agencies and other government instrumentalities have their own regulations and regulations which are generally not published. Researcher can get these regulation by going to the specific government agencies official website. Alternate Resources: Philippine Law Journals such as Court Systems Journal, Lawyers Review, Philippine Official Gazette Bulletin and/or Newsletter of the Administrative Agency and Instrumentality

CASE LAW/JURISPRUDENCE
Case law refers to the creation and refinement of law in the course of judicial decisions. It refers to the entire collection of published legal decisions of the courts which, because of Stare Decisis, contributes a large part of the legal rules which apply in modern society. Jurisprudence has come to refer to case law, or the legal decision which were developed and which company statutes in applying the law against situation of fact. Page 5 of 24

Group 3: Books and Other Published Legal Materials Case/Court Reports Compilations of judicial decisions are printed in case reports or reporters. As with the statutes, these are both official case reports and commercially-produced reporters. A. Official Publication Official sources are those publications sanctioned by the government or court as the authoritative text of the law. Courts generally require citation to official sources of law. For Supreme Court Decisions, the primary sources are Philippine Reports (Vol. 1-132) and the Official Gazette. B. Unofficial Publication Unofficial sources are commercially published and often more timely. They are editorially enhanced to published sources are being designated as the official texts to be cited to courts. a. Published by the Central Lawbooks Inc : e.g. Supreme Court Reports Annotated or SCRA,Court of Appeals Reports Annotated: Selected Decisions of the Court of Appealsin 1986/compiled, Supreme Court Unpublished Decisios (March 1946-February 1952) compiled by David Nitafan b. Published by the REX Bookstore : e.g. Supreme Court Advance Decisions or SCAD, c. Lex Libris for for electronic format. (Lex Libris: Jurisprudence. CD Asia Technologies) Case Finders (Digest and Index) Digests are usually the best source to locate cases on a specific topic. They are arranged by broad subjects which are further subdivided. It also have a Descriptive Word Index to help find the most appropriate subject, Topic Outlines and a Case Name Table to locate citation when you have the parties name. Title: Publication Info: Supreme court reports annotated : Quick index-digest. Quezon City : Central Book Supply Vol. 1-Present Annual Publication

Page 6 of 24

Group 3: Books and Other Published Legal Materials

1. Civil Law
CIVIL LAW generally treats of the personal and family relations of an individual, his property and successional rights, and the effects of his obligations and contracts. Below are the law school subjects under the Civil Law: Persons and Family Relations. Views the effect and application of laws and the law on human relations, and examine the legal norms affecting civil personality, marriage, property relations between husband and wife, legal separation of property, family, paternity and filiation, adoption, guardianship, support, parental authority, surnames, absence and emancipation, including the rules of procedures relative to the foregoing.(Preliminary Title and Book I of Republic Act No. 386- New Civil Code, E.O. 209 as amended by E.0. 227 [Family Code], RA 6809 [Lowering the Age of Majority], Child and Youth Welfare Code, Code of Muslim Personal Laws of the Philippines, etc.) Obligations and Contracts. Deals with the nature, kinds and effects of obligations and their extinguishment; contracts in general, their requisites, form and interpretation; and kinds including defective contracts, quasi-contracts, natural obligations, and estoppel. (Book IV of RA 386-New Civil Code) Property. Covers different kinds of property; ownership, possession, usufruct, easements or servitudes, nuisance, and the different modes of acquiring ownership. (Book II of RA 386New Civil Code) Negotiable Instruments. Examines statutory provisions governing negotiable instruments as well as other commercial papers, including investment papers and money market instruments. (RA 2031- Negotiable Instruments Law) Torts and Damages. Analyzes the law on quasi-delicts as well as the nature, classes and extent of damages. (Book IV of RA 386-New Civil Code) Credit Transactions. Governs loans and deposits, including mortgages, pledge, antichresis, guaranty, sureties and other securities or collaterals. (Book IV of RA 386-New Civil Code) Land Titles and Deeds. Deals with the system and methods of registration of titles and deeds to land. (Property Registration Decree, Public Land Act, etc.) Sales. Study of the contract of sale, its nature and form, the obligations of the vendor and the vendee, warranties, remedies, breach of contract, and conventional and legal redemption. The course includes assignment of credits and incorporeal rights and the Bulk Sales Law. (Book IV of RA 386-New Civil Code) Wills and Succession. Covers testate and intestate succession, including wills, institution of heirs, computation of legitimes of compulsory heirs, disinheritance, and partition and distribution of the estate. Also takes up rules of procedure on the settlement and administration of the estate of deceased persons. (Book III of RA 386-New Civil Code) Conflicts of Laws. Deals with legal transactions or relationships involving foreign elements with emphasis on the choice of law methods, including problems in jurisdiction and in recognition and enforcement of foreign judgements. Agency and Partnership (Business Organization I). Combines the laws of partnership, agency and trusts. (Book IV of RA 386- New Civil Code) Civil Law Review I. Generally integrates the principles in civil law covering the effect and application of laws, the law on human relations, Persons and Family Relations, Property, Page 7 of 24

Group 3: Books and Other Published Legal Materials Ownership and its Modifications, the Different Modes of Acquiring Ownership, including Succession. Pertinent provisions of special laws and the Rules of Court are also reviewed. Civil Law Review II. Generally integrates the principles in civil law relating to obligations and contracts, sales, lease, quasi-contracts, quasi-delicts and damages. Agency. The contract of agency is one whereby a person binds himself to render some service or to do something in representation or on behalf of another, with the consent or authority of the latter. Simply stated, this branch of commercial law separates and regulates the relationships between the following persons: 1. Agents and principals 2. Agents and third parties with whom they deal on their principals behalf 3. Principals and third parties when the agents purport to deal on their behalf (Article 1868 of the New Civil Code of the Philippines) Muslim Personal Laws. Presidential Decree issued by former President Ferdinand E. Marcos on February 4, 1977 to ordain and promulgate a code recognizing the system of Filipino Muslim Laws, codifying Muslim Personal Laws and providing for its administration and for other purposes. (Presidential Decree 1083: Code of Muslim Personal Laws of the Philippines) Agrarian Reform. This program aims for a more equitable distribution and ownership of land, balancing the rights of landowners to just compensation and to provide the opportunity for our farmers, farm workers and the like to improve their quality of life. Related Laws: Republic Act 6657: Comprehensive Agrarian Reform Law of 1988 Republic Act 8532: An Act Strengthening Further the Comprehensive Agrarian Reform Program by Providing Augmentation Fund Therefor, Amending for the Purpose Section 63 of RA 6657 Republic Act 7907: An Act Amending Republic Act 3844, as amended, otherwise known as the Code of Agrarian Reform in the Philippines Republic Act 7905: An Act to Strengthen the Implementation of the Comprehensive Agrarian Reform Program and for Other Purposes (Amended Secs. 35 (Creation of Support Services Office), 36 (Funding for Support Services), 44 (Creation of Provincial Agrarian Reform Coordinating Committee [PARCCOM]), 45 (Province-by-Province Implementation) Republic Act 7881: An Act Amending Certain Provisions of RA 6657, Entitled An Act Instituting A Comprehensive Agrarian Reform Program to Promote Social Justice and Industrialization, Providing the Mechanics for Its Implementation, and for Other Purposes Natural Resources. The course covers laws on the control of pollution, hazardous and toxic wastes including zoning regulations in aid of pollution control. It looks at the state of local and international legislation and agreements including agencies that address environmental problems as well as the problems of enforcing environmental laws. Related Laws: RA 9175: Chain Saw Act of 2002 RA 9168: Philippine Plant Variety Protection Act of 2002 RA 9154 : Mt. Kanla-on Natural Park (MKNP) Act of 2001 Page 8 of 24

Group 3: Books and Other Published Legal Materials RA 9147: Wildlife Resources Conservation and Protection Act RA 9072: National Caves and Cave Resources Management and Protection Act RA 9003: Ecological Solid Waste Management Act of 2000 RA 8749: Philippine Clean Air Act of 1999 Implementing Rules & Regulations of the Philippine Clean Air Act of 1999 RA 8550: Philippine Fisheries Code of 1998 RA 8485: Animal Welfare Act of 1998 RA 8435: Agriculture & Fisheries Modernization Act of 1997 RA 8371: The Indigenous Peoples Rights Act of 1997 RA 8172: An Act for Salt Iodization Nationwide (ASIN) RA 8048: Coconut Preservation Act of 1995 RA 8041: The Water Crisis Act of 1995 RA 7942: Philippine Mining Act of 1995 RA 7907: Amendment to the Agrarian Reform Code RA 7900: High-Value Crops Development Act of 1995 RA 7611: Strategic Environmental Plan for Palawan Act RA 7586: National Integrated Protected Areas System Act of 1992 RA 7308: Seed Industry Development Act of 1992 RA 7161: Tax Laws Incorporated in the Revised Forestry Code RA 7076: Peoples Small-Scale Mining Act of 1991 RA 6969: Toxic Substances & Hazardous & Nuclear Wastes Control Act of 1990 RA 4850: An Act Creating the Laguna Lake Development Authority (LLDA) EO 927: Further Defining Certain Functions and Powers of the LLDA LLDA Resolution 33 Series of 1996: Approving the Rules and Regulations Implementing the Environmental User Fee System in the Laguna De Bay Region RA 4190: Lanao Del Sur National Parks RA 3931: National Water & Air Pollution Control Commission Act RA 3571: Prohibition Against Cutting of Trees in Public Roads, Plazas, etc. BP 701: An Act Amending Section 36 of PD 705, Otherwise Known As The Revised Forestry Code of the Philippines BP 58: An Act Amending RA 5474, as Amended by RA 6145 (Re: Prohibiting the Catching, Selling, Offering to Sell, Purchasing any of the Fish Species called Gobiidae or Ipon) PD 2001: Withdrawal of Lead in Gasoline PD 1899: Small-Scale Mining Law PD 1775: Amendment to the Revised Forestry Code PD 1433: Plant Quarantine Law of 1978 PD 1219: The Coral Resources Development & Conservation Decree PD 1152: Philippine Environment Code PD 1151: Philippine Environmental Policy PD 1067: The Water Code of the Philippines PD 984: National Pollution Control Commission PD 979: Marine Pollution Decree of 1976 PD 856: Code on Sanitation of the Philippines PD 825: Penalty for Improper Garbage Disposal PD 813: Amending Certain Sections of RA 4850 (LLDA Act of 1966) PD 705: Revised Forestry Code of the Philippines PD 704: Philippine Fisheries Code of 1975 PD 601: Revised Coast Guard Law PD 274: Pertaining to the Preservation, Beautification, Improvement and Gainful Utilization of the Pasig River, Providing for the Regulation and Control of Pollution of the River and Page 9 of 24

Group 3: Books and Other Published Legal Materials Its Banks in Order to Enhance Its Development., Thereby Maximizing Its Utilization for Socio-Economic Purposes EO 52: Creating the Pasig River Rehabilitation Commission EO 65: Amending EO 54 Series of 1999 Act 4062: An Act to Reserve to the Philippine Legislature the Disposition of the Waters of the Public Domain for the Utilization and Development of Hydraulic Power Act 4003: The Fisheries Act Act 3983: An Act to Protect Wild Flowers and Plants in the Philippine Islands and to Prescribe Conditions Under Which They May Be Collected, Kept, Sold, Exported, and for Other Purposes Act 3572: Prohibition Against Cutting of Tindalo. Akli and Molave Trees EO 247 (1995): Guidelines on Biological & Genetic Resources EO 542 (Pres. Marcos): Task Force Pawikan Proclamation No. 2146: Environmental Impact Statement System Areas/Types of Projects Proclamation 926 (Pres. Corazon Aquino): Subic Watershed Forest Reserve Law Proc 740, 594, 2 Quezon National Park DENR Administrative Order 03: Preferential Treatment of Small Fisherfolks (15-km Mun. Water) Bureau of Forest Development Circular 08: Regulations for the Conservation of Marine Turtles EO 192 (1987): Reorganization Act of the DENR Latest Issuances of the DENR DENR-DILG-LGUs Partnership Manual of Procedures

Treaties/ Annotations/ Commentaries, etc. Civil Law Some of the references cited by Milagros-Ong are as follows: Persons and Family Relations Paras, Edgardo. Civil Code of the Philippines Annotated. Manila: Rex Bookstore (2002-2004) 5 vols. Tolentino, Arturo. Commentaries and Jurisprudence on the Civil Code of the Philippines. QC: Central Book Supply, Inc. (2001-2002) 5 vol. Barte. Laymans Handbook on Family Code. QC: Central Book Supply (2008)

Obligations and Contracts Agpalo, Ruben. Obligations and Contracts. Manila: Rex Bookstore (2008) 512p. De Leon, Hector. Comments and Cases on Obligations and Contracts. 4th ed . Manila: Rex Bookstore (2003) 914p. Property De Leon, Hector. Comments and Cases on Property. 5th ed . Manila: Rex Bookstore (2007) 760p. Rabuya, Elmer. Property. Manila: Rex Bookstore, Inc. (2008)

Page 10 of 24

Group 3: Books and Other Published Legal Materials Torts and Damages Aquino, Timoteo. Torts and Damages. Manila: Rex Bookstore (2005) 947p. Largo, Joan. Laws and Jurisprudence on Torts and Damages. Manila: Rex Bookstore (2007) 210p. Credit Transactions Abad Santos, Vicente. Statutory Provisions, Cases and Text on Credit Transactions. Manila: Philaw Pub. (1961) 241p. De Leon, Hector. Comments on Cases on Credit Transactions. 9th ed. Manila: Rex Bookstore, Inc. (2006) 719p. Land Titles and Deeds Agcaoili, Oswaldo. Property Registration Decree and Related Laws. Manila: Rex Book Store (2006) 977p. Pena, Narciso. Registration of Land Titles and Deeds. Manila: Rex Bookstore (2008) 965p. Sales Aralar, Reynaldo. Comprehensive Commentaries on the Law of Sales. QC: Central Book Supply (2008) Villanueva, Cesar. Law on Sales. Manila: Rex Bookstore (2004) 869p. Wills and Succession De Leon, Hector. Comments and Cases on Succession. Manila: Rex Book Store (2003) 661p. Diy, Alicia Sempio. Succession in a Nutshell. QC: Joer Printing Services (2004) 124p. Conflicts of Laws Agpalo, Ruben. Conflict of Law. 2004 ed. Manila: Rex Bookstore, Inc. (2004) 669p. Aquino, Ranhilio. Review Notes on Conflict of Laws. QC: Central Books Supply (2000) Agency and Partnership (Business Organization I) De Leon, Hector. Comments on Partnership, Agency and Trusts. Manila: Rex Book Store, Inc. (2005) 717p. Capistrano, Francisco. The Philippine Law of Agency. Manila: Pasicolan Book Service (1960) 88p. Pasimio, Renato. Partnership, Agency and Trusts. QC: Central Book Supply (2006) 499p.

Some of the listed bar reviewers are as follows: Agcaoli, Bar Reviewer in Property Registration and Related Proceedings. Manila: Rex Bookstore (2008) Albano, Ed Vincent. Bar Review Guide in Civil Law. 3rd ed. Manila: Rex Bookstore (2000) 888p. Jurado, Desiderio. Civil Law Reviewer. Manila: Rex Bookstore (2006) Agency Aralar, Reynaldo B. Agency, Sales, Bailments and/or Credit Transactions; Law and Jurisprudene. 2006 ed. Mandaluyong: National Book Store (2006) 360p. Nolledo, Jose N. Handbook on Sales, Agency and Bailments. 1990 rev. ed. Manila: National Book Store (1990) 416p. Page 11 of 24

Group 3: Books and Other Published Legal Materials Pineda, Ernesto L. Partnership, Agency and Trusts. Q.C.: Central Book Supply, Inc. (2006) 499p. Muslim Personal Laws Alauya, Saaduddin. Quizzer in Muslim Personal Law With Legal Opinion. 4 th ed. Manila: Rex Book Store (2007) 274p. Arabani, Bensaudi. Commentaries on the Code of Muslim Personal Laws of the Philippines with Jurisprudence and Special Procedure. Manila: Rex Book Store (1990) 771p. Majul, Cesar Adib. The General Nature of Islamic Law and Its Application in the Philippines (1976) Agrarian Reform German, Milagros A. Rulings from the SCRA in Agrarian Cases: Annotated from July 3, 1993 to January 5, 1998 With the Latest Trends in Substantive and Procedural Law-Agrarian Reform. Mandaluyong City: National Book Store (2000) 229p. Barte, Recaredo. Law on Agrarian Reform. Manila: Rex Book Store (2003) 529p. Rodriguez, Rufus. Comprehensive Agrarian Reform Law Annotated. Q.C.: Central Professional Books, Inc. (2004) 350p. Natural Resources Agcaoili, Oswaldo. The Law on Natural Resources. Manila: Rex Book Store (2007) 581p. Pena, Narciso. Philippine Law on Natural Resources. Manila: Rex Book Store (1997) 447p. Philippine Mining Act of 1995 and Related Laws Comp. & edited by the CBS Editorial Staff. Q.C.: Central Books Supply (1998) 352p.

Page 12 of 24

Group 3: Books and Other Published Legal Materials

2. Commercial Law
As for Commercial law which is the body of law that governs the broad and sometimes vague areas of business, consumer transaction, and commerce, the primary sources are:
Negotiable Instruments Law (Act No. 2031) Corporation Code (Batas Pambansa Bilang 68) Insurance Code (Presidential Decree No. 612) The Insurance Code of 1978 : A Decree to Consolidate and Codify All the Insurance Laws of the Philippines (Presidential Decree No. 1460). An Act Amending Certain Sections of Presidential Decree Numbered Fourteen Hundred and Sixty, Otherwise Known as the Insurance Code of 1978. (Batas Pambansa Bilang 874) Amending Certain Sections of Presidential Decree No. 1460, Otherwise Known as the Insurance Code. (Presidential Decree No. 1814) Insurance Act (Act No. 2427) Business Organizations Foreign Investment Laws of the Philippines (A Compilation) Foreign Investment Brief Intellectual Property Laws of the Philippines (A Compilation) Retail Trade Liberalization Act of 2000 The Electronic Commerce Act of 2000 Philippine Year 2000 Disclosure and Readiness Act Financing Company Act of 1998 An Act Amending R. A. No. 8182 Revised Non-Stock Savings and Loan Association Act of 1997 An Act Liberalizing the Philippine Investment House Industry Magna Carta for Small Enterprises Anti-Dumping Act of 1994 The Price Act The Consumer Act of the Philippines Carriage of Goods by Sea Act An Act to Prevent the Excessive Increase in the Price of Certain Prime Necessities of Life on the Occasion of a Public Calamity, Penalizing the Violation Thereof, and for Other Purposes. (Act No. 4164) The Bulk Sales Law

These are primary sources because again, primary sources of law are the official pronouncements of the governments lawmakers: court decisions, statutes, and regulations. They are products of official bodies with the authority to make law. In other words, they are the legal rules that govern the society. Example of secondary sources of Commercial law, on the other hand, is USEC Ernesto L. Pinedas Sales and Other Special Contracts, 2002 edition. Another is Dean Antonio Abads Negotiable Instruments Law published in the year 2006. Also, Commentaries and Jurisprudence on the Commercial Laws of the Philippines, published in the year 1996, of Aguedo Agbayani, and the like. These are secondary sources because they provide commentary and background information on the primary sources of law or assist in locating the law. They provide a quick overview or an in depth analysis of the general law relating to a topic, with references to leading cases or relevant legislation.

Page 13 of 24

Group 3: Books and Other Published Legal Materials

3. Criminal Law
Books on The Revised Penal Code, Pointers in Criminal Law, etc. published by different authorize person such as Reyes, Luis: The Revised Penal Code. Rex Books tore A. Bar Reviewers in Criminal Law (Criminal Law Reviewer in Special Penal Laws, Comprehensive Reviewer in Criminal Law.Author: Boado, Leonor, etc. Rex Bookstore) B. Anti- Money Laundering (AMLA Laws Discussed. Central and Rex Bookstore) C. Bouncing Checks (Handbook on Batas Pambansa 22 and Estafa. Cebtral Bookstore and Central) D. Dangerous Drugs (A Comprehensive Dangerous Drugs Act- Republic Act 9165) E. Libel (Fundamentals of Libel Law 2nd ed. Reyes, Luis. National Bookstore) F. Sexual Violence, Juvenile Delinquency etc. (Victimless Crimes in the Philippines, Law on Rape, Sexual Harassment and Violence Against Women Central and Rex) G. Environmental Law (Environmental Laws in the Phil, Legal Arsenal for the Phil Environment-SCPS)

Page 14 of 24

Group 3: Books and Other Published Legal Materials

4. Labor Law
Labor Law as a law school subject is taught in two separate courses: Labor Law 1 & Labor Law 2. Labor Law 1 looks into the minimum labor standards as well as social legislation. Labor Standards include: -pre-employment which looks into recruitment and placement of workers as well as employment of non-resident aliens (Bk I) -human resources development which looks into manpower development and trainin and employment of special workers (Bk II) -working conditions of employees which looks into working conditions and rest periods, wages, and working conditions for special groups of employees (Bk III) -health, safety, and social welfare benefits which looks into medical, dental, and occupational safety, compensation and insurance, medicare, and adult education (Bk IV) Labor Standards also include Special Laws on: -RA8042: Migrant Workers and Overseas Filipino Act -RA7796: The TESDA Law -RA7277: Magna Carta for Disabled Persons -13th Month Pay -Paternity Leave -Protection and Welfare of Women -Sexual Harassment -Child Abuse Social Legislation looks into special laws that include statutes and decrees ensuring social welfare, which include: -RA8282: Social Security Act of 1997 -PD1146: GSIS Law -RA7875: PhilHealth Law Labor Law 2 looks into labor relations between the employee and the employer as well as PostEmployment relations, which include: -Labor relations looks into employee rights to self-organization and collective bargaining, including laws on unfair labor practices, grievance mechanisms, trade unions, strikes, and lockouts (Bk V) -Labor relations also include post-employment relations, which covers classes of employment, termination and dismissal, and retirement (Bk VI) -this also covers penal provisions of the Code and prescription of actions and claims Santos-Ong noted fifty-five (55) books on Labor Law. Following the brief description above on Labor Law, the books listed can be classified into four (4): the Codals, general Labor, Labor 1 text, and Labor 2 text. Category Labor Law Codals Labor (general) Labor 1 Sub-Category Titles 55 titles 3 titles 18 titles 7 titles 5 titles 2 titles 2 titles 2 titles 2 titles 6 titles 4 titles 3 titles 1 title. 4 titles

Labor 2

Labor Standards & Social Legislation Labor Standards Overseas Employment/ Workers Rights Civil Service Househelpers Hiring/ Job Contracting Labor Relations Termination Arbitration Strikes

Bar Reviewers

Page 15 of 24

Group 3: Books and Other Published Legal Materials

5. Legal and Judicial Ethics


Legal Ethics [Legal and Judicial Ethics] is the branch of moral science which treats of the duties which an attorney owes to the court, to his client, to his colleagues in the profession, and to the public (Malcol, Legal and Judicial Ethics, [1949] as cited in Pineda, Legal Ethics [2009]). Legal Ethics is offered in two courses: Legal Ethics and Advanced Legal Ethics. Legal Ethics provides the necessary moral foundation in the practice of law to guide lawyers in their practice. This includes looking into: -Code of Professional Responsibility -Canons of Professional Ethics -jurisprudence, moral law, and special laws Advanced Legal Ethics is a focused course on investigating and solving problem situation which lawyers and judges face in the practice of the profession Santos-Ong noted forty-two (42) books on Legal Ethics. Following the brief description above on Legal Ethics, the books listed can be classified into four (4): Ethics, Law Practice/Legal Profession, Bar Reviewers in Legal Ethics, and general Bar guides. Category Legal Ethics Ethics Law Practice/ Legal Profession Bar Reviewers in Legal Ethics Bar Guides Titles 42 titles 12 titles 11 titles 6 titles 13 titles

6. Legal Medicine and Other Medical Laws


Legal medicine is the branch of law that deals with medico related matters. Santos-Ong noted thirteen (13) books on Legal Medicine and other Medical Laws. After a brief review of the titles, said books can be categorized into five (5) categories: Category Legal Medicine and Other Medical Laws Specific Health Science Legal Medicine Medical Health Professional Forensic Science Psychological Incapacity Titles 13 titles 4 titles 3 titles 3 titles 6 titles 1 title .

Page 16 of 24

Group 3: Books and Other Published Legal Materials

7. Legal Philosophy
LEGAL PHILOSOPHY- refers to the branch of philosophy that is concerned with law and the principles leading courts to make decisions. Legal philosophy is also concerned with the evaluative theories of law. It provides a general philosophical analysis of law and legal institutions. There are 9 recommended references and some are: Aquino, Ranhilio. A Philosophy of Law: An Introduction to Legal Philosophy. QC.: Central Book Supply (2006) 220p. Pascual, Crisolito. Introduction to Legal Philosophy. QC.: UP Law Center (1997) 572p. Rodriguez, Rufus. Introdution to Law. Manila: Rex Bookstore, Inc. (2001) 193p. Santiago, Miriam. History and Philosophy: The Great Philosophers. QC.: Central BookSupply (2003) 351p.

8. Legal Research and Writing


LRW teaches students to research legal sources, analyze the law, apply the law to a clients facts, organize a legal argument, and communicate that argument in writing. Frequently, students comment that the skills they learn in LRW help them succeed in other first-year courses and in their first legal jobs. The Recommended references are: Abad. Fundamentals of Legal Writing. Manila Rex Bookstore (2004) Gupit, Fortunato ans D. Martinez. A guide to phil Legal Materials. Manila Rex Bookstore (1993) Javines , Francisco. Legal Writing. Manila Rex Bookstore (1993) Jimenez. Legal Writing Rodriguez, Rufus. Legal Research. Manila Rex Bookstore (2002) Santos-Ong, Milagros. Phil Legal Research. Q.C. Central Book Supply (2007)

9. Political Law
POLITICAL LAWis that branch of public law which deals with the organization and operations of the governmental organs of the State and defines the relations of the State with the inhabitants of its territory. A CONSTITUTION is the fundamental law of the land. a. The Constitution currently in effect was enacted in 1987, during the administration of President Corazon C. Aquino, and is popularly known as the "1987 Constitution". There are 25 recommended references and some are: 5 books authored by Bernas, Joaquin published by Rex Bookstore The 1987 Constitution of the Republic of the Philippines The 1987 Philippine Constitution 2008 Supplement The 1987 Constitution: A Comprehensive Review The Intent of the 1987 Constitution The 1987 Philippine Constitution for Ladies, Gentlemen and others. Page 17 of 24

Group 3: Books and Other Published Legal Materials * Philippine constitutional law experts recognize three other previous constitutions as having effectively governed the country the 1935 Commonwealth Constitution, the 1973 Constitution, and the 1986 Freedom Constitution. b. Provisional/1986 Freedom Constitution Following the EDSA People Power Revolution that removed President Ferdinand E. Marcos from office, the new President, Corazon C. Aquino issued Proclamation No. 3 as a provisional constitution. It adopted certain provisirons from the 1973 constitution and granted the President broad powers to reorganize the government and remove officials from office, and mandated that the president would appoint a commission to draft a new constitution. There are 4 recommended references namely: De leon, Hector. Textbook on the provisional Constitution. (1986) Manansala, Manuel. The 1986 Provisional Constitution of the Republic of the Philippines(1986) Martin, Ruperto. Law and Jurisprudence on the Freedom Constitution of the Philippines: premium Books(1986) Suarez,Rolando. Notes and Comments on Proclamation No.3 and the Provisional Constitution of the Republic of the Philippines(1986) c. The 1973 Constitution, promulgated after Marcos' declaration of martial law, was supposed to introduce a parliamentary-style government. There are 16 recommended references some are: Bernas, Joaquin,The (Revised) Philippine Constitution. 1983 ed. Manila: Rex Bookstore (1983) 2 vols. Fernando, Enrique. The Constitution of the Phils. 2d ed. Q.C: Central book Supply (1997) 1056p. Mendoza, Vicente. Government Under the New Constitution. Q.C.: UP Law Center( 1975) d. The 1935 Constitution- this was written in 1934, approved and adopted by the Commonwealth of the Philippines (19351946) and later used by the Third Republic of the Philippines (19461972). It was written to ensure that the U.S. would live up to its promise to grant the Philippines independence. There are 7 recommended references some are: Aruego, Jose. Phil Political Law. Manila: University Pub (1950). 404p Nolledo, J. constitution of the Phils.. Manila: National Bookstore (1971) 192p. Villaluz, N. Commentaries and Opinions on the Constitution. (1935) e. Comparative- a study of comparison between the 3 Constitutions: Some references are: Pacis, Vicente. Founders of Freedom: Histry of the three Philippines Constitutions. (1971) Padilla, Ambrosio. The 1987 Constitution of the Republic of the Philippines. Vol 3 Sison, Carmelo. Comparative Study of the 1987, 1973 and 1935 Phil Constitutions. Q.C UP Law Center (1999).

Page 18 of 24

Group 3: Books and Other Published Legal Materials

10. Remedial Law


Remedial is that which prescribes the manner of enforcing Legal Rights and claims. REMEDIAL LAW is that branch of law which prescribes the method of enforcing rights or obtaining redress for their invasion. It is also known as Adjective Law. SUBSTANTIVE LAW is one which creates, defines, and regulates rights. PROCEDURE is the method of conducting a judicial proceeding. It includes whatever is embraced in the technical terms, pleadings, practice, and evidence. It is the means by which the power or authority of a court to hear and decide a class of cases is put to action. JURISDICTION is the power to hear and decide cases. It is the power with which courts are invested with the power of administering justice, that is, for hearing and deciding cases. In order for the court to have authority to dispose of a case on the merits, it must acquire jurisdiction over the subject matter and the parties. a. Related Bibliography i. Aguilar, narciso. Remedial Law; Basic Provisions Annotated. Q.C.: Central Book Supply (2004) 598p.
Title: Author: Publisher: ISBN: No. of Pages: Size: Edition: Binding: Price: Description: Remedial Law Basic Provisions Annotated Judge Narciso M. Aguilar Central Book Supply, Inc. 978-971-691-943-1 678 6"X9" Second Edition,2009 Softbound 860.00 After the First Edition of this book came out in 2004, many developments transpired on various aspects of the Rules of Civil Procedure, particularly the amendments introduced in 2007. Moreover, jurisprudence was enriched with the latest rulings which came out as of 2008. Hence, some of the cases until December, 2008 are cited in this book.The author trusts that, as in the past, his readers and patrons will be glad to welcome this Second Edition.

ii. Aquino, Hilarion. Remedial Law; Doctrines Enunciated in Ponencias on Jurisdiction, Procedure and Evidence Including Useful outline. Q.C.: Central Book Supply (2002) 369p.
Title: Author: Publisher: ISBN: No. of Pages: Size: Binding: Price: Remedial Law Hilarion L. Aquino Central Book Supply, Inc 971-16-0507-4 369 6"x9" Hardbound P900

b. Bar Reviewer in Remedial Law Page 19 of 24

Group 3: Books and Other Published Legal Materials i. Salvador Bernardo Jr. Bar Reviewer in Remedial Law and Legal Ethics. Q.C.: Central Book Supply (2004) 288p.
Title: Author: Publisher: ISBN: No. of Pages: Size: Binding: Price: Bar Reviewer in Remedial Law and Legal Ethics Atty. Bernardino P. Salvador Jr. Central Book Supply, Inc. 971-691-304-4 288 6"x9" Softbound P480

c. Civil Procedure THE 1997 RULES OF CIVIL PROCEDURE Rules 1 to 71 Took effect on July 1, 1997, in accordance with the resolution in Bar Matter No. 803 adopted by the Supreme Court in Baguio City on April 8, 1997 Pursuant to the provisions of Section 5(5) of Article VIII of the Constitution, the Supreme Court hereby adopts and promulgates the following rules concerning the protection and enforcement of constitutional rights, pleading, practice and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged. i. Aguilar,Narciso. Fundamentals of Civil Procedure. Q.C.: Centrl Book Supply (2001) 417p.
Title: Author: Publisher: ISBN: No. of Pages: Fundamentals of Civil Procedure and Civil Actions Narciso M. Aguilar Central Law book Pub 9711604248 / 9789711604240 / 971-16-0424-8 417

ii. Bernardo, Oscar. Civil Procedure Annotated. Mandaluyong: National Book Store (2005) 431p.
Title: Author: Publisher: ISBN: No. of Pages: Civil procedure annotated Oscar B. Bernardo National Book Store 9710865889 431

d. Criminal Procedure 1985 RULES OF CRIMINAL PROCEDURE Rules 110 to 127 [As Amended per Resolutions Adopted by the Supreme Court on June 17, 1988 and July 7, 1989] i. Aguilar, Narciso. Revised Rules on Criminal procedure Annotated. 2nd ed. Q.C.: Central Book Supply (2005) 456p. Page 20 of 24

Group 3: Books and Other Published Legal Materials


Title: Author: Publisher: ISBN: No. of Pages: Size: Edition: Binding: Price: Description: The Revised Rules of Criminal Procedure Judge Narciso M. Aguilar Central Book Supply, Inc. 971-0354-76-0 456 6"x9" Second Edition, 2005 Softbound P680 The demand to come up with this volume has long arise considering that after the effectivity of the Revised Rules of Criminal Procedure on December 1, 2000, subsequent developments transpired relative thereto; hence, a new book on such subject matter is being expected.

ii. Garcia, Rodolfo. The Art of Criminal Investigation and Detection. Q.C.: Central Book Supply (2004)
Title: Author: Publisher: ISBN: No. of Pages: Size: Edition: Binding: Price: Description: The Art Of Criminal Investigation & Detection Atty. Rodolfo M. Garcia Central Book Supply, Inc. 971-691-311-7 195 6"X9" 2004 Edition Softbound P380 The presentation is anchored on the Principles and Concepts which serve as the skeletal framework; the explanations as the flesh of the skeleton; and the illustrative actual cases as the adornments or highlights. Thus, it will present a complete and finished product of the art to the mind of the reader. The author would have cited fifty or more cases but the constraints of space limited it to a few. This book has been written for Criminology students,Criminology Board Examination Reviewees, members of the law enforcement profession especially criminal investigators, members of the Philippine BAR and to all those who are involved or interested in our Criminal Justice System.

e. Evidence i. Aguilar, Narciso. Revised Rules on Evidence Annotated. Q.C.: Central Book Supply (2004) 403p.
Title: Author: Publisher: ISBN: No. of Pages: Size: Edition: Binding: Price: Revised Rules on Evidence Annotated Judge Narciso M. Aguilar Central Book Supply, Inc. 978-971-691-790-1 403 6"X9" Second Edition,2008 Softbound P600

Page 21 of 24

Group 3: Books and Other Published Legal Materials

ii. Generoso, E.B. Evidence for Everybody. Q.C. Central Book Supply (2006) 379p.
Title: Author: Publisher: ISBN: No. of Pages: Size: Edition: Binding: Price: Description: Evidence For Everybody E. B. Generoso Evergreen Publications 971-93489-0-9 310 6"x9" 2009 Edition Softbound P380 Blooming forth is this glossy yellowish paperback 2006 edition, a REPRINT from the original one, in what may appear an upswing from it all. I just could not stay focused on something I know can still take a turn for the better, and the better part of it, by the way, is not only confined to correcting errors but updating the text as well. And I did it with the same diligence as in this edition.

iii. Sibal, Jose Agaton. Evidence: A LawyersCompanion. Q.C. Central Book Supply (2006) 564p.
Title: Author: Publisher: ISBN: No. of Pages: Size: Edition: Binding: Price: Description: Compendium On Evidence Atty. Jose Agaton Sibal Central Book Supply, Inc. 978-971-011-113-8 596 6x9 2010 Edition Softbound P690

f.

Special Proceedings Special Proceedings is an application or proceeding to establish the status or right of a party, or a particular fact, generally commenced by application, petition or special form of pleading as may be provided for by the particular rule or law. i. Tabingan, Monroe. Special Proceedings. 2nd ed. Q.C. Central Book supply (2205) 821p.
Title: Author: Publisher: ISBN: No. of Pages: Size: Edition: Binding: Price: Description: Special Proceedings With Republic Act No. 9048 And its Implementing Rules Comments and Cases Monroe C. Tabingan Central Book Supply, Inc. 971-691-320-6 821 6"X9" Second Edition, 2005 Softbound P990 With Republic Act No. 9048 and Implementing Rules, Comments

Page 22 of 24

Group 3: Books and Other Published Legal Materials


and Cases.

11. Statutory Construction


Page 23 of 24

Group 3: Books and Other Published Legal Materials Definition- the art or process of discovering and expounding the meaning and intention of the authors of the law with respect to its application to a given case, where that intention is rendered doubtful, amongst others, by reason of the fact that the given case is not explicitly provided for in the law - only statutes with an ambiguous o doubtful meaning may be the subject of statutory construction Reference

12. Taxation
Definition-As a process - it is a means by which the sovereign, through its law-making body, raises revenue to defray the necessary expenses of the government. It is merely a way of apportioning the costs of government among those who in some measures are privileged to enjoy its benefits and must bear its burdens. -As a power - taxation refers to the inherent power of the state to demand enforced contributions for public purpose or purposes. Bar Reviewer for Taxation Income Taxation Reference

13. Tariff and Customs Code


Tariff duties are levied on imported goods either as a revenue generating measure or a protective scheme to artificially or temporarily inflate prices to protect a countrys domestic output and its industries from their foreign counterparts. Other Special topics in Tax Reference

Page 24 of 24

Das könnte Ihnen auch gefallen