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INTRODUCTION LEGAL RESEARCH - in general, is the process of finding laws, rule and regulations that govern activities in human society (Rodriguez, 2002) - involves locating both laws and rules which are enforced by the State and commentaries which explain or analyze these rules (Rodriguez, 2002) - the investigation for information necessary to support legal decision making (Rodriguez, 2002) NECESSITY OF LEGAL RESEARCH Legal research is an essential lawyering skill The ability to conduct legal research is essential for lawyers, regardless of area or type of practice. The most basic step in legal research is to find the leading case governing the issues in question. As most researchers know, this is far more difficult than it sounds. Often the issues are not correctly identified, or some issues are missed altogether. Issue identification is crucial for effective research. The law is constantly changing. Recent decisions of the Supreme Court of Canada clearly show the fluidity of legal doctrine. Even where there is a recent decision of the Supreme Court of Canada, split decisions of the court make it difficult to determine how the next case will be decided. In many areas there are conflicting decisions, or no binding authority. You must then research the law of other jurisdictions, and apply creative analysis to the existing case law or create an argument based on first principles. 6. Legal Profession and Legal Education The Constitution (sec.5) vests the Supreme Court with the power of admission to the practice of law. The judicial function to admit to the legal profession is exercised by the Supreme Court through a Bar Examination Committee. The requirements to be able to apply for admission to the bar are provided in Rule 138, sec. 2 and sections 5-6 (academic requirements). Every applicant for the admission must be a Filipino citizen and at least 21 years of age. As to the academic requirements, he should have finished a four year pre-law course and a four year law degree. The Bar Examinations are given during the four (4) Sundays of September of each year. The lists of lawyers who are allowed to practice are found in the Rolls of Attorneys of the Supreme Court and the publication of the Court entitled, Law List. The online version of the Law List, available in the Supreme Court and Supreme E-Library, includes the annual lists of additional members of the bar. Special Bar Exams for Sharia Court lawyers is provided for by virtue of the Court En Banc Resolution dated September 20, 1983. The exam is given every two years. Although the exam is conducted by the Supreme Court Bar Office, it is the Office of Muslim Affairs who certifies as to who are qualified to take the exam. Republic Act No. 7662, approved on December 23, 1993, provided for reforms in legal education and created a Legal Education Board. The Board shall be composed of a Chairman who shall preferably be a former justice of the Supreme Court of Court of Appeals and regular members composed of: a representative of each of the following: Integrated Bar of the Philippines (IBP), Philippine Association of Law Schools (PALS), Philippine Association of Law Professors (PALP), ranks of active law practitioners and law students sector. The reforms in the legal education system envisioned by Republic Act No. 7662 will require proper selection of law students, maintain the quality of law schools and require legal apprenticeship and continuing legal education. All attorneys whose names are in the Rolls of Attorneys of the Supreme Court who have qualified for and have passed the bar examinations conducted annually, taken the attorneys oath, unless otherwise disbarred must be a member of the Integrated Bar of the

Philippines. Bar Matter No. 850 was promulgated by the Resolution of the Supreme Court En Banc on August 22, 2000, as amended on October 2, 2001, providing for the rules on Mandatory Continuing Legal Education (MCLE) for Active Members of the Integrated Bar of the Philippines (IBP). The members of the IBP have to complete every three (3) years at least thirty six (36) hours of continuing legal activities approved by the MCLE Committee. An IBP member who fails to comply with the said requirement shall pay a non-compliance fee and shall be listed as a delinquent member of the IBP. A Mandatory Continuing Legal Education Office was established by the Supreme Court (SC Administrative Order No. 113-2003) to implement said MCLE. Under the Resolution of the Court en Banc dated September 2, 2008 (Bar Matter No. 1922), the counsels MCLE Certificate of Compliance must be indicated in all pleadings filed with the Courts. 6.1 Law Schools The Office of the Bar Confidant of the Supreme Court as of January 2009 has the following one hundred five (106) law schools throughout the Philippines: The above list from the Office of the Bar Confidant does not include newly organized law schools and/or law schools who do not yet have any graduate to qualify for the annual bar examination. The following educational Association and/or Organizations: Philippine Association of Law Deans Philippine Association of Law Professors Philippine Association of Law Students 6.2 Bar Associations Integrated Bar of the Philippines The official organization for the legal profession is the Integrated Bar of the Philippines (IBP), established by virtue of Republic Act No. 6397. This confirmed the power of the Supreme Court to adopt rules for the integration of the Philippine Bar. Presidential Decree 181 (1973) constituted the IBP into a corporate body. There are now about 40,000 attorneys who composed the IBP. These are the attorneys whose names are in the Rolls of Attorneys of the Supreme Court who have qualified for and have passed the bar examinations conducted annually, taken the attorneys oath, unless otherwise disbarred. Membership in the IBP is compulsory. The Supreme Court in its resolution Court En Banc dated November 12, 2002 (Bar Matter No. 1132) and amended by resolution Court En Banc dated April 1, 2003 (Bar Matter No. 112-2002) require all lawyers to indicate their Roll of Attorneys Number in all papers and pleadings filed in judicial and quasi-judicial bodies in additional to the previously required current Professional Tax Receipt (PTR) and IBP Official Receipt or Life Member Number. Other Bar Associations Philippine Bar Association is the oldest voluntary national organization of lawyers in the Philippines which traces its roots to the Colegio de Abogados de Filipinas organized on April 8, 1891. It was formally incorporated as a direct successor of the Colegio de Abogados de Filipinas on March 27, 1958. The other voluntary bar associations are the Philippine Lawyers Association, Trial Lawyers Association of the Philippines, Vanguard of the Philippine Constitution, PHILCONSA, All Asia Association, Catholic Lawyers Guild of the Philippines, Society of International Law, WILOCI, Women Lawyers Association of the Philippines (WLAP), FIDA. The Philippines is also a member of international law associations such as the ASEAN Law Association, and LAWASIA. Legal Research process of finding laws, rules and regulations that govern activities in human society

- an investigation for information necessary to support legal decision making > help lawyers uphold the standards of legal profession Sources of legal research: 1. 2. 3. 4. 5. Constitution Statutes Court decisions Administrative rules Scholarly commentaries

Research the issues presented >method: a. organize and plan best practice is to write down all sources to be researched under each issue to be researched b. identify, read and update all relevant constitutional provisions, statutes and administrative regulations c. identify, read and update all relevant case law i.e. laws applied in case files d. refine the search Update >rationale: law changes constantly Case briefing a students digest or condensation of a reported case >components of a case brief: 1. Facts describe events between the parties leading to the litigation and tel how the case came before the court that is now deciding it 2. Issue/s the question the court must decide to resolve the dispute between the parties in the case before it 3. Ruling the courts decision on the issue that is actually before it

Sources of Law: 1. 2. 3. Primary Sources Secondary Materials Finding Tools

Primary Sources > recorded laws and rules enforced by the state >products of legislative actions, codes and statutes (1st major primary source) >also include judicial decisions (2nd major category of primary sources) and administrative law (3rd major category of primary source) Secondary Materials >not primarily authority but discuss/analyze legal doctrine >examples: treatises, commentaries, academic law journals/reviews, etc Finding Tools >methods/means to help find material efficiently >means for locating primary sources >example: a. Digests reprint headnotes summarizing points of law from court decisions in a subject classification b. Annotations summarize cases on particular topics c. SCRA quick index digest d. Lex Libris and PhilJuris Four Basic Steps to Legal Research: 1. 2. 3. 4. Identify and analyze significant facts Formulate the legal issues to be researched Research the issues presented Update

Identify and Analyze the significant facts >use of the T.A.R.P. RULE T hing or subject matter A ction, or a cause of action/group of defense R elief sought P ersons or parties involved >putting the elements in an example: Thing or subject matter a party claims a violation of the terms of a contract Cause of action breach of contract Relief sought civil action for damages/action for specific performance Persons or parties involved lessor and lessee Formulate the legal issues to be researched >goal: classify and categorize problems into general and increasingly specific, subject areas to begin to hypothesize legal issues >initial activity which presupposes knowledge of substantive law >drafted statements of the issue should be arranged logically to form an outline