Beruflich Dokumente
Kultur Dokumente
Attributes of Good
Legal Document:
Clarity, Conciseness,
Engagement, Elegance
Atty. Victoria V. Loanzon
Application of Legal Research Techniques
and Legal Writing
Foreign Legal
Form Books
Jurisprudence Dictionary
Information
Encyclopedia Treatises
in Cyberspace
How information may be derived?
Both primary and documentary information may
be derived from hard copies and through computer
aided research.
Many government agencies have their respective
websites.
Some law schools and private law offices also share
their information through their websites. Some
private entities allow access through subscription.
How can one effectively use
electronic research aids?
Degree of Completeness: Full text records or
abstract/index records
Write a
paragraph to
describe the
photograph.
What are the basic guidelines for
computer aided research?
1. Analyze the facts.
2. Define the issues.
3. Make a preliminary list of
subject/key word search terms.
4. Determine which search engine to
utilize.
5. Run the search and evaluate
outcomes.
6. Choose which outcome to apply in
the case at hand.
How can one effectively undertake a legislative
research in preparing a legal document?
Review of full a text of the law under examination.
Isolate the particular provision/s involved.
Refer to Journals of the Senate and the Congress to
trace the history of the law.
Examine specific debate proceedings which would
uphold/negate the provision in question.
Writing Exercise No. 2
Review Republic Act No. 10654 amending
Philippine Fisheries Code of 1998.
Task: Discuss in at least two to three sentences
one specific matter which was amended by
the new law.
Amended Fisheries Code Sets Higher Penalties,
Tightens Rules on Commercial Fishing
Press Release Date Thursday, April 16, 2015
Republic Act 10654, which amends the Philippine
Fisheries Code, lapsed into law on February 27,
2015. It seeks to prevent, deter and eliminate
illegal, unreported and unregulated or IUU fishing
in the country.
On Monday, April 13, the Bureau of Fisheries and
Amended Fisheries Code Sets Higher Penalties,
Tightens Rules on Commercial Fishing
and Aquatic Resources (BFAR) convened the 41-
member technical working group (TWG) that will
draft the implementing rules and regulations for
the new amendatory legislation. The group is
expected to finish its work by September.
Civil society members earlier relayed their concern to
BFAR over the high number of commercial fishers
represented in the TWG. It consists of 20 members
Amended Fisheries Code Sets Higher Penalties,
Tightens Rules on Commercial Fishing
from the commercial fishing sector, nine from
government, three from NGOs, six from municipal
fishers, two from academe, and one from aquarium
fish exporters.
Under RA 10654, sanctions have been raised to as
high as P45 million for commercial fishing violators,
and $2.4 million for poachers. (See attached
highlights)
Amended Fisheries Code Sets Higher Penalties,
Tightens Rules on Commercial Fishing
The amended law also mandated the creation of an
Adjudication Committee under BFAR, which would
speed up the determination of liability of violators
and imposition of penalties.
One of the most significant features is the installation
of a Monitoring, Control and Surveillance (MCS)
system in all Philippine flagged fishing vessels
regardless of fishing area and final destination of
catch, which would make it easier to ensure
compliance with fisheries regulations.
What is case law research?
Jurisprudence or decisions of the Supreme Court becomes
part of the law of the land.
A particular decision deals with the
application/interpretation of laws to a particular set of
facts. Case law becomes judicial precedents based on the
doctrine of Stare Decisis.
A decision would have a holding which would contain the
RATIO DECIDENDI and an OBITER DICTUM (by the
way)
Writing Exercise No. 3.
Read the case
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellant,
vs. HON. MAXIMO A. MACEREN CFI, Sta. Cruz,
Laguna, JOSE BUENAVENTURA, GODOFREDO REYES,
BENJAMIN REYES, NAZARIO AQUINO and CARLO
DEL ROSARIO, accused-appellees. G.R. No. L-32166
October 18, 1977
Office of the Solicitor General for appellant.
Rustics F. de los Reyes, Jr. for appellees.
Writing Exercise No. 3.
Task: Prepare a Case Digest by following the
suggested format-
Parties to the Case
Nature of Action
Facts of the Case
Issues for the resolution of the Court
Ruling of the Court
What are some useful tips in organizing
legal research?
1. Limit the issues. Develop an Outline.
2. Topic/subject research must be focused.
3. Adopt a legal strategy.
4. Write the document in a precise and concise
manner. Remember KISS (Keep IT SHORT and
SIMPLE).
Italicization