LEGAL RESEARCH

LEGAL RESEARCH
Myrna S. Feliciano

I. INTRODUCTION

The purpose of legal research is to ascertain the legal consequences of a

specific set of actual or potential facts. It is always the facts of any given
situation that suggest – indeed dictate – the issues of law that should be the
subject of research.

But before one can begin to understand the methods employed in legal
research, it is necessary to know that the legal sources you are consulting have
legal authority. Legal authority is any published source of law setting forth legal
rules, legal doctrine or legal reasoning that can be used as bases for legal
decisions. When utilized in discussions about legal research, the term authority
is used to refer both to the types of legal information and to the degree of
persuasiveness of legal information.1

A. Classification of Law Books

Legal materials or law books can be classified into two general

categories:2

1. Primary Sources

Primary sources are recorded authoritative statements of legal

rules by governmental institutions to be enforced by the State. They are
further subdivided into mandatory and persuasive authorities.

a. Mandatory Authority

Mandatory authority is the authority that a given court is

bound to follow. Constitutional provisions, statutes, international
conventions and treaties, judicial decisions, administrative rules
and regulations, ordinances and court rules constitute mandatory
authorities. As between an official and unofficial citation, one must
cite the official sources first.

1
R.M. MERSKY & D.J. DUNN, LEGAL RESEARCH ILLUSTRATED, 2 (8th ed., 2002).
2
Ibid., p. 9. See also E.R. POLLACK, FUNDAMENTALS OF LEGAL RESEARCH, 3-12 (2d ed., 1962).

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b. Persuasive Authority

Persuasive authority is that law or reasoning which a given

court may, but is not bound to follow. If a case is not binding on
succeeding courts but contains an excellent analysis and therefore
provides guidance for any court which happens to read it, it is
persuasive authority. Because of the cogency of its reasoning, the
high standing of the court deciding it, or the eminence of its author,
persuasive authority may tend to sway a court even though it is in
no way binding upon it.3

Other examples of persuasive authorities are Opinions of the

Secretary of Justice and administrative agencies and even other
foreign judicial opinions which have a significant effect upon
Philippine jurisprudence especially when the laws or constitutional
provisions were taken from the United States. The reason behind
this is that the strong influence appears to be rooted in analogous
legal concepts, principles and procedures which were obtained
during American rule.

2. Secondary Sources

Secondary sources are those materials which are not primary

authorities but annotate, discuss or analyze legal doctrines and are
considered secondary authorities. These include treatises, looseleaf
services, restatements, hornbooks, casebooks, legal encyclopedias,
practice manuals, form-books, legal periodical articles, and annotated
compilations for their annotations. They vary in purpose and quality,
ranging from authoritative treaties by academic scholars to superficial
works by hack writers. The best of these works have persuasive value
depending on the prestige of their authors or the quality of their
scholarship. Secondary sources can assist in analyzing a problem and
their footnotes provide references to primary sources and other secondary
materials.4

The key to successful legal research is organization. As with any

simple task, one needs a “game plan” that helps accomplish and complete
the job as quickly, efficiently and thorough as possible. For legal
research, the best “game plan” is to break down the process into basic
steps.

3
M.O. PRICE, H. BITNER & R. BYSIEWICZ, EFFECTIVE LEGAL RESEARCH, 3 (4th ed., 1979).
4 th
M.L. COHEN & K.C. OLSON, LEGAL RESEARCH 6 (6 ed., 1996).

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II. CONDUCTING LEGAL RESEARCH

A. Critical Fact-Related Steps

The critical fact-related steps that must precede research in law books
are the following:

 Gathering the facts;

 Analyzing the facts;
 Identifying the legal issues raised by the facts; and
 Arranging the legal issues in a logical order for research.

1. Gathering the Facts

a. People – parties, witnesses, victims

b. Tangible evidence – contract, weapon, etc.
c. Books, periodicals and reports – hospital records, police
reports, business reports and ledgers, etc.
d. Expert witness, if any

In gathering facts from various sources in a particular case, use the

“5 Ws” and “1 H” technique:

a. What was done?

b. Who did it and to whom?
c. Where was it done?
d. Why was it done?
e. When was it done?
f. How was it done?

2. Analyzing the Facts – TARP

In fact analysis, one focuses on five elements common to most

problems. The purpose of such analysis is the suggested points of
departure in the search for legal materials. In considering each element,
one should concentrate on “catch words,” legal concepts or descriptive
words in the problem since these will lead to relevant words in law books
such as digests, encyclopedias, indexes, legal treatises, etc. For
guidance, use the TARP rule:5

 T – Thing or Subject Matter in the controversy without which the

problem would not have arisen. Does the controversy involve

5
This was adopted by Prof. Ervin H. Pollack in FUNDAMENTALS OF LEGAL RESEARCH 14-15 (2d ed.,
1962).

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property? Contract? Negligence, etc.? Identify all significant

things perceptible to the senses involved in the problem.

 A – Cause of Action or Ground of Defense. The cause of action is

the claim asserted by one person against the other while the
ground of defense is the position of one against whom the claim is
asserted. Identify the alleged infraction or wrong suffered by the
plaintiff or those reasons in law or fact given by the defense why
these claims arguably should not be recovered or why the cause
may not be successful. Is it a breach of contract? Negligence?
Torts? On the defense side, is it impossibility of performance?
Estoppel? Contributory negligence?

 R – Relief or Object Sought. This element involves the purpose of

bringing the suit or presenting the claim. It is the determination of
the legal remedy in the light of the problem presented. Is it a suit
for damages? Abatement of nuisances? Rescission of contract?
Habeas corpus?

 P – Parties, Persons or Places. This element includes the

relationship of the parties and whether they belong to a special
class or group or have similar professional or commercial activities.
One must identify the persons who were directly or indirectly
involved in the problem. The purpose behind this identification is to
determine if there are special laws that govern the relationship.
One should also identify the place where the act occurred for
purposes to determine venue.

B. Organizing the Legal Issues

Organizing the legal issues in a logical order will increase the efficiency
and effectiveness of your research.6

1. Threshold issues such as jurisdiction and statute of limitations

precede other issues because if their legal requirements are not
met, the entire law suit will be dismissed;
2. Issues dealing with the legal claim or “cause of action” should
precede issues dealing with relief or remedy sought because only a
limited range of remedies is available to each cause of action;
3. Place the issues in the order that the facts occurred
(chronologically); or
4. In the order that they would be presented in court (claim, defense,
rebuttal).
6
C.L. KUNZ, D.A. SCHMEDEMANN, C.P. ERLINDER & A.L. BATESON; THE PROCESS OF LEGAL
RESEARCH SUCCESSFUL STRATEGIES, 10 (2d ed., 1989).

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C. Doing Legal Research

1. Finding the Law

2. Reading the law
3. Updating the law

D. Law Finding Techniques - Approaches

1. Specialized approach
2. Words and phrases or definition approach
3. Generalized approach through

o Legal encyclopedias
o Treatises/textbooks
o Law reviews
o Other secondary legal sources

4. Or Utilizing One of Four Methods

4.1 Descriptive Word/Index or Fact Method

This technique requires the use of the subject index to a

book after the analysis of the facts in the problem using the TARP
rule. Usually, the fact or descriptive word can be found in the index
of a digest or a legal encyclopedia or a book which points to the
pages or sections of the publications.

4.2 Table of Contents, Topic or Analytic Method

After classifying the problem as to what subject field it

belongs, the researcher can go directly to a particular book on the
subject and scan the table of contents to find out or determine
where the topic appears. If you are consulting a legal encyclopedia
or digest, there is a scope note which indicates the coverage of the
topic. Once you obtain the appropriate material you want, locate
the page or section which should provide the cases or law in point.

4.3 Known Authority, Statute or Case Method

When the name of an applicable case or citation of a law is

known, proceed to table of cases found in a digest, an annotated
report or compilation of statutes or some other sources such as
casebook or textbook. Usually, the reference following the name of
the case or statute is to the section of the set containing the
information needed.

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4.4 Definition Method

This method can only be utilized when the solution to a

problem depends on the meaning of a legal or non-legal term or
phrase. The word or phrase is usually found in a dictionary or a
digest under the term “Words and Phrases” wherein the words are
arranged alphabetically and gives references to cases which have
defined the word or phrase.

E. Classifying the Issues

Classify the issues involved in the problem according to major subject

fields. Is it Constitutional law? International Law? Statutory Law?
Administrative Law? Case law? Procedural Law? Once the subject field is
ascertained, use an authoritative or trustworthy source, a legal treatise, law
review, etc.

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III. FINDING THE LAW

A. Sources of Law

1. Primary Materials

These consist of the law itself, as expressed in the provisions of the

Constitution, statutes, court decisions, etc. They are mandatory
authorities and are cited first. Materials are classified into: statute law
and case law.

2. Secondary Materials

All other written expressions of the law which interpret or analyze

primary authorities are secondary sources and are considered persuasive
materials. Other secondary sources include treatises, looseleaf services,
casebooks, legal encyclopedias, practice manuals, bench books, legal
periodical articles in the Philippine Law Journal, National Law Review,
Ateneo Law Journal, Far Eastern Law Review, Philippine Law Review,
San Beda Law Journal, other bar publications, and proceedings of law
conferences.

B. Books of Search

1. Annotated Reports/Statutes

1.1 Supreme Court Reports Annotated (SCRA)

Consult the Index to SCRA Annotations, volumes 1-327
(1961-2000), published by the UP Institute of Judicial
Administration or the SCRA annotations on individual subject
fields which are published separately by the Central Law Book
Company.
1.2 Philippine Annotated Laws (PAL)
1.3 American Law Reports (ALR)
1.4 U.S. Code Annotated (USCA)
1.5 U.S. Code Service (USCS)
2. Loose-leaf Services

o U.S. Law Week

o Publications of the Commerce Clearing House (CCH), Bureau of
National Affairs (BNA), and Prentice Hall deal on labor laws,
taxation, securities regulation, etc.

3. Legal Encyclopedias

o Corpus Juris Secundum (CJS)

o American Jurisprudence (Am. Jur.)

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4. Practice Manuals

Practice manuals provide you with good understanding of the

procedural and substantive law, as well as “hands-on instructions”
necessary for filing and prosecution of the case.

o Handbook on Trial Advocacy (U.S. A.I.D. and U.P. I.J.A., 2008)

o American Jurisprudence Proof of Facts, 3d (1988-2002). 65 v.
o American Jurisprudence Trials (1964-1994). 50 v.

5. Books of Index

5.1 Books of definitions

o Moreno, Philippine Law Dictionary

o Sibal, Philippine Legal Encyclopedia
o Black’s Law Dictionary
o Ballentine’s Law Dictionary
o Bouvier’s Law Dictionary. 3 v.
o Khan, Jr., Everybody’s Dictionary of Philippine Law
o Stroud’s Judicial Dictionary of Words and Phrases (4th ed.,
1974). 5 v.
o Words and Phrases. 45 v.
o Consult Digests under the term “Words and Phrases”

5.2 Digests

o Case Digests of Supreme Court Decisions, published by the

Supreme Court, 1988 to date. Monthly
o Martinez, Summary of Supreme Court Rulings
o Philippine Digest/Republic of the Philippines Digest
o SCRA Quick Index Digests, 4 v. with Annual Supplements
o Philippine Law Report, 1974 to date (UP Law Center)
o American Digest System (topic, case and descriptive approach)
Decennial Digests up to the 10th Decennial Digests, 1986-
1996 are published every 10 years, with the current volume
entitled General Digests in three to four volumes per year
o ALR Digest, 1st to 4th series

5.3 Citators

Citators are research aids which provide notational

information on the status of a particular case or statute.
o Dizon’s Philippine Citations (1937)
o Paras, Philippine Citations. 2 v. with Supplement

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o Shepard’s Citations to various U.S. federal, state reports and

particular volumes of the National Reporter System Series
o Found in v. 11-13 of the Philippine Digest and v. 7 of the
Republic of the Philippines Digest and its supplement

5.4 Form-books/practice books

o Tañada & Rodrigo, Philippine Legal Forms. 2 v.

o Guevara, Philippine Legal Forms, Annotated. 1 v.
o Fisher’s Philippine Business and Legal Forms
o Sia, Legal Forms in English and Filipino. 1 v.
o Martin, Handbook of Legal and Judicial Forms. 1 v.
o Peña, Legal Forms in Real Estate Conveyancing. 1 v.
o American Jurisprudence Legal Forms Annotated, 1953-1963, 14
v. in 15. 2nd edition, 1971-1974. 22 v. in 20
o American Jurisprudence Pleadings and Practice Forms
o Rabkin & Johnson, Current Legal Forms, with Tax Analysis. 12
v. in 22.
o Theodore O. Te, Philippine Judicial and Legal Forms. 1 v.

5.5 Indexes

o Magsino’s Compendium of Philippine Jurisprudence; Supreme

Court Decisions from 1945-1980.
o Supreme Court Library Service, Subject Index to the Official
Gazette (1945-1985. 2 v. [1993])

5.6 Tables

o National Reporter Blue Book

o Sison (ed.). The 1987, 1973 & 1935 Philippine Constitutions; A
Comparative Table. 1999

5.7 Opinions of Legal Experts

Examples:
 Manresa, Commentaries on the Spanish Civil Code
 Wigmore on Evidence

5.8 Other State and Foreign Sources

 This can only be utilized if the Philippine law was patterned after
a foreign law.

Example: U.S. jurisprudence in constitutional law

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IV. RESEARCH IN STATUTORY LAW

A. Constitution

The Constitution being the fundamental law of the land sets the
standard against which all statutes are ultimately measured. The intent of the
various provisions in the different Philippine Constitutions, among others, are
found in the following:

1. 1935 Constitution

 J.M. Aruego. The Framing of the Philippine Constitution. 2

v. (1936-37)
 Philippine Annotated Laws (PAL). v. 1 and 2
 S. Laurel, Proceedings of the Philippine Constitutional
Convention, 1966. 7 v. (sponsor, subject and provision
approaches)
 Constitutional Convention Records, 1966. 11 v. (House of
Representatives, ed.)
 Journal of the Constitutional Convention of the Philippines
(ed. By V.J. Francisco), 1961-65. 5 v.
 Philippine Lawyers Association, Philippine Constitution,
Origins, Making, Meaning and Applications, 4 v. (Subject
approach)

2. 1973 Constitution

Con-con Archives in the House of Representatives Library

through its indexes and the Filipiniana Reading Room, National
Library

3. 1987 Constitution

To know how certain provisions in the 1987 Constitution

were interpreted by its framers, it is best to consult the Records and
Journals of the Philippine Constitutional Commission. Access can
be had to these by using the computerized index in the UP Law
Library arranged according to the number of the Article of the
provision, subject and name of the sponsor/discussant. Use also
CD Asia’s 1986 Proceedings of the Constitutional Commission.

 Records of the 1986 Constitutional Commission. 5 v.

 Journal of the 1986 Constitutional Commission. 3 v.

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3.1 Secondary Sources

 Bernas, Joaquin, The 1987 Constitution of the

Republic of the Philippines, A Commentary (2003).
1359 p.
 Cruz, Isagani A., Philippine Constitutional Law (2003)
 Padilla, Ambrosio B., The 1987 Constitution of the
Philippines with Comments and Cases (1987). 2 v.
 De Leon, Hector. Philippine Constitutional Law
(2003-2004)
 Mendoza, Vicente V. Judicial Review of
Constitutional Questions, Cases and Materials. 360
p. (2002)

B. Treaties and International Agreements

Texts of treaties to which the Philippines is a party are published in the

Official Gazette (O.G.), Philippine Treaty Series (PTS) published by the UP
Law Center, 5 v. to date, and the United Nations Treaty Series (U.N.T.S.).

Indexes:
1. Philippine Treaties Index, 1946-2010, by E. Malaya, Ma. A.
Mendoza-Ovlena & A. Casupanan (Foreign Service Institute, 2010),
218p. with one CD containing texts of Philippine Treaties, 1946-
2010. A project of DFA Office of Legal Affairs, Foreign Service
Institute and Library Service, Supreme Court.

The Index is divided into two parts: Bilateral Agreements

which is arranged alphabetically by country; and Multilateral
Agreements by subject approach.

2. Index to U.N.T.S. is published for every 50 volumes and can be

used through its alphabetical and chronological indexes.

3. U.N. Multilateral Treaties Deposited with the Secretary-General;

Status as of 3 December 2002. This is published every three
years.

4. International Legal Materials (published monthly by the American

Society of International Law). Contains recent treaties and
conventions as well as decisions dealing on international law.

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C. Statutes Proper

As of March 26, 2010, 18,276 statutes had been enacted since 1900.
One could locate any Philippine statute through the LEX LIBRIS, and PHILJuris
which are computer-assisted legal research tools containing text of laws
through number-title or subject approaches. The Republic Acts are printed in
the Official Gazette and the Laws and Resolutions volumes of which are
published by the House of Representatives and the National Printing Office.
Congress of the Philippines produced five (5) CDs of Laws and Resolutions,
9th-13th Congress, 1992-2007.

1. Terminology of Statutes
 Acts or Public Acts (1900-1935) – 4,275 laws
 Commonwealth Acts (1936-1946) – 733 laws
 Republic Acts (1946-Sept. 21, 1972) – 6,635 laws
 Presidential Decrees (Sept. 21, 1972-Feb. 20, 1986) – 2,035
laws
 Batas Pambansa – (July 23, 1984-February 1, 1986 – 891
laws
 Executive Orders (February 23, 1986-July 26, 1987) – 302
laws
 Republic Acts (July 27, 1987 to present). R.A. No. 6636 to
R.A. No. 10066 (March 26, 2010) which is An Act Providing
for the Protection and Conservation of the Cultural Heritage,
Strengthening the National Commission on Culture and Arts

2. Indexes to Statutes
 Philippine Annotated Laws, 20 v. and 1963 Suppl. 4 v.
 Albert & Daga, Philippine Laws Made Easier to Find. 1954
 UP Law Center, Philippine Permanent and General Statutes
(PPGS) [Revised ed., 2008] 7 v.
 Moran’s Index to Republic Acts with 1957 supplement
 Office of the President, Presidential Decree Guide & Subject
Index, Nos. 1-1,000. 1976
 Feliciano, Subject Guide to Presidential Decrees and Other
Presidential Issuances 1972-1975. With 4 supplements July
1975-1986 by M. Feliciano & Antonio Santos
 Vital Legal Documents Index Guide, 1976
 J. Rivera, Index to Republic Acts, 1946-1965.
 V. Aguirre, Subject & Title Index to Executive Orders,
February 25, 1986-July 26 1987
 B.C. Arroyo & P.S. Frianeza, Topical Index to 1987
Presidential Issuances, February 25, 1986-July 26, 1987
(UP Law Center, 1987-1990) 2 v.

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 Computer-Assisted Legal Research with such CD products

as LEX LIBRIS and PHILJURIS

3. Texts of Statutes
 Official Gazette (O.G.), v. 1, 1902 to date
 Public Laws Passed by the Philippine Commission. 31 v.
 S. Guevara, Public Laws Annotated. 7 v.
 Jacobo & Sons. Public Laws of the Commonwealth. 4 v.
 S. Guevara, Commonwealth Acts Annotated. 3 v.
 Laws and Resolutions of the Republic of the Philippines,
1946-1972; 1987 to date
 Philippine Annotated Laws (PAL)
 Philippine Permanent and General Statutes, UP Law Center.
7 v.
 Vital Legal Documents of the New Society. Central Book
Supply. 114 v.
 Acts and Resolutions passed by the Batasang Pambansa,
1978-1986. 6 v.
 1986 & 1987 Presidential Issuances; An Annotated
Compilation of Executive Orders, Proclamations,
Memorandum Circulars and Administrative Orders, edited by
B.C. Arroyo & P.S. Frianeza, UP Law Center (1987-1990). 2
v.
 Computer-Assisted Legal Research through LEX LIBRIS &
PHILJURIS (does not contain laws prior to 1946)

4. Legislative History of Laws

Legislative history is a term to designate the documents and

materials that contain the historical and background information generated
while a bill or other legislative action is on its way to becoming a law. It is
used to monitor the progress of a bill and to try to determine legislative
intent or how to resolve the ambiguities created by the words of the
statute.

To determine legislative intent, there are two approaches: use the

(1) Index to the Congressional Record or Journal or use the (2) History of
Bills and Resolutions of the House of Representatives or Senate volume
which is arranged numerically by bill number.

Examples: H. No. S. No. P.B. No. C.B. No.

Locate the date of the second reading where the

debates/discussions on the law are reproduced.

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D. Administrative Regulations and Rules

Pursuant to the Administrative Code of 1987, an “agency” includes any

department, bureau, office, commission, authority or officer of the National
Government authorized by law or executive order to make rules, issue
licenses, grants rights or privileges and adjudicate cases; research institutions
with respect to licensing functions; government corporations with respect to
functions regulating private right, privilege, occupation or business; and
officials in the exercise of disciplinary power as provided by law.7 A “Rule” is
defined as an agency statement of general applicability that implements or
interprets a law, fixes and describes the procedures in, or practice
requirements of, an agency including its regulations. The term includes
memoranda or statements concerning the internal administration or
management of an agency not affecting the rights of, or procedure available
to, the public.8

The Administrative Code is applicable to all agencies except the

Congress, the Judiciary, the Constitutional Commissions, military
establishments in all matters relating exclusively to Armed Forces personnel,
the Board of Pardons and Parole, and state universities and colleges.9

The text of Administrative Regulations is found in the Official Gazette

and the National Administrative Register, published by UP Law Center, on a
quarterly basis from v. 1, 1990 to date.

Within the framework of its authority, each agency issues regulations

which should be properly published in the Official Gazette (O.G.) or a
newspaper of general circulation which have the force and effect of law.10

Since November 23, 1989, the date of effectivity of the Administrative

Code of 1987, each rule as provided in Section 4, Book VII of the Code shall
become effective fifteen (15) days from the date of filing with the University of
the Philippines Law Center unless a different date is fixed by law, or specified
in the rule in cases of imminent danger to public health, safety and welfare,
the existence of which must be expressed in a statement accompanying the
rule.11 Every rule establishing an offense or defining an act which pursuant to
law is punishable as a crime or subject to a penalty shall, in all cases, be
published in full text.12 Thus, all Department Secretaries, Heads of Bureaus,
Commissioners, and other governmental agencies are directed to file three
(3) certified copies of every rule adopted by their respective department,
7
Executive Order No. 292 [1987], hereinafter cited as ADMINISTRATIVE CODE OF 1987, Book VII,
Sec. 2(1).
8
Id., Sec. 2(2).
9
Id., Sec. 1.
10
Tañada v. Tuvera, G.R. No. 63915, December 29, 1986, 146 SCRA 446.
11
ADMINISTRATIVE CODE OF 1987, Sec. 4.
12
Id., Sec. 6(2).

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bureau, commission or agency with the UP Law Center.13 The court shall
take judicial notice of the certified copy of each rule duly filed or as published
in the bulletin or the codified rules.14

1. Rules and Regulations

Rules and regulations to be filed with the UP Law Center shall,

among others, include:

5.9 Statements of general applicability which implement or

interpret law;
5.10 Statements of general applicability which fix and describe
the procedure in, or practice requirements of an agency;
5.11 Amendments or repeal of any prior rule;
5.12 Regulations affecting private rights, privilege, occupation, or
business;
5.13 Administrative disciplinary action and the governing rules of
procedure.

2. Publications

Publications of particular administrative agencies such as:

 SEC Folio, 1946-1976

 SEC Bulletin
 Civil Service Reporter
 Financial Journal
 Bangko Sentral ng Pilipinas (formerly Central Bank) Annual
Reports and Compilations – contains the Monetary Board
Resolution and Circulars
 Implementing Rules and Regulations of the Labor Code
 Comprehensive Agrarian Reform Program and Presidential
Issuances
 Dangerous Drugs Board Regulations
 Omnibus Investment Code and Implementing Rules
 Insurance Reporter

3. CD-ROM

LEX LIBRIS has CD-Rom on: Taxation; Local Autonomy and Local
Government; Labor and Social Legislation; Election Law; Trade,
Commerce and Industry; Environment and Natural Resources;
Department of Justice Opinions of the Secretary. Each thematic disc

13
Id., Sec. 3.
14
Id., Sec. 8.

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contains laws, administrative regulations and decisions of the Supreme

Court.

The UP Law Center has published the Department of Justice Rules

and Regulations in 2003 and the four-volume Rules of Procedure of
Administrative Agencies, published from 2003 to 2006.

E. Ordinances

Local legislative power is exercised by the sangguniang panlalawigan

for the province; the sangguniang panlungsod for the city; the sangguniang
bayan for the municipality; and the sangguniang barangay for the barangay.15
Laws enacted by these appropriate sanggunians are called ordinances.

Unless otherwise stated in the ordinance or the resolution approving

the local development plan and public investment program, it takes effect
after ten (10) days from the date a copy is posted in a bulletin board at the
entrance of the provincial capitol or city, municipal or barangay hall, as the
case may be, and in at least two (2) conspicuous places in the local
government unit concerned.16 The text of the ordinance shall be
disseminated and posted in Filipino or English and in the language or dialect
understood by the majority of the people in the local unit concerned.17

The gist of all ordinances with penal sanctions shall be published in a

newspaper of general circulation within the province where the local
legislative body concerned belongs. In the absence of such newspaper within
the province, the posting of such ordinances shall be made in all
municipalities and cities of the province where the sanggunian of origin is
situated.18

In the case of highly urbanized and independent component cities, the

main features of the ordinance or resolution duly enacted or adopted shall, in
addition to being posted, be published once in a local newspaper of general
circulation within the city or in its absence, in any newspaper of general
circulation.19

Compilations of tax ordinances or ordinances affecting business in

cities such as Manila, Cebu City, etc., are usually published by private
companies.

15
Republic Act No. 7160 [1991], Book I, Title II, Sec. 48.
16
Id., Sec. 59(a).
17 nd
Id., Sec. 5a(b), 2 par.
18
Id., Sec. 59(c).
19
Id., Sec. 59(d).

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F. Rules of Procedure and Other Supreme Court Issuances

Pursuant to Section 5(5), Article VIII of the 1987 Constitution, among

the powers of the Supreme Court is “to promulgate 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. Such rules shall provide a
simplified and inexpensive procedure for the speedy disposition of cases,
shall be uniform for al courts of the same grade, and shall not diminish,
increase or modify substantive rights. Rules of procedure of special courts
and quasi-judicial bodies shall remain effective unless disapproved by the
Supreme Court.”

1. Court Rules

The Rules of Court govern the pleading, practice and procedure

before all courts in the Philippines. These Rules consists of five major
parts dealing with civil actions, special proceedings, criminal procedure,
evidence, and legal ethics. The Revised Rules of Court was effective on
January 1, 1964. Subsequently, revisions were made such as the 1985
Rules of Criminal Procedure, amended in 1988; 1988 Revised Rules on
Evidence and the 1997 Rules on Civil Procedure.

To research further on the Rules of Court, one can consult the

annotations made on the different rules such as the following:

 Feria, Jose Y. and Noche, Maria Concepcion. Civil

Procedure, Annotated. 2001 ed. 2 v.
 Herrera, Oscar M. Remedial Law. 1997-2000. 7 v.
 Regalado, Florenz. Remedial Law Compendium. 2002-
2004. 2 v.
 Moran, M. Comments on the Rules of Court. 1979-1980. 6
v.
 Paras, Edgardo L. Rules of Court. 1990 ed. 5 v.
 Francisco, Vicente. Rules of Court. 1966-68. 7 v.
 Magsalin, Mariano. Commentaries on the Rules of Court.
1989. 4 v.

2. Family Court Rules

Pursuant to Section 13 of RA 8369 (1997), otherwise known as the

Family Courts Act, the Supreme Court has promulgated the following
Rules:

a. Rule on Examination of a Child Witness, A.M. 79-2000,

effective December 15, 2000

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LEGAL RESEARCH

b. Rule on Juveniles in Conflict with the Law, A.M. No. 02-1-18-

SC, effective April 15, 2002, as amended on November 24,
2009
c. Rule on Commitment of Children, A.M. No. 02-1-19-SC,
effective, April 15, 2002
d. Rule on Adoption, A.M. No. 02-02-02-SC, effective August
22, 2002
e. Rule on Declaration of Absolute Nullity of Void Marriages
and Annulment of Voidable Marriages, A.M. No. 02-11-10-
SC, effective March 15, 2003
f. Rule on Legal Separation, A.M. No. 02-11-11-SC, effective
March 15, 2003
g. Rule on Provisional Orders, A.M. No. 02-11-12-SC, effective
March 25, 2003
h. Rule on Custody of Minors and Writ of Habeas Corpus in
relation to Custody of Minors, A.M. No. 03-04-04-SC,
effective March 15, 2003
i. Rule on Guardianship of Minors, A.M. No. 03-02-05-SC,
effective May 1, 2003
j. Rule on Violence Against Women and Their Children, A.M.
No. 04-10-11-SC, effective November 15, 2004
k. Rules on Children Charged Under Republic Act No. 9165 or
the Comprehensive Dangerous Drugs Act of 2002, effective
November 5, 2007

3. Other Court Rules

a. 1991 Revised Rule on Summary Procedure approved by

Supreme Court Resolution en banc dated October 15, 1991
b. interim Rules of Procedure on Corporate Rehabilitation, A.M.
No. 00-8-10-SC, effective December 15, 2000.
c. Interim Rules of Procedure Governing Intra-Corporate
Controversies Under RA 8799, A.M. No. 01-2-04-SC,
effective April 10, 2001.
d. Rule on Electronic Evidence, A.M. No. 01-7-01-SC, effective
August 1, 2001.
e. Transfer of Cases from the Securities and Exchange
Commission to the Regional Trial Courts, A.M. No. 00-8-10-
SC, effective October 1, 2001.
f. Rule 140 on Discipline of Judges of Regular and Special
Courts and Justices of the Court of Appeals and the
Sandiganbayan, as amended by A.M. No. 1-8-10-SC,
effective October 1, 2001.
g. Rule on Search and Seizure in Civil Actions for Infringement
of Intellectual Property, A.M. No. 02-1-06-SC, effective
February 15, 2002.

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LEGAL RESEARCH

h. Amendment to the Rule on Summary Procedure of Criminal

Cases to Include Within Its Coverage Violations of BP Blg.
22, Otherwise Known as “The Bouncing Checks Law,” A.M.
No. 00-11-01-SC, effective April 2, 2002.
i. Consolidation of Intellectual Property Courts with
Commercial Courts, A.M. No. 03-03-03-SC, effective July 1,
2003.
j. Fixing the Lifetime of Bonds in Civil Actions or Proceedings,
A.M. No. 03-03-18-SC, effective September 1, 2003.
k. Rule 141 on Legal Fees, A.M. No. 04-2-04-SC, effective
August 16, 2004.
l. New Code of Judicial Conduct for the Philippine Judiciary,
A.M. No. 03-05-01-SC, effective June 1, 2004.
m. Code of Conduct for Court Personnel, A.M. No. 03-06-13-
SC, effective June 1, 2004.
n. Court-Annexed Mediation on Wheels, A.M. No. 04-2-04-SC,
August 16, 2004.
o. Rule on Guidelines to be Observed by Trial Court Judges
and Clerks of Court in the Conduct of Pre-trial and Use of
Deposition-Discovery Measures, A.M. No. 03-1-09-SC,
effective August 16, 2004.
p. 2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC,
effective August 1, 2004.
q. Amendments to the Revised Rules of Criminal Procedure to
Govern Death Penalty Cases, A.M. No. 00-5-03-SC,
effective October 15, 2004.20
r. Mode of Appeal in Cases Formerly Cognizable by the
Securities and Exchange Commission, A.M. No. 04-9-07-
SC, effective October 15, 2004.
s. Rule on Administrative Procedure in Sexual Harassment
Cases and Guidelines on Proper Work Decorum in the
Judiciary, A.M. No. 03-03-13-SC, effective January 3, 2005.
t. Rule of Procedure in Cases of Civil Forfeiture, Asset
Preservation and Freezing of Monetary Instrument, Property
or Proceeds Representing, Involving or Relating to An
Unlawful Activity or Money Laundering Offense Under RA
9160, as amended, A.M. No. 05-11-04-SC, effective
December 15, 2005.
u. Rules of Procedure in Election Contests Before the Courts
Involving Elective Municipal and Barangay Officials, A.M.
No. 07-4-15-SC, effective May 15, 2007.
v. Rule on DNA Evidence, A.M. No. 06-11-5-SC, effective
October 15, 2007.
w. Rule on the Writ of Amparo, A.M. No. 07-9-12-SC, effective
October 24, 2007.
20
Note that Republic Act No. 9346 [2006] abolished the death penalty law.

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LEGAL RESEARCH

x. Re: SC Access to Justice for the Poor Project Information,

Education, Communication (IEC) Guidelines for Municipal
Court Information Officers, A.M. No. 05-2-01-SC, effective
March 13, 2007.
y. Amendments to Rules 41, 45, 58 and 65 of the Rules of
Court, A.M. No. 07-7-12-SC, effective December 4, 2007.
z. Rule on the Writ of Habeas Data, A.M. No. 08-1-16-SC,
effective January 22, 2008.
aa. Rule of Procedure for Small Claims Cases, A.M. No. 08-8-7-
SC, effective October 1, 2008. This was amended by S. Ct.
Resolutions En Banc dated October 27, 2009 and February
6, 2010
bb. Rule of Procedure on Corporate Rehabilitation, A.M. No. 00-
8-10-SC, effective January 16, 2009.
cc. Special Rule of Court on Alternative Dispute Resolution,
A.M. No. 07-11-08-SC, effective October 30, 2009
dd. Rule of Procedure for Environmental Cases, A.M. No. 09-6-
8-SC, effective April 13, 2010

4. Rules of Internal Appellate Courts

Court Rules were also issued for the following appellate courts:

a. Internal Rules of the Supreme Court, A.M. No. 10-4-20-SC,

approved on May 4, 2010
b. 2002 Internal Rules of the Court of Appeals, A.M. No. 02-6-
13-CA, effective August 22, 2002, as amended, effective
February 28, 2005
c. Revised Rules of the Sandiganbayan, A.M. No. 02-6-07-SB,
effective October 1, 2002.
d. Rules of the Court of Tax Appeals, A.M. No. 05-11-07-SC,
effective December 15, 2005

5. Rules Affecting the Practice of Law

The Supreme Court issued four rules affecting the practice of law,
namely:

a. Bar Matter No. 850 regarding Mandatory Continuing Legal

Education for lawyers, effective September 15, 2000 and
Mandatory Continuing Legal Education Implementing
Regulations, effective December 1, 2001.
b. Bar Matter No. 1161 on Reforms in the Bar Examinations,
effective July 15, 2004.

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LEGAL RESEARCH

c. Bar Matter No. 1755 on Rules of Procedure of the

Commission on Bar Discipline, effective September 25,
2007.

Recently, Bar Matter No. 2012 has been issued on the Proposed
Rules on Mandatory Legal Aid Service for Practicing Lawyers which
should have taken effect on July 1, 2009 but was deferred until the
Integrated Bar of the Philippines submits its Implementing Rules to the
Supreme Court for approval.21

6. Compilations of Supreme Court Issuances

Supreme Court issuances are compiled in the following

publications:

a. Supreme Court Circulars, Orders and Resolutions (Sup. Ct.

Printing Services, 1999)
b. Supreme Court Circulars, Orders, Resolutions, Part I: 1973-
1989; Part II: 1990. Compiled by Luzviminda D. Puno &
Virginia Ancheta-Soriano (Sup. Ct. Printing Service, January
2001). 564 p.
c. Supreme Court Issuances on Administrative Supervision of
Lower Courts, 1973-2002 (Sup. Ct., Feb. 2003). 620 p.
d. Supreme Court Issuances on Administrative Supervision of
Lower Courts, January 2003-June 2007 (Sup. Ct., July
2007). 727 p.

7. Other Supreme Court Publications

a. New Code of Judicial Conduct for the Philippine Judiciary

[Annotated]. February 2007. 63 p.
b. Annotation of the Code of Conduct for Court Personnel.
2008. 92 p.
c. The 2002 Revised Manual for Clerks of Court. Supreme
Court AdHoc Committee for the Revision of the Manual for
Clerks of Courts. 2002. 2 v.
d. Manual of Judicial Writing. 2005. 99 p.
e. Fundamentals of Decision Writing for Judges. Philippine
Judicial Academy, 2009. 272 p.
f. Manual for Executive Judges. Philippine Judicial Academy,
2009. 180 p.
g. Handbook on Marriage. Philippine Judicial Academy, 2009
(Justitia et Lex: Civil Law) 28 p.

21
Note that Republic Act No. 9999 [2010] provides a mechanism for free legal assistance.

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LEGAL RESEARCH

IV. RESEARCHING IN CASE LAW

Case law is divided into:

 Conventional decisions – all rulings made by regularly or specially

constituted courts.
 Subordinate decisions – all rulings made in accordance with law by
administrative and legislative tribunals.

A. Supreme Court Decisions

Court decisions are collected chronologically called case reports, and

summarized by subject matter in reference works called case digests.

The official text of Supreme Court decisions are printed initially as

advance decisions or popularly known as G.R.s (General Registry). They are
available at the Office of the Clerk of Court of the Supreme Court.
Subsequently, these decisions are published officially in the Philippine
Reports since 1901 to date and in the Official Gazette on a selective basis.
The latest decisions are also available in the Supreme Court website,
www.judiciary.gov.ph.

The Unofficial Reports of the Supreme Court cases are the following:

 Supreme Court Reports Annotated (SCRA). v. 1, 1961 to date

(Central Lawbook Pub. Co.)
 Supreme Court Advanced Decisions (SCAD). 1994 to date (Rex
Printing Co.)
 Supreme Court Unpublished Decisions, 1946-1960. Compiled by
D.G. Nitafan. 2 v.

Computer Disc Read-Only Memory (CD-ROM)

A single CD-ROM contains approximately 300,000 pages of text which

is searchable by topic and title of case. This is an excellent alternative to
multi-volume print reports. Examples are the following:

 LEX LIBRIS – Jurisprudence

 PHILJURIS
 i-law (instant CD) – Supreme Court decisions, 1901-2005
 Supreme Court decisions, 1996-October 2008 (Supreme Court E-
Library). Updated every 6 months
 !e-library! A Century of Supreme Court Decisions, 1901-September
3, 2007. 2 CDs produced by Agoo Computer College

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LEGAL RESEARCH

1. Subject Approach

 Digests of Supreme Court Decisions, v. 1, 1088 to date

(Published by the Supreme Court)
 D. Martinez, Summary of Supreme Court Rulings, 1986-
1996. Published annually in 3 to 4 volumes, arranged
according to the eight bar subjects and has a “Research Aid”
in every topic which gives previous decisions on the subject
matter
 C.L. Magsino, Compendium of Philippine Jurisprudence
(Supreme Court Decisions from 1945 to 1980). 9 v. with 2
supplements, 1989
 SCRA Quick Index Digest, 1961-1976. 5 v. with annual
indexes to date
 Philippine Law Report. v. 1, 1971 to date. Monthly (UP Law
Center)
 Philippine Digest, 1901-1045. 13 v. (Lawyers Cooperative
Publishing Co.)
 Republic of the Philippines Digest (1946-September 1958).
8 v. volumes 9-17 are digests from October 1958-December
1966. Paper supplements to v. 9-17 (Lawyers Cooperative
Publishing Co.)
 Velayo’s Digest of Supreme Court and Court of Appeals
Decisions. New Series. (1942-1960). 25 v. With annual
supplements, 1961-1977

2. Case Approach

 Philippine Digest. v. 6, 9, 11 & 13.

 Republic of the Philippines Digest. v. 8, 18 and supplement
to v. 18
 Santos-Ong, Title Index to Supreme Court Decisions, 1945-
1978. 2 v. with 1978-1982 supplement
 V. Aguirre, Title Index to Supreme Court Decisions, 1982-
1985
 Ateneo de Manila, Index to Cases decided by the Supreme
Court, 1961-1975.

B. Court of Appeals Decisions

Texts:
 Official Gazette (selected decisions only)
 Court of Appeals Reports 2d series. 25 v. (1961-1980)
 Court of Appeals Reports Annotated (CARA). V 1-10, 1986-
1991

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LEGAL RESEARCH

C. Sandiganbayan Decisions

 Sandiganbayan Reports, v. 1, December 3, 1979-February

29, 1980

D. Decisions of Some Administrative Agencies and Boards

 SEC Decisions, 1977-1981

 COA Decisions
 J. Rivera, Decisions of the Civil Service Board of Appeals,
1941-1960

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LEGAL RESEARCH

V. AMERICAN LEGAL SOURCES

One consults the laws and decisions of the United States particularly if our
laws were derived from them and its principles of law were adopted in the
Philippines and there is no jurisprudence on the subject. For example, the
concept of due process of law found in our Constitution was inherited from the
United States. Thus, it is important to locate laws and decisions from the
American jurisdiction.

A. Federal Constitution

The text of the U.S. Constitution is found in several publications, from

pamphlets to annotated texts, from constitutional treaties to hornbooks as
appendices. It is also found in the beginning volumes of the U.S. Code
(U.S.C.), the U.S. Code Annotated (U.S.C.A.) and the U.S. Code Service
(U.S.C.S.). One of the most extensive and authoritative volume is the
Constitution of the United States of America, Analysis and Interpretation,
edited by Johnny H. Killian and published by the Congressional Research
Service.

B. Federal Statutes

 U.S. Statutes-at-Large (Stat.) - official

 U.S. Code. 50 titles (U.S.C.) - official
 U.S. Code Annotated (U.S.C.A.). West Publishing Co.
 U.S. Code Service (U.S.C.S.). Lexis Law Publishing Co.

The U.S.C.A. and the U.S.C.S. are unofficial publications which

contain federal statutes and annotations, i.e. notes or commentaries of
decisions that have interpreted the statutes and information on the legislative
history of the laws.

 U.S. Code Congressional and Administrative News (U.S.C.C.A.N.)

– Prints the texts of the act and abbreviated version of Committee
reports as well as executive orders and proclamations
 U.S. Law Week (U.S.L.W.). Weekly looseleaf service by Bureau of
National Affairs, Inc. It contains latest decisions of U.S. Federal
Supreme Court and latest laws passed by the U.S. Congress with
digests of important state decisions.

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LEGAL RESEARCH

C. Treaties and Other International Agreements

 Treaties and Other International Acts (TIAS) – published by the

U.S. Department of State in pamphlet form
 U.S. Treaties and Other International Agreements (U.S.T.) - official
 Treaties in Force. Annual index to current U.S. Treaties published
by the U.S. Department of State
 United Nations Treaty Series (U.N.T.S.)
 International Legal Materials, 1962- Published bi-monthly by the
American Society of International Law

D. American Case Law

1. U.S. Federal Supreme Court Decisions

 U.S. Reports (U.S.) - official

 Supreme Court Reporter (S. Ct.). West Publishing
 U.S. Supreme Court Reports (L. Ed.). Lexis Publishing
 American Law Reports (A.L.R.), 1st-5th series
 U.S. Law Week

Indexes:
 U.S. Supreme Court Digests
 American Digest System
 A.L.R. Digests

2. Federal Appellate and District Court Decisions

In the federal court system, the general trial courts are known as
U.S. District Courts in 94 districts. There are several specialized trial
courts such as the Bankruptcy Courts, the Court of Federal Claims and
the Court of International Trade. The intermediate appellate courts are the
U.S. Court of Appeals divided into 13 circuits and their decisions are
printed in the following:

 Federal Reports (F.)

 Federal Supplement (F. Supp.)
 Federal Rules Decisions (F.R.D.)

This contains a limited number of U.S. District Court

decisions not published in the Federal Supplement dealing with
procedural rules under the Federal Rules of Civil Procedure and
Federal Rules of Criminal Procedure. However, the F.R.D. also
contains articles, speeches and conference reports on federal
procedural issues.

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LEGAL RESEARCH

 American Law Reports, Federal Series (A.L.R. Fed.)

Indexes:
 Federal Digest
 American Digest System
 ALR Digests

3. Decisions of State Courts

Decisions of State Courts are published in two forms: as official

reports, which are issued under the auspices of the courts themselves as
authoritative texts of their decisions and as unofficial reports issued by
commercial publishers. These state official reports must be cited in briefs
before that court and usually contains the decisions of the high court for
that state (usually the Supreme Court) although a few states issue more
than one series of official reports to cover decisions of their intermediate
appellate courts.

Texts:
 Official State Reports

Example:
 New York Reports (N.Y., N.Y. 2d) reports New York Court of
Appeals cases
 National Reporter System

The major comprehensive unofficial reporting system is the West

Publishing Company’s National Reporter System and the on-line systems
of LEXIS and W ESTLAW. The National Reporter System includes a series
of regional reporters publishing the decisions of appellate courts of the 50
states and the District of Columbia. This system divides the United States
in seven regions, and publishes the decisions of the appellate courts of
the states in each region together in one series of volumes. They are
supplemented by separate reporters for the most litigious states, namely
California Reporter (Cal. Reptr.), the Illinois Decisions (Ill. Dec.), and New
York Supplement (N.Y.S.). The National Reporter System comprises a
uniform system tied together by the key number indexing and digesting
scheme.

The seven regional reporters in the National Reporter System

which contain the opinions of the highest state courts and some
intermediate appellate courts are as follows:

a. Atlantic Reporter (A.); Atlantic Reporter, second series (A. 2d) –

Conn., Del., D.C., Me, Md. N.H., N.J., Pa., Rd., Vt.

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LEGAL RESEARCH

b. North Easter Reporter (N.E.), North Eastern Reporter, second

series (N.E. 2d) – Ill., Ind., Mass., N.Y., Ohio
c. North Eastern Reporter (N.W.), North Western Reporter, second
series (N.W. 2d) – Iowa, Mich., Minn. Neb., N.D., S.D., Wis.
d. Pacific Reporter (P.), Pacific Reporter, second series (P. 2d) –
Alaska, Ariz., Cal., Colo., Hawaii, Idaho, Kan., Mont., Nev., N.M.,
Okla., Ore., Utah, Wash., Wyo.
e. South Eastern Reporter (S.E.), South Eastern Reporter, second
series (S.E. 2d) – Ga., N.C., S.C.., Va., W. Va.
f. Southern Reporter (So.), Southern Reporter, second series (So.
2d) – Ala., Fla., La., Miss.
g. South Western Reporter (S.W.), South Western Reporter, second
series (S.W. 2d) – Ark., Ky., Mo., Tenn., Tex.

Although each state reporter is covered by a digest, the index to all

these reporters is the American Digest System which consists of three
sets of digests that provides small-paragraph summaries of court opinions
written by every federal and every state court that publishes its opinions
using the West key-number system. These three digests are:

 General Digests – contain the most recent summaries every month

and provides cumulative tables in every tenth volume indicating
which key number appear in which volumes.
 Decennial Digests – contain summaries covering 10-year periods
which are recompiled from the General Digests. Due to the
increased case law, Wests compiles these digests every five years
starting with the Ninth Decennial Digests, 1976-1981 and 1981-
1986.
 Century Digests – contain summaries for cases written from 1658-
1896.

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LEGAL RESEARCH

VI. ELECTRONIC SOURCES OF LAW

Electronic or Computer-Assisted Information includes these three broad

formats:22

 Computer disks – include Compact Disc-Read Only Memory (CD-

Rom) and the Digital Video Discs (DVD)
 The Internet
 Commercial Online Subscription Databases

A. COMPUTER DISKS

1. CD Technologies Asia, Inc.

The following is a list of CD Asia products:

a. The Lex Libris series

 Laws – a complete collection of legislative documents

which include the Philippine Constitution, Republic
Acts, Batas Pambansa, Presidential Decrees,
Executive Orders and other presidential issuances.
 Taxation – an omnibus reference on taxation that
includes rulings, opinions, memoranda and circulars
issued by the Bureau of Internal Revenue. Also
featured are international tax treaties, local
ordinances as well as related laws, jurisprudence
from the Supreme Court, Court of Appeals and Court
of Tax Appeals and executive issuances.
 Jurisprudence – A collection of Supreme Court
decisions since 1901 and is patterned after the
Philippine Reports. Also includes the text of available
case syllabi synopses.
 Department of Justice – The opinions of the
Secretary of Justice, from 1939 to the present.
 Local Autonomy and Local Government – A
compilation of jurisprudence, laws, statutes and policy
issuances on the subject, presented in topic format for
easy reference.
 Environment and Natural Resources – A
comprehensive collection of laws and statutes,
presidential issuances, jurisprudence, policy

22 th
C.M. BAST & M. HAWKINS, FOUNDATIONS OF LEGAL RESEARCH & W RITING, 240 (4 ed., 2010).

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LEGAL RESEARCH

issuances and decisions, permits, licenses and

tenurial instruments gathered from the Department of
Environment and Natural Resources and its agencies.
 Labor and Social Legislation – A compilation of
labor laws, jurisprudence, and issuances and
materials from the Department of Labor and its
related agencies.
 Elections – A complete source of election-related
laws and jurisprudence as well as resolutions and
issuances of the Commission on Elections, decisions
of the Electoral Tribunals, proceedings of the Center
for Continuing Legal Education Election series and a
list of Philippine municipalities, barangays and
election precincts.
 Trade Commerce and Industry – A collection of
references on Trade, Banking and Finance, Capital
Markets, Insurance and Intellectual Property that
include pertinent laws, jurisprudence and issuances of
the Department of Trade and Industry, Board of
Investments, Department of Finance, Bureau of
Customs, Bangko Sentral ng Pilipinas and Philippine
Stock Exchange.
 Securities and Exchange Commission – A
compilation of Opinions, En Banc, SICD and PED
Decisions of the Securities and Exchange
Commission. Also features SEC orders, rules and
regulations, circulars and memoranda as well as
related laws, jurisprudence and executive issuances.
 Family Law – A compilation of materials on familial
relationships that include laws, jurisprudence,
executive issuances, international treaties and
agreements and others, such as materials from the
National commission on The Role of Filipino Women.

b. Other Titles

 The Student Edition – An invaluable collection of

legal information especially designed for young legal
minds. It features subjects taught in each year of law
school based on the standard curriculum.
 The Bench Companion – A three-disc set published
exclusively for members of the Judiciary containing
the complete text of the Supreme Court decisions
from 1901 to the present, selected laws, and
Supreme Court circulars and administrative
issuances.

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LEGAL RESEARCH

 Bangko Sentral ng Pilipinas – Published in

collaboration with the Bangko Sentral ng Pilipinas,
this CD-ROM contains a compilation of laws and
issuances related to Banking, an index of laws and
issuances, the BSP Manual of Regulations for Banks
and Financial Intermediaries, as well as BSP
Memorandum Circulars, Orders, Letters, Notices and
Regulations.
 The National Administrative Register – A
compilation of rules and regulations filed with the
Office of the National Administrative Register, U.P.
Law Center, by different administrative agencies and
bureaus.
 Proceedings of the 1986 Constitutional
Commission – This CD-ROM contains the records
and journals of the proceedings leading to the
completion of the 1986 Constitution.
 Impeachment Proceedings Against Pres. Joseph
E. Estrada – Sets forth the full record of the
impeachment proceedings against the former
Philippine president.
 Department of Agrarian Reform Legal Information
System – Produced jointly with the Department of
Agrarian Reform, this CD-ROM compiles opinions,
memoranda, circulars and vital documents of the DAR
and features related laws, executive and
administrative issuances, decisions of the Supreme
Court and Court of Appeals and other information.
 Compendium of Philippine Customs Laws and
Regulations – Features 30 years worth of Customs
issuances, relevant laws and other related issuances.
Also included are the Bureau of Customs Corporate
Plan and Corporate Manual of Procedure.

c. Legal Knowledge Titles

 Education Law and the Private Schools by Atty.

Ulpiano “Ulan” P. Sarmiento III. A practical guide in
the implementation of education laws as envisioned
by the Philippine Constitution and seeks to aid
administrators in the viable operation of their
institutions while respecting the rights of students and
employees.
 Philippine Legal and Judicial Forms by Prof.
Theodore O. Te. The most up-to-date, concise, and
easy to use guide to the preparation of pleadings,

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LEGAL RESEARCH

petitions, motions and other judicial and legal forms.

It also contains relevant Supreme Court issuances
and bar exam questions.
 The Good Lawyer: Five Keys to Lawyering With
Integrity by Atty. Roberto Jay A. Quitain. A practical
guide for ethical lawyering containing helpful practice
tips using the Code of Professional Responsibility, the
Canons of Professional Ethics, select Supreme Court
decisions, and illustrations from popular culture.
Available in October 2009.
 The Indigenous Peoples Rights and the Law by
Prof. Sedfrey M. Candelaria

d. The Philippine Legal Encyclopedia Series

 Philippine Law Encyclopedia – The most

comprehensive compilation of Philippine laws and
statutes on DVD-ROM, with in-depth and up-to-date
analyses and annotations of over 5,000 laws and
statutes. It includes a subject index, case doctrines
and the original and “living” versions of laws and
statutes, with hyper-linking of related issuances for
greater ease of use.
 Philippine Taxation Encyclopedia – The most
complete collections of tax-related jurisprudence,
statutes, laws, administrative issuances, with a
section-to-section cross-referencing, analysis and
annotation of the National Internal Revenue Code. It
contains the widest coverage of issuances of the
Bureau of Internal Revenue, local and international
tax-related materials, a subject index and case
digests.

2. Access Law

Access Law is a multi-media resource company that publishes the

2-volume, Laws Annotated Series and is also available in CD-ROM. It
consists of:

v. 1 – Private Law – The Laws on Private Relations and

Transactions
v. 2 – Public Law – Laws on the State, Structure, Powers and
Relations

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LEGAL RESEARCH

Both of these volumes have commentaries by distinguished law

professors, such as Justice Jose Campos, Prof. Ma. Clara Campos, Prof.
Ruben Balane, etc. It has a website <www.i-accesslaw.com.ph>. Also
available on-line is the Complete Access Tax System which provides
access to a comprehensive hyper-linked database that contains an
analyzed guide to major tax laws and revenue issuances organized in
accordance with the Tax Code outline and indices.

3. Agoo Computer College. Research and Development

Department

 !e-library! A Century of the Philippine Supreme Court

Decisions, 1901-September 3, 2007. 2 cds. It is updated
every 3 months
 Philippine Laws (plus a Law Dictionary). 2 cds. Contains
Acts, Commonwealth Acts, Republic Acts (latest is RA 9372,
The Human Security Act of 2007); Presidential Decrees
(Marcos); Batas Pambansa, Letters of Instructions,
Executive Orders, Implementing Rules and Regulations (the
latest is the Implementing Rules of the Juvenile Justice and
Welfare Act of 2006); Presidential Proclamations, Philippine
Constitutions of 1935, 1973 and 1987; 1987 Rules of Civil
Procedure; Rules of Criminal Procedure (1989/2000); Rules
on Special Procedures, Holy Bible, Holy Koran, and others.

The requirement is that your computer must have

WINDOWS 98/Mc/NT/XP/Vista.

4. Congress of the Philippines. Senate and House of

Representatives

 Laws and Resolutions, 9th-13th Congress, 1992-2007. 5 cds.

5. PHILJURIS; Supreme Court Decisions (1901-1985; 1986-2005;

2006+). 3 cds.

6. Supreme Court E-Library produces a CD of Supreme Court

decisions from 1995 to October 2009. Updated regularly.

7. i-law (Instant CD) – Supreme Court Decisions from 1901-February

2005. 1 CD.

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8. Philippine Legal Forms (expanded version). Compiled by Atty.

Fernando B. Duque. 1 CD. This CD contains document forms,
pleadings, abstract of recent laws, Supreme Court circulars, court
jurisdictions and glossary.

9. The Family Lawyer – Compiled by Atty. Fernando Duque and

consist of 1 CD. It contains family court rules and circulars as well
as jurisprudence on family law.

10. Everyone’s Legal Forms: Philippine Legal and Government

Forms. 1 CD. Compiled by Atty. Ralph A. Sarmiento, with free
update through his website at < http://www.attyralph.com> or e-mail
at <attyralph@gmail.com>.

B. THE INTERNET

An introduction to the Internet requires an explanation of their terms

and their purposes. Many computers join together to join the Internet which
then provides the means for many computers to share their information and
communicate with each other.

On-line means using a computer that is connected to other computers.

The Internet is basically a collection of computers linked together. One part
of the Internet is the World Wide Web (www), a collection of geographical
interfaces that makes moving between pages and websites simple. The best
way to use the web is to have a graphical interface or browser for searching,
such as Netscape or Microsoft’s Internet Explorer.23

The web actually provides a search method for finding information on

the Internet using Hypertext which combines pictures and text, including
video, graphics, sound and animation as well. In order to connect with the
Internet, you will need a modem with your computer as well as a subscription
to the Internet Service Provider (ISP). Others subscribe to a cable broadband
DSL. A modem allows computer to talk to each other via telephone lines.

Search engines are like automated indexes that indicate where to find
information on the Internet. They can help you narrow things down and find
the information sites that you might want to use. The menus that appear
while you are scrolling and clicking through the search engine will be
peppered with links (usually on phrases that are underlined). You can point
23
V.J. ATKINSON BROWN, LEGAL RESEARCH VIA THE INTERNET 38 (2001).

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to and click and automatically access the site or document that the link
describes. Depending on the search engine, you can search for a search
term or all search terms provided or exclude other terms from compiled
indexes.24 Examples of these search engines are Google
<http://www.google.com> and Yahoo (Yet Another Hierarchical Officious
Oracles) which has structured search and free search style through keywords
in <http://www.yahoo.com> accordingly.

Other Internet tools are called meta-search engines wherein these

issues will submit the same query to many other search engines, sparing the
researcher the trouble of entering it many times at many different sites.
Examples are: Metacrawler <http://www.metacrawler.com>; Find-It!
<http://itools.com/find-it>; Dogpile <http://www.dogpile.com and Mamma
http://mamma.com>.25

1. Philippine Internet Resources

Access to the following websites is free:

a. Virtual Law Library – Philippine Law Update On-Line

<http://www.chanrobles.com> ChanRobles & Associates
Law Firm established and maintains this website to assist
lawyers, paralegals, law students and researchers. It
contains jurisprudence of the Supreme Court from 1901 to
date, selected Philippine laws, current news and links to
other related sites. Instructions on how access to its library
is indicated in their website, an example of which is found in
Exhibit 1.

b. Arellano Law Foundation – Lawphil <http://www.lawphil.net>

- A project of the Arellano Law Foundation through its
Information Technology Center, its website offers free
access to all Philippine laws, jurisprudence, presidential
decrees, executive orders, administrative orders, lawyers’
tools and other legal materials. Exhibit 2 shows the lawphil
website.

c. Supreme Court of the Philippines

<http://www./judiciary.gov.ph> - This website serves the
entire judiciary of the Philippines: Supreme Court, Court of
Appeals, Sandiganbayan, Court of Tax Appeals, Regional
Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts
and Shari’a Courts. Click on the Supreme Court link and
one can access the recent decisions, circulars, rules and

24
Ibid., p. 28.
25
Ibid., p. 30.

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orders of the Supreme Court. Likewise, one can access to

the SC Annual Reports, list of accredited and bonding
companies, and bar matters which includes an alphabetical
listing of members of the Philippine Bar with their dates of
admission. Exhibit 3 shows the judiciary website.

It also provides hyperlinks to the Philippine Judicial Academy

<http://philja.judiciary.gov.ph> and the Supreme Court E-
Library <http://elibrary.judiciary.gov.ph> which is the primary
research tool in the speedy delivery of justice. However,
access to it is limited to justices, judges and court personnel
through a password assigned to them. Exhibits 4 and 5
show the PhilJA and e-library websites.

d. Senate of the Philippines - <http://senate.gov.ph> – This

website offers a listing of Republic Acts, bills and resolutions,
Rules of the Senate and policy orders such as the Rules and
Guidelines in the Reception of Certificates of Canvass and
Election Returns for the May 10, 2010 election for president
and vice-president as well as Committee Reports. Exhibit 6
shows the webpage of the Senate.

e. House of Representatives -
<http://www.congress.gov.ph/index.php> - This website
provides a listing of Republic Acts, text of House Bills, and
Resolutions, Laws translated into major Filipino Language
and other legislative information as seen in Exhibit 7.

f. Official Government Portal of the Republic of the Philippines

- <http://www.gov.ph> This website was created pursuant to
Executive Order No. 265, s. 2000, which adopted the
“Philippine Government Online” for the computerization of
key frontline and common services and operations of
government to enhance overall governance. The website
contains current presidential directive and issuances, the
medium term Philippine Development Plan, 2004-2010, year
end reports as well as government links to other
departments. Exhibit 8 shows the government portal. A
listing of presidential directives such as executive orders,
administrative orders, proclamations, Republic Acts, as well
as policy statements are found in the website of the Office of
the President <http://www.op.gov.ph> in Exhibit 9.

g. Office of the President - <http://www.ops.gov.ph> It contains

the presidential issuances such as executive orders,

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proclamations, memorandum orders of the President of the

Philippines. Found in Exhibit 10.

Other Philippine websites are:

a. Securities and Exchange Commission <http://www.sec.ph>

b. Commission on Elections <http://www.comelec.gov.ph>

It contains complete list of candidates for different elective

positions in Government, list of precincts and complete list of
voters.

c. Commission on Audit <http://www.coa.gov.ph>

d. Pinoy Law <http://www.Pinoylaw.com>

This website advertises itself as “Your Window to Philippine

Legal Information and Solutions.” It contains a section on
jurisprudence, a list of Republic Acts and other laws and vital
link to the official websites of the Supreme Court, the
Solicitor General and the Office of the President, as well as
some law trivia.

e. Disini and Disini Law Office <http://www.disini.ph>

This website offers a comprehensive listing on e-commerce

and other e-legislations including access to the E-Commerce
Act and its Implementing Rules and Regulations. It has a list
of pending bills on e-commerce and intellectual property as
well as administrative issuances. There are also interesting
articles concerning emerging local and international legal
issues with respect to cyber laws, cyber crimes and the
internet in general.

f. Civil Service Commission <http://www.csc.gov.ph>

g. National Statistics Office <http://www.census.gov.ph>

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2. International Legal Research Websites

Major legal research websites include:26

a. Findlaw -- <http://www.findlaw.com> Touted as a

comprehensive website providing case law, codes and
statutes, law reviews, legal organizations and specific legal
subjects, including constitutional, intellectual property and
labor law, along with access to foreign and international
resources. It also contains a listing of law schools, law firms,
legal organizations, government directories, and legal
practice manuals. It claims to be the most heavily visited
free legal portal.

b. Cornell Legal Information Institute (LII) --

<http://www.law.cornell.edu/> A comparable guide to legal
resources on many different legal topics. It is best known as
a site for searchable court opinions, federal and state
statutes and rules. It links to many significant legal
documents such as the Constitution, Federal Rules of Civil
Procedure & Evidence, and uniform rules. It present links to
materials organized by topic and source and distills legal
items of notable contents.

c. World Wide Web Virtual Law Library

<http://www.law.indiana.edu/law/v-lib/lawindex.html>
Arranged by subject, it includes links to site of specialty
areas of law, law firms, government resources, journals and
search engines.

d. Washburn University’s Wash Law --

<http://www.washlaw.edu> One of the earliest and most
exhaustive legal sites, with code law, statutes and general
reference material. It has links to all known law and law-
related materials on the Internet covering state law, federal
law, foreign and international law as well as information in
specialized subject areas.

e. Hieros Gamos -- <http://www.hg.org> International in scope,

it is one of the oldest and most comprehensive legal sites
with two million links. It provides access to U.S. law,
international law for over 230 countries, government
information for all 50 American States, uniform law, law-

26
R. MERSKY & D.J. DUNN, LEGAL RESEARCH, ILLUSTRATED, 488-489 (8TH ED., 2002); C.M. BAST &
TH
M. HAWKINS, FOUNDATIONS OF LEGAL RESEARCH 448-9 (4 ED., 2010).

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related organizations and bar associations and online

journals. It has a very detailed index of topics and sources.

f. Global Legal Information Network <http://www.glin.gov> This

is a public database of official texts of laws, regulations,
judicial decisions and other complementary legal sources
combined by government agencies and international
organizations in their original languages. Each document is
accompanied in English which are available free to the
public. Free public access to full text information is also
available free for most jurisdictions.

g. American Law Sources On-Line (ALSO)

<http://www.lawsource.com/also/> Links to all on-line
resources covering American and Canadian Law. This site
is especially used for state law, providing categories by type
and any on-line authority which is state specific.

h. Internet Legal Resource Guide <http://www.ilrg.com>

Comprehensive and categorized index of more than 4,000
web sites in 238 nations, islands and territories, with
emphasis on the U.S.

i. FirstGov <http://www.firstgov.gov> A portal to all U.S.

government information on the web, it integrates to 2.7
million federal government web pages from 20,000
government websites.

j. United Nations -- <http://www.un.org>

 U.N. Treaty Series (U.N.T.S.) <http://untreaty.un.org>
 U.N. Commission on International Trade Law
(UNCITRAL) <http://uncitral.org/en-index.htm>
 U.N. High Commissioner for Human Rights
(UNHCHR) <http://www.unhcher.ch/html/intlinst.htm>
 U.N. Environment Program (UNEP)
<http://www.unep/SEC>
 U.N. High Commissioner for Refugees (UNHCR)
<http://www.unhcrch/refworld/>
 International Labor Organization (ILO) (ILOLEX)
<http://ilolex.ilo.ch:1567/public/english/50>
norms/infleg/iloeng/index.htm
 World Intellectual Property Organization (WIPO)
<http://www.wipo.org/treaties>

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C. COMMERCIAL ONLINE SUBSCRIPTION DATABASES

Web access to a subscription database such as W ESTLAW or

LEXISNEXIS is based on transactional pricing. With hourly pricing database
contracts, users pay set charges based on the time spent searching or
browsing in a specific database. Pricing varies by vendor or database.
These sites require registration and a user.

The two leading on-line systems in legal research are WESTLAW, a

service owned by the Thomson Corporation and LEXIS, a service of Reed
Elsever, Inc. Both are comprehensive and complex sources of legal
information, providing primary materials, including cases, statutes, and
regulations and secondary sources such as legal periodicals and treatises.
Both WESTLAW and LEXIS contain full text of opinions from the U.S. Federal
Courts and from all state courts of the 50 states. Both websites provide
database content and general overviews of the coverage of these two
services. Both systems utilize basic Boolean search techniques and natural
language searching with an on-line thesaurus to identify synonyms which are
not automatically searched. Both systems have mechanisms for retrieving a
case by typing its citation. Westlaw has a KEYCITE, an on-line citation
service while LEXIS includes sources such as SHEPARD’S CITATIONS, an
on-line version of the traditional print citator.

1. WESTLAW <http://international law.westlaw.com> To remain

current, an annual print publication entitled WESTLAW Database
Directory is distributed to subscribers. Since it covers the National
Reporter System, KEYSEARCH is powered by the West’s key
number system which assist researchers in finding relevant
documents together with the synopsis and headnotes for any case.
Subscription of the U.P. Law Library is $10,000 annually. (See
Exhibit 10 for a facsimile of the website)

The LAWREV Library on LEXIS and JLR database on W ESTLAW

provides a comprehensive access to hundreds of law reviews.

2. LEXIS-NEXIS <http://www.lexis.com>

LEXIS-NEXIS is another of the original providers of electronic legal

research. It provides access to a broad array of information. The
LEXIS side provides primary and secondary sources of law including
legal journals, hornbooks, and legal periodicals. It provides bill
tracking tools (for laws that has not yet been created) and
legislative history tools (for exploring the background of law as it
was being created). The NEXIS side provides non-legal news and
information, including access to hundreds of newspapers, trade
journals, newsletters, and other information sources.

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There are “educational subscriptions” to enable students, faculty,

librarians and other qualified individuals at law schools to have
unlimited access to these services. Charges to commercial
accounts are often based on the amount of time spent on-line, the
number of searches executed or both and sometimes there are
premium charges for accessing certain sources or databases
containing multiple types of authority.27

LEXIS ONE <http://www.lexisOne.com> A Web-delivered service

that supplies practice resources for solo and small-firm practitioners
who cannot pay for access to the paid LEXIS-NEXIS service. It
offers free case law, legal forms, legal news, and an Internet Legal
Research Guide with links to more than 20,000 law-related
websites organized by category. It is free but users must register.

3. HEIN ON LINE <http://heinonline.org/> This system is working

closely with Cornell Information Technologies. It contains subject
compilations of state laws, U.N. Law collection, National
Conference of Commissioners on Uniform state laws, older law
journal articles and 40 million pages of research.

4. CD ASIA ON LINE <http://cdasiaonline.com> CD Technologies, Inc.

brings to the web its collection of Philippine legal databases with
70,000 documents. Each document is encoded with complete field
information on date, title, reference number, section and ponente.
A copy of its website is found in Exhibit 11.

27
R.M. MERSKY & D. DUNN, op cit., p. 467-8.

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VII. READING AND KEEPING ABREAST WITH THE LAW

Once the statute applicable to the problem at hand is located, read its
provisions and cite it accordingly. As for compiled cases applicable on the
problem, read the cases and make an internal evaluation. Separate the obiter
dicta from the ratio decidendi of the cases. Look for the similarity of fact-situation
and the problem searched. One should also make an external evaluation by
searching for background information on subsequent history and critical
comments regarding the issues being researched through legal periodical
articles, surveys, annotations and treatises. However, the researcher must make
the final assessment in understanding the cases and statutes. He or she must
draw conclusions from them depending upon his/her own good judgment.
Remember to update the laws and cases through Shepard’s Citations or Key
Cite which is on-line (if you are dealing on American cases or statutes) or
through computer-assisted research because the importance of validation
research cannot be overestimated.

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VIII. GENERAL POINTERS IN LEGAL RESEARCH

In finding the law, your ultimate goal is to find mandatory primary

authorities bearing on your legal problem. If these are either scarce or non-
existent, your next priority should be to find persuasive primary authorities.
Finally, if all else fails, you might rely on relevant secondary authorities.

1. Whenever your research focuses on primary sources, you should

normally start with statutes because they can control the other
kinds of primary law (except for constitutional provisions);
administrative regulations exist only by virtue of a statute
authorizing their promulgations, and court decisions can be and
often are overturned or at least modified by statutes.

2. Do not rely on summaries, e.g. case headnotes, statutory

annotations, generalizations in legal encyclopedias) as necessarily
being either accurate or authoritative statements of the law.
Although such summaries are helpful guides, they can never
substitute for the primary authorities themselves. To determine
precisely what a summarized primary authority says or means, you
must read it yourself.

3. Remember that titles of sub-topics listed under the various topics in

case digests, as well as indexes in secondary reference works (e.g.
legal encyclopedias) do not classify legal subject matter with
scientific precision. Consequently, when you have found an entry
you think is relevant to your research problem, you generally should
examine neighboring entries also.

4. When doing a descriptive or fact word research in an index of a set

of annotated statutes, an administrative code, case digest, or some
other primary search material, complete it as soon as you find your
first word listed, even if it has several index entries under it. Try
some of your other descriptive words, too; they may lead you to still
other relevant sources.

5. Whenever you do your research in a secondary source of the law,

start by reading the table of contents, preface, or other introductory
remarks, or any section with a title like “Scope Note” or “Scope
Analysis.” These sections will explain the reference work’s
coverage and may help you determine at the outset whether the
book will be useful in your research. Spending a few minutes
determining a reference’s scope before investing extensive time
reading through it will often prevent wasted research efforts.

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LEGAL RESEARCH

6. Does the legal issue seem to involve a highly development area of

law with many authorities in point or does there seem to be little
authority available? If it is the latter, what are the types of searches
that the computer does best? Only go to the internet if there are no
or scant materials available on the issue involved.

7. Select a database before you begin your search. Choose the least
expensive appropriate database and whether you wish to locate
mandatory or persuasive materials. Draft your search carefully by
looking for critical facts. Be aware of the kind of words that works
best in searches. The keywords of your research should be ready
before browsing the internet. Also use the free websites first before
proceeding with paid databases.

8. Take notes on the information found in computerized sources and

properly cite them as well as indicate the date when you have last
visited the website.

9. Always look for authorities that undermine the position for which
you are contending as well as those that support it. In legal
research, you need to discover not only the law that helps you, but
also the law that will hurt you, so you can anticipate and answer
objections that may arise to the arguments you advance. Always
begin your research from the latest to the earliest in order not to
waste your time. Always put the date of your research so that
when the same problem occurs, you need only to update your
research from that date.

10. Read all the statutes and jurisprudence gathered and make your
analysis. Understanding the materials and drawing conclusions
from them are largely dependent on your good judgment,
astuteness and their importance to the case before you.

11. Finally, there are non-legal materials which could also be used
depending upon the nature of the problem. Skills in legal research
are focused on the researcher’s critical need to know how to draw
effectively or how to select from the myriad of law books, the one
book required at any given point in solving a problem.

12. How do you know when your research is finished? When the
sources you have found all start to agree with each other and all
these sources keep repeating or citing each other and if you do not
have anymore nagging questions that ought to be answered, this
means that your research is finished. It also means that you should
proceed to writing your decision.

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IX. CITATION - WRITING REFERENCES

Use the 2009 Fundamentals of Decision Writing for Judges (272 p.)
published by the Philippine Judicial Academy. In order to correctly cite legal
sources, use the Philippine Manual of Legal Citations.28 See also Manual of
Judicial Writing, pages 54-73, published by the Supreme Court.

28
M.S. FELICIANO, PHILIPPINE MANUAL OF LEGAL CITATIONS, U.P. Law Center (3d rev. ed., 1999).

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X. CONCLUSION

There is no uniform rule as to how extensive the research should be in

solving a legal problem. This is influenced by the nature of the problem, the
available sources, availability of time, legal measures being adopted and, of
course, the research habits and attitudes of the legal researchers or judges. But
in any situation, please take note that common sense has a significant bearing
on the research procedure.

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