LEGAL RESEARCH - PRE-MID TERM NOTES:

by: Rey Malvin Pallomina

I. Definition of LEGAL RESEARH?

- Legal research is a study of human behavior, their interactions, attitude pertaining to any
law under the research studies. It does not limit to academic purpose but also during law
practice. Legal research is the process of finding sufficient relevant data that will support
a legal problem, question, or legal decision-making. Legal research involves four
processes which will help a student or professional in organizing their thoughts and
approach the legal problem systematically. First, is to identify and analyze the significant
facts of the case at hand to filter out irrelevant facts that will only cause confusion. Next
is to formulate the legal issues of the given relevant facts, and then, research on what
laws and doctrines that would be applicable in the issues presented. Lastly, update the
laws and doctrines used/applied in the legal issues in case there is a new decision made
by the judiciary from the specific law or doctrine applied that would render the legal
research archaic and useless.

II. SOURCES of Law – Classification of Legal Source:

1. By Authorities:

- Legal sources by authority is that which may be cited in support of an action, theory, or
hypothesis. Primary authority is the only authority that is binding on the courts. These are
the two sources by authority: (1) Statutes or statutory laws and (2) Jurisprudence or Case
Law. They are the actual law or those promulgated by the three branches of government:
Legislative, Executive and Judiciary.

o Statutes are written enactment of the will of the legislative branch of the
government rendered authentic by prescribed forms or solemnities or also known
as enactment of congress. They consist, generally, of the Constitution and
legislative enactments. In the Philippines, statutory law includes constitutions,
treaties, statutes proper or legislative enactments, municipal charters, municipal
legislation, court rules, administrative rules and orders, legislative rules and
issuance of government agencies including government-controlled corporations.

o Jurisprudence are cases decided or written opinions by courts and by person

performing judicial functions. This includes rulings in administrative and
legislative tribunals such as decisions made by Presidential, Senate, or House
Electoral Tribunals, and decisions made by the Supreme Court, appellate courts,
lower courts, and other quasi-judicial agencies.
LEGAL RESEARCH - PRE-MID TERM NOTES:
by: Rey Malvin Pallomina

- Secondary authority or sources are commentaries or books, treatise, writings, journal

articles that explain, discuss or comment on primary authority. Also included in this
category are the opinions of the Department of Justice, Securities and Exchange
Commission or circulars of the Bangko Sentral ng Pilipinas. These materials are not
binding in courts, but they have persuasive effect since authors of these secondary
sources have good reputations and are considered experts in the field, thus, making their
opinion matter though not binding, but something to consider about.
o Some of the authors of good reputation and considered experts in the field are Chief
Justice Ramon C. Aquino and Justice Carolina Grino Aquino on Revised Penal Code or
Criminal Law, Senator Arturo M. Tolentino on Civil law, Chief Justice Enrique M.
Fernando and Fr. Joaquin Bernas on Constitutional Law, Prof. Perfecto Fernandez on
Labor Law, Vicente Francisco, Chief Justice Manuel Moran on Remedial Law, and
Justice Vicente Abad Santos and Senator Jovito Salonga on International Law, etc.

2. By Sources:

- Primary sources are those published by the issuing agency itself or official repository,
the Official Gazette. Thus, for Republic Acts and other legislative enactments or statutes,
the primary sources are the Official Gazette published by the National Printing Office
and the Laws and Resolutions published by Congress. For Supreme Court decisions, the
primary sources are the Philippine Reports, the individually mimeographed Advance
Supreme Court decisions and the Official Gazette.

- Secondary sources, considered as unofficial, are generally referred to as those

commercially or institutionally published in print or online. Example of this is the
Supreme Court Reports Annotated (SCRA).
o In finding the law, our goal is to locate mandatory primary authorities, which have
bearing on the legal problem at hand. If these authorities are scarce or nonexistent, our
next alternative is to find any relevant persuasive mandatory authority. If our search is
still negative, the next alternative might be secondary authorities. There are however
instances where the secondary authorities, more particularly the commentaries made by
experts of the field, take precedence over the persuasive mandatory authorities. With the
availability of both, using both sources are highly recommended.

3. By Character:

- This refers to the nature of the subject treated in books. This classification categorizes
books as: a) Statute Law Books, b) Case Law Books or Law Reports, c) a combination of
both and d) “Law Finders.”

- Law Finders refer to indexes, citators, encyclopedias, legal dictionaries, thesauri, or

digests. A major problem in the Philippines is that there are no up-to-date Law Finders.
LEGAL RESEARCH - PRE-MID TERM NOTES:
by: Rey Malvin Pallomina

Federico Moreno’s Philippine Law Dictionary, the only available Philippine law
dictionary was last published in 1988, and, Jose Agaton Sibal’s Philippine Legal
Thesaurus, which is likewise considered a dictionary, was published in 1986. Foreign law
dictionaries like Blacks’ Law Dictionary, Words and Phrases are used as alternate.

[Link] of the Government:

- The three branches of the Philippine Government consist of the Executive Department,
Legislative Department, and the Judicial Department.

CHECKS AND BALANCES:

- The President can veto laws passed by Congress. Pardoning power of the President can
modify or set aside the judgements done by Judiciary.

- Congress confirms or rejects the President's appointments and can remove the President
from office in exceptional circumstances through impeachment. Revoke Martial Law
proclamation or suspension of writ of habeas corpus by the President. Amend or revoke
the Court's decision by the enactment of a new law or by the amendment of the old.

- The Justices of the Supreme Court, who can overturn unconstitutional laws, are appointed
by the President. They determine if there has been a grave abuse of discretion amounting
to lack or excess of jurisdiction on the part of the Congress or President.

1. Executive Department:
- Power to IMPLEMENT LAWS

o The executive power is vested in the President of the Philippines. The President is
both the Chief of State (head of the state) and the Commander-in- Chief of all the
Armed Forces of the Philippines. The executive department also includes the Vice
President and the Secretaries of Heads of the Executive Departments and other
Cabinet officials.

o The following are the Departments under the Executive Branch:

 Department of Agrarian Reform
 Department of Agriculture
 Department of Budget and Management
 Department of Education
 Department of Energy
LEGAL RESEARCH - PRE-MID TERM NOTES:
by: Rey Malvin Pallomina

 Department of Environment and Natural Resources

 Department of Finance
 Department of Foreign Affairs
 Department of Health
 Department of Interior and Local Government
 Department of Justice
 Department of Labor and Employment
 Department of National Defense
 Department of Public Works and Highways
 Department of Science and Technology
 Department of Social Welfare and Development
 Department of Tourism
 Department of Trade and Industry
 Department of Transportation and Communications
 National Economic and Development Authority
 Office of the Press Secretary

o The Vice President is the head of the different Departments under the Executive
Branch.

o Both the President and the Vice President are elected by direct vote of the Filipino
people for a term of six years. The President is not eligible for a reelection while
the Vice President cannot serve for more than two terms.

o The Supreme Court en banc thus acts as the Presidential Electoral Tribunal. The
Supreme Court promulgated the 2005 Rules on the Presidential Tribunal (A.M.
No. 05-11-06-SC). The Presidential Electoral Tribunal shall hear and decide en
banc all presidential election contests brought under this Act and the concurrence
of at least seven members of the Tribunal shall be necessary for a final decision
thereon.

o Both, the President, and the Vice-President, may be removed from office by
impeachment (Art. XI sec. 2) to be initiated by the House of Representatives (Art.
XI, sec, 3) and tried and decided by the Senate (Art. XI, sec, 3 (6)).

- The purpose of impeachment is to protect people from the official delinquencies. It is for
the protection of the state rather than the punishment of the offender. Officials that can be
impeached, aside from the President, and the Vice-President: Members of the Supreme
Court, the members of the Constitutional Commissions (COMELEC, CSC, COA), and
the Ombudsman.

- Grounds for Impeachment:

 Culpable violation of the Constitution (failure to disclose SALN)
LEGAL RESEARCH - PRE-MID TERM NOTES:
by: Rey Malvin Pallomina

 Treason
 Graft and Corruption
 Betrayal of Public Trust
 High Crimes (perjury of oath, abuse of authority, intimidation, misuse of
assets, failure to supervise, dereliction of duty, conduct unbecoming, and
refusal to bey lawful order)

o The Cabinet members are nominated by the President, subject to the confirmation
of the Commission on Appointments (Art. VII, sec, 16) which this consists of the
President of the Senate, as ex- officio Chairman, twelve Senators and twelve
members of the House of Representatives (Art. VI, sec. 1).

2. Legislative Department
- Legislative power is vested in the Congress of the Philippines, consisting of the Senate
and the House of Representatives.
- Power to ENACT LAWS
- Authorized to make laws, alter, and repeal them through the power vested in the
Philippine Congress. This institution is divided into the Senate and the House of
Representatives.
- Senate:
o The Senate of the Philippines is composed of twenty-four (24) Senators who are
elected at large by qualified voters who serve for a term of not more than six (6)
years. No Senator may be elected for more than two consecutive terms.

o The Senate is led by the Senate President, Pro Tempore, Majority Leader and the
Minority Leader. The Senate President is elected by majority vote of its members.
There are thirty-six (36) permanent committees and five (5) oversight committees.

o The sole judge of contests relating election returns and qualifications of members
of the Senate rests with the Senate Electoral Tribunal (SET), which is composed
of nine members, three of whom are Justices of the Supreme Court and six
members of the Senate. (Art. VI, sec. 17). The Senate Electoral Tribunal approved
on November 12, 2003 its Revised Rules.

- House of Representatives:

o Not more than (250) members, elected by legislative districts for a term of three
years, not more than three consecutive terms.

o The party-list representatives, who come from registered national, regional, and
sectional parties and organizations, shall constitute twenty percent (20%) of the
LEGAL RESEARCH - PRE-MID TERM NOTES:
by: Rey Malvin Pallomina

total number of representatives. (RA No. 7941), which was approved on March 3,
1995.

o Officials - Speaker of the House, Deputy Speaker for Luzon, Deputy Speaker for
Visayas, Deputy Speaker for Mindanao, Majority Leader, and Minority Leader.

o The Speaker of the House is elected by majority vote of its members.

 (57) standing committees
 (16) special committees

o The sole judge of contests relating election, returns and qualifications of members
of the House of Representatives rests with the House of Representatives Electoral
Tribunal (HRET) which is composed of nine members, three of whom are
Justices of the Supreme Court and six members of the Senate (Art. VI, sec. 17).

3. Judicial Department:

- Composed of a Chief Justice and fourteen Associate Justices who shall serve until the age
of seventy (70).
- The Court may sit En Banc or in its three (3) divisions composed of five members each.
- A vacancy must be filled up by the President within ninety (90) days of occurrences o
Article VIII, Sec. 4 (2) explicitly provides for the cases that must be heard En Banc
- Sec. 4 (3) for cases that may be heard by divisions. (Constitution, Art. VIII, sec. 4, par.1)
- Judiciary Reorganization Act of 1980 - transferred from the Department of Justice to the
Supreme Court the administrative supervision of all courts and their personnel as
affirmed by Art. VIII, sec. 6 of the 1987 Constitution.
- Office of the Court Administrator (OCA) by PD No. 828, as amended by PD No. 842, -
supervision and administration of the lower courts throughout the Philippines and all their
personnel. It reports and recommends to the Supreme Court all actions that affect the
lower court management. The OCA is headed by the Court Administrator, three (3)
Deputy Court Administrators and three (3) Assistant Court Administrators
Supreme Court:
1. Exercise original jurisdiction over cases affecting ambassadors, other public ministers,
and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and
habeas corpus.
2. Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules
of Court may provide, final judgments and orders of lower courts in:
a. All cases in which the constitutionality or validity of any treaty, international or
executive agreement, law, presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question.
LEGAL RESEARCH - PRE-MID TERM NOTES:
by: Rey Malvin Pallomina

b. All cases involving the legality of any tax, impost, assessment, or toll, or any
penalty imposed in relation thereto.
c. All cases in which the jurisdiction of any lower court is in issue.
d. All criminal cases in which the penalty imposed is reclusion perpetua or higher.
e. All cases in which only an error or question of law is involved.
3. Assign temporarily judges of lower courts to other stations as public interest may require.
Such temporary assignment shall not exceed six months without the consent of the judge
concerned.
4. Order a change of venue or place of trial to avoid a miscarriage of justice.
5. 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 all 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.
6. Appoint all officials and employees of the Judiciary in accordance with the Civil Service
Law.
Court of Appeals:
- Court of Appeals jurisdiction according to BP Blg. 129

1. Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus,

and quo warranto, and auxiliary writs or processes, whether or not, in aid of its appellate
jurisdiction;
2. Exclusive original jurisdiction over actions for annulment of judgements of Regional
Trial Courts; and
3. Exclusive appellate jurisdiction over all final judgements, resolutions, orders, or awards
of
o Regional Trial Courts
o quasi-judicial agencies
o instrumentalities
o boards or commission, including the Securities and Exchange Commission, the
Social Security Commission, the Employees Compensation Commission and the
Civil Service omission, Except those falling within the appellate jurisdiction of
the Supreme Court in accordance with the Constitution, the Labor Code of the
Philippines under Presidential Decree No. 442, as amended, the provisions of this
Act, and of subparagraph (1) of the third paragraph and subparagraph 4 of the
fourth paragraph of Section 17 of the Judiciary Act of 1948.
LEGAL RESEARCH - PRE-MID TERM NOTES:
by: Rey Malvin Pallomina

Court of Tax Appeals:

- Created by RA No. 1125 on June 16, 1954,
- Review tax cases.
- Same level as the Court of Appeals as per RA 9282.
- Composed of six justices.
- The Court of Tax Appeals has exclusive appellate jurisdiction to review by appeal the
following:
1. Decisions of the Commissioner of Internal Revenue in cases tax cases
2. Decisions, orders, or resolutions of the Regional Trial Courts in local tax cases
originally decided or resolved by them in the exercise of their original or appellate
jurisdiction;
3. Decisions of the Commissioner of Customs in cases involving liability for customs
duties and matters arising under the Customs Law or other laws administered by the
Bureau of Customs.
4. Decisions of the Central Board of Assessment Appeals involving the assessment and
taxation of real property originally decided by the provincial or city board of
assessment appeals;
5. Decisions of the Secretary of Finance on customs cases adverse to the Government
under Section 2315 of the Tariff and Customs Code;
6. Decisions of the Secretary of Agriculture in the case of nonagricultural product,
commodity or article, and the Secretary of Agriculture in the case of agricultural
product, commodity, or article, involving dumping and countervailing duties under
Section 301 and 302, respectively, of the Tariff and Customs Code, and safeguard
measures under R.A. No. 8800, where either party may appeal the decision to impose
or not to impose said duties.
Regional Trial Courts:
- Second level courts
- divided into thirteen (13) judicial regions: National Capital Region (Metro Manila) and
the twelve (12) regions of the country, which are divided into several branches.
- The Supreme Court designates certain branches of regional trial courts as special courts
to handle exclusively criminal cases, juvenile and domestic relations cases, agrarian
cases, urban land reform cases that do not fall under the jurisdiction of quasi-judicial
bodies.
- The Regional Trial Courts’ jurisdictions are defined as follows:

1. All civil actions in which the subject of the litigation is incapable of pecuniary
estimation;
2. All civil actions which involve property exceeds twenty thousand pesos (P 20,000.00)
or, civil actions in Metro Manila, where such value exceeds Fifty thousand pesos (P
50,000.00) except actions for forcible entry into and unlawful detainer of lands or
buildings, original jurisdiction over which is conferred upon the MeTCs, MTCs, and
MCTCs;
LEGAL RESEARCH - PRE-MID TERM NOTES:
by: Rey Malvin Pallomina

3. All actions in admiralty and maritime jurisdiction where the demand or claim exceeds
one hundred thousand pesos (P 100,000.00) or, in Metro Manila, where such demand
or claim exceeds two hundred thousand pesos (P 200,000.00);
4. All matters of probate, both testate and intestate, where the gross value of the estate
exceeds One hundred thousand pesos (P 100,000.00) or, in probate matters in Metro
Manila, where such gross value exceeds Two hundred thousand pesos (P 200,000.00);
5. All actions involving the contract of marriage and marital relations
6. All cases not within the exclusive jurisdiction of any court, tribunal, person, or body
exercising judicial or quasi-judicial functions;
7. All other cases in which the demand, exclusive of interest, damages of whatever kind,
attorney’s fees, litigation expenses and costs or the value of the property in
controversy exceeds One hundred thousand pesos (P100,000.00) or, in such other
cases in Metro Manila, where the demand, exclusive of the above-mentioned items
exceeds Two hundred pesos (P 200,000.00) (Sec. 19, Batas Pambansa Blg. 129, as
amended by R.A No. 7691).
8. Original cases on the issuance of writs of certiorari, prohibition, mandamus, quo
warranto, habeas corpus, and injunction which may be enforced in any part of their
respective regions
9. Actions affecting ambassadors and other public ministers and consuls.
10. Exercise appellate jurisdiction over MeTCs, MTCCs, MTCs, and MCTCs in their
respective territorial jurisdiction.
Judicial and Bar Council:
- Created by virtue of Art. VIII, sec. 8. under the supervision of the Supreme Court.
- Screen prospective appointees to any judicial post.
- Composed of the Chief Justice as ex-officio Chairman, the Secretary of Justice, and
representatives of Congress as ex-officio members, a representative of the Integrated Bar,
a professor of law, a retired member of the Supreme Court and a representative of the
private sector as members.
Sandiganbayan:
- To maintain integrity, honesty and efficiency in the bureaucracy and weed out misfits and
undesirables in government service (1973 Constitution (Art. XIII, sec. 5) and 1987
Constitution (Art. XI, sec. 4)).
- Restructured by PD No. 1606 as amended by RA No. 8249.
- Composed of a Presiding Justice and fourteen (14) Associate Justices still in five
Divisions of three (3) Justices each.

IV. Constitutional Commissions

1. Civil Service Commission

LEGAL RESEARCH - PRE-MID TERM NOTES:
by: Rey Malvin Pallomina

- One of the three Constitutional Commissions of the Philippines with responsibility over
the civil service. It is tasked with overseeing the integrity of government actions and
processes.
- The Civil Service Commission (CSC) is the central personnel agency of the Philippine
government responsible for the policies, plans, and programs concerning all civil service
employees.

- The 1987 Constitution staggered the terms of the members of the Constitutional
Commissions. Of the first appointees, the Chairman would serve seven years (1st line), a
Commissioner would serve five years (2nd line), and another Commissioner would serve
three years (3rd line). Term refers to a fixed period, while tenure refers to the actual
period that a person held office.

2. Commission on Elections

- One of the three constitutional commissions of the Philippines. Its principal role is to
enforce all laws and regulations relative to the conduct of elections in the Philippines

- According to Article IX-C, Section 2 of the 1987 Constitution of the Philippines, the
Commission on Elections shall exercise the following powers and functions:
o Enforce and administer all laws and regulations relative to the conduct of an
election, plebiscite, initiative, referendum, and recall.

o Exercise exclusive original jurisdiction over all contests relating to the elections,
returns, and qualifications of all elective regional, provincial, and city officials,
and appellate jurisdiction over all contests involving elective municipal officials
decided by trial courts of general jurisdiction, or involving elective barangay
officials decided by trial courts of limited jurisdiction. Decisions, final orders, or
rulings of the Commission on election contests involving elective municipal and
barangay offices shall be final, executory, and not appealable.

o Decide, except those involving the right to vote, all questions affecting elections,
including determination of the number and location of polling places,
appointment of election officials and inspectors, and registration of voters.

o Deputize, with the concurrence of the President, law enforcement agencies and
instrumentalities of the Government, including the Armed Forces of the
Philippines, for the exclusive purpose of ensuring free, orderly, honest, peaceful,
and credible elections.

o Register, after sufficient publication, political parties, organizations, or coalitions

LEGAL RESEARCH - PRE-MID TERM NOTES:
by: Rey Malvin Pallomina

o File, upon a verified complaint, or on its own initiative, petitions in court for
inclusion or exclusion of voters; investigate and, where appropriate, prosecute
cases of violations of election laws, including acts or omissions constituting
election frauds, offenses, and malpractices.

o Recommend to the Congress effective measures to minimize election spending

o Recommend to the President the removal of any officer or employee it has

deputized, or the imposition of any other disciplinary action, for violation or
disregard of, or disobedience to its directive, order, or decision.

o Submit to the President and the Congress a comprehensive report on the conduct
of each election, plebiscite, initiative, referendum, or recall.

3. Commission on Audit
- It has the primary function to examine, audit and settle all accounts and expenditures of
the funds and properties of the Philippine government.

- The Commission on Audit is composed of a Chairperson and two Commissioners. They

must be natural-born citizens of at least thirty-five years of age, and must be either a
Certified Public Accountant or a lawyer. The members of the Commission are appointed
by the President of the Philippines, with the consent of the Commission of Appointment,
for a term of seven years without reappointment

- The Commission has the power, authority, and duty to examine, audit and settle all
accounts pertaining to the revenue and receipts of and expenditures or uses of the funds
and properties of the Philippine government. Towards that end, it has the exclusive
authority to define the scope, techniques and methods of its auditing and examination
procedures. It also may prevent and disallow irregular, unnecessary, excessive,
extravagant, or unconscionable expenditures, or uses of government funds and properties.