LEGAL RESEARCH AND WRITING

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 SYLLABUS

This is a 2-unit course designed for year law students. it is an introduction to legal writing techniques. It
involves applied legal bibliography, case digesting and reporting analysis, legal reasoning, and
preparation of legal opinion and memoranda.

There are 2 parts of the subject: (1) legal research; (2) legal writing.

Learning competencies. At the end of the semester, the students are expected to:
1. Learn the basic tools in legal research and writing.
2. Develop the skill of good legal writing.
3. Show appreciation on the importance of legal research as pre-work legal writing.

Course requirement
1. Attendance
2. Quizzes and writing exercises
3. Periodic Examinations
4. Term Paper

COURSE OUTLINE

1. Legal research
a. Definition, importance, and sources of legal research
i. Definition and importance
ii. Source of law
1. Primary sources
2. Secondary materials
3. Finding tools
b. Legal research process
c. Case briefing and synthesis
i. Parts of the case brief
1. Facts
2. Issues
3. Ruling
ii. Exercises on case briefing
iii. Synthesizing cases
d. Statutory Law
i. The Philippine Constitution
ii. Treaties and International Agreement
iii. Statutes Enacted by the Legislature
iv. Administrative Rules and Regulations
v. Ordinances Enacted by LGU
vi. Computerized Legal Research Services
e. Case Law
i. The Philippine Judicial System
ii. The Doctrine of Precedent
iii. Stare Decisis and Res Judicata
iv. Reversal and Overruling
v. Ration Decidendi and Obiter Dictum
vi. Binding and Persuasive Authority
vii. Form of Decisions
1. Parts of a SC decision

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 2. Legal Writing
a. Introduction
i. Efficient use of Paper Rule (A.M. No. 11-9-4-SC)
ii. Supreme Court Stylebook
iii. DOJ Manual of Writing Style
b. General Rules of Usage
c. Punctuation and Symbols
d. How to Prepare a Legal Citation
e. Using gender-fair and inclusive language
f. Legal writing principles
i. Clarity
ii. Conciseness
iii. Coherence
g. Two broad categories of legal writing
i. Legal analysis
ii. Legal drafting

3. Legal analysis
a. Objective legal analysis
i. Memoranda and reports
ii. Legal opinion letter
b. Persuasive legal analysis
i. Pleadings
ii. Motion
iii. Briefing

References
1. Feliciano, Myrna S., Philippine Manual of Legal Citations, 1999
2. Rodriguez, Rufus B., Legal Research, 2002
3. Santos-Ong, Milagros, Philippine Legal Research and bibliography, 2009
4. Javines, Francisco O., Legal Writing: Logic and Language in Law
5. Ulep, Mauricio C., Basic Legal Writing
6. Tabucanon, Gil Marvel P., Legal Writing: A competency-based approach
7. DOJ Manual of Writing Style
8. Supreme Court Stylebook

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 INTRODUCTION

Legal research is a process of finding the laws, rules, and regulations that govern activities in human
societies.

Importance of legal research

a. to get updated of the law. As law students and future lawyers, you need to update yourself so
often with the law because the law evolves. The law depends on the activities of human societies.
For instance, in the past, gender-sensitivity laws are non-existent. But because of human needs
for gender-sensitive community, these laws are promulgated and enacted.
b. To make competent representation.
c. To avoid unnecessary suits for damages for poor legal research

Sources of law

Primary sources. It is the law themselves

1. Statutory laws. Rules and regulation promulgated by competent authorities. These laws are
usually promulgated by quasi-judicial bodies or administrative bodies. E.g., DENR, DOLE,
COMELEC, Civil Service.
2. Enactments of Legislative bodies.
a. Republic acts. In early periods, the Philippines have Batas Pambansa and presidential
decrees.
b. Local Ordinances. From barangay councils to provincial councils.
c. Rules and regulations of the administrative agencies, departments, or bureaus
d. Rules and regulations of judicial agencies. E.g., Supreme Court

Different Constitution in the Philippines

Q: Why is the Constitution is important as a source of legal research?

A: because it is the fundamental law of the land. It is supreme over all other laws.

Malolos Constitution. First constitution of the Philippines

Source: Philippine Constitutional History and Constitutions of Modern Nations (Gregorio Zaide, 1970)

1935 Constitution.

Sources:
o 1934 and 1935 Constitutional Convention.
o 10 volumes of the constitutional convention record at the House of Representatives in 1966
o 7 volumes of proceedings of the constitutional convention by Salvador Laurel in 1966
o 6 volumes of the Philippine Constitutions: sources, making, meaning, and application by the Philippine
Lawyers’ Association in 1969
o Journal of the Constitutional Convention of the Philippines by Vicente J. Francisco

1973 Constitution.

The proceedings of the 1973 Constitutional Convention were never published. However, the photocopies
and soft copies of some its deliberations is available at the Filipiniaña Reading Books at the National
Library of the Philippines.

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Provisional and Freedom Constitution.

3 volumes of journals and 5 volumes of records of the Constitutional Convention of 1986 which were
published by the Constitutional Commission.

1987 Constitution (Source: Supreme Court E-Library)

Treaty and International Agreement

Treaty is an agreement or a contract between two or more multilateral nations or sovereigns enter into
by agents appointed (e.g., Secretary of Foreign Affairs or Ambassadors) for the purpose and duly
sanctioned by the Supreme power of the respective countries, also legislative sanction by the congress
because of the need for concurrence of the 2/3 members of the senate.

Executive Agreements those contracts with the concurrence of the senate and it is entered into by the
head of the state.

A treaty or international agreement shall not take effect unless concurred in by at least 2/3 of all members
of the senate.

Sources
o Official gazette
o DFA treaty series
o UN treaty series
o UP law centers treaty series
o Senate of the Philippine consul
o Treaties and international agreement researchers’ archive (TIARA)

Statutes enacted by the Legislatures

o From 1900 to 1935, there were 4, 275 acts. These acts were promulgated by the Philippine
Commission or the Philippine Assembly. Members of the Philippine Assembly were called the
assemblymen.
o From 1935 to 1941, there were 733 commonwealth acts. These CAs were promulgated by the
National Assembly. Members of the National assembly were called the congressmen.
o From 1946 to 1972, there were 6, 635 republic acts.
o From 1972 to 1986, there were 2,036 presidential decrees. These PDs were promulgated by former
president Ferdinand Marcos.
o From 1978 to 1986, there were 891 batas Pambansa.
o From 1986 to 1987, there were 302 executive orders. These EOs were promulgated by the then
President Cory Aquino.

Note: During martial law, both PDs and BPs simultaneously promulgates laws. In the same regime, the
president also promulgates 57 general orders. 1,525 letters of instruction. 2, 489 proclamations. 832
memorandum orders. 1,297 memorandum circulars. 157 letters of implementation or letter of authority.
504 administrative orders. 1,093 executive orders.

The presidential decrees issued by the then-president Marcos and the executive orders issued by then-
president Aquino before the opening of congress may be classified as legislative acts because there was
no legislature during those periods.

Trivia: The first law passed by the new 1987 congress started from RA 6636.

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The Philippine codes adopted from 1901 to present are the following:
1. The child and youth welfare code
2. The civil code
3. The comprehensive agrarian reform code
4. The coconut industry code
5. Code of commerce
6. Cooperative code
7. Corporation code
8. Family code
9. Fire code
10. Forest reform code
11. Intellectual property code
12. Labor code
13. Land transportation and traffic code
14. Local government code
15. Muslim code of personal laws
16. National building code
17. National code of marketing of breast milk substitute and supplements
18. National international revenue code
19. Omnibus election code
20. Philippine environment code
21. Revised administrative code
22. The revised penal code
23. Citation code
24. State ____ code
25. Tariff and customs code
26. Water code

These codes are set of rules of specific agencies or laws.

Assignment: how are laws made. Study the diagram of how a bill becomes a law. Source: Philippine legal
research and bibliography.

Executive orders make defective administrative acts, orders, and regulations of the president touch on
the organization or mode of operation of government, rearranging or addressing these traits.

Executive proclamations – those orders fixing the dates when specific clause, resolutions, or orders seeks
to take effect and any information concerning matters of public nature determined by law, resolution, or
executive orders. As a new president is sworn in, all the presidential issuances start with number 1.

Administrative Rules and Regulations

These are orders, rules, and regulations issued by the heads of departments, bureaus, and other agencies
of the government for the effective enforcement of laws within the jurisdiction.

To access these rules and regulations, you must take note of two things:
1. Issuing agency.
2. Year when the rule was promulgates.

Ordinances enacted by Local Government Units

Under the general welfare clause of Local government Code of 1991, it empowers the LGU to enact and
implement measures for the general well-being of its inhabitants.

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Computerized legal research services

There are online databases of legal information online such as Supreme Court E-Library that provides
information regarding jurisprudence, supreme court rulings, and other salient information.

Case Law

The primary source of case law is supreme court decisions. The decisions or principles enunciated by
report of competent jurisdiction on a question of law serves as guide and authority by all courts of equal
and inferior jurisdiction in all cases involving the same question until the same is overruled or reversed
by the superior court. If the case emanates from the supreme court, all other courts are bound by the
courts’ decision.

Article 8 of the New Civil Code, judicial decision applying or interpreting the laws or the constitution
shall form part of the legal system of the Philippines.

Customs

Customs have the force of law only when the following requisites are complied with:
1. A custom must be proved as a fact according to the rules of evidence (Art. 12 of the New Civil
Code).
2. That the custom must not be contrary to law (Art. 11 of the New Civil Code).
3. Number of repeated acts. These acts must have been uniformly performed. It must also be
consistently observed.
4. That the custom must have a judicial intention to make a rule of social conduct. This judicial
intention is inferred when it is included in law.
5. A custom must be acknowledged and approved by society through long and uninterrupted
usage.

Court Decision

Decision that will apply or interpret a constitution and the laws as part of the legal system of the
Philippines. They are evidence of the meaning and interpretation of the laws. Note: they are not laws.

Doctrine of stare decisis – once a case has been decided one way, then another involving the same
question of point of law should be decided in the same manner.

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How a bill becomes a law?

INITIATION STAGE

Proposal from president, Bill is filed with the Secretary

government agencies, private Either house acts on proposals or General. A bill filed in the House is
citizens, interest groups, and suggestions labeled H.B., while one filed in the
legislators Senate is S.B.

CONGRESSIONAL ACTION

Members vote and if Committee on Rules

approved, bill shall be includes bill in Calendar of
scheduled in Calendar of Business for Second
Bills for Third reading Reading
3RD 2ND 1ST

• Distribution of Bill in final form • Readings of Title/Author(s)

• Sponsorship message
• No amendments allowed • Referral to appropriate
• Period of Debate
• Roll call vote is called committee(s)
• Period of Amendments
• If approved by majority of the • If favorable, a report is submitted
• Amendments shall be done in
members constituted a quorum, through the committee on Rules
accordance with rules of the House
transmit bill to the other house • If rejected, bill dies

PRESIDENTIAL ACTION

If approved by the other house Transmittal of bill to President

through a majority vote of its Law shall take effect after 15 days
members, the final version of the following the completion of their
bill is signed by the Senate publication either in the Official
President approves bill
President and the Speaker of the Gazette or newspaper of general
house circulation in the PH, unless
otherwise stipulated.
If no action within 30 days of receipt,
In case of conflicting provisions bill lapses into law
between the two Houses, a
Bicameral Conference Committee
is constituted to reconcile President vetoes bill and returns it May be overridden by a veto
differences. to originating houses with constituting 2/3 votes of both
explanation houses.

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 THE LEGAL RESEARCH PROCESS
Legal Research (2002) by Rufus Rodriguez

Systematic approach to legal research

In order to solve legal problems accordingly and comprehensively, there must be a systematic approach
to legal research. Four basic steps are recommended, namely:
1. Identify and analyze the significant facts
2. Formulate the legal issues to be researched
3. Research the issues presented
4. Update

A. Identify and analyze the significant facts

The first task is to identify and analyze the facts surrounding the particular problem. Some facts have
legal significance, others do not. The process of legal research begins with compiling a descriptive
statement of legally significant facts. Factual analysis is the first step in formulating the legal issues to be
researched.

The TARP Rule is a useful technique to analyze your facts according to the following factors
T – Thing or subject matter
A – Cause of action or group of defenses
R – relief sought
P – person or parties involved

The thing or subject matter in a problem or controversy may be significant element. For example, when a party
claims that there is a violation of the terms of a contract, the contract becomes an essential fact in the dispute.

The next thing to be done is to identify the claim or cause of action of the plaintiff and the defense that might be
put up by the defendant. In a dispute over a contract, the cause of action may be breach of contract.

What is the relief sought? It might be a civil action for damages to answer for the inquiry caused by the breach of
the contract or an action for specific performance to compel the other party to perform a specific act as mandated
in the contract or to enjoin the other party from doing a specific act probably in violation of the contract.

The parties or persons might be individuals or might be a group that is significant to the solution of the problem
or the outcome of the lawsuit. Similarly, the relationship between the parties, such as exists between lessor or
lessee in a contract of lease will be of special importance to the case.

B. Formulate the legal issue to be research

This is the initial intellectual activity that presumes some knowledge of the substantive law. The goal is
to classify or categorize the problem into general and increasingly specific subject areas and to begin to
hypothesize legal issues.

Consult general secondary sources for an overview of all relevant subject areas. In the example above, if
the legal issue involves a violation of a contract, the research could start by reading the textbooks or
treaties on obligations and contracts by noted authorities. At this stage, these secondary sources are used
to provide background information and to help you formulate issues, they are the tools, not the objects
of research.

Writing a clear, concise statement of each legal issue raised by the significant facts is an important and
difficult task. Once statements of the issued have been drafted, they should be arranged in a logical
pattern to form an outline. Logically, related issues may be combined as sub-issues under a broader main
issues.

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C. Research the issued presented

After the facts have been analyzed and the issues have been framed, it is time to begin researching the
first issue.

I. Organize and plan. Good legal researchers, as a rule, are systematic, methodical, and organized
and they keep good records. For each issue, it is important to decide which source to use, which
sources not to use, and the order in which sources should be examined. The best practice is to
write down all sources to be searched under each issue to be researched, even if source is
repeated.

II. Identify, read, and update all relevant constitutional provisions, statutes, and administrative
regulations. These primary sources can be identified in several ways.

Statutory compilations. Statutory compilations almost always have tables of contents and
indexes that list the subjects and topics covered by the statutes. Because relevant statutory
provisions are often found in several places in the compiled statutes, consult both the table of
contents and the index.

Computer-assisted legal research. The constitution, statutes and administrative regulations are
available on PHILJURIS and LEX LIBRIS. It is possible to search the full text of these documents
for statutes and regulations that apply to your problem.

Secondary sources. Secondary sources such as treatises and commentaries and law review
articles, commonly cite relevant constitutional provisions, statutes and administrative
regulations.

III. Identify, read, and update all relevant case law. After identifying and reading the relevant
constitutional provisions, statutes and administrative regulations, you must identify, read and
update the case law that has interpreted and applied those forms of enacted law, as well as other
case law that is relevant to your fact situation.

Do not limit your search to cases that support your position. A competent researcher will
anticipate both sides of an argument and identify the cases that indicate contrary conclusions.

Treaties and commentaries on the codes and statutes cites cases that interpret that statutes they
discuss. As to computer assisted legal research, both Philjuris and Lex Libris can be searched for
cases that have cited the statute.

After identifying the relevant cases, as you read and brief or digest each case, be sure to note its
full citation, the ponente of the decision, the date of the decision, the relevant facts, the holding,
a summary of the court’s reasoning, and the source cited by the court. Each of the sources cited
should be read and briefed and new cases should be added to your list. Each case you brief should
be incorporated into your outline.

IV. Refine the search. After you have identified, read, and organized the primary sources, go to
secondary sources to refine the search and expand your argument. If the problem involves a
statute, the legislative history might suggest the legislature’s intent in passing the act and the
problem the law was intended to remedy. Historical, social, economic, and political information
can put legal arguments in their proper context and can support policy arguments.

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D. Updates

Law changes constantly. Our congress passes new statutes and modify old ones. Our supreme court
either refines the law or reaffirms the law or even changes the interpretation of the law. Consult the
Philjuris or Lex Libris to determine whether the authorities have been interpreted or altered in any way,
or whether new cases, statutes or regulation have been published.

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