LEGAL RESEARCH REVIEWER

Legal Research is the process of identifying

and retrieving information necessary to
answer a legal question.
BASIC STEPS IN CONDUCTING LEGAL
RESEARCH
1.
2.
3.
4.
5.
6.

Identify legal question

Develop outline
Frame the legal issues
Establish preliminary statement
Develop list of search terms
Gather sources (Primary, secondary,
etc.)
7. Write!
PLAGIARISM
Ateneo Law Schools Plagiarism Policies and
Disciplinary Procedures (Taken from Ateneo
Graduate School Handbook 2013)
Plagiarism is:
1. Verbatim repetition of someone elses
words without acknowledgement;
2. Presentation of someone elses ideas
without acknowledgement;
3. Paraphrasing, translating, or
summarizing someone elses ideas
without acknowledgement;
4. Improper acknowledgement of
sources, as with incomplete/imprecise
documentation;
5. Having ones work done by someone
else or having ones work substantially
revised by someone else
In the Matter of Charges of Plagiarism, etc.
Against Associate Justice Mariano C. del
Castillo (2010)
FACTS: A petition was filed by Malaya Lolas
Organization regarding Vinuya v. Romulo
case. The petitioners alleged that Del
Castillo, the ponente plagiarized 3 works and
twisted their ideas in the process:

A Fiduciary Theory of Jus Cogens by

Evan J. Criddle and Evan FoxDescent, Yale Journal of
International Law (2009);

Breaking the Silence: Rape as an

International Crime by Mark Ellis,
Case Western Reserve Journal of
International Law (2006); and

Enforcing Erga Omnes Obligations

by Christian J. Tams, Cambridge
University Press (2005).

Del Castillos defense was his decision went

through a couple of edits. His research
assistant accidentally left the citations as
they were rewriting the drafts.
ISSUE: W/N Del Castillo should be charged for
grave misconduct on account of plagiarism.
HELD: NO. Plagiarism is not applicable to
judiciary bodies. In making judicial decisions,
copying others word per word is expected as
most cases involve stare decisis. The
judiciary is not in the business of making
original works, they are expected to render
fair judgment and to do so they adapt to and
adopt the past decisions of other judges and
other writers. Plagiarism in the academe is
seen as motivated by the want to steal
others ideas to profit. In rendering
judgment, the ponente is tasked with
rendering one justly and with the right facts,
information, and research at hand. There is
no end goal of profiting or claiming originality
of words, only precise decisions for justice.
Dissenting opinions:
Justice Sereno- there is such a thing as
judicial plagiarism.
Other opinions made it clear that the
negligence was unbecoming of Justice del
Castillo. For such it is only right to punish
him.
UNETHICAL CONDUCT
Code of Professional Responsibility
Rule 1.01 - A lawyer shall not engage in
unlawful, dishonest, immoral or deceitful
conduct.
Rule 10.01 - A lawyer shall not do any
falsehood, nor consent to the doing of any in
Court; nor shall he mislead, or allow the
Court to be misled by any artifice.
Rule 10.02 - A lawyer shall not knowingly
misquote or misrepresent the contents of a
paper, the language or the argument of
opposing counsel, or the text of a decision or
authority, or knowingly cite as law a
provision already rendered inoperative by

repeal or amendment, or assert as a fact that

which has not been proved.

cases involving elections regardless of the

penalties prescribed.

Hipos v. Bay (2009)

FACTS: Hipos et. al. were accused of crimes
of rape and acts of lasciviousness. Judge Bay
convicted them. Their counsel petitioned for
a writ of mandamus compelling the judge to
dismiss the case with no grounds.

BASIC LEGAL CITATION

Citation is needed when one is:
Directly lifting a portion of work
Paraphrasing
Summarizing

ISSUE: W/N the writ of mandamus is valid

HELD: NO. It is unbecoming of the counsel to
have resorted to it. The counsel of Hipos also
plagiarized and distorted the jurisprudence
they cited for the petition.
Allied Banking Corporation v. CA (2003)
FACTS: Galanida was an assistant bank
manager for Allied Banking Corp. branch in
Cebu. He was reassigned to Bacolod City for
a lower ranking position, with less pay, and
in a smaller branch compared to his last.
Labor Arbiter ruled that it was not
insubordination and demotion because board
and lodging will be paid for and ordered that
Galanida be dismissed. Labor Arbiter also
misquoted a decision in Dosch v. NLRC,
taking sections off the syllabus to make it
appear as the words of the Supreme Court.
Counsel for petitioner also misquoted
jurisprudence.
ISSUE: W/N Galanida was validly dismissed
HELD: NO. There was no legal basis for the
dismissal.
COMELEC v. Nonay (1998)
FACTS: In a case where 2 teachers were
found guilty of partisan political activities
and violating the Omnibus Election Code.
The RTCs jurisdiction over the case was
questioned for any case involving acts
penalized with more than 6 years
imprisonment. Judge Nonay did not read the
opening sentence of Sec. 32 B.P. Blg. 129 in
rendering his decision. And Counsel was
careless in citing the name in one of the
cases (Naldeza instead of the original:
NALDOZA)
ISSUE: W/N RTCs have jurisdiction
HELD: Under 268 of Omnibus Election Code,
RTC has exclusive jurisdiction on criminal

Incumbent Constitution:
PHIL. CONST. art VII, I, 2.
*NEVER use Id for the constitution.
Exercise:
.
.
.
Repealed Constitutions:
1935 PHIL. CONST. art. I I (superseded 1971).
Exercise:
.
.
.
Codes:
An Act Revising the Penal Code and Other
Penal Laws [REVISED PENAL CODE], Act No.
3815, art. 2 (1932).
An Act to Ordain and Institute the Civil Code
of the Philippines [CIVIL CODE], Republic Act
No. 386 (1950).
*Subsequent citations:
REVISED PENAL CODE, arts. 171-173
Id.
Id. art. 180, 2.
Exercise:
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.
.
Statutes:
An Act Providing for the Recognition and Use
of Electronic Commercial and Noncommercial Transactions and Documents,
Penalties for Unlawful Use Thereof and For
Other Purposes [e-Commerce Act of 2000],
Republic Act No. 8792, 33 (2000).

Id. 2.
*Not small caps.
If it underwent amendment:
A Decree Instituting a Labor Code Thereby
Revising and Consolidating Labor and Social
Laws to Afford Protection to Labor, Promote
Employment and Human Resources
Development and Insure Industrial Peace
Based on Social Justice [LABOR CODE],
Presidential Decree No. 442, as Amended, I
(1974).

*Subsequent citations:
e-Commerce Act of 2000, 34.
Id.
B.P. Blg. 22, 3 & 5.
Id. 1,3, & 5.
Exercise:
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.