LEGRES - REVIEWER - 1 INTRODUCTION
1. INTRODUCTION the primary sources are the ​Philippine Reports​, the individually
a. Definition of Legal Research
It is the process of finding the laws, rules and regulations that govern
activities in human society. It involves locating both the laws and
rules which are enforced by the State and the commentaries which
explain or analyze these rules.
Legal Research is also defined as the investigation for information
necessary to support legal decision making. Legal Research includes
each step of a process that begins with analyzing the facts of a
problem and concludes with applying and communicating the results
of the investigation.
b. Need for Legal Research
● In order to provide a competent representation
which requires the legal knowledge, skill,
thoroughness and preparation reasonably
necessary for the representation.
● To uphold the standards of the legal profession
● In order to become a competent practitioner
In order to conduct legal research effectively, a lawyer should have:
● a working knowledge of the nature of legal rules
and legal institutions;
● the fundamental tools of legal research; and
● the process of devising and implementing a
coherent and effective research design.
c. Legal Authority
Authority that will aid in finding a solution to a legal problem.
● Sources
1. Primary Legal Authority
Authorized statements of law issued by governmental bodies; the law
itself. Those published by the issuing agency itself or the 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,
mimeographed Advance Supreme Court decisions (discontinued by
the Supreme Court effective January 2009) and the ​Official Gazette​.
Publication of Supreme Court decisions in the ​Official Gazette​ is
selective. Complete court reports for Supreme Court decisions from
1901 to the present can be found in the​Philippine Reports​. It is
mandatory. They are:
➢ Constitution and statutes (Legislative Branch)
➢ Cases (Judicial Branch)
➢ Treaties, Executive Orders, Administrative Rules and
Regulations, Ordinances (Executive Branch)
2. Secondary Legal Authority
Description of, or commentary on, the law. It interprets, analyzes, or
compiles the law. It is persuasive, hence the court may only consider
it. These include:
➢ Law review Articles, Treatises
➢ Restatements of the Law
➢ Legal Encyclopedia
● Binding Effects
1. Binding/Mandatory
When it comes from the decisions of Supreme Court and it is the ratio
decidendi of the case.
2. Persuasive
If the dicta comes from a respected justice, it may be persuasive to
the Court. Persuasive authority can come from decisions of appellate
courts in other jurisdictions.
● Stare Decisis
Stare decisis is a legal doctrine that obligates courts to follow
historical cases when making a ruling on a similar case. Stare decisis
ensures that cases with similar scenarios and facts are approached in
the same way. Simply put, it binds courts to follow legal precedents
set by previous decisions.
LEGRES - REVIEWER - 1 INTRODUCTION
Stare decisis is a Latin term meaning "to stand by that which is 2 Sub-categories:
decided." Bar​ - a losing ​plaintiff c​ annot re-sue a winning ​defendant ​on the same
cause of action
● Pact Sunt Servanda example: Plaintiff P sues Defendant D on Cause of Action C, but P
Pacta sunt servanda​ (​Latin​ for "agreements must be kept"), a loses. P may not try for better luck by initiating a new lawsuit against
brocard​, is a basic principle of ​civil law​, ​canon law​, and ​international D on C.
law​. Merger​ - a winning plaintiff cannot re-sue a losing defendant on the
In its most common sense, the principle refers to private ​contracts​, same cause of action
stressing that contained ​clauses​ are ​law​ between the parties, and
example: Plaintiff P successfully sues Defendant D on Cause of
implies that nonfulfillment of respective obligations is a breach of the
Action C. P may not again sue D on C to try to recover more
pact.
damages​.
The pacta sunt servanda rule has become part of the law of the land
through the incorporation clause found under Section 2, Article II of d. Hierarchy of Laws
the 1987 Philippine Constitution, which states that the Philippines 1. Constitution
"adopts the generally accepted principles of international law as part 2. National Laws - Statutes (Legislative Enactments)
of the law of the land and adheres to the policy of peace, equality, 3. International Laws
justice, freedom, cooperation, and amity with all nations." 4. Administrative Rules and Regulations
5. Ordinances
e. Sources of Legal Research
● Res Judicata
Legal research involves the use of a variety of printed and electronic
Res judicata literally means "a matter adjudged; a thing judicially sources.
acted upon or decided; a thing or matter settled by judgment." It also ● Printed sources:
refers to the "rule that a final judgment or decree on the merits by a · Constitution
court of competent jurisdiction is conclusive of the rights of the parties · Statutes
or their privies in all later suits on points and matters determined in the · Court decisions
former suit. It rests on the principle that parties should not to be · Administrative rules
permitted to litigate the same issue more than once; that, when a right · Scholarly commentaries
● Computer databases containing these and other materials have
or fact has been judicially tried and determined by a court of
dramatically changed the nature of legal research and improved
competent jurisdiction, or an opportunity for such trial has been given,
its effectiveness.
the judgment of the court, so long as it remains unreversed, should be
conclusive upon the parties and those in privity with them in law or
estate.