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Basic Information for Legal Research in the Philippines (Summary)

B. Spanish Period
I. Historical Evolution of PH law - An overview ● The Spanish time lasted for 377 years (from when Magellan discovered the
● Pre-Spanish period (ante 1521) PH until 1898 after the Battle of Manila Bay)
● Spanish regime (1521-1898) ● Spain initially ruled the PH from Mexico thru the Council of Indies in Spain
● American period (1891-1946) ○ The Council exercised executive, legislative, and judicial powers
● Japanese Occupation (1941-1944) ● The King of Spain used royal decrees to exercise legislative power over the
● PH Republic (1946-1972) colonies
● Martial law period (1972-1986) ○ In addition to these were laws with general application, such as:
● Present ■ Fuero Jusgo
■ Fuero Real
A. Pre-Spanish period ■ Las Sietes Partidas
● Refers to the time before Ferdinand Magellan set foot in PH soil (March 16, ■ Las Leyes de las Indias
1521) ■ La Novisima Recopilacion
○ Discovery of the PH was 1480-1521 ● During the last 50 yrs of Spanish rule, Spain extended the application of
● Indonesian and Malay migrants set up barangays in the rich deltas of the new codes + statutes to the PH
PH archipelago ○ Civil Code 1889
○ Each barangay was an independent and self-sustaining political ○ Code of Commerce 1885
unit ○ Penal Code 1870
○ Barangay head - datu ○ Code of Civil Procedure 1853
○ Barangay groupings were under a higher chief called the rajah ○ Mortgage Law 1861
● Early Filipino chiefs made laws upon consultation with lesser chiefs ○ Notarial Law 1862
○ Most laws were unwritten (word of mouth from generation to ○ Marriage law 1870
generation), and eventually evolved to native customs and ○ Code of Criminal Procedure 1882
traditions ● May 5 1583: the Royal Audiencia was est. in Manila until the end of the
■ This is called customary law Spanish regime in 1898
● Relics of Pre-Spanish written laws: ○ The Audiencia was not an exact model of the present SC
○ Code of Kalantiaw ● During the fight for PH independence against Spain, the provisional
○ Maragtas Code revolutionary gov’t would issue decrees, orders, and proclamations to
● Barangays administered their own brand of justice govern it’s habitant’s conduct
○ The datu (assisted by community elders) presided over the court ○ Leaders would make diff. Drafts of constitutions
○ Cases were settled through mediation, but if the parties could not ■ The most significant of these was the Malolos
agree, a public hearing was held Constitution
○ Witnesses took their oaths + parties were bound to abide by the ● Malolos Constitution
council’s decision, which was final ○ est. the short-lived PH Republic
○ The procedure in resolving controversies is the idea behind the ○ Provided for a trinity of powers (w/ the executive power in the hands
present Katarungang Pambaranggay Law of one person)
■ Compels barangay residents to enter first into conciliation ○ Legislative power -> in a representative body
before they can file action in court ○ Judicial power -> lodged in the SC and lower courts
■ Shared the legislative function with the PH Commission
C. American Period ○The PH Commission was the upper chamber, while the PH
● Started with the cession of the PH to the U.S. (formalized in the Treaty of Assembly was the lower chamber
Paris signed on Dec. 10, 1898) ○ The PH Commission enacted Act No. 136 or the Judiciary Act of
○ This cession saw the evolution of the law making process under a 1901, w/c created a three-level court system w/ the SC as the
constitutional gov’t highest court.
● The Consti of the US was never formally extended to the PH ■ The PH Autonomy Act of 1916 (or Jones Law) further
● The organic acts that defined the structure + organization of the PH gov’t changed the structure of the gov’t
were: ■ It vested the general legislative powers in a legislature
○ Instructions of Pres. William McKinley to the PH Commission of (Apr composed of two houses (Senate + HoR)
7 1900) ● Commonwealth gov’t
○ Act of Congress (July 1 1902) ○ The Tydings-McDuffie Law provided for a 10 yr transition period
○ PH Bill of 1902 (aka the Cooperatives Act) to the grant of independence
○ Act of Congress of Aug 29 1916 (PH Autonomy Act) (aka the Jones ■ Empowered the Filipinos to formulate their own Consti
Law) ○ The Consti was drafted + approved by a constitutional convention
○ PH Independence Act of 1934 (Tydings-McDuffie Law) on Feb 19 1935
● Military gov’t ■ After being signed by US Pres. Franklin Roosevelt, it was
○ From Aug 1898 to Sept 1900, the military governor exercised all ratified by the Filipino people on May 14 1935
the gov’t powers in the Islands (inc. legislative power) ○ A presidential form of gov’t when the Consti was amended in 1940,
○ The PH Commission later assumed the legislative functions of the composed of a Senate + HoR
military governor (this paved the way for a dichotomous civil + ○ Judicial power was vested in one SC and other inferior courts, but
military gov’t), with him exercising executive power + the the Nat’l Assembly enacted Commonwealth Act No.3 w/c created
Commision for the legislative power the Court of Appeals
○ For judicial power, the military governor organized military ■ This relieved the SC of minor cases/ gave it more time to
commissions + courts, and suspended the civil jurisdiction of the consider the more important ones
Audiencia de Manila + other local minor courts
■ Later, General Order No.20 re-est. The Audiencia, court of D. Japanese Period
first instance, and justice of the peace courts ● A hiatus in the Commonwealth period occurred when the Japanese Imperial
○ Legislation during the military period came down in the form of Forces occupied the PH for 3 yrs (After American successfully liberated the
General Orders islands)
● Civil gov’t ● During the 3 yr rule, a 1943 Consti was drafted + ratified by a special
○ July 4 1901: the Spooner Amendment abolished the position of national convention
Military Governor + transferred the executive power to the ○ This led to the short-lived Japanese sponsored republic
Chairman of the PH Commission (who acted as the Civil Governor) ● Exec power was held by PH president Jose P. Laurel
■ This made the gov’t structure parliamentary in form ● Legislative power was held by the Japanese sponsored Executive
○ The Civil Governor also took active part in lawmaking Commission
○ The PH Commission, whose members were cabinet secretaries, ○ This restored the SC, CA, Courts of First Instance, and the
was the lawmaking body municipal and justice of the peace courts
○ A PH Assembly was created after the passage of the PH Bill of 1902
● During the Jap Occupation, the Commonwealth functioned in Washington A. Sources of Law
DC ● The 3 branches of the PH gov’t have diff. Roles in the law-making process
● These roles and the interplay balance the law-making power, w/ each
E. PH Republic branch checking the law-making power of the two
● July 4 1946: when PH was inaugurated as a Republic
○ The PC continued w/ the American style of presidential form of gov’t B. Structure of Gov’t
(in accord w/ the 1935 Consti [organic law]) ● The gov’t of the PH is republican in form + under a presidential system
○ The basic powers of gov’t were distributed among the exec, leg, ○ It is also unitary + centralized w/ the principle of separation of
and jud powers
● The PH Republic except that w/ the declaration of Martial Law ● In the exercise of functions allotted to Exec, Leg, and Jud departments
○ During this period, the 1973 Consti was in effect (under the 1987 Consti), each dept. Is supreme, coordinate, and coequal w/
■ It est/ a parliamentary form of gov’t (w/c was never the others
implemented) + merger of exec and leg powers ● Executive Department
● The 1973 Consti was amended in 1980 + 1981 ○ The Consti vests the exec power in a Pres who:
● ML was lifted on Jan 17, 1981 + military tribunals were abolished by ■ has control of all exec departments, bureaus and offices
Proclamation No. 2045 ■ Exercises general supervision over local gov’ts
● June 16 1981: presidential election was held and Marcos was re-elected :( ■ Ensures laws are faithfully executed
○ He proclaimed the birth of the Fourth Republic under the New ○ The Consti also:
Constitution ■ invests the President with powers of Commander-in-Chief
● Aug 21 1983: former Senator Benigno Aquino was assassinated and an of all armed forces of the Philippines
economic crisis ensued ■ empowers this office (under certain circumstances and
● May 14 1984: elections for the congressional seats in the Batasang conditions) to suspend the privilege of the writ of habeas
Pambansa was held corpus or place the Philippines under martial law for a
● July 24 1984: the legislature convened limited period
● Nov 3 1985: Marcos announced the calling of a special presidential election ○ Note: A state of martial law does NOT:
(w/c paved the way for the ouster of Marcos after the 4 day “People Power” ■ suspend the operation of the Constitution
revolution on Feb 25 1986) ■ supplant the functioning of the civil courts or legislative
● Cory Aquino then took her oath as Pres assemblies
○ During her administration, a Constitutional Commission was ■ authorize the conferment of jurisdiction on military courts
constituted w/c drafted the 1987 Consti) and agencies over civilians (where civil courts are able to
■ The 1987 Consti deals primarily with function)
● Social justice ■ automatically suspend the privilege of the writ
● National economy ● Suspension of this privilege applies ONLY to those
● Family rights judicially charged for rebellion OR offenses
● Education + human resources inherent/ directly connected w/ invasion
● Commission on Human Rights ○ Other presidential powers:
● Autonomous regions ■ authority to nominate and appoint (w/ the consent of the
Commission on Appointments) the heads of the executive
II. Sources and Classification of Law departments, ambassadors, other public ministers and
consuls, or officers of the armed forces from the rank of ○ Congress convenes once a year on the fourth Monday of July for
colonel or naval captain, and other officers whose its regular session (UNLESS a different date is fixed by law)
appointments are vested in the Presidency under the ■ It continues to be in session for such number of days as it
may determine until thirty days before the opening of its
Constitution and by law
next regular session
■ authority to contract/ guarantee foreign loans on behalf of ○ Each House:
the Republic ONLY with the prior concurrence of the ■ By a majority, will vote its respective members to elect the
Monetary Board (and subject to such limitations as may be Senate Pres and the Speaker + other officers
provided by law) ■ determine its rules of procedure + punish its members for
■ power to grant reprieves, commutations and pardons, and disorderly behavior
remit fines and forfeitures, after conviction by final judgment ■ have an Electoral Tribunal composed of nine members:
● 3 are SC justices (designated by the CJ), w/ the
EXCEPT in cases of impeachment
senior justice as the Chairman
■ power to grant amnesty with the concurrence of the majority ● 6 are members of the Senate or House
of all the Members of the Congress ■ Commission on Appointments
○ The Pres also participates in the legislative process (approves or ● Consti has revived this
vetoes a bill passed by Congress) ● constituted under the 1935 Constitution to consider
■ In case of veto, the bill still becomes law if ⅔ of all Members the nominations made by the Pres to the more
of each House reconsider and approve said bill important positions in the gov’t
● Composed of
○ Both P and VP are elected by direct vote of the people for a term
○ Senate Pres as ex officio chairman
of six years ○ 12 Senators
■ President shall not be eligible for any reelection ○ 12 Members of HoR
■ Vice-President shall serve for not more than two ○ Judicial Department
successive terms ■ Consists of a hierarchy of courts with the SC at the apex
○ In case of death, permanent disability, removal from office, or ■ Other courts:
resignation of P during his term, VP shall become P to serve the ● Court of Appeals
unexpired term ● Regional Trial Courts
■ If no P or VP, the Senate Pres (or in case of his inability, ● Metropolitan Trial Courts
Speaker of the HoR) then acts as P or VP until the P or VP ● Municipal Trial Courts Municipal Circuit Trial
becomes elected and qualified Courts
● Legislative Department ● For Muslims: shari’a circuit and shari’a district
○ Leg power is vested in the Congress of the Philippines courts
■ a bicameral body composed of the Senate and House of ● Special courts:
Representatives (except to the extent reserved to the ○ Court of Tax appeals
people by the provision on initiative and referendum) ○ Sandiganbayan
○ Senate ■ SC composition (sit en banc or in division):
■ composed of twenty-four Senators who are elected at large ● Chief Justice
■ Term is six years ● 14 Associate Justices
■ Cannot serve more than two consecutive terms ■ Cases hear + decided en banc are those:
○ House of Representatives ● involving the constitutionality of a treaty, executive
■ at most two hundred and fifty members agreement, or law
■ 20% of which are elected through the party-list system + ● such cases as required under the Rules of Court
from the sectors for the first three terms ○ including those involving the
● the rest are elected by legislative district constitutionality, application, or operation
of presidential decrees, proclamations, ■ SC also has the power to promulgate rules concerning the
orders, instructions, ordinances, and other protection and enforcement of constitutional rights,
regulations pleadings, practice and procedure in all courts, admission
■ The cases above are to be decided with the concurrence of to the practice of law, the Integrated Bar, and legal
a majority of the Members who actually took part in the assistance to the underprivileged
deliberations on the issues in the case and voted thereon ■ SC exercises admin supervision over all courts and their
■ Cases or matters heard by a division are decided with the personnel + has the power to discipline judges of lower
concurrence of majority of the Members who actually took courts, or order their dismissal
part in the deliberations on the issues of the case and voted
thereon C. Classification of Law
● And in no case, w/o the concurrence of at least ● As mentioned earlier, the ELJ branches of the gov’t are the three main
three of such Members sources of law
● If required # isn’t obtained, cases are decided en ○ Such as statutes, judicial opinions, and admin regulations +
banc adjudications
■ Note: No doctrine or principle of law laid down by the Court ● The two main classifications of law consists of statutes (legislation) and
in a decision rendered en banc or in division may be judicial opinions (decisions) which we call STATUTE LAW and CASE LAW,
modified or reversed except by the Court sitting en banc respectively
■ Consti: SC exercises original jurisdiction over:
● cases affecting ambassadors, other public III. Research in Statute Law
ministers and consuls A. Concept, Scope, and Classification of Statute Law
● petitions for certiorari, prohibition, mandamus, quo ● Statute law - rules enunciated and declared by the competent authorities for
warranto, and habeas corpus. the governance of the community
■ SC has the power to: ○ embraces the enactment of the legislative department of the
● review and revise, reverse, modify or affirm on government + rules and regulations w/c have the force and effect
appeal or certiorari (as the law or the Rules of Court of law
may provide) final judgments and decrees of ● Statute Law can be classified into:
inferior courts in: ○ conventional legislation - all enactments by national or local
○ all cases in which the constitutionality or legislative bodies, or in which they may have participated
validity of any treaty, international or ○ subordinate legislation - all rules and orders, issued pursuant to law
executive agreement, law, presidential by administrative and judicial agencies
decree, proclamation, order, instruction, ● Statute law can also be divided in a broad sense:
ordinance, or regulation is in question ○ external legislation/ rules of general application
○ all cases involving the legality of any tax, ○ affecting order and procedure in a community
impost, assessment, or toll or any penalty ○ internal legislation/rules of restricted application
imposed in relation thereto ○ affecting order and procedure among members of a legislative,
○ All cases in which the jurisdiction of any judicial or administrative office
lower court is in issue ● Classes of statute law:
○ all criminal cases in which the penalty ○ Constitution
imposed is reclusion perpetua or higher ○ treaties and other international agreements
○ all cases in which only an error or question ○ statutes proper
of law is involved ○ presidential issuances
■ The SC (en banc) is the sole judge of all contests relating ○ administrative rules and regulations
to the election, returns, and qualifications of the President ○ charters of local government units (LGU’s)
or Vice-President, and may promulgate its rules for the ○ legislations of local government units (LGU’s)
purpose. ○ tribunal/court rules and legislative rules
Congress and those approved by the Batasang Pambansa
B. Statute Law Materials + by the HoR and Senate
● Constitution ○ From the est of the American civil gov’t, there were 4,275 laws
○ written instrument by w/c the fundamental powers of the known as Acts
government are established, limited, and defined ■ Passed by the PH Commission and, later, the PH
■ those powers are distributed among the several legislature
departments for their safe + useful exercise for the benefit ○ The Commonwealth period had 733 statutes called
of the body politics Commonwealth Acts
○ Highest primary authority (since they are the Charters adopted by ○ 6,635 Republic Acts were legislated from 1946 to 1972 (when
the people) Martial Law was imposed)
○ The official text of the PH Consti of 1935 is found as Appendix in ○ Laws promulgated by the Batasang Pambansa are referred as
Vol. 30 of Public Laws of the Philippines + in vol. 34 of the Official Batas Pambansa
Gazette ■ total of 891 Batas Pambansa passed
○ Proceedings of the 1934 Constitutional Convention can be found in ○ The last enactment by Congress is RA 9182 (dated Jan 10 2003)
the SC library ○ Official Gazette - official repository of laws passed by Congress
○ Exhaustive annotations to the 1935 Consti are contained in vols. 1 ■ Published currently by the National Printing Office
and 2 of the Philippine Annotated Laws ■ EO 200: provides that newspapers of general circulation
■ The annotations consist mainly of decisions of the SC that are official repositories of law
interpreted and applied the provisions of the Consti Summary of enactments by PH Legislature
○ The official text of the 1973 Consti was promulgated in English and ○ In leg res, it is important to ascertain the deliberations on the
Pilipino passage of a bill, since legislation is sometimes ambiguous and
■ In case of conflict, the English text prevails
■ Both English and Pilipino texts appeared in the Official
Gazette
○ UP Law Center 1970 Constitutional Revision Project - contains the
studies + discussions were considered in the revision of the 1935
Consti
● Treaties and Other International Agreements
○ Treaty - agreement or contract between two or more nations/
sovereigns
■ entered into by agents appointed for the purpose + duly
sanctioned by the Supreme powers of the respective
parties
■ May be bilateral or multilateral
○ Executive agreements - may or may not have legislative
authorization + are limited in execution only by consti restrictions
○ Treaties + other int’l agreements are published in The Lawyers
Review, International Law Documents
● Statutes Proper
○ Statute - act of legislature as an organized body
■ passed acc to the procedure required to constitute it as part
of the law of the land
■ Includes laws promulgated by the Philippine Commission
and the Philippine Legislature, those passed during the
Commonwealth period, those enacted by the Philippine
■ Records all actions taken on all bills + resolutions
introduced during the regular and special sessions of both
Houses
● Presidential Issuances
○ During martial law, the Pres was empowered by the Consti to rule
+ govern by Presidential issuances
■ Included:
● Presidential Decrees (2036)
● General Orders
● Letter of Instructions (1525)
● Executive Orders (1093)
● Proclamations (2489)
● Memorandum Orders (832)
● Memorandum Circulars (1297)
● Letters of Implementation (157)
● Letters of Authority
○ Usually, admin orders are confined to the exercise by the Pres of
his power in deciding administrative cases
● Administrative Rules and Regulations
○ Various departments, bureaus, and other offices have been est. to
assist the Pres. in the performance of his exec functions
○ Head of the Department and Head of Bureaus and other agencies
■ authorized to issue orders, rules and regulations for the
enforcement of the laws within their respective jurisdiction
○ Before the effectivity of the Admin Code of 1987 these orders, rules
and regulations are usually published in the Official Gazette
○ When the Admin Code of 1987 was effective, governmental +
departmental orders, rules and regulations must be filed with the
(ONAR) at the UP Law Center + published in the National
Administrative Register
○ Office of National Administrative Register (ONAR)
contain omissions
■ publish this quarterly register
■ There are some instances when it is necessary to ascertain ■ keep an up-to-date codification of all rules thus published
the legislative body’s intent when passing legislations and remaining in effect
○ Legislative history includes: ■ may omit from the bulletin or codification any rule if its
■ sponsorship speeches
publication would be unduly cumbersome or expensive but
■ legislative hearings
copies of that rule are available to the agency which
■ Debates
adopted it
■ Reports ● the bulletin must contain a notice stating the
■ earlier drafts of the final bills general subject matter of the omitted rule and how
○ To get a statutes leg history, the Senate and HoR publishes its copies may be obtained
respective Congressional Records + Congressional Journals
○ Note: every rule est. an offense/ defining an act (w/c is punishable
■ These contain the proceedings of each chamber
as a crime or subject to a penalty MUST be published in full text)
○ History of Bills and Resolutions - traces the legislative history of an ○ All gov’t agencies are required to file their rules and regulations with
enactment the ONAR
■ Exceptions: Congress, the Judiciary, the Constitutional first adopted when the PH Assembly was created under the PH Bill
Commissions, military establishments in all matters relative of 1902
exclusively to Armed Forces personnel, the Board of ○ Old Congress has separate rules for both chambers, and also rules
Pardons and Parole, and state universities and colleges applicable for both
● Charters of Local Government Units (LGU’s) ○ Present Congress also has it’s own separate rules
○ What constitutes the LGU’s charter? ■ Includes the Rules in Aid of Legislation, Rules on
■ Laws under w/c a city/ town/ other municipal corporation Impeachment Proceedings, etc.
exercises its privileges, perform its duties, and discharges
its obligations, + all matters in which it has a direct interest C. Citation of Statute Law
and a right to regulate and control Constitution
■ Two main classes of charter: ● cited by reference to article, section and paragraph. When the Constitution
● Created by statute is no longer in force, put the year in parenthesis
● Created and adopted by the voters of a city or town ○ Examples
by constitutional authorization ■ CONST. (1935), art. III, sec. 1, par. (3).
● Legislations of Local Government Units (LGU’s) ■ CONST. Art. VII.
○ Basic local gov’t units: Session laws
■ Provinces ● Citation of source is not required but may be added. Reference to section,
■ Cities article or paragraph should follow and not precede the main citation if the
■ Municipalities citation is in the footnote.
■ Barangays ○ Public Laws, 1900 to 1934.
○ Each of these units has lawmaking powers to pass “ordinances” ■ Cite as: Act No.________ (year of effectivity), volume
■ Of local use only Public Laws page. Example: Act No. 1160 (1904), art. 3.
○ Local legislative powers are exercised: ○ Commonwealth Acts, 1935-1945. Cite as: Com. Act No._______
■ sangguniang panlalawigan - for the province (year of effectivity), volume Public Laws Com. Page. Example:
■ sangguniang panlunsod - for the city Com. Act No. 52 (1936), sec. 2 (b).
■ sangguniang barangay - for the barangay ○ Presidential Decrees, September 21, 1972 to February 20, 1986.
○ Each sanggunian keeps a journal and record of its proceedings Cite as: Batas Blg. ____ (year of effectivity), volume VITAL DOCS.
○ No statute books containing resolutions of provincial boards page. Example: Pres. Decree No. 603 (1975) .
○ Municipal legislation is recorded in a journal ○ Batas Pambansa July 23, 1984 to February 1, 1986. Cite as: Batas
○ Municipal ordinances + resolutions are promulgated by posting Blg. ____ (year of effectivity), volume ACTS & RES. page. Example:
them at the main entrance of the municipal/ barangay hall Batas Blg. 80 (1981), ACTS & RES., 1980-81, 1-30
■ Text used is in both Filipino and English, as well as the ○ Executive Orders, February 23, 1986 to July 26, 1987. Cite as:
language/ dialect used by the majority of the LGU Exec. Order No. _____ (year) Example: Exec. Order No. 329
concerned (1950), 46 O.G. 2035 (July 1950)
■ Gist of ordinances with penal sanctions is published in a ○ Republic Acts 1946 to 1972; July 27, 1987 to date. Cite as: Rep.
newspaper of general circulation Act No. ____ (year of effectivity), Volume LAWS& RES. page.
● Tribunal/ Court Rules Example: Rep. Act No. 1792 (1957), sec. 4.
○ internal rules of a court /agency w/ quasi-judicial powers Codes
○ govern practice and procedure for the parties who come before the ● General rule: cite the name of the particular code, article number or section
courts of tribunals number (if any) without any indication of date
○ July 1940: SC promulgated rules concerning pleading, practice + ○ But! when the code is no longer in force or has been subsequently
procedure in all courts of the PH and in the admission to the practice revised, put the year of effectivity in parenthesis
of law ○ Examples:
● Legislative Rules ■ CIVIL CODE, art. 297
○ Rules of procedure for the internal order of law-making bodies were ■ CIVIL CODE (1889), art. 67.
○ The effectivity date/ date of entry into force can be given
Bills, Resolutions, and Committee Reports parenthetically at the end of the citation. Shorten the title of the cited
● Congress of the PH (1946-1972; 1987) agreement by substituting “with” for “Between the Republic of the
○ House where the bill, resolution or committee reports originated, Philippines and, “. Give the source of the text of the treaty
serial report number, the Congress, session, and year in ○ Example:
parenthesis. ■ Treaty of Friendship with India, July 11, 1952 (1953), II-2
■ For committee reports, give the name of the committee DFATS 1, 2 P. T. S. 797, 203 U. N. T. S. 73.
■ Examples: ○ Treaty Sources, cite as:
● No. 5, 6th Cong. 1st Sess. (1966) ■ Department of Foreign Affairs Treaty Series
● H. No. 15085, 5th Cong., 4th Sess. (1965). ● D. F. A. T. S.
● S. Res. 1, 4th Cong., 1st Session. (1958). ■ Philippine Treaty Series
● H. Res. 2, 6th Cong., 3rd Sess. (1966). ● P. T. S.
● Comm. on National Defense and Security, H. ■ League of Nations Treaty Series
Rpt.28, 5th Cong., 1st Sess. (1962 ● L. N. T. S.
● Batasang Pambansa 1978-1986 ■ United Nations Treaty Series
○ Origin of bill, bill number, the number of the Batasan, number of the ● U. N. T. S.
session and the year in parenthesis. ■ Treaties and Other International Series
■ Examples: ● T. I. A. S.
● P.B. No. 2878, 2st Batasan, 5th Sess. (1983) ■ United States Treaties and Other International Agreements
● C.B. No. 54, 1st Batasan, 5th Sess. (1983) ● U. S. T.
○ For Committee reports, cite the name of the of Committees, Serial
report number, number of Batasan, number of the session and the Presidential Acts
year in parenthesis ● Presidential acts are cited in the following manner, giving the source of
■ Example: publications
● Committee on Civil Service Rpt. 545, 1st Batasan, ○ Executive Orders
5th Sess. (1983) ■ Cite as: Exec. Order No. _____________ (year).
○ For unofficial collection of statutes, cite by volume, title or ■ Example:
abbreviated citation as indicated by the publisher, page ● Exec Order No. 329 (1950), 46 O.G. 2035 (July,
■ Example: 1950).
● III C. P. S. 586 ○ Proclamations
○ Some unofficial Philippine Compilations, cite as: ■ Cite as: Proc. No. ______________ (year).
■ Commonwealth Acts Annotated ■ Example:
● Com. A.A. ● Proc. No. 784 (1961), 57 O.G. 7122 (September,
■ Philippine Annotated Laws 1961).
● P. A. L. ○ Administrative Orders
■ Compilation of Permanent Statutes (Philippine Permanent ■ Cite as: Adm. Order No. __________ (year).
and General Statutes) ■ Example:
● C. P. S. / PPGS ● Adm. Order No. 21 (1966), 62 O.G. 7194 (October,
■ Public Laws Annotated 1966).
● Pub. L.A. Presidential Acts Under Martial Law:
■ Vital Legal Documents ○ General Orders
● V.L.D. ■ Cite as: Gen. Order No. ___________ (year).
■ Example: Gen. Order No. 39 (1972).
Treaties and Other International Agreements ○ e. Letters of Instructions
● Cite the name of the agreement and the exact date of signature by the PH ■ Cite as: L. O. I. No. ___________ (year).
■ Example: L. O. I. No. 230 (1972). IV. Research in Case Laws
○ f. Letters of Implementation A. Concept, Scope, and Classification of Case Law
■ Cite as: L. O. Impl. No. _________ (year). ● Case Law - refers to a great class of official literary manifestations of law
■ Example: L. O. Impl. No. 5 (1972).
made up of cases decided by persons and agencies of the government
○ g. Letters of Authority
■ Cite as: L. O. A. No. __________ (year). performing judicial and quasi-judicial functions.
■ Example: L. O. A. No. 1 (1972). ○ Judicial decisions - provide the second important set of rules, which
have the force and effect of law consisting of those legal principles
Opinions of the Secretary Of Justice emanating from the decision of courts of justice.
● Cite as: Sec. Of Justice Op. No. ___________, s. (year). ● Case law may be divided into:
● Example: ○ Conventional Decisions - decisions which emanates from regularly
○ Sec. Of Justice Op. No. 271, s. 1982.
or specially constituted courts of justice.
Administrative Rules and Regulations ○ Subordinate Decisions - decisions made in accordance with law, by
● Rules and Regulations promulgated by administrative agencies are cited by administrative and legislative tribunals.
name of agency (where there is an abbreviation for the agency, use ● Case law is classified as follows:
abbreviation or acronym) + the designation employed in the rules ● decisions of regular courts of justice
(“administrative order “, “order”, “circular” “bulletin”, “rules and regulations”, ● decisions of special courts of justice
etc.), serial number, and year of promulgation in parenthesis. ● decisions of administrative tribunals
● The designation “Rules and Regulations” is abbreviated as “Rules & Reg.”
● decisions of legislative tribunals
Or “reg.” Followed by a reference to section or paragraph. Where the
promulgating agency is a Department, indicate, where appropriate, the ● rulings of board and commissions
implementing bureau or office. ● rulings of administrative officers
○ Examples: ● opinions of legal officers of the government
■ DCI (Cooperatives) Adm. O. No. I (1963)
■ DNR (Forestry) Adm. O. No. 26 (1976)
■ Labor Employment Service Reg. No. 3 (1966)

Ordinances B. The Philippine Court System


● Cite provincial and city ordinances in the following manner: Name of the ● Under the 1987 Constitution of the Philippines in Article VIII, Section 1, the
municipal or provincial Unit, serial number of ordinance, and date of judicial power is vested in one Supreme Court and such lower courts as may
adoption. be established by law
○ Example: ○ Appendix II Shows the courts in the Philippines as established by
■ Manila Ordinance 6120, Jan. 26, 1967. the Judiciary Reorganization Act of 1980 as amended.

Court Rules C. Case Law Materials


● Rules of Court is cited as a code. When the rules are no longer in force, add ❖ Conventional Decisions
year of effectivity in parenthesis.
○ Examples: ● Decisions of the Supreme Court
■ RULES OF COURT, Rule 130, sec. 2, par. (a). ■ When the Supreme Court renders a decision, a written
■ RULES OF COURT (1940), Rule 19, sec. 7, par. (b). opinion or memorandum exemplifying the ground, and
scope of the judgment of the court shall be filed with the
Clerk of Court and shall be recorded by him in an opinion ■ as soon as there are about 750 pages of the decisions
book; published in the OG, the Reporter gathers them and
■ When the court shall deem a decision to be of sufficient publishes them in the Philippine Reports.
importance to necessitate publication, the Clerk shall ○ Decisions of the SC during the Japanese
furnish a certified copy of the decision to the Reporter. Occupation were not preserved completely
■ The Reporter prepares and publishes with each reported (Some decisions are found in Volumes 73
decision a concise synopsis of the facts necessary to clear - 74 of the PH Reports)
understanding of the case, stating the names of counsel, ○ After the war, it resumed the printing of
together with the material points raised and determined, Volume 75 - 110, which covered the
citing each case, which shall be confined as near as decision promulgated from Nov 23, 1962
possible to points of flow decided by the courts on the facts to Jan 31, 1961.
of the case without necessity of reciting the facts. ○ Philippine Reports (REPRINTS) - Reports were reprinted due to the
destruction of libraries and reserved copies of the Philippine
● Official Repositories of Decisions of the Supreme Court Reports in the Bureau of Printing during the war.
○ A law report that is official is printed under the supervision of an ■ SC entrusted the Undertaking to the Lawyers’ Cooperative
authorized government agency. Publishing Co., Which by photo-offset process, reprinted
○ The decisions of the Supreme Court appear in three publications, the first 74 volumes of the PH Reports.
namely: ○ Jurisprudencia Filipina - Spanish edition of the PH Reports, also
● Advance Sheets printed by the Bureau of Printing.
● Official Gazette ■ It is arranged in the same order as that of the PH Reports,
● Philippine Reports each volume containing the same case as published in the
○ Advance Sheets - As soon as decisions of the supreme court corresponding volume of the PH Reports.
become final they are published in advance sheets in ■ Its publication was discontinued during the war to the
mimeographed or PHOTOCOPIED form. They are made available present.
to the bench and the bar at the earliest date possible much earlier
than their publication in the Official Gazette.
● Unofficial Reporting of SC Decisions
○ Official Gazette - Is an official publication of the government printed ○ Philippine Decisions - Unofficial law reporting in the PH is
by the National Printing Office. exemplified by the publication known as Philippine Decisions.
■ Decisions of the Supreme Court are published under the ■ Which selected the leading cases reported in Vols. 1 to 54
section “Decisions of the Supreme Court” of the PH Reports and collected them in 10 volumes.
■ ALL decisions of the SC were published in the O.G. ■ Served as an economical unit of the Reports.
Although at present, not all are found in the O.G because ○ Philippine Reports Annotated - A private publication in 33 volumes
of the volume of the decisions promulgated by the SC. corresponding the volumes 1 to 33 of the PH Reports.
○ Philippine Reports - Decisions of the Supreme Court from August ■ The cases reported are annotated by the publisher with
8, 1901 are published in the Philippine Reports, printed by the legal principles from cases subsequently decided by the
National Printing Office. court, bearing on the points of law enunciated in the case
■ Decisions are arranged according to the date of their reported
promulgation
● With the use of this annotated edition, the ■ the decision of SC each month are compiled in one volume
researcher is informed whether the decisions has under the editorship of Atty Jose N. Nolledo and published
been cited in a subsequent decision and whether by the National Book Store.
such subsequent decision as adopted or overruled ■ decisions of the SC are published according to date of their
the legal principle in the earlier decision. promulgation.
○ Philippine Reports Annotated (Central) - Central Book Supply ■ the Table of Contents lists all the cases promulgated each
publishes this PRA. month; arranged according to the dates of promulgation:
■ It hopes to republish and annotate SC decisions from 1901 ● stating the “G.R. Number” date of promulgation,
to January 31, 1961 totaling 110 volumes. ● title of the case and the ponente, and
○ Supreme Court Reports Annotated (SCRA) - is the Leading private ● corresponding page in the volume where each
publication at present of SC decisions. case may be found.
■ Central Lawbook Publishing Co., and the Book SUpply Inc., ■ Each decision is published in FULL and is preceded by an
Containing all the decisions of the SC starting with the year expertly prepared syllabus. At the end of each volume is a
1961, published it. It has now 363 volumes, the latest subject index.
containing SC decisions decided in 2001. ○ Philippine Law and Jurisprudence (PHILAJUR) - publication started
● each volume contains a table of cases reportedly in Nov 1977 reporting both law and jurisprudence,
arranged in alphabetical order with the page ■ Publisher: Current Events Digest Inc.
number of the case given; the arrangement in ■ Each volume of PHILAJUR consists of 5 parts:
alphabetical order is also given in the reverse form. ● Legislation
● Cases published in each volume are arranged ● Supreme Court decisions
according to the date when the decisions was ● Digest of Court of Appeals Decisions
promulgated. ● Legal Articles
● the main body of each case includes the name of ● Indexes
litigants, the case number and the date of ■ It has ceased publication.
promulgation. ○ Supreme Court Unpublished Decisions (SCUD) - This publication
■ Important contents of this set: contains the unpublished decisions of the PH Supreme Court.
● annotation on important legal questions ■ This is compiled by Judge David G. Nitafan and the
● giving the state of the law on important questions Editorial Staff of the Central Lawbook Publishing Co., Inc.
● their historical development and application ● Volume 1 contains unpublished SC Decisions from
● authoritative and comprehensive syllabi for each March 1946 to Feb 1952
reported case ● Volume 2: March 2, 1952 to March 30,1954
● subject-index at the end of each volume which is unpublished decisions
alphabetically arranged ○ Supreme Court Advance Decisions (SCAD) - it publishes all
● a set of 4 volumes of Quick Index Digest decided cases promulgated by the supreme court.
● SCRA Annotations, a helpful guide in the ■ It is published monthly, immediately after the decisions are
instructive annotations and opinions on significant promulgated, the petitioners and the students have ready
SC decisions access to the latest available decisions rendered by the SC.
○ Supreme Court Decisions (SCD) - A publication of the decisions of ○ Supreme Court Excerpts (SCEX) - the book attempts to combine
the SC of the PH, starting January 1, 1982. the strengths of the various publications containing 410 Supreme
Court excerpts extracted from 304 SC decisions and resolutions ○ Following are the publications for cases decided by the Court of
promulgated from Sept 3, 1996 to January 31, 1997. Appeals:
■ the book is authored by Atty. Aristotle T. Dominguez ■ Appellate Court Reports
■ Published by Rex Book Store ● Decision of the Court of Appeals (CA) were
○ Summary of Supreme Court Rulings - this work aims to provide the originally published in the Appellate Court Reports
law students especially those who are preparing to take the bar by the Court Reporter
examinations supplementary reading materials on the latest rulings ○ Volume 1 - embracing the decisions of the
of the SC. Appellate Court from Feb 29, 1936 to Dec
■ the SC rulings are collated into eight chapters 29, 2936
corresponding to the 8 bar examinations subjects in the ○ Volume VIII - Jan 8, 1947 to June 30,1947
order the Supreme Court gives them ■ Advance Sheets
■ the book is authored by: Atty. Daniel T. Martinez ● Decisions of the CA had been published in
○ Citations: Excerpts of Supreme Court Decisions - this publication is Advance Sheets starting Jan 1960, but was
authored by Lerio Caballero Castigador. discontinued in 1963
■ It has six volumes: ■ Official Gazette
● Volume 1: July-December 1990: Abuse of ● When the Court deems a decision to be sufficient
Discretion to Words and Phrases importance to require publication, the Clerk of
● Volume 2: January-April 1991: Abuse of Discretion Court furnishes a certified copy of the decision of
to Workmen's Compensation the Reporter who prepares a syllabus for each
● Volume 4: Sept-Dec 1991: Actions to Workmen's case to be published w/ the cooperation of the
Compensation author of the decision and is responsible for its
● Volume 5: Jan-April 1992: Eight Bar Subjects publication in the OG
● Volume 6: May-August 1992: Eight Bar Subjects ■ Court of Appeals Reports
○ The Sandiganbayan Reporter - It contains all cases decided by the ● Reports containing the decision of the CA has 25
Supreme Court involving the Sandiganbayan. volumes from 1961 to 1980
■ Authored by: Atty. Rufus Rogriquez ● Last volume was Vol. 25
○ The PCGG Reporter - it contains SC decisions involving the ● Last case reported was People v. Estonia, Dec
Philippine Commission on Good Government (PCGG). 1980
■ Starting from the first case of Cruz, Jr. v. PCGG, May ● Has the same feature as those of the Appellate
27,1968 to Romualdez v. Sandiganbayan, May 16, 1955 Court Reports
■ Court of Appeals Reports Annotated
● Decisions of the Court Appeal ● Contains selected decisions of the CA
○ Serves as our immediate appellate court. ● It is compiled, annotated, and edited by the
○ Decisions of the Court of Appeals are merely persuasive on lower editorial staff of the Central Lawbook Publishing
courts. They are cited in cases where there are no Supreme Court Co., Inc.
decisions in point. In this regard, they are considered as judicial
guides to lower courts and that conclusion or pronouncement they ● Decisions of the Sandiganbayan
make can be raised as a doctrine. The Clerk of Court of the Court ○ It is a collegiate trial court established by the Constitution to try
of Appeals is the repository of all of the Court of Appeals decisions. crimes by public officers, published the Sandiganbayan Reports
in 1980 which contained its decisions from December 1979 to ● Department of Foreign Affairs
February 1980 ● Commission on Immigration and Deportation
● Decisions of the Court of Tax Appeals ● Office of the President
○ Under Rep. Act. No. 1125, The Court of Tax Appeals was ● Secretary of Justice
established, With exclusive appellate jurisdiction over tax and ● National Wages Council
custom cases. ● PH Patents office
■ the decision of the Court are subject to review by the SC ● Bureau of Land Transpo
■ the Tax Court is directed by law to provide for the ● Civil Service Comm.
publication of its decisions in the official gazette in such ● Professional Regulatory Comm. and Tanodbayan
form and manner as may be best adapted for public ○ Agencies with express quasi judicial power
information and use ■ Agencies which are actually given judicial functions over
cases which would otherwise go to the regular courts of
● Decisions of the Regional Trial Courts justice where it not for the grant of such powers of these
○ Their decisions have not been published in official reports or in agencies
books of secondary authority. ■ sometimes characterized with specific appeal procedures
under the law
● Decisions of the Metropolitan Trial Court, Municipal Trial Court and ● Insurance commission
Municipal Circuit Trial Courts ● the national labor relations commission
○ Their decisions have not been published in any official report or ● commission on election
publication. their respective courts themselves are the only places ● government service insurance system
where their decisions are found ● social security system
● natural seamen board
❖ Subordinate Conditions ● commission on audit
● employees compensation commission
● The Senate Electoral Tribunal and the House of Representatives ● civil aeronautics board
Electoral Tribunal
○ The 1987 Constitution in section 17, provides that the Senate and D. Citation of Case Law
the House of Representatives shall have an Electoral Tribunal, ● Case Names
which shall be the sole judge of all contests relating to the election ○ General Rule - Cites cases by giving the surname of the parties, the
returns and qualifications of their respective Members. volume, title and page of reports, and the year of promulgation in
■ Each Tribunal is composed of 9 Members parenthesis. Abbreviate versus as V. when used in the text,
● Justices of the SC - 3 Members (assigned by the underscore the title of the case ( if printed, italicize); and place the
Chief of Justice) source or citation in the footnote.
● Members of the Senate and House of Rep. - 6 ● Example: Ariaga v. Javellana, 92 Phil.330 (1952)
Members ○ if two or more actions are consolidated in
one decision, site only the first listed.
● Administrative Agencies Exercising Quasi-Judicial Powers ○ Exceptions:
○ Agencies with implied quasi judicial powers ■ Cite Islamic and Chinese names in full. as to those with
■ agencies mostly with investigative functions Christian first names, follow the general rule.
● Examples: ■ City of Manila v. Subido not City
○ Lim Siun Tek v. Ladislao not Lim v. of Manila v Subido, In his capacity
Ladislao as civil service commissioner
○ Wong v. Dizon not Joseph Wong v. Dizon ■ Gonzales v. Hechenova not
○ Una Kibad v. Commission of Elections not Gonzales v. Executive Secretary
Kibad v. Commission of Elections ● Where The office is names, give the complete
■ Cite compound names in full. name of the office.
● Examples: ○ Examples:
○ People v. De la Cruz not People v. Cruz ○ Collector of Internal Revenue v. Tan Eng
de la Hong
○ Abad Santos v. Auditor General not ○ Chief of Phil. Consultancy v. Sabungan
Santos v. auditor general Bagong Silangan
○ Galeos-Valdehuesa v. Republic not ○ Board of Election Inspectors of Tolosa v.
Valdehuesa vs. Republic Piccio
■ Always cite names of corporations, associations, business ○ Assistant Executive Secretary v. Sarbro &
firms and partnerships in full. words forming part of such Co.
names may be abbreviated, accept the first word ■ Always cite Municipality of _____, City of _____. Province
● Examples: of _____, as they appear in the decisions.
○ Mata v. Rita Legarda Inc. ● Examples:
○ Allied Workers Ass’n of the Phil. v. ○ Province of Rizal v. RTC
Republic Trading Corp. ○ City of Cebu v. Ledesma
■ Cite cases involving the government of the philippines and ○ Municipality of Mandaluyong v. Bautista
criminal cases as follows: ■ Cite case names beginning with procedural terms like ex
Government v. _____; Commonwealth v. _____; parte, ex rel and in re as they appear in the decisions. Use
Republic v. ____; US v. ____; In re instead of in the matter of.
People v. ____; depending upon the title of the ● Examples:
case ○ Ex parte Miligan
● Examples: ○ In re Garcia
○ Government v. Abadinas ○ US ex rel Greathouse v. Smith
○ Commonwealth v. Corominas
○ Republic v. Carpin ● Case Reports
○ US v. Jaranilla ○ Supreme Court Decisions
○ People v. Santos ■ When the decision is already found in the official published
■ Cite Cases involving public officers or offices as follows: Philippine Reports, indicate only the PH Report citation.
● where the person is named in his official capacity, ● Philippine Reports
give the name of the person only. ■ Cite as: Phil. page (year)
○ Examples: ■ Example: Diaz v. Estera, 78 Phil.
637 (1947)
● Official Gazette
○ Cite G.R. docket no. and date of ● Cite as: volume C.A. Rep. page (year)
promulgation before the OG citation ● Example: Chunaco v. Singh, 8 C. A. Rep. 488
■ Cite as: G.R. No. ___, date (1947).
promulgated, volume OG. Page ■ Court of Appeals reports, Second Series
(Month & year of issue) ● Cite as: volume C.A. Rep. 2d page (year)
■ Example: Espiritu v. Rivera, G.R. ● Example: Flores v. Valpeña, 2 C.A. Rep. 2d 64
No. 17092, September 30, 1963, (1962).
62 OG. 7226 (Oct.,1966) ■ Court of Appeals General Register (C.A.-G.R.) - Advance
○ If the decision is found in a supplement, decisions of the Court of Appeals.
indicate supplement number, page and ● Cite as: C.A.-G.R. No. _________ -R, CV, CR or
date of issue. SP, date of
■ Example: 46 O. G. Supp. No. 11, ● Example: Caliboso v. Bueno, C.A.-G.R. No. 20401-
22 (Nov., 1950). R, April 8, 1960.
● General Register (G.R.) - Advance decisions of the ■ Official Gazette
Supreme Court ● Cite as: C.A.-SP or CR or CV No.
■ Cite as: G.R. No. ____, Date of ______________, (date of promulgation, volume
promulgation, omitting the L- O.G. page (month & year of issue).
which refers to post-liberation ● Example: Manila Electric Co. v. Allarde, C.A.-SP
decisions No. 11850, May 15, 1987, 86 O.G. 3447 (May,
■ Example: Estepa v Diansay, G.R. 1990).
No. 14733, September 30,1960
○ For Disciplinary cases against attorney-at-
law:
■ Cite as: G.R. Adm. Case No. ___, ○ Other Courts
Date of promulgation ■ Sandiganbayan Decisions
■ Example: In re Mallare , G.R. Adm. ● Cite as: Sandiganbayan Crim. Case No.
Case No. 533, April 29, 1968 ________, date of promulgation, volume
○ For disciplinary cases against judges: Sandiganbayan Rep. page (year of issue).
■ Cite as: Cite as: G.R. Adm. ● Example: People v. Sabarre, Sandiganbayan Crim.
Case/Matter No. ___, Date of Case No. 001, December 12, 1979, 1
promulgation Sandiganbayan, Rep. 305 (1979).
■ Example: Secretary of Justice v. ■ Court of Tax Appeals Decisions
Catolico, G.R. Adm. Case No. ● Cite as: CTA Case No. _________, date of
203-J Adm. Mater No. 625-CFI, promulgation.
November 18, 1975 ● Example: Abad v. Commissioner of Internal
Revenue, CTA, Case No. 717, June 4, 1963
○ Court of Appeals Decision ■ Regional Trial Court Decisions
■ Appellate Court Reports (v.2, 1937 and v.8, 1947 are the
only ones published
● Cite as: RTC (Place & Branch No. ) Crim. Case or ○ Court of Appeal Reports Annotated
SP No. ■ C.A.R.A
R- __________________, date of promulgation. ○ NITAFAN’s Supreme Court Unpublished
Decisions
● Example: People v. Johnson, RTC (San Jose,
■ S.C.U.D.
Occidental Mindoro, Br. 45) Crim. Case R-1681, ○ Philippine Decisions
August 6, 1984. In re Morales, RTC (Dagupan City, ■ Phil. Dec.
Br. 43) SP-2472, December 7, 1989. ○ Philippine Law decisions
■ Metropolitan Trial Courts Decisions ■ P.L.D
● Cite as: Me TC (Place & Branch No.) Civil or ○ Philippine Law and Jurispudence
Criminal Case No. ______________, date of ■ PHILAJUR
○ Philippine Reports Annotate
promulgation.
■ P.R.A
● Example: Shell Distribution Co., Inc. v. Balmaceda, ○ Supreme Court Decisions
Me TC (Manila, Branch X) Civil Case No. 59563, ■ S.D.C
July 20, 1982. ○ Supreme Court Reports Annotated
■ Municipal Trial Courts and Municipal Circuit Trial Courts ■ S.C.R.A
Decisions
● Cite as: MCTC or MTC (Place) Crim. Case No. V. Search Books or Law Finders
____________, date of promulgation.
A. Introduction
● Example : People v. Soliven, MCTC (Paoay—
○ These books simply indicate to the researcher where he can find
Currimao, Ilocos Norte) Crim. Case No. 992-C,
certain cases or certain collection of case, presumably pertaining
November 11, 1983
to a particular subject of the law give some information regarding
■ Shari’ah District and Circuit Courts
cases or status other than contents
● Cite as: Shari’ah Dist./Circ. Ct. (place), date of
○ these books serve as guideposts in the search for authority
promulgation
■ Types of Search books:
● Example: Al-Awadhi v. Rulona, Shari’ah Dist. Ct.
● Legal textbooks
(Marawi City) Special Proceeding No. 011-87,
● Legal encyclopedia
September 15, 1988.
● Law Dictionaries
● Administrative Decisions
● legal digests
○ Cite by the name of the agency (when there is an abbreviated form,
● legal periodicals
use abbreviation or acronym), case number and date of
● Citators
promulgation.
○ There are finding tools for statutes and there are case finders that
● Examples: Tinio v. Dizon, DANR Case No. 2734,
are indexes and digests
April 24, 1967. In re Colorado, CSC Adm. Case No.
R-27182, September 29, 1964.
B. Legal Textbooks
■ For unofficial reports of cases, cite by volume, abbreviated
citation of the Reports as indicated by publisher, page and
○ Legal textbook is one which summarizes the present status of the
year.
law for professional use or the development and the general
● Example: 46 S.C.R.A. 160 (1972)
principles of the existing law for study and reference.
● Some unofficial Philippine Reports, cite as:
■ Two main purpose:
● textbook written for the lawyer in his practice
○ Is a compilation of provisions of law and
court decisions pertinent to the subject of ○ It is also defined as a book which is arranged alphabetically and
which it treats defined words which constitute the terminology of the law as a
● textbook prepared for the student of law special branch of knowledge of common words which have been
○ More concerned with the choice of defined in the process of lawmaking judicial interpretation or
authorities than with their number administration of the law.
○ Statutes dealing w/ subject are given ■ Law dictionaries are sometimes called mini-encyclopedias.
verbatim ● Very helpful in obtaining useful authorities in a
○ Treaties are written in the form of outlines quick manner
■ Leading law dictionary in the PH is the PHILIPPINE LAW
C. Legal Encyclopedia DICTIONARY by Justice Federico B. Moreno.
● The book is a collection of words and phrases
○ They are designed to supply in concise form, brief but classified in dictionary A to Z form, as legally and
comprehensive statements of the current law topics combined into judicially defined and accepted particularly by the
one sequence Supreme Court
● Is designed for practicing lawyers
○ Topics found in legal encyclopedias are arranged alphabetically. E. Legal DIgests and Indexes
Under each main topic are various subtopics that further divide the
legal points under the topic. ○ Legal Digest - is a compilation of paragraph containing concise
● Ways to locate information in an encyclopedia: statements of legal principles which may be deduced from statutory
○ General index enactments to form a digest of statute law or which may be gathered
○ Topic approach from careful study of the decision to form a digest of case law
○ Volume index grouped under appropriate headings which are arranged
○ Table of authority alphabetically.
● Encyclopedias are classified as: ■ Consists of statement of facts of the case and principal law
○ National encyclopedias ○ Indexes - topically arranged finding tool for statutory and case laws.
○ Local encyclopedias
■ In the Philippines,TWO publications can be classified as F. Legal Periodicals
LEGAL encyclopedias
● Alvir’s Encyclopedia of Philippine Laws and ○ Legal periodicals are journals of articles written by judges,
Venidas professors, law students, and legal experts on various legal topics.
● Encyclopedia of Philippine Laws and ■ Can be published weekly, monthly, quarterly, or annually
Jurisprudence ■ Can be published in paperback format
○ Many law schools have a group of top law students who publish a
D. Law Dictionaries law review for their school.
■ Law Review - may publish articles written by professors or
○ A law dictionary is composed of terms words and phrases with their by students (UP Law and ALS)
definitions ○ they are scholarly and provide considerable depth about issues of
current interest.
○ It can help sort through apparently confusing cases or complicated ○ Information technology revolutionizes the traditional way of
statutory developments and provide a rationale for the law. It gives research in law. At the present time databases in law and other
researchers Additional insight into law system can easily be accessed via the Internet.
○ Some legal periodicals provide information about the law, opinions ○ The internet provides us with new research opportunities for legal
or analysis of law. and non-legal research prompting new , applications and law firms
○ To search for specific legal periodical articles, one uses the indices and business.
that are available. The two most commonly used indices are:
● Index to Legal Periodicals ok B. CD-ROM
● Current Law Index
■ There are no available published index to legal periodical ○ CD Technologies Asia, Inc. (CD Asia) - Is one of the leading
articles in the PH companies in the emerging industries of electronic publishing and
actively pursuing the publication of CD/ROM titles on specific or
G. Citators specialized topics in law has these following publications called Lex
Libris Series
○ This step involves making sure the legal rules research is still a valid ■ Vol. 1 - Laws (PH Edition)
law . ● Featured in this publication are full-text versions of
■ Shepardizing - Is the most widely used method of updating the PH constitutions, republic acts, mga batas
the law. When used as a verb, it refers to the process of pambansa, presidential decrees, executive orders,
consulting the shepherd's citation volume for the complete presidential proclamation and letters of instructions
history and treatment of the case by other courts. ■ Vol. 2 - Taxation (PH Edition)
● Main purpose of consulting Shepard’s Citation is to ● by far the most comprehensive publication on the
bring the case up to date. subject taxation.
● Shepherd’s will indicate if the case has been ● contains the ruling, opinions, memoranda,
affirmed modified or reversed on appeal. Also, circulars, VAT Ruling and official acts of the bureau
Shepherd’s will indicate how your case has been of internal revenue (BIR) as well as international
treated in subsequent decisions of the same court. tax treaties and local tax ordinances
● A case must always be shepardizing to ensure that ○ Related laws, decisions of the SC, CA,
it is still a good law and has not been overturned or and Court of Tax Appeals, executive
modified by a subsequent decision. issuances
■ Published citators in the Philippines ■ Vol. 3 - Jurisprudence (The SC Reports)
● Philippine Citation - Alberto Dizon ● Decisions of the supreme court, since 1901.
● Philippine Citation - Arturo Paras ● Patterned after the PH Reports, this CD ROM
publication contains text of available case syllabi
and sypnoses, and over 35,000 judicial opinions
■ Vol. 4 - Department of Justice (Opinions of the Secretary)
VI. Computer Assisted Legal Research (CALR) ● First release of 1997
● For the first time, the complete collection of
A. Internet and On-Line Services opinions of the PH Secretary of Justice since 1939
is available in easy reference and research form
■ Vol . 5 - Local Autonomy and Local Government ● Has features such as a subject index and an
● The first multimedia compact disc of the series interactive topical outline.
● contains a thematic compilation of policy ● Contents include: Pertinent laws, Jurisprudence,
instruments on the subject presidential issuances, rules and regulations,
● features full text information issued and international treaties and agreement, as well as
promulgated by the supreme court, by the three other materials that deal with FAMILIAL
constitutional commissions and 30 national RELATIONSHIPS.
government agencies and offices. ○ Other titles in CD-ROMS of CD-Asia:
■ Vol. 6 - Environment and Natural Resources ■ Lex Libris Student Edition (LLSE)
● First and most comprehensive collection of info ● Specifically offered to students.
from the DENR published in CD-ROM ● Comprised of materials pertaining to the subject
■ Vol. 7 - Labor and Social Legislation taken in each year of law school.
● Contains related statutes and jurisprudence as well ■ Bangko Sentral ng Pilipinas (BSP)
as issuances from the Department of Labor and ● First and only compilation of its kind that includes
Employment (DOLE) index of economic laws and banking regulations,
■ Vol. 8 - Elections bsp manual of regulations for banks and financial
● contains statutes, presidential issuances, DOJ intermediaries, and bsp memorandum circulars,
opinions and jurisprudence related to the topic of orders, letters, notices and other regulations.
elections. ■ National Administrative Register (1900 to 2000)
● implementing rules and regulations of electoral ● Compilation of rules and regulations from different
tribunals, comelec rules and procedure, electoral administrative agencies & bureaus filed with the
tribunal decisions, and commissions on elections Office of the National Administrative Register
issuance are likewise contained in this cd-rom ■ Proceedings of the 1986 Constitutional Commission
publication ● contains the records and journals of the 1986
■ Vol. 9 - Trade Commerce and Industry Constitutional Commission w/ related issuances.
● collection of materials on trade, banking and ■ Impeachment Proceedings Against Pre. Joseph E. Estrada
finance, capital markets, insurance and intellectual ● transcript of the historic impeachment proceedings
property. against former president Joseph Estrada.
● also contains compilation of pertinent Supreme ○ with an interactive presentation of the
Court decisions, laws, issuances of various articles of impeachment and witnesses'
agencies (DTI, Board of Investments, DoF, bureau testimonies
od customs, Bangko Sentral, PH Stock Exchange) ○ Gigabytes Research Systems, Inc. (GRSI)
■ Vol. 10 - Securities and Exchange Commission (SEC) ■ digitized and first published PhilJuris Professional - a CD-
● Contains SEC related laws and jurisprudence, ROM containing the entire collection of over 35,000
SEC opinions, SEC cases, , other SEC issuance’s reported Supreme Court resolutions from 1901 to 1995
namely: ORDERS, MEMORANDA, CIRCULARS, ● Released its second title PhilJuris Students’
and RULES and REGULATIONS Reference Edition (SREd). It is an electronic
■ Vol. 11 - Family Law compilation of electronic compilation of SC rulings
from 1960 to 1994.
● has been designed exclusively for students’ use ■ Maintained by the Chan Robles Firm
■Also released PhilJuris Network Version through Lotus ■ Contents of the site:
Notes to further advance the standards of computer-based ● Chan Robles Virtual Library
legal research ○ virtual utopia to any filipino legal
○ ACCESSLAW, INC. researcher
● Comprehensive listing of law-related materials
arranged by topic featuring the full text of laws and
jurisprudence
C. PHILIPPINE WEBSITES ● has links to global online resources classified by
country and topic including global jurisprudence,
○ www.supremecourt.gov.ph links to the UN and the ICJ websites, as well as
■ The PH Supreme Court’s official site. schools, universities, bar orgs, and law firms
■ Contents of the SC’s site: ○ www.Pinoylaw.com
● Contains the full text of the 1987 Constitution, the ■ “Your window to PH Legal Information and Solutions”
Rules of Court (including Revised Rules of Criminal ■ Site contains:
Procedure) and a complete listing of SC Circulars ● Section on jurisprudence, list of republic acts and
and orders from 1973-2001. other laws, Vital links to the official websites of the
● Section on Jurisprudence contains latest decisions supreme court, the solicitor general and office of
and the Court’s minutes (Dec 2000- Feb 2001) the president
● “Bar Matters” contains list of the last successful bar
examiners, bar topnotchers and their school, as
well as an alphabetical listing of members of the
PH Bar
● Decisions resolutions and announcement of
general interest promulgated by the court since
July 2002
○ www.disini.ph
■ Official website of the Disini and Disini Law Office.
■ Contents of the site:
● Comprehensive listing of materials on e-commerce
in other e-legislations
● e-commerce act and its implementing rules and
regulations and a list of pending bills with respect
to e-commerce and intellectual property
● also features interesting articles concerning
emerging international and local legal issues with
respect to cyber laws, cyber crimes and the internet
in general
○ www.chanrobles.com

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