THE ANO? LEGAL RESEARCH (MIDTERMS) W.R.

2023

Chapter 1: Introduction to LR Common Law – The Philippines also is a common law

Legal Research country. Common Law finds its laws in the jurisprudence

 Process of finding the laws, rules and that has been held by the courts. The influence comes

regulations that govern activities of human from the United States, who got their influence from the

society. Anglo-Saxons, as they helped in forming the law of our

country they too had influenced our laws.
 Investigation for information necessary to
JURISPRUDENCE:
support legal decision making.
In Re: Max Shoop – The court discussed the Philippine
Sources of Legal Research
Legal System of having a mixed jurisdiction (Civil and
 Printed and electronic sources
Common Law country).

Sources
Types of sources Chapter 4: Statutory Law
Authority and Source: The Philippine Constitution – The highest law of the
Authority – This talks about the authority of the source land
in talking about the topic. It relates more to the speaker Art 7. Civil Code
and his authority to discuss the law or establish law. “Laws are repealed only by subsequent ones, and their
violations or non-observance shall not be excused by
Source- talks about the publication of the said law or disuse, or custom or practice to the contrary.
where it was taken from. When the courts declare a law to be inconsistent with the
Sources of Law Constitution, the former shall be void and the latter shall
Primary Sources govern.

 Products of legislative actions, codes, and Administrative or executive acts, orders, and regulations

statutes. shall be valid only when they are not contrary to the laws

 Judicial decisions or Constitution.”

 Administrative law, or the regulations and JURISPRUDENCE:

decisions of government agencies. Angara v Electoral Commission - The verba legis of

Secondary Materials the Constitution is of the view the creation of Electoral

 Not primary authority but which discuss or Commission is independent from the scope of the
legislature. Likewise, the Judiciary is also dubbed as the
analyse legal doctrine are considered secondary
final arbiter of electoral protests.
materials.
Finding Tools
In the matter of the Petitions for Admission in the
 SCRA Quick Index-Digest
Bar – The Supreme Court as determined by the
 PHILJURIS
Constitution may limit those who are to be admitted to
 LEX LIBRIS
the bar and have exclusive jurisdiction on who may or
 No persuasive nor primary authority. Only
may not practice law.
made to look for cases easier.

Serrano v. Gallant – A law was passed that went to the

Overview of the Philippine Legal System
guaranteed rights protected by the Constitution in the Bill
Civil Law - The Philippines has civil law influence as it
of rights. The law was proclaimed as unconstitutional.
follows statutes and recognizes codes as a basis of its
law. This was an influence of the Spanish towards our
Sameer Overseas Placement Agency v Cabiles – It was
laws as our European occupiers were primordially got it
ruled that an employee was unduly dismissed violating
from the French Civil Code.

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the equal protection rights that are guaranteed by the How a bill becomes a Law
Constitution. Art VI. Section 26 (2) Philippine Constitution
“No bill passed by either House shall become a law
Manila Prince Hotel v. GSIS- The Constitution unless it has passed three readings on separate days, and
provides that companies that are owned by majority of printed copies thereof in its formal form have been
Filipinos are able to operate within the country, thus the distributed to its Members three days before its necessity
purchase of the Manila Prince Hotel is void. of its immediate enactment to meet a public calamity or
emergency. Upon the last reading of a bill, no
History of the Philippine Constitution amendment thereto shall be allowed, and the vote thereon
1. Spanish Period – Spanish Constitution shall be taken immediately thereafter, and the yeas and
a. The treaty of Paris nays entered in the Journal.”
2. The Malolos Constitution of 1899 Article 6, Section 27
3. The American Period – American Constitution Every bill passed by the Congress shall, before it
a. Organic Law – Constitution of a becomes a law, be presented to the President. If he
country within the territory of the approves the same, he shall sign it; otherwise, he shall
US. veto it to return the same with his objections to the House
b. Spooner Amendment – assert of the where it originated, which shall enter the objections at
US in Philippine territory large in its Journal and proceed to reconsider it. If, after
c. Philippine Bill Act of 1902 – such reconsideration, two-thirds of all the Members of
administration and civil government such House shall agree to pass the bill, it shall be sent,
for the Philippine Islands together with the objections, to the other House by which
d. Philippine Autonomy Act of 1916 its shall likewise be reconsidered, and if approved, by
4. Commonwealth Period two-thirds of all the Members of that House, it shall
a. Tydings-Mcduffie Law of 1934 become a law. In all such cases, the votes of each House
b. 1935 Constitution shall be determined by yeas or nays, and entered in its
5. Japanese Period Journal. The President shall communicate his veto of any
a. 1943 Constitution – later declared bill to the House where it originated within thirty days
null and void upon Philippine after the date of receipt thereof; otherwise, it shall
liberation become a law as if he had signed it.
6. Martial Law Declaration The President shall have the power to veto any particular
a. 1973 – Constitution item or items in an appropriation, revenue, or tariff bill,
7. 1987 Constitution but the veto shall not affect the item or items to which he
does not object.
Parts of a Statute
I. Preamble Effectivity of Laws
II. Enacting Clause Article 2. Civil Code
III. Body “Laws shall take effect fifteen days following the
IV. Repealing Clause completion of their publication in the Official Gazette, or
V. Saving Clause in a newspaper of general circulation in the Philippines,
VI. Separability Clause unless it is otherwise provided.”
VII. Effectivity Clause JURISPRUDENCE
Tanada v. Tuvera – The number of days may be subject
to change as provided by the law being passed. The

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publication requirement is a necessity for all laws of
public interest.
Article 3. Civil Code
“Ignorance of the law excuse no one from compliance
therewith”
Article 4. Civil Code
“Laws shall have no retroactive effect, unless the
contrary is provided.”
BK I. Chapter 5. Section 20
“In the interpretation of a law or administrative issuance
promulgated in all the official languages, the English text
shall control, unless otherwise specifically provided. In
case of ambiguity, omission or mistake, the other texts
may be consulted.
BK I. Chapter 5, Section 21
“When a law which expressly repeals prior law is itself
repealed, the law first repealed shall not thereby revived
unless expressly so provided.
BK I. Chapter 5, Section 22
“When a law which impliedly repeals a prior law is itself
repealed, the prior law shall be revived, unless the
repealing law provides otherwise.”
BK I. Chapter 6, Section 24
“ There shall be published in the Official Gazette all
legislative acts and resolution of a public nature; all
executives and administrative issuances of general
application; decisions or abstracts of decision of the
Supreme Court and the Court of Appeals, or other courts
of similar rank, as may be deemed by the said court of
sufficient importance to be so published; such documents
or classes of documents as may be required to be
published by law; and such documents or classes of
documents as the President shall determine from time to
time to have general application or which he may
authorize so to be published.
The publication of any law, resolution or other official
documents in the Official Gazette shall be prima facie
evidence of its authority.
THE GREATEST LESSON OF SISYPHUS IS FINDING GLORY IN THE CURSE OF OUR
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Bk I. Chapter 6, Section 25
“The Official Gazette shall be edited in the Office of the
President and published weekly in Pilipino or in English
language. It shall be sold and distributed by the National
Printing Office which shall promptly mail copies thereto
to subscribers free of postage.
JURISPRUDENCE:
Tawang Multipurpose Cooperative v. La Trinidad
Water District – PD 198 grants the awarding of
franchises which are exclusive in nature, thus making it
unconstitutional. The Constitution is the highest law in
the land and even though PD 198 predates the
Constitution it became unconstitutional upon ratification
of the 1987 Constitution thus void.
Chapter 5: Case Law
Case Law – come from judicial authorities of the Stete
 Second major category of primary soruces of
law,
Stare Decisis – “The stand on what has been decided, is
the principle that the decisions of a curt is a binding
authority on the court that issued the decision and on
lower courts for the disposition of factually similar
controversies.”
 Impact of the decision as precendent.
Article 8. Civil Code
“Judicial decisions applying or interpreting the laws or
the Constitution shall form a part of the legal system of
the Philippines.”
Jurisprudence
De Castro v. JBC – The court held that the bar to the
President from appointing people does not include the
appointment of a Chief Justice. Legislators would
otherwise explicitly state such in the law if it was their
intent.
Artice 8, Section 3. Philippine Constitution
“The Supreme Court shall be compose of a Chief Justice
and 14 Associate Justices. It may sit en banc or in its
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discretion, in divisions of three, five, or seven Members.
Any vacancy shall be filled ninety days from the
occurrence thereof.
All cases involving the constitutionality of a treaty,
international or executive agreement, or law, which shall
be heard by the Supreme Court en banc, and all other
cases which under the Rules of Court are required to be
heard en banc, including those involving the
constitutionality, application, or operation of presidential
decrees, proclamations, orders , instructions, ordinances,
and other regulations, shall be decided with the
concurrence of a majority of the Members who actually
took part in the deliberations on the issue in the case and
voted thereon.
Case or matters heard by a division shall be decided or
resolved with the concurrence of a majority of the
Members who actually took part in the deliberations on
the issues in the case and voted thereon, and in no case
without the concurrence of at least three of such
Members. When the required number is not obtained, the
case shall be decided en banc. Provided, that no doctrine
or principle of law laid down by the court in a decision
rendered en banc or in division may be modified or
reversed except by the court sitting en banc.”
Minute Resolutions – procedurial resolution that are not
binding as a precedent but binding only in the case itself.
Res Judicata not Stare Decisis.
Jurisprudence:
Philippine Health Care Providers. Inc. v. CIR –
Minute Resolution can only bind by virtue of Res
Judicata and not Stare Decisis.
Obiter Dicta – Opinion of the court that is not part of the
decision.
Ratio Decidendi – Principle of the law on which was the
case decided.
Fallo - The part of the decision of the court that is
binding on the indemnities, penalties and such
prescribed.
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Jurisprudence:
Florentino v Rivera – The decision has already been
settled and is unambiguous and not subject for the
modification of the Regional Trial Court. The Fallo shall
be considered as binding and not the body of the text.
Difference between Question of Law and Question of
Fact
Question of Law – related to the application of the law
Question of Fact – related to what happened or did not
happen.
Jurisprudence:
Pagsibagan v. People – The Court differentiates what a
question of law and a question of fact. They can only try
question of law and not question of fact as it is the role of
the RTC to resolve the issue.
Treaties and International Agreements
Treaty – Defined as a compact made between two or
more independent nations with a view to the public
welfare.
Jurisprudence
Bayan Muna v. Alberto Romulo – Republic of the
Philippines and United States Non-Surrender Agreement,
defined what an executive agreement is and it still is
enforced like a treaty. However, the difference of a treaty
and an executive agreement is a Treaty can get into new
matters while an Executive Agreement is the fulfilment
of a treaty. In comparison Treaty is the statute and an
Executive Agreement is the IRR.
Art 2. Vienna Convention on the Law of Treaties
(a) “Treaty: means an international agreement
concluded between States in written form and
governed by international law, whether
embodied in a single instrument or in two or
more related instruments and whatever its
particular designation;”
(b) “ratification”, “acceptance” and “accession
mean in each case the international act so
named whereby a States establishes on the
international plane its consent to be bound by a
treaty.
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(g) “party” means a State which has consented to be Article 31, or to determine the meaning when the
bound by the treaty and for which the treaty is in interpretation according to article 31:
force: a. Leaves the meaning ambiguous or
obscure; or
Article 31 Vienna Convention on the Law of b. Leads to a result which is manifestly
Treaties absurd or unreasonable.
1. A treaty shall be interpreted in good faith in
accordance with the ordinary meaning to be Article 33. Vienna Convention on the Law of Treaties
given to the terms of the treaty in their context 1. When a treaty has been authenticated in two or
and in the light of its object and purpose. more languages, the text is equally
2. The context for the purpose of the authoritative in each language, unless the treaty
interpretation of a treaty shall comprise, in provides or the parties agree that, in case of
addition to the text, including its preamble and divergence, a particular text shall prevail.
annexes: 2. A version of the treaty in a language other than
a. Any agreement relating to the traty one of those in which the text was
which was made between all the authenticated shall be considered an authentic
parties in connection with the text only if the treaty so provides or the parties
conclusion of the treaty; so agree.
b. Any instrument which was made by 3. The term of the treaty are presumed to have the
one or more parties in connections same meaning in each authentic text.
with the conclusion of the treaty and 4. Except where a particular text prevails in
accepted by the other parties as an accordance with paragraph 1, when a
instrument related to the treaty. comparison of the authentic texts, discloses a
3. There shall be taken into account, together with difference of meaning which the application of
the context: article 31 and 32 does not remove, the meaning
a. Any subsequent agreement between which best reconciles the texts, having regard
the parties regarding the to the object and purpose of the treaty shall be
interpretation of the treaty or the adopted.
application of its provisions;
b. Any subsequent practice in the Sources of International Law
application of the treaty which 1. International Convention (Treaties)
establishes the agreement of the 2. International Custom
parties regarding its interpretation; 3. General Principle of Law
c. Any relevant rules of international 4. International Court, and tribunals
law applicable in the relations
between the parties Ordinance – A local legislation that is to be observe
4. A special meaning shall be given to a term if it within the jurisdiction of a province or city.
is established that the parties so intended
Jurisprudence
Article 32. Vienna Convention on the Law of Treaties White Light Corp. v City of Manila – Manila passed an
“Recourse may be had to supplementary means of ordinance prohibiting wash-up rates. However, the court
interpretation, including the preparatory work of the ruled found in unconstitutional to pass such law that
treaty and the circumstances of its conclusion, in order to hinders the valid services of White Light Corporation to
confirm the meaning resulting from the application of

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prevent such law that can be addressed in other manners
without stepping on the rights of the consumers.
Sec. 50, Chapter 11, Book IV. Administrative Code
“The administrative issuances of secretaries and heads of
bureaus, offices or agencies shall be in the form of
circulars or orders.
1. Circulars shall refer to issuances prescribing
policies, rules and regulations, and procedures
promulgated pursuant to law, applicable to
individuals and organizations outside the
Government and designed to supplement
provisions of the law or to provide means for
carrying them out, including information
relating thereto;
2. Orders shall refer to issuances directed to
particular offices, officials, or employees,
concerning specific matters including
assignments, detail and transfer of personnel,
for observance or compliance by all concerned.
Sec 51, Chapter 11, Book IV. Administrative Code
Every circular or order issued pursuant to the preceding
section shall properly be identified as such and
chronologically numbered. Each class of issuance shall
begin with number 1 for each calendar year.
Sec. 52. Chapter 11. Book IV. Administrative Code
Each department, bureau, office or agency shall keep and
preserve a logbook in which shall be recorded in
chronological order, all final official acts, decisions,
transaction or contracts, pertaining to the department,
bureau, office or agency. Whenever the performance of
an official act is in issue, the date and the time record in
the logbook shall be controlling. The logbook shall be in
the custody of the chief Administrative Officer
concerned and shall be open to the public for inspection.
Sec. 53 Chapter 11. Book IV. Administrative Code
Government-wide Application of the Classification of
Issuances. – (1) The Records Management and Archives
Office in the General Services Administration shall
provide such assistance as amay be necessary to effect
general adherence to the foregoing classification of
issuances, including the conduct of studies for
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developing sub-classification and guidelines to meet
peculiar needs; and
(2)All administrative issuances of a general or permanent
character shall be compiled, indexed and published
pursuant to the provision of this Code.
Section 36, Chapter 6, Bk IV. Administrative Code
(1) The head of a bureau or office shall prescribe
forms and issues circulars or orders to secure
the harmonious and efficient administration of
his bureau or office and to carry into full effect
the laws relating to matters within his
jurisdiction. Penalties shall note be prescribed
in any circular or order for its violation, except
as expressly allowed by law;
(2) Heads of bureaus or offices are authorized to
issue orders regard the administration of their
internal affairs for the guidance of or
compliance by their officers and employees;
(3) Regional directors are authorized to issue
circulars of purely informational or
implementing nature and orders relating to the
administration of the internal affairs of regional
offices and units within their supervision; and
(4) Issuance under paragraph (2) and (3) here of
shall not require, for their effectivity, approval
by the Secretary or other authority.
Sec 1, Chapter 1, Book III. Administrative Code
“The President shall have control of all the executive
departments, bureaus, and offices. He shall ensure that
the laws be faithfully executed.”
Section 2, Chapter 2, Book III. Administrative Code
“ Acts of the President providing for rules of a general or
permanent character in implementation or execution of
constitutional or statutory powers shall be promulgated in
executive orders.
Section 3, Chapter 2, Book III. Administrative Code
Acts of the President which related to particular aspects
of governmental operations in pursuance of his duties as
administrative head shall be promulgated in
administrative orders
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Section 4. Chapter 2, Book III. Administrative Code despite there were no jurisprudence nor law tackling such
Acts of the president fixing a date or declaring a status or issue directly.
condition of public moment or interest, upon the Reyes v. Lim – The court still ruled as required by
existence of which the operation of a specific law or Article 9 of the Civil Code. It related the case in the
regulation is made to depend, shall be promulgated in prohibition of unjust enrichment.
proclamations which shall have the force of an executive
order. How Foreign Law is applied in our
Jurisprudence
Section 5, Chapter 2, Book III. Administrative Code
Jurisprudence:
Acts of the President on matters of administrative detail
Pollo v Constantino David – The law was silent and
or of subordinate or temporary interest which only
there were no jurisprudence available in the Philippines,
concern a particular officer or office of the Government
thus the Court sought foreign jurisprudence of the
shall be embodied in memorandum orders.
employer checking the assigned devices to the employee.
ERB v MERALCO – The court ruled that foreign
Section 6. Chapter 2. Book III. Administrative Code
decisions may only be considered as persuasive
Acts of the President on matters relating to internal
eventhough they are patterned after foreign law.
administration, which the President desires to bring to the
Ejercito v. COMELEC – Foreign jurisprudence can not
attention of all or some of the departments agencies,
bind the courts in our jurisdiction by virtue of Stare
bureaus or offices of the Government, for information or
Decisis.
compliance, shall be embodied in memorandum
circulars.
Non Legal Sources
1. Books and Academic Journals
Section 7, Chapter 2, Book III. Administrative Code
2. News
Acts and commands of the President in his capacity as
3. Online Resources
Commander-in-Chief of the Armed Forces of the
4. Raw Data, Interviews, and Statistics
Philippines shall be issued as general or special orders.

Jurisprudence
Tanada v. Tuvera – Internal rules are not necessary to
be published.
Commissioner of Customs v. Hypermix Feeds – COC
violated the Administrative Code stepping on the right of
Hypermix Feeds for due process.
Article 9. Civil Code
No judge or court shall decline to render judgment by
reason of the silence, obscurity or insufficiency of the
laws.
Jurisprudence:
Silverio v Republic – The court ruled that a transsexual
may not change the information in his/her birth
certificate to the gender that he/she identifies with
because of such transition. Likewise, the court still ruled
Jurisprudence:
Poe-Llamanzares v COMELEC – Ruled that a
foundling discovered within the country is a Filipino
Citizen. Likewise, Statistics were also used as a
persuasive argument to rule as such.
Plagiarism and Ethical Conduct
Jurisprudence:
In the Matter of Charges of Plagiarism etc. Against
Associate Justice Mariano Del Castillo – A judge can
not commit plagiarism in his decision as it is a public
document.
Rule 1.01 Code of Professional Responsibility
A lawyer shall not engage in unlawful, dishonest,
immoral or deceitful conduct.

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Rule 10.01 Code of Professional Responsibility

A lawyer shall not do any falsehood, nor consent to the
doing of any in Court; nor shall mislead, or allow the
Court to be misled by any artifice.

Rule 10.02 Code of Professional Responsibility

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.

Jurisprudence:
Hipos v. Bay - Misquoted the Ruling of the Court
violating Rule 10.02 of the Code of Professional
Responsibility.
Allied Bank v CA – Cited from the SCRA syllabus
COMELEC v Noynoy – Judge ruled despite not having
jurisdiction.

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