Module 2 Legal Research

Overview of the Philippine Legal System

A. Civil Law System v. Common Law System

A HYBRID SYSTEM

The Philippine legal system today is a mixture of civil law and common law regimes. This was the
inevitable outcome of the successive colonization of the country by Spain and the United States.

The most fundamental difference between the two systems is that while civil law jurisdictions have
comprehensive written codes, which are designed to cover every area of law, common law systems
are based on judge-made law, which is developed on a case-by-case basis

Common law was introduced in British colonies, and it applies today in territories such as India,
Malaysia and Singapore. The French and the Dutch spread civil law to territories like Indochina and
Indonesia.

Legislation is the main source of law in both civilian and common law jurisdictions.

However, while in civilian systems jurisprudence plays a secondary role to codes (codes govern the
law primarily in the area of private law) and statutes (which predominate in public law matters), in
common law jurisdictions case law was historically -and theoretically the backbone of the system

B. The Hybrid Nature of the Philippine Legal System

The legal system of the Philippines is a mixture of Islamic law, indigenous systems, Spanish civil
law and American common law

1. Muslim Personal Laws

The Muslim influence was inevitable considering that the Philippines lay between the trade
routes from Borneo to China

Muslim personal laws have been recognized since 19777 and later, autonomous regions were
sanctioned under the Constitution in predominantly Muslim areas.

CONST., Art X, § 16-21

An Autonomous Region now exists in these areas in Mindanao.

Republic Act No. 6734 (1989), as amended by Republic Act No. 9054 (2001)

The creation of the Autonomous Regions was meant to accommodate the demands of Muslims
for meaningful autonomy in the governance of their affairs.
 On March 27, 2014, the Government of the Philippines and the MILF signed the Comprehensive
Agreement on the Bangsamoro (CAB), which ended decades of hostilities.35 The CAB will be the
basis for the Bangsamoro Basic Law that will then govern the Bangsamoro

2. Indigenous and Customary Laws

An Autonomous Region now exists in these areas in Mindanao.9 Indigenous laws may also be
applied under various situations under the Indigenous People's Rights Act.

Republic Act No. 8371 (1997)

National Commission on Indigenous People

the Spanish version of Roman law replaced many indigenous regulations, but to avert native
resistance, the colonial government permitted indigenous peoples to retain their laws as long as
they did not conflict with Spanish traditions

In defeat, Spain ceded the Philippines and other colonies to the United States under the Treaty
of Paris signed in December of 1898. It was at this time that the colonial administration
promoted a gradual shift towards common law, while permitting certain aspects of Roman law
and indigenous traditions to continue.

C. Presidential System and Separation of Powers

D. Judicial Review and Constitutional Supremacy

E. Hierarchy of Courts

III. Legal Principles and Authorities of Laws

A. Sources of Law

1.) According to Character – statute laws vs. case laws

2.) According to Type of Authority – primary vs. secondary authority;

finding tools

3.) According to Role of Authority – mandatory vs. persuasive authority;

non-authority

B. Repositories of Sources of Law

C. Hierarchy of Authorities

D. Supreme Court Decisions

1.) Ratio Decidendi and Obiter Dictum

2.) Rulings Pro Hac Vice

3.) Essential parts of a good decision

4.) The Certification

5.) The Syllabus

6.) The Memorandum Decision

7.) Minute Resolution

8.) Per Curiam Opinion

9.) Majority Opinion

10.) Minority Opinion

11.) Plurality Opinion

12.) Dissenting Opinion and its Function and Value

E. Case Law and Precedent

1.) Jurisprudence Constante

2.) Stare Decisis

3.) Res Judicata

F. Case Briefing and Synthesis

IV. The Legal Research Process and Legal Analysis

A. Legal Research defined

B. Approaches to Legal Research

C. Recommended Steps in Conducting Legal Research

D. Computer-Aided Legal Research

E. Legal Analysis and the IRACC Approach to Legal Analysis

1.) Identify Issues from the FACTS of a legal problem

2.) Determine the Rules or Laws that Apply

3.) Analysis and Application of the rules or laws

4.) Consider the possible Counterarguments to the Analysis of the Issue

5.) Conclude with a summary of the results of the legal analysis

V. Ethics in Research

VI. Attribution and Citation of Sources

A. notes-bibliography style
B. parenthetical citations-reference list style

C. Chicago Style of Legal Citation (or Harvard Bluebook Citation Style)

D. Using Chicago Legal Citation (or Harvard Bluebook Citation Style) in the

Philippine Setting

VII. Introduction to Academic and Thesis Writing

A. Elements of Good Legal Scholarship

1.) CLAIM, which is:

2.) NOVEL

3.) NON-OBVIOUS

4.) USEFUL

5.) SOUND