LEGAL RESEARCH NOTES

Why is Legal Research necessary? III. DECISIONS OF SC / JURISPRUDENCE

- to find law-related information necessary to
Philippine Judicial System
support legal decision making.
1. Trial Courts (MTC, MCTC, MeTC, RTC, MTCC)
1st Step of Legal Research
2. Appellate Courts (CA, IAC, CTA)
FACTUAL ANALYSIS
- finding the “ultimate fact” • review claimed errors of law of the lower courts
• they issue decisions that are sometimes
- the main issue published
• documents submitted to this court are:
5 General Sources of Law (LCDLA)
• Appellant’s Brief, Appellee’s Brief
I. Legal Authorities
II. Common Law and Statutory Law 3. Supreme Court (Court of last resort)
III. Decisions of SC / Jurisprudence / Case Law • 1 Chief Justice, 14 Associate Justices
IV. Legislation and interpretations of the law • highest authority on questions of law
V. Administrative Law • highest appellate court
• decides whether a lower court, through a petition
Sources of Law in the Philippines
for certiorari, committed a grave abuse of
I. GOVERNMENTAL INSTITUTIONS discretion amounting to lack or excess of
jurisdiction (GADALEJ)
• Legislative
• Executive Documents Prepared by Parties
• Judiciary - Pleadings (Complaint, Answer, Reply, Rejoinder,
Sur Rejoinder)
Legal Authorities - Any published source of law
- asking for main relief
setting forth legal rules and doctrine.
- Motions
Primary and Secondary Sources - Exhibits (Evidence)
Primary Sources of Law - Transcript of Stenographic Notes (TSN)
- governmental institutions
4. Philippine Mediation Center (PMC)
- laws are binding
5* Shariah Courts (Special Court)
Secondary Sources of Law
- statements about the law Doctrine of Precedent - origins in common law
- commentaries 3 Concepts
1. Stare Decisis - (to stand on what is decided)
- treatises cases which are factually similar must be decided
- can never be binding but are persuasive the same way
2. Ratio Decidendi - reason for applying the
II. COMMON LAW AND STATUTORY LAW decision based on WON the SC agrees with past
- common law - unwritten laws from customs, from decisions.
England 3. Obiter Dictum - not necessary to the decision
- statutory law - legal, enacted - from Latin “decire” or “to say,” “by the way,”
facts: - not essential but persuasive
- common law originated from England and spread
IV. LEGISLATION AND INTERPRETATION OF
to its colonies
STATUTES
- Civil law is from the Romans
- laws enacted must be in accord with the 1987
Constitution (Supreme Law)

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LEGAL RESEARCH NOTES

- statutes fill gaps in the laws

LEGISLATIVE enacts laws (power of the purse)

EXECUTIVE implements laws (power of the sword)
JUDICIARY interprets laws (power of the pen)

STATUTORY INTERPRETATION
- the judiciary interprets the general rules.
Question: If the Legislative branch disagrees with the
interpretation of the Supreme Court, what will they
do?
Answer: Congress can amend, repeal, revise the law.

- The persuasiveness of interpretation depends on

the facts presented to the court.
- The SC must identify the legislature’s intended
purpose for the law.
- Researchers can use cases from other jurisdictions
which can be applied in PH (ex. Miranda v Arizona)

V. ADMINISTRATIVE LAW
The Executive Branch of the government is the source
of administrative law.

Government Offices Created by the Constitution

- COMELEC, COA, CSC

The Legislative Branch of the government created

special laws which established National
Administrative Offices (most of which are under the
Executive)

Executive Agencies that exercise adjudicative and

legislative functions:
1. DILG
2. DSWD
3. BIR

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