Legal Research

Javier, Sandoval, Teehankee, Temprosa, Tiu

I. Classes of Books

Primary Authority
Consists of the Law itself Cited first and are mandatory authorities Ex: Philippine Reports, Official Gazette, 1987 Constitution,

Secondary Authority
Case or statutory law is restated, criticized, commented, interpreted, or added with personal opinion or view Ex: Bernas 1987 Consti book, SCRA, Law Dictionaries, Legal Digests, Periodicals, Restatement of the law

Search Books
Gives directions where Ex: Indexes, Lex to find the authorities, Libris, Phil Juris whether primary or secondary

II. Classes of Law Books

Case Law
Cases decided by people performing judicial decisions Considered part of the law of the land under the doctrine of stare decisis or adherence to judicial precedents

Parts of a Case
Docket Number and Date of Promulgation Title of the case Syllabi/ headnotes Court a quo where case originated Names of counsels Brief statement of the nature of the case Statement of the facts Issues

Parts of a Case (cont.)

Arguments of the parties in the opinion of the court Decision determining the rights of the parties Judgment/formal order

Governing Principles
Stare Decisis Ratio Decidendi - legal principles laid - reason for the down in a case which decision must be followed in all subsequent cases bearing the same issues - LIMITATION: circumstances changed to warrant a reversal

Statutory Law
Enactments of legislative departments as well as rules and regulations which have the force and effect of law Ex: New Civil Code

Parts of a Statute
Title Preamble Enacting Clause Body Date of Effectivity

Case Law Books

A.) Case Source 1. Supreme Court Rulings a. SCAD b. Official Gazette c. Philippine Reports d. SCRA 2. Court of Appeals

SCAD
Available monthly by subscription from the Court Reporter Shows the G.R. no., Title, Ponente and division Source: Office of the Reporter Publication and Circulation Division

Official Gazette
Official publication of the Government Important for date of promulgation of case be known With index-digest of reported cases Alphabetically by subject matter History

Philippine Reports
When there are 750 pages published in the OG, it is published in the Philippine Reports

SCRA
Published by the Central Lawbook Publishing Company and Central Book Supply, Inc. From 1961- present

Court of Appeals
OG Court of Appeals Reports