1.1 | Caution: For any conclusion to be validly drawn, the two cases must in fact be similar on all significant points. Any significant difference may make the conclusion in one case in applicable to another. | ||
1.2 | Example: In People v. X (hypothetical case), the Supreme Court upheld the conviction of a person who had issued bad checks in connection with a financing scheme for the purchase of a car. The case before a particular Judge’s Bench/Court likewise involves bad checks issued by a purchaser under a financing scheme. Conclusion: A conviction is in order. | ||
1.3 | Ruling on the basis of judicial precedent is reasoning by analogy. | ||
1.4 | Procedure: | ||
1.4.1 | Research for a decided case of the Supreme Court that, by heading or topic, deals with the case before you. | ||
1.4.2 | Determine whether or not the fact-pattern in the decided case and in the case before you is the same. | ||
1.4.3 | Determine whether or not the laws cited in the decided case are still in force. | ||
1.4.4 | In case of identity or substantial similarity in fact-pattern, and if the laws cited in the decided case are still in force, apply the rule in the decided case. | ||
1.5 | Analogy may also be the basis for filling in lacunae in the law. | ||
Example: | |||
Ozoa v. Vda. de Madula | |||
An employer who was held subsidiarily liable for the civil liability of an employee in a criminal case wished to appeal from the adverse decision. There is no rule fixing the period for appeal. The Supreme Court applied the same rule governing appeals in criminal cases: fifteen days from notice or promulgation, by filing a notice of appeal.[1] |
2.1 | It is basically the search for an explanation of a pattern. | ||
2.2 | It is the process of reasoning at work in the following and similar situations: | ||
2.2.1 | Impeaching a witness on the basis of previous instances of untruthfulness or unreliability. | ||
2.2.2 | Establishing the status, dignity or worth of a person by the use of character testimony. | ||
2.2.3 | Generalizations about human behavior that enable a court to determine what does or does not conform with human nature and human conduct. | ||
2.2.4 | Generalizations about 'customs' or 'business practices.' | ||
2.3 | Pitfalls of inductive reasoning: | ||
2.3.1 | Hasty generalization; conclusions drawn from an examination of too few samples; cursory and occasional observations do not legitimize a generalization. | ||
2.3.2 | The possibility that a human person may indeed behave in an extraordinary manner or in a way that does not conform to the general pattern of behavior. |
3.1 | The classic form of deductive reasoning is the syllogism: | |
M is P. | ||
S is M. | ||
Therefore: S is P. | ||
All common carriers are bound to exercise extraordinary diligence in the care of passengers and of cargo. | ||
This jeepney is a common carrier. | ||
Ergo: It is bound to exercise extraordinary diligence in the care of passengers and of cargo. | ||
3.2 | It is in virtue of their identity or non-identity with a third term, called the 'Middle term' that the subject and predicate terms of the conclusion are either joined (in affirmations) or separated (as in denials). | |
Example: | ||
Rubio v. People’s Homesite and Housing Corporation | ||
Officials and employees 'under the civil service' whose positions are abolished shall be granted separation pay equivalent to one month’s salary for every year of service. (Section 76, B.P. 337) | ||
Petitioners were officials and employees under the civil service whose positions were abolished. | ||
Therefore: Petitioners are entitled to separation pay.[2] | ||
3.3 | The development of mathematical logic has also allowed for 'formal proofs of validity' of deductive reasoning. | |
Example: | ||
The Rule of 'Modus Tollens' coupled with the Theorems of De Morgan and the Rule of Addition allow the following argument: | ||
If the marriage of Filipinos solemnized abroad is to be considered valid, then it must conform with the laws of the jurisdiction where celebrated the Filipinos must have capacity to contract under our laws. (?) | ||
But Julia was only sixteen at the time of the marriage and therefore lacked capacity. | ||
Therefore: the marriage was not valid. |
3.1 | There is substantial similarity between all other parties. | |
3.2 | The situations are similar. | |
3.3 | The first party is legally and factually entitled to the application of the rule. |
1.1 | "The defendant is liable in damages'. This is an example of a claim. So is: 'The accused is liable for homicide through reckless imprudence'. | |
1.2 | In the first place, the claim must be something the law allows the court to entertain or a relief that laws allow the court to grant. |
2.1 | What facts are advanced by the parties as key facts? | ||
2.2 | What facts are in issue? Which facts directly relate to the issue? | ||
2.3 | Not all facts the parties urge upon the court are key facts. Decisions are unduly long at times because they tackle facts that are not key facts at all. | ||
2.4 | Which facts are key facts also depends on the factual grounds that the law requires to support certain claims. | ||
Example: In suing against a common carrier for the death of a passenger, the law sets forth the key facts for consideration: | |||
a) | Did a contract of carriage exist? | ||
b) | Is the passenger or are the goods in the same condition as they were at the time of the inception of the journey or voyage? | ||
c) | In case not, can the common carrier account for the passenger or for the goods? |
3.1 | Which laws or rules are cited by the parties that allow them to raise their claims on the grounds they advance? | |
3.2 | Are the laws so cited still good law? Have there been repeals or amendments? Are the laws still effective? | |
3.3 | If equity is the warrant for the claim, is equity properly invoked? (Note: Equity can never be invoked to disregard the prescriptions of law.) |
4.1 | Is the interpretation of law acceptable? | |
4.2 | Is it in accordance with judicial doctrine? How has the Supreme Court interpreted the law? | |
4.3 | Does the interpretation satisfy the standards of legal hermeneutics, particularly of statutory construction? |
5.1 | The parties: | ||
5.1.1 | their identities | ||
5.1.2 | their relevant relations | ||
5.1.3 | their litigation statuses: Who is plaintiff? Who is defendant? Who is the intervenor? Who is the cross-claimant? Who is the third-party defendant? | ||
5.2 | Their objectives: | ||
5.2.1 | What is it that they ask of the court? What reliefs do they seek from the court? | ||
5.2.2 | If the objective is procedural (e.g., a writ of injunction), what is the substantive objective that the party pursues (e.g., the abandonment of a construction project)? | ||
5.3 | Their theories: | ||
5.3.1 | Is the defense using the theory of self-defense? Is alibi is being used? Is the accident victim suing on the basis of the contract of carriage or of tort? | ||
5.3.2 | How good are these theories? | ||
5.4 | What are the key facts? | ||
5.4.1 | Which are those facts which, if otherwise, would produce a different result? | ||
5.4.2 | Which are those facts that alter the relations between the parties? | ||
5.4.3 | Which are those facts that create new rights or impose new obligations? | ||
5.5 | What are the issues? | ||
5.5.1 | What are the issues of fact? What are the issues of law? | ||
5.5.2 | It is at pre-trial that the issue should be definitely set forth. | ||
5.5.3 | It is the issues that became the basis of determining relevance or irrelevance of evidence |
1.1 | Use of Single Words in Place of Several Words | ||||
(1) | like | - | along the lines of | ||
(2) | when | - | at the time at which | ||
(3) | help | - | be of help to | ||
(4) | by | - | by means of | ||
(5) | while | - | during the time that | ||
(6) | by | - | in accordance with | ||
(7) | although | - | notwithstanding the fact that | ||
(8) | until | - | until such time as | ||
(9) | now | - | at this point in time | ||
(10) | want | - | have the desire to |
1.3 | Spell Words Correctly | ||||
(1) | Reglementary not reglamentary | ||||
(2) | Motu proprio not motu propio | ||||
(3) | Illegible not ilegible | ||||
(4) | Unappealable not inappealable | ||||
(5) | Accessible not accessable |
1.4 | Verbs not followed by prepositions | ||||
The following verbs are not followed by prepositions: | |||||
(1) | furnish | - | not furnish with a copy | ||
(2) | request | - | not request for a copy | ||
(3) | explain | - | not explain about | ||
(4) | await | - | not await for the Judge | ||
(5) | seek | - | not seek for assistance | ||
(6) | climb | - | not climb up | ||
(7) | join | - | not join together | ||
(8) | start | - | not start out | ||
(9) | use | - | not use up | ||
(10) | mounted | - | not mounted up the horse |
(a) | Change adjectives into nouns. Instead of writing 'What impressed me most was the fact that he was very frank.' (12 words), write 'What impressed me most was his complete frankness' (8 words) | ||||||||||||||||
(b) | Change adjectives into adverbs. Instead of 'The crowd cheered in a way that was wild.' (9 words), write 'The crowd cheered wildly.' (4 words) | ||||||||||||||||
(c) | Change verbs into nouns and use gerunds. A verb-noun ending in '-ing' is called a gerund. Instead of 'Often the beauty of a dress lies in the way it is worn.' (12 words), write 'Often the beauty of a dress lies in the wearing.' (10 words) | ||||||||||||||||
(d) | Change verbs into adjectives. Use the suffixes '-able,' '-ed.' And '-ing' to change verbs into adjectives. Instead of writing 'That was a play you could really enjoy seeing.' (8 words), write 'That was really an enjoyable play.' (6 words) | ||||||||||||||||
(e) | Use the infinitive phrase instead of a clause beginning with 'that' or 'so that.' Instead of writing 'Open the window so that you get some fresh air.' (10 words), write, 'Open the windows to get some fresh air.' (8 words) | ||||||||||||||||
(f) | Remove words like 'who has' or 'which is' in relative clauses. Instead of writing 'Our neighbor, who was the mayor of the town, was always very friendly to us.' (15 words), write 'Our neighbor, the town mayor, was always very friendly to us.' (12 words) | ||||||||||||||||
(g) | Use word-saving syllables. There are some syllables that can take the place of several words. Examples are 'y,' 'full' and 'less' that can turn clauses into adjectives. | ||||||||||||||||
Instead of 'Let’s go over to the side of street that is in the shade.' (14 words), write 'Let’s go over to the shady side of the street.' (10 words) | |||||||||||||||||
You left out the words 'side of the ' and 'that is in' and added the syllable 'y' to 'shade'. | |||||||||||||||||
Instead of 'We were greeted with a smile that was full of joy.' (11 words) write 'We were greeted with a joyful smile.' (7 words) | |||||||||||||||||
Instead of 'A little hall that has no windows makes a good darkroom.' (11 words), write 'A little windowless hall makes a good darkroom.' (8 words) | |||||||||||||||||
Other word-saving syllables are: '-ment' (as in astonishment); '-ion' (as in creation), '-ize' (as in modernize); and '-fy' (as in fortify) | |||||||||||||||||
There are combinations of these syllables, like '-izement' (as in aggrandizement) or '-fication (as in fortification) | |||||||||||||||||
(h) | Use a single adjective to do the word of a phrase (a brave man for a man of bravery). There are cases, however, when the phrase is better that the single word as when it yields emphasis or rhythm. (A thing of beauty instead of beautiful thing) | ||||||||||||||||
(i) | Delete redundant or unnecessary words. Avoid redundant words. | ||||||||||||||||
| |||||||||||||||||
(j) | Use short words, which are usually clearer, crisper, and more exact. If you have a choice between a short and a long word conveying the same meaning, use the former. But when a longer word is clearer and more exact, by all means, use it. | ||||||||||||||||
(k) | Be consistent in using the same word for the same idea. Once you use a word in a writing, do not use its synonyms in the subsequent portions thereof, for the reader will be wondering if you are changing the sense of what you have said before. |
(a) | Do not use 'while,' in place of 'although.' |
Although he does not have all the answers, he does know the questions. (With 'while,' the sentence can mean during the time he does not have the answers.) | |
(b) | Do not use 'as' in place of 'because.' |
He cannot finish the brief this week because he is going to Tokyo. (With 'as,' the sentence can mean that he cannot finish the brief during his trip). | |
(c) | Do not use 'since' in place of 'because.' |
Because he has talked with the lawyer, we have decided they are serious. (With 'Since' instead of 'Because,' the sentence can refer to time, i.e., 'Since the day he talked with the lawyer,…') |
(a) | State the points to be emphasized in concrete and specific terms. The minds of the readers respond more readily to the specific, the tangible, and the concrete. Conversely, the use of abstract terms serve to de-emphasize a point. A hungry man is not interested in an academic discussion, like nutrition or nourishment; uppermost in his mind are sizzling steak, crispy pata, or hamburger. |
(b) | Place the more important part in a prominent position, which is either the beginning or the end of the sentence. |
(c) | Transitive words shall not be placed at the beginning or end of a sentence, unless the sentence is very short. |
(d) | The main thought in the sentence should be put in the main clause in order to be emphasized. |
(a) | Use balance structures. Unlike using similar words as in parallelism, a balance structure uses words which are roughly of the same length and which sound rhythmical to the reader’s ear. Rhythmic pattern within sentences increases readability. The Bible uses abundantly the device of balance structure. |
(b) | Another way of attaining a rhythmic flow or sequence of sound is the use of an alternation of stressed and unstressed syllables. |
· | More specially | - | Nothing is more special than "specially." |
· | Protracted delay | - | "Protracted" means "delay". "Protracted hearing" and "protracted negotiations" are however correct. |
· | Actual facts | - | All facts are actual. |
· | Present incumbent | - | "Incumbent" means one who holds office at the present time. |
· | Unauthorized trespassing | - | All trespassing are unauthorized. |
· | Wrong | : | Lying in the sun, the day was clear. |
· | Correct | : | Lying in the sun, I enjoyed the clear day. |
· | Wrong | : | The long arm of the law smelt the criminals in their hideouts. |
· | Correct | : | The long arm of the law caught the criminals in their hideout. |
(a) | Avoid choppy sentences that read like telegrams. | |||||||||||||||||||||||||||
(b) | Avoid boring and bland sentences. A writer can easily detect these sentences once he reads them. | |||||||||||||||||||||||||||
(c) | Avoid run-on sentences that do not know where to stop. | |||||||||||||||||||||||||||
(d) | Avoid beginning or ending a sentence with weak and relatively unimportant words or ideas. This is where the attention of the reader is most keen. Reserve the beginning position for the more emphatic word. There are times when a transitional word like 'and' or 'but,' ordinarily weak words, have to be placed at the beginning of a sentence for emphasis. | |||||||||||||||||||||||||||
(e) | Avoid continuous use of only one kind of sentence structure. Intersperse long sentence among short sentences, compound sentences among single sentences, sentences with modifiers at the end among sentence with modifiers at the beginning or in the middle. | |||||||||||||||||||||||||||
(f) | Avoid shopworn quotations or proverbs. | |||||||||||||||||||||||||||
(g) | Avoid ambiguity in sentences. | |||||||||||||||||||||||||||
Does the sentence 'Jose plays the piano as well as Juan.' mean that Jose’s playing is as good as Juan’s or simply that he too plays the piano? | ||||||||||||||||||||||||||||
Does the sentence 'The College President and the Dean of Women have decided to stop kissing in the campus.' mean that the two had been kissing in the campus before or that students had been the ones doing the kissing? | ||||||||||||||||||||||||||||
Does the traffic sign 'No parking on both sides' mean that cars can park on the street as long as they use only one side of the street or that they cannot park on any side of the street? | ||||||||||||||||||||||||||||
Express your thoughts in affirmative, not negative sentences. | ||||||||||||||||||||||||||||
(h) | Avoid mixed or mangled metaphors (e.g., 'The proof of the pie is in the pudding.' instead of 'The proof of the pudding is in the eating.' | |||||||||||||||||||||||||||
(i) | Sentences should vary in length. Using several short sentences in succession or in a row can create an impression of an impatient, angry tone. Using only short sentences makes the writing monotonous. | |||||||||||||||||||||||||||
In this connection, use periodic sentences only for emphasis. A periodic sentence is so constructed that the emphatic word is placed at the end of the sentence and its full meaning is not initially apparent. The reader is kept in suspense. | ||||||||||||||||||||||||||||
(j) | Put the point to be emphasized in a short sentence. Such sentence is easier to read and makes a stronger statement. But do not use several emphatic sentences in a row because this can cause an impression of an impatient, angry tone. | |||||||||||||||||||||||||||
(k) | Use the active voice. It does not only shorten but strengthens the sentence. | |||||||||||||||||||||||||||
(l) | Use balanced sentences. A balanced sentence is one in which related action, description or ideas are presented in the same form. | |||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||
(m) | Do not use compound sentences if simple sentences can explain your thoughts better. Of course, there are cases when using compound sentences will produce a fuller expression of the message you want to convey. | |||||||||||||||||||||||||||
(n) | Do not use long sentences. Neither should you use very short, telegraphic sentence, except for emphasis. | |||||||||||||||||||||||||||
(o) | End your sentences swiftly and effectively. Put significant words at the end of the sentences and avoid prepositions as much as possible in the final position. |
1.1 | Gathering the facts; | |
1.2 | Analyzing the facts; | |
1.3 | Identifying the legal issues raised by the facts; and | |
1.4 | Arranging the legal issues in a logical order for research. |
T | THING or SUBJECT MATTER in controversy – | ||
Property? Will? Automobile? Contract? | |||
A | CAUSE OF ACTION or GROUND OF DEFENSE | ||
Breach of contract? Negligence? Torts? Estopel? Impossibility of performance? | |||
R | RELIEF SOUGHT | ||
Civil suit for damages? Injunctive or declaratory relief? Abatement of nuisances? Rescission of contract? | |||
P | PARTIES, PERSONS, PLACES | ||
Do they fit within a group or class – Infancy or incapacity? | |||
Relationship between parties – husband & wife? | |||
Employer employee? Attorney & client? doctor & patient? | |||
Landlord and tenant? | |||
Commercial activities or professional activities - | |||
Insurance? Banking? medicine? Shipping? |
1.5.1 | Finding the Law | ||
1.5.2 | Reading the Law | ||
1.5.3 | Updating the Law |
2.1.1 | Specialized approach | |||
2.1.2 | Words and phrases or definition approach | |||
2.1.3 | Generalized approach through | |||
2.1.3.1 | encyclopedias | |||
2.1.3.2 | treatises/textbooks | |||
2.1.3.3 | law reviews | |||
2.1.3.4 | other secondary legal sources | |||
2.1.4 | Or Utilizing One of Four Methods | |||
2.1.4.1 | Index/Descriptive word or fact word approach | |||
2.1.4.2 | Known authority/statute or case method | |||
2.1.4.3 | Known topic/table or contents or analytical method | |||
2.1.4.4 | Definition method |
4.1 | Sources of Law | |||
4.1.1 | Primary Materials | |||
These consist of the law itself, as expressed in the provisions of the Constitution, statutes, courts decisions, etc. They are mandatory authorities and are cited first. Materials are classified into: | ||||
4.1.1.1 | Statute law | |||
4.1.1.2 | Case law |
4.1.2.1 | Books of Search | ||
a | Annotated Reports/Statutes with annotations as secondary authority | ||
- | Supreme Court Reports Annotated (SCRA) | ||
Consult the Index to SCRA Annotations, Volumes 1 – 287 (1961-1998) published by the U.P. Institute of Judicial Administration or the SCRA annotations on individual subject fields which are published separately by the Central Law Book Co. | |||
- | Philippine Annotated Laws (PAL) | ||
- | American Law Reports (ALR) | ||
- | U.S. Code Annotated (USCA) | ||
- | U.S. Code Service (USCS) | ||
b | Loose-leaf Services | ||
- | U.S. Law Week | ||
- | Publications of the Commerce Clearing House and Prentice Hall deal on labor law, taxation, etc. | ||
c | Encyclopedias | ||
- | Corpus Juris Secundum (CJS) | ||
- | American Jurisprudence (Am. Jur.) | ||
4.1.2.2 | Books of Index | ||
a | Books of Definitions | ||
- | Moreno, Philippine Law Dictionary | ||
- | Sibal, Philippine Legal Encyclopedia | ||
- | Black’s Law Dictionary | ||
- | Ballentine’s Law Dictionary | ||
- | Bouvier’s Law Dictionary | ||
- | Stroud’s Judicial Dictionary of Words and Phrases. (4th ed., 1974). 5 v. | ||
- | Words and Phrases. 45 v. | ||
- | Consult digests under the term 'words and phrases' | ||
b | Digests | ||
- | Martinez, Summary of Supreme Court Rulings | ||
- | Philippine Digest/Republic of the Philippine Digest | ||
- | SCRA Quick Index Digests | ||
- | Case Digests of Supreme Court Decisions published by the Supreme Court. | ||
- | American Digest System (topic, case and descriptive approach) Decennial Digests up to the 10th Decennial Digests, 1986 – 1996 are published every 10 years, with the current volume entitled General Digests in three to four volumes per year | ||
- | ALR Digest, 1st to 4th series | ||
c | Citations | ||
- | Dizon’s Philippine Citations (1937) | ||
- | Paras, Philippine Citations | ||
- | Shepard’s Citations to various U.S. federal, state reports and particular National Reporter Series. | ||
d | Form-books/practice books | ||
- | Tañada & Rodrigo, Philippine Legal Forms | ||
- | Guevara, Philippine Legal Forms, Annotated | ||
- | Fisher’s Philippine Business and Legal Forms | ||
- | Sia, Legal Forms in English and Filipino | ||
- | Martin, Handbook of Legal in Judicial Forms | ||
- | Peña, Legal Forms in Real Estate Conveyancing | ||
- | American Jurisprudence Legal Forms Annotated, 1953 – 1963 | ||
- | 14 v. in 15. 2nd edition, 1971 – 1974. 22 v. in 20 | ||
- | American Jurisprudence Pleadings and Practice Forms | ||
- | Rabkin & Johnson, Current Legal Forms, with Tax Analysis. 12 v. in 22. | ||
e | Indexes | ||
- | Magsino’s Compendium of Philippine Jurisprudence; Supreme Court Decisions form 1945-1980 | ||
- | Supreme Court Library Service, Subject Index to the Official Gazette (1945-1985. 2 v. (1993) | ||
f | Tables | ||
- | National Reporter Blue Book | ||
4.1.2.3 | Opinions of Legal Experts | ||
4.1.2.4 | Other State & Foreign Sources | ||
- | Example: U.S. jurisprudence in Constitutional Law | ||
5.1.1 | 1935 Constitution | |||
- | V. 1 and 2 of Philippine Annotated Laws (PAL) | |||
- | S. Laurel, Proceedings of the Philippine Constitutional Convention, 1966. 7 v. (sponsor, subject and provision approaches) | |||
- | Constitutional Convention Records, 1966. 11 v. (House of Rep. ed.) | |||
- | Journal of the Constitutional Convention of the Philippines (ed. by V.J. Francisco), 1961-65. 5 v. | |||
- | Philippine Lawyers Association, Philippine Constitution, origins, making, meaning and applications, 4 v. (Subject approach) | |||
5.1.2 | 1973 Constitution | |||
- | Con-con Archives in the U.P. Law Library through its indexes | |||
5.1.3 | 1987 Constitution | |||
5.1.3.1 To know how certain provisions in the 1987 Constitution were interpreted by its framers, it is best to consult the five-volume Records of the Philippine Constitutional Commission and its three-volume Journals. Access can be had to these by using the computerized index in the U.P. Law Library arranged according to the number of the Article of the provision, subject and name of the sponsor/discussant. | ||||
5.1.3.2 | Secondary sources: | |||
- | Bernas, Joaquin, The 1987 Constitution of the Republic of the Philippines 1988. 2 v. | |||
- | Cruz, Isagani A., Philippine Constitutional Law (1997). | |||
- | Padilla, Ambrosio B, The 1987 Constitution of the Philippines with Comments and Cases, Manila, Philippine Graphic Arts, 1987. 2 v. | |||
5.2 | Treaties and International Agreements | |||
5.2.1 | Texts of treaties to which the Philippines is a party are published in the: | |||
- | Official Gazette (O.G.) | |||
- | Philippine Treaty Series (PTS) published by the U.P. Law Center | |||
- | United Nations Treaty Series (U.N.T.S.) | |||
5.2.2 | Indexes: | |||
- | Philippine Treaties Index, 1946-1982 published by the Foreign Service Institute. Divided into two sections: Bilateral Treaties arranged alphabetically by country or international agency; and Multilateral Treaties arranged alphabetically by subject. | |||
- | Index to U.N.T.S. is published for every 100 volumes and can used thru its alphabetical and chronological indexes. | |||
- | U.N. Multilateral Treaties Deposited with the Secretary-General; Status as of 3 Decmber 1997. This is published every three years. | |||
- | International Legal Materials (Published by the American Society of International Law) Contains recent treaties and conventions as well as decisions dealing on international law. |
5.3.1 | Terminology of Statutes: | |||
- | -Acts or Public Acts (1900-1935) - 4,275 laws | |||
- | Commonwealth Acts (1936-1946) - 733 laws | |||
- | Republic Acts (1946 – Sept. 21, 1972) - 6,635 laws | |||
- | Presidential Decrees (Sept. 21, 1972 – Feb. 20, 1986) - 2,035 laws | |||
- | Batas Pambansa (July 23, 1984 – Feb. 1, 1986) - 891 laws | |||
- | Executive Orders (Feb. 23, 1986 – July 26, 1987) - 302 laws | |||
- | Republic Acts (July 27, 1987 to present) | |||
- | RA 6636 to R.A. 8800 (July 19, 2000) which is the Safeguard Measures Against Import Surge Act - 2,156 laws | |||
5.3.2 | Indexes | |||
- | Philippine Annotated Laws, 20 v. and 1963 Suppl. 4 v. | |||
- | Albert & Daga, Philippine Laws Made Easier to Find. 1954 | |||
- | U.P. Law Center, Philippine Permanent and General Statutes (PPGS) (Revised ed., 1978). 5 v. | |||
- | Moran’s Index to Republic Acts with 1957 Suppl. | |||
- | Office of the President, Presidential Decree Guide & Subject Index, Nos. 1-1,000. 1976 | |||
- | Feliciano, Subject Guide to Presidential Decrees and other Presidential Issuances 1972-1975. With 4 Supplements July 1975-1986 by M. Feliciano & A. Santos | |||
- | Vital Legal Documents Index Guide, 1976. | |||
- | Juan Rivera, Index to Republic Acts, 1946-1965 | |||
- | V. Aguirre, Subject & Title Index to Executive Orders Feb. 25, 1986-July 26, 1987. | |||
- | B.C. Arroyo & P.S. Frianeza, Topical Index to 1987 Presidential Issuances February 25, 1986-July 26, 1987, U.P. Law Center, 1987-1990 2 v. | |||
- | Current Legal Resources Services Bulletin, weekly update of Philippine laws, Supreme Court Decisions and Administrative Rules and Regulations, no. 1, 2000 | |||
- | Computer Assisted Legal Research with such products as LEX LIBRIS and PHILJURIS | |||
5.3.3 | Texts | |||
- | Philippine Annotated Laws (PAL) | |||
- | Philippine Permanent and General Statutes U.P. Law Center, 5 v. | |||
- | Official Gazette (O.G.), v. 1, 1902 to date | |||
- | Public Laws Passed by the Philippine Commission. 31 v. | |||
- | S. Guevara, Public Laws Annotated, 7 v. | |||
- | S. Guevara, Commonwealth Acts Annotated. 3 v. | |||
- | Jacobo & Sons. Public Laws of the Commonwealth. 4 v. | |||
- | Laws and Resolutions of the Republic of the Philippines, 1946-1972; 1987 to date | |||
- | 1986 & 1987 Presidential Issuances; An Annotated Compilation of Executive Orders, Proclamations, Memorandum Circulars and Administrative Orders, edited by B.C. Arroyo & P.S. Frianeza, U.P. Law Center, 1987-1990. 2 v. | |||
- | Vital Legal Documents of the New Society. 114 v. | |||
- | Acts and Resolutions passed by the Batasang Pambansa, 1978-1986. 6v. | |||
- | Computer Assisted Legal Research through LEX LIBRIS & PHILJURIS (does not contain laws prior to 1946) | |||
5.3.4 | Legislative History of Laws | |||
To determine legislative intent, there are two approaches: | ||||
5.3.4.1 | Use the index to the Congressional Record or Journal | |||
5.3.4.2 | Use History of Bills and Resolutions of the House of Representatives or Senate volume which is arranged numerically by bill no. Examples: | |||
H. No. S. No. P.B. No. C.B. No. | ||||
Locate the date of the second reading where the debates/discussions on the law are reproduced. | ||||
5.4 | Administrative Regulations and Rules | |||
5.4.1 | The text of Administrative Regulations are found in the: | |||
- | Official Gazette | |||
- | The National Administrative Register, v. 1. 1990 to date (quarterly) | |||
- | Publications of particular administrative agencies such as: | |||
- | SEC Folio, 1946-1976 | |||
- | SEC Bulletin | |||
- | Civil Service Reporter | |||
- | Financial Journal | |||
- | Central Bank Annual Reports and Compilations | |||
- | Implementing Rules and Regulations the Labor Code | |||
- | Comprehensive Agrarian Reform Program and Presidential Issuances | |||
- | Dangerous Drugs Board Regulations | |||
- | Omnibus Investment Code and Implementing Rules | |||
- | Insurance Reporter | |||
- | LEX LIBRIS has CD-ROMs on: Taxation; Local Autonomy and Local Government; Labor and Social Legislation; Election Law; Trade, Commerce and Industry; and Environment and Natural Resources; Department of Justice Opinions of the Secretary. Each thematic disc contains laws, administrative regulations and decisions of the Supreme Court. | |||
5.4.2 | Digests and indexes are provided by Current Legal Resources and Services; and Weekly Bulletin, issue number 1 of which was published in 2000. | |||
5.5 | Ordinances | |||
5.6 | Court Rules | |||
5.6.1 | Revised Rules of Court (1965) | |||
- | 1991 Revised Rule on Summary Procedure, as amended | |||
- | 1997 Rules of Civil Procedure | |||
- | 2000 Rules of Criminal Procedure | |||
- | Supreme Court issuances are compiled in Supreme Court Circulars, Orders, Resolutions (Supreme Court Printing Service, Oct. 1999). It consists of: Part I: 1973-1989; Part II: 1990-1999 with subject index | |||
5.7 | Military Rules | |||
6. | Researching in Case Law | |||
6.1 | Case Law is divided into: | |||
6.1.1 | Conventional decisions – all rulings made by regularly or specially constituted courts. | |||
6.1.2 | Subordinate decisions – all rulings made in accordance with law by administrative and legislative tribunals | |||
6.2 | Supreme Court Decisions | |||
Court decisions are collected chronologically in volumes called case reports, and summarized by subject matter in reference works called case digests. | ||||
6.2.1 | Texts of Supreme Court Decisions | |||
- | Philippine Reports, v. 1, 1901 – | |||
- | Official Gazette, 1901 to date. | |||
- | Supreme Court Reports Annotated (SCRA), | |||
- | v. 1, 1961 (v. 307, May, 1999 published to date) | |||
- | Supreme Court Unpublished Decisions; 1946-1960. (D.G. Nitafan, comp.) v.1, March, 1946 - March 1952 & v.2, March 12, 1952 -March 30, 1954. | |||
- | Computerized legal resources | |||
- CD-ROM products like LEX LIBRIS and PHILJURIS | ||||
- The official website of the Supreme Court, www.supremecourt.gov.ph contains most recent decisions | ||||
6.2.2 | Subject Approach | |||
- | Case Digests of Supreme Court Decisions. v. 1, 1989 - Quarterly. (Published by the Supreme Court). | |||
- | D. Martinez, Summary of Supreme Court Rulings, 1986 – 1996. Published annually in three to four volumes, it is arranged according to the eight bar subjects and "Research Aid" in every topic gives previous decisions on the subject matter. | |||
- | C.L. Magsino, Compendium of Philippines Jurisprudence (Supreme Court Decisions from 1945 to 1980). 9 v. with two-volume 1989 Supplement. | |||
- | SCRA Quick Index – Digest, 1961 – 1976. 5 v. with annual Indexes | |||
- | Philippine Law Report, 13 v. 1, 1974 to date, published monthly | |||
- | Republic of the Philippines Digest 18 v. with 10 v. (1967-1971) Supplements. | |||
- | Velayo’s Digest of Supreme Court and Court of Appeals Decisions. new series. (1942-1960). 25 v. with annual supplements, 1961-1977. | |||
- | Current Legal Resources and Services; Weekly Bulletin, no. 1, 2000 - | |||
6.2.3 | Case Approach | |||
- | Philippine Digest. V. 6, 9, 11 & 13. | |||
- | Republic of the Philippine Digest. v. 8, 18 and Supplement to volume 18. | |||
- | Santos-Ong, Title Index to Supreme Court Decisions, 1945-1978. 2 v. with 1978-1982 Supplement. | |||
- | Aguirre, Title Index to Supreme Court Decisions 1982-1985. | |||
- | LEX LIBRIS and PHILJURIS | |||
6.3 | Court of Appeals Decisions | |||
6.3.1 | Texts | |||
- | Official Gazette (selected decisions only) | |||
- | Court of Appeals Reports New Series. 24 v. (1961 – 1979) | |||
- | Court of Appeals Reports Annotated (CARA). v. 1, 1986 | |||
6.4 | Other Courts | |||
- | Sandiganbayan Reports, v. 1, 1979. | |||
6.5 | Decisions of Administrative Agencies and Boards. | |||
- | SEC Decisions, 1977-1981 | |||
- | COA Decisions | |||
- | Rivera, Decisions of The Civil Service Board of Appeals, 1941-1960 | |||
6.6 | American Setting | |||
6.6.1 | U.S. Federal Supreme Court Decisions | |||
- | U.S. Reports | |||
- | U.S. Supreme Court Reports, Lawyers Ed. | |||
- | Supreme Court Reporter (West Pub.) | |||
- | U.S. Law Week | |||
6.6.2 | Federal Appellate and District Courts Decisions | |||
6.6.2.1 | Texts: | |||
- | Federal Reporter | |||
- | Federal Supplement | |||
6.6.2.2 | Indexes: | |||
- | U.S. Supreme Court Digest | |||
- | American Digest System | |||
- | ALR Digest | |||
- | Federal Law Digest | |||
6.6.3 | State Courts Decisions – 50 states | |||
6.6.3.1 | Texts: | |||
- | Official State Reports | |||
- | National Reporter System | |||
6.6.3.2 | Indexes: | |||
- | American Digest System | |||
- | State Digests | |||
- | Legal Research | |||
- | LEXIS | |||
- | WESTLAW | |||
- | FIND LAW | |||
7. | Reading The Law | |||
7.1 | Internal Evaluation through: | |||
7.1.1 | Surveys | |||
7.1.2 | Legal Periodicals | |||
7.1.3 | Annotations | |||
7.1.4 | Loose-Leaf services | |||
7.1.5 | Treaties | |||
8. | Updating The Law | |||
- | Shepards Citations | |||
- | Paras/Dizon’s Citations | |||
- | RP Digest Citator Volume | |||
- | Computer-Assisted Legal Research |