LEGAL RESEARCH NOTES
Legal research 4. Philippine Mediation Center (PMC)
- is generally the process of finding an answer to a legal question or - non-adversarial process for resolving disputes.
checking for legal precedent that can be cited in a brief or at trial - this process is guided by two skilled neutral third parties referred to
as co-mediators
Why is Legal Research necessary?
- to find law-related information necessary to support legal 5* Shariah Courts (Special Court) Doctrine of Precedent -
decision making. origins in common law
1st Step of Legal Research 3 Concepts
FACTUAL ANALYSIS 1. Stare Decisis - (to stand on what is decided) cases which are
-finding the ultimate fact factually similar must be decided the same way
-the main issue
2. Ratio Decidendi - reason for applying the decision based on WON
5 General Sources of Law (LCDLA) the SC agrees with past decisions.
I. Legal Authorities
II. Common Law and Statutory Law 3. Obiter Dictum - not necessary to the decision
III. Decisions of SC / Jurisprudence / Case Law -from Latin “decire” or “to say, “by the way,”
IV. Legislation and interpretations of the law -not essential but persuasive
V. Administrative Law
IV.LEGISLATION AND INTERPRETATION OF STATUTES
Sources of Law in the Philippines -laws enacted must be in accord with the 1987 Constitution
(Supreme Law)
I. GOVERNMENTAL INSTITUTIONS -statutes fill gaps in the laws
•Legislative
•Executive LEGISLATIVE enacts laws (power of the purse)
•Judiciary EXECUTIVE implements laws (power of the sword)
JUDICIARY interprets laws (power of the pen)
Legal Authorities - Any published source of law setting forth legal rules
and doctrine. STATUTORY INTERPRETATION
-the judiciary interprets the general rules.
Primary and Secondary Sources
Question: If the Legislative branch disagrees with the interpretation of
Primary Sources of Law the Supreme Court, what will they do?
-governmental institutions Answer: Congress can amend, repeal, revise the law.
-laws are binding
Secondary Sources of Law -The persuasiveness of interpretation depends on the facts presented
-statements about the law to the court.
-commentaries -The SC must identify the legislature’s intended purpose for the law.
-treatises -Researchers can use cases from other jurisdictions which can be
-can never be binding but are persuasive applied in PH (ex. Miranda v Arizona)
II. COMMON LAW AND STATUTORY LAW V. ADMINISTRATIVE LAW
- common law - unwritten laws from customs, from England
- statutory law - legal, enacted facts: The Executive Branch of the government is the source of
- common law originated from England and spread to its colonies administrative law.
- Civil law is from the Romans
Government Offices Created by the Constitution
III. DECISIONS OF SC / JURISPRUDENCE -COMELEC, COA, CSC
Philippine Judicial System The Legislative Branch of the government created special laws which
1. Trial Courts (MTC, MCTC, MeTC, RTC, MTCC) established National Administrative Offices (most of which are under
2. Appellate Courts (CA, IAC, CTA) the Executive)
•review claimed errors of law of the lower courts
•they issue decisions that are sometimes published Executive Agencies that exercise adjudicative and legislative functions:
1.DILG
•documents submitted to this court are:
2.DSWD
•Appellant’s Brief, Appellee’s Brief 3.BIR
3. Supreme Court (Court of last resort)
•1 Chief Justice, 14 Associate Justices
•highest authority on questions of law
•highest appellate court
•decides whether a lower court, through a petition for
certiorari, committed a grave abuse of discretion amounting to lack or
excess of jurisdiction (GADALEJ)
Documents Prepared by Parties
-Pleadings (Complaint, Answer, Reply, Rejoinder, Sur Rejoinder)
-asking for main relief
-Motions
-Exhibits (Evidence)
-Transcript of Stenographic Notes (TSN)
