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UPH Legres Outline

This document outlines the syllabus for a legal research course at the University of Perpetual Help College of Law. It introduces the key concepts of legal research, including the definition and importance of legal research as well as the primary and secondary sources used. It then provides an overview of the Philippine government structure and legal system. The remainder of the syllabus covers researching statutes and case law, Philippine and foreign legal sources, the research process, case briefing, and ethical considerations like plagiarism. Students will be evaluated based on class participation, midterm and final exams. The first assignment is to introduce themselves and their reasons for entering law school, and to discuss their favorite book.

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John Crisostomo
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172 views5 pages

UPH Legres Outline

This document outlines the syllabus for a legal research course at the University of Perpetual Help College of Law. It introduces the key concepts of legal research, including the definition and importance of legal research as well as the primary and secondary sources used. It then provides an overview of the Philippine government structure and legal system. The remainder of the syllabus covers researching statutes and case law, Philippine and foreign legal sources, the research process, case briefing, and ethical considerations like plagiarism. Students will be evaluated based on class participation, midterm and final exams. The first assignment is to introduce themselves and their reasons for entering law school, and to discuss their favorite book.

Uploaded by

John Crisostomo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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University of Perpetual Help

College of Law
LEGAL RESEARCH
First Semester S.Y. 2021-2022
Atty. Maureen Kay E. Patajo, LL.M.

A. INTRODUCTION TO LEGAL RESEARCH


i. Definition of Legal Research
ii. Importance of Legal Research
iii. Sources of Legal Research
1. Primary Sources
2. Secondary Sources and Materials

B. THE PHILIPPINE GOVERNMENT STRUCTURE


i. Pre - Spanish
ii. Spanish Period
iii. American Period
iv. Japanese Period
v. Republic Period
vi. Martial Law Period
vii. Republic Revival
viii. Branches of the Government
1. Executive Department
2. Legislative Department
3. Judicial System
C. THE PHILIPPINE LEGAL RESEARCH
i. Research of Statute Law
1. Laws
a. Constitution
b. Treaties and Other International
Agreements
c. Statutes Proper
d. Administrative Rules and Regulations
2. Plain Meaning Rule
3. Legislative Intent
4. Legislative History
5. Statutory Construction
6. Strict Construction

Cases: Tanada vs. Tuvera, G.R. No. L-63915 April 24, 1985
Tanada vs. Tuvera, G.R. No. L-63915 December 29,
1986
Chapter II Book 3 of Executive Order 292
Josue Javellana vs. The Executive Secretary et.al., G.R.
No. L-36142, March 31, 1973
Miriam Defensor Santiago et.al vs. Commission on
Elections et.al, G.R. No. 127325, March 19, 1997

ii. Research of Case Law


1. Types of Decisions
a. Supreme Court Decisions
b. Court of Appeals Decisions
c. Decisions of Special Courts
d. Decisions of Administrative Agencies,
Commissions and Board
2. Doctrine of Stare Decisis
3. Parts of a Decision
4. Mandatory and Persuasive Authority
5. Obiter Dictum

Case: Velarde vs. Social Justice Society, G.R. No. 159357, April 28,
2004

D. PHILIPPINE LEGAL SOURCES


i. Books and Other Published Legal Materials
1. Case Digests
2. Textbooks
3. Bar Reviewers
4. Legal Periodicals
5. Legal Encyclopedia
6. Law Dictionaries
ii. Electronic Sources
iii. Philippine Legal Publishers

E. FOREIGN LEGAL SOURCES


i. US Case Laws and Statutes
ii. International Law

F. CASE BRIEFING AND SYNTHESIS OF CASES


i. Case Briefing
1. Facts
2. Issue
3. Ruling
ii. Synthesizing of Cases

G. THE RESEARCH PROCESS

i. GATHERING INFORMATION
ii. IDENTIFYING KEY TERMS
iii. LEARNING ABOUT THE AREA OF LAW YOU ARE
RESEARCHING
iv. LOCATING PRIMARY AUTHORITY
1. Finding tools
2. Computer-Assisted Research
v. REVIEWING YOUR SOURCES AND UPDATING
vi. EVALUATE THE RESEARCH AND DETERMINE THE
ANSWER

H. ETHICAL CONSIDERATIONS IN RESEARCH

i. Research Ethics

1. Plagiarism
a. University of the Philippines Board of
Regents et.al. vs. Hon. Court of Appeals,
G.R. No. 134625, August 31, 1999
b. RE: LETTER OF THE UP LAW FACULTY
ENTITLED "RESTORING INTEGRITY: A
STATEMENT BY THE FACULTY OF THE
UNIVERSITY OF THE PHILIPPINES
COLLEGE OF LAW ON THE ALLEGATIONS
OF PLAGIARISM AND
MISREPRESENTATION IN THE SUPREME
COURT", A.M. No. 10-10-4-SC, March 8,
2011

c. IN THE MATTER OF THE CHARGES OF


PLAGIARISM, ETC., AGAINST ASSOCIATE
JUSTICE MARIANO C. DEL CASTILLO.,
A.M. No. 10-7-17-SC, October 15, 2010

ii. Right to Access Information


a. Freedom of Expression and Censorship
b. Freedom of Information
i. Exceptions
ii. Francisco Chavez vs. Presidential
Commission on Good Government
(PCGG) et.al, G.R. No. 130716
December 9, 1998
c. BANTAY REPUBLIC ACT OR BA-RA 7941
et.al vs. Comelec et.al, G.R. No. 177271,
May 4, 2007

iii. Right to Privacy


a. Data Privacy Act
b. Jose Jesus Disini Jr. et.al vs. The
Secretary of Justice, G.R. No. 203335,
February 11, 2014
c. RHONDA AVE S. VIVARES and SPS.
MARGARITA and DAVID SUZARA vs. St.
Theresa's College et.al. G.R. No. 202666
September 29, 2014
iv. Proper citation of sources

Recommended Readings:

 Milagros Santos – Ong (2018). Legal Research and Legal


Citations for the Philippines.
 Editors of Nolo, Legal Research How to Find &
Understand the Law 18th Edition
 Maksidi, Michael & Maksidi, John (LexisNexis 2009).
How to write a case brief for law school: Excerpt
reproduced from Introduction to the Study of Law:
Cases and Materials. Available at:
https://www.lexisnexis.com/en-us/lawschool/pre-
law/how-to-brief-a-case.page

Grading requirement

Class Standing – 30%


Midterm Exam – 30%
Final Exam – 40%

Assignment

1. Introduction, reason for entering law school and


expectations
2. What is your favorite book and why?

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