Scribd
Upload
200 views

Legal Research Lecture Notes

The document provides definitions and overviews of legal bibliography and legal research. It also outlines the historical evolution of Philippine law from the pre-Spanish period to the present, covering major periods like the Spanish, American and Japanese occupations.

Uploaded by

FrancisJosefTomotorgoGoingo
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
200 views

Legal Research Lecture Notes

The document provides definitions and overviews of legal bibliography and legal research. It also outlines the historical evolution of Philippine law from the pre-Spanish period to the present, covering major periods like the Spanish, American and Japanese occupations.

Uploaded by

FrancisJosefTomotorgoGoingo
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 4

Legal Research Lecture Notes

I. Introduction

Definition of Legal Bibliography

The study of contents, descriptions, and histories of law books


including their authoritativeness, authors, publishers, editions,
dates of publication, and copyrights.
The science that deals with the description and history of books
pertaining to law, including details of authorship, editions, dates
of publication, as well as their contents and appearance.
Description and History of Law Books
o Encompasses Knowledge on the characteristics of a law
book, such as its description and history, and provides legal
scholars the proper context and perspective, not only in
locating and identifying legal publications-but also in
evaluating the same.
Authorship
o Books may be written by following kinds of author:
Individual/set of individuals
Under auspices of an entity, either public (government
publication), or private
A compilation of various articles contributed by
several individuals, to be edited by a person or group
of editors
Edition
o Issues of a law book published once, with subsequent
editions.
Permanent Edition: Term for the first edition,
published in expectation of forthcoming supplements.
Philippine Publication: Term for a local
publication of an adaptation of a foreign publication to
suit a local regime
May serve to indicate how elaborate or costly the
publication is, e.g. deluxe edition
Publication
o Publisher of the book, as well as the date and place of
publication.
Content
o Substantial features of the book
o Preface, Introduction, Table of Contents, Table of Statutes
and Cases, Table of abbreviation, other tables, graphs, and
charts, etc.
Appearance
o Refers to physical characteristics of a law book

Definition of Legal Research


The inquiry and investigation necessary to be made by
legislators, judges, lawyers, and legal writers in the performance
of their respective legal functions.
Traditionally concerned with the method or system by which the
inquiry and investigation may be successfully accomplished
involving the actual use of law books.
The process of finding the laws, rules, and regulations that
govern activities in human society. It also includes locating both
the laws and rules which are enforced by the state and the
commentaries which explain or analyze these rules.

Legal Bibliography vis--vis Legal Research

The first gives the available books and materials; the other tells
how to locate and use them.
If legal bibliography is the science that deals with the study of
the materials essential to the legal inquiry of the researcher, and
legal research is the method or system of inquiry and
investigation involving the actual use of the law books, then the
functional counterpart of legal bibliography is legal research, the
former being a science, the latter an art.

II. Overview of the Historical Evolution of Philippine Law

The Pre-Spanish Period


Spanish Period
American Period
Japanese Occupation
Philippine Republic
Martial Law Period
EDSA Revolution up to the present

Pre-Spanish Period
o Time before Ferdinand Magellan set foot in Philippine soil in
1521
o Around the Stone Age, intrepid Indonesian and Malay
migrants came in waves to the Philippines and set up
barangays in the rich deltas of the archipelago.
o Each barangay was independent and a self-sustaining
political unit
o Barangay Chief: Datu
o Barangay grouping Chief: Raja
o The early Filipino chiefs made laws in consultation with
the lesser chiefs. Most of the laws were unwritten, handed
down by word of mouth from generation to generation, and
evolved into native customs and traditions. This is
customary law.
o Justice System in Barangays:
The datu, assisted by the elders in the community,
presided over the court. Cases were settled through
mediation and generally ended up in a compromise.
If parties could not agree, a public hearing was held.
Spanish Period
o 333 years
o From arrival of Miguel Lopez de Legazpi to establishment
first settlement in Cebu
o Spain ruled the Philippines from Mexico through the Council
of Indies in Spain. The Council exercised executive,
legislative, and judicial powers. The King of Spain, through
Royal Decrees, exercised legislative powers over the
colonies. In addition to these royal decrees and orders,
certain laws with general application were extended to the
Philippines
o Royal Audiencia
In the city of Manila on the Island of Luzon, Head of the
Philippines, shall reside another Royal Audiencia and
Chancellery of ours, with a president, who shall be governor
and captain general; four judges of civil cases [oidores], who
will also be judges of criminal cases [alcaldes del crimen]; a
crown attorney [fiscal]; a bailiff [alguacil mayor]; a lieutenant
of the Gran Chancellor; and the other necessary ministers and
officials; and which shall have for district said Island of Luzon,
and the rest of the Philippines, the Archipelago of China, and
its Mainland, discovered and to be discovered. And we order
that the governor and captain general of said Islands and
Provinces, and president of their Royal Audiencia, have
exclusively the superior government of the entire district of
said Audiencia in war and peace, and shall make provisions
and favors in our Royal Name, which in conformity to the laws
of this Compilation and the rest of the Kingdoms of
Castile and the instructions and powers that We shall grant,
he should and can do; and in gubernatorial matters and cases
that shall arise, that are of importance, said president-
governor should consult on them with the judges of said
Audiencia, so that they give their consultive opinions, and
having heard them, he should provide the most convenient to
the service of God and ours and the peace and tranquility of
said Province and Republic.

American Period
o Beginning from cession of the Philippines by the Spanish
Crown to the United States, formalized in the Treaty of Paris
on December 10, 1898.
o Marks the evolution of law-making process under a
constitutional government.
o Military Government
From August 13, 1898 to September 1, 1900, the
Military Governor exercised all the powers of
government in the Islands, incuding legislative power.
Philippine Commission later assumed the legislative
functions of the military governor, thus paving the way
for a dichotomous

You might also like