LEGAL RESEARCH the exercise of powers underlying the

existence of all governments on the time-

honored principles of salus populi est
I. Introduction suprema lex. (Calalang v. Williams)

a. Definition of Terms: Research; Legal o Civil Law – a mass of precepts that

Research; Law (Political Law, Labor and determine and regulate the systems,
Social Legislation, Civil Law, Taxation Law, authorities, and obedience among the
Mercantile Law, Criminal Law, Remedial members of the family, and those which
Law, Legal Ethics); Statute; Bill; Republic exist in society for the protection of private
Act; Constitution; interest. (Sanchez Roman)
• Law – is a rule of conduct formulated and made o Taxation Law – is that branch of law which
obligatory by the legitimate power of the state deals with the inherent power of the
sovereign, exercised through the legislature,
• Political Law – is that branch of public law which to impose burdens upon the subjects and
deals with the organization and operation of the objects within its jurisdiction, for the
governmental organs of the State and defines the purpose of raising revenues to carry out the
relations of the States with the inhabitants of its legitimate objects of the government.
territory (People v. Perfecto)
o Mercantile Law – is that branch of private
• Labor and Social Legislation – law which regulates the juridical relations
arising from commercial acts and according
o Labor Law – is that branch of law which to which the questions or controversies
governs the rights and obligations of which may arise therefrom are resolved
employers and employees and provides the (Vivante’s Institutiones p. 3)
rules for which such rights and obligations
may be enforced. o Criminal Law – is that branch of public law
which defines crimes, treats of their nature
o Social Legislation – means the promotion and provides for their punishment.
of the welfare of all the people, the adoption
by the Government of measures calculated o Remedial Law – branch of law which deals
to insure economic stability of all the with protection and enforcement of rights,
competent elements of society, through the redress and prevention of wrong
maintenance of a proper economic and
social equilibrium in the interrelations of the o Substantive Law - is that branch of law
members of the community, constitutionally, which creates, defines or regulates rights
through the adoption of measures legally concerning life, liberty or property, or the powers of
justifiable, or extra-constitutionally, through agencies or instrumentalities for the administration
 of public affairs, whereas rules of procedure are o Republic Act – are statutes enacted from
provisions prescribing the method by 1946 to 1972, and 1987 up to the present in
which substantive rights may be enforced in the promulgation of the 1987 Constitution.
courts of justice.
o Constitution – is a written instrument
o Legal Ethics – is that branch of moral enacted by the direct action of the people by
science which treats of the duties which an which the fundamental powers of the
attorney owes to the court, to his clients, to government are established, limited, and
his colleagues in the profession and to the defined, and by which those powers are
public as embodied in the Constitution, distributed among the several departments
Rules of Court, the Code of Professional for their safe and useful exercise, and for
Responsibility, Canons of Professional Ethics, the benefit of the body politic. (Malcolm and
Jurisprudence, Moral Laws, and Special Laurel)
Laws.
• Subjects of Political Law under our
o Statute: (CODE: IsEAR) Jurisdiction
▪ is an act of legislature as an o Public International Law: (CODE:
organized body, IThAn An)
▪ expressed in the form, ▪ it is the body of rules and principles
▪ and passed according to the ▪ that are recognized and legally
procedure, binding
▪ required to constitute it as part of ▪ and which govern the relation of
the law of the land. states
o Bill: (CODE: Is InFo) ▪ and other entities invested with
international legal personality (ILP).
▪ is a proposed legislative measure,
o Constitutional Law: (CODE: IsOO
▪ introduced by a member/members of BABAnAs)
Congress,
▪ is the study
▪ for its enactment into law.
▪ of the maintenance

▪ of the proper balance

 ▪ between authority o Secondary Sources – is created by
lawyers, scholars, and non-governmental
▪ as represented bodies and are usually commentaries that
explain how the law came to be, and contain
▪ by the three inherent powers of the analyses or the critiques of law, and
State includes dictionaries, treatises,
encyclopedias, and periodic tables.
▪ and liberty e. Who is a lawyer? What is the practice of
law? What are the requirements before
▪ as guaranteed by the Bill of Rights. one may practice law in the Philippines? May
a law student practice law in the Philippines?
(Rules 138 and 138-A of the Rules of Court
b. Why is there a need to study Legal of the Philippines, as amended)
Research?
• Who is a lawyer?
• A lawyer is required to provide competent o it refers to that class of persons who by
representation to a client which requires the legal license are officers of the court and who are
knowledge, skill, thoroughness and preparation empowered to appear, prosecute, and defend
reasonably necessary for the representation. and on whom peculiar duties, responsibilities,
and liabilities are devolved by law as a
c. What are the sources of Legal Research? consequence. (Cui v. Cui)

• It involves the use of variety of printed materials • What is "practice of law"?

such as the Constitution, Statutes, Jurisprudence, o Any activity, in or out of court, which requires
Rules and Regulation, and the like, as well as, the application of law, legal procedure,
electronic sources containing these materials. knowledge, training and experience. It is to
give notice or render any kind of service,
d. What are the sources of law? (Primary and which device or service requires the use in any
Secondary Materials) degree of legal knowledge or skill (Cayetano v.
Monsod)
• The sources of law are:
o Primary Sources – are those recorded • The 4 Factors in determining "Practice of Law"
laws and rules which are enforced by the
State such as: o Habituality - customarily or frequently
▪ Statutes passed by the Legislature; holding one's self to the public as a lawyer
▪ Rules and Regulations of
Administrative agencies; and o Application of law, legal principles,
▪ Decision of Appellate Courts. practice, or procedure - calls for legal
knowledge, training and experience
 o History
o Compensation - his professional services are o Economics
available to the public for compensation, as a c. He must have successfully
source of his livelihood or in consideration of passed the Philippine Law
his said services School Admission Test
(PhiLSAT)
o Attorney-Client Relationship - involves
mutual trust and confidence of the highest ▪ Moral and other Qualifications
degree, irrespective of whether the client is a - he must be of a good moral
private person or a government functionary character, and that no charges
against him involving moral
Note: Given by Justice Padilla in his dissenting turpitude have been filed or are
opinion. pending in any court in the
Philippines.
• What are the requirements before one may ▪ Bar Examinations – He must pass
practice law in the Philippines? the Bar Examinations.
o First Requirement (Before Admission to • Subjects:
the Bar) • 1st Day:
▪ Citizenship – He must be a citizen •Political and
of the Philippines; International Law
▪ Age – He must be at least be (15%) (morning)
twenty-one (21) years old; •Labor and Social
▪ Residence - He must be a resident Legislation (10%)
of the Philippines; (afternoon)
▪ Educational Qualification • 2nd Day:
a. He must have completed a •Civil Law (15%)
four-year high school course (morning)
which is a prerequisite to a •Taxation (10%)
bachelor’s degree in arts or (afternoon)
sciences; • 3rd Day:
b. He must have completed a •Mercantile Law (15%)
bachelor’s degree with any of (morning)
the following subjects as •Criminal Law (10%)
major or field of (afternoon)
concentration: • 4th Day:
o Political Science •Remedial Law (20%)
o Logic (morning)
o English
o Spanish
 •Legal Ethics and ❖ May a law student practice law in the
practical exercises Philippines?
(5%) (afternoon)
Yes, as Rule 138 – A or the Law Student
• Passing Average:
Practice Rule provides that a law student
• Obtained a general average
of 75% in al subjects, who has successfully completed 3rd year
without falling below 50% in of the regular four-year prescribed law
any subject curriculum and is enrolled in a recognized
law school's clinical legal education
▪ Oath – He must take the lawyer’s program approved by the Supreme Court,
oath before the Supreme Court itself.
may appear without compensation in any
(Sec. 17, Rule 138, Rules of Court)
Attorney’s Roll – He must sigh the civil, criminal or administrative case before
▪
roll of attorneys and receive from the any trial court, tribunal, board or officer, to
Clerk of Court of the Supreme Court represent indigent clients accepted by the
a certificate of the license to practice. legal clinic of the law school. Provided,
that the law student shall comply with the
o Second Requirement (After Admission standards of professional conduct
to the Bar)
governing members of the Bar. Failure of
▪ The lawyer must remain in good and
regular standing which requires: an attorney to provide adequate
supervision of student practice may be a
d. He must be a member of the ground for disciplinary action.
Integrated Bar of the
Philippines; Section 18, Rule 141 (Legal Fees), Legal Ethics, ROC,
e. He must regularly pay all the as amended:
IBP membership dues and
other lawful assessment;
f. He must observe faithfully the Sec. 18. Indigent-litigants exempts from payment of
rules and ethics of the legal fees - Indigent litigants (a) whose gross income
professions; and and of their immediate family do not exceed four
g. He should be subject to thousand (P4,000.00) pesos a month if residing in
judicial disciplinary control. Metro Manila, and three thousand (P3,000.00) pesos
a month in residing outside Metro Manila, and (b)
who do not own real property with an assessed value
of more than fifty thousand (P50,000.00) pesos shall
be exempt from the payment of legal fees.
 g. Duties of Attorneys (Sec. 20, Rule 138
The legal fees shall be a lien on any judgment of the Rules of Court of the Philippines,
rendered in the case favorably to the indigent as amended)
litigant, unless the court otherwise provides.
The Duties of Attorney according to the Sec. 20, Rule 138 of
the Rules of Court as amended are as followed:
To be entitled to the exemption herein provided, the
litigant shall execute an affidavit that he and his (a) To maintain allegiance to the Republic of the
immediate family do not earn a gross income Philippines and to support the Constitution and obey
abovementioned, nor they own any real property the laws of the Philippines.
with the assessed value aforementioned, supported (b) To observe and maintain the respect due to the
by an affidavit of a disinterested person attesting to courts of justice and judicial officers;
the truth of the litigant's affidavit.
(c) To counsel or maintain such actions or
proceedings only as appear to him to be just, and
Any falsity in the affidavit of a litigant or such defenses only as he believes to be honestly
disinterested person shall be sufficient cause to strike debatable under the law.
out the pleading of that party, without prejudice to (d) To employ, for the purpose of maintaining the
whatever criminal liability may have been incurred. causes confided to him, such means only as are
(16a) consistent with truth and honor, and never seek to
mislead the judge or any judicial officer by an artifice
f. The Lawyer’s Oath (MEMORIZE) or false statement of fact or law;
(e) To maintain inviolate the confidence, and at every
I, (name), do solemnly swear that I will maintain peril to himself, to preserve the secrets of his client,
allegiance to the Republic of the Philippines, I will and to accept no compensation in connection with his
support the Constitution and obey the laws as well as client's business except from him or with his
the legal orders of the duly constituted authorities knowledge and approval;
therein; I will do no falsehood, nor consent to the (f) To abstain from all offensive personality and to
doing of any in court; I will not wittingly or willingly advance no fact prejudicial to the honor or reputation
promote or sue any groundless, false or unlawful suit, of a party or witness, unless required by the justice of
or give aid nor consent to the same; I will delay no the cause with which he is charged;
man for money or malice, and will conduct myself as a
(g) Not to encourage either the commencement or the
lawyer according to the best of my knowledge and continuance of an action or proceeding, or delay any
discretion, with all good fidelity as well to the courts man's cause, from any corrupt motive or interest;
as to my clients; and I impose upon myself these
(h) Never to reject, for any consideration personal to
voluntary obligations without any mental reservation
himself, the cause of the defenseless or oppressed;
or purpose of evasion. So help me God.
(i) In the defense of a person accused of crime, by all II. The Legal Research Process
fair and honorable means, regardless of his personal
opinion as to the guilt of the accused, to present every Four Basic Steps of Legal Research (Legal Research,
defense that the law permits, to the end that no Rodriguez 2002)
person may be deprived of life or liberty, but by due
process of law. 1. Identify and analyze the significant facts
2. Formulate the legal Issues to be researched
3. Research the issues presented
h. 4-Fold Duties of Attorneys 4. Update

A lawyer has a duty to his society (public), to the Court, 1. Identify and Analyze the Significant Facts
to the Bar (his colleagues), and to his client.
The TARP Rule is a useful technique to analyze your facts
• As for his duty to the public, a lawyer should not according to the following factors:
violate his responsibility to society. He should be an
exemplar for righteousness. He must be ready to T – Thing or subject matter
render legal aid, and foster social reforms. He is a A – Cause of Action or group of defense
guardian of due process, aware of his special role in R – Relief sought
the solution of special problems, and he is always P – Persons or parties involved
ready to lend assistance in the study and solution
of social problems. 2. Formulate the Legal Issues to be Researched

• As for his duty to the Court, a lawyer must respect This is the initial intellectual activity that presumes some
or defend the Court against criticisms. He must knowledge of the substantive law. The goal is to classify or
uphold its authority and dignity, obey order and its categorize the problem into general, and increasingly
processes, and assist in the administration of specific, subject areas and to begin to hypothesize legal
justice. issues.

• As for his duty to the Bar, a lawyer must show 3. Research the Issues Presented
candor, fairness, courtesy and truthfulness to his
colleagues. He must avoid encroachment in the After the facts have been analyzed and the issues have been
business of other lawyers, and uphold the honor of framed, it is time to begin researching the first issue:
the law profession. a. Organize and plan
b. Identify, read, and update all relevant constitutional
• As for his duty to his client, a layer must be entirely provisions, statutes, and administrative regulations
devoted to uphold and support his client’s interest c. Identify, read, and update all relevant case law
and cause. d. Refine the search
4. Update for the benefit of the body politic.
Law changes constantly. Our Congress passes new statutes (Malcolm and Laurel)
and modify old ones. Our Supreme Court either refines the
law or reaffirms the law or even changes the interpretation d. Primary Purpose of Constitutional
of the law. Construction
- The primary task of constitutional
III. Importance of Statutory Construction construction is to ascertain the
intent or purpose of the framers of
a. Sources of Statutory Law the constitution as expressed in the
fundamental law, and thereafter to
• The Sources of Statutory Law are :
o 1987 Constitution; assure its realization.
o Treaties and International Agreements;
o Statues enacted by the Legislature
o Administrative Rules and Regulations; e. “Enduring Construction” of the
o Ordinances by ARs; and constitution
o Ordinances by the LGUs. - A constitution is not intended to
provide merely for the exigencies
b. What is Statutory Construction (Agpalo, of a few years but is to endure
2009) through a long lapse of ages, the
- Is the art or process of discovering events of which are locked up in
and expounding the meaning and
the inscrutable purposes of
intention of the authors of the law,
where that intention is rendered Providence.
doubtful by reason of the ambiguity (US v. Ang Tang Ho)
in its language or the fact that the
given case is not explicitly provided f. Construction of Constitutional
for in the law. Language
- The words should as much as
c. Define what is a Constitution possible be understood in the sense
- is a written instrument enacted by that have a common use and given
the direct action of the people by their ordinary meaning, except
which the fundamental powers of
when technical terms are employed
the government are established,
in which case the significance thus
limited, and defined, and by which
those powers are distributed attached to them prevails. (J.M.
among the several departments for Tuason & Co., Inc. v. Land Tenure
their safe and useful exercise, and Administration)
 i. What is the purpose of a Constitution?
g. Aids in Constitutional Construction (pp. - The purpose of the Constitution is
581-626, Agpalo) to prescribe the permanent
framework of a system of
government, to assign to the
• The intrinsic aid or those found in the law
different departments their
itself (used for Statutory Construction) would respective powers and duties, and
be the language used in the law itself which would to establish certain fixed principles
be the most important single factor in determining on which government is founded.
the intention of the people whom the constitution (Malcolm and Laurel)
emanated from.
j. What are the classifications of a
Constitution?
• The courts will resort to extrinsic aids (those
found outside of the written language of the • The classifications of a Constitution are:
law and used for Statutory Interpretation)
when it is found that the words used are a. Written or Unwritten
ambiguous. These extrinsic aids are: b. Conventional or Cumulative
o History or realities existing at the time of
the adoption of the constitution; c. Rigid or Flexible
o Proceedings of the convention;
o Changes in phraseology; Written Constitution
o Prior laws and judicial decisions; - Is one which the provisions have been reduced to
o Contemporaneous constructions; and writing and embodied in one or more instruments at a
o Consequences of alternative constructions. particular time. Ex. The 1987 Constitution

h. What is the Nature of the Constitution? Unwritten Constitution

- It is the fundamental law of the
land which the powers of the - Is one which has not been reduced to writing at any
specific time but is the collective product of a gradual
government are established,
political development consisting of:
limited, and defined, and by which
those powers are distributed • Usages and customs;
among the several departments for
their safe and useful exercise, and • Judicial decisions;
for the benefit of the body politic. • Dictas; and
• Laws.
 - Because vagueness may cause incalculable harm, or it
Ex. The constitution of United Kingdom may lead to opposing interpretations which may bring
about chaos and violence instead of peace.
Coventional Constitution
- Is enacted deliberately and consciously by a l. What are the essential parts of a good
constituent body or ruler at a certain time and place. written constitution?

• the THREE ESSENTIAL PARTS of a written Constitution are:

Cumulative Constitution
o Constitution of Liberty
- Is a product of a gradual political development.
- It contains the fundamental civil and political rights of
the citizens as well as the limitations on the powers of
Rigid Constitutional the government to secure the enjoyment of the rights
of the citizens.
- Is one which can be amended through a formal and
difficult process. (I.e., Arts. III, IV, V, and XII)
Flexible Constitution o Constitution of the Government
- Is one which can be changed by ordinary legislation. - It contains provisions that enumerate the powers of
government and outline it organization.
k. What are the qualities of a good written
constitution? (i.e., Arts. VI to XI)

• The qualities of a good written constitution o Constitution of Sovereignty

are:
- It contains the provision on how to change the
Constitution.
1. Broad
(i.e., Art. XVII)
- It is through the fundamental powers of the
government are established, limited and defined and
by which those powers are distributed among the
several departments of the government for their safe
and useful exercise and for the benefit of the body
politic.

2. Brief
- It is not intended to go into details of organization.

3. Definite or Concise
INTRODUCTION TO LAW b. Fluvial domain – external and
internal waters.
c. Aerial domain – the air space
a. What is a State? What are its elements? above the land and the waters.

• A State is a: (3) Government - is the institution or

1. Community of persons, more or aggregate of institutions by which an
less numerous, independent society makes and carries
2. Permanently occupying a fixed out those rules of action which are
territory, necessary to enable men to live in a
3. Possessing an organized social state, or which are imposed upon
government, the people forming that society by those
4. Independent of external control, who possess the power or authority of
5. To which a great body of prescribing them.
inhabitants render habitual
obedience. (4) Sovereignty – is the supreme power in
a State by which a State is governed.
• The Elements of the State are:

(1) People – it refers to the entire body of b. Distinguish a State from a nation and a
those citizens of a state or nation who government;
are invested with political power for
political purposes. They must be - A State is primarily a legal or political
numerous enough to be self-sufficient concept, while Nation is a racial or
and to defend themselves and small ethnical concept, nearly akin to
enough to be easily administered. “people”

(2) Territory – is a fixed area or surface of c. What is a government? What are its
the Earth where the inhabitants of a functions? What are its classifications?
State live and where they maintain a
government of their own. It must be - A Government is the institution or
neither too big as to be difficult to aggregate of institutions by which an
administer and defend nor too small as independent society makes and carries
to be unable to provide for the needs of out those rules of action which are
the population. The three components necessary to enable men to live in a
of the territory are: social state, or which are imposed upon
the people forming that society by those
a. Terrestrial domain – area of the who possess the power or authority of
land. prescribing them.
 o De Facto government – is
• The functions of the Government are: characterized by the fact that it is not
o Constituent Functions - those founded upon the existing
which constitute the very bond of constitutional law of the State.
society, and are, therefore
compulsory and not optional such as: • Forms of Government:
▪ The keeping of order and • Monarchy
providing the protection of o A government having a hereditary
persons and property from chief of state with life tenure and
violence and robbery; powers varying from nominal to
▪ Defining crimes and providing absolute.
for their punishments; o Kinds:
▪ Administration of justice in ▪ Constitutional Monarchy
civil cases; and ▪ Absolute Monarchy
▪ The determination of contract (Autocracy?)
rights between individuals. • Constitutional Government
o Governments that derive legitimacy
o Ministrant Functions – those from a national constitution that
undertaken only by way of advancing provides for their rule and specify
the general interest of society, and how power is to be exercised and
are, therefore, optional such as: controlled.
▪ Public works; • Democracy
▪ Public Education; o A government in which the supreme
▪ Public Charity; power is vested in the people and
▪ Health and Safety exercised by them directly or
Regulations; and indirectly through a system of
▪ Regulations in Trade and representation usually involving
Industry. periodically held free elections
o Kinds:
▪ Parliamentary Democracy
• The two classifications of a Government • Headed by a PM or
are: Premier, which the
representatives, which
o De Jure government – is an the electorate voted
organized government of a State for, have voted for.
which has the general support of its • Executive and
people. Legislative are one
▪ Presidential Democracy
 • Headed by a President
which the electorate (1) Legal Sovereignty
voted for - It is the supreme law-making power of
• Executive and the State.
Legislative are
separate (2) Political Sovereignty
• Dictatorship - It is the freedom of the people to choose
o A form of government in which their political representatives or electoral
absolute power is concentrated in a freedom.
dictator or small clique; autocratic.
(3) Internal Sovereignty
• As to Distribution of Authority: - Implies the power of the State to make
o Federal Government and alter its system of government, and
▪ A government where power is to regulate its private affairs as well as
distributed between a central the rights and relations of its citizens
authority and a number of without dictations from foreign influence.
constituent territorial units.
o Unitary Government (4) External Sovereignty
▪ A government where the - Is the right and power of the State to
national government performs receive recognition as an independent
all the governmental power and to make treaties with them
functions. on equal terms, make war and peace
o Confederation with them, send diplomatic agents to
▪ A government where member them, acquire territory by conquest or
states retain their occupation. And otherwise to manifest
sovereignty, delegating to the its freedom and autonomy from any
central government only those foreign control.
powers that are essential for
its maintenance. • The Characteristics of Sovereignty are:
▪ Forms the weakest central
government. (a) Permanence
- It is the quality by virtue which the
d. What is sovereignty? What are its sovereignty of the State continues
kinds? What are its characteristics? without interruption so long as the State
itself exist.
• Sovereignty – is the supreme power in a
State by which a State is governed. (b) Exclusiveness
- It is that quality by virtue of which there
• The four kinds of Sovereignty are: can be but one supreme power in the
 State, legally entitled to the obedience of
the inhabitants.

(c) All-Comprehensiveness
- It is the universality of sovereignty
within the territorial limits of the States.

(d) Inalienability
- It is an attribute of the State by virtue of
which it cedes away any of its essential
elements without self-destruction.

(e) Imprescriptibility
- It is the principle exclusively of private
law which can never run against the
rights of the people and could in no case
be invoked in support of an argument
that the people had lost their
sovereignty through the operation of
such principle.

(f) Unity
- It is the principle that sovereignty
cannot be divided without producing
several wills, which is inconsistent with
the notion of sovereignty.