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College of LawCollege of LawSan Beda College (San Beda College (MendiolaMendiola))

July 19, 2011July 19, 2011


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The process of identifying and retrievinginformation necessary to support legal

decision-making(It) includes each step of a

course of action that begins with the analysisof the facts of a problem and concludes with

the application and communication of the

results of the research.


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I. Statutes or statutory law

- Constitution: fundamental law of the law

a. Legislature:

- The Congress, comprised of the Senate and

the House of Representatives

- Acts (1900-1935, 4,275)

- Commonwealth Acts (1935-1945, 733)

- Republic Acts (1946-1972; 1987-2011, 10,153)

- Mga Batas Pambansa (1979-1985, 884)


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b. Executive

- Office of the President and Administrative

Agencies

- Presidential Decrees (Marcos 1972-1985,2,034), Executive Orders, Presidential

Proclamations

- Treaties and international agreements

- Administrative/Departmental Orders,Rules, Rulings, Memorandum Orders and

Circulars

- Local government ordinances


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c. Judiciary

- Rules of Court

- Civil Procedure

- Special Proceedings- Criminal Procedure

- Evidence

- Summary Procedure


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II. Jurisprudence or case law

- Decided or written opinions by courts

- Decisions and resolutions of the Supreme

Court of the Philippines (1901 to the present:over 70,000 cases)

III. Muslim Law or Sharia Law

- limited application


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Classification of Law by AuthorityClassification of Law by Source


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MANDATORY AUTHORITY

Consists of the law itself, as expressed in the verbatimtexts of the statute or case law.

Mandatory authorities must be followed and must becited first.

PERSUASIVEAUTHORITY Laws and decisions of other jurisdictions Opinions of government agencies (BIR, DOJ)

Executive interpretation of legislativeenactments is accorded weight by thejudiciary

Persuasive authorities may be followed.


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PRIMARY SOURCE Official records of the statute or case law

as published by the issuing agencies

SECONDARY SOURCE Published by unofficial sources


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PRIMARY SOURCE Statutory law

Congressional records

Official Gazette (O.G.)

Pursuant to E.O. No. 200 (1987): newspapers of generalcirculation

Case law Philippine Reports

Official Gazette

Advanced Sheets


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SECONDARY SOURCE

Statutory law

Vital Legal Documents Commentaries, textbooks

Case law

Supreme Court Reports Annotated (SCRA) Supreme Court Decisions (SCAD)


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Advantages of Using Electronic MediaFactors to Consider in Choosing an

Electronic Legal Research Library

Current Electronic Legal ResearchResources


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The use of available technology (e.g.,computers, the internet, PDAs) andelectronic media (e.g., optical discs, harddrives, e-books, flash drives) for legalresearch

This has become a popular methodology

because th

e information is moreupdated and the use of search enginesfacilitate easier, faster, more accurateresearch.


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Can store large amounts of information

Storage for hundreds of thousands of pages

Portable

Can be carried around easily

Takes up very little space

An entire library can fit in a space as big as one

textbook

Facilitates faster research

Search engines and customized search

templates produce search results in seconds


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Information is flexible and more easily manipulated

Can be copied to another electronic medium, printed,

edited more easily

Information is easier to update and can be more current

Files are easily processed and uploaded

Durable

Can last a lifetime with proper use

Cost-effective

Cheaper in the long run; contains considerably

larger volume of materials


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Currency Is the database up-to-date? Is the information up-

to-date?

Accuracy What are the sources of the information?

Reliability

Who publis

hed or operates t

he website?


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Usability

Is the information inside the library arrangedproperly?With a subject index?

Does it have a search engine?What are the typeof searches that can be done?

Can the information be cited as a mandatory or

persuasive auth

ority? Is the library a primary or secondary source of

legal information?


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Internet (Online Resources)Optical Media


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INTERNET: A massive network of computers

linked together and communicating with

each

oth

er th

rough

a series of protocols Carries the information sources and services that

comprises the web

WORLDWIDEWEB (www):The informationsharing model built on top of the Internet


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FREEACCESS SITES Non-commercial; access is free

There are over 200,000 sites on t

he web wit

hlegalinformation

Examples of Foreign sites

Cornell Legal Information Institute www.law.cornell.edu

Findlaw www.findlaw.com

World Legal Information Institute www.worldlii.org

Internet Legal Research Group - www.ilrg.com

LexisOne www.lexisone.com


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COMMERCIAL OR SUBSCRIPTION SITES

Pay-for-use sites

Password is required to access data Foreign-run sites

Westlaw - published byThompson Reuters

www.westlaw.com


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COMMERCIAL OR SUBSCRIPTION SITES

Lexis-Nexis

Has content from over 33,000 sources Features the Shepards Citation Service,

LexisNexis Case Summaries,Headnotes

Includes coverage and analysis of laws ofmore than 230 countries

www.lexisnexis.com


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A storage medium or device in whichinformation, including sounds and/or images,or software code, has been stored, either by

mastering and/or replication, which may beaccessed and read using a lens scanningmechanism employing a high intensity lightsource such as a laser or any such other

means as may be developed in the future.(Sec. 3 (i), Republic Act No. 9239, The OpticalMedia Act of 2003)


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CD-ROM (Compact Disc Read-Only-Memory) Stores up to 650 megabytes of data Can store up to 300,000 text pages

Stamped by a vendor; once stamped, it cannot beerased or filled with new data Conforms to a standard size and format so it can

be used in any CD-ROM player

DVD-ROM (Digital Versatile Disc Read-Only-Memory) Holds a minimum of 4.7 gigabytes of data,

enough for a full-length movie or app. 2

million text pages


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FreeAccess Sites The Official Government Portal of Republic of the

Philippines www.gov.ph

Senate of the Philippines ww.senate.gov.ph

House of Representatives www.congress.gov.ph

Supreme Court website sc.judiciary.gov.ph

Chan Robles www.chanrobles.com

Lawphil www.lawphil.net


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Commercial Sites

CD Asia Online www.cdasiaonline.com

Contains Laws and Jurisprudence


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PRIMARY SOURCES

Case Law Supreme Court e-library

(distributed to courts)

SECONDARY SOURCES

Publications of private companies/entities

Accesslaw, Inc. Laws Annotated andComprehensive Access to theTax System

Agoo Institute e-Library: A Century and 10

years of Supreme Court Decisions

EMSAVIL Law Office E-Juris


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CD Asiapublications

ThePhilippine Law Library

Includes the popular Lex Libris series Laws Philippine Edition,Taxation Philippine Edition,

Jurisprudence, Department of Justice (Opinions ofthe Secretary), Local Autonomy and Local

Government, Environment and Natural Resources,Labor and Social Legislation, Philippine Elections,Trade Commerce and Industry, Securities andExchange Commission, and Persons and

Family Relations


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CD AsiapublicationsOther titles in the PLL Bangko Sentral ng

Pilipinas, The StudentEdition,The Bench

Companion, National Administrative Register,

Proceedings of the 1986 ConstitutionalCommission, Impeachment Proceedings Against

Joseph

E.

Estrada, DAR Legal Information Arch

ive,Compendium of Philippine Customs Laws and

Regulations, and Government ProcurementPolicy Board.


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CD Asiapublications

The Legal KnowledgeTitles Education Law and the Private Schools byAtty. UlpianoSarmiento III

Philippine Judicial and Legal Forms byAtty. Theodore O.Te

Indigenous Peoples and the Law byAtty.Sedfrey M.

Candelaria, et al. Philippine Legal and Judicial Ethics (featuring the book

The Good Lawyer byAtty. Bobby A. Quitain) Lexicon of Philippine LegalTerms by the CD Asia

Editorial Board


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CD Asiapublications ThePhilippine Legal Encyclopedia Series

Ph

ilippine Law Encyclopedia PhilippineTaxation Encyclopedia


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Subject Index

Catalogue of materials for the same

subject matter Search through the group possible through

tagging of basic data units

ex. Philippine Law Encyclopedia,TheStudent Edition


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Hyperlinks A word, phrase, or image that allows the

user to jump to a new document oranother section of a database

Useful in looking for related or

connected information ex.PhilippineTaxation Encyclopedia


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Search Engines

A tool that sifts through the pages of a

compilation, matching the searchparameters with available information.

General and site specific search engines

Used together with search templates andindexed or tagged information

ex.Supreme Court , CD Asia Online,

The Student Edition


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Search Parameters Formulation of search query using key word/s or

phrases with connectors and special characters

Use of Boolean method of searching the use ofoperators and special characters together withthe key words

Example of special characters: *, ? Example of operators: and, or


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Phrase Searching

Use quotation marks to capture two or morewords as an exact phrase

Example : qualified theft, consummatedfelonies, national territory, breach of promiseto marry, 114 SCRA 77

Proximity Searching An extended version of phrase searching; ability

to capture phrase with words in-between


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Sample proximity search for statutory citationsEx.Look for all citations ofRepublicAct No. 8424- Can be cited as follows:

Republic Act No.

8424Republic Act 8424Rep.Act No. 8424Rep.Act 8424

RA No. 8424RA 8424

Proximity Search

R

ep* 8424/5 or RA

8424/5


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Sample unordered proximity search for keywordsEx.Look for all instances of tax exemption

Can bewritten as taxexempt;exempted fromtax;exemption fromtaxes;exempted frompaying taxes

Unordered proximity searchtax* exempt*@10


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There are many resources available for legal

research.

Exercise discernment in choosing the resources you will use.

Use only resources that are reliable, accurate and current. For electronic legal research, look for features in the resources

that will help fine-tune your research (i.e., search engines,

search parameters, etc.)

It is worthwhile to invest in legal research resources. Using these resources results in increased efficiency and

productivity.


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