THE LAW LIBRARY:

REVISITING TRADITIONAL
LEGAL RESEARCH METHODS
Legal Research:
PURPOSE: to ascertain the legal consequences of
a specific set of actual or potential facts
KEY: Organization; how to find, access, and apply
materials

Practice
Materials
Form-Books

Characteristics of Legal Materials

Legal Authority any published source of law
setting forth legal rules, legal doctrine or legal
reasoning that can be used as bases for legal
decisions
Authority refers to both the types of legal
information and to the degree of persuasiveness
of legal information
THREE GENERAL CATEGORIES
(1) Primary Sources
- recorded authoritative statements of legal
rules by governmental institutions
- to be enforced by the State
Subdivis
ion
Mandator
y
Authority
Persuasiv
e
Authority

Definition

Examples

Authority that a
given court is
bound to follow
That law or
reasoning which a
given court may,
but is not bound
to follow

Constitutional
provisions,
statutes, etc.
Opinions of the
secretary of
justice,
administrative
agencies

(2) Secondary Sources

- not primary but annotate, discuss, or analyze
legal doctrines; vary in purpose and quality
- persuasive value depending on the prestige
of author
Subdivisio
n
Restateme
nts of the
Law

Looseleaf
Services

Legal
Encycloped
ias
Hornbooks

Definition
Series of important commentaries
on American Law which attempts to
organize and articulate the rules of
American common law; project of
the American Law Institute (ALI)
Frequently supplemented research
tools which focus on specific subject
areas and contain primary legal
sources, finding aids, and secondary
materials
Multi-volume sets systematically
describing the entire body of law;
alphabetically and topically
arranged; non-critical in approach
and provide supporting reference to
cases
Popular reference to a series of
treatises published by the West
Publishing Group which reviews a

Annotation
s

certain field of law in summary

textual form
Manuals that provide good
understanding of the procedural
and substantive law as well as
hands on instructions; cover
specialized area of practice
Aids in drafting legal documents
and include sample instruments
Explanations or commentaries or
extensive notes based on the issues
within an opinion of a court usually
appended after a reprinted case in a
compilation
KINDS
(a) Statutory brief history of the
law and facts of cases interpreting
statutes
(b) Textual expository essays

(3) Finding Tools

- helps the lawyer ascertain the state of the
law on a particular issue
Subdivisio
n
Digests
Law
Dictionarie
s

Citators

Indexes

Directories

Tables

Definition
Indexes to reported cases, providing
brief, unconnected statements of
court holdings on points of law
which are arranged by subject
Dictionaries that collect the
definitions of legal terms in
alphabetical order
Research aids providing notational
information on the status of a
statute; purpose is to give history
and treatment of a decision or
statute by means of symbols
Shepardize process of checking
the status of cases or statutes in
the Shepards Citations
Alphabetical lists of important words
and concepts in a book; assists the
researcher in locating the primary
or secondary sources
Information about lawyers, law
firms, law schools, law libraries,
courts or administrative agencies
Alphabetical listings of case names
or statutes with reference to the law
reports or publications where the
cases or laws can be located

(4) Other Sources

Subdivisio
n
Opinions of
Legal
Experts
Other State
and
Foreign

Definition
Expert opinions on legal doctrines
Can only be utilized if the Philippine
Law was patterned after a foreign
law

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Sources
PRELIMINARY STEPS

Definition
Method

Used when the solution to a

problem depends on the
meaning of a legal or non-legal
term or phrase

- critical fact-related steps

(1) 5W-1H = Who did it and to whom; What,
When, Where, Why and How was it done
(2) Analyze the Facts = TARP Rule
T Thing or Subject Matter
- without which the problem would have not
arisen
A Cause of Action or Ground of Defense
- Cause of Action claim asserted
- Ground of Defense position of one against
asserter
R Relief or Object Sought
- purpose of bringing the suit; remedy
P Parties, Persons, Or Places
- relationship of parties involved
- for purposes of venue
Some Likely Sources of Information
(1) People
(2) Tangible Evidence
(3) Books, Periodicals, Reports
(4) Expert Witnesses
(3) Identification of Issues
- how the law relates to the facts of the case
(4) Arranging the Legal Issues in a Logical Order
- issues ordered logically according to certain
rules or organizing principles
- either chronologically or in order of
presentation
- address issues in the order that allows one to
avoid most redundancies and do the least doubleback in reasoning

(2) Sources to Obtain Background Information

- books such as code commentaries, treatises, and
legal periodical articles wherein one can elicit
background info
Source
Spanish Laws
and Royal
Decrees
Early
issuances of
US Mil
Governor
US Phil Comm
Issuances

(1) Law Finding Techniques

Technique
Descriptive
Word/Index or
Fact Method
Table of
Contents, Topic
or Analytic
Method
Known
Authority,
Statute, or
Case Method

Description
Use of the subject index to a
book after the analysis of the
facts in the problem using the
TARP Rule
Classifying problem as to what
the subject field belongs;
researcher can go to a
particular book on the subject
and search
Applicable case or citation of a
law is known, then proceed to
table of cases found in a digest,
an annotated report, or
compilation of statutes

Boletin Oficial
Gaceta de Manila
General Orders, 1900
Minutes of Public Sessions 19011904
Executive Journal 1909-1913
EOs and Proclamation 1901-1941

History of an article in the Civil Code or Revised

Penal Code
- examine the end of each provision
IF: Enclosed in Parenthesis search the cited
article in Spanish Civil or Penal code
IF: (a) = former provision amended
IF: (n) = new provision
Research in Philippine Statute Law
(1) Constitution

(5) Classifying the Problem

- classification into major subject fields
- then use an authoritative or trustworthy
source
Approaches in Searching for Authority

Where to Obtain

193
5

History:
Tydings-Mcduffie
Law
made
Phil.
Legislature enact a law calling for a
Constitutional Convention of 202 delegates
- Constitution ratified by plebiscite on May
1935
Plebiscite
on
Bicameral
System,
establishment
of
COMELEC,
reduced
Presidential term from 8 to 6 years on June
1940
Discussion on 1935 Constitution Provisions:
(1) Philippine Constitutional Convention
Record
(2) S. Laurel, Records of Philippine
Constitutional Convention
(3) The Framing of the Philippine
Constitution, Aruego
Aids in Interpretation of 1935 Constitution
(1) Philippine Constitutional Law, Malcolm
(2) Philippine Political Law, Sinco
(3)
Constitution
of
the
Philippines
Annotated, Tanada & Fernando
History
- RA6132 Calling for the Convention
- Proclamation 1081, Martial Law
-Proclamation 1102, announced ratification
- 1102 questioned in Javellana v. Exec. Sec.
Discussion on 1973 Constitution
- no records of the convention

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197
3

198
7

- UP Law Lib has the Con-Con Archives

which are collected papers of 20 ConCon
delegates
- collection divided into committees: (1)
alphabetical arrangement of Organic
committees, (2) Administrative, Ad-Hoc
committees, (3) Councils
Some books on the 1973 Constitution
(1) 1973 Constitution Notes and Cases,
Bernas
(2) The Constitution of the Philippines,
Fernando
(3) Political Law of the Philippines, Tanada
& Carreon
History
- EDSA Revolution lead to Freedom
Constitution
- called for a Constitutional Convention
Records and Discussion of the 1987
Constitution
(1)
Records
of
the
Constitutional
Commission (5vol)
(2) Journal (3vol)
(3) Index
of
the
Journal
of
the
Constitutional Convention (in the House of
Representatives)
Some books and commentaries:
(1) The 1987 Constitution of the Republic
of the Philippines, A Commentary, Bernas
(2) Constitutional Law, Cruz
(3) Philippine Constitutional Law, De Leon

(2) Treaties and International Agreements

- treaties are pacts between two or more
sovereign nations
- treaty between 2 nations = bilateral agreement
- treaty between three or more nations =
multilateral
Sources
Official Gazette
DFA Treaty
Series
Philippine
Treaty Series
Philippine
Treaties Index

United Nations
Treaty Series

Multilateral
Treaties
Deposited with
the Secretary
General

Description
Official texts of treaties entered
into by the Philippines are
published here
Began publication Aug 1947,
discontinued 1965
Published by the UP Law Center,
now on its 5th volume
1946-1982;
published
by
Foreign Service Institute of DFA;
divided into (1) Bilateral Index;
alphabetical by country; (2)
Multilateral Index; arranged by
subject
Treaties entered by Philippines
registered here with the UN
SecGen; most comprehensive;
treaties registered by membernations; chronological listings
Published by the UN; bi-annually
revised listing of multilateral
conventions
arranged
by
subject

(3) Statutes Proper

- term to designate legislation enacted by national
legislatures in the ordinary course of law making
- found in the various enactments of the Philippine
Legislature
- There has been a total of 17, 755 statutes since
1900
Source
Official
Gazette
Laws and
Resolutions

Description
Text of statues published; also in a
newspaper of general circulation
Laws published since 1946; by the
National Printing Office now the
Government Printing Office; now in
5 CDs by the Congress

Philippine
Permanent
and
General
Studies

Published by UP Law Center; 7

volumes; subject index found in
each volume; Disposition Table
gives status of each law

Vital Legal
Documents

Secondary source by Central

Lawbook Company; CDROMs are
also available

Legislative History
- to determine intent, look at the history
Source
Congressi
onal
Record or
Journal
History of
Bills and
Resolution
s

Description
Utilize the index to these which have
subject approaches
Use this if the index is not available;
either of the House or of the Senate

Search for intent should begin here;

also in the Official Gazette; original
number of House or Senate Bill given
in left-side margin before the title
Then turn to the History of Bills and
Resolutions indicating the session of
Laws and
Congress; history of bill under bill
Resolution
number with page references to
s
Congressional Record
Always locate the 2nd reading of the
bill where the debate or discussion is
made
(4) Administrative Rules and Regulations
Administrative Regulation subsidiary law
designed to explain or carry out the details of
statutes that govern an administrative agency
Effectivity 15 days from the date of filing with
the UP Law Center unless a different date is fixed
by law (Sec. 4, Book VII, Admin Code of 1987)
Rules and Regulations to be filed with the UP Law
Center
(1) statements of general applicability which
implements, interprets law

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(2) statements of general applicability which fix

and describe procedure in or requirements of an
agency
(3) amendments or repeal of any prior rule
(4) Regulations affecting private rights, privilege,
occupation, or business
(5) administrative disciplinary action and the
governing rules of procedure

(6) Rule on Custody of Minors and Writ of Habeas

Corpus in Relation to Custody of Minors
(7) Rule on Guardianship of Minors
(8) Rule on Adoption
(9) Rule on Commitment of Children
(10) Rule on Violence Against Women and Their
Children
Research in Case Law

Rules and Regulations that need not be filed

(1) interpretative regulations; those internal in
nature
(2) instructions on case studies made in petitions
for adoption
(3) on assignments or workload of personnel
(4) affecting only a particular or specific sector
(5) instructions by supervisors concerning their
subordinates
(6) memoranda internal; not affecting public
(7) memoranda disseminating any law of other
agencies
Sets published by the UP Law Center
Source
National
Administrative
Registrar
DOJ Rules and
Regulations
Rules of Procedure
of Administrative
Agencies

Description
Quarterly bulletin beginning
1990; text or rules duly filed
together with a complete
index and tables
Published in 2003
4 volume, published 20032006

(5) Local Legislation or Ordinances

- ordinances shall take effect after 10 days from
the date of a copy thereof is posted in a bulletin
board at the entrance or the provincial capitol,
city, municipality, or barangay hall in at least 2
other conspicuous places
- text disseminated and posted in English or
Filipino and in a language or dialect understood by
people of that LGU
- gist of ordinances with penal sanctions published
in a newspaper of general circulation
(6) Court Rules

Case Law = court opinions

Two categories:
(a) Conventional Decisions
- enforce all rulings rendered by regularly or
specially constituted courts of justice
(b) subordinate decisions
include
all
the
rulings
made
by
administrative and legislative tribunals
(1) Supreme Court Decisions
Source
General
Registry
Philippine
Reports
Official
Gazette
Supreme
Court Rulings
Annotated
(SCRA)
Lawyers
Review and
SC Advanced
Decisions
Supreme
Court
Unpublished
Decisions
CD ROMs

Finding Tool

Rules of Court govern the pleading, practice, and

procedure before all courts
FIVE MAJOR PARTS:
(a) civil actions
(d) evidence
(b) special proceedings
(e) legal ethics
(c) criminal procedure
Rules Promulgated by the SC pursuant to Sec. 13,
Family Courts Act:
(1) Rule on Examination of a Child Witness
(2) Rule on Juveniles in Conflict with the Law
(3) Rule on Declaration of Absolute Nullity of Void
Marriages and Annulment for Voidable Marriages
(4) Rule on Legal Separation
(5) Rule on Provisional Orders

Philippine
Digest

Republic of
the
Philippines

Description
Official text of decisions are
printed initially as advance
decisions; available at the Office
of the Clerk of Court
Decisions are published here
since 1901 to date
Publishes decisions on a
selective basis
Unofficial secondary source;
published by the Central
Lawbook Company since 1961
Published by Rex Printing; other
important decisions are
reproduced here
Unpublished decisions since
1946; compiled by Judge Nifatan;
2-volume; from March 1946-1960
Supreme Court Decisions 19962008 and updated every 6
months; Lex Libris-Jurisprudence
by CD Asia Tech; PhilJuris;
Description
Subject approach; covers 19011945
Volume 6 Desk-Book; contain full
list of titles and cross-references;
EN-SP glossaries; complete table of
cases of Phil Reports from 19011924
Vol.9,11,13 continuing Table of
Cases in subsequent volumes of
Phil Reports
Vol.11,13 Phil Citator appears;
arranged by volume and page
Continued the Philippine Digest;
covers July 4, 1946 to September
1958; including unpublished cases;

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Digest

Quick-Index
Digest
Compendiu
m of
Philippine
Jurisprudenc
e
Summary of
Supreme
Court
Rulings

Philippine
Law Report

8 volumes
Vol. 7 contains Phil Citator
Vol 8 contains Table of Cases
Vol. 9-17 supplements covering
digests of SC decisions from Oct
1958 Dec 1966
Index to the SCRA; 4 volumes
Vol 1-2 covers Vol.1-36
Vol. 3 covers Vol. 37-101
1945-1980; authored by Celso L.
Magsino in 9 volumes and 1989
Supplements in 2 volumes
Authored by Atty. Daniel Martinez;
to cater to students and bar
reviewees; 2 volumes, annually
from 1987-1996; arranged to the 8
bar subjects; gives detailed outline
and analysis at the beginning of
each chapter
Published monthly by UP Law
Center since 1974; contains case
digests of important cases as well
as texts of important laws

Supreme
Court
Decisions
Title Index

Published also by UP Law Center;

supplemented from 1976-1982 and
1982-1985

Case
Digests of
Supreme
Court
Decisions

Most current digest; prepared

monthly by the Committee headed
by Reynato Puno; each issue
contains a title and subject indexes
arranged alphabetically by
subjects

(2) Court of Appeals Decisions

Source
Appellate
Court Reports

Court of
Appeals
Court of
Appeals
Reports
Annotated
Velayos
Digest of
Philippine
Supreme
Court and
Court of
Appeals
Decisions

Description
Decisions of CA initially
published here; only available
volumes are Vol. 2 (Jan4-June30,
1937) and Vol.8 (Jan8-June30,
1947)
2d series; Vol.1 came out with
1961 selected decisions; then
came out annually until Vol.25
(1980 decisions)
Contain selected decisions;
published by Central Lawbook
Publishing beginning with Vol1
up to 10
Subject approach to CA
decisions; 24 volumes containing
decisions from 1942 1960;
series supplemented from 19611971 annual volumes

(3) Sandiganbayan Decisions

Jurisdiction of Sandiganbayan violations of the

Anti-Graft and Corrupt Practices Act, RA 1379
(PD1606, as amended by RA 7975 and 8249) and
Chapter II, Sec 2, Title VII, Book Two of the Revised
Penal Code
- only one volume of the Sandiganbayan Reports
was published containing Dec 1979 Feb 1980
decisions
American Legal Sources
- consult laws and decisions of US only if our laws
were copied from them and its principles of law
were adopted in the Philippines

(1) Research in US Federal Statutory Law

Source
(1) US Code
(USC)
(2) US Code
Annotated
(USCA)
(3) US Code
Service
(USCS)
Constitution of
the United
States of
America,
Analysis and
Interpretation
US Statutes at
Large (Stat)
Index of the
Congressional
Record
US Code
Congressional
and
Administrative
News
(USCCAN)
US Law
Weekly
(USLW)
US Code

Index of the
US Code

Description
Federal Constitution
Found in several publications;
found in beginning volumes of
these codes

one of the most extensive and

authoritative; edited by John
Killian;
published
by
the
Congressional Research Service
Federal Statutes
Search for legislative intent
begins here; original number of
the law given in the upper left
margin
Turn to this when the bill number
is acquired from the Stat.
Legislative intent can be found in
the section entitled History of
Bills and Resolutions
Prints the text of the act and the
abbreviated
version
of
the
committee reports pertaining to
the act
Selected statutes are published
here; looseleaf service published
by the Bureau of Internal Affairs
Divided into 50 titles or subjects
and contains notes to sources of
the text and to previous laws;
official code published by the US
Government Printing Office; new
updated code published every 5
years
Comprehensive, carries a list of
citations of the US Statutes at
Large with parallel citations of

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titles and sections

US Code
Unofficial publications of the
Annotated
West Publishing and Lexis Law
(USCA) and
Publishing;
contain
federal
US Code
statutes, annotations, notes or
Service
commentaries of decisions
(USCS)
Treaties and International Agreements
US Statutes at Texts of treaties published here
Large
until 1950
United States
Took on the publishing of treaties
Treaties and
after the 1950 US Statutes at
Other
Large; separate series
International
Agreements
(UST)
Treaties and
Each
treaty
published
in
Other
pamphlet form with a given
International
series number
Acts Series
(TIAS)
Treaties in
Issued
annually
by
the
Force
Department of State; official
index to the current US treaties
and agreements; offers citations
to all major treaty publications
such as the UNTS (Treaty Series)
International
Bi-monthly; published by the
Legal
American Society of International
Materials
Law; contain texts of treaties of
(ILM)
major significance; selective,
provides access to many recent
documents
reflecting
US
International Law developments
(3) Research in Case Law
Source

Description
US Federal Supreme Court
US Reports
Official publication of decisions;
published by West Publishing Co.
Alternative text to US Reports;
Supreme
published by West Publishing Co;
Court
carries a key number system
Reporter (SCt) which is used for court decisions
throughout the country
First
and
second
editions
US Supreme
published by Lexis Publishing Co;
Court Reports, together
with
SCt,
carries
Lawyers Ed
editorial
summaries
and
headnotes of each case and
access to headnotes is provided
by
Digests;
contains
legal
analyses or annotations on
issues
US Digests
Companion sets to the Reporter
Looseleaf service published by
US Law Week
the Bureau of National Affairs;
(USLW)
prints
important
current
decisions of the US Fed SC and
digests of decisions of Fed App
and district and state courts
Federal Appellate and District Court Decisions
US District Courts in 94 districts = general trial

courts
US Court of Appeals in 13 circuits = intermediate
appellate
Federal
Decisions of the courts published
Reports,
unofficially
here
by
West
Federal
Publishing;
Supplement,
contain a limited number of US
District Court decisions not
Federal Rules
published
in
the
Federal
Decision
Supplement
dealing
with
procedural rules under the Fed
Rules of Civil and Criminal
Procedure;
contains
articles,
speeches,
and
conference
reports on federal procedural
issues
Decisions of State Courts
Published in 2 forms: (1) official reports, issued
under the auspices of the courts and are
authoritative; (2) unofficial reports by commercial
publishers
Major comprehensive unofficial
National
reporting system; by the West
Reporter
Publishing Co; includes a series
System
of regional reporters publishing
the decisions of appellate courts;
divides the US into 7 regions
supplemented
by
separate
reporters for the most litigious
states (Ca, II, NY)
Wests Federal Together
with
the
National
Court Report
System Reporter, creates a
uniform system tied together by
the key indexing and digesting
scheme
Atlantic
Regional reporter of NRS; Conn.,
Reporter
Del., DC., Me; Md. NH., NJ., Pa.,
Rd., Vt.
Northeastern
Regional reporter of NRS: Ill.,
Reporter
Ind., Mass., NY., Ohio
Northwestern
Regional reporter of NRS: Iowa,
Reporter
Mich., Minn., Neb,, ND., SD., Wis.
Pacific
Regional reporter of NRS: Alaska,
Reporter
Ariz., Cal., Colo., Harv., Idaho,
Kan., Mont., Nev., NM., Okla.,
Ore., Uta, Wash., Wyo
South Eastern Regional reporter of NRS: Ga.,
Reporter
NC., SC., Va., W.Va.
Southern
Regional reporter of NRS: Ala.,
Reporter
Fla., La., Miss
South Western Regional reporter of NRS: Ark.,
Reporter
Ky., Mo., Tenn., Tex
California
For the state of California;
Reporter
supplement reporter of NRS
Illinois
For
the
state
of
Illinois,
Decisions
supplement reporter of NRS
New York
For the state of NY, supplement
Supplement
reporter of NRS
Index to all of the reporters; 3
digest sets that provide smallparagraph summaries of court
opinions written by every federal
and every state court that

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American
Digest System

American Law
Reports

American Law
Reports, 1st-5th
series
American Law
Reports,
Federal Series

publishes its opinions using the

West key-number system:
THREE DIGESTS:
(1) General Digests most
recent summaries every month;
cumulative tables in every 10 th
volume
(2)
Decennial
Digests

summaries
covering
10-year
periods; recompiled from the
Gen Dig
(3) Century Digests summaries
written from 1658-1896
Published
by
Lawyers
Cooperative
Publishing
Co.;
contains
complete
text
of
selected court opinions with
extensive commentaries
Devoted to general and state
legal issues

Writing the Memorandum of Pleading

- Good legal writing requires accuracy in legal
research, legal analysis, and reasoning
- requires awareness of the purpose as well as the
audience of the memorandum or pleading
- pay attention to grammar, substantive content,
lucidity of arguments, development, preciseness
of words, completeness of citations
- Philippine Manual of Legal Citations
Conclusion
- no uniform rule as to how extensive a research
should be
- influenced by extraneous factors
- Common Sense is needed

Devoted to issues of federal law

Electronic Sources of Law

- become more important to the practice of law
- stores a large amount of information in a small
amount of space portability
(1) Media for Electronic Legal Research
- Soft magnetic disks, CD ROMs,
(2) CDs Available Local and in the UP Law Library
- CDs made by Lex Libris and produced by CD Asia
- Access to Law publishes the 2-vol Laws
Annotated Series
- iLaw supreme court decisions from 1901 Feb
2005
- Supreme Court E-lib 1995-Oct 30,2008
decisions
- Philippine Legal Forms by Atty. Fernando Duque
- Everyones Legal Forms and Philippine Legal and
Government Forms by Atty. Ralph Sarmiento
(3) Other CDs available in the UP Law Library
ILOLEX; UNDP Human Development Report; UN
Sanctions and International Law; Proceedings of
the Preparatory Commission on Constitutional
Reforms; West Group Law School Solutions;
International Humanitarian Law; No Peace Without
Justice; World Development Sources; USSC; UNBIS
CD ROM; Univ of Ottawa Faculty of Law; Refworld;
Information; TIARA; WilsonDIsc
Reading and Updating the Law
- Locate the statute applicable, read its provisions
and cite
- Read the cases and make an internal evaluation
and external evaluation
- the researcher must make the final assessment
in understanding the cases and statutes

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