Natural law is a theory in ethics and philosophy that says that human beings possess

intrinsic values that govern our reasoning and behavior. Natural law maintains that
these rules of right and wrong are inherent in people and are not created by society or
court judges.

Aquinas's Natural Law Theory contains four different types of law:

Eternal Law, Natural Law, Human Law and Divine Law. The way to understand these
four laws and how they relate to one another is via the Eternal Law,

Public Law - Public law is the part of law that governs relationships

between legal persons and a government, between different institutions within a state,
between different branches of governments, and relationships between persons that are
of direct concern to society.

Private Law - Private law is that part of a civil law legal system which is part of the jus
commune that involves relationships between individuals,

LEGAL RESEARCH  
Code: LRES OLD  
Prof. Charito F. Rodriguez  
Sundays 8am to 10am; SECTION 13  

I. COURSE DESCRIPTION  

The course will introduce structures to the methodology of legal research and the prepa ration
of legal opinions, memoranda, or expository or critical paper on any subject ap proved by the
faculty member teaching it.*  

II. LEARNING OUTCOMES  

Upon completion of the course, students are expected to be able to:  

1. Understand the significance of legal research and the process and methodology  involved;  
2. Understand and distinguish the different types of legal sources, and the weight,  reliability and
binding or persuasive authority of each source;  
3. Develop fundamental research skills, i.e., to locate and sift through data and information
gathered from primary and secondary legal authorities;  
4. Recognize and observe the ethical and professional responsibilities in legal research and
writing through the proper use and citation of authorities in legal research; 
5. Know how to appropriately use available sources to research and understand the  relative
advantages of different methods of finding information;  
6. Learn how to apply analytical skills in using gathered data to construct legal ar guments and
formulate legal memoranda and legal opinions;  
7. Develop an appropriate research plan and apply, through the final output, what  has been
learned in the course.  
*Based on AUSL website on Bachelor of Laws curriculum and course descriptions:
https://arellanolaw.edu/ coursedescrip.html#lres000 (date last visited: 20 Sep 2020)  

III. LEARNING PLAN*  

Week Topic Activities 

1 -2 I. Introduction of the Course 

II. Introduction to Legal Research 

A. The Concept of Legal Research  
B. The Legal Research Process  
C. The Importance of Legal Research  
D. Violations of the Principles of Legal Re search: plagiarism and other unethical  conduct  
• Code of Professional Responsibility:  

When an oath of office is taken, lawyers are expected to live with integrity as a great
amount of trust is given to them. Being in the legal profession does not just mean
performing your duties as a lawyer, you need to have good moral character because
you will be dealing with the client's life, reputation and property. Lawyers are known to
be the servant of the law and they are expected to administer justice in fair and efficient
ways. As they uphold the constitution, lawyers must set an example by obeying laws
and promoting respect for law and legal processes. 

Rules 1.01, 10.01, and 10.02  

Rule 1.01 - A lawyer shall not engage in unlawful, dishonest, immoral or deceitful conduct.
Rule 10.01 - A lawyer shall not do any falsehood, nor consent to the doing of any in Court; nor shall he
mislead, or allow the Court to be misled by any artifice.
Rule 10.02 - A lawyer shall not knowingly misquote or misrepresent the contents of a paper, the language
or the argument of opposing counsel, or the text of a decision or authority, or knowingly cite as law a
provision already rendered inoperative by repeal or amendment, or assert as a fact that which has not
been proved.

• The Lawyer’s Oath  

I, do solemnly swear that I will maintain allegiance to the Republic of the Philippines, I
will support the Constitution and obey the laws as well as the legal orders of the duly
constituted authorities therein; I will do no falsehood, nor consent to the doing of any in
court; I will not wittingly or willingly promote or sue any groundless, false or unlawful
suit, or give aid nor consent to the same; I will delay no man for money or malice, and
will conduct myself as a lawyer according to the best of my knowledge and discretion,
with all good fidelity as well to the courts as to my clients; and I impose upon myself
these voluntary obligations without any mental reservation or purpose of evasion. So
help me God.

• In the Matter of Charges of Plagiarism,  

etc. Against Associate Justice Mariano  
C. del Castillo, A.M. No. 10-7-17-SC,  
October 12, 2010 & February 8, 2011  

E. Types of Legal Authorities  

Sources of Law – Statues or statutory law, Jurisprudence or case law (Presidential Electoral
tribunal, Senate Electoral tribunal, HRET.

• Primary Sources – are those recorded laws and rules which will be enforced by the state.
a. First Major category - Statutes passed by the legislature
b. First Major category - Regulations and rulings of administrative agencies and decisions of
appellate court.
c. Second Major Category - Judicial decisions (Supreme Court, Court of appeals case law)
d. Third Major primary source – Administrative Law (regulations and decisions of government
agencies)
  
- Bengzon v. Drilon, G.R. No.  
103524, A.M. No. 91-8-225-CA,  
April 15, 1999  

- The Hierarchy of Laws  

 the Constitution - the fundamental and supreme law of the land

 statutes - including Acts of Congress, municipal charters, municipal legislation, court rules,
administrative rules and orders, legislative rules and presidential issuances.
 treaties and conventions - these have the same force of authority as statutes.
 judicial decisions - Art 8 of the Civil Code provides that ‘judicial decisions applying to or
interpreting the laws or the Constitution shall form a part of the legal system of the
Philippines’. Only decisions of its Supreme Court establish jurisprudence and are binding on
all other courts.

To some extent, customary law also forms part of the Filipino legal system. Art 6, para 2 of the
Constitution provides that ‘the State shall recognise, respect, and protect the rights of indigenous
cultural communities to preserve and develop their cultures, traditions and institutions’.
The primary sources of Muslim law / Shariah are the Quran, Sunnaqh, Ijma and Qiyas.

• Secondary Sources – Treaties, commentaries, encyclopaedias,academic journals or law

reviews of law schools (IBP Jorunal Lawyers Review)

3-4 III. Primary Authorities of Legal Knowledge 

Lecture, Class Discussions, and Recitation/Quizzes 
Lecture, Class Discussions, Recitation, Group Reporting  and Class Work
 A. Constitutional Law: the 1987 Constitution  • The Concept of a Constitution  
• Brief Historical Background of  Philippine Constitutional Law  

The Philippine legal system is a mixture of customary usage, Roman (civil law) and Anglo-American
(common law) systems, and Islamic law. The legal system is the result of the immigration of Muslim
Malays in the fourteenth century and the subsequent colonisation of the islands by Spain and the
United States. The civil law operates in areas such as family relations, property, succession, contract
and criminal law while statutes and principles of common law origin are evident in such areas as
constitutional law, procedure, corporations law, taxation, insurance, labour relations, banking and
currency. 

• The components of the 1987 Constitution  STUDY next meeting 11

October

The basic principles and laws of a nation, state, or social group that determine the
powers and duties of the government and guarantee certain rights to the people.

The 1935 Constitution (1935-1943, 1945-1973) The 1943 Constitution (1943-1945)

The 1973 Constitution (1973-1986) The 1987 Constitution (1987-present)

 4.1 The 1897 Constitution of Biak-na-Bato.

 4.2 The 1899 Malolos Constitution.
 4.3 Acts of the United States Congress. 4.3.1 Philippine Organic Act of 1902.
4.3.2 Philippine Autonomy Act of 1916. ...
 4.4 The 1935 Constitution.
 4.5 The 1943 Constitution.
 4.6 The 1973 Constitution.
 4.7 The 1986 Freedom Constitution.
 1987 Constitution.

PREAMBLE

ARTICLE I National Territory

ARTICLE II Declaration of Principles and State Policies

ARTICLE III Bill of Rights- It

establishes the relationship of the individual to the State and defines
the rights of the individual by limiting the lawful powers of the State. . It guarantees civil rights
and liberties to the individual—like freedom of speech, press, and religion. It sets rules for due
process of law

ARTICLE IV Citizenship

ARTICLE V Suffrage

ARTICLE VI Legislative Department

ARTICLE VII Executive Department

ARTICLE VIII Judicial Department

ARTICLE IX Constitutional Commissions

ARTICLE X Local Government

ARTICLE XI Accountability of Public Officers

ARTICLE XII National Economy and Patrimony

ARTICLE XIII Social Justice and Human Rights

ARTICLE XIV Education, Science and Technology, Arts, Culture and Sports

ARTICLE XV The Family

ARTICLE XVI General Provisions

ARTICLE XVII Amendments or Revisions

ARTICLE XVIII Transitory Provisions

• Article 7, Civil Code  

Laws are repealed only by subsequent ones, and their violation or non-observance shall not be
excused by disuse, or custom or practice to the contrary.

When the courts declared a law to be inconsistent with the Constitution, the former shall be void and
the latter shall govern.

Administrative or executive acts, orders and regulations shall be valid only when they are not
contrary to the laws or the Constitution. (5a)

Lex prospicit non respicit

• The Preamble  -

We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just
and humane society and establish a Government that shall embody our ideals and aspirations,
promote the common good, conserve and develop our patrimony, and secure to ourselves and our
posterity the blessings of independence and democracy under the rule of law and a regime of
truth, justice, freedom, love, equality, and peace, do ordain and promulgate this Constitution.

• Enforceability of the provisions under Article II  

• Interpreting and understanding the  provisions of the Constitution  

- Plain Meaning or Verba Legis – Word should be given their ordinary meaning
Doctrine  

- Intent of the Framers of the  

Constitution - Deliberations of  
the 1986 Constitutional  Ratio Legis (Spirit of the Law) - Presumption: undesirable
consequences were never intended by a legislative measure.

Commission: Importance of  

reading the Journal of the   • Journal of proceedings

• Conclusive with respect to other matters that are required by

the Constitution
• Disputable with respect to all other matters
• By reason of public policy, authenticity of laws should rest
upon public memorials of the most permanent character
• Should be public

1986 Constitutional Commissioncussions- ARTICLE IX

Constitutional Commissions

Section 1. The Constitutional Commissions, which shall be independent, are the Civil
Service Commission, the Commission on Elections, and the Commission on Audit.

5-6
5-6 B. Statutes enacted by Congress (Legislation) – The 1987 constitution is “legislation” in the
broad sense although of higher political and legal obligation than ordinary legislation. Legislation
if the formal enactment of laws by competent authority and in the proper manner. Article VI
Section 1 – legislative power shall be vested in the congress of the Philippines which shall
consist of a senate and a house of representatives.24 senators, HR not more than 250
members,unless otherwise fixed by law.20%party list reps.Art VI section 26 par.1 every bill
passed by congress shall have one subject which shall be expressed in the title.upon becoming
a lawt hey are called RA.

• The concept of a statute – An act of the legislature, (Phil Commission, Phil Legislature,
Batasang Pambansa, Congress, Presidential Decrees of Marcos during martial law(1973
consitution, Eos of Aquinos Freedom Constitution)
• Process of passing a law: Article VI,  sec 27
Secretary reports bill for first reading
1. First reading – reading the number, title and referral to the appropriate committee.
Committee helds public hearing, submits report and recommendation for second
reading.
 2. Second reading - Bill is read in full (w/ amendments proposed), Bill is subjected to
debates, motion and amendments.Bill will be voted on. Approved bill shall be included in
the calendar for third reading.
3. Approved bills on 2nd reading will be submitted for final vote by yeas and nays.
4. Bill approved on 3rd reading transmitted to the other house for concurrence. If the other
house approves without amendment it is passed to the president. If there are
amendments and disagreements differences will be settled by conference committee of
both houses. Report and recommendation of the 2 conference committee will have to be
approved by both houses to be considered passed.
President – approves and signs
- Vetoes w/in 30 days
- Inaction w/in 30 days bill will become a law (pocket veto)
- If the president vetoes the bill is sent back to the house where it originates w/
recommendation.
- 2/3 of all members, bill is sent to the other house for approval
- 2/3 of the other house approves it becomes a law.
Legislative Journal – minutes of the proceedings of congress.
3 ways a bill becomes a law
1. President signs
2. Inaction of the president w/in 30 days
3. Vetoed bill is repassed by congress by 2/3 votes of all its members, each house voting
separately.

Section 26 and 27, 1987 Constitution  

• Effectivity of laws: Article 2, Civil  
Code; Tanada v. Tuvera, G.R. No.  
L-63915, December 29, 1986 

• Other principles: Articles 3, 4, and 7,  

Civil Code  
Article 3 ignorantia legis non excusat
Article 4 ex post facto law – laws shall have no retroactive effect, unless the contrary is provided
(favourable to the accused)
Article 7 - Laws are repealed only by subsequent ones, and their violation or non-observance shall
not be excused by disuse, or custom or practice to the contrary.When the courts declared a law to
be inconsistent with the Constitution, the former shall be void and the latter shall
govern.Administrative or executive acts, orders and regulations shall be valid only when they are not
contrary to the laws or the Constitution. (5a)

• Types of Philippine Statutes  

1. 1987 constitution
2. Treaties and international agreements
3. Statutes enacted by the legislature
4. Administrative rules and regulations
5. Ordinances enacted by the autonomous regions
6. Ordinances enacted by Local Government Units
Other classes of statutesProspective or retroactive – accdg. to
applicationDeclaratory,curative,mandatory,directory,substantive, remedial, penal – accdg. to
operationAccording to formoAffirmativeoNegative
- Enactments of the Philippine  
Commission (1900-1907) and  
P h i l i p p i n e L e g i s l a t u r e  
(1907-1935)  
- Commonwealth Acts of the  
FOR CLASS USE ONLY  
N a t i o n a l A s s e m b l y  
Lecture, Class Discussions, Recitation,  and Group Work/ Quizzes 
(1935-1945)  
- Republic Acts of the Congress  of the Philippines (1946-1972; 1987-
present)  - Enactments of the Batasang  Pambansa  
- Presidential Decrees  
• The records of the House of Repre sentatives and the Senate: The
importance of examining congressional deliberations  - Legislative
Journal – the intent of the framers. 
• Basic Principles of Statutory Construction  
- Ejusdem generis - Latin for "of the same kind," used to interpret loosely written statutes.
Where a law lists specific classes of persons or things and then refers to them in
general, the general statements only apply to the same kind of persons or things
specifically listed.
- Noscitur a sociis  – if the meaning of the law is unclear or it has ambiguous words it should be
determined by considering the words with which is is associated.
- Expressio unuis est exclusion alterius – the express mention of one
person, thing, or consequence implies the exclusion of all others. Principle
that what is expressed puts an end to that which is implied.
- Lex specialis derogat generali - General legislation must give way to
special legislation on the same subject, and generally is so interpreted as
to embrace only cases in which the special provisions are not applicable. 
In other words, where two statutes are of equal theoretical application to
a particular case, the one specially designed therefore should prevail.

7 C. International Law Sources  

• Sources of International Law: Article  
II, Section 2, 1987 Constitution  
• Difference between hard law and soft law  
• Treaty Law  
- Treaties and Executive  
Agreements  
• Application of foreign law/jurisprudence in the Philippines  
• Common International Law Documents 
Lecture, Class Discussions, Recitation,  and Class Work/ Quizzes 

8-9 D. Case Law: Jurisprudence  

• The Philippine Judicial System in a  
nutshell: Article VIII, 1987 Constitu 
tion  
• The concept of Jurisprudence: Arti 
cle VIII, Civil Code  
• The concept of Stare Decisis 
• The concept of Res Judicata 
• Law of the Case  
• Types of Court Opinions: Article  
VIII, Section 13, 1987 Constitution  
• Minute Resolutions  
• Obiter Dicta  
• Ratio Decidendi  
• Pro Hac Vice  
• Fallo  
• Difference between questions of law  
and questions of fact  
• Dissecting/analyzing Decisions of  
the Supreme Court  
• Briefing Cases 
10 MIDTERM EXAMINATIONS WEEK 

11 E. Ordinances issued by Local Government  Units  F. Administrative Issuances, Rules, and

Regulations issued by the Executive Branch  

IV. The Secondary Authorities of Legal Knowl

edge 
A. Legal commentaries and textbooks  
B. Legal periodicals, encyclopedia, and dictionaries 

12-13 V. Utilizing Search Materials and Legal Re search Tools  

A. Utilizing the Electronic Supreme Court Re ports Annotated (eSCRA)  
B. Utilizing lawphil.net 
C. Utilizing other online services (LexisNexis)  D. Utilizing the eLibrary of the Supreme Court  E.
Utilizing CD Asia 
Lecture, Class Dis cussions, Recitation,  Class Work, and  Workshop 

4 
14 VI. Utilizing non-legal materials   A. Directories  
 B. Government documents   C. News  
 D. Social Media 
  Class Discussions,  video showing;  Recitation, and re porting 

e, Class Dis cussions, Recitation,  

Classworks/practical  
exercises 
16 PREPARATION FOR FINAL EXAM/OUTPUT 

or draft ing Legal Memoran 

dum/Legal Opinion 

**loosely based on the course syllabus of Legal Research & Writing I, Ateneo Law School  

Class Attendance and Participation. Students are expected to come to class diligently  and
on time. At the start of every class, a roll call shall be conducted. The maximum  number of
class days that a student may be absent is 4 days. In accordance with the  AUSL Student
Handbook, a student shall be considered absent when he/she fails to be in  
FOR CLASS USE ONLY  
class within 25 minutes from the start of the class. However, if the student arrives in class 
COPYING AND DISTRIBUTION  
after the roll call but within the 25-minute period, the student shall be considered late/ tardy.  

However, absent students called for recitation during class shall receive a recitation grade  of
60% for the day. Further, when a quiz is conducted in class, absent students shall re IS PROHIBITED.
ceive a grade of 60% for such quiz.  

Incentive for Perfect Attendance. Students with perfect attendance at the end of the  Term
shall have the benefit of having their lowest quiz/recitation/class work grade can celled.  

Respect and Decorum. While the course shall be taught to facilitate the free flow of the 
exchange of ideas, all students must be professional and respectful at all times in their  dealings
with each other and with the course professor. Follow school dress code.  

Seek permission from the professor, before leaving the virtual classroom. Ideally, stu dents
must be ready before entering or joining the class to avoid disruptions. Mute com puter
microphone during lectures or whenever someone is speaking to avoid distractions  from
unwanted background noise.  
 5 
Submissions. All required written work shall be submitted on time during class hours  unless
otherwise stated. Any requirement submitted after the specified date and time  shall no longer
be received and accepted, and shall merit a grade of 60%.  

Academic Honesty and Integrity. Students are expected to fully abide by the institu tion’s
rules and regulations on academic honesty and integrity. Any student who, after  due notice and
hearing, shall be proven to have committed plagiarism shall be dealt with  in the manner
provided for under the institution’s applicable rules and regulations.  

Consultation. Students who wish to consult with the professor regarding any class mat FOR CLASS
USE ONLY  
ter may do so through e-mail: [email protected]  
COPYING AND DISTRIBUTION  
 IV. GRADING SYSTEM  

IS PROHIBITED.
Recitation, Quizzes, Assignments and Classworks 40% Mid-term Exam and/or
Output 30% 
Final Exam and/or Output 30% 

 V. REFERENCES 

- Rodriguez, Rufus, B., Legal Research (2002)  

- Santos-Ong, Milagros, Legal Research and Citations of the Philippines  (2013)  
- Aquino, David Robert C., Legal Research – Revised Edition (2014)  - Assigned
laws, rules and regulations, decisions of the Supreme Court, arti cles, etc.  

Online Resources:  

http://www.lawphil.net  
http://sc.judiciary.gov.ph/jurisprudence  
http://cdasiaonline.com  
http://central.com.ph/escra/  
https://www.officialgazette.gov.ph/  
https://www.senate.gov.ph/  
http://www.congress.gov.ph/  

Approved by:  

____________________________  
 Office of the Dean 
6