Escolar Documentos
Profissional Documentos
Cultura Documentos
The nature of Legal Writing Authority is any published source of law seting
forth rules, legal doctrine or legal reasoning that could be used as legal basis for legal
decision.
Kinds of Authority -
Examples -
American Jurisprudence, 2d
Corpus Juris Secondum (C.J.S.)
Examples of Cyclopedia –
Corpus Juris Secumdum (CJS) West Pub. 1959. 101 v. & 5v.
American Jurisprudence 2d Z(AmJr. 2d) Lawyers Cop., 2965-1978 83 v.
International Encyclopedia of Comparative Laws
Encyclopedia Juridica Espanola (F Seix, ed. 1910. 30 v
Modern Legal Systems: A Cyclopedia (K. Redden v.
Halsbury’s Laws of England 2d ed. 1952 12 v.
Practice Manual - This material provides you with a good understanding of the
procedural and substantive law as well as “hands on” instructions to file your proper case
in courts. This is a handbook that covers a specified area of practice.
FormsBooks - They are vital aid in drafting legal documents and include simple
instruments which are standard guides for lawyers, even law students in the legal
writing course.
Examples –
S. Guevara .. Legal forms…Annotated.. 1977
L.M. Tanada & F.A. Rodrigo, Philippine Legal Forms, 1979 2 v/
F.C. Fisher.. Philippine Legal and Business Forms 4th Ed. 1948
American Jurisprudence Legal Forms, Annotated, with pockets supplements
American Jurisprudence , Pleading and Practice Manual, with supplements
Textual - expository essays of varying lengths on significant legal topics chosen for
selected cases with essays.
Note: Editors select a case in point to illustrate a principle of law that warrants
annotation and discusses all cases involving an issue and give exceptions to and
qualifications and applications of those principles.
Finding Tools - It is the lawyer’s job to ascertain the state of the law on a particularly
issue in order to be able to predict with reasonable certainty the success of a cause of
action or defense. Thus, they are faced with a problem of locating primary authorities
onm which they and the court will rely on in determining the outcome of a case .
Digest - they are indexes to reported cases, providing brief. Unconnected statements
of court holdings on points of law which are arranged y subjects
LAW DICTIONARIES
Legal Dictionaries collect the definition of legal terms in alphabetical order with
citations to source either from statute, decision or text.
Citators -
They are research aids which provide notational information on the status of a
particular case law or the current status of a statute. The purposes of a citator are to
give history and the treatment of a decision or statute by means of symbols. Likewise,
it can be used to find other decisions similar to or dependent upon the case under
consideration.
The term “Shepardize” is defines as the process of checking of the status of cases or
statutes in the Shepard’s Citations.
Ex.
Dizon’s Philippine Citations (1937)
Ex
Rule 45 and Rule 65 of the Rules of Court how the 2 rules of applied by the
Supreme Court.
With liberal spirit which pervades the Rules of Court and in the interest of justice the
Court may treat a petition for certiorari as having been filed under Rule 45, more if it
was filed within the reglementary period for filing a petition for review.
(Nunez vs. GSIS Family Bank G.R. No. 163988, Nov. 17, 2005)
Legal Research …… Page 4…
However, in Talidano vs. Falcon Maritime & Allied Services, et al., the Supreme
Court gave due course to a petition for certiorari under Rule 65, notwithstanding that the
proper remedy is a petition for review
Statutes and decisions of the Supreme Court may be reversed from time to time,
under Shardizing system, one has to research whether this concept is still applicable or
has been overruled or nullified, reversed by a new decision.
Insofar as statutes citations are concerned, the notations cover the form and operations
of the law by the legislature and the courts..
Indexes
Indexes are alphabetical lists of important words and concepts covered in a book, a
set of books or reseach source that assists the researcher in locating the primary or
secondary sources:
Ex.
R.B Gorospe & R..L Echiveri, Indexes to SCRA Annotations v. 1- 327,
1981-2001 (IJA,2002)
Directories
Law directories lead you to information about lawyers, law firms, law schools, law
libraries courts or administrative agencies. They vary in approach and scope in giving
information about lawyers, their addresses their laws firms and the field of practice;
their contact addresses and contact numbers -
Ex. –
Supreme Court of the Philippines , Law List 2003
Tables
Examples:
Other Sources
Opinion of Legal Experts, Ex. Manresa, Commentaries on the Spanish Civil Law.
NOTE: These sources could be utilized if the Philippine Law is patterned after the
said foreign law.
Before using the facilities of the library, critical fact-related steps must precede
your research in law books. They are as follow:
a.. Gather the facts from the problem raised by your client’s situation and put on paper
Five (5) “Ws” and One (1) “H” for convenience.
In Other Words:
After you have gathered all the facts, formulate the legal issue to be resolved.
In fact analysis, one focuses on five elements common to the problems. The purpose
of such analysis is the suggested points of departure in the search for legal materials
descriptive words in the problem since these will lead .to relevant words in law books
T- thing or subject matter in the controversy without which the problem could have not
arisen.
A - Cause of Action or Ground of Defense. The cause of action is the claim asserted by
one person against the other while the ground of defense is the position of one as
against the other whose the claim is asserted. Identify the alleged infraction or wrong
suffered by the plaintiff or those reason in law and in fact given by the defense why
R – relief or object sought in the prayers. This element involves the purpose of bringing
in the suit or presenting the claim . Determining the legal remedy in the light of the
problem presented.
P - Parties, Persons or places. This element includes the relationship of the parties and
as to whether they are members of the same family, the same social group, their
professions or what there commercial activities are. The purpose here is to determine
whether there special laws which govern their relationship. For instance if the belong to
the same family, we have to refer to the Family Code. If they are bankers, then we
have to look into banking laws or the corporation law itself. As to places, we have to
In gathering facts, you should also ascertain the following early source of information.
. People - In any even that occurs, consider clients, witnesses or victims have spoken
Books, periodicals and reports –depending upon the nature of the case, look for police
condition of a person.
Identification of Issues -
What are legal issues? They involve questions about how the law relates to the facts
of the case. Sometimes the issue involves only the law,i.e. “What are the elements of
the crime of rape? Sometimes they contain facts ,i.e. Is the offended party a minor? Also
in the crime of homicide and murder. One qualifying element may denominate the
Or organizing principles You place the issues in the order that the facts occurred
(chronologically) in order that they would be presented in court, like, claim - direct
testimonies, for plaintiff - defense - direct testimonies, or rebuttal for either party.
There are additional organizing principles, but all of them are premised on the theory
that you should address issues in the order that allows you to avoid redundancies
and to do the least “doubling back” your reasoning. Other issues like jurisdiction and
Page 8…. Legal Research…
statute of limitations have to be considered, otherwise this legal requirement may cause
the dismissal of the case. Also, the case may need a required Certification to File
Action in accordance with P.D. 1508. You must also be fully aware and
concerned on the filing of the proper case, and the proper relief or remedy sought in the
These issues are questions that legal research process will attempt to answer. It
As research short-cut, one must also classify the problem into any of the
.Constitutional law
Criminal Law
Statutory law
Administrative law
International Law
Case Law
resources , it is important to determine and understanding the purpose the resource were
designed to serve . The identify of the author , the edition and the publisher and the
Again, legal research is such an art as science. There are many approaches in
your research, but there is no single, best way to conduct it. It depends on your mode or
style. As long as you could search and find the best materials, your pursuit is achieved.
Page 9… Legal Research
.
APPROACHES IN SEARCHING FOR AUTHORITY -
cab generate a list of relevant words and phrases that appear in onr or more legal
research sources.
To ascertain the appropriate law or case to the problem, there are four law finding
This technique requires the use of subject o index to a book after the anlysis of the
After classifying the problem as to what subject filed it belongs, the researcher can
go directly to particular book on the subject and scan the table the table of contents to
find where the topic appears. If you are using an encyclopedia or digest, there is a scope
When the name of an applicable law or citation is known, proceed to the table of
cases found in the digest, an annotated report or compilation of statutes or some other
Definition Method –
This method could only be utilized when a solution to a problem depends on the
meaning of a legal or non-legal term or phrase. For this purpose one can consult the
Sometimes a statute or a case is popularly known as “Manila Bay case” or the “NIPAS
Law”.The Philippine Annotated Laws carried a Table of Popular names for earlier laws.
Page 10… Legal Research…
There are sources such as code commentaries, treatises and legal periodical articles
The Spanish laws and royal decrees are contained I the Boletin Oficial and Gaceta
de Manila which can be found in the University of San Agustin Law Library in Cebu
City
As for sources during the U.S. Military Rule in the Philippines, issuances issued by
U.S. Military Governors, the researcher should consult the General Orders, 1900.
This was followed by the U.S. Philippine Commission, Minutes of Public Sessions fro
Proclamation were published from 1901 to 19134. Some of these materials are still
available at the National Library and photocopies are found at the U.P. Law Center.
One c an trace the history of an article of the Civil Code or the R3vised Pena; Code
by examining the end of each provision. If the number at the end of the article in
parenthesis , it means that one has search the cited article in the Spanish Civil Code
The rationale behind the new Civil Code provision can be elicited from the Report
of the Code Commission. For discussion on the Civil Code, consult Carmelo V. Sison,
editor of the Civil Code Reader which was published by the U.P. Law Center in 2005
CONSTITUTION -
The Constitutional history of the Philippines has undergone several periods starting
from the Spanish era to the Filipino concept of government during the revolutionary
period and the structure of the Philippine government during the American Regime up