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Page 1 of 1 | Legal Research Premid Notes | amgisidro

Definition of Legal Research (PLIP)

a. Process of finding the law, rules and regulations that How a Bill Becomes a Law
govern activities in human society;
b. Locating laws and rules enforced by the State and the 1. The proposed bill is signed by its author and filed with
commentaries which explain or analyze these rules; the Secretary of either the Lower House or the Senate.
c. Investigation for information necessary to support legal 2. The bill will go through three (3) readings.
decision-making; i. On the first reading, the number and title for the bill
d. Process that begins with analyzing the facts and is read, followed by its referral to the appropriate
concludes with applying and communicating the results committee for study.
of the investigation ii. On the second reading, the bill is read in full along
with amendments proposed by the committee. The
Purpose of Legal Research bill is then subjected to debate and discussion and
will be voted on. If approved it would go through a
1. Find authority that will aid in finding a solution to a legal third reading.
problem; iii. On the third reading, the bill will be submitted for a
2. Provide competent representation; and final vote. If approved again, it shall be transmitted
3. Uphold the standards of the legal profession to the other house for concurrence.
3. The other House will go through the same process of
Separation of Powers having three (3) readings.
4. If the other House introduces amendments and the
The separation of powers is a fundamental principle in House from which the bill originated does not approve of
our system of government. The government established by the the amendments, the differences will be settled by a
Constitution follows fundamentally the theory of separation of meeting of the Conference Committees of both Houses,
powers into the legislative, the executive and the judicial. In whose recommendations will have to be approved by
essence, it means legislation (making of laws) belongs to both Houses.
Congress, execution (implementation of laws) to the executive, 5. There are three (3) ways how a bill officially becomes a
settlement of legal controversies (interpretation of laws) to the law:
judiciary. a. The President may either sign the bill to indicate
approval. In this case, the bill officially becomes a
Powers of President Ordinance Power (MPAGE) law.
b. If the President decides to exercise his veto
1. Memorandum Circulars powers, the Congress may re-pass the vetoed bill if
2. Memorandum Orders two-thirds of both Houses, voting separately, and
3. Proclamations
approve its enactment. In this case, the bill also
4. Administrative Orders
officially becomes a law.
5. General or Special Orders
c. If the President do not act on the bill within thirty
6. Executive Orders
(30) days after receipt, the bill officially becomes a
Line of Succession for the Presidency (not able to discharge law.
the duties of his office due to death, disability or resignation)
The Philippine Political System
1. Vice President President
2. Senate President President & Vice President The Philippines is a democratic and republican State.
3. Speaker of the House of Representative President, Sovereignty resides in the people and all government authority
Vice President & Senate President emanates from them. (Sec. 1, Art. II, 1987 Constitution)

Congress is mandated to enact a law enacting for a special Legislative Process Resolutions
election three (3) days after vacancy in the office of the President
and Vice President. The special election should occur 40 days 1. Joint Resolutions
but not later than 60 days after the enactment of the law. Require the approval of both chambers of both
Congress and the signature of the President
Exclusive Appellate Jurisdiction of the Court of Tax Appeals Have the force and effect of law
2. Concurrent Resolutions
a. Inaction by the Commissioner of Internal Revenue Require the approval of both houses but not
b. Decisions of the: transmitted to the President for his signature
i. Commissioner of Internal Revenue Have no force and effect of law
ii. Commissioner of Customs 3. Simple resolutions
iii. Central Board of Assessment Appeals Require only the approval of one chamber of
iv. Secretary of Finance
Congress and not referred to the President for his
v. Secretary of Trade and Industry and Secretary of
signature
Agriculture
Have no force and effect of law
c. Decisions, orders or resolutions of the Regional trial
Courts

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