Legal Research a. T - Thing or subject matter (or controversy) e.g.

when a party claims that there is a violation of the

- process of finding the laws, rules and regulations that govern activities in human society terms of a contract, the contract becomes an essential fact of the dispute
- involves locating both the laws and rules which are enforced by the state and the commentaries which explain or b. A - Cause of action or group of defense e.g. in a dispute over a contract, the cause of action may be
analyse these rules breach of contract
- investigation of information necessary to support legal decision making c. R - Relief sought e.g. might be a civil action for damages to answer for the injury caused by the breach
- finding solutions to problems in the society of contract
d. P Persons or parties involved individuals or group that is significant to the solution of the problem or
The Need for Legal Research the outcome of the lawsuit
- to provide competent representation 2. Formulate the Legal Issues to be Researched
- uphold the standards of the legal profession - Initial intellectual activity that presumes some knowledge of the substantive law
- goal is to classify or categorize the problem into general, and increasingly specific, subject areas and to begin to
Sources of Legal Research hypothesize legal issues
1. Printed Sources - Consult general secondary sources for an overview of all relevant subject areas to provide background
a. Constitution information and to help formulate issues.
b. Statutes 3. Research the Issues Presented
c. Court decisions a. Organize and Plan (keeping of good records)
d. Administrative rules b. Identify, Read, and Update all Relevant Constitutional Provisions, Statutes, and Administrative Regulations
e. Scholarly commentaries c. Identify, Read, and Update All Relevant Case Law
2. Electronic Sources/Computer Databases d. Refine the Search
4. Update (as law changes constantly)
Sources of Law
1. Primary Sources Fundamental Research Skill: Case Briefing and Synthesis of Cases
- binding A. Case Briefing
- recorded laws and rules which will be enforced by the State - student's digest or condensation of a reported case
a. the products of legislative actions, codes and statutes - created to meet the students needs
b. judicial decisions - one case
c. administrative law/regulations and decisions of government agencies - identification of the issue
2. Secondary Materials Components of a Case Brief
- publications which are not primary authority but which discuss or analyse legal doctrine 1. Facts
- persuasive authority - describe the events between the parties leading to the litigation and tell how the case came before the
- annotations/explanations court that is now deciding it
- vary widely in purpose and quality, ranging from authoritative treatises by great academic scholars to superficial - must be relevant to the issue
tracts by hack writers - material facts/procedural background
a. treatises (book thoroughly discussing legal topics), commentaries, and encyclopaedias 2. Issue(s)
b. academic journals e.g. law reviews of law schools, publication like IBP Journal and the Lawyers Review - the question that the court must decide to resolve and dispute between the parties in the case before it
3. Finding Tools - identification of the rule of law that governs the dispute and ask how it should apply to those facts
- do not persuade, nor do they themselves have any primary or persuasive authority 3. Ruling
- means for locating primary sources - court's decision on the question that is actually before it
a. Digests - reprint headnotes summarizing pints of law from court decision in a subject classification 2. Synthesizing Cases
b. Annotations summarizes cases on particular topics - one subject
c. e. g. SCRA Quick Index-Digest, PHILJURIS and LEX LJBRIS (comprehensive and competing computer- - several cases
based legal research systems - correlate rulings of overall cases in one subject
The Legal Research Process (Systematic Approach)
1. Identify and Analyze the Significant Facts (surrounding the particular problem)
TARP Rule technique in analysing facts
Example of a Case Synthesis
The Supreme Court has decided six cases on psychological incapacity under Article 36 of the Family Code.
In the case of Santos v. CA, 240 SCRA 20, the Supreme Court ruled that failure of wife to return home or to
communicate with her husband for more than five years does not constitute psychological incapacity. Psychological
incapacity must be characterized by a) gravity, b) juridical antecedence, c) and incurability. It refers to no less than a mental
(not physical) incapacity that causes a party to be truly incognitive of the essential marital obligations.
In Chi Ming Tsoi, v. CA, 266 SCRA 324, the Supreme Court ruled that the senseless and protracted refusal of the
husband to have sexual intercourse to procreate children, an essential marital obligation from the time of the marriage up
to their separation ten months later is equivalent to psychological incapacity.
In Republic v. CA and Molina, 268 SCRA 198, the Supreme Court ruled that irreconcilable differences and
conflicting personalities do not constitute psychological incapacity. It then laid down the guidelines in the application of Art.
36 of the Family Code, to wit: 1) burden of proof belongs to the plaintiff; 2) root cause of psychological incapacity must be
a) medically or clinically identified, b) alleged in the complaint, c) sufficiently proven by experts, and d) clearly explained in
the decision; 3) incapacity must exist at the time of marriage; 4) incapacity must be incurable; 5) gravity of illness disables
the party to assume the marital obligations; 6) essential marital obligations are those in At. 68 to 71, and Arts. 220, 221, and
225 of the Family Code; 7) Interpretations of the National Appellate Matrimonial Tribunal of the Catholic Church should be
given great respect; and 8) Prosecution and Solicitor General must appear as counsel for the state.
In the case of Hernandez v. CA, 320 SCRA 76, the Supreme Court ruled that the husbands habitual alcoholism,
sexual infidelity or perversion and abandonment do not constitute incapacity.
In Marcos v. Marcos,. GR No. 136490, Oct. 19, 2000, the Supreme Court ruled the psychological incapacity may be
established by the totality of the evidence presented. Examination by physician or psychologist is not a condition sine qua
non for the declaration of psychological incapacity. Although the husband failed to provide material support and resorted to
physical abuse and abandonment, the totality of his acts does not lead to psychological incapacity.
In Republic v. Dagdag, GR No. 109975, Feb. 9, 2001, the Supreme Court ruled that the complainant wife failed to
comply with the evidentiary requirement under the guidelines set in the cases of Santos and Molina, as she failed to present
a psychiatrist or medical doctor to testify; the allegation that the husband is a fugitive from justice was not sufficiently
proven; and the investigating prosecutor was not given an opportunity to present controverting evidences.
From the above cases, the Supreme Court has laid down both substantive and prolcedural requirements for
psychological incapacity. These substantive requirements are that the incapacity must be a mental one (Santos case),
existing at the time of marriage (Molina case), and is incurable (Molina case). It is characterized by gravity of illness which
disables the party to assume the essential marital obligations (Molina case). These obligations are restricted to those
mentioned in Arts. 68-71, 220, 221 and 225 of the Family Code (Molina Case).
The senseless and protracted refusal to have sexual intercourse for the procreation of children, an essential
marital obligation, is equivalent to psychological incapacity (Tsoi Case).
The following do not constitute psychological incapacity: the failure of the wife to return home or to communicate
with her husband for more than five years (Santos case); the irreconcilable differences and conflicting personalities of the
spouses (Molina case); the husbands habitual alcoholism, sexual infidelity or perversion and abandonment (Hernandez
case).
The procedural requirements are that the burden of proof belongs to the plaintiff; the root case of the
psychological incapacity must be 1) medically or clinically identified, 2) alleged in the complaint, 3) sufficiently proven, 4)
clearly explained in the decision, 5) the interpretations of the National Appellate Matrimonial Tribunal of the Catholic
Church are entitle to great respect; the prosecution and the Solicitor General must appear as counsel for the State. (Molina
case).
Psychological incapacity may be established by the totality of the evidence presented. Although the husband
failed to provide material support and resorted to physical abuse and abandonment, the totality of his acts do not lead to
psychological incapacity (Marcos case).
AS the complainants wife failed to comply with the evidentiary requirements, as she failed to present a
psychiatrist or medical doctor and that the investigating prosecutor was not given an opportunity to present controverting
evidence, the petition is dismissed (Dagdag case).
However in another case (Marcos), the Supreme Court said that examination by physician or psychologist is not a
condition sine qua non for the declaration of psychological incapacity.
Statutory Law
Consists of:
1. The 1987 Constitution
- Law of the highest authoritativeness and obligation
- Supreme law of the land the ultimate authority to which reference must be made to determine the validity of
national laws, administrative regulations , local ordinance and executive actions
2. Treaties and International Agreements
- have the same force and authority as legislative enactments which the Philippines enters into with other countries
- Treaty compact made between two or more independent nations with a view to public welfare
Sources:
a. Official text is published in the Official Gazette and Treaty Series released by the DFA
b. Other documents authored by persons with the professional expertise on treaties and international
laws
3. Statutes Enacted by the Legislature
- Legislation is the formal enactment of laws by competent authority and in the proper manner
4. Administrative Rules and Regulations
a. Executive Orders administrative acts and commands of the President touching on the organization or mode
of operation of the government of the rearranging or readjustment of the districts, part or parts of the
Philippines and all acts and commands governing the general performance of duties by public employees or
disposing of issues of general issue
b. Executive Proclamations orders fixing the dates when specific laws, resolution, or executive orders
c. Administrative Orders confined to the exercise by the President of the Philippines of his power deciding
administrative cases
Government Agencies grouped in 2:
a. Agencies with implied quasi-legislative powers
- Have administrative rules and regulations which have not been expressly directed by law to be
issued, but are necessary in the proper discharge of the functions of the agency
- e. g. Bureau of Forestry, Bureau of Prisons, NBI, Bureau of Tourism Services, DSWD
b. Agencies with express quasi-legislative powers
- Specifically authorized by law to promulgate implementing rules and regulations
5. Ordinances Enacted by Autonomous Region
- legislative assemblies enact ordinances to govern the region and may create administrative agencies to operate in
the regions
6. Ordinances Enacted by Local Government Units
- enacts ordinances which are usually of local interest only
Case Law
- came from judicial authorities of the State
- second major category of primary sources of law

Case Law may be divided into:

1. Decision Proper from judicial courts/bodies
a. Decisions of the Supreme Court
b. Decisions of the Court of Appeals
c. Decisions of the Sandiganbayan
d. Decisions of the Court of Tax Appeals
e. Decisions of the Regional Trial Courts
f. Decisions of the Metropolitan Trial Courts, the Municipal Trial Courts and the Municipal Circuit Trial Courts
2. Subordinate Decisions from Quasi-judicial Bodies
a. Decisions of the Senate Electoral Tribunal and the House of Representatives Electoral Tribunal
b. Decisions of Administrative Agencies Exercising Quasi-Judicial Powers, such as:
a. COMELEC
b. CSC
c. COA
d. National Labor Relations Commission
e. Insurance Commission
f. Housing and Land Use Regulatory Board
g. DAR Adjudication Board