LEGAL RESEARCH

SUBMITTED TO:
ATTY. APORTADERA

SUBMITTED BY:
GROUP 1
#8
#19
#23
LLB
I- WIGMORE
Legal Research and the Legislative Branch

One of the departments that utilizes and maximizes the function of Legal Research is the
Legislative Branch of the Government. Legal Research has been an essential part of this
department since it is both used before a bill, law or statute is passed and after it is enacted or
given effect. The legislative power is vested in a bicameral body, the Congress of the Philippines,
which is composed of two houses -- the Senate and the House Representatives. The Congress
of the Philippines is the country's highest law-making body. The Senate, headed by the Senate
president and often referred to as the "Upper House" while the House of Representatives, on the
other hand is referred to as the lower house. These seats are apportioned among the provinces,
cities, and Metro Manila, according to population.
The law-making function of Congress is very important. It passes laws that regulate the
conduct of and relations between the private citizens and the government. It defines and punishes
crimes against the state and against persons and their property.
Legal Research may be found in both printed and electronic materials. Hence, the legislative
branch considerably uses legal research in their daily activities and sessions most especially in
assessing an old law to be able to come up with a new and more encompassing and
comprehensive law to cater the needs of the society.

Legislators in Legal Research

The existence of legal research is crucial and vital in the function of the legislature. It facilitates
in the drafting of laws, resolution and amendments to be able to assess the needs of the public
and society.
Therefore, Legal Research in the legislative department is a tedious process of extensive
research which requires assessment of current events and review of the effects of laws passed
in the creation and preparation of a new law. Legislators take into consideration the factors of
creating a bill, which must be passed by the Congress and that this will be adjudged through
hearings, debates, amendments and deliberate discussions in the legislature, without which, this
would render the legislative department inefficient and unreliable.
In case of the process of a bill in becoming a law, if the bill is fully refined, and that the
subject matter and ideas are consistent derived from the investigations of the positive and
negative implications of the bill conducted by the legislators, it will be signed by the president until
it becomes a law or it can be vetoed if it was not passed. Said process is excruciating in
accordance to review and evaluation of societal demands in order to respond to the publics peace
and order through legislation or the passing of a law.
Some of the sources of laws where the legislators derive from in making such bills are the
existing Philippine laws, statutory laws, judicial interpretations, official gazettes, and if necessary,
they do caseworks in their respective areas.
The legislators usually participate in hearings to question witnesses, engage in mark-up
sessions to draft, amend and refine the text of legislation, and vote on whether such laws are
constitutional or unconstitutional.

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 There are four types of sources of aid enumerated in this research paper, both in the
primary and secondary, which the legislative department use in applying legal research, namely:
Legislative History, Deliberations and Discussions, Case laws and research tools, and the Media.
A. Contemporaneous Legislative History
A legislative history refers to documents drafted by Congress as a bill is introduced,
assessed, and debated. This is also used by lawyers and courts in an attempt to determine the
legislative intent in creating such law.
The legislators greatly value the contemporaneous legislative history as a source and
means of their legal research. This requires consideration of policys legislative in the historical
context of the enactment of the law and the specific order of events towards its implementation.
This contributes to the ascertainment of the legislative intent of the legislature behind the law or
bill proposed and enacted.
One example for said aid is the publication of the committee hearings and legislative
reports in the interpretation of tax laws or the proposed bill. By interpreting a said law using the
contemporaneous legislative history, gives the legislators a direction in determining the proposed
laws pros and cons. Another authoritative form is a congressional or conference report submitted
by both Houses where it embodies the scope and significance of the proposed law.
Throughout the legislative process, the Congress routinely attend committee hearings and
briefings, exercise extensive and thorough research of the law, both the old and the submitted
one, hold meetings and conversations with executive branch officials and have pertinent
discussions as such. In addition, many legislators receive staff briefings based on a broad range
of sources, including congressional support agencies, local and national media outlets,
background material on legislative issues, etc.
B. Constitutional Deliberations and Discussions
The Philippine Constitution is a primary legal authority and is the source of all the rights of
the people and power of the agencies and instrumentalities of the government. It is the
fundamental law of the land where all government authority emanates from.
The legislators use Journals and Records in monitoring and keeping track of the
amendments and proposals raised during the legislative proceedings.
One example would be the determination of the purpose and value of Republic Acts. To
be able to determine such, legislators go through the printed Journals and Records of both
houses of Congress, which contain their deliberation. Furthermore, the Constitutional Convention
proceedings also provide for the background of each provision of the Constitution.
There are two Finding Tools and Materials:
1. Citator- is a finding tool that provides the subsequent history of reported cases and lists of
cases and legislative enactments construing, applying or affecting statutes.
2. Indexes -The word index usually means a subject-index which is like the index found in
textbooks, statutes, etc. A subject index is an alphabetically arranged topical words in which, by
means of references under each topic, material relating to these topics expressed in appropriate
words is digested.

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Thus, the aforementioned tools are emphasized to be resorted to by legislators whenever they
review certain legislation or submit a proposed bill or law. This creates an organized and orderly
review of the proposed bill.

C. Online Publications and Academic Legal Journals and Search Engines

In this technologically advanced generation, the online world plays a significant rule in
information dissemination and intensive research. The legal profession rests on the principle that
it must ne abreast of any legal developments manifested in the profession. Having said this, online
publications and academic journals are considered to be contributory to the function of the
legislators in legal research.
This third type of source of aid is a secondary source that discusses and analyses the
legal doctrines to be applied and considered in drafting a law or proposing a law. Once the
legislators resort to this kind of aid, various sectors can be easily identified and given weight
because of its strong influence in todays current events and that its persuasiveness in the societal
trend of the present day.
It has been a culture and accepted custom in the Philippine society that the online world
or what is also known as the Social Media, plays an important role in todays society. It has
become a persuasive mechanism of speech and expression of the will of the electorate.
Therefore, online surveys and legal journals are also good sources of research aid of the
legislators.
With respect to the demands of the public in various marginalized and underrepresented
sectors, the Legislators may take different approaches to learn how best to represent and address
these interests of the district harmonized with the interests of the general public. This may require
the identification of local, national issues or problems which need legislative action, and proposing
or supporting legislation which will address them.

D. Case laws
The last but not the least source of aid by the legislators are case laws or commonly known
as jurisprudence, commentaries in the statute, ordinances and legislative actions and codes.
Statutes are also considered a primary legal authority as these are rules and regulations
promulgated by competent authorities; enactments of legislative bodies (national or local). In this
regard, the deliberations of these case laws must be understood to be contributing to the research
and function of the legislator in the drafting, proposing and amending the law. With case laws, the
legislators appreciate the wisdom of the proposed law or bill. This guides them towards a
comprehensive proposal of the law.
With regard to the process of a bill in becoming a law, a bill goes through three readings
The first reading consists of reading the title and author(s) and its referral to the appropriate
committee(s). The committee then studies the bill and either submits it to the Committee on Rules
or is laid on the table. In the drafting of the resolution or bill, Congress is responsible as such. The
second reading comes after the bill has been included in the Calendar of Business where
sponsorships, debates, and amendments take place.

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 A vote is taken after all the debates and amendments, after which the bill is either archived or
goes through a third reading. Said amendments and debates require intensive legal research to
have a qualitative and substantive data based on their debates and amendments.

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 Legal research is required in this sense since the house will conduct a careful and
thorough review of the veto before they accept or override it. This can be done by
accumulating pertinent data that would strengthen the submitted veto.

CONCLUSION
The role of Legal Research in the Legislative process
Hence, Legal Research contributes a lot in the duty of the legislators both in the local and
national level by providing data on policymaking where they based upon their legislative
proposals. Furthermore, it is used daily as in the preparation of pleadings and resolutions. It is
often made as a toll for quality legislation and legislative actions on public requests or petitions
submitted to my committees. It is essential and relevant since the task of the legislative
department is to enact laws based upon the Philippine Constitution and special statutes. No
legislation can be approved unless backed up by legal research.
Proposals and suggestions are taken from the President, government agencies, private
individuals, interest groups, and legislators themselves (legal aspect materials/Tools, things to be
considered, factors, previous laws, existing laws and conditions, issues to be addressed, how to
enact a law, how a law is to be considered). This can be gathered from various marginalized
sectors and interest groups by holding needs assessment evaluation and by plenary sessions in
determining the constitutionality or unconstitutionality of the bill/law through the votes of the
majority.
Legal research makes the functions of the legislature easier and interesting because it
gives them access to legal tools and documents that guides to the mastery of legislative work.
Legislative research is regularly used the in the Legislative Branch, specifically the Legislators,
as it is required not only quality results but more importantly valid and lawful actions that will pass
the crucible test of legality.

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 It is essential for the legislature in keeping abreast with the laws and statutes passed; such
requirement makes legal research relevant and necessary in achieving quality and effective
legislation.

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