CHAPTER 7: INTRODUCTION TO LEGAL
Types of Legal Authorities
RESEARCH
1. Legal research
LEGAL RESEARCH
- the search for authority that can be applied to a
given set of facts and issues.
- the process of identifying and retrieving
information necessary to support legal decision-
making.
LEGAL ANALYSIS
- process of determining how the law applies to
the problem.
*Legal research and analysis involve determining
how the law applies to the facts of the case,
which in turn requires knowledge of what the law
is, how to find it, and the general principles that
govern its application.
2. Legal Research differ from Research in the
Contexts
 It is necessary to consult statutes (legislative
enactments), cases (opinions of the judiciary),
and/or regulatory materials (administrative
agency regulations and decisions. (primary
sources)
 Consult multiple sources and use different
techniques for each type of source.
 When presented with a legal issue, the
researcher must endeavor to lacate any
potentially relevant authority which would be
binding in the applicable jurisdiction.
 Since the law is organic, the legal researcher
must also learn to appreciate the need to
update and verify every source.
3. Legal Authority
 Purpose of legal research: to find the
authority that will aid in finding a solution to
a legal problem.
 the process of legal research and legal
analysis: requires a determination of what
law applies to a legal question and how it
applies
 it is necessary to have an understanding of
the law and the basic doctrines and
principles that govern and guide the
analysis of the law.
Challenges of legal research and legal analysis:
1. Selecting appropriate legal authorities
2. Selecting appropriate search terms to find the
legal rules in the resource that is being
searched.
4.
1. Primary Legal Authorities
-authorized statements of law issued by
governmental bodies.
-official pronouncements of the law by the
legislative branch (constitution and statutes),
judicial branch (cases), executive branch
(treaties, executive orders, administrative rules
and regulations, and ordinances).
-rules of law and are binding upon the courts,
government, and individuals.
-can either be mandatory (binding) or
persuasive (non-binding)
 Mandatory statutory authority
- Must be followed under the principle of
Stare Decisis, unless the court decides
that changed circumstances warrant a
different outcome.
*Stare Decisis: encourages stability of the legal
system and provides mechanisms for
individuals to predict the outcome of their
behavior.
 Persuasive primary authority
- include court decisions of other
decisions of other jurisdictions, which do
not have to be followed but which may
be used as examples of good
reasoning.
- -anything that the court is not bound to
follow, but which it may follow or
consider when reaching a decision.
- Ex: using US laws if the issue relates to
a law in the PH in a persuasive manner.
*Courts refer to and rely on primary authority
first when resolving legal problems.
*If primary authority governs the resolution of a
legal question, it must be followed by the court.
2. Secondary Legal Authorities
-descriptions of, or commentary on, the law.
-includes law review articles, treaties,
Restatements of the Law, legal encyclopedias
and other similar items.
 5. President of the Republic
-GR: The President of the PH cannot enact
PRIMARY SECONDARY laws/ statutes.
(mandatory) (persuasive) -Martial Law (Legislative and executive was
Law itself Any other authoritative consolidated; Pres. Marcos= Presidential
source a court may rely Decree + EDSA Revolution; Pres, Cory
on in reaching a decision Aquino = Executive Order, for ex. Family
Can either be Can never be Code)
mandatory/ persuasive mandatory; persuasive 6. Form of Legal Information
only
Includes constitutions, Court may rely on that is PRIMARY SECONDARY
statues, ordinances, NOT the law (legal Constitutions (L) Annotations
administrative rules books, legal Statutes (L) Encyclopedias
and regulations and encyclopedias, Case Laws/ Law Review Articles
court decisions restatements of the Law, Jurisprudence (J)
treaties, and law review Administrative Periodical Publications
articles) Regulations (E)
Court must rely on Court is not bound to Executive Order (E) Treaties and texts
when reaching a consider Treaties (E) Attorneys general
decision opinions
Presidential Decrees Restatements
3 step process (determination of whether an enacted (E)
law applies to govern a legal question or issue) Municipal Laws and Foreign Sources
1. Identify all the laws that may govern the Ordinances (E)
question Form books
2. Identify the elements of the law or statute Practice guides
3. Apply the facts of the case to the elements
7. The Legal Research Process
*A primary authority is not always binding; Issue about 1. Analyze the facts and formulate a preliminary
Jurisdiction statement of issues.
Ex. Using US laws that is related to an issue in the PH 2. Familiarize yourself with the court structure of
- US SC decision is a primary authority in the US the jurisdiction
and it only treated as an persuasive here in the 3. Conduct background research to get an
PH. PH does not necessarily have to follow the overview of the subject area, identify issues and
US SC decision. terms, and get clues to primary sources.
*Purpose of secondary authorities: 4. Search for legal authority using appropriate
-to explain the primary authorities and locate the methods of updating.
primary authorities. 5. Read and evaluate primary authorities.
6. Make sure cases are still good law and you have
5. Sources of Authorities the current versions of statutes
 2 principal ways 7. Refine analysis and formulate conclusion.
 Legislative ad court action
 2 sources of law 8. Complexity of Modern Legal Research
 Enacted law/statute and common/case *Develop a research strategy and follow a good
law research methodology.
Other sources: *The more familiar you are with the resources
1. Legislature: Congress (House od Rep and available, the faster you can develop your
PH Senate); ex. RPC and New Civil Code of strategy, and the more effective it will be.
the PH
2. SC of the PH: Court decisions; case
law/common law
3. Administrative Bodies: enacted law ;
consists of constitutions, laws passed by the
legislative bodies, and regulations adopted by
administrative bodies.
4. LGU: ordinances and laws of local application
by virtue of delegated authority coming from
the PH Congress.