I.

CONSTITUTIONAL LAW RESEARCH

Constitution body of rules and maxims in accordance with which the powers of sovereignty are habitually exercised. Written instrument enacted by direct action of the people by which the fundamental powers of the government are established, limited and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic. Took effect on February 2, 1987 when people ratified it in a national plebiscite 18 Articles, including Transitory Provisions Basic purpose of constitutional law research find applicable constitutional provisions and principles to serve as primary authority in support a given argument. 2 situations: a) If the provision or principle has been extensively discussed already by the Supreme Court in many decisions, it will be relatively easy to invoke that provision or principle in a given situation. Example: The Supreme Courts Power of Judicial Review, Principles on Warrantless Arrests. Here, just read the cases, apply the decision which fits the facts and issue, and apply last step in Research Process, EXTERNAL EVALUATION find out whether decision has been modified, overruled, affirmed or reiterated b) If a provision has not been passed upon yet by the Supreme Court, it will require deeper research. Example: Question then on whether GMA can again run for President, Issue on PCSO Pajero-Separation of Church and State Here, a more extensive research is required. You will have to apply rules and principles in statutory construction. You may also have to look at convention proceedings to find out what exactly did the framers intend the provision to mean. (Note: similar to finding out legislative intent)

Whatever the situation, whether the provision has been extensively treated by the SC or not, useful materials can be accessed and read in SCRA, SC website, Chan Robles or Lawphil. 3 steps in Constitutional law research 1. Find a good constitutional law textbook advantage is to zero in on the applicable provision on a given problem. Examples: Fr. Bernas book, Justice Nachura Outline in Political Law, Justice Cruz Constitutional law 2. Find a good case the textbook cites the related cases. It is up to the researcher to dig further and read and discover the decision which applies squarely to the given set of facts this is INTERNAL EVALUATION 3. Find other relevant cases augment your authority. Find more applicable cases

II. STATUTORY RESEARCH Law body of rules of action or conduct prescribed by controlling authority, and having binding legal force Take note again of kinds of law and legislative periods as discussed in Political and Judicial Overview Be familiar with some terms used in legislation like Bill, Code, Enrolled Bill, Legislative Journal, Minutes, Veto, Overriding of Veto Also learn the parts of statute Title, enacting clause, preamble, body of statute, separability clause, repealing clause, effectivity clause 2 situations earlier mentioned in constitutional law research also apply to statutory research. 3 steps to effective statutory research 1. Determination of whether statute governs the situation in any way involves locating all possible statutes that may apply, then deciding which apply to the given facts. Example: sale of land

2. Read statute and identify what is required for it to apply consider elements of statute. Also, refer to court opinions, law review articles 3. Apply elements to the facts of the problem matching elements of statute to facts of case Sources of materials: Website of House of Representatives, Senate, SC Elibrary, Lawphil, Chan Robles. There are also statute books, but usually these are old already and not updated. Theres lex libris also. III.LEGISLATIVE HISTORY RESEARCH Legislative History Research is related to the 2 situations that researcher generally encounters, whether in Constitutional law research or statutory research. If the principle has been extensively discussed by SC, there is binding and persuasive interpretation already. If not, it is necessary to apply statutory construction or make deeper research this process of deeper research includes research of legislative history. Primary objective is to find out what exactly does the provision contemplate, what is its purpose and application; what is the legislative intent. To discover this, you may have to look at the history of the law. The history of the law can be found in the records of the proceedings in making the law. Note the steps in how a bill becomes a law, or the legislative process. There is a bill, a proposal or a proposed measure. Sometimes it is preceded by a privilege speech, or a call for legislative investigation. Then the matter is filed with the House or Senate Secretary, referred to the appropriate committee, public hearings are conducted, resource persons are invited, committee report or bill is submitted to the plenary, debates are conducted, voting held, transmittal to other chamber, constitution of bicameral conference committee, then the drafting of final bill. This is the history of the law. In the course of law-making, there is proper recording or documentation. Committee reports, resolutions and debates; until the final provisions are crafted. The records of the hearings, debates and other proceedings give information on what it is that Congress sought to address or solve by enacting the law. The records provide legislative history and intent. The committee reports, policy papers, journals and records of proceedings can be accessed and read in the concerned offices of either the House or Senate, or in their respective websites.

IV. CASE LAW RESEARCH

Case law decisions.

Creation and refinement of law in the course of judicial General term for class of official literary manifestations of law made up of cases decided by courts. Entire collection of published legal decisions, because of stare decisis, contributes to the legal rules which apply to the society Has become synonymous with jurisprudence

Note related provision in the Civil Code decision of court forms part of law of land Court opinion courts resolution of a legal dispute and the reasons in support of its resolution Values of studying court opinion: 1. 2. 3. 4. Helps Helps Gives Gives understand and interpret constitutional and statutory provisions understand the litigation process insight into the structure of legal analysis and argument guide to proper legal writing

Only decisions of the Supreme Court establish jurisprudence or doctrines in Philippine jurisdiction. Note principle of stare decisis. Only the SC en banc can overturn or depart from a rule or principle of law laid down in a previous case decided by the SC, whether by division or en banc. Contents of an SC decision: 1. Ratio decidendi reason for deciding or reason for the decision. It is the logic of the ruling. Statement of the law applied in deciding a legal problem raised by concrete facts of the case. Answers exactly the issue of the case. 2. Obiter dictum a remark by the way. Statement of law not essential part of the ratio is superfluous. An observation by the court on a matter not specifically before it for adjudication. A side opinion which does not form part of the judgment. Opinion given not upon the point or question pending.

Note: Important to know difference between ratio and obiter because only ratio creates precedent. (one of the elements of stare decisis given set of facts) Advantages of Case Law: 1. Consistency decision not subject to whim of the judge 2. Certainty legal community able to predict outcome of particular legal question 3. Efficiency saves time of the judiciary, lawyers, clients 4. Flexibility develop law in particular areas without waiting for Congress to enact legislation Note that foreign judgments although not binding may be persuasive in Philippine jurisdiction. Example: American Jurisprudence in corporation law issues Note the difference between res judicata and stare decisis. See elements of each Parts of a Decision a) Case name identifies the parties, states nature of proceedings vs. means adversarial in nature In re means in the matter of not adversarial (like adoption, change of name) b) c) d) e) f) g) h) i) Docket number The court The dates Ponente Counsels Opinion of court note dissenting concurring which is binding Dispositive portion or fallo dismissed, affirmed, acquitted Attestation

Publication of Decisions SCRA, SC Advance Decisions published by Central Books Per topic SCRA Quick Index Official sources Philippine Reports, Official Gazette Unofficial SCRA, SCAD

Electronic formats Lex Libris Case finders Martinez, Daniel, Summary of Supreme Court Rulings How to find case law use methods discussed. Access SC Website, Lawphil. See SCRA Quick Index. Read a book with cited cases.

V. TREATIES AND ADMINISTRATIVE LAW RESEARCH Treaty agreement or contract between 2 or more sovereigns or nations entered into by duly authorized agents for the purpose of governing particular aspect of their relations. Reference materials for treaties Official Gazette, Department of Foreign Affairs Treaty Series, United Nations Treaty Series, UP Law Center Philippine Treaty Series. However, there is no complete repository of treaties. The above publications are not complete and updated. Administrative Rules those issued for the effective enforcement of laws within the jurisdiction of each department or bureau. To be valid, must not exceed or go beyond the law it seeks to implement. How to research? Note the issuing agency and year issued because circulars start at 1 every start of year.

Sources Administrative agencies, their websites, UP Law Center Office of National Administrative Register, Official Gazette, Philippine Law Journal