Advanced Legal Research

Emmanuel L. Caparas
Chair, Court Technology Department Philippine Judicial Academy

City of Manila
17 April 2012
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If you can raed this, you have a creavite mnid too. I cdnuolt blveiee that I cluod aulaclty uesdnatnrd what I was rdanieg. Bcusae of the phaonmneal pweor of the hmuan mnid, aoccdrnig to a rscheearch at Cmabrigde Uinervtisy, it dseno't mtaetr in what oerdr the ltteres in a word are, the olny iproamtnt tihng is that the frsit and last ltteers be in the rghit pclae. The rset can be a taotl mses and you can still raed it whotuit a pboerlm. This is bcuseae the huamn mnid deos not raed ervey lteter by istlef, but the word as a wlohe. Azanmig! And I awlyas tghuhot slpeling was ipmorantt!

Woman without her man is nothing

Woman, without her man, is nothing

Woman, without her, man is nothing

Objectives
To identify various sources of information used for purposes of legal research

To identify and be able to apply modern or contemporary research methods

Fundamentals and Principles

Purpose of Legal Research

to ascertain the legal consequences of a specific set of facts (i.e., hypothetical, potential or actual)

The key to successful legal research is good organization followed by efficient execution.
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Facing the Facts (GAIA)

G athering A nalyzing I dentifying legal issues raised A rranging issues in logical order

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Gathering Facts
Sources
People Physical / Tangible Evidence Books, periodicals, reports Expert witnesses

Apply 5W and H approach

Who What When Where Why How
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Analyzing the Facts

Use TARP rule
T hing or subject matter A ction, cause of (or ground of defense) R elief sought P arties, persons, places

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Identifying Legal Issues

Results of factual analyses conducted will bring to the fore the specific legal matters in issue Legal research process will focus on and attempt to resolve these matters

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Arranging Issues
Organizing issues in a logical order leads to better management of the research process Helps increase the effectiveness and efficiency of the activity

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Conducting your research

Find the law Read the law Update the law

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Research Techniques
Generalized Approach
Search through encyclopedias, treatises, law reviews, and other secondary sources

Specialized Approach
Search on the basis of particular words and phrases strong point of electronic/digital sources
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Research Techniques
Or any of the following
Index/descriptive word method Statute or case method (known authority) Analytical method (known topic/table of contents) Definition method

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Research Techniques
Classify issues involved
Constitutional, statutory Case law problem Specific area of law Other specifics e.g., involving a particular person, object, place or phrase
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Finding the Law

Sources of law
Primary authority (official sources) statute law: Constitution, legislative enactments case law: jurisprudence

Secondary authority (unofficial sources) written expressions of the law that analyze or interpret the primary sources (considered persuasive) e.g., annotations, law reviews and journals, proceedings of law conferences 19

Types of Secondary Sources

Books of search annotated reports and statutes (e.g., SCRA, PAL, ALR, U.S. Code Annotated) loose leaf services (e.g., CCH Labor Law Reporter, P.H. Tax Reporter) encyclopedia (e.g., Alvirs Encyclopedia of Law, CJS, Am Jur)

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Types of Secondary Sources (cont.)

Books of index books of definitions (e.g., Morenos Phil Law Dictionary, Blacks Law Dictionary, Words and Phrases) digests (e.g., SCRA Quick-Index, ALR Digest) citations (e.g., Shepards, Paras, Dizons) form/practice books (e.g., Tanada & Rodrigo, Guevara Phil Legal Forms) indexes
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Types of Secondary Sources (cont.)

Electronic Databases Internet-based or on-line information CD ROM and other digital media publications

The Supreme Court e-Library is properly considered a primary source of all High Court decisions and other official judicial issuances appearing therein
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Notes on Secondary Sources

They generally refer to commercial publications or those not officially released by government agencies or instrumentalities. In the absence of a primary source, they may be cited (e.g., SCRA).
In this new age of information technology, electronic sources have become quite popular. This is due to the ready availability of huge volumes of data in compact form, as well as the relative ease with which research is conducted.
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Notes on Secondary Sources (cont.)

In the case of newspaper publications, there is room to argue that they may be considered primary sources. Basis for this is E.O. No. 200, s. 1987 that prescribes publication in the Official Gazette (OG) or two newspapers of general circulation before a law can take effect. In the event of conflict between the two versions, that appearing in the OG holds.
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Research of Statute Law

Statute law consists of:
Philippine Constitution Malolos, 1935, 1973, Freedom, 1987

Statutes proper 4,275 Acts (1900-1935), 733 CAs (1935-1945), 2,034 PDs (1972-1985), 884 BPs (1979-1985), 9,683 RAs (1946-1972; 1987-Feb 2008)
Treaties and other international agreements Administrative rules and regulations

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Research of Statute Law

Where to find them
Philippine Constitution (also proceedings) Natl Library, SC e-Library, history books, private publications Statutes proper (also debates) Senate/House Journal and Records, OG, SC e-Library, private publications

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Research of Statute Law

Where to find them (cont.)
Treaties and other international agreements DFA Treaty Series, OG, UP Phil Treaty Series, private publications Administrative rules and regulations Natl Administrative Register, OG, SC e-Library, private publications

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Research of Case Law

Case law divided into:
Conventional decisions by regularly or specially constituted courts

Subordinate decisions by administrative and legislative tribunals

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Research of Case Law

Case law consists of:
Supreme Court decisions Phil Rep, SCRA, SC e-Library, private publications Court of Appeals Decisions Decisions of Special Courts Sandiganbayan, CTA Decisions of Admin Agencies, Commissions and Boards
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Reading the Law

Internal Evaluation
Dicta Similarity between factual situation and problem searched

External Evaluation
Subsequent events Critical comments found in surveys, legal periodicals, treatises, annotations, and the like

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Updating the Law

Shepards Citations Paras / Dizons Citations RP Digest citator volume Computer-assisted research

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BASIC LEGAL RESEARCH METHOD

Broad Legal Research Topic CLASSIFICATION Constitutional Administrative Civil Criminal Commercial Procedural Substantive

FOCUS BY USING LEGAL INDEXES

BACKGROUND RESOURCES Legal Encyclopedia ALR Law Summaries / Digests / Restatements Textbooks Legal Periodicals Treaties / Monographs Form Books

CONSTI / STATUTORY LAW Constitution Treaties Court Rules Statutes Adm. Regulations Ordinances

OR

Annotations Citators Words & Phrases

RELEVANT CASES CITATORS COMPUTERS DIGESTS

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Helpful Tips
The ultimate goal in legal research is to find mandatory primary authorities bearing on the legal issues at hand. If these are non-existent or scarce, the next priority is to locate persuasive primary authorities. Should this still fail, relevant secondary authorities are the next resort. When a search is focused on primary sources, statutes should be the first priority. Reason: they can control other types of primary sources (except constitutional provisions).
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Helpful Tips
Summaries (e.g., case headnotes and digests, statutory annotations, etc.) are not necessarily accurate or authoritative statements of the law. While they may be helpful as guides, they can never stand in place of the primary authorities themselves. There is no substitute for reading the law in its complete, if not original form.
Titles of sub-topics used in case digests, as well as indexes in secondary reference sources (e.g., legal encyclopedias), do not classify legal subject matter with scientific precision.
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Helpful Tips
When searching thru a secondary source, start by reading the table of contents, preface or other introductory remarks (e.g., Scope Notes or Scope Analysis). These sections explain the coverage of the reference work and may help determine at the outset its relevance or usefulness to the research.

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Helpful Tips
Always begin legal research by surveying the latest source material, gradually moving on to earlier material, in order to maximize time. In the process, make sure to indicate the date of each research to facilitate future searches on the same subject matter. Make it a habit to look for authorities that support all proferred arguments and positions in respect of the contentious legal issue/s at hand.
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Electronic Legal Research

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Electronic Legal Research

Contemporary Approaches
Manual methods Computer-aided or digital tools CD-ROM or DVD Internet-based Handheld devices

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Electronic Legal Research

A Matter of Methodology
Traditional methods: manual search books and other sources and materials in hard copy
Electronic methods: computer-aided search CD-ROM / DVD Internet-based others (e.g., handheld devices)
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Electronic Legal Research

In this new age of ICT, electronic research methods have become quite popular. This is due mainly to the quick availability of voluminous data in compact and readily accessible form, as well as the relative ease with which research is conducted.

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Electronic Legal Research

Main Advantages
More comprehensive search options and coverage Quick results Work efficiency Mobility

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Electronic Legal Research

A few notes in general
Non-traditional research conventions search by any word/character or series of words/ characters (including dates and proper names) Hyper-linked materials Massive information in compact flexible media Ease of access and utility Relatively lower costs publishing, delivery, storage, updating and maintenance 42

Electronic Legal Research

Web / Internet / Online Sources
Ready access to massive amounts of information whether legal, law-related or unrelated Information at your fingertips literally, anytime and anywhere

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Electronic Legal Research

Helpful Tips
First priority: original sources of information Absent the original, look for sources and material that are: authentic or authorized (not pirated ) professionally produced or published at the very least, demonstrably reliable

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Electronic Legal Research

CD-ROM and DVD
SC e-Library Laws and Resolutions, 1992-2007 (House of Representatives) Justitia et Lex (PHILJA) Lex Libris, etc. (CD Asia) Accesslaw e-Library (Agoo)
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Electronic Legal Research

Websites
Judiciary Portal (www.judiciary.gov.ph) SC and CA, SB & CTA SC e-Library PHILJA Digital Library Private Sites (Free) Chan Robles Virtual Law Library (www.chanrobles.com) Arellano Law Foundation (www.lawphil.net)

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Electronic Legal Research

Websites
Private Sites (Commercial Subscription) CD Technologies Asia, Inc. (www.cdasiaonline.com) Lexis-Nexis (www.lexisnexis.com) Westlaw (www.westlaw.com) Other Free Sites public sector entities private domains

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Samples

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