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    Legal Research and Thesis Writing 7-17-19

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    Duffy Duffy
    This document provides a course description and syllabus for a Legal Research and Thesis Writing course at De La Salle University College of Law. The course covers legal research methodology and skills, including both IT-enabled tools and manual research. It will assess students through recitation, seatwork, a midterm exam, and a final exam. The syllabus outlines key topics like the definition of legal research, sources of law including primary sources like statutes and case law, as well as the historical evolution and structure of the Philippine legal system. It discusses principles of legal research and analyzing case law precedents.

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    Legal Research and Thesis Writing 7-17-19

    Uploaded by

    Duffy Duffy
    120 views7 pages
    This document provides a course description and syllabus for a Legal Research and Thesis Writing course at De La Salle University College of Law. The course covers legal research methodology and skills, including both IT-enabled tools and manual research. It will assess students through recitation, seatwork, a midterm exam, and a final exam. The syllabus outlines key topics like the definition of legal research, sources of law including primary sources like statutes and case law, as well as the historical evolution and structure of the Philippine legal system. It discusses principles of legal research and analyzing case law precedents.

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    This document provides a course description and syllabus for a Legal Research and Thesis Writing course at De La Salle University College of Law. The course covers legal research methodology and skills, including both IT-enabled tools and manual research. It will assess students through recitation, seatwork, a midterm exam, and a final exam. The syllabus outlines key topics like the definition of legal research, sources of law including primary sources like statutes and case law, as well as the historical evolution and structure of the Philippine legal system. It discusses principles of legal research and analyzing case law precedents.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    120 views7 pages

    Legal Research and Thesis Writing 7-17-19

    Uploaded by

    Duffy Duffy
    This document provides a course description and syllabus for a Legal Research and Thesis Writing course at De La Salle University College of Law. The course covers legal research methodology and skills, including both IT-enabled tools and manual research. It will assess students through recitation, seatwork, a midterm exam, and a final exam. The syllabus outlines key topics like the definition of legal research, sources of law including primary sources like statutes and case law, as well as the historical evolution and structure of the Philippine legal system. It discusses principles of legal research and analyzing case law precedents.

    Copyright:

    © All Rights Reserved
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    Download as docx, pdf, or txt
    of 7

    De La Salle University

    College of Law

    Legal Research and Thesis Writing


    First Semester, 2019 – 2020

    Course Description
    A study of the methodology, skills and techniques of legal research. Subjects covered include: applied
    legal bibliography; research using IT-enabled tools; and manual research.

    Course Requirements:

    Recitation, seatwork 30%


    Midterm examination 30%
    Final examination 40%

    Course Syllabus:

    I. Introduction

    A. Definition of Legal Research


    B. Importance of Legal Research
    C. Sources of Legal Research
    D. Sources of Law
    1. Primary Sources
    2. Secondary Sources
    3. Finding Tools

     Magtajas v. Pryce Properties, G.R. No. 111097, July 20, 1994


     People v. Marti, G.R. No. 81561, January 18, 1991
     Citibank v. NLRC, G.R. No. 159302, February 6, 2008

    II. Philippine Legal System

    A. Historical Evolution of Philippine Law


    1. Pre-Spanish
    2. Spanish
    3. American
    4. Japanese
    5. Philippine Republic
    6. Martial law
    7. Republic Revival
    B. Overview of the Philippine legal system
    1. Executive
    President
    - Section 1, Article VII, The 1987 Constitution
     Marcos v. Manglapus, 177 SCRA 668, G.R. No. 88211
    September 15, 1989
    - Section 18, Article VII, The 1987 Constitution
     David v. Arroyo, 489 SCRA 160
    Vice – President
    Departments
    Bureaus
    - Section 17, Article VII, The 1987 Constitution

    2. Legislative
    - Section 1, Article VI, The 1987 Constitution
    - Section 26 (2), Article VI, The 1987 Constitution
     Tio v. Videogram Regulatory Board, 151 SCRA 208
    - Section 27, Article VI, The 1987 Constitution
    Senate of the Philippines
    - Section 2, Article VI, The 1987 Constitution
    House of Representatives
    - Section 5 (1), Article VI, The 1987 Constitution

    3. Judiciary
    - Section 5, Article VIII, The 1987 Constitution
    - Rule-making power
    Supreme Court
    - Section 1, Article VIII, The 1987 Constitution
    Court of Appeals
    - Section 9, Batas Pambansa Blg. 129 as amended by Republic Act No.
    7902
    Sandiganbayan
    - Section 4, Article XI, The 1987 Constitution
    Court of Tax Appeals
    - Section 7, Republic Act No. 1125 as amended by Republic Act No.
    9282
    Regional Trial Courts
    - Batas Pambansa Blg. 129
    Metropolitan Trial Courts, Municipal Trial Courts in cities, Municipal Trial
    Courts, and Municipal Circuit Trial Courts
    - Batas Pambansa Blg. 129

    4. Quasi – Judicial Agencies

    5. Constitutional Commissions
    - Article IX – A, The 1987 Constitution
    Civil Service Commission
    - Article IX – B, The 1987 Constitution
    Commission on Elections
    - Article IX – C, The 1987 Constitution
    Commission on Audit
    - Article IX – D, The 1987 Constitution

    6. Local Governments

    III. Sources of Law

    A. Sources of Law

    Primary sources of law - recorded laws and rules enforced by the state

    1. Constitution
    - Preamble
    - Article 7, The New Civil Code (NCC)
     Angara v. Electoral Commission, G. R. No. L-45081, July 15,
    1936

    2. Statutes or statutory law


    a. Statutes or Legislative enactments
    - Enactment of laws
    Section 26 (2), Article VI, The 1987 Constitution
    Section 27, Article VI, The 1987 Constitution
    - Repeal and amendment of laws
    - Presumption of validity
    - Declaration of unconstitutionality
     De Agbayani v. PNB, 28 SCRA 429
    - Effectivity of laws
    Article 2, NCC
     Tañada v. Tuvera, G. R. No. 63915, December 29,
    1983
     Honasan II v. The Panel of Investigating
    Prosecutors of the Department of Justice, April 13,
    2004
    - Article 3, NCC
    - Article 7, NCC
    - Article 8, NCC
     Tawang Multipurpose Cooperative v. La Trinidad
    Water District, G. R. No. 166471, March 22, 2011

    b. Executive/Presidential and other issuances of the different government


    agencies including GOCCs
    - Section 1, Chapter 1, Book III, Administrative Code
    - Section 2 to 7, Chapter 2, Book III, Administrative Code
    - Section 7, Chapter 2, Book IV, Administrative Code
    - Section 50, Chapter 11, Book IV, Administrative Code

    c. Treaties and international agreements


    - Section 2, Article II, The 1987 Constitution
     Pharmaceutical and Healthcare Association of the
    Philippines v. Duque, G. R. No. 173034, October 9,
    2007
    - Section 21, Article II, The 1987 Constitution
     Bayan Muna v. Romulo, G. R. No. 159618, February
    1, 2011
    d. Administrative rules and regulations
    e. Local ordinances and resolutions
    - Sections 1 to 2, Article X, The 1987 Constitution
     Magtajas v. Pryce Properties, 234 SCRA 255
    - Section 16, The Local Government Code (LGC)
     City of Manila v. Laguio, G. R. No. 118127, April 12,
    2005
     White Light Corporation v. City of Manila, G. R.
    No. 122846, January 20, 2009

    3. Case Law or Jurisprudence


    - Article 4, NCC
    - Article 8, NCC
    o Spouses Benzonan v. Court of Appeals, G. R. No. 97973,
    January 27, 1992
    o Silverio v. Republic, G. R. No. 174689, October 19, 2007
    o Re: Resolution Granting Automatic Permanent Total
    Disability Benefits to Heirs of Justices and Judges Who
    Die in Actual Service, A.M. No. 02-12-01-SC
    - Decisions Proper
    - Subordinate Decisions
    - Special Tribunals

    - Judicial System at present


    1. Trial courts of limited jurisdiction
    2. Trial courts of general jurisdiction
    3. Court of Appeals
    4. Court of last resort

    - Principles in studying case law


    1. Doctrine of Precedent
    2. Stare Decisis and Res Judicata
     Ting v. Velez-Ting, G. R. No. 166562, March 31, 2009
     Philippine Farming Corporation, LTD. v. Llanos, et
    al., G. R. No. L-21014 August 14, 1965
    3. Reversal of judgment and Overruling of decision
    - Section 4 (3), Article VIII, The 1987 Constitution
     Castro v. JBC, G. R. No. 191002, April 20,
    2010
    4. Ratio Decidendi and Obiter Dictum
     Obra v. Spouses Badua, G. R. No. 149125,
    August 9, 2007
     Office of the Ombudsman v. Court of
    Appeals, G. R. No. 160675, June 16, 2006
    5. Binding authority and Persuasive authority
    - Forms of Decisions
    1. Dispositive or Fallo and Ratio Decidendi
    Obra v. Spouses Badua, G. R. No. 149125,
    August 9, 2007
    2. Minute Resolutions and Decisions
    Philippine Health Care Providers, Inc. v.
    Commissioner of Internal Revenue, G. R. No.
    167330, September 18, 2009
    3. Opinion and Decision
    Disini v. Secretary of Justice, G. R. No. 203335,
    February 11, 2014
    4. Regulations and rulings of administrative agencies

    Secondary sources of law

    B. Classification by authority
    1. Primary authority
    a. Mandatory primary authority
    b. Persuasive mandatory authority
    2. Secondary authority

    C. Classification by source
    1. Primary sources
    2. Secondary sources

    D. Classification by Character
    1. Statute Law Books
    2. Case Law Books or Law Reports
    3. Combination of Stature Law Books and Case Law Books
    4. Law Finders

    IV. Legal Research Process and Strategies

    A. Systematic Approach to Legal Research


    a. Identify and analyze the significant facts surrounding the particular problem
    b. Formulate the legal issues to be researched
    c. Research the issues presented
    d. Update – determine if your legal bases have been repealed, altered, or reversed

    B. Search tools and finders, legal research systems


    1. Digests
    2. Annotations
    3. Indexes
    4. Legal encyclopedias
    5. Legal research systems
    6. Legal knowledge management systems

    C. Elements of legal research

    D. Common methods of search


    1. Topic method
    2. Fact word method
    3. Case method
    4. Dictionary method
    5. Popular name method

    E. Digesting cases
    Keep it to a useful length but do not shortchange the facts
    a. Facts
    b. Issues
    c. Ruling
    d. Ratio

     Orceo v. Comelec, G. R. No. 190779, March 26, 2010


     Villamaria v. Court of Appeals, G. R. No. 165881, April 19, 2006
     People v. Panis, 142 SCRA 664
     People v. Ortiz-Miyake, G. R. Nos. 115338-39, September 16, 1997
     Mercidar Fishing Corporation v. NLRC, 297 SCRA 440
     Philippine Airlines v. NLRC, 302 SCRA 582
     Samson v. NLRC, G. R. No. 121035, April 12, 2000
     PAL v. NLRC, 194 SCRA 139
     Judy Philippines v. NLRC, 289 SCRA 755
     National Bookstore v. Court of Appeals, G. R. No. 146741 February 27, 2002

    V. Citations

    A. Citation of statutes
    1. Constitution
    2. Session laws
    3. Codes
    4. Bills, Resolutions and Committee Reports
    5. Treaties and International Agreements
    6. Presidential Acts
    7. Administrative Rules and Regulations
    8. Ordinances
    9. Court Rules
    B. Citation of case law or jurisprudence
    1. Case Names
    a. General rule
    b. Exceptions

    Law:
     Rule 10.02, Canon 10, Chapter III, Code of Professional Responsibility.

    Cases:
     Allied Banking Corporation v. Court of Appeals, G.R. No. 144412, November 18,
    2003.
     Barayoga v. Asset Privatization Trust, G.R. No. 160073, October 24, 2005.
     China Airlines v. Chiok, G.R. No. 152122, July 30, 2003.
     Commission on Elections v. Noynay, G.R. No. 132365, July 9, 1998.
     Heirs of Enrique Tan, Sr. v. Pollescas, G.R. No. 145568, November 17, 2005.
     Hipos, Sr. v. Bay, G.R. Nos. 174813-15, March 17, 2009.
     In the Matter of the Charges of Plagiarism, etc., against Associate Justice Mariano
    C. Del Castillo, A.M. No. 10-7-17-SC, October 12, 2010.
     In the Matter of the Charges of Plagiarism, etc., against Associate Justice Mariano
    C. Del Castillo, A.M. No. 10-7-17-SC, February 8, 2011.
     Re: Subpoena Duces Tecum dated January 11, 2010 of Acting Director Aleu A.
    Amante, PIAB-C, Office of the Ombudsman, A.M. No. 10-1-13-SC, March 2,
    2010.
     Serana v. Sandiganbayan, G.R. No. 162059, January 22, 2008.
     Silvestre v. Ramos, G.R. No. 144712, July 4, 2002.

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