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    The Philippine Legal Research: Group Iv

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    Patatas Sayote
    This document discusses Philippine statute law, including the different types and classifications of statutes. It notes that statute law includes legislative enactments as well as executive orders and administrative regulations that have the force of law. Statutes can be classified based on the body that promulgated them, such as constitutions, treaties, acts, presidential decrees, and administrative rules. The document also provides sources for finding and researching these various types of statute law.

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    The Philippine Legal Research: Group Iv

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    Patatas Sayote
    44 views52 pages
    This document discusses Philippine statute law, including the different types and classifications of statutes. It notes that statute law includes legislative enactments as well as executive orders and administrative regulations that have the force of law. Statutes can be classified based on the body that promulgated them, such as constitutions, treaties, acts, presidential decrees, and administrative rules. The document also provides sources for finding and researching these various types of statute law.

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    This document discusses Philippine statute law, including the different types and classifications of statutes. It notes that statute law includes legislative enactments as well as executive orders and administrative regulations that have the force of law. Statutes can be classified based on the body that promulgated them, such as constitutions, treaties, acts, presidential decrees, and administrative rules. The document also provides sources for finding and researching these various types of statute law.

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    © All Rights Reserved
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    Download as pptx, pdf, or txt
    44 views52 pages

    The Philippine Legal Research: Group Iv

    Uploaded by

    Patatas Sayote
    This document discusses Philippine statute law, including the different types and classifications of statutes. It notes that statute law includes legislative enactments as well as executive orders and administrative regulations that have the force of law. Statutes can be classified based on the body that promulgated them, such as constitutions, treaties, acts, presidential decrees, and administrative rules. The document also provides sources for finding and researching these various types of statute law.

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    of 52

    The Philippine

    Legal Research

    GROUP IV
    Research in Statute Law

    Concepts, Scope, and Classification


    Statute Laws
    Promulgated by:
    • Competent Authorities
    • Legislative Enactments (national or local)
    • Executive or Presidential issuances
    • Rules and Regulations of:
    a. Administrative agencies
    b. Judicial Agencies

    Concepts
    Statute Laws
    It embraces not only the enactment of the legislative department
    of the government but also those rules and regulations which have
    the force and effect of law.

    Scope
    Statute Laws
    Research of statutory law does not end with consulting the law
    itself. At time, it extends to the intent of each provision or even
    the words used in the law – the Constitution and Legislative
    enactments.

    Scope
    Statute Laws
    Generally, can be classified into:

    • Conventional Legislation
    • Subordinate Legislation

    Classifications
    Statute Laws
    May also be divided in a broad sense:

    • External Legislation
    • Internal Legislation

    Classifications
    Statute Laws
    Classes:
    • Constitution
    • Treaties and other international agreements
    • Statutes proper
    • Presidential Issuances
    • Administrative Rules and Regulations

    Classifications
    The Philippine Legal System recognizes the
    following Constitutions:

    • Malolos
    • 1935
    • 1943
    • 1973
    • Provisional or Freedom
    • 1987

    Constitution
    Treaty
    is an agreement or a contract between two (bilateral) or
    more (multilateral) nations or sovereigns, entered into by
    agents appointed for the purpose and duly sanctioned by
    supreme powers of the respective countries.

    Treaties that do not have legislative sanctions are executive


    agreements which may not have legislative authorization, and which
    have limited execution by constitutional restrictions.
    Constitution
    Validity and Effectivity

    • Concurred in by at least two-thirds


    of all members of the Senate

    • Art VII, Sec 21 states those


    without the concurrence of the
    Senate are considered as
    Executive Agreements
    The President The President of the
    Philippines may enter into
    international treaties or
    agreements as the
    national welfare and
    interest may require, and
    may contract and
    guarantee foreign loan on
    behalf of the Republic,
    subject to such limitations
    as may be provided by
    law.
    The President
    Publication
    • Official Gazette Electronic Sources:
    1. Treaties and International Agreements
    • Department of Foreign Affairs Researchers Archives (TIARA)
    Treaty Series (DFATS) 2. WESTLAW
    3. LEXIS
    • United Nations Treaty Series 4. Internet
    (UNTS)
    • University of the Philippines
    Law Center’s Philippine Treaty
    Series (PTS)
    To locate the latest treaties:
    1. Department of Foreign Affairs
    2. Senate of the Philippines
    Publication
    • A formal memorandum of agreement between the Supreme Court and the
    Department of Foreign Affairs was signed at the Supreme Court for the
    digitization of full text of all the treaties entered into by the Philippines from 1946
    – 2010.
    • Online version: Supreme Court e-library

    • Other:
    • Philippine Treaties Index
    • Foreign Service Institute
    Other sources of treaties

    • Tax Treaties
    • Eustaquio Ordono has published a series on the Philippine tax treaties

    • Other sources:
    • American Journal of International Law
    • Philippine Yearbook of International Law
    tute Proper (Legislative Enactmen
    Statutes enacted by different legislative bodies:
     ACTS – enactments from 1900 – 1935
     Commonwealth Acts – enactments from 1935 – 1945
     Presidential Decrees – enactments from 1972 – 1985
     Batas Pambansa – enactments from 1979 – 1985
     Republic Acts – enactments from 1946 – 1972, 1987 – 2016
    Philippine Codes adopted from 1901 to the present:
     Administrative Code of 1987 (E.O. No. 292)
     Child and Youth Welfare Code (P.D. No. 603)
     Civil Code (R.A. No. 386)
     Cooperative Code (R.A. No. 9520)
     Corporation Code (Batas Pambansa Blg. 68)
     Family Code (E.O. No. 209)
     Insurance Code (P.D. No. 1460)
     Revised Penal Code (Act No. 3815)
    An important type of legal research which is of utmost
    importance is searching for the intent of the law. The following
    has to be determined:
    1. Was it introduced by both Houses of Congress or just by one of the
    Houses? - printed Journals and Records (S. No. and H. No)
    2. When the law passed is older than the last three or four Congresses –
    go to Archives Division of each House
    3. If law is passed in the last three or four Congresses – check their
    websites (www.senate.gov.ph) (www.congress.gov.ph)
    Executive (Presidential Issuances)
    • Those which the President issues in the exercise of his
    ordinance power that have the force and effect of laws.
    • Executive Orders
    • Administrative Orders
    • Proclamations
    • Memorandum Orders
    • Memorandum Circulars
    • General or Special Orders
    Before, Executive Orders and Proclamations were
    published annually in a set.
    There were 33 volumes published until 1935 by the
    Bureau of Printing.
    The YEAR it was promulgated is a must or needed to
    search for them in a library.
    If no year is available, the President and/or the
    Executive Secretary issuing it must be stated.
    As a new President is sworn in, Presidential issuances
    shall then start with No. 1.
    Official Gazette of the Republic of the
    Philippines
    • It was started by the Presidential Communications
    Development and Strategic Planning Office of the
    Office of the President.
    – During the term of Pres. Benigno Aguino
    • Executive issuances are published here starting
    with Pres. Manuel L. Quezon until the present.
    Administrative Rules and Regulations
    • These are issued by the heads of Departments,
    Bureaus, and other agencies of the government for
    the effective enforcement of laws within their
    jurisdiction.
    – They must be:
    • within the authorized limits and jurisdiction of the office
    issuing them
    • in accordance with the provisions of the law
    • Every year, they always start with No. 1.
    • 2 Important items:
    – Year it was promulgated
    – Issuing Agency
    • Sources:
    – Websites of the government agencies
    • including government owned and controlled corporations
    – Official Gazette
    – National Administrative Register
    – Electronic version (CD-ROM) by CD Asia, Inc.
    – Supreme Court e-Library
    Filing Requirement: 1987 Administrative Code
    (E.O. No. 292)
    • All government agencies including government-owned and controlled
    corporations are mandated to file 3 certified copies of their orders, rules,
    and regulations.
    – University of the Philippines Law Center’s Office of National Administrative Register
    • National Administrative Register (Published quarterly)
    • Each rule becomes effective 15 days after the filing with the UP Law Center,
    unless a different date is fixed by law or specified in the rule.
    • The court shall take judicial notice of the certified copy of each rule duly
    filed or as published in the bulletin or codified rules.
    • Every rule establishing an offense or defining an act, which
    pursuant to law is punishable as a crime or subject to a
    penalty, shall in all cases be published in full text.
    • Exceptions to the “filing requirement” :
    – Congress
    – Judiciary
    – Constitutional Commission
    – Military establishments in all matters relative to Armed Forces
    personnel
    – Board of Pardons and Parole
    – State universities and colleges
    Research of a case law
    Case Law or Judicial Decisions
    - official interpretations or manifestations of law made by
    persons and agencies of the government performing judicial
    and quasi-judicial functions

    Batas Pambansa Blg. 129


    - Reorganization of the Judiciary of 1980
    - It established the following court: CA, RTCs, MTCs, MCTCs
    *Shariah Circuit and District Courts (PD 1083), CTA (RA1125)
    and Sandiganbayan (PD Nos 1486 and 1606), Constitution
    (1987), Article XI, Section 4 were created by separate laws
    Conventional Decisions
    - decisions and rulings made by regularly constituted court of
    justice

    Subordinate Decisions
    - made by administrative agencies performing quasi-judicial
    functions

    *Supreme Court e-Library- 1901 to present


    SUPREME COURT DECISIONS
    - highest source of jurisprudence

    Classifications:
    1. Regular Decisions and extended Resolutions- provide the justice
    who penned the decision or ponente and the other justices
    responsible for promulgating the decision, whether En Banc or by
    Division. Separate dissenting and/ or concurring opinions are
    likewise published with the main decision.
    - published in court reports either in primary or secondary sources.
    - There is a certification from the Chief Justice after each decision
    is made.
    2. Minute Resolutions- bear the same force and effect as the
    regular decisions or extended resolutions.
    - Issued and signed by the respective clerks of court En banc
    or by any of the three divisions and signed by their
    respective clerks of court.
    - Not published in Court reports but the SC has now
    incorporated these Minute Resolutions, more particularly
    those tha2. Minute Resolutions- bear the same force and
    effect as the regular decisions or extended resolutions.
    t resolve a motion for reconsideration or those that explain or
    affirm a decision, and Administrative matters in the SC e-
    library under RESOLUTIONS.
    EXAMPLES OF CASE REPORTS IN THE
    PHILIPPINES
    1. Supreme Court Reports Annotated (SCRA)
    2. Supreme Court Advanced Decisions (SCAD)- has been
    discontinued

    PRIMARY SOURCES OR OFFICIAL REPOSITORIES


    OF DECISIONS AND EXTENDED RESOLUTIONS
    1. Official Gazette
    2. Philippine Reports
    3. Advance Sheets- printing has been discontinued
    * SC UNPUBLISHED DECISIONS- March 1946- February 1952
    *JURISPRUDENCIA FILIPINA- translated into english to become the
    Philippine Reports

    MOST POPULAR SECONDARY SOURCES


    1. SCRA and e-SCRA
    2. LEX LIBRIS JURISPRUDENCE CD-ROM and CD ASIA ONLINE

    TWO NEW SOURCES WHICH ARE ON SUBSCRIPTION


    1. My Legal Whiz; Easy Contextual Legal Research
    2. Law Juan Decisions, iTunes app
    *West Law International and LEXISNEXIS
    Topic or Subject
    Approach

    Supreme Court Decisions


    • Philipine Digest
    • Republic of the Philippines Digest
    • Velayo’s Digest
    • Magsino’s Compendium
    • Supreme Court’s Unpublished Subject Index
    • Martinez’s Summary of Supreme Court Rulings
    1984 to 1997
    • UP Law Center’s Supreme Court Decisions:
    Subject index digest’s
    • SC’s Case Digest’s
    • Philippine Law and Jurisprudence
    • Castigador’s Citations
    • SCRA Quick Index Digest
    • Lex Libris Jurisprudence
    Supreme Court Decisions
    Title Approach or
    Title of the
    Approach

    Supreme Court Decisions


    • Philippine Digest –Case Index
    • Republic of the Philippines Digest
    • Ong, M. Title Index to SC decisions
    1946-1978 2v.;1978-1981 1st
    supply;1981-1985,2nd suppl;1986 to
    present but available at the
    Supreme Court Library Services
    Law
    • Ateneo’s Index and Aquirre’s Index
    • Lex libris Jurisprudence/Template
    search

    Supreme Court Decisions


    Electronic Sources of
    research

    Supreme Court Decisions


    • Chanrobles.com. Chan Robles Law Firm
    Library
    • eSCRA. Central Book Supply
    • Law Juan. iTunes App (Jurisprudence)
    • Lawphil.net Arellano Law Foundation
    • Lex Libris:Jurisprudennce.online and CD-ROM
    updated quarterly CD Asia Technologies Inc.
    ( CD-ROM) and CD Asia online
    • My Legal Whiz; Easy Contextual Legal Research
    (https;//www.mylegalwhiz.com/)
    • Supreme Court e-Library
    • Supreme Court website

    Supreme Court Decisions


    Court of appeals
    decisions
    SOURCES
    TEXT AND SUBJECT
    • Online (1936 to Present)
    • Official Gazette (selective publication)
    • Selected Reports published by Court of Appeals until 1980
    • Courts of Appeals Reports (CAR) by Central Book Supply
    • Philippine Law and Jurisprudence
    • Reports Office of the Court of Appeals
    MORENO’S PHILIPPINE
    LAW DICTIONARY

    Title: Philippine Law Dictionary


    Author: Federico B. Moreno
    Publisher: Filipino Publishing Company, 1972
    Originated from: The University of California
    Digitized: 17 Jul 2009
    Length: 509 pages
    VELAYO’S DIGEST

    Other Titles: Digest of Philippine Supreme


    Court and Court of Appeals decisions
    Velayo's digest 1942-1960, new series
    Author: Ramon M. Velayo
    OCLC No. : 220832203
    Description: 24 volumes ; 24 cm
    Court of tax appeals
    Lex libris (1980-2004)

    • Taxation CD-ROM
    • Published Online starting
    from the Latest to its First
    Decision
    Sandiganbayan and the court
    of tax appeals
    SOURCES OF SANDIGANBAYAN DECISIONS

    • Sandiganbayan Reports vol. 1 (December 1979 to 1980)


    • Online
    • The Legal Office of the Sandiganbayan
    Decisions of administrative
    agencies, commissions, and
    boards
    Administrative agencies, commissions, and
    boards performing quasi-judicial functions
    • Security and Exchange Commissions (SEC)
    • National Labor Relations Commission (NLRC)
    • Insurance Commission
    • Housing and Land Use Regulatory Board (HLURB)
    • Government Service Insurance System (GSIS)
    • Social Security System (SSS)
    • Civil Service Commission (CSC)
    Sources
    • Official Gazette
    • SEC and CSC and some quasi-judicial agencies have their own
    publication found in their own websites
    • National Administrative Register (printed and CD-ROM / CD
    Asia)
    • Supreme Court e-Library
    • UP Law Center
    • CD Asia Technologies’ Lex Libris
    • Online

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