Research

Research SCANNER Normal JOJO 2 15 2002-01-15T05:20:00Z 2002-01-15T05:20:00Z 5 1524 8688 SC 72 17 10669 9.2720 110

5. Research in Statutory Law

5.1 Constitution

The Constitution being the fundamental law of the land sets the standard against which all statutes are ultimately measured.

5.1.1 1935 Constitution

� V. 1 and 2 of Philippine Annotated Laws (PAL)

� S. Laurel, Proceedings of the Philippine Constitutional Convention, 1966. 7 v. (sponsor, subject and provision approaches)

� Constitutional Convention Records, 1966. 11 v. (House of Rep. ed.)

� Journal of the Constitutional Convention of the Philippines (ed. by V.J. Francisco), 1961-65. 5 v.

� Philippine Lawyers Association, Philippine Constitution, origins, making, meaning and applications, 4 v. (Subject approach)

5.1.2 1973 Constitution

� Con-con Archives in the U.P. Law Library through its indexes

5.1.3 1987 Constitution

5.1.3.1 To know how certain provisions in the 1987 Constitution were interpreted by its framers, it is best to consult the five-volume Records of the Philippine Constitutional Commission and its three-volume Journals. Access can be had to these by using the computerized index in the U.P. Law Library arranged according to the number of the Article of the provision, subject and name of the sponsor/discussant.

5.1.3.2 Secondary sources:

� Bernas, Joaquin, The 1987 Constitution of the Republic of the Philippines 1988. 2 v.

� Cruz, Isagani A., Philippine Constitutional Law (1997).

� Padilla, Ambrosio B, The 1987 Constitution of the Philippines with Comments and Cases, Manila, Philippine Graphic Arts, 1987. 2 v.

5.2 Treaties and International Agreements

5.2.1 Texts of treaties to which the Philippines is a party are published in the:

� - Official Gazette (O.G.)

� - Philippine Treaty Series (PTS) published by the U.P. Law Center

� - United Nations Treaty Series (U.N.T.S.)

5.2.2 Indexes:

� Philippine Treaties Index, 1946-1982 published by the Foreign Service Institute. Divided into two sections: Bilateral Treaties arranged alphabetically by country or international agency; and Multilateral Treaties arranged alphabetically by subject.

� Index to U.N.T.S. is published for every 100 volumes and can used thru its alphabetical and chronological indexes.

� U.N. Multilateral Treaties Deposited with the Secretary-General; Status as of 3 Decmber 1997. This is published every three years.

� International Legal Materials (Published by the American Society of International Law) Contains recent treaties and conventions as well as decisions dealing on international law.

5.3 Statutes Proper

As of June 14, 2000, 17,027 statutes had been enacted since 1900. One could locate any Philippine statute through the LEX LIBRIS, and PHILJURIS which are computerized-assisted legal research tools containing text of laws thru number-title or subject approaches. The Republic Acts are printed in the Official Gazette and the Laws and Resolutions volumes of which are published by the House of Representatives and the National Printing Office.

5.3.1 Terminology of Statutes:

� Acts or Public Acts (1900-1935) - 4,275 laws

� Commonwealth Acts (1936-1946) - 733 laws

� Republic Acts (1946 – Sept. 21, 1972) - 6,635 laws

� Presidential Decrees (Sept. 21, 1972 – Feb. 20, 1986) - 2,035 laws

� Batas Pambansa (July 23, 1984 – Feb. 1, 1986) - 891 laws

� Executive Orders (Feb. 23, 1986 – July 26, 1987) - 302 laws

� Republic Acts (July 27, 1987 to present)

� RA 6636 to R.A. 8800 (July 19, 2000) which is the Safeguard Measures Against Import Surge Act - 2,156 laws

5.3.2 Indexes

� Philippine Annotated Laws, 20 v. and 1963 Suppl. 4 v.

� Albert & Daga, Philippine Laws Made Easier to Find. 1954

� U.P. Law Center, Philippine Permanent and General Statutes (PPGS) (Revised ed., 1978). 5 v.

� Moran's Index to Republic Acts with 1957 Suppl.

� Office of the President, Presidential Decree Guide & Subject Index, Nos. 1-1,000. 1976

� Feliciano, Subject Guide to Presidential Decrees and other Presidential Issuances 1972-1975. With 4 Supplements July 1975-1986 by M. Feliciano & A. Santos

� Vital Legal Documents Index Guide, 1976.

� Juan Rivera, Index to Republic Acts, 1946-1965.

� V. Aguirre, Subject & Title Index to Executive Orders Feb. 25, 1986-July 26, 1987.

� B.C. Arroyo & P.S. Frianeza, Topical Index to 1987 Presidential Issuances February 25, 1986-July 26, 1987, U.P. Law Center, 1987-1990 2 v.

� Current Legal Resources Services Bulletin, weekly update of Philippine laws, Supreme Court Decisions and Administrative Rules and Regulations, no. 1, 2000

� Computer Assisted Legal Research with such products as LEX LIBRIS and PHILJURIS

5.3.3 Texts

� Philippine Annotated Laws (PAL)

� Philippine Permanent and General Statutes U.P. Law Center, 5 v.

� Official Gazette (O.G.), v. 1, 1902 to date

� Public Laws Passed by the Philippine Commission. 31 v.

� S. Guevara, Public Laws Annotated, 7 v.

� S. Guevara, Commonwealth Acts Annotated. 3 v.

� Jacobo & Sons. Public Laws of the Commonwealth. 4 v.

� Laws and Resolutions of the Republic of the Philippines, 1946-1972; 1987 to date

� 1986 & 1987 Presidential Issuances; An Annotated Compilation of Executive Orders, Proclamations, Memorandum Circulars and Administrative Orders, edited by B.C. Arroyo & P.S. Frianeza, U.P. Law Center, 1987-1990. 2 v.

� Vital Legal Documents of the New Society. 114 v.

� Acts and Resolutions passed by the Batasang Pambansa, 1978-1986. 6v.

� Computer Assisted Legal Research through LEX LIBRIS & PHILJURIS (does not contain laws prior to 1946)

5.3.4 Legislative History of Laws

To determine legislative intent, there are two approaches:

5.3.4.1 Use the index to the Congressional Record or Journal

5.3.4.2 Use History of Bills and Resolutions of the House of Representatives or Senate volume which is arranged numerically by bill no. Examples:

H. No. S. No. P.B. No. C.B. No.

Locate the date of the second reading where the debates/discussions on the law are reproduced.

5.4 Administrative Regulations and Rules

5.4.1 The text of Administrative Regulations are found in the:

� Official Gazette

� The National Administrative Register, v. 1. 1990 to date (quarterly)

� Publications of particular administrative agencies such as:

� SEC Folio, 1946-1976

� SEC Bulletin

� Civil Service Reporter

� Financial Journal

� Central Bank Annual Reports and Compilations

� Implementing Rules and Regulations the Labor Code

� Comprehensive Agrarian Reform Program and Presidential Issuances

� Dangerous Drugs Board Regulations

� Omnibus Investment Code and Implementing Rules

� Insurance Reporter

� LEX LIBRIS has CD-ROMs on: Taxation; Local Autonomy and Local Government; Labor and Social Legislation; Election Law; Trade, Commerce and Industry; and Environment and Natural Resources; Department of Justice Opinions of the Secretary. Each thematic disc contains laws, administrative regulations and decisions of the Supreme Court.

5.4.2 Digests and indexes are provided by Current Legal Resources and Services; and Weekly Bulletin, issue number 1 of which was published in 2000.

5.5 Ordinances

5.6 Court Rules

5.6.1 Revised Rules of Court (1965)

� 1991 Revised Rule on Summary Procedure, as amended

� 1997 Rules of Civil Procedure

� 2000 Rules of Criminal Procedure

� Supreme Court issuances are compiled in Supreme Court Circulars, Orders, Resolutions (Supreme Court Printing Service, Oct. 1999). It consists of: Part I: 1973-1989; Part II: 1990-1999 with subject index

5.7 Military Rules

6. Researching in Case Law

6.1 Case Law is divided into:

6.1.1 Conventional decisions – all rulings made by regularly or specially constituted courts.

6.1.2 Subordinate decisions – all rulings made in accordance with law by administrative and legislative tribunals

6.2 Supreme Court Decisions

Court decisions are collected chronologically in volumes called case reports, and summarized by subject matter in reference works called case digests.

6.2.1 Texts of Supreme Court Decisions

� Philippine Reports, v. 1, 1901 –

� Official Gazette , 1901 to date.

� Supreme Court Reports Annotated (SCRA),

� v. 1, 1961 (v. 307, May, 1999 published to date)

� Supreme Court Unpublished Decisions; 1946-1960. (D.G. Nitafan, comp.) v.1, March, 1946 - March 1952 & v.2, March 12, 1952 -March 30, 1954.

� Computerized legal resources

� CD-ROM products like LEX LIBRIS and PHILJURIS

� The official website of the Supreme Court, www.supremecourt.gov.ph contains most recent decisions

6.2.2 Subject Approach

� Case Digests of Supreme Court Decisions. v. 1, 1989 - Quarterly. (Published by the Supreme Court).

� D. Martinez, Summary of Supreme Court Rulings, 1986 – 1996. Published annually in three to four volumes, it is arranged according to the eight bar subjects and "Research Aid" in every topic gives previous decisions on the subject matter.

� C.L. Magsino, Compendium of Philippines Jurisprudence (Supreme Court Decisions from 1945 to 1980) . 9 v. with two-volume 1989 Supplement.

� SCRA Quick Index – Digest, 1961 – 1976. 5 v. with annual Indexes

� Philippine Law Report , 13 v. 1, 1974 to date, published monthly

� Republic of the Philippines Digest 18 v. with 10 v. (1967-1971) Supplements.

� Velayo's Digest of Supreme Court and Court of Appeals Decisions. new series. (1942-1960). 25 v. with annual supplements, 1961-1977.

� Current Legal Resources and Services; Weekly Bulletin, no. 1, 2000 -

6.2.3 Case Approach

� Philippine Digest . V. 6, 9, 11 & 13.

� - Republic of the Philippine Digest . v. 8, 18 and Supplement to volume 18.

� Santos-Ong, Title Index to Supreme Court Decisions, 1945-1978. 2 v. with 1978-1982 Supplement.

� Aguirre, Title Index to Supreme Court Decisions 1982-1985.

� - LEX LIBRIS and PHILJURIS

6.3 Court of Appeals Decisions

6.3.1 Texts

� Official Gazette (selected decisions only)

� Court of Appeals Reports New Series. 24 v. (1961 – 1979)

� Court of Appeals Reports Annotated (CARA). v. 1, 1986

6.4 Other Courts

� Sandiganbayan Reports, v. 1, 1979.

6.5 Decisions of Administrative Agencies and Boards .

SEC Decisions, 1977-1981

COA Decisions

Rivera, Decisions of The Civil Service Board of Appeals, 1941-1960

6.6 American Setting

6.6.1 U.S. Federal Supreme Court Decisions

� U.S. Reports

� U.S. Supreme Court Reports, Lawyers Ed.

� Supreme Court Reporter (West Pub.)

� U.S. Law Week

6.6.2 Federal Appellate and District Courts Decisions

6.6.2.1 Texts:

� Federal Reporter

� Federal Supplement

6.6.2.2 Indexes:

� U.S. Supreme Court Digest

� American Digest System

� ALR Digest

� Federal Law Digest

6.6.3 State Courts Decisions – 50 states

6.6.3.1 Texts:

� Official State Reports

� National Reporter System

6.6.3.2 Indexes:

� American Digest System

� State Digests

� Legal Research

� LEXIS

� WESTLAW

� FIND LAW