LEGAL RESEARCH PROBLEM AND IDENTIFICATION ANALYSIS

Defined as "the process of identifying and Identify and analyze the problem
retrieving information to support legal decision-
1. collect the facts
making. In its broad sense, it includes each step
-listen
of a course of action that begins with an
-physical evidence
analysis of the facts of a problem and concludes
2. classify the facts
with the application and communication of the
-determine from those u discover what
results of the investigation." (In re: Mariano Del
is essential to such position in resolving
Castillo)
the issue.
-inconsequential facts, irrelevant should
Three basic steps in Legal Research
be set aside.
1. Problem Identification and Analysis -must be effective in this regard when
- What may be the reason you are into collecting facts through
notwithstanding their knowledge and narration of witnesses or individuals bc
understanding of the law, why is there that is one of the problems of lawyers
are still who does not make it to the bar when they start to talk with witnesses
examination. It is because they do not or parties to case. Kasi most of them are
know exactly how to identify the out of concern.
problem; knowing the real issue that is -provide only for those relevant.
raised by the circumstances as provided 3. Determine legal issue/s
for in the question. -issue is insofar as to the legality or
2. Information search and retrieval validity of termination of the employee.
- For whatever you may need for -whose termination appears to be solely
purposes of supporting the resolution because of pregnancy
you want to come out with. -won termination of woman was simply
- found relevant infor and jurisprudence because of pregnancy was lawful or
- what particular field legal.
- narrows down your search
- person approaches you from being 4. identify the jurisdiction
dismissed from work because she was - involves foreign employer, jurisdiction
terminated from employment due to is another forum
pregnancy. Was it legal? -(filipino employer), within ph legal
- Issue: employer-employee relationship system
- Limit the scope to the field of labor. - court for that quasi-judicial body who
3. Communication of the results. may have now jurisdiction to resolve
- Legal writing is part of legal research. It the issue raised by your client
is the most effective way of -jurisdiction does not lie with the
communicating your research judicial courts, judiciary. But rather it
would form this complaint in this legal
system.
SEARCH AND RETRIEVE OF INFORMATION COMMUNICATE RESULTS

1. find materials relevant to your subject 1. present answers or results clearly and
- Use finding tools: concisely
- Secondary and primary rules relevant to 2. cite sources correctly and accurately
subject matter
PURPOSE OF LEGAL RESEARCH
o Importance of hierarchy of rules
o several sources relevant to subj To find authority that will aid in finding solution
matter and instances when the to a legal problem
material u discover fr one
1. Primary Authority
source would be in conflict with
- Mandatory
the material u find in another
- Rules of law that are binding upon the
source although they appear to
courts, government, and individuals
be resolving the sme issue
- Consists of the law itself, as expressed
o rule pertaining to primary and
in the verbatim texts of the statute or
secondary sources
case law.
o while one is primary, and other
a. The Constitution
is secondary, primary will be
- Law that which other laws conform to
upheld
- Fundamental law of the land
- traditional and electronic sources
b. Statutes or statutory law
comprehensive legal research - Enacted by congress
- Must be in accord with the constitution
5 sources u should into ur research for
- Executive issuances (marcos –
it to be comprehensive:
presidential decrees)
- cases and jurisprudence
c. Administrative or agency law
- mandatory authorities (statutes, codes,
- Rules and orders issued by specific
rules & regulations)
departments who are in charged in
- congressional debates (history of
regard to legislation
passage of particular passage)
- Issued by agencies charged with
provisions are ambiguously worded
regulating an area of conduct
- law reviews, journals (opinions,
- Rules and regulations
excerpts of congressional debates that
d. Case law
are important)
- doctrine of stare decisis
- encyclopedia, dictionary
- decided or written opinions by courts
2. cross-reference materials for accuracy
- how a statute was interpreted becomes
3. ensure materials are up-to-date
part of the law of the land
- similar facts and instances decided by
court, adopt the jurisprudence
e. Muslim or Shari’a law
- Islamic law and customary law
 - Embraces legal, social, political and civil o Orders, Rules, Rulings,
relations Memorandum Orders and
Circulars
SOURCES OF PRIMARY AUTHORITY
 Local govt units - Ordinances
1. The Legislative Branch 3. The Judiciary
- Congress of the Philippines - The supreme Court
 Bicameral  Rules of Court
o The senate o Civil procedure
o The House of o Special proceedings
Representatives o Criminal procedure
o Evidence
Legislative Enactments
o Summary procedure
 Acts (1900-1935, 4,275) – statutes o Small claims cases
that were formulated and o Environmental cases
implemented at the time when we  Jurisprudence or Case Law
were under Americans o Decisions and resolutions
 Commonwealth Acts (1935-1945, (1901 – 2013, over 70, 000)
733) – statutes when we were  Decision – original
under commonwealth legislative declaration of
body; always subject to review by supreme court on a
the America particular case
 Republic Acts (1946-1972; 1987- resolving an issue
2013, 10,606) – independent of  Issue – ruling for
American sovereignty; statutes motion for
when we already ascertain total reconsideration of
independence from US decision that was
 Mga Batas Pambansa (1979-1985, reflected on the
884) – issued by the unicameral original ruling
Batasang Pambansa
SOURCES OF SECONDARY AUTHORITY
2. The Executive Branch - Commentaries on the law that do not
– office of the president have binding effect but aid in explaining
 Presidential decrees what the law is or should be
o (Marcos 1972 – 1985, - Materials that analyze, explain, or
2034), criticize the law or that help find legal
o Executive Orders (Aquino, authority (finding tools) (review
EO NO. 136), materials, lectures)
o Proclamations - Resources about the law and not the
 Treaties and international law itself
agreement 1. Legal encyclopedias
 Administrative agencies: 2. Legal dictionaries
 3. Restatements - In case law, the principle of stare decisis
4. Treatises (to adhere to precedents and not to
5. Legal periodicals unsettle things that are established is
6. Practice materials applied
o Art 8 of the civil code
Hierarchy of Authority
o Judicial precedence
International secondary – articles written by
international authorities (European Union) b. Persuasive
- Considered when there is no mandatory
International primary – decisions by foreign
authority on a subject matter
supreme courts
o Laws and decisions of other
Local secondary – those emanating from our jurisdictions
local primary o Opinions of govt agencies (BIR,
DOJ)
Local primary – MOST important
By source

a. Primary
For example
- Official records of the statute or case
Sexual harassment (Gender-based) law as published by the issuing agencies
b. Secondary
1. To jumpstart your research, start on
- Published by private or commercial
Local and International Secondary
entities
 That article will give u reference to
rulings to supreme courts old and Example
new law.
Law published by bureau of printing and other
is published by rex, bureau of printing will be
upheld and followed
Classification of law

By application
Primary sources
a. Mandatory
1. Statutory law
- Primary authorities: considered in
- Congressional record
making a determination in a legal
- Official gazette
matter
- Pursuant to EO No. 200 (1987):
- Statutes, presidential issuances,
newspapers of general circulation
international treaties and conventions,
2. Case law
administrative rules and regulations,
- Philippine Reports (published by Bureau
local ordinances, case law
of Printing)
- Must be FOLLOWED and must be CITED
- Official Gazette
FIRST
- Advanced sheets (actual copy of
decisions)
Secondary Sources

1. Statutory law
- Vital legal documents
- Commentaries, textbooks
- Lex Libris Laws, Philippine Law
Encyclopedia, Lawphil, Chanrobles
2. Case law
- Supreme Court Reports Annotated
(SCRA): published by Central Book
Company
- Supreme Court Advanced Decisions
(SCAD): published by REX Bookstore
- Lex Libris Jurisprudence: run by CDAsia