DRAPER, Erika May I.

Legal Research
September 28, 2020
CPUJD 1-B Atty. Dephra Jane Articulo-Villoso

In legal research, researchers are required to make careful and critical evaluation of the sources
they study. Whenever one is researching through a book or a computer, he or she must be fair
with the three broad categories of legal literature which are the primary sources, secondary
materials and finding tools. Below are sources of law as discussed in the book Legal Research by
Rufus B. Rodriquez:

Firstly, primary sources of law are those recorded laws and rules which will be enforces by the
State. The first major primary sources are the legislative actions, codes and statutes. The second
major category primary sources are judicial decisions. And lastly, the third important primary
source is the administrative law, or the regulations and decisions of government agencies. Below
are ten of their respective examples:

LEGISLATIVE ACTIONS, JUDICIAL DECISIONS ADMINISTRATIVE LAWS

CODES & STATUTES
CIR v. Primetown: Article 13 of the Civil Code Executive Order No. 211, Series of 2020 - An
Administrative Code of 1917 does not distinguish between a leap year and a Order Implementing the Tanum Iloilo -
regular year. Province Wide Tree Growing with Social
Distancinf in the Province of Iloilo

Laureno v. CA: A person is presumed to be more Advisory No. 09, Series of 2020 - Guidelines
Revised Administrative Code of knowledgeable about his own state law than his on the conduct of RT-PCR Test at Qualimed
1917 alien or foreign contemporary. Molecular Laboratory for LOcally Stranded
Individuals (LSIs) of Iloilo Province

People v. Veneracion: As long as that penalty Executive Order No. 183 - An order
remains in the statute books, and as long as our implementing the Plan for Rehabilitation and
criminal law provides for its imposition in certain Transformation of the Province of Iloilo to
Administrative Code of 1987 cases, it is the duty of judicial officers to respect Catalyze Recovery (Plan RT-PCR) in a regime
of Modified General Community Quarantine
and apply the law regardless of their private
(MGCQ) until August 31 Agust 2020 towards a
opinions. New Normal.

Floresca v. Philex Mining Corp.: Equity essentially Advisory No. 08, Series of 2020 - Guidelines
does not contradict the common law, but rather in the Implementation of Executive Order No.
Child and Youth Welfare Code it aims at securing substantial justice when the 128, Series of 2020, as amended by
rule of common law might see injustice. Executive Order No. 128-H, Series of 2020

Llorente v. CA: With the application of the Executive Order No. 160 - An Order
Nationality rule, regardless of where the citizen of Implementing an Enhanced Community
the Philippines may be, Philippines laws will be of Quarantine over the entire Municipality of
Civil Code Bingawan for Stronger Protection against the
jurisdiction with respect to his/her family rights
Corona Virus Disease 2019 (Covid-19)
and duties, or to the status, condition and legal
capacity.

Marcos v. COMELEC: The absence from legal Administrative Order No. 32, s. 2020 -
residence or domicile to pursue a profession, to Expediting the review and approval process of
Child and Youth Welfare Code study or to do other things of a temporary or semi- infrastructure flagship projects on water
permanent nature does not constitute loss of security.
residence.

Merced v. Diaz: Prejudicial question has been Administrative Order No. 31, s. 2020 -
defined to be that which arises in a case, the Authorizing the grant of duty allowance to
Comprehensive Agrarian resolution of which (question) is a logical governmental personnel who volunteer for
Reform Code antecedent of the issue involved in said case, and deployment to the COVID 19 swabbing
facilities.
the cognizance of which pertains to another
Tribunal.

Philex Mining Corp v. Commisioner of Internal Administrative Order No. 28, s. 2020 -
Revenue: Malfeasance in the law of tort is the Authorizing the grant of special risk allowance
commission of an unlawful act while misfeasance to frontline public health workers during the
Corporation Code is the commission of a lawful act in an improper period of ECQ relative to the COVID 19
outbreak.
manner and nonfeasance means failure to
perform an act where there is a necessity to
perform the act.

Go v. Cordero: While it is true that a third person cannot Administrative Order No. 24, s. 2020 -
possibly be sued for breach of contract because only Mandating all government agencies, GOCCs,
Family Code parties can breach contractual provisions, a contracting and state univerisities and colleges to strictly
party may sue a third person not for breach but for implement water conservation measures.
inducing another to commit such breach.

Equitable Banking Corporation v. Calderon: Injury Administrative Order No. 25, s. 2020 -
is the illegal invasion of a legal right; damage is Centralizing all government efforts for the
Labor Code the loss, hurt or harm which results from the reintegration of former rebels and creating for
injury; and damages are the recompense or the purpose of anti-agency task force.
compensation awarded for the damage suffered.

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DRAPER, Erika May I.
Legal Research
September 28, 2020
CPUJD 1-B Atty. Dephra Jane Articulo-Villoso

Secondly, publications which are not primary authority but which discuss or analyze legal
doctrine are considered secondary materials. Secondary materials vary widely in purpose and
quality, ranging from authoritative treaties by great academic scholars to superficial tracts by
hack writers. These includes treaties, commentaries, and encyclopedias. Below are ten of their
respective examples:

TREATIES COMMENTARIES ENCYCLOPEDIAS

1976 Tripoli Agreement Jun Ledesma: A time for everything Encarta

1996 Final Peace Agreement Severino Samonte: When Marcos The Canadian Encylopedia
announced martial law proclamation
48 years ago

Abolition of Forced Labor Herman Tiu Laurel: The way to World Book Encyclopedia
Convention global data security – China Style

Apostille Convention Ismael Tabije: Water is life: The case Probert Encyclopedia
for massive reforestation

Geneva Convention of 1929 Romulo Nieva Jr.: SPMC and the Scholarpedia
heartbeat of Mindanao

Kyoto Protocol Julio O. Castillo Jr.: Mayor Eric B. Nupedia

Africa ready to defend Lipa

Paris Agreement Ely Dejaresco: Best is TEST the law Metapedia

Budapest Treaty Victoria Patria: Red-tagging, Red- Everipedia

baiting

Hague Protocol Joel Sy Egco: RSF Data: PH press Citizendium

better under Duterte

Nagoya Protocol Lorraine Badoy: What EDSA means Conservapedia

to me

Lastly, the finding tools are also considered as a source of law. Since our codes, statutes, rules,
regulations and court decisions have grown into a large body of law, it needs search materials or
finding tools to locate these legal sources. Without these, researchers may have a hard time
locating such, or worse, may not find existing statutes or decisions on point. These could be
computer-based or otherwise. However, these finding tools do not persuade, nor they
themselves have any primary or persuasive authority. They are only means of locating primary
resources. Below are ten of their respective examples:

COMPUTER-BASED

PHILJURIS

LEX LIBRIS

LAWPHIL

CHAN ROBLES

CDASIA

E-SCRA

SCRIBD

COURSEHERO

SCRA Quick Index-Digest

Digests and Annotations

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