Legal Research Reviewer
Legal Research Reviewer
Legal Research Reviewer
COLLEGE OF LAW
LEGAL RESEARCH
ANGELI NESS P. CASADOR
Instructor, 1st Sem., S.Y. 2016-2017
I. CASE DIGEST/SYNTHESIS
1. Know the parts of a Judicial Decision.
2. Read the case in its entirety before reading the case again to digest..
3. A case digest is only a summary of the full text of the case. There is no
substitute to reading the full text.
Parts of a Case Digest/Synthesis
FACTS
State only the legally relevant facts only. In identifying the relevant facts, only
state the facts that will have a bearing on the legal concept under
consideration.
Make sure that the facts illustrate the conflict in the case. There is no case if
there is no conflict or dispute. In illustrating the dispute, state the respective
contentions of the parties in the case (e.g. A contended that On the other
hand, B contended that or A contended that but the lower court did not
agree with his contention by ruling that). The parties involved in the case
may be (1) a private entity vs. a private entity; (2) the State (Republic) vs. a
private entity; (3) the People of the Philippines vs. the accused; (4) a private
entity vs. a judge, or a tribunal.
Make sure that the facts are arranged chronologically and logically.
Research literatures provide for the TARP Rule. It is a useful technique in factual
analysis. It is a method to analyze your facts according to the following factors:
T Thing or subject matter
A Cause of action or defense
R Relief sought
P- Persons or parties involved
ISSUE/s
State the issue in your own words. The test if you have truly understood the
case is if you are able to properly state the issue in your own words. However
stated, what is important is they capture the crux of the controversy in the
case.
It must be able to directly answer the issue. If the issue asks for a Yes/No
answer, then begin by stating Yes or The Supreme Court answered in the
affirmative, or No or The Supreme Court answered in the negative.
1. the rules should be germane to the objects and purposes of the law;
2. that the regulations be not in contradiction with, but conform to the
standards that the law prescribes; and
3. that they be for the sole purpose of carrying into effect the general
provisions of the law.
IV. CONFLICTING SOURCES
CONSTITUTION
It is the law of all laws. Hence, if there is a conflict between a statute or any other
source and the Constitution, the forner shall yield to the Constitution.
Our Civil Code is explicit on this matter, thus:
Art. 7. Laws are repealed only by subsequent ones, and their violation or nonobservance shall not be excused by disuse, or custom or practice to the
contrary.
When the courts declared a law to be inconsistent with the Constitution, the
former shall be void and the latter shall govern.
Administrative or executive acts, orders and regulations shall be valid only
when they are not contrary to the laws or the Constitution
DEPARTMENT OF AGRARIAN REFORM vs. DELIA T. SUTTON, ET AL., GR NO 162070,
OCTOBER 19, 2005
STATUTES
JMM PROMOTIONS ANG MANAGEMENT, INC. vs. NLRC AND ULPIANO L. DELOS
SANTOS, G.R. NO. 109835, NOVEMBER 22, 1993
RULE: IF BOTH STATUTES CAN STAND TOGETHER, EFFECT SHOULD BE GIVEN
TO BOTH.
PHILIPPINE NATIONAL BANK vs. CRUZ, ET AL., GR NO. 80593, DECEMBER 18, 2989
RULE: WHENEVER TWO STATUTES OF CONTRARY TENOR ARE OF EQUAL
THEORETICAL APPLICATION TO A PARTICULAR CASE, THE STATUTES OF
LATER DATE MUST PREVAIL BEING A LATER EXPRESSION OF THE
LEGISLATIVE WILL.
STATUTES AND EXECUTIVE AND ADMINISTRATIVE ISSUANCES
V. LEGAL CITATIONS
1.
2.
3.
4.
Rule 10.02 A lawyer shall not knowingly misquote or misrepresent the contents of a
paper, the language or the argument of opposing counsel, or the text of a decision or
authority, or knowingly cite as a law a provision already rendered inoperative by repeal
or amendment, or assert as a fact that which has not been proved.
3 things porhibited:
1. Knowingly misquoting or misrepresenting
a) Contents of a paper;
b) Language or argument of opposing counsel; and
c) Text of a decision or authority.
2. Knowingly citing as law, a provision already rendered inoperative by repeal or
amendment; and
3. Asserting as a fact that which has not been proved.
Rule in the quotation of a decision: When a lawyer makes a quotation of a decision
in his pleadings, he should quote the same verbatim to avoid misleading the court. In
citing the courts decisions and rulings, it is the bounden duty of courts, judges and
lawyers to reproduce or copy the same word-for-word and punctuation mark-forpunctuation mark.
ALLIED BANKING CORP V. COURT OF APPEALS, G.R. NO. 144412. NOVEMBER 18,
2003