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CONSTITUTIONAL AND STATUTORY RESEARCH OUTLINE: 1. Constitutional Research 2. Statutes 3. Terms Used In Legislation 4. Effect and Application of Laws 5. Anatomy of the Statutes 6. Statutory Research 7. Basic Rules on Statutory Construction I. Constitutional Research a. 1987 Constitution Proclamation No. 3: declaring a national policy to implement reforms mandated by the people, protecting their basic rights, adopting a provisional constitution and providing for an orderly transition to a government under a new constitution. Proclamation No. 9: creating Constitutional Commission to frame a new constitution to replace the 1973 constitution which took effect during the martial law Concom: - 50 members - President: Cecilia Muñoz Palma (the 1 st female Associate Justice of SC) - Drafted for 4 months - Issues: A1. Form of gov’t to adopt A2. Abolition of death penalty A3. The continued retention of Clark and Subic American Military Bases A4. Integration of economic policies into the Constitution Ratified via a plebiscite on February 2, 1987 Constitutions are important because they set the guidelines within which legislatures must operate when passing statutes; deals with the fundamental relationships within our society Composed of 17 articles For conducting constitutional research, a good way is to look at the Constitutional Convention proceedings for the intent and background of each provision Steps in Constitutional Research: B1. Find a good constitutional law B2. Find a good case B3. Find other relevant cases Constitutional Research via Internet C1. Visit the SC E-library website at http://supremecourt.gov.ph

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CONSTITUTIONAL AND STATUTORY RESEARCH

OUTLINE:1. Constitutional Research2. Statutes3. Terms Used In Legislation4. Effect and Application of Laws5. Anatomy of the Statutes6. Statutory Research7. Basic Rules on Statutory Construction

I. Constitutional Researcha. 1987 Constitution

Proclamation No. 3: declaring a national policy to implement reforms mandated by the people, protecting their basic rights, adopting a provisional constitution and providing for an orderly transition to a government under a new constitution.

Proclamation No. 9: creating Constitutional Commission to frame a new constitution to replace the 1973 constitution which took effect during the martial law

Concom:- 50 members- President: Cecilia Muñoz Palma (the 1st female Associate Justice of SC)- Drafted for 4 months- Issues:

A1. Form of gov’t to adoptA2. Abolition of death penaltyA3. The continued retention of Clark and Subic American Military BasesA4. Integration of economic policies into the Constitution

Ratified via a plebiscite on February 2, 1987 Constitutions are important because they set the guidelines within which legislatures must operate

when passing statutes; deals with the fundamental relationships within our society Composed of 17 articles For conducting constitutional research, a good way is to look at the Constitutional Convention

proceedings for the intent and background of each provision Steps in Constitutional Research:

B1. Find a good constitutional lawB2. Find a good caseB3. Find other relevant cases

Constitutional Research via InternetC1. Visit the SC E-library website at http://supremecourt.gov.phC2. Click on the “Laws” cookieC3. Click on the 1987 Constitution

Constitutional Convention Proceedings: research at the Library of the Philippine Congress

II. Statutes Law: body of rules of action or conduct prescribed by controlling authority and having binding legal

force Includes:

- Statutes enacted by legislature- PDs and EOs issued by pres in his legislative power- SC rulings

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- Rules and regulations promulgated by the Administrative and Executive officers pursuan to delegated power

- Ordinances passed by the Sanggunians of LGUs Sources of Philippine Statutes:

Philippine Commission Public Acts 1901-1935 4,275 Act No.___Philippine Legislature Commonwealth Acts 1935-1946 733 Commonwealth Act ___Batasang Pambansa Batas Pambansa 844 Batas Bilang___Congress of the Philippines

Republic Acts 1946-19721987- present

9,482 as of May 2007

Republic Act No.___

PDs issued by the President during the Martial Law

Presidential Decree 1972-1986 2,034 Presidential Decree No.___

Executive Orders 302 Executive Order No.___Sharia’a Law

Primary Statutory Authorities:- Official enactments of the Congress and Ordinances and laws of the LGUS- Mandatory or binding upon courts, government and individuals

D1. ConstitutionD2. TreatiesD3. Statures proper or legislative enactmentsD4. Municipal chartersD5. Municipal legislation

Secondary Statutory Authorities: - Descriptions of, or commentaries on the law- Persuasive authority

E1. Law review articlesE2. TreatiesE3. Restatements of the lawE4. Legal encyclopedias

Official Source of Statutes:- Official Gazette published by the National Printing Office

Unofficial Source of Statues:- Commercially published materials- Commercially published may now be considered as Official source pursuant to EO 200 which

provides….either in the OG of newspaper of general circulation- Newspaper of general circulation:

F1. Disseminated general information and current eventsF2. Has bona fide list of paying subscribers F3. Regular interval of publicationF4. Caters NOT to a specific class ie of entertatinement, religion, race, profession etc.

Annotated laws= text of the law (primary material) + augmenting info (secondary material)III. Terms Used In Legislation

Bill: draft for a proposed law Bill Number: has 2 parts: 1) the specific wing of the legislature when bill originates (HB & SB) and, 2)

Number which identifies the bill…as in HB 1080 Citation: formal references to statutes that describe the law Code: main body of statutes of the jurisdiction Engrossed bill: approved bill (from originating legislative body) , sending it to the other legislative body

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Enrolled bill: approved bill form both houses, sending to the President or state governor for signing Legislative History: materials generated in the course of legislative creation Session laws: where bills are published accdg to the session of the legislature that enacted the bills

into law Statutes at Large: refer to Session Laws Statutory Schemes: groups of statutes that relate to one particular subject

IV. Effect and Application of Laws Date of effectivity of laws: Requirement of publication is indispensable Publication sine qua non:

- PDs and EOs- Administrative Rules and Regulations- Administrative Orders- Memorandum Circular- City Charter- Monetary Board Circulars (to fill in the details of the Central Bank Act)

Non- Publication requirement:- Interpretative regulations and internal regulations- Letters of Instructions- SC rulings

Publication is indispensable and must be in full Publication is not the same as effectivity Laws shall have no retroactive effect, unless the contrary is provided

V. Anatomy of Statutes Title- shall embrace only 1 subject Preamble- prefatory statement or explanation or a finding of facts, reciting the purpose, reason or

occasion for making the law Purview of the statute- body of the statute Separability clause- Repealing clause- indicates clearly the legislative intent to repeal all prior inconsistent laws on the

subject matter whether or not prior law is a special law Implied repeal- Express repeal- Effectivity clause-

VI. Statutory Research Statutory research process- process of finding the statutory law that applies to a problem Statutory analysis:

1. Determine whether the statute governs the situation in any way- Locate all possible applicable statutes- Decide which statute to apply to the legal problem2. Read carefully the statute and identify WHAT IS REQUIRED FOR THE STATUTE TO APPLY- Elements of a statute- Several readings of statute- Refer to interpretative sources: treaties, law review articles, court opinions3. Apply the elements to the facts of the legal problem- Match the elements of statute to the facts of the case- Determine how the statute applies

Finding statue via Internet (House of Representatives)1. Log in to congress.gov.ph

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2. Click “Republic Acts” cookie3. Download the Adobe Acrobat pdf files interested

Finding statute via Internet (Senate)1. Log in to senate.gov.ph2. Click on “Legislative Documents” cookie3. Choose “Republic Acts”4. Download the adobe pdf file interested in

Finding statute via Internet (E-Library)1. Log in to Elibrary.supremecourt.gov.ph2. Click on “Legislative Documents” cookie3. Click on “Laws”; choose “Republic Acts”

Finding statute via Internet (Chan Robles Virtual Law Library)1. Log in to chanrobles.com/index1.htm2. Scan for desired statute

General Principles of Statcon- Construction- Interpretation- Where the terms of the statute are clear and unambiguous, just apply the law- Intent of the law prevails: ascertain and give effect to the intent - Criminal statutes are to be construed strictly- SC cannot expand the law- Between a specific and general rule, the specific law prevails- Expressio Unius Est Exclusio Alterius- the express mention of one this excludes others- Principle of Ejusdem Generis- “of the same kind” , to interpret loosely written statutes- Shall vs May: shall is mandatory while may is directory

VII. Statutory Law Research Tenchnique Descriptive word approach Title/topic approach Popular name approach

VIII. Codes A systematically arranged and comprehensive collection of laws, scientifically organized on a

particular subject

LEGISLATIVE HISTORY RESEARCHOUTLINE:

1. Getting Started2. Statute Law Books3. Statute Finder4. Sources and Types of Legislative History Documents5. Researching Legislative History (HR)6. Researching Legislative History (Senate)

I. Getting Started Deciding on your research goals:

- Determine the purpose of the research - Decide whether a cursory or an in-depth search is necessary

Gather information-many of the references are accessible only by bill number

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-get the Session law number (for statutes, public law number): found at the at end of the relevant code section-get the Bill number: found included in the Session Law -refer also to compiled legislative histories

II. Sources and types of legislative history documents Sources are the House of Representatives and the Philippine Senate Persuasive only in nature especially PRIOR to the enactment of a bill Highest persuasive given are to the congressional committee reports because it explains the

proposed bill and its likely effects Other sources are: congressional debates, committee hearings, earlier alternative versions of the bill Reviewing senate and congress websites is a good strategy committee reports Bill History: use the “Legislative History” volumes rather than “Laws” volume Committee prints: where committee reports and studies are published Floor debates: occur after a committee report House journals: official record of the proceedings in the HOUSE Presidential statements: indicates President’s opinion about the purpose of a law

III. Researching legislative History (House Representatives) Printed copies of House documents for the CURRENT congress are available at the Bills and Index Division

at SW-Basement, HOR Complex Printed copies of House documents for the PAST congresses are available at the Legislative Archives at

NW-Basement, HOR Complex For Online HOR Research:

1. Visit congress.gov.ph2. Click “Researchers” cookie3. Click on “House Bills and Resolutions”4. Click on “Bill Text”5. Click on “Downloadable Text”

From “Researchers” page, click on “House Journals” IV. Researching legislative History (Senate)

For Online Senate Research: 1. Visit senate.gov.ph2. Click “Bills” cookie3. Click on “Resolutions”4. Click on “Journal”5. Click on “Committee Reports”6. Click on “Adopted Resolutions”

CASE LAW RESEARCH OUTLINE

1. Introduction2. Case law and jurisprudence3. Identifying the holding of the case4. Doctrine of Res Judicata5. Anatomy of a case6. Publication of cases7. Briefing cases

I. Introduction Case law: the creation and refinement of a law in the course of judicial decisions

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It is the official literary manifestation of law; the entire collection of published judicial decisions of the courts which form a part of the legal system due to the doctrine of stare decisis

Case law synonymous to jurisprudence; also common law due to American influence Jurisprudence: science of law; refers to case law or the legal decision which were developed and which

accompany statutes in applying the law against situations of fact Court opinion: also “case”, is a court’s resolution of a legal dispute and the reasons in support of its

resolution; where the resolution of a dispute involves the construction, interpretation of a law, the emergence of court opinions are hence called common or case law

Case law proper: decisions of SC, CA, Sandiganbayan, CTA, RTC, MTC and muslim’s Sharia’a courts Subordinate case law:

- decisions of the commissions and boards with express quais-judicial powers (NLRC,CSC…)- rulings of administrative officers- opinions of the Office of the President- opinions of the Secretary of Justice- opinions of the Solicitor General and gov’t corporate counsel- opinions of the officers of gov’t agencies- rulings of Court Martial

Value of studying court opinions:1. Helps you understand and interpret constitutional provisions and statutory law2. Helps you understand the litigation process3. Provides insight into the structure of legal analysis and legal argument4. Provides a guide to proper legal writing

Value of case briefs: organized written summary of a court opinion; the first and most impt step is to read a case carefully and slowly Saves the lawyer time of reading the case Serves as a valuable learning tool Reference tool Writing tool

II. Decision of a Court is its Judgment of a Case An opinions is the statement of the court of the reasons for the decision of a case. It is the decision and

not the opinion which settles the point of law involved and makes the precedent. Only the SC en banc can overturn its decision.

The Doctrine of Binding Precedent or Stare Decisis- except changing times may also call for a change in a doctrine

Precedent: only Ratio Decidendi (rationale behind a court decision) is authoritative but not obiter dictum (said in passing)

III. Identifying the Holding of the Case : contents of a case report has 2 categories:1. Ratio decidendi: the logic of the ruling which answers exactly the issue of the case2. Obiter Dictum: a “by the way” remark; any statement of law that is not an essential part of the ratio

decidendi; superfluous (unnecessary) opinion Advantages of Jurisprudence

1. Consistency- similar cases are decided in similar basis2. Certainty- lawyers and clients are able to predict the outcome in the light of previous decisions3. Efficiency- saves time of the judiciary, lawyers and their clients so cases don’t have to be re-argued4. Flexibility- judges can develop case laws without waiting for legislature’s enactment in a particular

area Foreign judgments are not binding but only persuasive in Philippine jurisdiction

IV. Doctrine of Res Judicata: a matter already judged

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The parties shall not be permitted to litigate on the same issue more than once; the judgment of the court should be conclusive as long as it remains unreversed, putting an end to litigation by the same parties and privies over a subject fairly and fully adjudicated

This doctrine is founded upon 2 maxims:1. Republicae ut sit litium: Public policy and necessity which makes it to the interest of the State that

there should be an end to litigation2. Nemo debet bis vexari et eadem causa: the hardship on the individual that he should be vexed

(angered) twice on the same cause Elements of Res Judicata:

1. Former judgment was final2. Court which rendered it had jurisdiction over the subject matter and the parties3. Judgment was on the merits4. Parties, matters and causes of action in the first and second actions are identical

2 Aspects of Res Judicata:A. The effect upon a judgment as a bar to the prosecution of a second action upon the same claim,

demand or cause of actionB. Preclude relitigation of a particular fact or issue in another action between the same parties on a

different claim or cause of action Test to warrant Res Judicata

Whether there is an identity in the facts essential to the maintenance of the 2 actions or whether the same evidence will sustain both

V. Anatomy of a Case Ponencia: decision of the appellate court (CA or SC); these are published and can be found in law libraries

or the internet called care reports or reporters. Elements of a Case report:

1. Case name “v” indicates adversarial nature First party is plaintiff and second party is defendant In appellate cases: appellant (the one who lost and is bringing the appeal) and appellee (the one who

won and having now to defend) For many defendants/appellants, use “et al” People v. Cruz: Criminal case where the plaintiff is the People of the Philippines, defendant is the

one accused with a crime Republic v. Cruz: Civil or special proceeding as in nullity of marriage examined by the Solicitor

General In re Matibag: “In re” means regarding or in the matter of; not adversarial in nature as in

disbarment, bankruptcy or probate matters In re Juan M or In re J.M.----involves minors to protect privacy as in criminal cases of minors, adption

proceedings or child custody proceedings Ex parte Cruz: the party whose behalf the case is heard Ex rel Matibag: short for “Ex rationale” meaning upon relation or information; indicates that the case

is instituted by Justice Secretary or other gov’t official in behalf of the State Benipayo Et. al. ---multiple respondents

2. Name of the court- the court that wrote the decision. To find out which trial court had the case originally, the body of the case has to be read.

3. GR No.---Government Record4. Docket number - the number given in a trial court by the clerk of court; serves to identify the case as

it progresses; numbers are assigned as names might create possible duplication and confusion. This

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number is assigned while still in trial court. When the case reaches the appellate level, it will be given a different number by the appellate court. Refer to docket number when making an inquiry from either court , this is also attached to an opinion when it is first issued (as Slip Opinion) before it gets to the reporter series and gets its permanent cite.

5. The Dates- date that case was argued and date court issued a decision. If two dates are given the important one is the date of the decision.

6. The Ponente --- the judge/justice who penned the decision Ponencia: the whole case report

7. Case summary/synopsis--- one-paragraph summary of the decision, written by editors and not part of the decision, cannot be cited. If the opinion is from appellate level, trial court decision is described first then explain the holding of the appellate court

8. Name of Counsel—names and location of law firms will be provided in the decision9. The Opinion--- starts with the recital of facts (w/o facts, the opinion exists in vacuum), after which,

the application of the law to the facts, where precedents, statues or other authorities may be cited. Types of Opinions

a. Majority Opinion- written by a member of the majority after the court reached its decision and is binding on lower courts; the only one binding, mandatory authority.

b. Per Curiam Opinion- one in which all the justices are of one mind, so clear and need no elaboration as in the conviction of death penalty. It is the opinion of the whole court and no ponente or specific author will be identified (N.B. death penalty law repealed)

c. Concurring Opinion—opinion written by justices who agree with the actual result of the case; persuassive

d. Dissenting Opinion—written by minority disagreeing; persuassivee. Memorandum Opinion—provide the holding or result but little, if any, reasoning. This is not

encouragedf. En Banc Opinion—“ in the bench” or “full of bench” ; deliberated by the 15 members of the

higher court10. The Decision—final element in a case and is only a one-liner Kinds of Decision

1. Affirming or upholding the decision of the lower court2. Reversing or overturning the determination reached3. Vacating or dismissing the case entirely

11. Attestation and Certification—ponente attests that the conclusion reached was consulted before the case was assigned to the writer of the opinion of the court’s division or en bancChief justice certifies the attestation.

VI. Publication of Cases Case reports printed in the order they are received Official and commercially-produced case reports Commerical-produced: SCRA (by Central Lawbooks Inc.) and SCAD (Rex Bookstore) Digests – best source to locate cases on a specific topic Slip opinions and Advance sheets: judicial decisions appear first in slip opinions the nin advance

sheets found at the end of the bound volumes Official Publication: authoritative text of the law

1. Philippine Reports2. Individually mimeographed Advance SC decisions3. Official Gazette (selective only)

Unofficial Publication:- Commercially published- Editorially enhanced and being designated as “official” texts to be cited in courts

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- SRCA and SCAD, Lex Libris (also law reports) Case Law Citatiom---ex. “Tanada v. Tuvera, 146 SCRA 446”

- Tanada—the complainant, appellee, petitioner, plaintiff- Tuvera—the defendant appellant, respondent- 146- volume number- SCRA—Supreme Court Reports Annotated- 446--- page number

Court decisions from SC down to the lower courts can be identified through their case numbers (and date of promulgation)

Administrative decisions: names involved, Agency name (abbreviated), case # and date of promulgation How to search for Case Law: SC website

1. Visit supremecourt.gov.ph2. Type in name in search box3. Read and/or print the case law

How to search for Case Law: Lawphil Project1. Visit lawphil.net/2. Click on Jurisprudence cookie3. Type in the search box4. Read and/or print the case law

Case Law Technique1. Descriptive Word Approach2. Title/topic Approach3. Popular Name Approach

CASE BRIEF AND MEMORANDUM

OUTLINE1. Importance of Legal Memorandum2. Elements of Legal memorandum3. Anatomy of a Legal Memorandum4. Internal and External Memoranda5. Internal Consistency of Legal Memoranda6. Additional Points for Legal Researchers7. How to Prepare a Legal Memorandum8. How to Prepare a Case Brief9. Case Brief Form10. Sample Case Brief

I. Importance of Legal Memorandum One will not know that research is done until one tries to write it To provide with accessible record of fruits of research after such time To communicate results of one’s research to another

II. Elements of a Legal Memorandum1. Statement of facts2. Statement of the issue or issues3. A decision or holding on the issue/s4. A discussion on the reasoning underlying the holding

III. Anatomy of a Legal Memorandum1. Heading: author, recipient, date, client identification and subject matter

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2. Facts: relevant facts; assumptions must be indicated; chronological; may precede or follow the Issues and Conclusions

3. Issues: succinctly identify the correct legal issues within the context of the facts of the case and legal elements for the resolution of the case

4. Conclusions5. Discussion: Heart of the memorandum; explains and analyzes the law, applying to the facts

-should be broken down into separate parts for each discrete legal issue-discussion for each issue: IRACa. Introduction -State the legal issue in form of topic sentence or questionb. Explanation of the applicable legal Rule -Determine the applicable rule -Involves review and analysis of relevant cases, statutes and secondary sourcesc. Application of the rule to the legal problem - Further analysis and weighing of individual cases, distinguishing cases, making counter-arguments and considering policy issuesd. Conclusion in respect to the issue

IV. Internal and External Memoranda Intended to accurately summarize the fruits of legal research whether they help or harm one’s position Internal memoranda: for one’s own use or a law firm’s

-also with “letters” are intended to inform and explain External memoranda: “ brief, memoranda of points and authorities or memoranda of laws

-submitted to the court in the course of a lawsuit to advance a particular position with utmost vigor-intended to persuade-its writing techniques is hence different bec of its persuasive intention- it presents a law helpful to one side and attempts to distinguish and downplay any law that is harmful

Briefs are different from letter and internal memoranda in purposeV. Inconsistency of Legal Memoranda

If law sources and facts do not match up on some level, reasoning is faulty Remedy is to adjust operating elements relative to each other: add/subtract facts or slightly restate the

legal issue to square the conclusion or reasoning Guidelines for effective memoranda writing:

1. Objective: the most difficult part where it has to remain unbiased, neutral or objective2. Be specific3. Be complete

VI. Additional Points for Legal Researchers1. List the resources that have been checked to make the lawyer feel secure2. Keep sentences short and avoid jargon3. Statements about what the law is should be supported by primary legal authority

VII. How to prepare a Legal Memorandum: the checklist1. Did I put down all the facts that are relevant to my legal issue as stated, and to my legal conclusions?2. Did I state the legal issue clearly?3. Did I arrive at the definitive conclusion about the legal issue as applied to my facts?4. Did I state clearly the reasons for my conclusion while presenting all the sides of the legal picture?5. Did I support my conclusions with primary legal authority?

VIII. How to prepare a CASE BRIEF Elements of a Case Brief:

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1. Name of the case2. Citations: parallel citations as well as dates of decisions3. Procedural History: brief summary of the holdings of any previous courts and the court’s disposition4. Statement of facts: just the summary5. Issue: courts sometimes state the issue; one must also formulate the issues being decided by the

court6. Answer: yes or no with reasons7. Reasoning: The MOST IMPORTANT part of the brief8. Holding: affirmed, dismissed or reversed

TREATIES AND ADMINISTRATIVE LAW RESEARCH

OUTLINE:1. Treaties and Administrative Regulations are Laws 2. Research on Treaties and other International Agreements3. Administrative Rules and Regulations4. Administrative Rules and Regulations Research5. Strategies for Researching Administrative Materials6. Using Looseleaf Services: Basic Pointers7. How to Search for Administrative Rules and Regulations

I. Treaties and Administrative Regulations are Laws Includes:

a. Treaties entered into by the Executive Departmentb. Administrative Laws c. Implementing Rules and Regulations

Statues are implemented or executed by the Executive Department via administrative agencies which issue implementing rules and regulations. Hence, these IRRs are also laws

The LGUs (thru Sanggunians) are given delegated authority to enact local laws or ordinances by the legislative department. Thus, they are also laws

Agencies promulgate rules or regulations to implement and enforce the statutes; be keen on which agency creates r&rs on the subject being researched.

II. Research on Treaties (or Executive Agreements) and Other International Agreements Treaty--- an agreement or a contract between 2 or more nations entered into by agents appointed

(Secretary of Foreign Affairs or ambassadors) for the purpose and duly sanctioned by supreme powers of the respective countries

A treaty or international agreement shall not be valid and effective unless concurred in by at least 2/3 of the SENATE (Constitution, Art VII, sec 21). Without concurrence , it is considered an Executive Agreement which may or may not have legislative authorization

Official Text of Treaties (References):1. Official Gazette2. Department of Foreign Affairs Treaty Series (DFATS)3. United Nations Treaty Series (UNTS)4. University of the Philippines Law Centers’ Philippine Treaty Series (PTS)5. For latest treaties: DFA and Senate6. For online: Treaties and International Agreements Researchers Archives (TIARA)

III. Administrative Rules and Regulations

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Administrative Rules and Regulations- orders, rules and regulations issued by the heads of departments, bureaus and other agencies for the effective enforcement of laws within their jurisdiction. For validity, must be within the authorized limits and of the office issuing them and in accordance with provisions of law authorizing their issuance.

IV. Administrative Rules and Regulations Research Requisites: all rules, regulations and orders start with #1 every year

1. Issuing agency 2. Year of promulgation

Refer to the issuing LGU or agency to get a copy of the text of r&rs before Admiistrative code of 1987 took effect

Presently, with A.C. of 1987 (EO 292): governmental and department orders, R&Rs have to filed with the University of the Philippines Law Center’s Office of National Administrative Register 3 certified copies and published in a quarterly publication National Administrative Register and available CD-ROM (CD Asia Technologies, Inc.) at SC E-library

Rules in force on the date of effectivity of this code which are not filed within 3 months from that date shall not thereafter be the basis of any sanction against any party or persons.

Each rule becomes effective 15 days after filing unless specified by rule in case of imminent danger to public health, safety and welfare

UP Law Center’s National Administrative Register:1. Publishes quarterly2. Keeps up-to-date codification of rules published and remaining in effect with the complete index and

appropriate tables3. Every rule, the violation of which is considered a crime, shall be published in full4. Exceptions to filing requirement:

-Congress-Judiciary-Constitutional Commission-Board of Pardons and Parole-State Colleges and Universities

There is no up-to-date or complete Statute findersV. Strategies for Researching Administrative Materials

1. Undertake background research- Get overview of the structure and sources of the area of law- Determine the agency/ies involved and their relationship if more than one is involved- Identify the type of pronouncements or documents that the relevant agency issues- Try to see if there is judiciary involvement in reviewing the validity or R&Rs or due to great

deference to agency, the courts play a limited role- Develop a sense of interrelationship with federal and state/local authorities

2. Take note of procedural rules- if the agency has its own set of rules besides the state Administrative Procedure Act

3. Find out what published sources are available - Study the Looseleaf—it’s organization and structure - Get a hardcopy if the agency has its own reporter - Treaties sometimes contain sections that reprint the primary source materials like: relevant Statutes or legislative history docs or regulations or other agency materials 4. Make use of electronic sources 5. Update thoroughly

6. Use informal sources

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- Personal contact by phone or email of the persons involved VI. Using Looseleaf Services: Basic Pointers

Consolidated source that contains full text of primary sources such as statutes, regulations and both judicial and administrative decisions, all related to a specialized area of law

May also contain commentaries by editors which are not considered authoritative They appear in form of binders that are frequently updated by removing the old pages and interfiling the

current ones Very popular esp in the fields of banking, securities, environment and tax

VII. How to Search for Administrative Rules and Regulations Go to the specific agency bec these are not published officially National Administrative Register OG- selective only Philippine Law Journals like Court Systems Journal, Lawyers Review, Philippine law Gazette Bulletin and /or Newsletter of the Administrative Agency and Instrumentality is the source for the latest Search also lawphil.net/ to view treaties, government agencies (for their R&Rs) and Executive Orders