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Primary and Secondary Authorities
of LawBy: Brual, Arasula, Atienza, Biglete, Buhay, Ascalon,
Primary Authority can be:
MandatoryPersuasive
Primary Authority: MandatoryMandatory - refers to cases, statutes, or
regulations that the court must follow because it is binding on the courts
Example:1. Constitution - 1987 Philippine Constitution
2. Statutes - R.A. no 386 (New Civil Code)
3. Administrative Regulation - DENR Administrative Order No. 2013 – 10
4. SC Cases- People vs Orita, GR. No. 88724 April 3, 1990
5. International Conventions/Treaties - 1961 Vienna Convention on Diplomatic
Relations 6. Executive Order - E.O. No.1, February 28, 1986 7. Presidential Decrees - Presidential Decree NO. 2029 8. Municipal Laws and Ordinances - Ordinance No. 16 Series of 2010
AN ACT PROVIDING FOR THE ENVIRONMENT CODE OF BATANGAS CITY (Environment Code of Batangas City)
Primary Authority: Persuasive
Persuasive - refers to cases, statutes, regulations, or secondary sources that the court may follow but does not have to follow
Example: 9. Foreign Jurisprudence - People vs. Lee Kong, Stokes vs State does
not apply in the Intod vs CA case
10. Foreign Constitution - Bill of Rights under Article III of the
1987 Constitution is patterned after the United States’ Bill of Rights
Secondary Authority
Can only be Persuasive This category includes law review articles,
treatises, Restatements of the Law, legal encyclopedias and other similar items
Examples:
1. Dictionaries - Black’s Law Dictionary - Oxford Dictionary of Law
2. Legal Encyclopedias - Britannica Law Encyclopedia - The Philippine Law Encyclopedia by
CDAsia
3. Law Review Articles- Law Journals
4. Treatises - treatise of Bartolome C. Fernandez
Statutory Construction for State Auditors : a text (with selected decisions of the General Auditing Office and Commission on Audit as illustrations)/ Bartolome C. Fernandez.
Ordinance No. 16 Series of 2010AN ACT PROVIDING FOR THE
ENVIRONMENT CODE OF BATANGAS CITY