Research of Case Law Flashcards
What is Case Law?
Also known as Judicial decisions, are official interpretations or manifestations of law made by persons and agencies of the government performing judicial and quasi-judicial functions
Where do Case Laws come from?
THE JUDICIARY REORGANIZATION ACT OF 1980 (Batas Pambansa Blg. 129) established courts which sources Case Laws in the country.
Key distinguishments of Case Law Research against Statute Law Research (3)
- Records are confidential
- Accessible only by Justices/judges, Clerks of Court(COC), Specific court employees
- Can be requested only by: Parties and lawyers to the case
Key distinguishments of Statute Law Research against Case Law Research (4)
- Records are publicly avaialble
- Research on the law can be done
while the law is pending- from the
time it is filed, deliberated, until it
is passed. - Made by regularly constituted
court of justice - Made by administrative agencies
performing quasi-judicial
functions
Challenges of Case Law Research (2)
- The availability of published or printed decisions from the Court of Appeals down to the rest of the judicial and quasi-judicial agencies.
- There are no available printed compilations of lower court decisions
This contains the complete Supreme Court decisions from 1901 to present and Appellate Court decisions from the most recent.
Supreme Court e-Library
What records does the Reporters Office keep?
The original (signed, sealed and full text) copies of the Supreme Court and Court of Appeal decisions
For judiciary and quasi-judicial agencies other than the SC and CA, where can we find their decisions?
Copies of their decisions may be taken from their Legal Office, Office of the Clerks of Court, Records Office, or their libraries
2 Kinds of Supreme Court Decisions
- Regular Decisions
- Minute Resolutions
Subordinate Decisions are made by?
Administrative agencies performing quasi-judicial fuctions
3 Characteristics of Regular Decisions of the SC
- Published in court reports
- Provide the justice who penned the decisions and the other justices responsible for promulgating the decision
- Available in print and uploaded electronically under DECISIONS in Supreme Court e-library after certification of Chief Justice
3 Characteristics of Minute Resolutions of the SC
- Not published in court reports, but bear the same force and effect as the regular decisions and extended resolutions
- Issued and signed by the respective Clerks of Court, En Banc or by either of the three (3) Divisions
- Have been incorporated alongside Administrative Matters in the Supreme Court e-library uploaded under RESOLUTIONS
Primary sources of SC Decisions (4)
- Official Gazette
- Advance Sheets
- Philippine Reports
- Unpublished Decisions
Primary sources of SC Decisions (4)
- Official Gazette
- Advance Sheets
- Philippine Reports
- Unpublished Decisions
What are Advance Sheets?
Photocopies or ‘reproduced form’ of actual decisions but printing has been discontinued
What are the Philippine Reports?
Complete compilation of all Supreme Court decisions excluding minute resolutions however, volumes 1-127 are out of print
Secondary sources of SC Decisions (6)
- Supreme Court Reports Annotated (SCRA)
- eSCRA
- Lex Libris Jurisprudence CD-ROM
- CD Asia Online
- My Legal Whiz; Easy Contextual Legal Research and Law Juan
- West Law International and Lexis Nexis
Where can Manual research of case law using topic or subject approach be done although not up-to-date? Give at least 5 out of 11
- Philippine Digest
- Republic of the Philippine Digest
- Velayo’s Digest
- Magsino’s Compendium
- Supreme Court’s unpublished Subject Index
- Martinez’ Summary of Supreme Court Rulings 1984 to 1997
- UP Law Center’s Supreme Court Decisions: Subject Index and Digest
- SC’s Case digests
- Philippine Law and Jurisprudence
- Castigador’s Citations
- SCRA Quick Index Digest
Where can Manual research of case law using ttitle approach be done? Not eletronically (4)
- Philippine Digest - Case Index
- Republic of the Philippine Digest
- Ong, M Title Index to SC decisions
- Ateneo’s Index
Where can Manual research of case law using ttitle approach be done? Eletronically Give at least 5 out of 8
- Chanrobles.com | Chan Robles Law Firm Library
- eSCRA | Central Book Supply
- Law Juan
- Lawphil.net | Arellano Law Foundation
- Lex Libris, Jurisprudence.online | CD Asia Technologies Inc.
- mylegalwhiz.com | My Legal Whiz; Easy Contextual Legal Research
- Supreme Court e-Library
- Supreme Court website
Who is the repository of all Court of Appeals decisions?
Reporter Division, Clerk of Court of the CA
Sources of CA decisions by text. (6)
- Appellate Court Reports
- Advance Sheets
- Official Gazette
- Court of Appeals Reports
- Court of Appeals Reports Annotated
- Reports Office of the Court of Appeals
Sources of CA decisions by subject or topic approach (2)
- Velayo’s Digest
- Moreno’s Philippine Law Dictionary
Limitation of CA decisions
Availability of published or printed decisions from the Court of Appeals
They serve as the intermediate appellate court. Has exclusive appellate jurisdiction over the decisions of the Regional Trial Courts and other quasi-judicial agencies
Court of Appeals
Court of Appeals exercises original jurisdiction on the issuance of writs of the following: (6)
- Mandamus
- Prohibition
- Injunction
- Certiorari
- Habeas Corpus
- All other writs whether or not in aid of its appellate jurisdiction
When are CA decisions cited?
When there are no SC decisions in point. Hence, CA decisions can be considered judicial guides to lower courts and that conclusion or pronouncement they made can be raised as a doctrine
Court of Last Resort. Apex of Philippine Judicial System
Supreme Court
Has exclusive appellate jurisdiction over tax and custom cases
Court of Tax Appeals (CTA)
Official repository of the CTA
Official Gazette
Sources of CTA decisions (3)
- Court of Tax Appeals Digest of Customs and Real Property Tax Cases
- Court of Tax Appeals Digest of Internal Revenue Code
- Lex Libris, particularly in Taxation CD-ROM
Limitation of CTA decisions
Court of Tax Appeals do not have published or printed decisions
What is the Sandiganbayan?
A special court established by the constitution to have jurisdiction over criminal and civil cases, graft and corrupt practices and such other offenses committed by public officers and employees, including those in government-owned or controlled corporations, in relation to their office as may be determined by law
Sandiganbayan decisions are governed by what/who?
Rules of Court promulgated by the Supreme Court
Limitations of Sandiganbayan decisions (2)
- Do not have published decisions
- Only one volume published
Where to find Sandiganbayan decisions?
Online (sb.judiciary.gov.ph)
Give 5 examples of Administrative Agencies, Commissions, and Boards
- Office of the President
- Office of the Vice President (OVP)
- HoR
- SC
- COA
- COMELEC
- CSC
- DAR
- DA
- DBM
- DepEd
- DoE
- DENR
Where to find Administrative agency, commissions, and boards decisions? (3)
- Official Gazette
- Own publication such as the Securities and Exchange Commissions (SEC) and the Civil Service Commission (CSC)
- CD Asia Technologies’ Lex Libris series for DOJ, SEC, BSP, and BIR
