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Legal Research and Legal Citations for the Philippines (Paper Bound)

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by Milagros Santos-Ong

Second Edition

 

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Legal Research and Legal Citations for the Philippines (Paper Bound)

Legal Research and Legal Citations for the Philippines (Paper Bound)

by Milagros Santos-Ong

Second Edition

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Legal research process and technique is universal. It is the legal system of each country which differs from one nation to another. The Philippines is unique for its legal system is a combination of civil law (Roman), common law (Anglo-American), Muslim law (Islamic) and indigenous law. This book will not deal with the universal legal research process and technique. This book will deal on the Philippine legal system and the needed legal information which is now available in published or printed form and electronic or digital form.
Philippine legal information can be characterized as very rich and dynamic. Each day, statutes are passed and decisions of courts are promulgated. The Philippine legal system provides that all laws and jurisprudence from 1900 to the present are in effect until they are amended or repealed. People all over the world have recognized these legal developments in our country. It is in this regard that electronic or digital forms of Philippine legal information are being developed to assist legal research of Philippine legal information. The number of visits made to my work at the New York Hauser Global Law School Program (www.nyulawglobal.org/globalex/Philippines.html) website entitled “Philippine Legal Research,” is an evidence of such a need. Thus, a reminder for an update every two years was made by Mirela Roznovschi, the editor. In addition to these developments is the fact that Filipinos are all over the world and they need recent developments in Philippine legal information. There are even mandatory continuing legal information seminars that are being conducted outside the Philippines.
As I have stated in the first edition, there were factors that encouraged me to write the book “Legal Research and Citations.” These following factors still exist and a request for an update encouraged me to write this second edition:
1. The latest information technology has solved the problem of: a) the lack of full text of printed complete statutes (1900–present) even in law libraries; and b) lack of search tools to know and access legal information. WESTLAW and LEXIS/NEXIS saw
iv
this need and have requested the Philippine Supreme Court to upload in their databases decisions of the Philippine Supreme Court. Students, the bench and the bar, librarians, and even the public must know that there are now databases on open (free) or commercial sources that can be used for their research needs;
2. The law curriculum was revised where the subject of Legal Research now includes Thesis Writing and is now called “Legal Research and Thesis Writing.”
Citations or “Referencing” is one important part of thesis writing. Another important part of thesis writing is “Literature Search” which may be synonymous to legal research. All of the materials used must thus be cited accordingly with the proper Bibliography.
The
importance of a standard citation now goes beyond the classroom and is now used in actual practice. The Court now enjoins both members of the bar and the bench to cite their sources, preferably the primary sources. My batchmates in law school have said that their law libraries acquired my book for the “Citations” part.
My 43-year experience in legal research as the Chief of the Supreme Court Library, as an academic law librarian of the University of the Philippines College of Law Library and as a professor of Legal Research from the Pamantasan ng Lungsod ng Maynila College of Law, Manila Law School, Centro Escolar University College of Law and the De La Salle College of Law were blended together to come up with the article and books on legal research.
The Supreme Court e-Library has played an important role in the book’s update for we now have all the legal information from 1900 to the latest that are available for the research needs of the judiciary and the law schools that have requested for it. I consider the Supreme Court e-Library as a legacy that I have achieved for the Supreme Court, legal profession and those in search for legal information. It is my dream that came true. For this, we have to thank Senior Associate Justice Antonio T. Carpio for without him, we will not have the SC e-Library. It was Senior Associate Justice Carpio who started the SC e-Library.
To Retired Justice Josue Bellosillo, Dean of the CEU College of Law, Retired Justice Angelina Sandoval Gutierres, former Dean of Pamantasan ng Lungsod ng Maynila Graduate School of Law,
v
Atty. Ernesto Maceda Jr., former Dean of the Pamantasan ng Lungsod ng Maynila School of Law, Ambassador Benjamin Domingo, former Dean of the Manila Law School, and Atty. Jose Manuel Diokno, Dean of the De La Salle University College of Law, my sincere gratitude for giving me the chance to share my knowledge, expertise, and experience in Legal Research to students in preparation to their greater challenge in the legal profession.
Special thanks to Senior Justice Antonio T. Carpio for lending me his Lady Justice which is prominently used in the book’s cover, to the Supreme Court Library Staff and the e-Library team; to the dedicated members of the Philippine Group of Law Librarians (PGLL) who share the same mission to provide efficient legal research to their institutions; and to Rex’s Rana Patoc.
My source of joy, happiness, and inspiration these days are my apos. I have dedicated the first edition to my first apo and this second edition is for my second apo, Inigo Miguel. My late husband, Dondi will always be around us and our daughters, Ami Camille married to Mike and Ann Charisse, now married to Dave.

ISBN978-971-23-8942-9
Author(s)Milagros Santos-Ong
Copyright2018
Page count272
CoverPaperbound
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