LEGAL RESEARCH REVIEWER (RUFUS in the Official Gazette, petitioners filed for writ of

mandamus to compel respondent public officials to

RODRIGUEZ) publish and/or cause to publish various presidential
decrees, letters of instructions, general orders,
1. Legal Research Definition proclamations, executive orders, letters of
-It is the process of finding the law, rules and implementations and administrative orders. The
regulations that govern activities of human society. It is Solicitor General, representing the respondents, moved
also defined as the investigation for information for the dismissal of the case, contending that
necessary to support legal decision making. petitioners have no legal personality to bring the instant
petition.
Legal Research Importance
-To provide competent representation* and uphold the ISSUE: W.O.N. publication in the Official Gazette is
standards of the legal profession required before any law or statute becomes valid and
enforceable.
*requires the legal knowledge, skill, thoroughness and
preparation reasonably necessary for representation. HELD: Art. 2 of the Civil Code does not preclude the
requirement of publication in the Official Gazette, even
2. Sources of Laws if the law itself provides for the date of its effectivity.
 Constitution The clear object of this provision is to give the general
 Legislation public adequate notice of the various laws which are to
 Administrative or Executive Acts regulate their actions and conduct as citizens. Without
 Judicial Decisions or Jurisprudence such notice and publication, there would be no basis for
 Customs the application of the maxim
ignoratia legis nominem excusat
3. Law Definition . It would be the height of injustice to punish or
-A rule of conduct, just and obligatory, promulgated by otherwise burden a citizen for the transgression of a law
legitimate authority for the common observance and which he had no notice whatsoever, not even a
benefit. constructive one. The very first clause of Section 1 of CA
638 reads:
Characteristics of Law There shall be published in the Official Gazette…. The
 Rule of conduct-guidelines of what to do or not word “shall” therein imposes upon respondent officials
to do an imperative duty. That duty must be enforced if the
 Just and obligatory-imposes a duty to obey constitutional right of the people to be informed on
 Promulgated by legitimate authority-by the matter of public concern is to be given substance and
legislature validity. The publication of presidential issuances of
 Common observance and benefit-observed by public nature or of general applicability is a requirement
all for the benefit of all of due process. It is a rule of law that before a person
may be bound by law, he must first be officially and
4. Effectivity of Laws specifically informed of its contents. The Court declared
Art. 2, Civil Code. Laws shall take effect after 15 days that presidential issuances of general application which
upon completion of their publication in the Official have not been published have no force and effect
Gazette, unless otherwise provided.
Tañada vs Tuvera
*EO 200 –in newspaper of general circulation 146 SCRA 446

5. Tañada vs Tuvera FACTS: This is a motion for reconsideration of the

decision promulgated on April 24, 1985. Respondent
Tañada vs Tuvera argued that while publication was necessary as a rule, it
136 SCRA 27 was not so when it was “otherwise” as when the
decrees themselves declared that they were to become
FACTS: Invoking the right of the people to be informed effective immediately upon their approval.
on matters of public concern as well as the principle
that laws to be valid and enforceable must be published
ISSUES: W.O.N. a distinction be made between laws of ISSUE: W.O.N. RA 7167 took effect upon its approval or
general applicability and laws which are not as to their after 15 days upon its publication and if it covers
publication; taxable income for year ended 1991.

and W.O.N. a publication shall be made in publications HELD: RA 7167 took effect on January 30, 1992, after 15
of general circulation. days upon publication and not upon its approval on
December 1991 because the effectivity clause is
HELD: The clause “unless it is otherwise provided” defective. In the second issue, looking into the
refers to the date of effectivity and not to the contemporaneous legislative intent, the Act was
requirement of publication itself, which cannot in any intended to adjust the poverty threshold level at the
event be omitted. This clause does not mean that the time said Act was enacted and not in the future
legislature may make the law effective immediately
upon approval, or in any other date, without its 7. Fariñas vs Executive Secretary
previous publication.
“Laws” should refer to all laws and not only to those of Fariñas vs Executive Secretary
general application, for strictly speaking, all laws relate 417 SCRA 503
to the people in general albeit there are some that do
not apply to them directly. A law without any bearing FACTS: RA 9006, The Fair Election Act, was signed into
on the public would be invalid as an intrusion of privacy law by President Arroyo. Petitioners, members of the
or as class legislation or as an ultra vires act of the Minority of the House of Representatives, filed a
legislature. To be valid, the law must invariably affect Petition to declare said Act unconstitutional because it
the public interest eve if it might be directly applicable violated Sec. 26, Article 6 of the Constitution requiring
only to one individual, or some of the people only, and every law to have only one subject which should be
not to the public as a whole. All statutes, including expressed in its title. Moreover, it is violative of the Due
those of local application and private laws, shall be Process Clause of the Constitution with regards to Sec.
published as a condition for their effectivity, which shall 16 which states that “This act shall take effect
begin 15 days after publication unless a different immediately upon its approval”.
effectivity date is fixed by the legislature. Publication
must be in full or it is no publication at all, since its HELD: The effectivity clause of RA 9006 is defective, but
purpose is to inform the public of the content of the it does not render the entire law defective. Under the
law. Article 2 of the Civil Code provides that publication case of Tañada vs Tuvera, the phrase “unless otherwise
of laws must be made in the Official Gazette, and not provided” refers to the date and not to publication,
elsewhere, as a requirement for their effectivity. The which is indispensable.
Supreme Court is not called upon to rule upon the
wisdom of a law or to repeal or modify it if it finds it 8. La Bugal-b’laan Tribal Association, Inc. vs Ramos
impractical. The publication must be made forthwith, or
at least as soon as possible. La Bugal-b’laan Tribal Association, Inc. vs Ramos
421 SCRA 148
6. Umali vs Estanislao
FACTS: On July 25, 1987, two days before the convening
Umali vs Estanislao of the First Congress, President Aquino, in her exercise
209 SCRA 446 of legislative power during the Provisional Constitution,
issued EO 279 with the clause “shall take effect
FACTS: RA 7167, providing additional exemptions to immediately”. EO 279 was published on August 3, 1987.
taxpayers, was signed and approved on December
1991 with the clause “shall take effect upon its ISSUE: W.O.N. EO 279 violated EO 200 where a law shall
approval” and was published on January 14, 1992 in take effect after 15 days following its publication and
Malaya, a newspaper of general circulation. Petitioner
filed a Petition for Mandamus to compel the Secretary W.O.N. legislative powers of the President ceased to
of Finance and the CIR, herein respondents, to exist upon the convening of the First Congress two days
implement RA 7167. after EO 279’s issuance, thereby making such issuance
invalid.
HELD: EO 279 is an effective and validly enacted statute.  Interpretative Clause -legislature defines its own
There is nothing in EO 200 that prevent a law from language or prescribes rules for its construction
taking effect on a date other than, or before, the 15-day  Repealing Clause -announces the legislative
period after its publication. The 15-day period only intent to terminate or revoke another statute
applies to those laws that do not provide for its own  Saving Clause -restricts a repealing act and
effectivity date. When EO 279 was published, it became preserves existing powers, rights and pending
immediately effective upon its publication. On EO 279’s proceedings from the effects of the repeal
validity, it was issued before the convening of the First  Separability Clause -if for any reason, any
Congress therefore the President was validly exercising section or provision is held to be
her legislative powers unconstitutional or invoked, the other section
or provision of the law shall not be affected
9. Statute Definition thereby.
-A written will of the legislature expressed according to  Date of effectivity -when the law shall take
the form necessary to constitute it a law of the state effect
and rendered authentic by certain prescribed forms and
solemnities 10. Lidasan vs COMELEC21 SCRA 496

Classes of Statute Law Lidasan vs COMELEC

21 SCRA 496
A. The 1987 Constitution
Constitution, Defined FACTS: RA 4790 “An Act Creating the Municipality of
-The fundamental law or supreme law of the land Dianaton in the Province of Lanao del Sur” was signed
promulgated by the people. A law, to which all other into law consisting of 21 barrios, 12 of which are from
laws must conform the municipalities of Parang and Buldon, province of
Cotabato. The Office of the President recommended the
-The written instrument by which the fundamental COMELEC to suspend the operation of the statute until
powers of the government are established, limited and clarified. Notwithstanding, the COMELEC declared that
defined and by which these powers are distributed the statute should be implemented unless declared
among the several departments for their safe and useful unconstitutional by the SC. Hence the petition for
exercise for the benefit of the people. certiorari and prohibition filed by Bara Lidasan, a
resident and taxpayer of the detached portion of
B. Treaties and International Agreements Parang, Cotabato and a qualified voter.
Treaty, Defined
-An agreement between or among states which HELD: RA 4790 is unconstitutional because it violates
generally governs their mutual conduct with one the provision that “no bill which may be enacted into
another. law shall embrace more than one subject which shall be
expressed in the title of the bill” Two-pronged purpose
C. Statutes enacted by the Legislature combined in one statute: It creates the municipality of
Dianaton purportedly from 21 barrios in the towns of
Parts of Statutes Butig and Balabagan,both in the province of Lanao del
Sur; and It also dismembers two municipalities in
 Title -gives the general statement of the subject Cotabato, a province different from Lanao del Sur
matter
 Preamble -states the reason for, or the objects RATIONALE: Title to be couched in a language sufficient
of the enactment to notify the legislators and the public and those
 Enacting Clause -indicates the authority which concerned of the import of the single subject thereof. A
promulgates the enactment title which is so uncertain that the average person
 Body -contains the subject matter of the statute reading it would not be informed of the purpose of the
and shall embrace only one subject enactment or put on inquiry as to its contents, or which
 Provisos -acting as a restraint upon or as is misleading, either in referring to or indicating one
qualification of the generality of the language subject where another or different one is really
which it follows embraced in the act, or in omitting any expression or
indication of the real subject or scope of the act, is bad.
 15. Santos vs. CA
*PREAMBLE does not create right nor grant any right,
not a source of government power, not an essential Santos vs. CA
part of a statute. 240 SCRA 20

11. Case Law Definition FACTS: Plaintiff Leouel Santos married defendant Julia
-the decisions, interpretations made by judges while Bedia on September 20, 1986. On May 18, 1988, Julia
deciding on the legal issues before them which are left for the U.S. She did not communicate with Leouel
considered as the common law or as an aid for and did not return to the country. In1991, Leouel filed
interpretation of a law in subsequent cases with similar with the RTC of Negros Oriental, a complaint for voiding
conditions. Case laws are used by advocates to support of the marriage under Article36 of the Family Code. The
their views to favor their clients and also it influences RTC dismissed the complaint and the CA affirmed the
the decision of the judges. dismissal.

-it comes from judicial authorities of the state and is the ISSUE: Does the failure of Julia to return home, or at the
2nd major category of primary sources of law very least to communicate with him, for more than five
years constitute psychological incapacity?
12. Res judicata Definition
-a matter adjudged, judicially acted upon or decided, or HELD: No, the failure of Julia to return home or to
settled by judgment. It provides that a final judgment communicate with her husband Leouel for more than
on the merits rendered by a court of competent five years does not constitute psychological incapacity.
jurisdiction is conclusive as to the rights of the parties Psychological incapacity must be characterized by
and their privies; and constitutes an absolute bar to a)gravity, b) juridical antecedence, and c) incurability
subsequent actions involving the same claim, demand Psychological incapacity should refer to no less than a
or cause of action mental (not physical) incapacity that causes a party to
be truly incognitive of the basic marital covenants that
13. Stare Decisis Definition concomitantly must be assumed and discharged by the
-The principle that the decisions of a court are a binding parties to the marriage which, as so expressed by Article
authority on the court that issued the decisions and on 68 of the Family Code, include their mutual obligations
the lower courts for the disposition of factually similar to live together, observe love, respect and fidelity and
controversies. Stand on what has been decided render help and support. The intendment of the law has
been to confine the meaning of “psychological
-“Adherence to precedents”, states that once a case incapacity” to the most serious cases of personality
has been decided one way, then another case, involving disorders clearly demonstrative of an utter insensitivity
exactly the same point at issue, should be decided in or inability to give meaning and significance to the
the same manner. marriage. This psychologic condition must exist at the
time the marriage is celebrated. Undeniably and
NOTE: understandably, Leouel stands aggrieved, even
Supreme Court is not bound by this doctrine because it desperate, in his present situation. Regrettably, neither
can overturn precedents. law nor society itself can always provide all the specific
answers to every individual problem Petition is denied.
14. Case Briefing Definition
-A digest or condensation of a case. It is a written 16. Chi Ming Tsoi vs. CA
summary identifying the essential components of a
court opinion. Chi Ming Tsoi vs. CA
266 SCRA 324
FUNDAMENTAL RESEARCH SKILL: CASE BRIEFING AND
SYNTHESIS OF CASES FACTS: On May 22, 1988, Gina Lao married Chi Ming
Tsoi. Since their marriage until their separation on
March 15, 1989, there was no sexual contact between
them. Gina filed a case of annulment of marriage on the
ground of psychological incapacity with the RTC of
Quezon City. The RTC granted annulment which was The following guidelines in interpretation and
affirmed by the CA. application of Article 36 of the Family Code are hereby
handed down for the guidance of the bench and the
ISSUE: Is the failure of the husband to have sexual bar: (1) Burden of proof belongs to the plaintiff (2) Root
intercourse with his wife from the time of the marriage causes of PI must be: medically or clinically identified;
until their separation on March 15, 1989 aground for alleged in the complaint; sufficiently proven by experts;
psychological incapacity. and clearly explained in the decision (3) PI must be
proven to be existing at the time of the celebration of
HELD: One of the essential marital obligations under the the marriage, although manifestation need not be
Family Code is “to procreate children based on the perceivable at such time (4) Shown to be medically or
universal principle that procreation of children through clinically permanent (5) Must be grave enough to bring
sexual cooperation is the basic end of marriage.” about the disability of the party to assume the essential
In the case at bar, the senseless and protracted refusal obligations of marriage (6) The essential marital
of one of the parties to fulfill the above marital obligations must be those embraced by Arts. 68-71 of
obligation is equivalent to psychological incapacity. the Family Code (7) Interpretations given by the
Judgment AFFIRMED. National Appellate Matrimonial Tribunal of the Catholic
Church in the Philippines, while not controlling, should
17. Republic vs. CA be given great respect by our courts (8) The trial court
must order the fiscal and the Solicitor-General to
`Republic vs. CA appear as counsel for the State. No decision shall be
268 SCRA 198 handed down unless the Solicitor General issues a
certification, which will be quoted in the decision,
FACTS: On April 14, 1985, plaintiff Roridel O. Molina briefly stating his reasons for his agreement or
married Reynaldo Molina which union bore a son. After opposition to the petition
a year of marriage, Reynaldo showed signs of
immaturity and irresponsibility as a husband and father Judgment reversed and set aside.
as he preferred to spend more time with his friends,
depended on his parents for assistance, and was never
honest with his wife in regard to their finances resulting 18. Hernandez vs. CA
in frequent quarrels between them. The RTC granted
Roridel’s petition for declaration of nullity of her Hernandez vs. CA
marriage which was affirmed by the CA. 320 SCRA 76

ISSUE: Do irreconcilable differences and conflicting FACTS: Lucita Estrella married Mario Hernandez on
personalities constitute psychological incapacity? January 1, 1981 and they begot three children. On July
10, 1992, Lucita filed before the RTC of Tagaytay City, a
HELD: There is no clear showing that the psychological petition for annulment of marriage under Article 36
defect spoken of is an incapacity. It appears to more of alleging that from the time of their marriage, Mario
a “difficulty”, if not outright “refusal” or “neglect” in the failed to perform his obligation to support the family,
performance of some marital obligations. devoting most of his time drinking, had affairs with
Mere showing of “irreconcilable differences” and many women and cohabiting with another women with
“conflicting personalities in no wise constitutes whom he had an illegitimate child, and finally
psychological incapacity. It is not enough to prove that abandoning her and the family. The RTC dismissed the
the parties failed to meet their responsibilities and petition which was affirmed by the CA.
duties as married persons; it is essential that they must
be shown to be incapable of doing so, due to some ISSUE: Whether there was psychological incapacity
psychological (not physical) illness. The evidence merely under Article 36.
adduced that Roridel and her husband could not get
along with each other. There had been no showing of HELD: Petitioner failed to establish the fact that at the
the gravity of the problem, neither its juridical time they were married, private respondent was
antecedence nor its incurability. suffering from psychological defect which in fact
deprived him of the ability to assume the essential
duties of marriage and its concomitant responsibilities.
As the Court of Appeals pointed out, no evidence was were already present at the inception of the marriage or
presented to show that private respondent was not that they are incurable. Verily, the behavior of
cognizant of the basic marital obligations. It was not respondent can be attributed to the fact that he had
sufficiently proved that private respondent was really lost his job and was not gainfully employed for a period
incapable of fulfilling his duties due to some incapacity of more than six years. It was during this period that he
of a psychological nature, and not merely physical. became intermittently drunk, failed to give material and
Private respondent’s alleged habitual alcoholism, sexual moral support, and even left the family home. Thus, his
infidelity or perversion, and abandonment do not by alleged psychological illness was traced only to said
themselves constitute grounds for finding that he is period and not to the inception of the marriage. Equally
suffering from a psychological incapacity within the important, there is no evidences howing that his
contemplation of the Family Code. It must be shown condition is incurable, especially now that he is gainfully
that these acts are manifestations of a disordered employed as a taxi driver. In sum, this Court cannot
personality which make private respondent completely declare the dissolution of the marriage for failure of
unable to discharge the essential obligations of the petitioner to show that the alleged psychological
marital state, and not merely due to private incapacity is characterized by gravity, juridical
respondent’s youth and self-conscious feeling of being antecedence and incurability (Santos v. CA,240 SCRA
handsome, as the appellate court held. Judgment 20); and for her failure to observe the guidelines as
affirmed. outlined in Republic v. CA and Molina, 268 SCRA 198

19. Marcos vs. Marcos 20. Republic vs. Dagdag

Marcos vs. Marcos Republic vs. Dagdag

G.R. No. 136490, October 19, 2000 G.R. No. 109975, February 9, 2001

FACTS: Plaintiff Brenda B. Marcos married Wilson FACTS: Plaintiff Erlinda Matias married Avelino Dagdag
Marcos in 1982 and they had five children. Alleging that in 1975 and they begot children. A week after the
the husband failed to provide material support to the wedding, Avelino would disappear for months. During
family and have resorted to physical abuse and the times he was with the family, he indulged in
abandonment, Brenda filed a case for the nullity of the drinking sprees with friends and would return home
marriage for psychological incapacity. The RTC declared drunk. He would likewise inflict physical injuries on her.
the marriage null and void under Article 36 which was In 1983, Avelino left the family again and that was the
however reversed by the CA. last they heard from him. Erlinda later learned that
Avelino was imprisoned but escaped from jail. In 1990,
ISSUES: 1) Whether personal medical or psychological Erlinda filed with the RTC of Olongapo City a petition for
examination of the respondent by a physician is a nullity of marriage for psychological incapacity. On
requirement for a declaration of psychological December 17, 1990, the date set for presentation of
incapacity evidence, only Erlinda and her counsel appeared.
Erlinda testified and presented her sister-in-law, Virginia
2) Whether the totality of evidence presented in this Dagdag, as her only witness. Virginia testified that she is
case show psychological incapacity. married to the brother of Avelino. She testified that
Erlinda and Avelino always quarreled, and that Avelino
HELD: Psychological incapacity, as a ground for never stayed for long at the couple’s house. Thereafter,
declaring the nullity of a marriage, may be established Erlinda rested her case. The RTC declared the marriage
by the totality of the evidence presented. There is no null and void under Article 36 of the Family Code which
requirement, however that the respondent should be was affirmed by the CA.
examined by a physician or a psychologist as a condition
sine qua non for such declaration. Although this Court is ISSUE: Whether the husband suffers from psychological
sufficiently convinced that respondent failed to provide incapacity as he is emotionally immature and
material support to the family and may have resorted to irresponsible, a habitual alcoholic and a fugitive from
physical abuse and abandonment, the totality of his acts justice.
does not lead to a conclusion of psychological incapacity
on his part. HELD: Taking into consideration these guidelines laid
There is absolutely no showing that his “defects” down in the Molina case, it is evident that Erlinda failed
to comply with the required evidentiary requirements.
Erlinda failed to comply with guideline No. 2 which
requires that the root cause of psychological incapacity
must be medically or clinically identified and sufficiently
proven by experts, since no psychiatrist or medical
doctor testified as to the alleged psychological
incapacity of her husband. Further, the allegation that
the husband is a fugitive from justice was not
sufficiently proven. In fact, the crime for which he was
arrested was not even alleged. The investigating
prosecutor was likewise not given an opportunity to
present controverting evidence since the trial court’s
decision was prematurely rendered. Judgment reversed
and set aside.