Law Books of Secondary Authority

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LAW BOOKS OF SECONDARY AUTHORITY Works which are not primary authority but which digest, discuss or analyze legal provisions, judicial decisions or define and explain legal doctrines and terms are considered secondary materials. These secondary sources can help analyze a problem and provide research references to both primary sources and other secondary materials. A. CASE DIGESTS are compilations of paragraphs containing concise summaries of points in cases, grouped under appropriate headings, the chief of which are alphabetically arranged. Each paragraph in case digests is complete in itself when it has concisely and accurately stated the point decided with reference to precise facts. 1. Philippine Digest – this publication of Lawyers Coop. was designed as a companion set to the Philippine Reports. It has a general scheme of digesting cases and a system of numerous references of such American counterparts as those of the Lawyer Reports Annotated, the American Law Reports, and the United States Court Reports with modifications to suit Philippine law. 2. Republic of the Philippines Digest – this publication also by the Lawyers Coop., dubbed “Republic Digest” for short, starts from where the Philippine Digest leaves off, cover all decisions of the Supreme Court from July 4, 1946 through September 1958, published and unpublished. The set comprises Volumes 1 to 7 of digest paragraphs, classified under pertinent topics, and Volume 8 devoted to an alphabetically arranged table of cases. Vols. 9-17 cover decisions from 1958 to 1966. 3. Velayo’s Digest – covers not only decisions of Supreme Court but also those of the Court of Appeals. The main set of 25 vols. Covers the leading cases of the Supreme Court and the Court of Appeals from 1942 to 1960 4. SCRA Quick-Index Digest this publication by Central Lawbook Supply, Inc. has three volumes. The first two volumes condenses Volumes 1 to 36 of SCRA, while the third volume covers Volumes 37 to 61 also of SCRA up to 1974. Every year thereafter, yearly digests have been coming out 5. Compendium of Philippine Jurisprudence authored by Celso L. Magsino and published by Rex Book Store, it has 12 volumes containing digests of decisions of the Supreme Court from 1945 to 1980 6. Other Digests the other digests are: a. Armando C. Castillo, Digest of Supreme Court Decisions, 9 vols. (1951- 1964) b. Napoleon Garcia, Complete Monthly Digest of Supreme Court Decisions c. Navarrete, Digest-Index (of Supreme Court Decisions) , for 1957 and 1959 d. Jurado, Leading Cases in Civil Law (Supreme Court), for 1958-1960 e. Daniel T. Martinez, Summary of Supreme Court Rulings, starting from 1986 following the topic classification in the bar examination f. Jesus M. Elbinias, Philippine Judicial Weekly

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CIVIL LAW CASES

Transcript of Law Books of Secondary Authority

Page 1: Law Books of Secondary Authority

LAW BOOKS OF SECONDARY AUTHORITY

Works which are not primary authority but which digest, discuss or analyze legal provisions, judicial decisions or define and explain legal doctrines and terms are considered secondary materials.

These secondary sources can help analyze a problem and provide research references to both primary sources and other secondary materials.

A. CASE DIGESTS – are compilations of paragraphs containing concise summaries of points in cases, grouped under appropriate headings, the chief of which are alphabetically arranged. Each paragraph in case digests is complete in itself when it has concisely and accurately stated the point decided with reference to precise facts.

1. Philippine Digest – this publication of Lawyers Coop. was designed as a companion set to the Philippine Reports. It has a general scheme of digesting cases and a system of numerous references of such American counterparts as those of the Lawyer Reports Annotated, the American Law Reports, and the United States Court Reports with modifications to suit Philippine law.

2. Republic of the Philippines Digest – this publication also by the Lawyers Coop., dubbed “Republic Digest” for short, starts from where the Philippine Digest leaves off, cover all decisions of the Supreme Court from July 4, 1946 through September 1958, published and unpublished. The set comprises Volumes 1 to 7 of digest paragraphs, classified under pertinent topics, and Volume 8 devoted to an alphabetically arranged table of cases. Vols. 9-17 cover decisions from 1958 to 1966.

3. Velayo’s Digest – covers not only decisions of Supreme Court but also those of the Court of Appeals. The main set of 25 vols. Covers the leading cases of the Supreme Court and the Court of Appeals from 1942 to 1960

4. SCRA Quick-Index Digest – this publication by Central Lawbook Supply, Inc. has three volumes. The first two volumes condenses Volumes 1 to 36 of SCRA, while the third volume covers Volumes 37 to 61 also of SCRA up to 1974. Every year thereafter, yearly digests have been coming out

5. Compendium of Philippine Jurisprudence – authored by Celso L. Magsino and published by Rex Book Store, it has 12 volumes containing digests of decisions of the Supreme Court from 1945 to 1980

6. Other Digests – the other digests are: a. Armando C. Castillo, Digest of Supreme Court Decisions, 9 vols. (1951-1964)b. Napoleon Garcia, Complete Monthly Digest of Supreme Court Decisionsc. Navarrete, Digest-Index (of Supreme Court Decisions), for 1957 and 1959d. Jurado, Leading Cases in Civil Law (Supreme Court), for 1958-1960 e. Daniel T. Martinez, Summary of Supreme Court Rulings, starting from 1986 following the

topic classification in the bar examinationf. Jesus M. Elbinias, Philippine Judicial Weeklyg. Supreme Committee, Supreme Court Digest

B. TREATISES AND TEXTBOOKS – expositions by legal writers on statutory law and case law pertaining to a particular subject and published in book form.

1 . Administrative Law

2 . Agency

3 . Agrarian Reform

4 . Arbitration Law

5 . Banking

6 . Building Code

7 . Business Law

8 . Church Law

9 . Citizenship

10 . Civil Law

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11 . Civil Procedure (see Rules of Court)

12 . Civil Service Law

13 . Commercial Law

14 . Constitutional Law

15 . Construction Law

16 . Cooperative

17 . Corporation Law

18 . Credit Transactions

19 . Criminal Law (Penal Code)

20 . Education Act

21 . Election Law

22 . Evidence

23 . Firearm Law

24 . Insurance

25 . Intellectual Property

26 . International Law (Public and Private)

27 . Introduction Law

28 .Agrarian Reform (With Taxation and Coops.)

29 . Investments Law

30 . Judges and Courts

31 . Labor and Social Legislation

32 . Land Titles and Deeds

33 . Legal Ethics

34 . Legal Medicine

35 . Legal Research and Writing

36 . Muslim Law

37 . Natural Resources

38 . Negotiable Instruments Law

39 . Obligations and Contracts

40 . Parliamentary Law

41 . Partnership

42 . Persons and Family Relations

43 . Philosophy, Legal

44 . Political Law

45 . Property

46 . Rental Law

47 . Roman Law

48 . Rules of Court

49 . Sales

50 . Securities Act

51 . Statutory Construction

52 . Succession, Wills

53 . Tariff and Customs Code

54 . Taxation

55 . Torts and Damages

56 .Transportation, Admiralty and Maritime Law

57 . Trial Practice

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C. BAR REVIEWERS – bar review materials are very helpful to fourth year law students and those reviewing for the bar. They are also very important to legal researchers because they present a concise presentation of the law, legal doctrines and leading Supreme Court decisions in capsulized form. They are usually very current and include the latest SC decisions.

Florenz Regalado’s Remedial Law compendium Albano Civil Law reviewer Bernas The 1987 Philippine constitution –reviewer primer Francisco Pre-week Memory Aidfd in all Bar subjects 1997 edition

D. LEGAL PERIODICALS – the most serious and highly reputed legal periodical are the academic law reviews are published by virtually all accredited law schools as training grounds for student editors. They contain both articles by established scholars and student-written comments and case notes. Both lead articles and comments are marked by extensive footnotes, making them useful research tools.

In addition to general law reviews, there is an ever growing number of specialized academic journals, focusing on topics from ecology to industrial relations. Most of these are student-edited, but a few specialized scholarly journals, such as the American Journal of Legal History and the Journal of Legal History and the Journal of Legal Studies, are edited by faculty.

Legal Periodicals - Ateneo Law JournalCourt of Agrarian Relations JournalFar Eastern Law ReviewFrancisco College of Law JournalIntegrated Bar of the Philippines JournalLawyers JournalThe Lawyers ReviewLyceum Law ReviewMLQ Law QuarterlyPhilippine International Law JournalPhilippine Labor Law JournalPhilippine Law Journal (of UP)Philippine Lawyers Association JournalPhilippine Tax JournalSan Beda Law JournalTax Quarterly of the PhilippinesThe Law Review (UST)University of the East Law JournalUniversity of Manila Law Gazette JournalUniversity of San Carlos Law Review

Leading Law Journal in the Philippines – Philippine Law Journal of the UP College of Law which has been in existence since 1910. It is distinguished by its scholarly articles, reviews and commentaries. It is exchanged with leading universities in the United States and Europe and its articles by leading Filipino academicians and students of the College of Law are recorded in bibliographic listings around the world.

Newspapers daily case digests – started by Justice Federico B. Moreno

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Manila Times Daily Mirror Bulletin Today Times Journal Daily Express Philippine Daily Inquirer Philippine Star Business Day

E. LEGAL ENCYCLOPEDIA – while a textbook deals with one subject or phrase of a subject of the law, encyclopedia treats of all subjects. It is a comprehensive treatise of the entire field of the law. This whole field of the law is divided into topics arranged in alphabetical order. It presents in concise form, brief but comprehensive statements of the current law upon said topics.

A legal encyclopedia as distinguished from law dictionaries is a subject-book which presents to the user the means of making his own definitions. It deals with a whole field of law as distinguished from treatise which treats of a portion of the subject. It gives a literary statement of the law as distinguished from digests which presents isolated summaries of points of law.

Cyclopedia of Philippine Law – first attempt to publish a legal encyclopedia in the Philippines, to be authored by Alvir & Associates. However, only the first volume containing a textual treatment of the law from A to C was publish.

Encyclopedia of Philippine Law and Jurisprudence (Pedro Venida) – only its first volume had been published

Philippine Tax Reporters – specialized encyclopedia on taxation; advertised as a 25-volume cyclopedia, with annual supplements; deals extensively with the National Internal Revenue Code, special tax laws, tax rulings, circulars, decisions and treatises. After three volumes, it stopped.

The Philippine Legal Encyclopedia – Jose Agaton R. Sibal; published by Central Law Book Publishing Co.

F. LAW DICTIONARIES – are useful for identifying the definitions of words in their legal sense or use. For each word or phrase, a short definition is given. Some also provide a citation to a court case or other reference having the source of the word or phrase.

Diccionario de Administracion de las Islas Filipinas – published in 1887

Diccionario Juridico Recopilador – Martinez de San Agustin, 1922; a study which included chronological and alphabetical indexes of Philippine legislation and jurisprudence.

Philippine Law Dictionary – Federico B. Moreno, 1972; it defined legal terms and phrases that, as part of our law and jurisprudence, was necessary to a law practitioner. Those definitions are related to Philippine codes or statues and/or the authoritative court decisions where they may be found by citation to specific provisions of law or to reported cases.

Dictionary of International Law and Diplomacy – Gamboa

Philippine Labor Dictionary – Isidro (1966)

Dictionary of Insurance Terms and Phrases – Tiopanco (1976)