What Is Legal Basis in the Philippines? Meaning, Examples, and How to Cite It - Blog

What is your legal basis?

This is a question often posed to us, whether you are a law student or a full-fledged lawyer. Legal basis is the foundation of every legal argument. Law students, practitioners, and researchers alike must master how to identify and cite it.

This article seeks to delve deeper into the significance and application of the legal basis in legal research and why it is important to find legal databases and companions we can rely on the most.

What Is Legal Basis?

A legal basis is the specific law or legal authority that gives an action, decision, argument, or ruling its credibility & support. It allows a claim to be legally sound and therefore, more reliable for non-members of the legal field. In simpler terms, it is the legal foundation for any claim, right, or obligation.

The seminal case of Tanada v. Tuvera explains the importance of informing the public of their rights and obligations through publication in order for it to be effective and binding. This is important to understand in the concept of legal basis because there is an expectation for everyone to be aware of their rights and obligations such that every act has to be supported by law to be effective.

Types of Legal Bases in the Philippines

There are two main types of sources of legal bases in the Philippines: the primary & the supplementary legal bases. Primary legal bases are those that are most authoritative in the Philippines such that every citizen and resident is expected to follow them. Supplementary bases, on the other hand, are merely interpretative of the primary legal bases. Below are the most common sources of legal basis:

Primary Bases

Primary legal basis are those that have binding force and must be followed by all Philippine courts, citizens, and agencies. The following are some examples:

1. Constitution

The Constitution is the supreme law of the land. It prevails over all existing laws and case law and any act or legislation contrary to the provisions of the Constitution shall be struck down.

2. Legislation

Legislation are laws enacted by Congress which implement, enact, and enforce the spirit of the people or the Constitution. These are commonly in the form of Republic Acts (RAs) such as RA 9165 or the Comprehensive Dangerous Drugs Act of 2002.

3. Jurisprudence

Third on the hierarchy are jurisprudence or case laws which are decisions promulgated by the Supreme Court which seeks to interpret and enforce provisions of the laws and the Constitution. The Supreme Court in deciding on cases fill in the gaps of the law and upholds the rights and obligations of the parties.

Supplementary Bases

Supplementary legal basis are those that support, clarify, or fill in the gaps of the above primary legal bases especially when they are incomplete or insufficient. The following are some examples:

1. Administrative Issuances and Regulations

These are rules, orders, circulars, or memoranda issued by the various administrative agencies pursuant to a law, which are used to implement or enforce legal policies.

A classic example of such is in the form of Implementing Rules and Regulations or IRRs like the IRR of RA 9165.

2. Treaties

Treaties contain legal rights and obligations founded on international agreements that the Philippines has validly entered into and adopted as part of its laws. Article II, Section 2 of the Constitution recognizes that the Philippines “adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.”

A common example of a treaty we abide by is the ICCPR or the International Covenant on Civil and Political Rights which enforces human rights in accordance with constitutional concepts.

3. Local Ordinances

Lastly, local ordinances can also be a supplementary legal bases which are subordinate to the primary legal bases above-listed, but they are binding within the barangay or localities where they were enacted.

Legal Basis in Research vs. in Law School and Bar Exams

Although legal bases may mean the same thing across multiple fields, they are used differently for different purposes.

For instance, in academic use, legal bases are cited during examinations and recitations as well as to support our claims and answers. On the other hand, legal basis in research are used to support research claims and lend authority to one’s writing. Below are some more differences between the two uses of legal bases.

	Legal Basis in Research	Legal Basis in Law School and the Bar Exams
Tone	Formal, authoritative, and explanatory	Concise, precise, and supporting
Purpose	To support research claims, form analysis, and verify sources	To answer hypothetical cases, form legally sound opinions, and show mastery of the law
Example Citations	“As held in Board of Commissioners v. Wenle” “RA 11659 has emphasized that…”	“As provided in prevailing jurisprudence” “Pursuant to RA 9165” “According to Ramos v. CA”

How to Cite a Legal Basis Properly

Now that you get a clear picture of what legal basis is in the Philippines and how they are used, we can now learn how to cite them properly. Citations containing legal bases are important because it demonstrates one’s mastery of the subject or topic and even lends authority to your claims.

Citing can be done in a number of ways. The main forms are in footnotes or in-text citations.

Footnotes

The Supreme Court Stylebook has recognized the footnotes format in citing legal bases in research and case decision writing. Footnotes are usually used in academic research writing.

Usually, footnote numbers are placed at the end of the sentence or clause where the source is referenced and are numbered sequentially from 1 to whichever number. The footnote itself is in a smaller font, usually a 8pt or 9pt.

An example of such are as follows:

As stated in the case of Tanada v. Tuvera...

The footnote containing the case details will appear as such below at the end of the document.

In-Text Citations

In-text citations on the other hand are usually used in answering examinations and the bar exams. It is formatted as follows:

Obligations arise from different sources such as from contracts (Art. 1157 of the Civil Code).

Unlike footnote citations, in-text citations are easier to reference back to but can make your writing a bit messy which is why it is more recommended in exam-writing.

	Footnotes	In-Text Citations
Definition	Smaller text placed at the bottom of the page to provide sources of legal bases or additional information	Sources written within or after a sentence to indicate the legal basis
Purpose	To provide full details of legal basis without disrupting the flow of the main text	To aid the professor in identifying the legal bases quickly
Used in	Legal Research	Written Legal Examinations or the Bar Exams
Example Citation	As stated in the case of Tanada v. Tuvera...	Obligations arise from different sources such as from contracts (Art. 1157 of the Civil Code).

Common Mistakes in Citing Legal Bases

Citing legal bases may be one of the most tedious tasks a researcher or a law student has to do. As such, knowing about common mistakes will help prevent you from making the same ones.

1. Lengthy Citations

Citations of legal bases are supposed to make referencing them easier to read. When a writer includes unnecessary words or filler phrases, it makes the citations harder to see. Below are some tips and tricks on how to write a concise legal basis answer especially for exam answers.

2. Inaccurate Legal Bases

With all the details which set each case apart from each other, knowing just the case name is insufficient to cite a full legal basis citation. In addition to the case name, take note also of the date, G.R. No., as well as the concept/s the case falls under to accurately cite your legal basis.

3. Citing Outdated or Repealed Laws

Since Supreme Court cases and laws get repealed often, keeping track of updated jurisprudence and legislation may be a challenge without any help. Thankfully, legal databases such as Digest PH and their companion, Digest AI, help writers and researchers stay updated with legal bases such as laws and jurisprudence.

How to Write a Concise Legal Basis Answer and Examples

One of the most common mistakes of law students in exams is giving a long, winding answer or statement. This often causes crucial points to be deducted from the score of the student. To avoid such, make sure to follow the following tips and tricks:

1. Identify the Legal Issue

When reading the exam questions, make sure to only focus on the facts that are pertinent to the coverage of the exam.This helps narrow down the cases or laws you can cite to support your answer.

2. Select Appropriate Legal Bases

Now that you’ve identified the legal issue, you can now start narrowing down your sources. For laws, you can opt to cite the general code you are referring to in the following manner:

“As stated in the Civil Code”

“Pursuant to the Revised Penal Code”

You can however use the specific provision if you can remember it.

3. Use Proper Citation

Citation of legal basis in exams is different when you are citing cases and laws. For laws, you would need to cite the Republic Act No. or the Code which contains the provision you are referring to. For cases on the other hand, you can opt to generally refer to them as the following:

“Prevailing jurisprudence has stated that…”

However, if you do remember the case title or at least the petitioner, you can write:

Oposa v. Factoran clearly states that…

4. Avoid Filler Words

In writing legal bases citations in exams, remember to keep it straightforward. Avoid words such as “actually”, “very”, or “basically” to make it concise. This makes it easier for your professor to read your answers, and maybe, even help you garner additional points.

Legal Basis Examples for Law Students

To further aid you in avoiding mistakes in citations, you can use the ALAC method in answering your exams. The following table contains such examples of citations to avoid and ideal answers with legal bases.

Sample Questions	Legal Basis Answers to Avoid	Ideal Answers with Legal Basis
Abe, married to Liza, contracted another marriage with Connie in Singapore. Thereafter, Abe and Connie returned to the Philippines and lived as husband and wife in the hometown of Abe in Calamba, Laguna. Can Abe be prosecuted for bigamy? (Bar Question 1994)	No, Abe may not be prosecuted for bigamy in this case because, under Article 2 of the Revised Penal Code, which generally provides that Philippine criminal laws apply only within the territory of the Philippines, acts committed outside the country are usually not covered unless a special provision says otherwise. In this situation, the alleged bigamous marriage was contracted or solemnized in Singapore, so it falls outside the territorial scope of Philippine law and is therefore not punishable here. Even though bigamy is a crime under the Revised Penal Code, the fact that the marriage happened abroad and not in the Philippines means that Abe cannot be held liable under the general territoriality rule.	No, Abe may not be prosecuted for bigamy. Article 2 of the Revised Penal Code states that the general rule on territoriality of criminal law governs the situation. Since the bigamous marriage was contracted or solemnized in Singapore then such violation is not one of those punishable.
How are felonies committed? Explain each. (Bar Question 2015)	Felonies are committed not just by deceit, or dolo, but also by fault, or culpa, and the difference is about intent. Deceit happens when someone does an act on purpose, while fault happens when the wrongful act occurs because of negligence, imprudence, lack of skill, or lack of foresight, as explained in Article 4 of the Revised Penal Code.	Article 4 of the Revised Penal Code states that felonies are committed by deceit (dolo) or fault (culpa). There is deceit when the act is performed with deliberate intent. There is fault when the wrongful act results from imprudence, negligence, lack of foresight, or lack of skill.
RN and DM, without any impediment to marry each other, had been living together without benefit of church blessings. Their common-law union resulted in the birth of ZMN. Two years later, they got married in a civil ceremony. Could ZMN be legitimated? Reason. (Bar Question 2004)	Yes, ZMN can be legitimated by the subsequent marriage of RN and DM because Article 177 of the Family Code says that children born outside of wedlock may be legitimated only if their parents were not disqualified to marry each other at the time of conception. Since RN and DM could have married when ZMN was conceived, the child can be legitimated once the parents marry.	Yes, ZMN can be legitimated by the subsequent marriage of RN and DM. Article 177 of the Family Code states that only children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other may be legitimated. Because at the time he was conceived, RN and DM could have validly married each other, ZMN can be legitimated.

Tools to Find Legal Basis Easily

Looking for legal bases is difficult to do if you don’t know what website to use. Below are some of the most highly recommended databases for law students and researchers alike.

1. LawPhil

Lawphil is one of the most well-known websites for updated cases. Although it doesn’t allow researchers and students to download the cases, they can opt to copy and paste the text to their own document.

2. ChanRobles

ChanRobles is another famous legal database for the latest jurisprudence and laws. Their database of cases and laws are organized by subject, making it easier for researchers and students alike to search what they need.

3. Digest PH AI

Last but definitely not the least, Digest PH provides an easy-to-navigate database of Philippine legal materials, including Supreme Court decisions, statutes, and issuances, making it easier for researchers to find relevant cases or laws by keyword, case title, or G.R. number.

Frequently Asked Questions About Legal Basis

Is saying “under the law” enough?

No, while some professors will accept such an answer, generally knowing the law (i.e. Republic Act No. or short title of the law) you are citing helps.

What counts as a valid legal basis?

A valid legal basis are those under primary and supplementary legal bases as discussed above.

Can I use public morals or equity as a legal basis?

Yes, public morals and equity are used as legal basis by the Court when the law or prevailing jurisprudence seems unfair. Agabon v. NLRC is an example where the Court overturned the Serrano doctrine, which rendered dismissals invalid for failure of the employer to adhere to procedural due process requirements, unfair and unjust.

Do I always need to cite the case title or G.R. number?

No, most professors allow phrases such as “pursuant to prevailing jurisprudence” or “according to the Civil Code” but it is equally impressive to be able to cite and remember your legal bases.

How do I find the right legal basis quickly?

You can check out legal databases tailored to your needs such as Digest PH.

Key Takeaways

Legal basis is the foundation of any legal argument, ensuring that claims and decisions are supported and have bases.
Primary legal bases include the Constitution, statutes, and jurisprudence, while supplementary bases help interpret or fill gaps in the law.
Proper citation of legal bases demonstrates mastery of the law and allows verification by readers or professors.
Concise and focused answers improve clarity and strengthen legal arguments.
Legal research tools like Digest PH, LawPhil, and ChanRobles help efficiently locate statutes, cases, and other legal materials.

Conclusion

Understanding and correctly citing legal bases is crucial for law students, practitioners, and researchers to ensure that arguments and answers are legally sound. By mastering both primary and supplementary sources and using reliable research tools like Digest PH, you can strengthen your legal writing and exam performance.

Start applying these practices today to make your legal research and exam answering skills more accurate, efficient, and persuasive.