LEGAL RESEARCH

CHAPTER 4 INTRODUCTION TO LAWS I. LAW & KINDS OF LAWS Definition of Law: A rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority. (MerriamWebsters Dict.) jural and generic sense: refers to the whole body or system of law. jural and concrete sense: rule of conduct formulated and made obligatory by legitimate power of the state. Enforceable rules that govern individual and group conduct in a society. It establishes standards of conduct, the procedures governing the conduct and the remedies available when the rules of conduct are not adhered to.

(let the decision stand). Past decisions guide the determination of current disputes. Creates an element of stability and also adapts to the developments in society and technology over time.

3. Administrative Law Includes executive orders issued by the President, the regulations issued by governmental regulatory agencies. Usually the implementing rules and regulations. Purpose of the Law To establish standards that allow individuals to interact with the greatest efficiency and least amount of conflict. Functions of the law: a. keep the peace b. shape moral standards c. promote social justice d. maintain the status quo9present position) e. facilitate orderly change f. facilitate planning g. provide a basis for compromise h. maximize individual freedom. Philosophy of Law 1. Classical Natural Law Theory According to St. Thomas Aquinas- 4 Types of Law: Eternal Law- laws of the universe- the whole community of the universe is governed by divine reason. Divine Law- the revealed word of God- we need to be guided to our supernatural destiny, our reason being insufficient to reveal it to us. Natural Law- eternal laws as it applies to us, which we know by reason. Human Law- created by people for the purpose of carrying out natural law.

3 Basic Categories of Laws:

1. Statutory or Enacted Law Includes the Constitution and statutes passed by the Congress. The term enacted law is the body of law adopted by the people or legislative bodies: Constitutions- adopted by the people. Statutes, ordinances- passed by legislative bodies. 2. Case Law (Jurisprudence or Judge Made Laws Includes decisions of Supreme Court, the courts and judicial bodies. A result of Common Law System. Common Law is a body of rules created through judicial decisions. Operates either under the doctrine of precedent or Doctrine of Stare Decisis

Aquinas Philosophy of Law Law is nothing else than an ordinance of reason for the common good, promulgated by him who has the care of community (the power to coerce others to obey it). ordinance of reason means the law must have an end or goal. The goal of law is common good Law must be made known to those ruled by it. Sources of Philippine Laws 1. Legislative Dept. (statutes) The congress has the power to enact, revoke or alter such, and any, law as it sees fit. Enactment- main function of congress. 2. Statutes Statutes declare rights and duties or command or prohibit certain conduct. Referred to by various terms: acts, codes, ordinances, statutes. 3. Judiciary Dept. (source of Case or common laws, Jurisprudence, or Judge Made Laws) Creation or refinement of law in the course of judicial decisions. Art. 8 of the New Civil Code: judicial decisions applying or interpreting the laws or constitution shall form part of the legal system of the Philippines. 4. Case Law Laws created by court in the absence of enacted law. Also laws created when courts interpret or apply enacted law. Phil. Courts shall decide the case base on enacted laws but when there is silence,obscurity or insufficiency of the laws, judges are guided by Art. 9 of the New Civil Code: no judge or court shall

decline to render judgment by reason of silence, obscurity, or insufficiency of the laws. 5. Executive Dept. (rules and regulations or administrative laws) Given delegated power of the legislative branch, manifested by the issuance of implementing rules and regulations of the executive dept. LGUs are also given delegated power manifested by issuance of ordinances. Reason for delegation: the congressdoes not have enough time and are not equipped to oversee the day-to-day running of the government and implementation of the laws. Administrative law is usually more specific than statutory law because it deals with the details of implementing the law. Executive branch functions quasilegislatively and quasi-judicially. Executive branch serve as source of the law in 4 ways: o Treaties are entered into by the executive branch with the consent of the senate. They are source of law for they may relate to trade and import matters, economic cooperation, or even international boundaries. o President can issue executive orders to regulate and direct national agencies and officials. o Executive branch exerts influence on statute through implementing rules and regulations. o Ordinances of LGUs. Hierarchy of Laws: 1. 1987 Consti. 2. Statutes 3. Implementing rules and regulations 4. court decisions.

Civil Law System Legal system from the Roman law heritage, giving superiority to the written law has opted for a systematic codification of its general law. Precedent and Doctrine of Stare Decisis Precedent An earlier court decision on an issue that applies to govern or guide a subsequent court in its determination of identical or similar issues based upon identical or similar facts. Doctrine of Stare Decisis A court must follow a previous decision of a higher court in the jurisdiction when the decision involves issues and facts similar to those involved in the previous decision. Philippine Civil Law Tradition with a touch of Common Law Phil. Adheres to the civil law tradition common law may apply as provided in Art.8 of the New Civil Code. Strictly, common law is composed of the law created by the courts in two situations: 1. When there is no law governing a topic, 2. Through interpretation of enacted law where the meaning or application of enacted law is unclear. Private and Public Law Private law o Governs the relationships among individual citizens. Matters located within private sphere are matters for individuals to regulate without the interference of the State. Public Law o Governs relationship between the state and the people.

Civil Law and Criminal Law Civil Law A form of private law and governs the relationships between individual citizens. Criminal Law An aspect of public law and relates to conduct which the State considers with disapproval and which seeks to control and/or eradicate. Substantive and Procedural Laws Substantive o The law that creates and resolves the issue between the parties. o Legal standards that guide conduct and that are applied to determine whether or not conduct was legally appropriate. o Creates, defines, and regulates, as opposed to adjective, procedural or remedial law, which provides a method of enforcing rights. Procedural Law o Used to guide parties fairly and efficiently through the legal system. o Prescribes a method for enforcing rights or of obtaining redress for the invasion of the rights. o Its goal: that judges will receive only evidence that will allow them to make fair and impartial decision. Types of Procedural Law: Rules of Civil Procedure Rules of Criminal Procedure Rules of Evidence

CHAPTER 5 BASIC REMEDIAL LAW PRINCIPLES Jurisdiction and Venue Jurisdiction Refers to the authority to hear and determine a case. A matter of substantive law Established a relation between the court and subject matter. Fixed by law and cannot be conferred by the parties.

Venue Refers to the place or the court where the case is to be tried and heard. A matter of procedural law Established a relation between the plaintiff and the defendant or petitioner and respondent. May be conferred by the act or agreement of the parties.

of damages being prayed for not only in the body of the pleading but also in the prayer and said damages shall be considered in the assessment of the filing fees in any case. (Manchester Development Corporation v. CA) Tacay case: amount of damages will determine two things: 1) the jurisdiction of the court, 2) amount of docket fees to be paid.

Respect to the Hierarchy of Courts The Supreme Court is not a tester of facts. They exercise primary jurisdiction over questions of constitutionality and legal questions of public interest. Hearing cases not of their primary jurisdiction would result in the delay of adjudication of other matters; it can also be a burden upon the precious time of the Supreme Court.

How Jurisdiction is Acquired

Actions
Over plaintiff or petitioner: By the filing of the complaint or petition or initiatory pleading before the court by the plaintiff or petitioner. Over defendant or respondent: Voluntary appearance by the defendant or respondent to the court or by service of summons. Over Subject Matter: Conferred by law. Over the res or thing: By actual or constructive seizure. Definition An ordinary suit in a court of justice, by which one party prosecutes another for the enforcement or protection of a right, or the prosecution or redress of a wrong. Classification of Actions: 1: Real actions o Actions brought for the protection of real rights, specific recovery of lands, tenements, or one founded on privity of estate only. Personal Actions o Brought for specific recovery of goods and chattels; or for damages or other redress for breach of contract, or other injuries of whatever description, except those under real actions. Personal actions arise either upon contracts or for wrongs independently contracts.

Payment of Docket Fee is Jurisdictional Payment of prescribed docket fee is jurisdictional, it must be paid before the court could acquire jurisdiction. Filing fees are intended to take care of court expenses in the handling of cases in terms of cost of supplies, use of equipment, salaries and fringe benefits of personnel, etc. (Pilipinas Shell Petroleum Corp. v. CA) All complaints, petitions, anwers, and other similar pleadings should specify the amount

Mixed actions o Appertain in some degree to both former classes, brought for the specific recovery of lands, tenements, and for damages for injury sustained in respect of such property. Every mixed action is also a real action. It is also brought for protection or recovery of real property and for an award for damages sustained. In Rem action o Directed against the thing itself. Binding upon the whole world. i.e. land registration. In Personam action o Directed to a particular person on the basis of his liability to establish a claim against him. Binding upon the person.i.e. breach of contract. Quasi In Rem action o directed to a particular person but the purpose is to bar or bid not only said person but any other person who claims interest in the property or right subject of the suit. i.e. action for judicial foreclosure of mortgage. Transitory action o The venue of which depends generally upon the residence of the parties, regardless of where the cause of action arose. i.e.personal action. Local action o Required by the Rules of Court to be instituted in a particular place in the absence of an agreement to the contrary. i.e. real action. Civil Action o An action by which a party sues another for the enforcement or

protection of a right or the prevention, or redress of a wrong. Criminal action o One by which the State prosecutes a person for an act or omission punishable by law. Special proceeding o a remedy by which a party seeks to establish a status, a right, or a particular fact.

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Commencement of Action a civil action is commenced by the filing of original complaint in court. Causes of Action cause of action is the act or omission by which a party violates a right of another. A party may not institute more than one suit for a single cause of action. A cause of action is the fact or combination of facts which affords a party a right to judicial interference in his behalf. Must always consist of two elements: o The plaintiffs primary right and the defendants corresponding primary duty, whatever may be the subject to which they relate (persons, property or contact) o The delict or wrongful act or omission of the defendant by which the primary right and duty have been violated. The cause of action is determined not by the prayer of the complaint but by the facts alleged. Right of Action The right to commence and maintain an action. Right of action- remedial right belonging to some persons. Cause of action- formal statement of the operative facts that give rise to such remedial right.

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Right of action springs from cause of action. There can be no right of action until there has been a wrong, a violation of a legal right.

Parties to Civil Actions Who may be Parties (plaintiff and defendant) Only natural or juridical persons, entities authorized by law. Plaintiff may refer to the claiming party Defendant may refer to the defending party. Classification of Parties Real Party in Interest o The party stands to be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit. Indispensible party o A person without whom no final determination can be had of an action. Proper party o One who is no indispensible but who ought to be joined as a party if complete relief is to be accorded as to those already parties or for a complete determination or settlement of the claim of the subject of the action. Pro Forma party o A husband or wife who is required to be joined in suits by or against his spouse. Quasi parties o Those whose in behalf a class or representative suit is brought. Representatives as Parties o A representative may be a trustee of an express trust, a guardian, an executor or administrator, or a party authorized by law or of these rules.

Indigent party o One who has no money or property sufficient and available for food, shelter and basic necessities for himself and his family. o Exempted from payment of docket fees and other fees.

Class Suit When the subject matter of controversy is one of common or general interest to many persons so numerous that it is impracticable to join all as parties. Venue of Actions Venue for real actions o Proper court which has jurisdiction over the area wherein the property involved is located. Venue of personal actions o Where the plaintiff or defendant resides at the election of the plaintiff. Venue of actions against non-residents o If the defendant does not resides and is not found in the Philippines and the action affects the personal status of the plaintiff or any property of the defendant in the Philippines the action may be commenced and tried in the court of the place where the plaintiff resides or where the property is situated.