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cannot be contrary to the provisions of the

CHAPTER 1 constitution – legal basis: ART. 7 OF THE NEW


CIVIL CODE: laws are repealed only by
subsequent ones and their violation or non-
Constitution: a written instrument enacted by observance shall not be executed by disuse or
the direct action of the people by which the custom or practice to the contrary. When the
fundamental powers of the government are courts declare a law to be inconsistent with the
established, limited and defined and by which constitution, the former shall be void and the
those powers are distributed among the several latter shall govern.
departments of government for their useful and
safe exercise for the benefit of the body politic *administrative or executive acts, order and
regulations shall be valid only when they are not
*It is the basic and paramount law to which all contrary to the laws or the constitution
laws, rules and regulations must conform and to
which all person must defer. *statutes will be unconstitutional if it is in
conflict with the constitution
The Philippine constitution:
JUDICIAL POWER: once the bills pass the
-establishes and defines the powers of congress and are signed into law, the last
the three branches recourse is to seek judicial review once the
condition is ripe for judicial determination;
-establishes the broad powers of the
settle actual controversies involving rights;
federal and state government and
determine whether there is grave abuse of
defines their relation
discretion amounting to lack or excess
-defines the rights of the citizens jurisdiction

There are four Philippine Constitution: EFFECTS OF DECLARATION OF


UNCONSTITUTIONALITY:
- Malolos, 1935, 1973 and 1987; wherein
the 1943 was declared null and void Orthodox view: an unconstitutional law is not a
while 1986 was just provisional law; it has no effect like there was no law passed

*nothing can override the constitution because it Modern view: the court simply refuses to
is the ultimate expression of the will of the recognize and determine the rights of the parties
people, from who all sovereignty emanates so in
ELEMENTS OF A STATE:
case of conflict, the constitution must prevail
-people
Hierarchy of laws:
-government
Constitution – supreme law of the land -territory
-sovereignty
Statutes – created by congress which is derived *Republic of the Philippines is a democratic and
from the constitution republican state because sovereignty resides in
the people
Implementing Rules and Regulations –
written by the agencies of the Executive branch -democracy: essence of it is individual
to put statute in force sovereignty
-republican: representative government
*Doctrine of Hierarchy of laws: the IRR who runs to serve the people
cannot supersede or negate a law passed by the *NATIONAL SOVEREIGNTY: individual
congress, in the same way where the statutes sovereignty collectively
*PHILIPPINE NATIONAL TERRITORY: it instruments shall be governed by laws of
comprises the Philippine archipelago with all the the country in which they are executed
islands and waters embraced therein and all
other territories over which the Philippines has FUNDAMENTAL POWERS OF THE
sovereignty or jurisdiction; the laws only apply STATE:
within the territory
-Police powers- regulate liberty and
POLITICAL LAW IN THE PHILIPPINE property for the promotion of general
NATIONAL TERRITORY: applicable to the welfare
Philippine national territory as well as the
-Eminent domain- acquiring private
embassies of the Philippines as its extension
property in exchange of just
CRIMINAL LAW IN THE PHILIPPIN compensation
NATIONAL TERRITORY: penal or criminal
-Taxation – demanding proportionate
laws are applicable extending up to its
share for the maintenance of the
boundaries:
government
ART. 2: except as provided in the
DOCTRINE OF SEPARATION OF
treaties and laws of preferential
POWERS: prevent a concentration of authority
application, the provisions of this code
in just one group of persons that might lead to
shall be enforced not only within the
an irreversible error or abuse in its exercise.
Philippine archipelago but also outside
Each branch exercises powers exclusive to it
its jurisdiction against those who
without due influence from the other two
-should commit an offense while on a branches; the functions of each department
Philippine ship or airship should be kept apart to prevent centralization of
too much power.
-should forge or counterfeit any coin or
currency note of the Philippine island or LEGISLATIVE DEPARTMENT – POWER
obligations and contracts OF THE PURSE

……………………….. -power to make laws, as well as repeal, amend or


alter laws
APPLICATION OF CIVIL LAW:
-other powers: power of appropriation, taxation
-Family laws under Art. 15 of the new and expropriation, power to canvass the
civil code presidential election, to declare existence of war,
to impeach
-LEX REI SITAE: legal doctrine of
property law and of international private EXECUTIVE DEPARTMENT – POWER OF
law; latin for where the property is THE SWORD (implements the laws)
situated where it governs over the
transfer of title to property; under ART. -president is the chief executive where they have
16 – real property, as well as personal the power to appoint, remove, control, military,
property is subject to the law of the diplomatic, informing…
country where it is situated
JUDICIARY DEPARTMENT- BASTION OF
-LEX LOCI CELEBRATIONIS: “law RIGHTS AND LIBERTIES OF THE PEOPLE
of the place where the solemnity is (interprets and applies the law)
celebrated”; the forms and solemnities
-JURISPRUDENCE: Supreme Court’s
of contracts, wills and other public
decision is the source of the case law; it refers to
the philosophy of law or science which treats of Tydings-McDuffie Act: Philippines became a
the principles of positive law and legal relations. self-governing commonwealth where Manuel
It also refers to the aggregate of decisions issued Quezon was elected as president
by the Supreme Court which now form part of
the legal doctrines of the land Corregidor fell and surrendered to the Japanese
for their control
HISTORY OF THE PHILIPPINES:
General Douglas MacArthur came and regained
PRE-SPANISH: the Philippines from the Japanese til they
surrendered
First people are the negritos who have come
their way through land bridges July 4, 1946 – independence according to the
Tydings-McDuffie Act but was changed to June
Malay through land bridges as well then in boats 12 to commemorate the independence
called barangays and were ruled by datus Aguinaldo declared from Spain
(dominant til the Spanish came)
POST INDEPENDENCE
Chinese merchants
Huk Rebellion complicated the recovery of the
Arabs who introduced islam Philippines after the war with the Japanese but
surpressed when Ramon Magsaysay became
SPANISH:
president and led it
Ferdinand Magellan claimed the Philippines in
Carlos P. Garcia and Diosdado Macapagal
1521
sought to expand Philippine ties with Asian
Era of conversion to Roman Catholicism and a neighbours
Spanish colonial social system was developed
President Marcos declared martial law in 1972
There were numerous uprisings
Martial law ended on Jan. 17, 1981
Aguinaldo led the battle against the Spanish and
The assassination of Benigno Aquino led to a
declared independence on June 12, 1898
snap presidential election which led to his forced
AMERICAN PERIOD flee from the Philippines for a peaceful civilian-
military uprising that ousted him and put
George Dewey defeat the Spanish fleet in Manila Corazon Aquino as the next president (Feb. 25,
Bay 1986)

Treaty of Paris: Spain ceded the islands to the Corazon Aquino: weak and fractious; there were
US several coup attempts that made it hard for
stability and economic development
President Aguinaldo led a war of resistance
against the Americans – Philippine-American Fidel Ramos: National Reconciliation became
War his highest priority; legalized the communist
party; created National Unification Commission;
First legislative assembly was elected and a Peace agreement with MNLF
bicameral legislature, under Philippine Control,
was established Joseph Ejercito Estrada: promised to alleviate
poverty but was impeached and put Gloria
Catholic Church was disestablished Macapagal Arroyo as the next president and won
another term against Fernando Poe Jr.
EXECUTIVE BRANCH OF THE
GOVERNMENT

-headed by the president who is the head of state


and the government, who is also the
commander-in-chief of the Armed Forces of the
Philippines

President: term of 6 years, may no longer run for


re-election unless he/she becomes president
through constitutional succession and has
served for no more than 4 years as president

Vice-President: will succeed the president if he


resigns, be impeached or die in the office;
member of the President’s cabinet, if there is a
vacancy for the position of VP, the president will
appoint any member of the Congress through
the validity of ¾ vote of the congress separately
PHILIPPINE COMMISSION: colonial
CHAPTER 2

legislative system composed of all
American appointees
• SCHURMAN COMMISSION
EVOLUTION OF THE PHILIPPINE (aka First Philippine
LEGISLATIVE SYSTEM Commission)
Under the Spanish rule, the legislative powers Established by the US pres. William Mckinley
were shared by three entities:
A five-person group headed by Dr. Jacob
-Governor General: promulgate Schurman to investigate the conditions in the
executive decrees; chief legislator; islands and make recommendations. In their
president report, they acknowledged the filipino’s
aspiration for independence but they think the
-Royal Audencia: passed laws in the
Philippines is still not ready for it which made a
form of Autos Accordados; Spanish
recommendation to establish a civilian
supreme court
government, establish a bicameral legislature,
-Crown of Spain autonomous government and free public
elementary schools
No Filipino representatives in the legislative
bodies • TAFT COMMISSION (aka
second Philippine commission)
LEGISLATIVE PERIODS
Once again, established by the US president,
• MALOLOS CONGRESS (aka Assembly William Mckinley
of Representatives)
Headed by William Howard Taft
Began with a unicameral Malolos congress
Issued 499 laws, established a judicial system
Drew the first constitution for the first including the SC; civil service was organized
Philippine republic – first republican
constitution Municipal boards were responsible for the
collection of taxes, maintaining municipal
Document states: people have exclusive properties and undertaking necessary
sovereignty. States basic civil rights, separated construction projects
the church from the state and called for the
creation of an Assembly of Representatives; also Philippine constabulary- an archipelago-wide
calls for a Presidential form of government with police force to control brigandage and deal with
a term of 4 years the remnants of the insurgent movemen

Malolos Constitution: first important document Philippine Organic Act- with the achievement of
enacted by the Malolos Congress with 101 peace, a legislature would be established
articles and 7 titles; created a Filipino state with composed of a lower house (Philippine
three branches of the government – E,L,J; Assembly) and an upper house (Philippine
provides safeguards against abuses and Commission)
enumerated the national and individual rights
• PHILIPPINE ASSEMBLY
Pedro Paterno was the president of the Assembly
of Representatives Composed of predominantly Filipinos

Two dominant political groups – Partido


Nacionalista and Partido Nacional Progresista
who vied for the position in the assembly which the Presidential decrees enacted
the Nacionalista Party got 80 seats in the had the effect of a statute; he
assembly. However, there was a conflict in the formed the Batansang Bayan
legislative body since in the Assembly, there • BATASANG PAMBANSA
were Filipinos and in the Commission, there o Replaced the Batasang Bayan
were Americans who served as the advisory body
to the President who had the
Jones Law: ended the conflict wherein the legislative power
legislative powers were vested in a bicameral o Interim Batasang Pambansa or
legislature composed exclusively of Filipinos the First Batasan was the
legislature of the Republic of the
Eventually, they abolished the Philippine
Philippines then where the laws
Commission and inaugurated the Philippine
passed by it are called Batas
Legislature consisting of the Senate and the
Pambansa – 702 laws
House of Representatives
o Regular Batasang Pambansa or
• PHILIPPINE LEGISLATURE the second Batasan was the
meeting of the parliament of the
There were 10 of them and the laws enacted by Philippines – 181 lawa
them are called Acts
*when martial law was declared, the
It was a unicameral then later became bicameral Constitutional Convention, was in the process of
drafting a new Constitution which Marcos
• NATIONAL ASSEMBLY proclaimed despite the protests and controversy.
• First National Assembly and With the proclamation of a new Constitution,
Second National Assembly – the the presidential form of government was
laws enacted by them are called changed to a modified parliamentary form.
Commonwealth Acts Congress was abolished and was replaced by an
• COMMONWEALTH CONGRESS elected unicameral national assembly known as
o Two commonwealth congress – the Batasang Pambansa with a maximum of 200
first congress was aka Third members who had a term of 6 years and were
National Assembly and the elected from different provinces.
second was known as the First
Congress of the Philippines • PROVISIONAL REPUBLIC
o The laws enacted by them are o Batasang Pambansa was
called Commonwealth Acts dissolved when Corazon Aquino
• CONRESS OF THE PHILIPPINES became president who exercised
o On July 4, 1946, the US legislative power.
government granted Philippine o Executive orders and
independence and the congress presidential proclamations were
of the Philippines was issued and had the effect of
established where it functioned statutes
as the national legislature until INTERREGNUM
Pres. Marcos placed the country PERIOD
in martial law • CONGRESS OF THE PHILIPPINES
o Laws enacted in this period are o The 1987 constitution restored
called Republic Acts the presidential system of the
• MARTIAL LAW PERIOD government together with the
o Marcos exercised full legislative bicameral congress
and executive powers wherein
o Consists of the Senate (24 Civil or commercial laws enacted by the
senators; half of them are legislative bodies remained to be effected until
elected every 3 years) and the repealed by subsequent ones
House of Representatives
(maximum of 250 congressional POLITICAL LAWS ARE ABROGATED BY
representatives where there are CHANGE OF SOVEREIGNTY
two types: district and sectoral)
Political law: branch of public law which deals
(DISTRICT: represent a
with the organization and operation of the
particular geographical district
governmental organs of the state and defines the
of the country while SECTORAL
relations of the state with the inhabitants of its
represent the minority sectors of
territory
the population or party list
representatives who represent HOW A BILL BECOMES A LAW
labor unions, rights groups and
other orgs.) 1) Preparation of the bill- bill drafting
o Laws enacted were Republic division of the reference and research
Acts bureau prepares and drafts the bill upon
the member’s request; it must have one
subject matter expressed in the title
2) First reading- filed with the bills and
STATUTES ENACTED BY THE LEGISLATIVE
index service; Secretary General read
BODIES: (summary)
the title and the number of the bill
• Acts: statutes enacted by the Philippine 3) Committee consideration/action-
Commission and the Philippine evaluates it to determine the necessity of
Legislature conducting public hearings; if there is a
o Act # 3815 – Revised Penal need for a public hearing, it schedules
Code the time, issues public notices and
• Commonwealth Acts: statutes enacted invites resource persons from public and
by the National Assemblies and the private sectors; if no public hearing is
Commonwealth Congresses necessary, it schedules the bill for a
o CA # 1- National Defense Act committee discussion
4) Second reading- debate and amendment
• Republic Acts: statutes enacted by the
*a bill must undergo three readings on
congresses of the Philippines
three separate days unless the president
o RA # 386 – Civil Code of the
certifies a bill as urgent
Philippines
5) Third reading- nominal voting; no more
• Batas Pambansa: statutes enacted by the
amendment
Interim and Regular Batansang
6) Transmittal of the approved bill to the
Pambansa
senate
o BP blg. 22 – Anti-Bouncing
7) Senate action on approved bill of the
check law
house
• Presidential Decrees: enacted by Marcos
8) Conference committee – settle, reconcile
and Corazon
or thresh out differences or
o PD 442 – Labor code of the
disagreement on any provision of the
Philippines
bill
• Executive Orders: issued by Corazon 9) Transmittal of the bill to the president
Aquino 10) Presidential action on the bill
11) Action on approved bill
LAWS ARE REPEALED ONLY BY
12) Action on vetoed bill
SUBSEQUENT ONES
Council; only natural-born citizen of the
Chapter 3 Philippines may hold a position on the Supreme
Court or any lower court, they may hold office
until the age of 70
BRIEF HISTORY OF THE SUPREME
COURT COURT: an organ of the government whose
function is the application of laws to
Preceded by the Royal Audencia that had two controversies brought before it and the public
branches – civil and criminal administration of justice

Although a Filipino was always appointed chief JUDICIARY FROM THE SUPREME COURT:
justice, the majority of the members of the
Supreme Court were Americans. Complete Supreme court is a part of the Judiciary wherein
Filipinization was achieved only with the they are composed of different courts in
establishment of the commonwealth in 1935 different levels

The membership in the Supreme Court SUPREME COURT FROM THE DEPARTMENT
increased to 11 –a chief justice and ten associate OF JUSTICE
justices in 1935
Supreme Court heads the judicial branch of the
Under the 1973 constitution, the membership of government; it has supervisory power over all
the Supreme Court was increased to 15 trial courts, the CA, Sandiganbayan and the
Court of Tax Appeals
Under the 1987 Constitution, the constitution
vests the judicial power in one Supreme Court Department of Justice is a department of the
and in such lower courts as may be established executive branch; has supervisory power over all
by law prosecutors and public defenders, the National
Bureau of Investigation, Bureau of Immigration,
Board of Pardons and Parole and Bureau of
Corrections
OVERVIEW OF THE PHILIPPINE
JUDICIAL SYSTEM BAR FROM BENCH

The Filipino national court system consists of Bench: denote the body of judges taken
four levels: Local and regional trial courts; Court collectively
of Appeals; Supreme Court; an informal local
system for arbitrating or mediating certain Bar: refers to the aggregate lawyers whose
disputes outside the formal court system names are included in the Roll of Attorneys of
the Supreme Court
Sandiganbayan: Government anticorruption
court system; hears criminal cases brought JUDGES AND JUSTICES
against senior officials.
Judges: presiding officers of the lower trial
A Shari’a: Islamic law court system, with courts (Municipal and City courts, RTC and the
jurisdiction over domestic and contractual Shari’a Courts)
relations among Muslim Citizen, operates in
some Mindanao provinces. Justices: judicial officers of the appellate court
levels (CA, Sandiganbayan, Court of Tax Appeals
Supreme Court is comprised of a Chief Justice and the SC)
and 14 Associate Justices; their members are
selected by the president from a list of nominees NO TRIAL BY JURY IN THE PHILIPPINES
submitted by Philippine Judicial and Bar
In the Philippines follows the civil systems SHARI’A COURTS:
where there is no jury trial unlike in the common
law countries like the US and UK In some provinces in Mindanao where the
Muslim Code on Personal Laws is enforced
LEVELS OF THE COURTS IN THE
PHILIPPINES (Hierarchy of Courts) COURT OF TAX APPEALS

SUPREME COURT Has the exclusive appellate jurisdiction to review


by appeal the decisions of the Commissioner of
Internal Revenue and the Commissioner of
Customs
SANDIGAN Court of Court of Tax COA/
BAYAN Appeals Appeals COMELEC It acquired both the original and appellate
jurisdictions over civil and criminal tax cases
involving the National Internal Revenue Code,
RTC QUASI JUDICIAL Tariff and Customs Code and the Local
BODIES Government Assessment Code

SANDIGANBAYAN
MTC
Exclusive jurisdiction over violations of the Anti-
Graft and Corrupt Practices Act and other
MUNICIPAL AND CITY COURTS offenses or felonies committed by public officials
and employees in relation to their office; cases
Municipal Trial Courts: court covers one where the penalty is more than 6 years of
municipality imprisonment or a fine of 6,000

Municipal Circuit Trial Courts: court covers two Appellate jurisdiction over the decisions of the
or more municipalities MTCs and the RTCs in cases of the same nature
where the penalty prescribed by law is 6 years or
Metropolitan Trial Courts: municipal courts in
less of imprisonment and a fine of less than
Metro Manila
6,000
Municipal Trial Court in Cities: courts in cities
COURT OF APPEALS
outside Metro Manila
Cases by appeal from the RTC, quasi judicial
REGIONAL TRIAL COURT (formerly known
agencies, board or commissions
as the Court of First Instance)
SUPREME COURT
In 13 regions of the Philippines, there are many
RTC in them with a total of 720 RTCs Highest court of the land

They decide on cases coming from the MTC, TIME FRAME FOR THE COURT TO DECIDE
MCTC, MTCC and MetroTC by appeal CASES

They exercise exclusive jurisdiction in all Supreme Court: within 24 months from the date
criminal cases not within the exclusive and of submission
original jurisdiction of any court, tribunal or
body All lower collegiate courts: within 12 months

In civil cases, as long as the subject of the All other lower courts: within 3 months
litigation is incapable of pecuniary estimation
JURISDICTION: power and authority of the *Supreme court has three divisions who also
court to hear, try and decide a case to determine have the same authority as the En Banc. By
a cause or right to act in a case usually given to a sitting in divisions, the Supreme Court further
judge to take cognizance of and decide cases increases its capacity to dispose of cases pending
according to law and to carry his sentence into before it
execution
FORUM SHOPPING: Direct filing with the court
TERRITORIAL JURISDICTION: power of a en banc while appeal is already filed with a
judge in relation to his territory where it division
comprises the tract of land or district
*Second appeal is allowed under the rules of
ACQUISITION OF JURISDICTION procedures. Neither is a petition for certiorari
available as a remedy under the rules for
• over the petitioner or plaintiff: filing of assailing the decision of the court itself.
the complaint, petition or initiatory
pleading before the court SUPREME COURT RESOLUTION: a
• over the defendant: voluntary decision or resolution of a Division of the Court,
appearance by him when concurred in by a majority of its members
• over the subject matter: conferred by who actually took part in the deliberations on
law these issues in a case and voted thereon, and in
• over the res (thing): actual or no case without the concurrence of atleast 3
constructive seizure members

CLASSIFICATION OF JURISDICTION SUPREME COURT MINUTE


RESOLUTION: a minute resolution of
• General: refers to the power to dismissal of a petition for review on certiorari
adjudicate ALL controversies constitutes adjudication on the merits of the
• Limited: refers to the restricted power to controversy or subject matter of the position
adjudicate particular case and subject to
PRELIMINARY INVESTIGATION: is vested
such limits as may be provided by law
on the Municipal Trial Courts and Municipal
• Original: given to courts to take
Circuit Trial Court on crimes alleged to have
cognizance of cases which may be
been committed within their respective
instituted in those courts in the first
territorial jurisdiction
instance
• Appellate: jurisdiction which a superior
court has to bear appeals of causes
which have been tried in inferior courts
• Exclusive: which has alone the power to
try or determine the suit, action or
matter in dispute
• Concurrent: which may be entertained
by several courts
• Civil: subject matter is not of a criminal
nature
• Criminal: the court is to punish the
crime

EN BANC: “in the bench” or “full bench”; it


refers to a session where the entire membership
of court will participate in the decision
Facilitate orderly change
CHAPTER 4

• Facilitate planning
• Provide a basis for compromise
• Maximize individual freedom
LAW: body of rules of action or conduct
prescribed by a controlling authority and have PHILOSOPHY OF LAW
binding legal force that which must be obeyed
and followed by citizen subject to sanctions or CLASSICAL NATURAL LAW THEORY
legal consequences of law; ACCORDING TO ST. THOMAS AQUINAS –
FOUR TYPES OF LAW FOR AQUINAS
:mosaic of the Philippine Constitution,
statutes, treaties, Supreme Court decisions, • Eternal Law: laws of the universe – the
administrative agency regulations, executive whole community of the universe is
orders and local ordinances governed by divine reason
• Divine Law: the revealed word of God
THREE CATEGORIES OF THE MOSAIC OF
• Natural Law: people know by reason
LAW:
• Human Law: created by us for the
• Statutory or Enacted Law: purpose of carrying out natural law
o Includes Philippine constitution
AQUINAS’ PHILOSOPHY OF LAW: law is
and statures
nothing else than an ordinance of reason,
o Usually enacted by the
promulgated by one who has the care of the
legislative branch
community (with the power to coerce to obey it)
• Case Law
o Includes decisions of the • Ordinance of reason: law must have a
Supreme court, the courts and goal
the judicial bodies • For the Common Good: this is the goal
o Result of the Common Law of law
System
• Promulgated: the law must be made
o Most of the time referred to as known to them
Jurisprudence or Judge Made
• Power to coerce to others: in order to
Laws
prove an efficacious inducement to
• Administrative Law
revenue
o Includes executive order issued
by the president THEORIES OF LAW
o Regulations issued by
governmental regulatory • Classical Natural Law Theory
agencies • Internal Morality of Law
• Classical Legal Positivism
PURPOSE OF THE LAW: establish standards
that allow individuals to interact with the SOURCES OF PHILIPPINE LAWS
greatest efficiency and the least amount
of conflict • Legislative Department – Sources
of Statutes
FUNCTIONS OF LAW: o Statutes: declare rights and
duties or command or prohibit
• Keep the peace certain conduct
• Shape moral standards • Judiciary Department – Source of
• Promote social justice Case or Common Laws, Jurisprudence
• Maintain the status quo or Judge Made Laws
o Case or Common Law- refers to HIERARCHY OF LAWS
the creation and refinement of
law in the course of judicial 1987 CONSTITUTION
decisions
-often referred to as
Jurisprudence STATUTE
-Common Law: laws created
by courts in the absence of
enacted law
-Case Law: includes not only IMPLEMENTING RULES AND REGULATIONS
the law created by courts in the
absence of enacted aw but also
the law created when the COURT DECISIONS
courts interpret or apply
enacted
• Executive Department – Source of
Rules and Regulations or Administrative DOCTRINE OF HIERARCHY OF LAWS: it
Laws cannot supersede the higher law
o Implementing rules and
CIVIL SYSTEM OR TRADITION: a legal
regulations: these are issued
system that has drawn its inspiration largely
through subordinate legislation
from the Roman Law heritage and which, by
when the legislative branch
giving precedence to written law, has resolutely
delegates legislative power to
opted for a systematic codification of its general
the executive department
law
o Ordinances: laws of local
government bodies wherein the *Jus civile: civil law
Executive Department also
allows them to create their own Jus Gentium: law thought to be common to all
laws the people

POWERS OF SUBORDINATE LEGISLATION TWO COMMON LAW DOCTRINES: for the


OF THE EXECUTIVE: this enabling legislation consistency and stability to the common/case
usually includes a grant of authority to create law
rules and regulations necessary to carry out the
law • Precedent: an earlier court decision on
an issue that applies to govern or guide a
ADMINISTRATIVE LAWS: body of law; it is subsequent court in determination of
composed of the rules, regulations, orders and identical or similar issues based upon
decisions promulgated by the administrative identical or similar facts
agencies where carrying out their duties; it deals • Doctrine of Stare Decisis: a court
with the details of implementing the law must follow a previous decision of a
higher court in the jurisdiction when the
EXECUTIVE BRANCH AS A SOURCE OF LAW
decision involves issues and facts similar
THROUGH:
to those involved in the previous
• Treaties with the consent of the Senate decision
• Executive orders to regulate and direct CIVIL LAW AND COMMON LAW:
national agencies and officials
• Implementing rules and regulations Civil: every law of the country codified or
• Municipal ordinances written into law
-Separated into two parts: motifs *Compensatory damages: the award of money
(reasons) and dispositive (order) should be sufficient to compensate the injured
party for the reasonable cost of the injuries
-civil judges are trained in special
schools *injunctive relief: the guilty party may be
ordered to act or refrain from acting in a certain
Common: referred to as unwritten law way
:common law judges are appointed from *Recovery of punitive damages: additional
amongst the practicing lawyers monies that the defendant is ordered to pay as a
form of punishment. The reasoning behind
RELATIONSHIP BETWEEN THE STATUTORY
punitive damages is that some actions are so
LAW AND CASE LAW
grossly improper that the defendant should be
Statute Law: law that has been created by punished in a way that will serve as an example
congress in the form of legislation to others who might contemplate the same
wrongful conduct
Case Law: refers to the creation and
refinement of law in the course of judicial SUBSTANTIVE VERSUS PROCEDURAL LAW
decisions
Without procedural law, substantive law could
PRIVATE AND PUBLIC LAW never be created but without substantive law,
there would be no need for procedural law
Private Law: governs the relationships among
individual citizens wherein the matter can only Procedural law: lays down the rules to
be regulated by themselves enforce the rights and duties of the people

Public Law: governs the relationship between Substantive law: defines the rights and duties
the state and the people of the people; creates and resolves the issue
between parties
CIVIL LAW AND CRIMINAL LAW

Civil Law: a form of private law and governs


the relationships between individual citizen

: governs the issues that arise between


parties over private rights

:procedural law takes effect when


citizens bring a dispute to the legal
system

Criminal Law: an aspect of public law and


relates to conduct which the state considers with
disapproval and which it seeks to control

: this is where a suit is brought by the


government for violation or injury to
public rights

:the law enforcement agencies and


prosecutors who are part of the legal
system initiate a claim against a citizen
: over the subject matter is conferred by
CHAPTER 5 law

: over the res (thing) is acquired by


BASIC REMEDIAL LAW PRINCIPLES actual or constructive seizure

Jurisdiction- is the power and authority of a PAYMENT OF DOCKET FEE IS


court to hear, try and decide a case/ determine a JURISDICTIONAL
cause or the right to act in a case.
Civil cases filed before the court, proper docket
- Is a power constitutionally conferred fee have to be paid before the court will attain
upon a judge or magistrate, to take cognizance of jurisdiction.
and decide cause according to law and to carry
his sentence into execution. ACTIONS- an ordinary suit in a court of justice,
by which one party prosecutes another for the
Venue- is the place where the case is to be heard enforcement or protection of a right, or the
or tried. (In the criminal cases, the venue of the prosecution or redress of a wrong.
crime goes into the territorial jurisdiction of the
court) CLASSIFICATION OF ACTIONS

JURISDICTION IS DIFFERENT FROM VENUE REAL ACTIONS- those brought for the
protection of real rights, specific recovery of
JURISDICTION VENUE lands, tenements, or one founded on privity of
Refers to the place or estate only.
Refers to the authority
the court where the
to hear and determine
case is to be tries and PERSONAL ACTIONS- those brought for the
a case
heard protection of real rights, specific recovery of
A matter of A matter of procedural goods and chattels; damage, contracts, injuries.
substantive law law
Established a relation MIXED ACTIONS- brought for protection or
Established a relation between plaintiff and recovery of real property and also for an award
between the court and defendant, or
subject matter petitioner and for damages sustained.
respondent
Fixed by law and May be conferred by -
cannot be conferred by the act or agreement of
the parties the parties IN REM ACTION- directed against the thing
itself. (Land Registration)

HOW IS JURISDICTION IS ACQUIRED IN PERSONAM ACTION- directed a


particular person on the basis of his liability to
Jurisdiction of the court establish a claim against him. (Action for breach
of contract)
: over the plaintiff or petitioner is
acquired by the filing of the complaint, QUASI IN REM ACTION- directed a
petition, or initiatory pleading before particular person, but the purpose is to bar and
the court by the plaintiff or petitioner bid not only said person but any other person
(PERSONAL JURISDICTION) who claims any interest in the property or right
subject of the suit. (Judicial foreclosure of
: over the defendant or respondent is mortgage)
acquired by the voluntary appearance by
the defendant or respondent to the court -
or by service of summons
TRANSITORY ACTION- is one the venue of RIGHT OF ACTION- is the right to commence
which depends generally upon the residence of and maintain an action.
the parties, regardless of where the cause of
action arose. (Personal action) -In the law on pleading, right of action is
distinguished from cause of action in that the
LOCAL ACTION- one required by the Rules of former is remedial right belonging to some
Court to be instituted in a particular place in the persons, while the latter is a formal statement of
absence of an agreement to the contrary. (Real the operative facts that give rise to such remedial
action) right.

- -The former is a matter of right and depends on


the substantive law, while the latter is a matter
CIVIL ACTION- is one by which a party sues of statement and is governed by the law of
another for the enforcement of protection of a procedure.
right, or the prevention or redress of a wrong.
(may be ordinary or special) -The right of action springs from the cause of
action, but does not accrue until all the facts
CRIMINAL ACTION- is one by which the which constitute the cause of action have
State prosecutes a person for an act or omission accured.
punishable by law.
PARTIES TO CIVIL ACTION
SPECIAL PROCEEDINGS- is a remedy by
which a party seeks to establish a status, a right, Who may be Parties; PLAINTIFF and
or a particular fact. DEFENDANT- only natural or juridical persons,
or entities authorized by law may be parties in a
COMMENCEMENT OF ACTION- is civil action.
commenced by the filing of the original
complaint in court. PLAINTIFF- claiming party

DEFENDANT- the original defending party,


the defendant in a counterclaim, the cross-
CAUSES OF ACTIONS defendant, or the third (etc) party defendant.
CAUSE OF ACTION- is the act or omission by CLASSIFICATION OF PARTIES
which a part violates a right of another.
REAL PARTY IN INTEREST-is the party
- Is the fact or combination of facts who stands to be benefited or injured by the
which affords a party a right to judicial judgment in the suit, or the party entitled to the
interference in his behalf. avails of the suit. (Unless, authorized by law or
- Consist of two elements: these Rules, every action must be prosecuted or
(1) the plaintiff’s primary right and defended in the name of the real party in
the defendant’s corresponding interest)
primary duty, whatever may be the
subject to which they relate (persons, INDISPENSIBLE PARTY- A person without
character, property or contract) whom no final determination can be had of an
(2) the delict or wrongful act or action
omission of the defendant, by which
the primary right and duty have been PROPER PARTY- A necessary party is one
violated. who is not indispensable but who ought to be
- determined not by the prayer of the joined as a party if complete relief is to be
complaint but by the facts alleged. accorded as to those already parties, or for a
complete determination of settlement of the defendants resides, or in the case of non-
claim subject of the action. resident defendant where he may be found, at
the election of the plaintiff.
PRO FORMA PARTY- A husband or wife who
is required to be joined in suits by or against his VENUE OF ACTIONS AGAINST NON-
spouse RESIDENTS- The action affects the personal
status of the plaintiff, or any property of said
QUASI-PARTIES- Those in whose behalf a defendant located in the Philippines, the action
class or representative suit is brought may be commenced and tried in the court of the
place where the plaintiff resides, or where the
REPRESENTATIVES AS PARTIES. Where
property or any portion thereof is situated or
the action is allowed to be prosecuted or
found.
defended by a representative or someone acting
in a fiduciary capacity, the beneficiary shall be CRIMINAL ACTION AND CRIMINAL LAW
included in the title of the case and shall be
deemed to be the real part in interest CRIMINAL ACTION- is one by which the
State prosecutes a person for an act or omission
INDIGENT PARTY- A party may be punishable by law
authorized to litigate his action, claim or defense
as an indigent if the court, upon an ex parte CRIMINAL LAW- the RPC is the most
application and hearing, is satisfied that the important but not only source of criminal laws
party is one who has no money or property (ACT 3815).
sufficient and available for food, shelter, and
basic necessities for himself and for his family. Book one: basic principles affecting criminal
(Exemption from payment of docket and other liability (ART 1-20), and the provisions on
lawful fees, and of transcripts of stenographic penalties (ART 21-113)
notes which the court may order to be furnished
Book two: defines the felonies with the
him.
corresponding penalties, and the felonies are
CLASS SUIT- when the subject matter of the classified and grouped under 14 titles.
controversy is one of common or general interest
Special laws: enacted by Congress which
to many persons so numerous that it is
penalize specific acts not included in the RPC.
impracticable to join all as parties, a number of
them which the court finds to be sufficiently CIVIL ACTIONS
numerous and representative as to fully protect
the interests of all concerned ay sue or defend ORDINARY CIVIL ACTION- is one by which
for the benefit of all. a part sues another for the enforcement or
protection of a right, or the prevention or
VENUE OF ACTIONS redress of a wrong.
VENUE OF REAL ACTIONS- actions SPECIAL CIVIL ACTION- is also governed by
affecting title to or possession of real property, the rules for ordinary civil actions, subject to the
or interest therein, shall be commenced and specific rules prescribed for a special civil action
tried in the proper court which has jurisdiction
over the area wherein the real property involved, CRIMINAL ACTION DISTINGUISHED FROM
or a portion thereof, is situated. CIVIL ACTION

VENUE OF PERSONAL ACTIONS- All other CRIMINAL ACTION CIVIL ACTION


actions may be commenced and tried where the Is one by which the Is one by which a party
plaintiff or nay of the principal plaintiffs resides, State prosecutes a sues another for the
or where the defendant or any of the principal person for an act or enforcement or
omission punishable protection of a right, pleading of the claimant would nevertheless
by law or the prevention or prevent or bar recovery by him.
redress of a wrong
Is commenced by a Is commenced by a SECTION 6. Counterclaim
complaint or complaint or petition
information filed by by a private person -Is any claim which a defending party may have
the fiscal against an opposing party.
Is brought in the name Is brought in the name
of the state with the of the real part in SECTION 7. Compulsory counterclaim
private complainant as interest
a mere witness for the -Is one which, being cognizable by the regular
state
courts of justice, arises out of or is connected
with the transaction or occurrence constituting
KINDS OF PLEADING (rule 6 of the 1997 Rules the subject matter of the opposing party’s claim
of Civil Procedure) and does not require for its adjudication the
presence of third parties of whom the court
SECTION 1. Pleadings defined cannot acquire jurisdiction.

PLEADINGS- are the written statements of the SECTION 8. Cross-claim


respective claims and defences of the parties
submitted to the court for appropriate judgment. Is any claim by one part against a co-party
arising out of the transaction or occurrence that
SECTION 2. Pleadings allowed is the subject matter either of the original action
or of a counterclaim therein. Such cross-claim
The claims of a party are asserted in a complaint, may include a claim that the party against whom
counterclaim, cross-claim, third (fourth etc) it is asserted is or may be liable to the cross-
party complaint, or complaint-in-intervention. claimant for all or part of a claim asserted in the
action against the cross-claimant.
The defences of a part are alleged in the answer
to the pleading asserting a claim against him SECTION 9. Counter-counterclaims and
counter-cross-claims
SECTION 3. Complaint
A counter claim may be asserted against an
-Is the pleading alleging the plaintiff cause or
original counter-claimant
causes of action. The names and residences of
the plaintiff and defendant must be stated in the A cross-claim may also be files against an
complaint. original cross-claimant

SECTION 4. Answer SECTION 10. Reply

-Is a pleading in which a defending party sets -Is a pleading, the office or function of which is
forth his defences to deny, or allege facts in denial or avoidance of
new matters alleged by way of defense in the
SECTION 5. Defences
answer and thereby join or make issue as to such
NEGATIVE DEFENSE- the specific denial of the new matters. If a party does not file such reply
material fact or facts alleged in the pleading of all the new matters alleged in the answer are
the claimant essential to his cause/s of action deemed controverted.

AFFIRMATIVE DEFENSE- is an allegation of a If the plaintiff wishes to interpose any claims


new matter which, while hypothetically arising out of the new matters so alleged, such
admitting the material allegations in the claims shall be set forth in an amended or
supplemental complaint.
SECTION 11. Third, (fourth, etc)- Party (d) Date
complaint.- A third (fourth, etc)
SECTION 3. Signature and address
-party complaint is a claim that a defending
party may, with leave of court, file against a Every pleading must be signed by the party or
person not a party of the action, called the third counsel representing hum, stating in either case
(fourth, etc.)- party defendant, for contribution, his address which should not be a post office
indemnity, subrogation or any other relief in box.
respect of his opponent’s claim.
The signature of counsel constitutes a certificate
SECTION 12. Bringing new parties. by him that he has read the pleading; that to the
best of his knowledge, information, and belied
When the presence of parties other than those to there is good ground to support it; and that it is
the original action is required for the granting of not interposed for delay.
complete relief in the determination of a
counterclaim or cross-claim, the court shall An unsigned pleading produces no legal effect.
order them to be brought in as defendants, if
SECTION 4. Verification
jurisdiction over then can be obtained.
A pleading is verified by an affidavit that the
SECTION 13. Answer to third (fourth,
affiant has read the pleading and that the
etc.)-party complain- A third (fourth,
allegations therein are true and correct of his
etc.)
knowledge and belief.
-Party defendant may allege in his answers his
A pleading required to be verified which
defences, counterclaims or cross-claims,
contains a based on “information and belief”, or
including such defences that the third (fourth,
upon “knowledge, information and belief,” or
etc.) –party plaintiff may have against the
lacks a proper verification shall be treated as an
original plaintiff’s claim.
unsigned pleading.
PARTS OF PLEADINGS (rule 7 of the 1997
SECTION 5. Certification against forum
Rules of Civil Procedure)
shopping
SECTION 1. Caption
The plaintiff or principal party shall certify
-sets forth the name of the court, the titles of the under oath in the complaint or other initiatory
action, and the docket number of assigned pleading asserting a claim for relief or in a sworn
certification annexed thereto and simultaneously
-The title of the action indicates the names of the filed therewith:
parties; their respective participation in the case
shall be indicated. (a) that he has not theretofore commenced
any action or filed any claim involving
SECTION 2. The body the same issues in any court, tribunal or
quasi-judicial agency and, to the best of
-the body of the pleadings sets forth its his knowledge, no such other action or
designation, the allegations of the party’s claims claim is pending therein;
or defences, the relief prayed for, and the date of (b) if there is such other pending action or
the pleading claim, a complete statement of the
present status thereof;
(a) Paragraphs
(c) if he should thereafter learn that the
(b) Headings same or similar action or claim has been
filed or is pending, he shall report that
(c) Relief fact within five (5) days therefrom to the
court wherein his aforesaid complaint or
initiatory pleading has been filed

Failure to comply with the foregoing


requirements shall not be curable
ADMISSION AND OATH OF SUCCESSFUL
CHAPTER 6 APPLICANTS

An applicant who has passed the required


CONSTITUTIONAL AND STATUTORY BASIS examination or has been otherwise found to be
OF LEGAL PRACTICE entitled to admission to the bar, shall take and
subscribe before the Supreme Court the
-The 1987 Constitution provides that practice of corresponding oath of office
all professions in the Philippines shall be limited
to Filipino citizens, save in cases prescribed by DEFINITION OF PRACTICE OF LEGAL
law. This includes the practice of legal profession PROFESSION
in the Philippines. Section 14 of Article XII of the
1987 Philippine Constitution. Case: Cayetano V. Monsod (201 SCRA 210)

-The admission to the bar is indisputably a Facts


judicial function by responsibility. Monsod (respondent) was nominated by
President Corazon C. Aquino to the position of
-The Constitution has given the Supreme Court Chairman of the COMELEC in a letter received by the
the authority to promulgate rules concerning the Secretariat of the Commission on Appointments.
admission to the practice of law in the Cayetano (petitioner) opposed the nomination
Philippines under Section 5, Article VIII. because allegedly Monsod does not possess the
required qualification of having been engaged in the
PRACTICE OF LEGAL PROFESSION IS A practice of law for at least ten years. The 1987
PRIVELEGE AND NOT A NATURAL RIGHT Constitution provides in Section 1 (1), Article IX-C:
“There shall be a Commission on Elections composed
-It is necessary as a matter of policy and in the of a Chairman and six Commissioners who shall be
interests of public safety and welfare to provide natural-born citizens of the Philippines and, at the
laws and provisions covering the granting of the time of their appointment, at least thirty-five years of
privilege and its subsequent use and control, and age, holders of a college degree, and must not have
been candidates for any elective position in the
to provide regulations to the end that the public
immediately preceding -elections. However, a
shall be promoted and that the public shall be
majority thereof, including the Chairman, shall be
properly protected against unprofessional, members of the Philippine Bar who have been
improper unauthorized and unqualified practice engaged in the practice of law for at least ten years.”
of the legal profession and from unprofessional Challenging the validity of the confirmation by the
conduct by persons licensed to practice law. Commission on Appointments of Monsod’s
nomination, petitioner filed a petition for Certiorari
REQUIREMENTS FOR ADMISSION TO THE and Prohibition praying that said confirmation and
BAR the consequent appointment of Monsod as Chairman
of the Commission on Elections be declared null and
-A citizen of the Philippines void because Monsod did not meet the requirement of
-At least twenty-one (21) years of age having practiced law for the last ten years.
-Of good moral character
Issue
-A resident of the Philippines
-Must produce before the Supreme Court Whether or not Monsod satisfies the requirement of
satisfactory evidence of good moral character the position of Chairman of the COMELEC.
-No charges against him involving moral
turpitude have been filed or are pending in any Held:
court in the Philippines.
The practice of law is not limited to the conduct of
(Additional: Section 9, Rule 138 of the Rules of cases in court. A person is also considered to be in the
Court) practice of law when he: “. . . for valuable
consideration engages in the business of advising
person, firms, associations or corporations as to their allowed by law.” The advertisements complained of by
rights under the law, or appears in a representative herein petitioner are as follows:
capacity as an advocate in proceedings pending or
prospective, before any court, commissioner, referee, Annex A
board, body, committee, or commission constituted
by law or authorized to settle controversies. Otherwise SECRET MARRIAGE?
stated, one who, in a representative capacity, engages P560.00 for a valid marriage.
in the business of advising clients as to their rights Info on DIVORCE. ABSENCE.
under the law, or while so engaged performs any act ANNULMENT. VISA.
or acts either in court or outside of court for that
THE Please call: 521-0767,
purpose, is engaged in the practice of law.”
LEGAL 5217232, 5222041
Atty. Christian Monsod is a member of the Philippine CLINIC, INC. 8:30 am-6:00 pm
Bar, having passed the bar examinations of 1960 with 7-Flr. Victoria Bldg. UN Ave., Mla.
a grade of 86.55%. He has been a dues paying member
Annex B
of the Integrated Bar of the Philippines since its
inception in 1972-73. He has also been paying his
GUAM DIVORCE
professional license fees as lawyer for more than ten
years. Atty. Monsod’s past work experiences as a DON PARKINSON
lawyer-economist, a lawyer-manager, a lawyer-
entrepreneur of industry, a lawyer-negotiator of an Attorney in Guam, is giving FREE BOOKS on
contracts, and a lawyer-legislator of both the rich and Guam Divorce through The Legal Clinic beginning
the poor — verily more than satisfy the constitutional Monday to Friday during office hours.
requirement — that he has been engaged in the
practice of law for at least ten years. Guam divorce. Annulment of Marriage. Immigration
Problems, Visa Ext. Quota/Non-quota Res. & Special
-The practice of law is not limited to the conduct of Retiree's Visa. Declaration of Absence. Remarriage to
cases in court Filipina Fiancees. Adoption. Investment in the Phil.
US/Foreign Visa for Filipina Spouse/Children. Call
-Practice of law means any activity, in or out of court, Marivic.
which requires the application of law, legal procedure,
knowledge, training and experience. “To engage in the THE 7 F Victoria Bldg. 429 UN Ave.
practice of law is to perform those acts which are LEGAL Ermita, Manila nr. US Embassy
characteristics of the profession. Generally, to practice CLINIC, INC. Tel. 521-7232521-7251
law is to give notice or render any kind of service, 522-2041; 521-0767
which device or service requires the use in any degree
of legal knowledge or skill” (111 ALR 23)

*In Cayetano v. Monsod, supra, the Supreme Court It is the submission of petitioner that the
applied the so-called “modern concept of the practice advertisements above reproduced are champertous,
of law” instead of the “traditional or stereotypical unethical, demeaning of the law profession, and
notion of law practice” in upholding the appointment destructive of the confidence of the community in the
of Monsod as the COMELEC Chairman integrity of the members of the bar and that, as a
member of the legal profession, he is ashamed and
Case: Ulep v. The Legal Clinic, Inc. (223 offended by the said advertisements, hence the reliefs
SCRA 378) sought in his petition as herein before quoted.

Facts In its answer to the petition, respondent admits the


fact of publication of said advertisements at its
Mauricio C. Ulep, petitioner, prays this Court "to instance, but claims that it is not engaged in the
order the respondent, The Legal Clinic, Inc., to cease practice of law but in the rendering of "legal support
and desist from issuing advertisements similar to or of services" through paralegals with the use of modern
the same tenor as that of Annexes `A' and `B' (of said computers and electronic machines. Respondent
petition) and to perpetually prohibit persons or further argues that assuming that the services
entities from making advertisements pertaining to the advertised are legal services, the act of advertising
exercise of the law profession other than those these services should be allowed supposedly in the
light of the case of John R. Bates and Van O'Steen vs. and advise him or her on the proper course of action
State Bar of Arizona, reportedly decided by the United to be taken as may be provided for by said law. That is
States Supreme Court on June 7, 1977. what its advertisements represent and for which
services it will consequently charge and be paid. That
Issue activity falls squarely within the jurisprudential
definition of "practice of law." Such a conclusion will
Whether or not the services offered by respondent, not be altered by the fact that respondent corporation
The Legal Clinic, Inc., as advertised by it constitutes does not represent clients in court since law practice,
practice of law and, in either case, whether the same as the weight of authority holds, is not limited merely
can properly be the subject of the advertisements to court appearances but extends to legal research,
herein complained of. giving legal advice, contract drafting, and so forth.

Held: That fact that the corporation employs paralegals to


carry out its services is not controlling. What is
Yes. The Supreme Court held that the services
important is that it is engaged in the practice of law by
offered by the respondent constitute practice of law.
virtue of the nature of the services it renders which
The definition of “practice of law” is laid down in the
thereby brings it within the ambit of the statutory
case of Cayetano vs. Monsod, as defined:
prohibitions against the advertisements which it has
caused to be published and are now assailed in this
Black defines "practice of law" as:
proceeding. The standards of the legal profession
"The rendition of services requiring the knowledge condemn the lawyer's advertisement of his talents. A
and the application of legal principles and technique lawyer cannot, without violating the ethics of his
to serve the interest of another with his consent. It is profession, advertise his talents or skills as in a
not limited to appearing in court, or advising and manner similar to a merchant advertising his goods.
assisting in the conduct of litigation, but embraces the The proscription against advertising of legal services
preparation of pleadings, and other papers incident to or solicitation of legal business rests on the
actions and special proceedings, conveyancing, the fundamental postulate that the practice of law is a
preparation of legal instruments of all kinds, and the profession. The canons of the profession tell us that
giving of all legal advice to clients. It embraces all the best advertising possible for a lawyer is a well-
advice to clients and all actions taken for them in merited reputation for professional capacity and
matters connected with the law." fidelity to trust, which must be earned as the outcome
of character and conduct. Good and efficient service to
The contention of respondent that it merely offers a client as well as to the community has a way of
legal support services can neither be seriously publicizing itself and catching public attention. That
considered nor sustained. Said proposition is belied publicity is a normal by-product of effective service
by respondent's own description of the services it has which is right and proper. A good and reputable
been offering. While some of the services being lawyer needs no artificial stimulus to generate it and
offered by respondent corporation merely involve to magnify his success. He easily sees the difference
mechanical and technical know-how, such as the between a normal by-product of able service and the
installation of computer systems and programs for the unwholesome result of propaganda.
efficient management of law offices, or the
computerization of research aids and materials, these *In this case, the Supreme Court ruled that the
will not suffice to justify an exception to the general act of giving out legal information, for example,
rule. What is palpably clear is that respondent about foreign laws on marriage, divorce and
corporation gives out legal information to laymen and adoption by attorneys and even by the so-called
lawyers. Its contention that such function is non- paralegals falls within the jurisprudential
advisory and non-diagnostic is more apparent than
definition of practice of law.
real. In providing information, for example, about
foreign laws on marriage, divorce and adoption, it LEGAL RESEARCH IS AND ESSENTIAL
strains the credulity of this Court that all that
LAWYERING SKILL
respondent corporation will simply do is look for the
law, furnish a copy thereof to the client, and stop
“The ability to conduct legal research is essential
there as if it were merely a bookstore. With its
for lawyers, regardless of area or type of practice.
attorneys and so called paralegals, it will necessarily
have to explain to the client the intricacies of the law The most basic step in legal research is to find
the leading case governing the issues in respondent from the charge of conduct prejudicial to
question.” (Best, 2007) the service.

STANDARD OF LEGAL RESEARCH Issue: WON the findings of OCA correct


REQUIRED
Held: Held: Yes. The investigating judge observed that
for a law graduate with no academic background on
CANON 5- a lawyer shall keep abreast of legal
legal bibliography and no professional background on
developments, participate in continuing legal legal research, one could expect her seeking of
education programs, support efforts to achieve guidance from her judge, and the branch clerk of
high standards in law schools as well as in the court, in the course of her work. As enunciated by the
practical training of law students and assist in Court in several cases, no other office in the
disseminating information regarding the law government service exacts a greater demand for moral
and jurisprudence. righteousness and uprightness from an employee than
the judiciary. The conduct and behavior of everyone
LEGAL RESEARCHER SUSPENDED FOR connected with an office charged with the
SLOPPY JOB dispensation of justice, from the presiding judge to
the lowliest clerk, must always be beyond reproach
Case: Domingo-Regala v. Sultan and must be circumscribed with the heavy burden of
responsibility. Public officers must be accountable to
Facts: the people at all times and serve them with the utmost
degree of responsibility and efficiency. Any act which
Judge Leah Domingo-Regala, Regional Trial falls short of the exacting standards for public office,
Court, Branch 226, QC, has charged Ma. Donna Y. especially on the part of those expected to preserve
Sultan, Legal Researcher of the same court, with the image of the judiciary, shall not be countenanced.
Inefficiency, Habitual Absenteeism, Tardiness, It is the imperative and sacred duty of each and
Falsification of Daily Time Record, Dishonesty, and everyone in the court to maintain its good name and
Conduct Prejudicial to the Service. Court of standing as a true temple of justice.
Administration requested petitioner to comment on
the unauthorized leave of absence of respondent but The court adopted the findings of the Office of the
said absences were the subject of a letter by Court Administrator, but modifies the penalty. The
respondent addressed to the Office of the Court respondent was to be suspended from service for
Administrator (OCA) complaining the disapproval by three (3) months without pay. She was also sternly
petitioner of her applications for leave. Petitioner warned that a repetition of the same acts would be
alleges that respondent is guilty of habitual dealt with more severely.
absenteeism as defined by the Administrative Circular
No. 1-91 for having incurred unauthorized absences
exceeding the allowable 2.5 days monthly leave credits
for at least three (3) months in a semester. Petitioner
claims that respondent has always been tardy in
reporting for work and signs the office logbook with a
time earlier than that of her actual arrival; she
(respondent) cannot carry out proper legal research;
she added that the respondent extended her leaves
without even filing a leave in advance; she claims that
as a law graduate, she at least has the basic knowledge
of law and legal research. The Office of the Court
Administrator (OCA) assigned an investigating Judge
to investigate the case. The investigating judge
recommended that the respondent be reprimanded
for incompetence. However, he left the determination
of penalty for habitual absenteeism to the OCA. In a
report, the OCA affirmed his findings on the
respondent’s inefficiency, and habitual absenteeism
but overturned his recommendation absolving the
PRIMARY LEGAL AUTHORIES- are
Chapter 7 authorized statements of law issued by
governmental bodies.

INTRODUCTION TO LEGAL RESEARCH -Official pronouncements of the law by


the legislative branch (constitution and
LEGAL RESEARCH- is the search for statutes), judicial branch (cases), and
authority that can be applied to a given set of executive branch (treaties, executive
facts and issues. orders, administrative rules and
regulations, ordinances)
- is the process of identifying and
retrieving information necessary to -Mandatory (binding)/ Persuasive (non-
support legal decision-making binding)

- includes each step of a course of action -are the rules of law and are binding
that begins with an analysis of the facts upon the courts, government, and
of a problem and concludes with the individuals
application and communication of the
results of the investigation MANDATORY AUTHORITY- involves a
knowledge of which law-making bodies issue
LEGAL ANALYSIS- is the process of legal authority for a particular jurisdiction.
determining how the law applies to the problem
*The concept of jurisdiction initially involves a
Legal research and analysis- involve determining determination of whether an issue that arises in
how the law applies to the facts of the case, a particular geographic location is governed by
which in turn requires knowledge of what the national law.
law is, how to find it, and the general principles
that govern its application. *Mandatory statutory authority must be
followed; mandatory judicial authority must be
LEGAL RESEARCH DIFFER FROM followed under the principle of Stare Decisis,
RESEARCH IN OTHER CONTEXTS unless the court decides that changed
circumstances warrant a different outcome.
In the process of researching a legal issue,
consult: PRIMARY SOURCES PERSUASIVE PRIMARY AUTHORITY- can
-Statutes( legislative enactments) include court decisions of other jurisdiction,
-Cases (Opinions of the judiciary) which do not have to be followed but which may
-Regulatory materials (Administrative agency be used as examples of good reasoning.
regulations and decisions
HIERARCHY OF LAWS
LEGAL AUTHORITY
-exists between the two primary sources of law:
Purpose: is to find the “authority” that will aid in enacted law and common law.
finding a solution to a legal problem.
*A court decision may interpret a legislative act,
Process: Legal research and analysis requires a but it cannot overrule an act unless it is
determination of what law applies to a legal determined that the act violates the constitution.
question and how it applies.
SECONDARY LEGAL AUTHORITIES- are
TYPES OF LEGAL AUTHORITIES descriptions of, or commentary on, the law.
-includes law review articles, treatises, The determination of whether an enacted law
Restatements of the Law, legal encyclopaedias applies to govern a legal question or issue before
and other similar items. a court is addressed will need the following 3-
step process:
-Secondary sources can be used only as
persuasive authority. (vary widely in their Step 1: Identify all the laws that may govern the
relative weight as persuasive authority) question.
Step 2: Indentify the elements of the law or
-is commentary on the law that does not have statute.
binding effect but aids in explaining what the Step 3: Apply the facts of the case to the
law is or should be. elements.
PRIMARY AUTHORITY AND SECONDARY ROLES OF AUTHORITY
AUTHORITY DISTINGUISHED. Primary Authority A source of law court
must rely on when
TYPES OF AUTHORITY reaching a decision,
Primary Authority The law itself, such as such as an enacted law
constitutions, statutes, (statute, ordinance,
ordinances, and case laws) that
administrative rules governs the legal
and regulations, and questions being
court decisions addressed, or an
Secondary Authority A source a court may opinion of a higher
rely on that is not the court in the
law, such as legal jurisdiction that
books, legal addressed the same or
encyclopedias, a similar legal question
restatements of the and facts
law, treatises, and law Secondary Authority Any authority a court
review articles. is not bound to
consider or follow but
may consider or follow
MANDATORY OR BINDING AUTHORITY AND when reaching a
PERSUASIVE AUTHORITY DISTINGUISHED. decision, such as a
opinion of a court in
Mandatory or Binding authority- is an authority another state on the
that the court MUST follow. same or a similar
issue, or a secondary
Persuasive Authority- is one which the court authority source
(encyclopedia article,
MAY OPTIONALLY follow.
legal dictionary
definition, legal books,
Primary Authority- are binding upon the court,
and so on.)
agency or tribunal that may be deciding the legal
issue one is researching.
MANDATORY CASE LAWS
-it is binding because if one’s argument
relies upon or citied the constitution, a -The court decision must be on point
statute, a case, or and administrative
regulation that is relevant to a legal -The court decision must be written by a higher
issue, it must be followed court in that jurisdiction(usually the Supreme
Court of the Philippines)
*all other authorities (secondary authorities) are
persuasive only.
A PRIMARY AUTHORITY IS NOT ALWAYS Municipal Laws and Executive
BINDING; ISSUE ABOUT JURISDICTION Ordinances
(P.138)
Secondary Authorities (persuasive)
SECONDARY AUTHORITIES ARE USEFUL Dictionaries
LEGAL RESEARCH TOOLS (P.138) Annotations
Encyclopedias
SOURCES OF AUTHORITIES Law Review Articles
Periodical Publications
2 principal ways: through legislative action and Treatises and texts
through court action. Attorneys general opinions
Restatements
2 primary sources of law in the Philippines: Foreign sources
enacted law or statute, and common or case law. Form books
Practice guides
1. Legislature
2. Supreme Court
THE LEGAL RESEARCH PROCESS
3. Administrative Bodies
4. Local Government Units -Legal research is not a linear process.
5. The President Of The Republic
STEPS:

FORMS OF LEGAL INFORMATION 1. Analyze the facts and formulate a


preliminary statement of issues.
PRIMARY SOURCES- publication which contain 2. Familiarize yourself with the court
the original decisions and actions of legislative, structure of the jurisdiction.
judicial, and administrative bodies 3. Conduct background research to get an
overview of the subject area, identify
SECONDARY SOURCES- publication that
issues and terms, and get clues to
describe, explain, or analyze the law (scholars,
primary sources.
lawyers and other commentators and have no
4. Search for legal authority using
official legal authority i.e. textbook, treatises,
appropriate method of updating.
encyclopedias, commentaries, journal articles,
5. Read and evaluate primary authorities.
indexes, and other publication.
6. Make sure cases are still good law and
*DO NOT CONFUSE PRIMARY OR you have the current version of statutes.
SECONDARY AUTHORITIES FROM PRIMARY 7. Refine analysis and formulate
OR SECONDARY SOURCES. conclusion.
8. Complexity of Modern Legal Research

Primary Authorities (mandatory/binding) and


Sources
Authorities Source
Constitutions Legislature
Statutes Legislature
Case Laws/ Judiciary
Jurisprudence
Administrative Executive
Regulations
Executive Order Executive
Treaties Executive
Presidential Decrees Executive
Chapter 8 CHAPTER 9
Law Library is the Law Laboratory. -is LEGAL CITATION
the law student’s laboratory.

Types of law libraries

PUBLIC LAW LIBRARY

1. Law school library


2. Court library
3. Government or Agency Law Libraries.

PRIVATE LAW LIBRARY

1. Law school library


2. Bar Association and Private Group Law
libraries.
3. Law firm libraries.

Using the Libraries


Arrangement of Law Libraries
Library Catalogs
Library of Congress Classification
Law Library Collection
Law Library Staff
Law Library Courtesy
Library Rules

1. Visitor Registration
2. Checking Out Materials
3. Shelving
4. Fines and Overdue Materials
5. Late fees
6. Drinks, Food and tobacco-
prohibited
7. Lost and Found
8. Noise and Disruptive behaviour
9. Personal Valuables
10. Restrooms
11. Telephones
12. Cell Phones, Pagers, Laptop
computers.

Legal Research on the Internet

1. Electronic Law Library


a. The Supreme Court E-
Library
be proficient in using these databases; it
Chapter 10 -
is mandatory.
LEX LIBRIS- contains Philippine Laws
and Jurisprudence
COMPUTER ASSISTED LEGAL - LEXIS and WESTLAW- contains
RESEARCH (CALR) American Laws and Jurisprudence.

1. Electronic Research Basics


Advantages:
a. Completeness
- Focused, Reliable Content
b. Structure
- Search Engines that index the Entire
c. Linguistic Difficulties
Database
d. Efficiency Measures
- Search Mechanisms that Remain
e. Search Approaches
Consistent
2. Boolean Searching- is used to construct
- Highly Structures Format
search statements using logical
connectors.
5. Lex Libris: Organization of Materials
a. The three basic logical operators
1. Volume 1. Laws (Philippine
are:
Edition)
i. AND. Terms on both
2. Vol. 2. Taxation (Philippine
sides of the connector
Edition)
must be present
3. Vol. 3. Jurisprudence (The
somewhere in the
Supreme Court Reports)
document in order to be
4. Vol. 4. Department of
retrieved
Justice (Opinions of the
ii. OR. If one of the terms
Secretary)
connected by the OR
5. Vol. 5. Local Autonomy and
connector appears in a
Local Government
document, that
6. Vol. 6. Environment and
document will be
Natural Resources
retrieved
7. Vol. 7. Labor and Social
iii. NOT. Documents
Legislation
containing the term
8. Vol. 8. Elections
after the NOT operator
9. Vol. 9. Trade Commerce and
will not be retrieved.
Industry
b. Proximity connectors help with
10. Vol. 10. Securities and
this difficulty.
Exchange Commission
i. WITHIN.
11. Vol. 11. Family Law
ii. PRE
12. Lex Libris Student Edition
iii. ADJ
13. Bangko Sentral Ng Pilipinas
c. Most search engines have some
14. The National
methods for dealing with word
Administrative Register (
variations
1990 TO 2000)
i. Root Expander (!)
15. Proceedings of the 1986
ii. Universal character (*)
Constitutional Commission
iii. Singular/Plural forms
16. Impeachment Proceedings
of a word.
against Pres. Joseph
3. Field and segment searching
Estrada.
4. Lex libris, lexis and Westlaw Basics- are
17. Lex Libris Bulletins
established components of legal
research; it is no longer cutting-edge to
6. Westlaw : Organization of Materials
(179)
7. Lexis: Organization of Materials (180)
8. Selecting Databases/Sources (180)
9. Composing Lex Libris, Lexis, and
Westlaw Searches
a. Define your issues
b. Select search terms
c. To search for phrases using
terms and connectors
d. Relate you terms logically
e. Order the connectors properly
f. Evaluate your search
g. Field Searching
10. Quick Tips for Composing Online
Searches
a. Terms and connectors searching
b. Define issues
c. Select search terms
d. Relate Terms logically and order
connectors properly
e. Select source (Lexis) or database
(Westlaw)
f. Limit your search to a
field/segment and use date
restrictions when appropriate
g. Run your search and evaluate
your results
h. Use locate (Westlaw) or focus
(Lexis) to look for specified
terms within your search result
i. Natural language searching
j. Define you issues
k. Decide how to express your
search
l. Select your source (Lexis) or
database (Westlaw)
11. Internal research
12. Strategies For Internet Research
a. Learn how your Favorite
Research Engines Operate
b. Use more than one Search
Engine for Important Project
c. Plan your Searches
d. Evaluate Reliability
ARTICLE XV: The Family
CHAPTER 11 ARTICLE XVI: General Provisions
ARTICLE XVII: Amendments or Provisions
ARTICLE XVIII: Transitory Provisions
1. CONSTITUTIONAL LAW RESEARCH
i. Background of the 1987 Constitution
iii. Constitutional Law Research
-1986, EDSA Revolution -The broad topic of constitutional law
deals with the interpretation and
- ousted Ferdinand Marcos implementation of the Philippine
Constitutions.
- Inauguration of Corazon Aquino
-A good way to conduct Constitutional
-Proclamation No.3, declaring a national policy Law Research is to look at the
to implement the reforms mandated by the Constitutional Convention proceedings.
people, protecting their basic rights, adopting a The Constitutional Convention
provisional constitution and providing for an proceedings provide for the intent and
orderly translation to a government under a new background of each provision of the
constitution. Constitution.

-Proclamation No. 9, creating a Constitutional iv. Steps in Constitutional Research


Commission to frame a new constitution which i. Step 1: Find a good constitutional
took effect during the martial law regime law
imposed by her predecessor. ii. Step 2: Find a good case
iii. Step 3: Find other relevant cases
-President Aquino appointed 50 members to the
Commission. v. Textbooks/Treaties
i. 1987 Constitution
Read the rest (p. 196)
ii. Provisional/Freedom Constitution
ii. 1987 CONSTITUTION (17 articles) (Proclamation No. 3, s. 1986)
iii. 1973 Constitution
PREAMBLE iv. 1935 Constitution
ARTICLE I: National Territory v. Comparative
ARTICLE II: Declaration of Principles and
State Policies vi. Constitutional research via the Internet
ARTICLE III: Bill of Rights vii. Constitutional Convention Proceedings
ARTICLE IV: Citizenship viii. Other websites with full texts of the
ARTICLE V: Suffrage Philippine Constitutions
ARTICLE VI: Legislative Department
ARTICLE VII: Executive Department 2. STATUTES
ARTICLE VIII: Judicial Department i. Definition of Law.
ARTICLE IX: Constitutional Commissions Law- is a body of rules of action or
ARTICLE X: Local Government conduct prescribed by controlling
ARTICLE XI: Accountability of Public Officers authority, and having binding the legal
ARTICLE XII: National Economic and force; must be obeyed and followed by
Patrimony citizens subject to sanctions or legal
ARTICLE XIII: Social Justice and Human consequences is a law.
Rights ii. Philippine Statutes include:
ARTICLE XIV: Education, Science and i. Statutes enacted by legislature;
Technology, Arts, Culture, and Sports
ii. Presidential Decrees (PD) and was under Martial Law.
Executive Orders (EO) issued by (Presidential Decree No. ___”)
the President in the exercise of v. Republic Acts- Congressional
legislative power; enactments from the declaration
iii. Rulings of the Supreme Court of Philippine Independence in
interpreting the law; 1946 until the declaration
iv. Rules and regulations resumed in 1987 when the present
promulgated by administrative or congress was organized under the
executive officers pursuant to 1987 Constitution. 9,482 R.A.
delegated power; (“Republic Act No. ___”)
v. Ordinances passed by vi. Executive Orders- 302 E.O.
Sanggunians of local government (“Executive Order No. ___”)
units vii. Sharia’s Law

iii. Sources of Philippine Statutes v. Primary And Secondary Statutory


Statutes- is an act of the legislature as an Authorities
organized body politic, expressed in the i. Primary Statutory Authorities- are
form, and passed according to official enactments of the
procedure, require to constitute it as a Congress of the Philippines , and
part of the law of the land the ordinances and laws of the
i. Philippine Commission- Public local governments.
Acts
ii. Philippines Legislature- Statutory law: Constitution,
Commonwealth Acts treaties, statutes proper or
iii. Batasang Pambansa- Batas legislative enactments,
Pambansa municipal charters, municipal
iv. Congress of the Philippines- legislation.
Republic Acts
v. P.D.s issued by the President Mandatory (Binding)
during the Martial Law Period Persuasive (Non-Binding)
vi. E.O.s issued by the President
during the revolutionary period. - are the rules of law and binding
vii. Sharia’s Law upon the courts, government,
and individuals
iv. Philippines Legislative Enactments
i. Acts- 4,275 public acts enacted by ii. Secondary Statutory Authorities-
the Philippines Assembly from are descriptions of, or
1901-1935. (“Act No.___”) commentary on, the law. This
ii. Commonwealth Acts- 733 laws Category includes law review
passed from 1935-1946. articles, treatises, Restatement of
(“Commonwealth Act No. ___”) the Law, legal encyclopedias and
iii. Batas Pambansa- 844 laws other similar items.
passed by the Batasang Pambansa - Can be used only as
(Philippine Parliament) from persuasive authority
1979-1985 (“Batas Bilang ___”) - Vary widely in their relative
iv. Presidential Decrees- 2,034 weight as persuasive
enactments of the President from authority.
1972-1986 when the Philippines
vi. Official and Unofficial Sources
i. Official Sources of Statutes- are v. Engrossed Bill- is engrossed when a
those published by Congress of legislative body (House) votes to
the Congress of the Philippines, approve it and sends it on to the other
the issuing agency itself or the legislative body (Senate)
official repository, the Official
Gazette. vi. Enrolled Bill- is enrolled when both
Republic Acts- published in the houses of a legislative body have voted
Official Gazette published by the to approve it and it has been sent to the
National Printing Offices. executive branch (President or a state
ii. Unofficial Sources of Statutes- are governor) for signing.
generally commercially published
materials. vii. Legislative History- Assorted
materials generated in the course of
vii. Annotated Laws and Unannotated Laws. creating legislation, including
i. Annotated source- publish the text committee reports, analysis by
of the law with augmenting legislative counsel, floor debates, and a
information; can include case history of action taken.
summaries, citations to cases
interpreting the law, referrals to viii. Session Laws- when bills become law,
relevant periodical articles, they are published in a text according to
legislative history editorial notes, the sessions of the legislature that
and analysis. enacted them into law.
ii. Unannotated source- publish bare
text of the law. ix. Statutes at Large- Refers to session
laws
3. TERMS USED IN LEGISLATION
x. Statutory Schemes- Groups of statutes
i. Bill- a written plan or draft for a that relate to one particular subject.
proposed law when it is introduced in
Congress or a state legislature. Passed 4. EFFECT AND APPLICATION OF
by both houses and President or a state LAWS
governor, it becomes a law and will
usually be published to its bull number i. Date of Effectivity of Laws: Requirement
in a publication called “Session Laws” or of Publication Indispensable- (Article 2
“Statutes at Large” NCC)
ii. Newspaper of General Circulation (EO
ii. Bill Number- Bills are referred to by a No. 200, such publication may be in a
number. HB (House bill), SB (Senate newspaper of general circulation in the
bill) Philippines)
i. It is published for the
iii. Citation- Formal references to statutes dissemination of local news
that describe the law. (Ex. Republic Act and general information;
number 9372- Human Security Act of ii. That it has a bona fide
2007) subscription list of paying
subscribers;
iv. Code- refers to the main body of iii. That it is published at regular
statutes of the jurisdiction (Ex. Civil intervals.
Code of the Philippines, RPC, Labor iv. It is not a newspaper devoted
Code, Milk Code) to the interest or published for
the entertainment of a the date of effectivity and not
particular class, procession, to the requirement of
trade, calling, race or religious publication itself, which
denomination cannot in any event be
omitted. This clause does not
iii. Effectivity mean that the legislator may
i. General Rule: All statutes, make the law effective
including those of local immediately upon approval,
application and private laws, or any other date without its
shall be published as a previous publication.
condition for their effectivity,
which shall begin fifteen days iv. Publication must be in Full
after publication.
ii. Exception: Unless a different v. Publication therefore is not
effectivity is fixed by the the same as Effectivity
legislature
vi. Ignorance of the law excuses
iv. Publication is Sine Que Non to the no one from compliance
effectiveness or Enforceability of Laws: therewith. Ignorance of law is
Scope of Publication want of knowledge or
i. General Rule: Covered by this acquaintance with the laws of
rules are presidential decrees the land insofar as they apply
and executive orders to the act, relation, duty, or
promulgated by the President under consideration.
in the exercise of legislature
powers or, at present, directly vii. Laws shall have no retroactive
conferred by the Constitution. effect, unless the contrary is
Administrative Rules and provided. Laws are generally
Regulations must also be prospective in application and
published if their purpose is to not retroactive unless the laws
enforce or implement existing themselves provides for their
law pursuant also to a valid retroactivity.
delegation.
5. ANATOMY OF THE STATUTES
ii. Exceptions to the Rule: i. Title- the Constitution provides that
a. Interpretative every bill passed by Congress shall
regulations and those embrace only one subject which shall be
merely internal in expressed in the title thereof.
nature, that is, ii. Enacting Clause- is that part of the
regulating only the statute written immediately after the title
personnel of the thereof which states the authority by
administrative agency which the act is enacted
and not the public, need iii. Preamble- us a prefatory statement or
not be published. explanation or a finding of facts, reciting
b. Rulings of the Supreme the purpose, reason or occasion for
Court making the law to which it is prefixed.
iii. Publication is Indispensible in iv. Purview of the Statute- tells what the
Every Case- ‘unless it is law is about; is the body of the statute.
otherwise provided’ refers to
v. Separability Clause- states that if for iv. How to Find Statutes via Internet
any reason, any section or provision of v. How to Find statutes using the Chan
the statute is held to be unconstitutional Robles Virtual Law Library
or (invalid), the other section(s) or vi. How to Find Statutes Using the Lawphil
provision(s) of the law shall not be project of the Arelleno Law Foundation.
affected thereby. vii. How to find Statutes Using the Website
vi. Repealing Clause- indicates clearly the of the Office of the Press Secretary
legislative intent to repeal all prior viii. How to Find statutes Using the Yahoo
inconsistent laws on the subject matter Search Engine
whether or not the prior law is a special ix. How to Find Statutes Using the Google
law. Website
i. Implied Repeal- ex. General x. How to Search for Statutes using Printed
Repealing Clause reads as ‘ All Materials.
laws, P.D.s, E.O.s, rules and xi. Other internet sites
regulations, or parts thereof,
inconsistent with the 7. GENERAL PRINCIPLES OF
provisions of this Act, are STATUTORY CONSTRUCTIONS AND
hereby repealed or modified INTERPRETATIONS- HOW TO
accordingly. INTERPRET STATUTES
ii. Express Repeal- identifies
or designates the act/s that i. Construction- the process of drawing
are intended to be repealed. warranted conclusions not always
included in direct expressions, or
determining the application of words to
Without a repealing clause- a latter facts in litigation
general law will ordinarily not repeal a ii. Interpretation- the art of finding the
prior special law on the same subject as true meaning and sense of any form of
the latter is generally regarded as an words
exception to the former. iii. Where the Terms of the Statute are
clear and Unambiguous, Just
vii. Effectivity Clause- states the date that
Apply the Law.
the law will become effective.
iv. Intent of the Law prevails
v. Criminal Statutes are to be
6. STATUTORY RESEARCH
Construed Strictly- “The rule that
i. Statutory research process - the process
penal statutes are given a strict
of finding the statutory law that applies
construction is not the only factor
to a problem.
controlling the interpretation of such
a. 1st step- determination of
laws; instead, the rule merely serves as an
whether the statute governs
additional, single factor to be considered
this situation in any way.
as an aid in determining the meaning of
b. 2nd step- to read the statute
penal laws”
and identify what is required
vi. Supreme Court Cannot Expand the
for the statute to apply.
Law- it is an elementary rule of the
c. 3rd step- the application of the
statutory construction that the spirit of
elements to the facts of the
intent of the law should not be
legal problem.
subordinated to the letter thereof
ii. How to find Statutes Via Internet-
- The will of the legislature cannot be
Congress Website
overturned by the judicial function of
iii. How to Find Statutes via Internet-
construction and interpretation.
Official Senate Website.
- Courts cannot take the place of (a) Code- is a systematically arranged and
Congress in repealing statutes. comprehensive collection of laws,
vii. Between a Specific and a General scientifically organized on a particular
Rules, the Former Prevails- It is a canon subject.
of statutory construction that a special i. New Civil Code- is a compilation
law prevails over a general law- of laws about person, human
regardless of the dates of passage- and relations, property, succession,
the special is to be considered as and other civil relations
remaining an exception to the general. ii. Labor Code- is a compilation of
viii. Expressio Unius est Exlusio laws involving employer-employee
Alterius- it is an elementary rule of relationship
statutory construction that the expressed iii. Family Code- is a compilation of
mention of one person, thing, act, or laws related to family relation.
consequence excludes all others. iv. Code of Commerce- is a
ix. Principle of Ejusdem Generis- where compilation of laws related to
general terms follow the designation of mercantile
particular things or classes of persons or v. Revised Penal Code- is a
subjects, the general term will be compilation of laws that define
construed to comprehend those things or crimes and provide punishment
persons of the same class of the same for crimes
nature as those specifically enumerated
x. Shall versus May- “SHALL” is nothing (b) Philippine Code- 1901 to present (P.231)
if mandatory; is a word of command, and (c) Philippine Code and their Suggested
one which has always and which must be Citation (P232)
given a compulsory meaning, and it is
generally imperative or mandatory. 10. Summary of Statutes of the Philippines (P.
233)
8. STATUTORY LAW RESEARCH
TECHNIQUE
i. Descriptive Word Approach- requires one
to determine which words or phrases
relate to the issues one is researching and
then locate those words and phrases in
the general index, which will then direct
him to the appropriate statute or
jurisprudence.
ii. Title/Topic Approach- may be used when
one has become so familiar with the
Philippine code or statute that he
bypasses the general index and
immediately locate the particular chapter
or title that deals with the research
problem
iii. Popular Name Approach- locating statute
or jurisprudence is used in those instance
in which a statute or jurisprudence is
known by the popular names.

9. CODE
Chapter 12
LEGISLATIVE HISTORY RESEARCH

1. Getting Started
a. Deciding on Research Goals
b. Gathering information
i. Session law number
ii. Bill number(s)
c. Compiled Legislative Histories
2. Statute Law Books (P. 236)
3. Statute finder Index (P. 238)
4. Sources and Types of Legislative History
documents
a. General Information- Sources of
Philippine legislative history documents
are the House of Representative and the
Philippine Senate
b. Bill History- House of Representative
Website
c. Hearings
d. Committee Prints
e. Floor Debates- Occurs after a bill has
been reported out of the committee and
includes comments made about the bill
by sponsors and other legislators during
considerations or a bill on the floor.
f. House Journals
g. Presidential Statements- Presidential
statements can sometimes be used in
legislative history to indicate the
President’s opinion about the purpose

5. Researching Legislative History (House of


Representative)
a. Steps in Legislative History Research
Using the House Representative (HOR)
Website
(P. 241)

6. Researching Legislative History (Senate)


(P. 244)
iii. opinions of the Office of the
Chapter 13 President
iv. opinions of the Secretary of Justice
v. opinions of the Solicitor General
CASE LAW RESEARCH and government corporate council
vi. opinions of the officers of
1. Introduction governmental agencies
a. CASE LAW- refers to the creation and vii. rulings of the Court Martial
refinement of law in the course of f. VALUE OF STUDYING COURT
judicial decisions OPINION:
- General term for that great class of i. Helps you understand and interpret
official literary manifestations of law constitutional provisions and
made up of cases decided by courts statutory law;
- It refers to the entire collection of ii. Helps you understand the litigation
published legal decisions of the process;
courts which, because of Stare iii. Provides insight into the structure of
Decisis, contributes a large part of legal analysis and legal argument;
the legal rules which apply in iv. Provides a guide to legal writing.
modern society. g. VALUE OF CASE BRIEFS- is a written
b. JURISPRUDENCE- means the summary of a court opinion the presents,
“science of law” in an organized format, all the essential
- Has come to refer to case law, or the information of the opinion.
legal decisions which were i. Saves an attorney the time of
developed and which accompany reading the case.
statutes in applying the law against ii. Serves as a valuable learning tool
situations of fact iii. Is a reference tool
c. COURT OPINION- often referred to iv. Is a writing tool
as a case, is the court’s resolution of a
legal dispute and the reasons in support 2. Decision of a Court is its Judgment of a Case
of its resolution. - It is only the decisions of the Supreme
- When resolving disputes, courts Court that establish jurisprudence or
often interpret constitutional or doctrines in the Philippine Jurisdiction.
statutory provisions or crate law - Doctrine of Binding Precedent, or Stare
when there is no governing law (in Decisis.
exceptional cases only. - An opinion is a statement by a court of
- The body of law that emerges from the reasons for the decisions of a case
court opinions is called the - It is the decision and not the opinion of
COMMON or CASE LAW the court which settles the point of law
d. CASE LAW PROPER- case law in the involved and makes the precedent
Philippines are the decisions of the SC, - Only the SC itself could overturn its
CA, Sandiganbayan, CTA, RTC, MTC, decisions though an En Banc Decision
Muslim Shari’s Court (decision decided when all justices of the
e. SUBORDINATE CASE LAW- are the SC are present)
decisions of:
i. commissions and board with i. THE DOCTRINE OF BINDING
express quasi-judicial powers; PRECEDENT, OR STARE DECISIS- a
ii. rulings of the administrative basic principle of the law whereby once a
officers; decision (a precedent) on a certain set of
facts has been made, the courts will apply
that decision in cases which subsequently pending, as if turning aside from
come before it embodying the same set of the main topic of the case to
facts; lies at the <3 of the Philippine Legal collateral subjects,” or the opinion
System of the court upon any point or
- The doctrine refers to the fact that, principle which it is not required to
within the hierarchical structure of the decide, or an opinion of the court
Philippine courts, a decision of a which does not embody its
higher court will be binding on a court determination and is made without
lower than it in that hierarchy. argument or full consideration of
the point, and is not the professed
ii. PRECEDENT- a case which establishes deliberate determination of the
legal principles to a certain set of facts, judge himself.
coming to a certain conclusion, and which
is to be followed from that point on when iv. ADVANTAGES OF JURISPRUDENCE
similar or identical facts are before a - Consistency
court. - Certainty
*RATIO DECIDENDI of the case sets the - Efficiency
precedent while a mere OBITER DICTUM - Flexibility
does not.
v. FOREIGN JUDGMENTS ARE NOT
iii. IDENTIFYING THE HOLDING OF BINDING IN THE PHILIPPINE
THE CASE JURISDICTION BUT ARE
1. RATIO DECIDENDI- Reason for PERSUASIVE
deciding or the reason for the
decision, it refers to the logic of a 3. Doctrine of Res Judicata
ruling. - Is a judicially created doctrine, which
- The statement of the law applied may be said to exist as an obvious rule of
in deciding the legal problem reason, justice, fairness, expediency,
raised by the concrete facts of the practical necessity, and public
case. It answers exactly or “bull’s tranquillity
eye” the issue of the case - Philosophy of the Doctrine of Res
Judicata is that parties should not be
2. OBITER DICTUM- a remark “by the permitted to litigate the same issue more
way” than once.
- Any statement of law that is not an - Is a rule which pervades every well-
essential part of the ratio decidendi regulated system of jurisprudence and is
is, strictly speaking, superfluous; founded upon two grounds embodied in
and any such statement is referred various maxims of the common law:
to obiter dictum (obiter dicta- (1) Public Policy and necessity which
plural), makes it to the interest of the State
- It is an observation by a judge on a that there should be an end to
matter not specifically before the litigation-REPUBLICAE UT SIT
court or not necessary in LITIUM
determining the issue before the (2) the hardship on the individual that
court; a side opinion which does he should be vexed twice for the same
not form part of the judgment for cause- NEMO DEBET BIS VEXERI
the purposes of Stare Decisis. ET EADEM CAUSA
- Is an opinion “uttered by the way, - Elements:
not upon the point or question (1) The former judgment was final;
(2) the court rendered it had 4. In re Matibag- “In re”
jurisdiction over the subject matter means “regarding” or “in the
and the parties; matter of”
(3) the judgment was on the merits; 5. In re Juan M or In re
(4) the parties, subject matters and J.M.- Initials
causes of action in the first and second 6. Ex parte Cruz. “Ex Parte”
actions are identical in the title of a case indicates
- Aspects, to wit: that the name following is
(1 ) the effect of a judgment as a bar to that of the party upon whose
the prosecution of a second action behalf the case is heard
upon the same claim, demand or 7. Ex rel Matiba. “Ex rel” in
cause of action; short for “ex relatione”
(2) preclude relitigation of a particular meaning “upon relation or
fact or issue in another action between information”
the same parties on a different claim 8. Benipayo Et.al.- multiple
or cause of action respondents
ii. THE DOCKET NUMBER ex. “G.R.
4. Anatomy of a case No. 1234567” means “Government
- Starts in the trial court (RTC/MTC) Record Number”
- May end up being appealed to a higher
court (CA/SC) iii. THE COURT- the name of the court
- PONENCIA- when an appellate court that wrote the decision
has reviewed the transcripts of the
trial, the briefs or memorandum the iv. THE DATES-Most decisions include
court will render its decisions of the date that the case was argued and
writing. the date the court issued the decision
- It is the published decisions v. THE PONENTE- is the judge who
of these appellate or supreme penned the decision
courts that make up the most 1. Ponente and Ponencia
of the cases one will find in a Distinguished:
law library or on the internet PONENTE- is the justice who
- The books they published in penned the decisions.
are called case reports or PONENCIA- refers to the
reporters whole case report; Spanish
word “report”
i. CASE NAME
1. Matibag vi. THE CASE SYNOPSIS OR
(petitioner/plaintiff) v. SUMMARY
(Versus) Benipayo
(defendant) vii. NAME OF THE COUNCEL- Names
2. Criminal Case: People and location of the law firms and the
(plaintiff/“The People of the individual attorneys in those firms
Philippines) v. Cruz who represented the appellant and
(defendant) appellee will be provided in the
3. Civil or special Proceeding: decision.
Republic (Solicitor General)
v. Cruz viii. THE OPINION

Types:
- MAJORITY OPINION- are those written
by a member of the majority after the 5. Publication of cases
court reached its decision; the ratio - Compilation of judicial decisions are
decidendi or the holding announced by printed in case reports or reporters
the majority opinion is the law and - SCRA/ Supreme Court Reports
serves as binding authority on lower Annotated (Central Lawbooks Inc.)
courts in the Philippines. - SCAD/ Supreme Court Advance
- PER CURIAM OPINION- is one in Decisions (Rex Bookstore)
which all the justices are of one mind - Digests- usually the best source to locate
and whish is so clear that they do not cases on a specific topic.
deem it necessary to elaborate it by an
extended discussion. a. Slip Opinions and Advance Sheets
- CONCURRING OPINION- these are b. Official and unofficial Publication
opinions written by justices who agree i. OFFICIAL- Philippine
with the actual result reached in a case. Reports; Official Gazette
- DISSENTING OPINION- are those ii. UNOFFICIAL- SCRA,
written opinion by the minority. SCAD, Lex Libris.
- MEMORANDUM OPINION- provide c. Law Reports
the holding or result but little, if any, d. Electronic Formats
reasoning therefore; not encouraged e. Case or court reports
- EN BANC OPINION- “in the bench” or f. Case law citation
“full bench”

*Only the Majority opinion is 6. Case Law Citation


the law that is binding on a. Court decisions
lower courts. Courts Citation
*Dissenting and concurring SC decisions G.R. No. __
opinions are not the law and Date of
they are persuasive. promulgation
CA decisions C.A.-G.R.
*Only Majority opinions are
NO.___-R,
mandatory authorities. CV, CR, or SP,
dop.
ix. THE DECISION- the final element Sandiganbayan Sandiganbayan
in a case decitions Crim Case
May be: No.___
- to affirm or uphold the Dop.
RTC RTC (place&
determination of the lower
branch no.)
courts; Civil or
- To reserve or overturn the Criminal Case
determination reached below; pr No. ___
- To remand or return the case to Dop.
the lower court for further action MTC MTC, MCTC,
consistent with the court’s MeTC MTCC
(place &
findings
Branch No.)
- The court may also vacate a case Civil or
or dismiss it entirely. Criminal Case
No.____
x. ATTESTATION AND Dop.
CERTIFICATION Shari’s District Shari’s
and Circuit District/
Courts Circuit. Court
(Place)
Case no.___,
Dop.

b. Administrative Decisions

7. Case Law research


INTERNAL MEMORANDA- are intended
Chapter 14 solely for one’s own use or the use of the
law firm.
EXTERNAL MEMORANDA- commonly
CASE BRIEF AND MEMORANDUM called “briefs” or “memoranda of points
and authorities,” or “memoranda of laws”
1. Importance of Legal Memorandum are documents ordinarily submitted to
(P.273) the court in the course of a lawsuit to
3 reasons why: advance a particular position with the
- It serves as a checklist for research utmost vigor.
- To provide you with an accessible
record of the fruits of your research 5. Internal Consistency of Legal
after time has erased the memories Memoranda
from your mind. a. Be Objective
- To communicate the results of your b. Be Specific
research to someone else. c. Be Complete

2. Elements of a Legal Memorandum 6. Additional Points for Legal Researchers


(P.278)
LEGAL MEMORANDUM- is a highly - It is usually a good idea to list the
structured type of writing that follows resources that you have checked, even
certain conventions. if some or many of them did not pan
- A statement of the facts out
- A statement of the issue/s - Keep your sentences short and avoid
- A decision or holding on the jargon when possible
issue/s - All statements about what the law is
- A discussion of the reasoning should be supported by some primary
underlying the holding. legal authority, such as statutes,
regulations, cases or ordinances.
3. Anatomy of a Legal Memorandum
a. Heading- author and recipient 7. How to Prepare a Legal Memorandum
b. Facts- list of relevant facts on which (p.278)
you have relied in researching and
preparing the memorandum; 8. How to Prepare a Case Brief
assumptions; objective and clearly a. Name of the case
c. Issues- crucial; correct legal issues b. Citations- all parallel citations should
d. Conclusions-crisp, clear, responsive be included as well as the date of the
answer decisions
e. Discussions: classic formulation c. Procedural history- brief summary of
- I- state the legal ISSUE the holdings of any previous courts
- R- determine the applicable legal and the disposition of the case by this
RULE court; describes how the case got to
- A- APPLY the legal rule to your this court and how the court resolves
facts the case
- C- state your CONCLUSION on d. Statements of Facts- contains the
the legal issue. summary of the relevant facts of the
case
4. Internal and External Memorandum e. Issue- courts will state the issue of the
case
f. Answer- yes/no; reasons
g. Reasoning- most important part of the
brief; fully discuss the reasons by
which the court reached its decisions
h. Holding- “affirmed”, “dismissed”,
“reversed”

9. Case Brief Form (P. 280)

10. Same Case Brief (p.281)


1. LawPhil Website Search for treaties and
CHAPTER 15 administrative laws.
8. Philippine On-line Sources
1. Supreme Court E-Library.
a. Executive Issuances- contains rules and
TREATIES AND ADMINISTRATIVE LAW regulations issued by the President
RESEARCH (P.283) such as:
i. Executive Orders
1. Treaties and Administrative regulations are ii. Administrative Orders
Laws iii. Memorandum Orders/
2. Research on treaties and other International Memorandum Circular
Agreements
iv. Proclamations
a. Official text of treaties- Official Gazette,
Department of Foreign Affairs Treaty
Series (DFATS), United Nations Treaty
Series (UNTS), UP Law Center’s
Philippine Treaty Series (PTS)
b. Latest treaties- DFA & SP
3. Administrative Rules and regulations
- Are orders, rules and regulations issued
by the heads of Departments, Bureau
and other agencies of the government
for the effective enforcement of laws
within their jurisdiction
- In order to be valid, they must be within
the authorized limits and jurisdiction of
the office issuing them and in
accordance with the provisions of the
law authorizing their issuance.
4. Administrative Rules and Regulations
Research
5. Strategies for researching administrative
Materials
a. Undertake Background Research
b. Take Note of Procedural Rules
c. Find out What Published Sources are
available
d. Make Use of Electronic Sources
e. Update Thoroughly
f. Use Informal Sources.
6. Using Loose-leaf Services: Basic Pointers
- LOOSE-LEAF SERVICES- a consolidated
source that contains the full text of
primary sources such as statutes,
regulations, and both judicial and
administrative decisions, all related to a
specialized are of law
7. How to search for Administrative Rules and
Regulation
specific area of the law (Legal
CHAPTER 16 encyclopedias, treatises, and
periodicals)
SECONDARY AUTHORITY (P.293) o To locate primary authority (the
law) on question being
1. Secondary legal Authorities
researched.
i. Kinds
o To be relied upon by the court
- Descriptions of, or commentary on, the
when reaching a decision.
law.
v. Study of Secondary Legal Authorities
- Law review articles, treatises,
Lead to the Primary Legal Authorities
Restatements of the Law, legal
vi. Guidelines for choosing a secondary
encyclopedias and etc.
Authority
- Used only as persuasive authority
- Does not have binding effect but aids in
2. Using Legal Periodicals
explaining what the law is or should be
- Legal periodicals publish articles on
ii. Annotated Statutory Compilation
legal topics in every area of the law
iii. Case Digest
i. Finding Articles in legal journals and law
iv. Purposes of Secondary
Reviews
- Explains the primary authorities
ii. Law Reviews
- Can be invaluable aids to the
iii. Other Legal Periodicals
researcher
iv. Searching Legal Journals Indexes
- Consists of research resources the
summarize, compile, explain, comment
3. Searching for Articles In Full-Text
on, interpret, or in some other way
Databases
address the law
i. Finding Journals and Law Reviews-
- Provide a springboard for beginning a
Library
research project
ii. General News Sources- Newspapers
o To obtain background
information and an overview of
4. Using Legal Encyclopedias
an unfamiliar subject areas
- Provides a brief, integrated statement of
o To obtain citations to primary
the law
authorities to launch the
- An enormous body of legal literature,
research
definitions, rules and practice points
o To suggest further issues or
derived mainly from case law
analytic approaches to the
- Indexes and cross-reference
problem
o To obtain a background or
5. Using Treatises, Hornbooks, And Nutshells
overall understanding of a
i. Treatises- refers to an in-depth scholarly
work on a particular area
ii. Hornbooks, nutshells and Outlines

6. Using Restatements
- Presents a uniform statement of the law
for areas of the common law such as torts
and contracts.
- The product of the work of highly
competent scholars in each are of the law
and highly respected and valuable
resource tools frequently cited by the
courts
7. Tips For Using Secondary Sources
8. Practice Materials and Form Books
9. Dictionaries
10. International Treaties
11. Form Books
12. Treaties/ Textbooks
13. Philippine On-line Sources (Supreme Court
E-Library)
14. Some foreign Online Sources used in
Philippines Legal Research
- Findlaw.com
- Lexis
- Westlaw
CHAPTER 17
ORGANIZING RESEARCH PROJECTS &
PRESENTING RESULTS (P. 319)
v. Evaluate the methods (research)
CHAPTER 18 used in the item;
vi. Evaluate the reliability of the item;
vii. Discuss the author’s background;
LEGAL BIBLIOGRAPHY viii. Discuss any conclusions the
author(s) may have made;
2. Legal Bibliography ix. Describe your reaction to the item
a. Bibliography
c. Purpose of an Annotated Bibliography
Divided: Enumerative/ Systematic
i. A review of the literature on a
Category: Analytical/ Critical
particular subject;
ii. Illustrate the quality of research
b. Kinds of Bibliography that you have done;
- Enumerative Bibliography iii. Provide examples of the types of
- Analytical Bibliography sources available;
iv. Describe other items on a topic
c. Enumerative Bibliography: that may be of interest to the
Bibliography is a list, either indicative reader;
or comprehensive, of works, and can v. Explore the subject for further
contain no more than a source in any research
given singular bibliography: author,
subject, period published, mentioned d. Annotations vs. Abstracts
in, or relevant to, a particular work.
ABSTRACT- are the purely descriptive
d. Analytical Bibliography: summaries often found at the
- Descriptive- is the close beginning of scholarly journals articles
examination of the book as a or in periodical indexes.
physical object, recording its
sized, format, binding... ANNOTATIONS- are descriptive and
- Historical- takes a broader view of critical they expose the author’s point
printing and publishing of view, clarity and appropriateness of
- Textual-is another name for expression, and authority
textual criticism
e. The Process of Annotation (p.330)
2. Annotated Bibliography
f. Sample Annotated Bibliography
a. ANNOTATED BIBLIOGRAPHY- a (P.330)
bibliography that gives a summary of
the research that has been done. 3. Philippine Legal Bibliography (P.331)
b. Parts:
i. Describe the content (Focus) of
the item;
ii. Describe the usefulness of the
item;
iii. Discuss any limitations that the
item may have;
iv. Describe what audience the item
is intended for;