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11 August 2017

Case Digesting

Decisions of the SC

Art.

Judicial decisions form part of the legal system of the Philippines

of the Civil Code

CAPTION

Republic

of

the

Philippines

SUPREME

COURT

Baguio City

SECOND DIVISION

A.M. No. RTJ-09-2200

April 2, 2014

(Case

#)

(formerly OCA I.P.I. No. 08-2834-RTJ)

 

ANTONIO

M.

LORENZANA,

Complainant,

vs.

JUDGE MA. CECILIA I. AUSTRIA, Regional Trial Court, Branch 2, Batangas City, Respondent.

D E C I S I O N

Supreme Court

Highest tribunal

G.R. No. (Government Record)

Ponente

“Brion, J.”

Writer

The one who wrote the decision

Per Curiam

Anonymous

Dispositive Position

“WHEREFORE…, IN VIEW OF THE FOREGOING…”, “SO ORDERED”

Concurring Justices

“We Concur”

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Agreed with the majority Dissenting One who does not agree Separate Concurring Agreed with decision but not as to its entirety

Case Digesting Serve as reference in class and for course review

Shortens decisions for future use

Manifestation of your understanding and analysis of the decision of the SC

Suggested method Read entire case Identify issues

Facts of the case (should justify the ruling)

Ruling

Parts of Digest Facts, Issues, Ruling

Ways

A.

In case there is no subject specified Facts

Chronological arrangement of the relevant events in the case Who are involved? Why was the case filed? (the disputes) How did it reach the SC?

Issues

What subjects or issues did the SC resolve? All issues should be identified It should be in a question form Ruling/Held How did the SC decide each and every issue previously identified?

What are the laws cited and how did they relate this to the facts of the case?

B. If there is a subject matter given Facts

Should be limited to the facts relevant to the identified issue

Issue

Only those that are covered by your subject

Ruling

The resolution of the SC of that particular issue/s only

**Case digest in not just copying and pasting!**

23 August Justice Sereno’s opinion on Justice Del Castillo case Intent is immaterial regardless of reason Pro Hac Vice “For this instance only”

Obiter Dictum “By the way”

Part of the decision that is not necessary in the case Escape pods 8 September Executive Department Art. VII of the 1987 Constitution To execute or enforce laws The President Head of the state Commander in chief Authority to call AFP Head of the government Chief diplomat Art. VII, Sec. 1, 1987 Constitution “The executive power shall be vested in the President of the Philippines.” Shall ensure that the laws are complied with

A. Control power

The President of the Philippines has the mandate of control over all the executive departments,

bureaus, and offices. This includes restructuring, reconfiguring, and appointments of their respective

officials.

Art. VII, Sec. 17, 1987 Constitution

“The President shall have control all of all the executive departments, bureaus and offices. He shall ensure that the laws be faithfully executed.”

B. Ordinance Power

Power of rule-making authority in implementing or executing constitutional or statutory powers.

Implementing Rules and Regulations

Primary legal authority

Enacted by the executive in pursuant of its power to implement the law

To guide the executive officials on how to implement the law

To guide the public on how to comply with the law

All IRRS that is punitive in nature should be published

Provide the means and methods on how the executive will execute the law after the legislature has enacted the law

Sometimes expand the definition

Note: The power to adopt internal rules is inherent in the power to implement the law

It is not rule-making, it is law execution

EO 292 Book III, Chapter II

Recognizes the President’s ordinance power

1. Executive Order (Sec. 2)

Acts of the President providing for rules of a general or permanent character in implementation or execution of constitutional or statutory powers shall be promulgated in executive orders

2. Administrative Orders (Sec. 3)

Acts of the President which relate to particular aspects of governmental operations in

pursuance of his duties as administrative head shall be promulgated in administrative

orders

3. Proclamations (Sec. 4)

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Acts of the President fixing a date or declaring a status or condition of public moment or

interest, upon the existence of which the operation of a specific law or regulation is made

to depend, shall be promulgated in proclamations which shall have the force of an executive order

4. Memorandum Orders (Sec. 5)

Acts of the President on matters of administrative detail or of subordinate or temporary interest which only concern a particular officer or office of the Government shall be embodied in memorandum orders

5. Memorandum Circulars (Sec. 6)

Acts of the President on matters relating to internal administration, which the President desires to bring to the attention of all or some of the departments, agencies, bureaus or offices of the Government, for information or compliance, shall be embodied in memorandum circulars

6. General or Special Orders (Sec. 7)

Acts and commands of the President in his capacity as Commander-in-Chief of the Armed Forces of the Philippines shall be issued as general or special orders.

C. The President as Chief Diplomat

The agent vested with the authority to represent the Philippines’ interest to other sovereign states

Chief architect of the foreign policy

Official channel of communication to which the other governments will listen to ascertain the position and views of the Philippine government

It can only be entrusted to that department of government which can act on the basis of the best available information and can decide with decisiveness

President’s duty to execute the laws and protect the Philippines is inextricably interwoven with

foreign affairs powers, such that he must resolve issues imbued with both concerns to the full extent

of his powers, subject only to the limits supplied by law.

D. Treaty making

The power to concur in the treaty or an international agreement

Monism

Dualist

Integrate directly into the legal system

Separate from municipal law

International law prevails even if inconsistent

Needs an act for the transformation of the law to be

with municipal law

valid as municipal law

Promote supremacy, effectiveness and respect to international law

Support the idea of a State’s sovereignty

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Steps to passing a treaty and international agreement

Proposal coming from other sectors of the government

Declaration or reservation Notification of ratification
Declaration or
reservation
Notification of
ratification
Declaration or reservation Notification of ratification Referral by DFA to another department or other government

Referral by DFA to another department or other government offices and agenciesDeclaration or reservation Notification of ratification Concurrence by State Entry into force Issuance of full

another department or other government offices and agencies Concurrence by State Entry into force Issuance of

Concurrence by Stateanother department or other government offices and agencies Entry into force Issuance of full powers or

other government offices and agencies Concurrence by State Entry into force Issuance of full powers or

Entry into forceother government offices and agencies Concurrence by State Issuance of full powers or special authority Ratification

offices and agencies Concurrence by State Entry into force Issuance of full powers or special authority

Issuance of full powers or special authorityoffices and agencies Concurrence by State Entry into force Ratification by the President respective representatives

into force Issuance of full powers or special authority Ratification by the President respective representatives

Ratification by the Presidentinto force Issuance of full powers or special authority respective representatives Negotiation with Signing of the

respective

representatives

Negotiation with Ratification by the President respective representatives Signing of the agreement (authentication)   Treaties

the President respective representatives Negotiation with Signing of the agreement (authentication)   Treaties
the President respective representatives Negotiation with Signing of the agreement (authentication)   Treaties

Signing of the agreement (authentication)the President respective representatives Negotiation with   Treaties   Executive Agreement Requires

 

Treaties

 

Executive Agreement

Requires

legislative

concurrence

after

Do not require concurrence by Senate after ratification

executive ratification

 

Arrangement of permanent character

 

Involving arrangements of a mere or less temporary nature

Political issues or change of national policy

Embody adjustment of details carrying out well

established national policies and tradition

Those which may conflict with or change established national policy

 

13 September

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Local Government Units Provinces, municipality, city and barangay

City

Independent component Component Highly Urbanized

 

Income

Population

Area

Component City

100 M

150, 000 or

100, 000

Independent Component

Prohibited by their charter in voting

Highly Urbanized City

50 M

200, 000

 

Local legislation exercised by RA 7160 or the Local Government Code Province Sangguniang Panlalawigan

City

Sangguniang Panlungsod Municipality Sangguniang Bayan Barangay Sangguninang Barangay Sangguninang Panlalawigan 12 members Vice governor presiding officer Regular sanggunian members President of the provincial chapter of the liga ng mga barangay President of the panlalawigang pederasyon ng mga SK

President of the federation of sangguniang members of municipalities and component cities

Sectoral representatives

Sangguniang Panlungsod Vice mayor presiding officer

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Regular sanggunian members

President of the city chapter of the liga ng mga barangay

President of the panlungsod na pederasyon ng mga SK

Sectoral representatives for women

Sectoral representatives for other marginalized sectors

Sangguniang Bayan

Vice mayor presiding officer

Regular sanggunian members

President of the municipal chapter of the liga ng mga barangay

President of the pambayang pederasyong ng mga SK

Sectoral representatives

Sangguniang Barangay

Punong Barangay as presiding officer

7 regular sangguniang barangay members

SK chairman

Congress of the Philippines exercises police power

Police power

For general welfare

LGU

General welfare cause because it is only delegated police power

Police power

The plenary power vested in the legislation to make statutes and ordinances promote the health, morals, peace, education, good order or safety and general welfare of the people

General welfare clause

Statutory grant of police power

General legislative power

Police power proper

Carry into effect and discharge the powers and duties conferred upon the municipal council by law

Necessary and proper for the health, safety, prosperity, morals, peace and good order

e.g. ordinances to impose licenses requiring permits for any establishment taxation

e.g. ban on aerial spraying of pesticides

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Products of local legislation

Ordinances and resolutions are primary legal authority

Ordinances

Resolutions

Proscribe rules and conduct

Mere expression of the opinion of sentiment; property functions and to private concerns

General and permanent

Temporary

Pass 3 hearings

Need not pass 3 hearings

Legislative process

Enacting ordinance or resolution

There must be a quorum

Quorum

Majority

50% + 1

When no quorum, no business shall be transacted

Approval of the Bill

Province Governor

City Mayor

Municipal Mayor

Barangay Punong Barangay

Has veto powers

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Purpose of review

To determine if the ordinance or resolution is beyond the LGU’s power

Advice the LGU concerned

Penalty: charged administratively

Publication or posting

No penal sanction

With penal sanction

Posted in bulletin board at the entrance of the LGU hall and in 2 other conspicuous places

Posted in conspicuous places for a minimum of 3 weeks, published in a newspaper of general

circulation

Effective 10 days after

Effective after publication or posting

15 September

Judicial Branch

Sec.1, Art. VIII, 1987 Constitution

Expanded judicial power

Vested in one SC

Judicial review

Power of the courts to test the validity of the executive and legislative acts for their conformity with the constitution

Judicial power

Includes the duty of the courts of justice to settle actual controversies involving tights which are legally demandable and enforceable

Sec. 5(5) Power to Promulgate rules and regulations

Concerning the protections and enforcement of constitutional rights

e.g. writ of habeas corpus, writ of amparo

Pleading, practice and procedure in al courts

The admission to the practice of law

The integrated bar

Legal assistance to the underprivileged

Sec. 14

“No decision shall be rendered by any court without expressing therein clearly and distinctly the facts and the law on which it is based.”

Rule 36, Sec. 1

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“A judgment or final order determining the merits of the case shall be in writing personally and

directly prepared by the judge, stating clearly and distinctly the facts and the law on which it is based,

signed by him, and filed with the clerk of the court.”

Hierarchy of courts

Purpose: To shield the Court from having to deal with causes that are also well within the competence of the lower courts

Thus leaves time to the Court to deal with the more fundamental and more essential tasks that the Constitution as assigned to it

SC CA RTC MTC
SC
CA
RTC
MTC

Appellate decision

- Original jurisdiction

A party is only entitled to 1 MR

Double jeopardy

Administrative bodies

Under the executive branch of the government

Quasi judicial power

Administrative bodies that exercises judicial power

Hierarchy of courts

Not an iron clad rule

Full discretionary power to take cognizance and assume jurisdiction [over] special civil actions for

certiorari

Discourage immediately filing to SC

Procedure of filing in the lower courts before higher courts except:

Constitutional issues

At the most immediate time

Question on constitutionality

Whether or not the law has been enacted in compliance with the constitution

Urgency

Transcendental issues

So important

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Case of first impression

No jurisprudence

Issues decided by SC

Review the acts of a constitutional order

CSC, COA, CHR, COMELEC, Ombudsman, president

Burden on u to prove that it is worthy to be exmpeted

Certiorari

Rule 65 (Petition for certiorari)

Grave abuse of discretion amounting to lack or excess of jurisdiction

Going beyond the authority granted to them by law

Capriciousness, whimsiness, arbitrariness

Special civil action under Rules of Court

RTC CA SC may take cognizance

Requisites:

The writ is directed agains tribunal, a board or any other officer exercising judicial or quasi judicial functions;

Such tribunal, board or officer has acted without or within excess of jurisdiction or with grave abuse of discretion amounting to lack or excess of jurisdictions; and

There is no appleal or any plain, speedy and adequate remedy in the ordinary course of law

If any instrumentality of the government acted gravely, file for petition for certiorari

Rule 65 (Petition for certiorari)

Rule 45 (Petition for review on certiorari)

Whether or not there is grave abuse of discretion

Errors of judgment

Cannot be filed in other courts, only SC

Appealed by arbitrary to SC

To keep the inferior court within the parameters of its jurisdiction

Mode of appeal

60 days to appeal

15 days to appeal

 

No requirement to file for MR

Question of fact and law

Question of law

No final disposition

Final disposition of the case

Grave abuse of discretion

Disallow a witness without valid reason

Error of judgment

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Misrepresentation

Cannot be credited for petition on certiorari

Interlocutory orders

Do not dispose case but given decision or order of court

27 September

SC is not a trier of facts

RTC, MTC, CA is a trier of facts

SC will be relying on the previous evidence of the lower courts

Division and en banc

Both are jurisprudence

Stare decisis

En banc

15 justices

Division

3 divisions, 5 justices

MTC and RTC

Collegiate courts

One person dictating

A.M. No. 10-4-20-SC

En banc

Resolving disputes between divisions pertaining to a case

Use jurisprudence that will benefit your case

Most important: update the law

Rule 2

Section 3. Court en banc matters and cases. The Court en banc shall act on the following matters and cases:

(a) cases in which the constitutionality or validity of any treaty, international or executive

agreement, law, executive order, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question;

(b) criminal cases in which the appealed decision imposes the death penalty or reclusion perpetua;

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(c)

cases raising novel questions of law;

(d)

cases affecting ambassadors, other public ministers, and consuls;

 

(e)

cases

involving

decisions,

resolutions,

and

orders

of

the

Civil

Service

Commission,

the

Commission on Elections, and the Commission on Audit;

(f) cases where the penalty recommended or imposed is the dismissal of a judge, the disbarment of

a lawyer, the suspension of any of them for a period of more than one year, or a fine exceeding forty thousand pesos;

(g) cases covered by the preceding paragraph and involving the reinstatement in the judiciary of a

dismissed judge, the reinstatement of a lawyer in the roll of attorneys, or the lifting of a judge’s suspension or a lawyer’s suspension from the practice of law;

(h) cases involving the discipline of a Member of the Court, or a Presiding Justice, or any Associate

Justice of the collegial appellate court;

(i) cases where a doctrine or principle laid down by the Court en banc or by a Division my be

modified or reversed;

(j) cases involving conflicting decisions of two or more divisions;

(k)

cases where three votes in a Division cannot be obtained;

(l)

Division cases where the subject matter has a huge financial impact on businesses or affects the

welfare of a community;

(m) Subject to Section 11 (b) of this rule, other division cases that, in the opinion of at least three

Members of the Division who are voting and present, are appropriate for transfer to the Court en banc;

(n) Cases that the Court en banc deems of sufficient importance to merit its attention; and

(o) all matters involving policy decisions in the administrative supervision of all courts and their

personnel.

Section 4. Division cases. All cases and matters under the jurisdiction of the Court not otherwise provided for by law, by the Rules of Court or by these Internal Rules to be cognizable by the Court en banc shall be cognizable by the Divisions.

Section 14. Per curiam decisions. Unless otherwise requested by the Member assigned to write the

opinion of the Court, the decision or resolution shall be rendered per curiam

(a) where the penalty imposed is dismissal from service, disbarment, or indefinite suspension in

administrative cases; or

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(b) in any other case by agreement of the majority of the Members or upon request of a Member.

Rule 13

Section 6. Manner of adjudication. The Court shall adjudicate cases as follows:

(a) By decision, when the Court disposes of the case on its merits and its rulings have significant

doctrinal values; resolve novel issues; or impact on the social, political, and economic life of the nation. The decision shall state clearly and distinctly the facts and the law on which it is based. It shall bear the signatures of the members who took part in the deliberation.

(b) By signed resolution, when the Court comprehensively resolves the motion for reconsideration

filed in the case or when a dissenting opinion is registered against such resolution. The signed resolution shall no longer discuss issues resolved in the decision and need not repeat the facts and the law stated in it. It shall also bear the signatures of the Members who took part in the deliberation.

(c) By unsigned resolution when the Court disposes of the case on the merits, but its ruling is

essentially meaningful only to the parties; has no significant doctrinal value; or is minimal interest to the law profession, the academe, or the public. The resolution shall state clearly and distinctly the facts and the law on which it is based.

(d) By minute resolution when the Court (1) dismisses a petition filed under Rule 64 or 65 of the

Rules of Court, citing as legal basis the failure of the petition to show that the tribunal, board or officer exercising or quasi-judicial functions has acted without or in excess of jurisdiction, or with

grave abuse of discretion amounting to lack or excess of jurisdiction; (2) denies petition filed under Rule 45 of the said Rules, citing as legal basis the absence of reversible error committed in the challenged decision, resolution, or order of the court below; (3) Dismisses an administrative complaint, citing as legal basis failure to show a prima facie case against the respondent; (4) denies a motion for reconsideration, citing as legal basis the absence of a compelling or cogent reason to grant the motion, or the failure to raise any substantial argument to support such motion; and (5) dismisses a petition on technical grounds or deficiencies.

Leg Res Finals

Atty. Tadeo

13 October

Stare Decisis

The PH is a Civil because we have a civil code

Common

Civil

No codified law that governs the relationship of man with other man

There is a harmonized code of laws that is applied when it pertains to relationships between man

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What is binding is jurisprudence

What governs the relationship is the civil code

The decisions of the judges (not only the

What we have is civil code and a little

decisions of the SC) are considered as stare

jurisprudence Jurisprudence is application of the law and it’s not the entire court system whose decision become part of the law of the land (only SC decisions)

decisis

Adversarial (PH) Competition It’s the lawyers who present evidence for their clients 2 lawyers arguing in behalf of the clients. They control the pieces of evidence that should be presented

Court system

Inquisitorial

The side that complies with the burden of proof and who is able to satisfy that burden of proof wins the civil case The judge is primarily responsible with the assessment of the pieces of evidence as well as the examination of witnesses Limited in quasi-judicial bodies

Role of judges is limited It’s as if the judge merely acts as referee

Role of judges is greater

The lawyers’ participation is greater

The lawyers’ participation is limited

Where stare decisis came from

 

The constitution is perceived as a living constitution Should be read as something living It evolves Even if there is no provision no mention because the constitution evolves, adapts to the times

The constitution is read textually Plain meaning No provision, cannot use as basis

Stare decisis came from Roman law

953 AD Justinian Civil Code was proof that jurisprudence was applied then. That stare decisis was a principle even during the Roman times

The decision of the court in a particular dispute is not only law with respect to parties of that dispute but even to all

other courts

Kinds of stare decisis

Vertical

Horizontal

Lower courts are obligated to follow the decision of the higher courts

The SC has to follow its own decisions

Obligatory

Merely a policy

Horizontal Stare Decisis

Statutory

 

Constitutional

 

Decision of the SC with respect to the statutes

Decision

of

the

SC

with

respect

to

the

Constitution

 

Inflexible Because it is in respect with the powers of the legislative

Flexible The interpretations of the SC with respect to its interpretation of the constitution may vary

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There is greater likelihood that it will change its

interpretation

Because what should be used as basis to determine the rights individuals is not the interpretation of the SC of the constitution but the constitution itself

SC allowed a wide latitude to change its mind about its decision

Not controlled by stare decisis but merely guided

Because the SC should not bind itself by enacting stare decisis because it’s primary function is to interpret

the law, so it cannot be shackled by one interpretation of the law

Hamilton

To avoid arbitrary discretion in courts

It legitimizes judicial institutions

Promote judicial economy

Allows predictability

Economic advantages for stare decisis

Efficiency

a. Minimize judicial error; Judges are not prone to committing judicial error as long as they are basing their decisions on the facts of the case, on law and on jurisprudence. How? By looking at decisions of the SC Free riding aspect is good for the economy because if judges are only going to adapt the decisions of the SC and actually apply it to the case before them, then they have more time for determining other cases, more time for shrinking their dockets Not expected to come up with a different decision in a particular case every time

b. Maximize public good; and When there are more stare decisis there is less litigation Because of the predictability that stare decisis creates, you could identify the success rate of the case

c. Minimize judicial review cost When you have as basis the decision of the SC, the chances of you being reversed as a judge is limited because it is how the SC decided it

4 pronged test basis for the SC whether or not it should abandon a doctrine decided in a previous case

1. Intolerable If it has already become intolerable, then change or abandon stare decisis

2. Reliance If the decision or stare decisis is so reliable that it would cost more to abandon it, do not change stare decisis

3. Change in facts

4. Change in law If the facts and the law has changed so much, then it is time that you abandon or modify stare decisis

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Justice Puno dissenting opinion

25 October

Stare decisis is part of the law of the land

We comply with it because it’s primary legal authority

When to abandon stare decisis?

When it would cause you to lose your case or when the stare decisis is supporting the adverse party

What may be alleged for the court to abandon stare decisis?

1.

Disanalogies

Happens by stating the facts in a particular case is not the same as the issue at hand and therefore the conclusion reached by the Court in a certain stare decisis should not be applicable to your case

No same set of facts, no same set of issues

2.

If the stare decisis obtained was highly unreasonable

Unreasonableness was created by a mistake in the concept of the law or mistake of the application of the law

3.

The binding force of the decision was the actual principle/s necessary for the decision; not the

words/reasoning used to reach the decision

Not compliance with the letter of the decision but the spirit of it.

4.

Overruled cases provided that there is a showing that the two decisions are inconsistent

Update the law

Update the authorities

Make sure it’s still good law or valid

Make sure is has not been overruled because a decision that has been overruled, modified or

abandoned by the SC is no longer good law, instance of doctrine of condonation

5.

Isolated case

It this only the decision of the SC on a particular subject matter and not much weight or persuasion should be given to it because it’s only a single case

Pro hac vicae

“Only in this case”

Only applicable to the parties in a particular dispute

6.

Claim that is it not rationale but an obiter dicta

Said by the court on points not necessarily involved in a case

Precedent are those that are actually involved and determined in the case. Pronouncements that made for issues necessary

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Who decides that stare decisis should not be applied?

Only the SC

Omnibus motion rule

State every and all defense as early as possible otherwise it is considered a waiver

Why the stare decisis is also a defense

If you comply with stare decisis then it would cause your client to lose this is why avoidance of stare decisis is also a defense

Hierarchy of laws

Laws

Purpose: a researcher who is citing a higher law will win over a provision of
Purpose: a researcher who is citing a higher law will win over a provision of an inferior law
Constitution
Statutes, treaties
Implementing rules and regulations,
administrative laws, executive laws
Jurisprudence

Constitution wherever is supreme and it is disallowed for any law or act to be inconsistent with it. To contravene it is not allowed

An act even if based on law if considered unconstitutional is also unconstitutional

No branch or office of the government may exercise its powers in any manner inconsistent with the Constitution, regardless of the exercise of any law that supports such exercise.

The Constitution cannot be trumped by any other law. All laws must be read in light of the Constitution. Any law that is inconsistent with it is a nullity.

Constitution cannot be trumped by any other law. All law must be read in light of the constitution. Any law that is inconsistent with it is a nullity

When a law is passed by Congress it is presumed to be constitutional

In pursuit of the legislative powers of congress

All laws are presumed to be constitutional

Grounds to be declared unconstitutional

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1.

Clear and unequivocal repugnancy of the law

What it allows is prohibited by the constitution

To declare a law unconstitutional, the repugnancy of that law to the Constitution must be clear and unequivocal, for even if a law is aimed at the attainment of some public good, no infringement of constitutional rights is allowed. To strike down a law there must be a clear showing that what the fundamental law condemns or prohibits, the statute allows it to be done.

Rule 12 of Internal Rules of the SC

Section 1. Voting requirements. (a) All decisions and actions in Court en banc cases shall be

made up upon the concurrence of the majority of the Members of the Court who actually took part in

the deliberation on the issues or issues involved and voted on them.

(b) All decisions and actions in Division cases shall be made upon the concurrence of at least

three Members of the Division who actually took part in the deliberations on the issue or issues

involved and voted on them. 1

Section 2. Tie voting in the Court en banc. (a) In civil cases, including special proceedings and special civil actions, where the Court en banc is equally divided in option or the necessary majority vote cannot be had, the Court shall deliberate on it anew. If after such deliberation still no decision is reached, the Court shall, in an original action filed with it, dismiss the case; in appealed cases, it shall affirm the judgment or order appealed from.

(b) In criminal cases, when the Court en banc is equally divided in option of the necessary

majority cannot be had, the Court shall deliberate on it anew. If after such deliberation still no decision is reached, the Court shall reverse the judgement of conviction of the lower court and acquit the accused.

(c) When, in an administrative case against any of the Justices of the appealed courts or any

of the Judges of the trial Courts, the impossible penalty is dismissal and the Court en banc is equally divided in opinion or the majority vote required by the Constitution for dismissal cannot be had, the Court shall deliberate on the case anew. If after such deliberation still no decision is reached, the Court shall dismiss the administrative case, unless a majority vote decides to impose a lesser penalty.

(d) Where the Court en banc is equally divided in opinion of the majority vote required by the

Constitution for annulling any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation cannot be had, the Court shall deliberate on the case anew. If such deliberation still no decision is reached, the Court shall deny the challenge to the constitutionally of the act.

(e) In all matters incidental to the main action where the Court en banc is equally divided in

opinion, the relief sought shall be denied.

All decisions shall be obtained by a majority

Tie in the Court En Banc in annulling a law

If after such deliberation still no decision is reached, the court shall deny the challenge to the constitutionality of the act

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Implementing rules and regulations

Promulgation must be authorized by the legislative

Must be within the scope of the authority given by the legislative

Must be promulgated in accordance with the prescribed procedure

Must not be ultra vires as to be issued beyond the limits of the authority conferred

Must not amend an act of congress because they are not solely intended to carry out, not to supplant or to modify the law

May not enlarge, alter, or restrict the provisions of the law it administers and enforces, and cannot engraft additional non-contradictory requirements not contemplated by the Legislature

Cannot extend the law

Relationship of case laws to statutes

Statutes may be enacted to pre-empt earlier court decision

Statutes are used by the legislative to close a loophole created by a decision of the SC

Clarifying on particular issue upon when there is a disagreement

Laws

Enacted for purpose of establishing standards that allow individuals to interact with the greatest efficiency and with the least amount of conflict

Whole body or system of law

Why is the RPC a public law?

Why is it an act in violation against the state?

Because the commission of the crime destroys peace and order

Public Law

Private Law

Relates to the interrelationship of the state and the general population

Governs relationship between individuals with which the state is not directly concerned or involved in

Governs the legal manner and the form in which such relationship is regulate

State’s participation is only to provide forum deciding contentious issues

Procedural Law

Substantive Law

Provides methods for enforcing rights or obtaining redress for the invasion of rights

Legal standards that guide conduct and applied to determine whether or not conduct was appropriate

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Criminal Law

Civil Law

A body of rules and statutes that defines conduct prohibited by the government because it threatens and harms public safety and welfare

Governs issues that arise between parties over private rights

Establishes punishment to be imposed for the commission of such acts

 

Non-use of law

Only upon declaration of SC

1. Declared unconstitutional

2. Repeal or amended

3. When it is provided in the provision of the law the length of its effectivity

Amendment

Part and parcel of the legislative power

Express

Change or modification of a statute

By addition, deletion or alteration of statute

The statute survives in its amended form

Takes effect after publication prospectively

Neither favored nor presume

Implied

Subject as the later act may not be enforced without nullifying the pertinent provision of the latter in which event the prior act is deemed amended or modified to the extent of the repugnancy

Cannot co-exist construction of amendments

Read as a whole in connection with other sections as if all had been enacted in the same statute

Unchanged portions continue in force with same meaning and effect before amendment

Leg Res

ATTY. TADEO

JULIE BERNADINE KIDO

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3 November

Repeal

Part of plenary power of congress in enacting a law, it also includes the power to repeal, to amend laws

Kinds of repeal

Total repeal

Entire law is repealed or loses its validity

Rendered revoked completely

Partial repeal

Portion of law still exists

Unaffected part of the statute remain in force

Express repeal

By virtue of a repealing clause found in the law

There must be an express provision of what particular law or what particular section of that law is

being repealed

The intention to repeal must be clear in the repealing clause, it must be clearly identified that there must be a repeal to be done on a previous law that has been enacted

No repealing clause

Shows that there was no intention to repeal any existing law unless:

No express repeal but new law is inconsistent and repugnant to old law impliedly repealed

Implied repeal

Not favored and will not be presumed

Not favored and will not be declared unless it is manifest that the legislative so intended

Repeals, by its very nature, must be expressly seen in the intent of the legislative

Why? Because legislative is presumed to have known the existing laws or the subject. Because implied repeal is not favored, there is a presumption that in the enactment of all laws by the legislative it is with knowledge of all previous laws

When is there implied repeal?

When there is irreconcilable or inconsistent with respect to the same subject matter or when the SC cannot harmonize or reconcile the provisions of the new law

When the subsequent law nullifies the reason for the existence of the previous law

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Categories

1. Same subject are irreconcilable conflict

Implied repeal of the earlier one

2. Later act covers the whole subject of the earlier one

Clearly intended to repeal the previous law

Mere intention to repeal may be a ground for implied repeal but it is not express repeal

Basic remedial concepts

Memorandum of authorities

A summary of laws cited and used as basis arranged according to topic

Only contemplates primary legal authorities

For Atty. Tadeo: Must be arranged according to hierarchy of laws

Jurisdiction

Authority to try and determine causes

No jurisdiction ground for dismissal of case

To hear and decide cases

Answers the question, which court has the authority to decide cases

General Jurisdiction v Special Jurisdiction

General jurisdiction

Authority to determine all cases pertaining to civil and criminal

e.g. RTC, MTC

Special jurisdiction

Can take cognizance of special jurisdiction for a particular purpose or clothed with special powers for the performance of specified duties

e.g. RTC 4 Baguio City family court, Branch 61 Baguio City drugs court, Branch 59 Baguio City commercial court

Exclusive Jurisdiction v Concurrent Jurisdiction

Exclusive Jurisdiction

Has jurisdiction on the subject matter, subject to the exclusion of other courts

e.g. MTC has exclusive jurisdiction over BP 22 and ejectment cases, unlawful detainer and forcible entry

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Concurrent Jurisdiction

Has jurisdiction over the subject matter and within the same property

Petition for certiorari under Rule 65 may be filed in any court

Doctrine of adherence of jurisdiction

Once jurisdiction is vested in a particular court, it retains that jurisdiction until the end of litigation

Original Jurisdiction v Appellate Jurisdiction

Original Jurisdiction

Wherein a case arises or where the original case has been filed

Appellate Jurisdiction

Wherein it is being reviewed

Quasi Courts v Special Courts

Special Courts

Judicial tribunals exercising limited jurisdiction

e.g. Sandiganbayan, Court of Tax Appeals

Quasi Courts

Not to the courts of justice but empowered by the constitution or statute to hear and decide certain cases

e.g. PRC

In civil cases,

   

MTC

RTC

Testate and intestate proceeding, value of personal property and demand

Does

not

exceed

P300,

000.00

P300, 000.00

and above

Title to; or possession of real property or any interest therein wherein the assessed value

Does

not

exceed

P20, 000.00 and above

P20, 000.00

In criminal cases,

MTC

RTC

Violation of city or municipal ordinances committed within the respective territorial jurisdiction

Others

Imprisonment not exceeding 6 years, irrespective of the amount of fine

Others

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How is jurisdiction determined

Civil cases: from the complaint over the subject matter

Criminal cases: the nature of the crime and where the crime was committed as alleged in the information

Jurisdiction

What court will try this case?

Venue

Answers the question, where should the case be filed?

Comes after the determination of jurisdiction

In criminal cases: where the essential elements of the crime should have taken place within the jurisdiction of the court acquiring jurisdiction

Jurisdiction

Venue

Authority to hear and determine cases

Where the case is to be filed

Matter of substantive law

Procedural law

Establishes the relationship between the court and the subject matter

Establishes or is determined from the relationship between the plaintiff and defendant

How to research jurisdiction?

Look at Sec 19 and Sec 23 of BP 129

Look at Rule 4, Sec 1 of ROC

A.M. No. 4-11-10-SC, Sec 4 “venue”

8 November

Docket fee (Rule 141)

The amount you are going to pay when you file a case (filing fee)

In criminal cases: no docket fee except only in cases of monetary value like estafa or BP 22

In civil cases: fair market value of the property stated in current tax declaration or zonal, whichever is higher

Inclusive of damages, attorney’s fees and litigation expenses

In Rules of Court,

A case is deemed filed only upon payment of the docket fee regardless of the actual date of filing in

court

Failure to make payment but it is the fault of the court (i.e. committing a mistake in the computation), then you may make additional payments

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In case of appeals: payment within prescriptive period is mandatory (15 days)

Payment should be paid within 15 days, failure to do so would be a ground to dismiss the appeal because appeal is not a constitutional right, it is merely a statutory right and there must be compliance with all the requirements of law and part of the requirement is payment of appeal fee within the prescribed period

Action

Real action

Action affecting title to or possession of real property or interest therein

e.g. recovery of ownership over a real property

Location of property

Personal action

All other actions

Where plaintiff resides or defendant resides or where non-resident defendant may be found

A determination of whether or not an action is real or personal determines venue

With respect to summons,

In rem

Action against the whole world

In personam

Action against a particular person

Cause of action

Absence of cause of cause would be a ground for dismissal

Before evidence

Failure to state cause of action

After evidence

Lack of cause of action

An act or omission by which a party violates a right of another

Elements:

1. A right in favor of the plaintiff;

2. An obligation on the part of the named defendant to respect the plaintiff’s right; and

3. An act or omission on the part of such defendant in violation of the right of the plaintiff

15 November

Burden of proof

In criminal cases: proof beyond reasonable doubt

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Most difficult to prove

Burden is on the prosecution because the prosecution has the claim, to have the accused found guilty

Requires only moral certainty or that degree of proof which produces conviction in an unprejudiced mind

Because of the presumption of innocence

In cases of equipoise: where the evidence on an issue of fact is in question or there is doubt on which side the evidence weighs, the doubt should be resolved in favor of the accused

Preponderance of evidence

Synonymous with the term “greater weight” of the evidence or “greater weight of the credible evidence

Evidence which is more convincing to the court as worthy of belief than that which is offered in opposition thereto

51%

Substantial evidence

Amount of relevant evidence which a reasonable mind might accept as adequate to justify a

Probable cause

Requires such facts and circumstances that would give a reasonably prudent man to believe the offense has been committed

Reasonable ground of suspension

Beyond reasonable doubt

Criminal cases

Burden of proof

Preponderance of evidence

Civil cases

Substantial evidence

Administrative cases

Probable cause

Search warrant

*in comparing, do not include probable cause

Procedure

In civil cases,

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Filling of

complaint

Summons

Filling of

answer

Filling of complaint Summons Filling of answer Setting of case for alternative dispute resolution Pre trial
Filling of complaint Summons Filling of answer Setting of case for alternative dispute resolution Pre trial
Filling of complaint Summons Filling of answer Setting of case for alternative dispute resolution Pre trial

Setting of case for alternative dispute resolution

Pre trial

Presentation

of evidence

dispute resolution Pre trial Presentation of evidence Decision Setting of case for alternative dispute resolution
dispute resolution Pre trial Presentation of evidence Decision Setting of case for alternative dispute resolution
dispute resolution Pre trial Presentation of evidence Decision Setting of case for alternative dispute resolution

Decision

Setting of case for alternative dispute resolution

May be before the PH mediation counsel or before a judge

For the parties to come to an amicable settlement in order for the case to be terminated there and then

Pre trial

Means of streamlining the hearing

The parties will be stipulating on certain facts

Presentation of evidence

Trial

In criminal cases,

Pleadings

Filling of

information

Arraignment

and pre-trial

Filling of information Arraignment and pre-trial Promulgation of judgment Presentation of evidence Define
Filling of information Arraignment and pre-trial Promulgation of judgment Presentation of evidence Define

Promulgation of judgment

Arraignment and pre-trial Promulgation of judgment Presentation of evidence Define your case Function: to

Presentation of

evidence

Define your case

Function: to clearly define the issues and fact of law to be determined by the court

Kinds:

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1.

Complaint Alleges the cause of action Ultimate facts, meaning no conclusion of law In civil cases, Made by the person claiming something or accusing someone of something Filed by someone who’s right was violated Answer is the response of the person charged

2.

Answer

Denies the allegation of the complaint

Puts forward the defense applicable

3.

Reply

Filed by the plaintiff after the receipt of the defendant’s answer

4.

Counter claim

Defendant v plaintiff

Plaintiff sue the defendant and within the same case the defendant is now suing the plaintiff

5.

Cross claim Plaintiff v Defendant 1 and 2 Defendant 1 v Defendant 2

6.

Position paper or memorandum Submitted after the end of presentation of evidence and before decision Not limited to ultimate facts Include all allegation of facts and law Summary of what happened during the trial A final attempt to convince the court

Parts:

Prefatory statement Could be a code from somewhere “This is a case for collection of money”

Statement of the case

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What happened after filing of the complaint?

Statement of the facts

What made rose to the particular case?

Issues

Identified during pre-trial as defined by the court

Arguments

What will be the law on which you are basing your claim?

Prayer

Repetition of prayer found in the complaint

What you are asking the court

7. External or internal memorandum

External Memorandum

All those pleadings filed and submitted to other parties

Internal Memorandum

For the counsel only or for the law firm only

Contains research necessary for the client

Comply with the requirement that you should be objective, be specific, and be complete

Discussion of the reasoning that was used to arrive at the conclusion

Must be based on facts and law

Internal Memorandum

External Memorandum

Used to explain and inform

Used to persuade

Output which summarizes fruits of the legal research regardless of whether it helps or harms one’s position

All the law that is helpful to one side and attempts to downplay

Internal Memorandum

There should be compliance with IRAC

Issues State the legal issues

Ruling What is the applicable law?

Application Application of the rule to the facts

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Conclusion State the conclusion of the legal issue