Legal Research - finding and assembling of authorities that bear
on a question of law
Legal analysis - process of determining how the law applies to a
problem; process and principles are the same, legal research only
vary according to country and the legal system
Philippine legal literature - rich, considering the number of
statues promulgated and jurisprudence decided, and the
annotations, commentaries, and treaties written
- rapidly growing
- availability is a problem in conducting accurate and effective
legal research
- a) lack of complete compilation of statues and jurisprudence, b)
lack of printed law finders, c) slow printed publication
- answer: electronic sources
INTRODUCTION
- archipelago of 7, 641 islands with a land area of 301, 780 sq. km.
- surrounded by Pacific Ocean (East), South China Sea (North and
West), Celebes Sea (South)
- 1935, baselines were defined - "Regime of Islands"
- define the archipelagic baselines of the Philippines
The Constitution - body of rules and maxims in accordance with
which the powers of sovereignty are habitually exercised
Purpose of the Constitution - to prescribe the permanent
framework of a system of government, to assign to the several
departments their respective powers and duties, and to establish
certain first principles on which the government is founded
Constitutions of the PH: 1899 Malolos Constitution, 1935
Constitution, 1943 Constitution (During Japanese Occupation),
1973 Constitution, 1986 Freedom Constitution, 1987 Constitution
Filipino - national language
- Filipino and English - official languages for purposes of
communication and instruction
- optional use of Filipino in court proceedings (allowed by
Supreme Court Administrative Circular No. 16-2010)
- "in appropriate cases as may be determined by the
Presiding Judge and without objection of the parties,
the above-mentioned courts may use Filipino in the
hearing and resolution of motions, or in the conduct of
mediation, pre-trial conference, trial, and in any other
court proceedings. Existing translations of laws and
rules may be used freely, and technical terms in English
or Latin need not be translated literally into Filipino"
- Mother Tongue-Based Multilingual Education (MTB-MLE)
- primary medium of instruction for teaching and
learning in the kindergarten level
- Section 5 provides that the Department of Education
must include in its teaching strategies the "child’s understanding of
English, which is the official language"
Separation of Church and State - inviolable
(absolute/unbreakable) accdg. to the Constitution (Art. 2, Sec. 6)
- secular state: 1) absence of institutional religious control of
legislative and judicial processes 2) neutrality toward religions and
non-establishment of an official religion or atheism
- host to a variety of faiths with constitutional guarantees on the
freedom of religion
- religion has a great influence in the legal system
- to delineate the boundaries between the two institutions and avoid
encroachments by one against the other because of a
misunderstanding of the limits of their respective exclusive
jurisdictions
- State is prohibited from interfering in purely
ecclesiastical affairs; the Church is likewise barred from meddling
in purely secular matters
State - a community of persons, more or less numerous,
permanently occupying a definite portion of territory, independent
of external control, and possessing a government to which a great
body of inhabitants render habitual obedience.
Nation - indicates a relation of birth/origin and implies a common
race, characterized by a community of language and customs
* nation = racial/ethnic concept; state = legal/juristic concept
Elements of State
- people, territory, government, sovereignty (PeTer GoSo)
1) People - inhabitants of the State
* requisite for Statehood: adequate number for self-sufficiency and
defense; of both sexes for perpetuity
2) Territory - fixed proportion of the surface of the earth inhabited
by the people of the State
The National Territory: “The national territory comprises the
Philippine archipelago, with all the islands and waters embraced
therein, and all other territories over which the Philippines has
sovereignty or jurisdiction, consisting of its terrestrial, fluvial and
aerial domains, including its territorial sea, the seabed, the
subsoil, the insular shelves, and other submarine areas. The waters
around, between, and connecting the archipelago, regardless of
their breadth and dimensions, form part of the internal waters of
the Philippines.”
* Components: Terrestrial, Fluvial and Maritime, Aerial domains
Question: Why is it important to know our national territory?
It is important to define as precisely as possible our national
territory for the purpose of making known to the world the areas
over which we assert title or ownership to avoid future conflicts
with other nations. As a sovereign state, the Philippines can
promulgate and enforce laws within our country. Every other
power is excluded from exercising dominion or jurisdiction
without the consent of the Philippines.
Archipelagic Doctrine: “The waters around, between and
connecting the islands of the archipelago, regardless of their
breadth and dimensions, form part of the internal waters of the
Philippines.”
- an archipelago, which consists of a number of islands separated
by bodies of water, should be treated as ONE integral unit
Straight Baseline Method - imaginary straight lines are drawn
joining the outermost points of outermost islands of the
archipelago, enclosing an area the ratio of which should not be
more than 9:1 (water to land); provided that the drawing of
baselines shall not depart, to any appreciable extent, from the
general configuration of the archipelago. The waters within the
baselines shall be considered internal waters; while the breadth of
the territorial sea shall then be measured from the baselines
3) Government - agency or instrumentality through which the will
of the State is formulated, expressed and realized
a) constituent - mandatory for the Government to
perform because they constitute the very bonds of society
e.g. maintenance of peace and order, regulation of property and
property rights, the administration of justice, etc.
b) ministrant - those intended to promote the welfare,
progress and prosperity of the people, and which are merely
optional for Government to perform; advance the general interests
of society
e.g. public charity, regulation of trade and industry
Doctrine of Parens Patriae - "parent of the people"; the
Government may act as guardian of the rights of people who may
be disadvantaged or suffering from some disability or misfortune
De Jure and De Facto Government
De jure - has rightful title but no power/control; one established by
the authority of the legitimate sovereign
De facto - government of fact, exercises power/control but w/o
legal title; one established in defiance of the legitimate sovereign
4) Sovereignty - the supreme and uncontrollable power inherent in
a State by which that State is governed
- permanent, exclusive, comprehensive, indivisible, inalienable,
and imprescriptible
Crimes Committed on high seas
* Philippine aircraft/vessel should be registered in the Philippine
Bureau of Customs
* The Philippine court has no jurisdiction over the crime of theft
committed on the high seas on board a vessel not
registered/licensed in the Philippines (U.S. v. Fowlerm 1 Phil.
614).
* Foreign merchant ship = extension of one's territory. An
offense committed on the high seas on board a foreign merchant
vessel is not triable by our courts.
* Offenses committed on board a foreign merchant vessel while on
Philippine waters is TRIABLE before our court.
Government Structure
Constitution - fundamental law of the land; supreme
- present political structure of the Philippines was defined by the
1987 Constitution, duly ratified in a plebiscite held on February 2,
1987 and proclaimed ratified on February 11, 1987
- 1987 Consti. provides that the Philippines is a democratic and
republican state where sovereignty resides in the people and all
government authority emanates from them
The government structure differs as one goes through the history of
the Philippines, which may be categorized as follows: a) Pre-
Spanish; b). Spanish period; c). American period; d). Japanese
period; e). Republic; and f). Martial Law Period
1) Pre-Spanish (before 1521)
- Barangays or independent communities: unit of government
structures before colonized
- datu: head of the barangay (cabeza de barangay)
- governs using native rules, customary and unwritten
- 2 Codes: 1) Maragtas Code issued by Datu Sumakwel of Panay
Island and 2) Code of Kalantiao issued by Datu Kalantiano in 1433
- existence is questioned; trial by ordeal was practiced
2) Spanish period (1521-1898)
- Magellan discovered the Philippines when he landed on Mactan
Island (Cebu) on March 16, 1521
- chief legislator: governor-general who exercises legislative
functions by promulgating executive decrees, edicts or ordinances
with the force of law
- Royal Audiencia (Spanish Supreme Court): exercised legislative
functions in the form of autos accordados
- Philippine Republic: when General Emilio Aguinaldo proclaimed
the Philippine Independence in Kawit, Cavite on June 12, 1898
- Malolos Congress (Assembly of the Representatives) -
revolutionary in nature, convened on Sept. 15, 1898
- Malolos Constitution - first Philippine Consti.
- a Republic, although with de facto authority, was in force until
the start of the American Sovereignty when the Treaty of Paris was
signed on December 10, 1898
3) American period (1898-1946)
- after the Battle of Manila Bay when Spain ceded the Philippines
to the United States upon the signing of the Treaty of Paris on
December 10, 1898
- military government was organized
- military governor was the chief executive exercising executive,
legislative and judicial functions
- Jones law - provided the establishment of a bicameral legislative
body on October 16, 1916, composed of the Senate and the House
of Representatives
- organic laws that governed the Philippines during this period
were: President McKinley’s Instruction to the Second Philippine
Commission on April 7, 1900; Spooner Amendment of 1901;
Philippine Bill of 1902; Jones Law of 1916 and the Tydings
McDuffie Law of May 1, 1934
- Manuel L. Quezon and Sergio Osmeña were elected as
President and Vice-President (1935)
4) Japanese period (1941-1944)
- Clark Field, an American military airbase in Pampanga, was
bombed on December 8, 1941
- Jose P. Laurel as its President, Jose Yulo was the Chief Justice of
the Supreme Court
- Supreme Court decisions during this period were recognized and
are found in the Philippine Reports, the official publication for
Supreme Court decisions
5) Republic period (1946-1972)
- July 4, 1946 was the inauguration of Philippine independence
- republic: a government by the people and sovereignty resides in
the entire people as a body politic
- birth of the 3 branches of the gov't: Executive power rests in the
President, legislative power in two Houses of Congress and
judicial power in the Supreme Court and inferior courts
6) Martial Law Period (1972-1986)
- Philippine Congress was abolished when Martial Law was
declared on September 21, 1972
- Executive and legislative powers were merged and the Chief
Executive was the Prime Minister who was elected by majority of
all members of the National Assembly (Parliament)
- the powers of the President and the Prime Minister were merged
into the incumbent President Ferdinand E. Marcos
- Amendment No. 6 authorized President Marcos to continue
exercising legislative powers until Martial law is in effect
- snap election (1985) - National Movement for Free Elections, or
NAMFREL, results showed that Corazon Aquino led by over a
million votes; Batasang Pambansa declared that Ferdinand E.
Marcos and Arturo M. Tolentino won over Corazon C . Aquino
and Salvador H. Laurel as President and Vice-President,
respectively
- led to the People Power revolution, which ousted
President Marcos on February 25, 1986
7) Republic Revival (1986-present)
- revived after the [bloodless] revolution popularly known as
People Power or the EDSA Revolution
- Corazon C. Aquino and Salvador H. Laurel took their oath of
office (Feb 25, 1986)
- PH once again became a Republic by virtue of the 1987
Constitution
- 1987 Consti. provides for the accountability of public officers; all
public officers and employees may be removed from office as
provided by law
3 BRANCHES OF THE GOVERNMENT
1) Executive Department - carries out and enforces laws
- President, Vice President, the Cabinet, executive departments,
independent agencies, and other boards, commissions, and
committees
Key roles of the executive branch include:
President – leads the country; head of state, leader of the national
government; Commander in Chief of all armed forces of the
Philippines
- serves a six-year term and cannot be re-elected
Vice President – supports the President
- if the President is unable to serve, the Vice President
becomes President
- serves a six-year term.
The Cabinet – advisors to the President; include the Vice
President and the heads of executive departments
- nominated by the President and must be confirmed by
the Commission of Appointments
Legislative Department - authorized to make laws, alter, and
repeal them through the power vested in the Philippine Congress
- divided into the Senate and the House of
Representatives
a) Senate – composed of 24 Senators who shall be elected at large
by the qualified voters
- not more than 6 years; led by the Senate President, Pro
Tempore, Majority Leader and the Minority Leader
- 40 permanent committees and 24 oversight
committees
b) House of Representatives – composed of not more than 250
members, unless otherwise fixed by law, who shall be elected from
legislative districts apportioned among the provinces, cities, and
the Metropolitan Manila area in accordance with the number of
their respective inhabitants, and on the basis of a uniform and
progressive ratio
- 3 years term
- party-list system of registered national, regional, and
sectoral parties or organizations
Party-list representatives - 20% of the total number of
representatives including those under the party list
- secures at least 2 percent of the total votes in the party-list race is
entitled to at least 1 slot
- party-list group can only get as many as 3 seats
- COMELEC with then rank the groups according to the number of
votes received and allocate party-list seats proportionately
according to the percentage of votes obtained by each group
- by selection or election from the labor, peasant, urban poor,
indigenous cultural communities, women, youth, and such other
sectors as may be provided by law, except the religious sector
- aims to increase the representation, particularly of "marginalized
and underrepresented" sectors and enhance transparency and
accountability, leading to more efficient government
Speaker of the House: Alan Peter Cayetano
Deputy Speaker for Luzon, Deputy Speaker for Visayas, Deputy
Speaker for Mindanao
Majority Floor Leader: Ferdinand Martin G. Romualdez
Minority Floor Leader: Bienvinido M. Abante Jr.
IMPEACHMENT PROCESS
- the President, Vice President, members of the Supreme Court,
members of constitutional commissions, and the Ombudsman may
be removed from office via impeachment
- only 1 complaint can be filed against an impeachable official per
year – if an impeachment complaint does not prosper, a 2nd
complaint cannot be filed within the same year
- any Filipino citizen may also file a complaint, which should be
endorsed by a House member; any member of the House of
Representatives can initiate a verified impeachment complaint
Grounds for Impeachment:
- culpable violation of the Constitution, treason, bribery, graft and
corruption, other high crimes, betrayal of public trust
Receipt of Complaint
- a verified impeachment complaint should be filed with the Office
of the Secretary General of the House; it would be immediately
referred to the Speaker
From House to Senate
- at least 1/3 of the votes of House members will be needed for it to
be endorsed to the Senate
- Senate will try and decide all cases of impeachment
Judicial Department - interprets the meaning of laws, applies
laws to individual cases, and decides if laws violate the
Constitution
- judicial power shall be vested in one Supreme Court and in such
lower courts as may be established by law
Supreme Court of the Philippines
- barangay chiefs exercised judicial authority prior to the arrival of
Spaniards
- Miguel Lopez de Legaspi, 1st governor general of the PH;
judicial powers were vested upon him
- Royal Audiencia composed of a president, four oidores (justices)
and a fiscal
- exercised both administrative and judicial functions
- became Audencia Territorial de Manila with two
branches, civil and criminal
- Filipinization of the Supreme Court started only
during the Commonwealth, 1935
- SC is composed of a Chief Justice (Lucas Bersamin) and 14
Associate Justices who shall serve until the age of 70
- Court may sit En Banc or in its three (3) divisions composed of 5
members each; a vacancy must be filled up by the President within
90 days of occurrence from the list submitted by the Judicial and
Bar Council
- nomination is already vetted by the Judicial and Bar Council, a
constitutionally-created body which recommends appointments
within the judiciary
- power to review even the political decisions of the executive and
the legislature and to declare their acts invalid for lack or excess of
jurisdiction because tainted with grave abuse of discretion
- to settle actual controversies involving rights which are legally
demandable and enforceable
Internal Rules of the Supreme Court - govern the internal
operations of the Court and as a guide to the exercise of its judicial
and administrative functions
- cases may be heard on oral arguments upon defined issues
- procedure is as follows: “The petitioner shall argue first, followed
by the respondent and the amicus curiae ("friend of the court", one
that is not a party to a particular lawsuit but is allowed to offer
information, expertise, or insight that has bearing on the issues in
the case), if any. Rebuttal of oral arguments may be allowed by the
Chief Justice or the Chairperson. If any, the Court may invite
amicus curiae."
- adopted and promulgated for the protection and enforcement of
constitutional rights, pleadings and practice and procedure in all
courts, and the admission in the practice of law
- passed 2 important Resolutions in line with extrajudicial killing
and disappearances:
1) Rule on the Writ of Amparo
- remedy available to any person whose right to life,
liberty and security is violated or threatened with violation by an
unlawful act or omission of a public official or employee, or of a
private individual or entity
- provides the victims the protection they need and the
promise of vindication of their rights (e.g. temporary protection
order, witness protection order)
- broader; if there’s a threat, you can file immediately
 2) Rule on the Writ of Habeas Data
- remedy available to any person whose right to privacy
in life, liberty or security is violated or threatened by an unlawful
act or omission of a public official or employee, or any private
individual or entity engaged in the gathering, collecting or storing
of data or information regarding the person, family, home and
correspondence of the aggrieved party
3) Writ of Kalikasan - resolution on Rules of
Procedure for Environmental Cases
- the State shall protect and advance the rights of people
to a healthy environment
- you can file at Green Courts (RTCs)
Question: Can you file against DPWH and DENR for cutting
trees for their road widening project?
Yes since it threatens the environment.
1) Judicial and Bar Council (JBC)
- principal function: to screen prospective appointees to any
judicial post
- composed of the Chief Justice as ex-officio Chairman, the
Secretary of Justice and representatives of Congress as ex-officio
members, a representative of the Integrated Bar, a professor of law,
a retired member of the Supreme Court and a representative of the
private sector as members
- conducts live public interviews and has set guidelines for vacancy
in the Chief Justice, Associate Justices of the Supreme Court and
Appellate Courts
2) Office of the Court Administrator (OCA)
- principal function: supervision and administration of the lower
courts throughout the Philippines and all their personnel
- reports and recommends to the Supreme Court all actions that
affect the lower court management
- headed by the Court Administrator, three (3) Deputy Court
Administrators and three (3) Assistant Court Administrators
3) Philippine Judicial Academy (PHILJA)
- training school for justices, judge, court personnel, lawyers and
aspirants to judicial posts
- important mission on judicial education it to provide
opportunities to develop judicial competence, instill sound values,
and form constructive attitudes in its continuing pursuit of judicial
excellence
- no appointee to the Bench may commence the discharge his
adjudicative function without completing the prescribed course in
the Philippine Judicial Academy
4) Philippine Mediation Center (PMC)
- in line with the objectives of the Action Program for Judicial
Reforms (APJR) to decongest court dockets, among others, the
Court prescribed guidelines in institutionalizing and implementing
the mediation program in the Philippines
- mediation: intervention in a dispute in order to resolve it;
arbitration
5) Mandatory Continuing Legal Education Office (MCLE)
- implement the rules on MCLE for members of the Integrated Bar
of the Philippines
- to ensure that throughout the career of the members of
the Integrated Bar of the Philippines, “they keep abreast with law
and jurisprudence, maintain the ethics of the profession and
enhance the standards of the practice of law"
- members of the Integrated Bar of the Philippines who are not
exempt from the MCLE must complete 36 hours of continuing
legal education every 3 years
LOWER COLLEGIATE COURTS
1) Court of Appeals
- 1 Presiding Judge, 68 Associate Justices, all appointed by the
President
- reviews decisions and final orders of all Regional Trial Courts,
decisions, and resolutions in administrative cases of the
Ombudsman, the DOJ, and other agencies exercising quasi-judicial
functions, including the Office of the President
- exercises original jurisdiction on the issuance of writs of
mandamus, prohibition, injunction, certiorari, habeas corpus and
all other writs whether or not in aid of its appellate jurisdiction
2) Sandiganbayan
- also called Anti-Graft Court; created to maintain integrity,
honesty and efficiency in the bureaucracy and weed out misfits and
undesirables in government service Constitution
- composed of 1 Presiding Justice and 14 Associate Justices still in
five Divisions of 3 Justices each
- has jurisdiction over criminal and civil cases involving graft and
corrupt practices and other offenses committed by public officers
and employees, including those in government-owned or
government-controlled corporations
3) Court of Tax Appeals
- 1 Presiding Justice, 8 Associate Justices in 3 Divisions
- serves as an appellate court to review tax cases (Commissioner of
Internal Revenue, Commissioner of Customs, Secretary of
Finance, Secretary of Trade and Industry, Secretary of Agriculture)
- its jurisdiction has been expanded where it now enjoys the same
level as the Court of Appeals
REGULAR COURTS
1) Regional Trial Courts
- highest trial court; second level courts divided into 13 judicial
regions: National Capital Region (Metro Manila) and the 12
regions of the country, which are divided into several branches
- Supreme Court issues resolutions designating specific branches
of the Regional Trial Courts as special courts for heinous crimes,
dangerous drugs cases, commercial courts and intellectual property
rights violations
2) Metropolitan Trial Courts - municipal trial courts in towns
and cities in the Metropolitan Manila area
3) Municipal Trial Courts - covers 1 municipality
4) Municipal Circuit Trial Court - covers two or more
municipalities
- making the courts readily accessible to the people of the different
parts of the region and making the attendance of litigants and
witnesses as inexpensive as possible
- empowered to hear and decide petitions for a writ of habeas
corpus or applications for bail in criminal cases in the province or
city in the absence of the Regional Trial Court Judges
MUSLIM COURTS
Shari'a Courts - Code of Muslim Personal Laws; like our RTCs
- judges should possess all the qualifications of a Regional Trial
Court Judge and should also be learned in Islamic law and
jurisprudence
- primarily pertain to family rights and duties as well as contractual
relations of Filipino Muslims in the Mindanao
- decisions are not final; Supreme Court shall continue to exercise
original and appellate jurisdiction over certain issues as provided
by the Constitution
- appointment of judges, qualifications, tenure, and compensation
are subject to the provisions of the Muslim Code
Quasi-Courts or Quasi-Judicial Agencies
- administrative agencies, more properly belonging to the
Executive Department, but are empowered by the Constitution or
statutes to hear and decide certain classes or categories of cases
Other Judicial Procedures:
* Katarungang Pambarangay - a system of amicably settling
disputes at the barangay level
- rules and procedures were provided by this decree and the Local
Government Code
- aims to promote the speedy administration of justice by easing
the congestion of court dockets
- Court does not take cognizance of cases filed if they are not filed
first with the Katarungang Pambarangay
* Alternative Dispute Resolution (ADR) System - serves to
promote the speedy and impartial administration of justice and
unclog the court dockets
Aside from the three co-equal branches, the other offices in
government are the government financial institutions and
government-owned and controlled corporations.
CONSTITUTIONAL COMMISSIONS
1) Civil Service Commission - promote morale, efficiency,
integrity, responsiveness, progressiveness, and courtesy in the
Civil Service
2) Commission on Elections - manage to maintain its authority
and independence in the conduct of elections
- exercises administrative, quasi-judicial and judicial powers
3) Commission on Audit - examine, audit and settle all accounts
pertaining to the revenue and receipts of and expenditures or uses
of funds and property owned or held in trust by or pertaining to the
Question: If Senator A proposes to abolish PNP, is that possible?
Yes, make a law to repeal the said law.
Is it all right to abolish COA?
Since it’s a constitutional commission, it’s empowered by the
Constitution. Thus, we must uphold the supremacy of the
Constitution and retain the commission. However, you can abolish
that ONLY if there’s a new constitution.
LOCAL GOVERNMENTS
- territorial and political subdivisions of the Philippines as follows:
province, cities, municipalities, and barangays
- each territorial or political subdivision enjoys local autonomy as
defined in the Constitution
- the President exercises supervision over local Governments
- each region is composed of several provinces while each
province is composed of a cluster of municipalities and component
cities
* Provincial government: governor, vice-governor, members of
the sangguniang panlalawigan and other appointed officials
* City: mayor, vice mayor, members of the sangguniang
panlunsod (president of the city chapter of the liga ng mga
barangay, president of the panlungsod ng mga pederasyon ng mga
sangguniang kabataan)
- city is either component or highly urbanized
1) component - average annual income of at least
twenty million Philippine pesos (Php 20 M) for the 2
consecutive years, and either of the following: b) a
contiguous territory of at least 100 square kilometers, or
c) a minimum population of 150,000
e.g. Vigan, Batac, Candon
2) highly urbanized - only the President can declare its
creation subject to the approval of the majority of the
affected electorate in a plebiscite
e.g. Baguio, Manila, Marikina, QC, Makati, Cebu
* Municipality: mayor, vice mayor, sangguniang members
(president of the municipal chapter of the liga ng mga barangay,
president of the pambayang pederasyon ng mga sangguniang
kabataan)
- municipality conversion to city - law/act should be passed in the
Congress by virtue of the provisions of the Local Government
Code and the Consti
* barangay - smallest local government unit which is created,
divided, merged, abolished or its boundary altered by law or by an
ordinance of the sangguniang panlalawigan or sangguniang
panlunsod, subject to the approval of majority votes casts in a
plebiscite conducted by the Comelec
The Philippines is divided into the following local government
units:
Region I (ILOCOS REGION)
Region II (CAGAYAN VALLEY)
Region III (CENTRAL LUZON)
Region IV (CALABARZON & MIMAROPA)
Region V (BICOL REGION)
Region VI (WESTERN VISAYAS)
Region VII (CENTRAL VISAYAS)
Region VIII (EASTERN VISAYAS)
Region IX (ZAMBOANGA PENINSULA)
Region X (NORTHERN MINDANAO)
Region XI (DAVAO REGION)
Region XII (SOCCSKSARGEN)
Region XIII (CARAGA) - Agusan del Norte, Agusan del Sur,
Surigao del Norte, Surigao del Sur, Surigao, Dinagat Islands
Autonomous Region in Muslim Mindano (ARMM) - Tawi-tawi,
Sulu, Lanao del Sur, Maguindanao
Cordillera Administrative Region (CAR)
National Capital Region (NCR) - Makati, Las Pinas, Caloocan,
Quezon City, San Juan, Taguig, Mandaluyong, Pasay
* ARMM - has its own Legislative, Executive, and Administration
of Justice (Judicial) department of government
OTHER GOVERNMENT AGENCIES
1) Bangko Sentral ng Pilipinas - constitutional office
- enjoys a fiscal (taxes) and administrative autonomy from the
National Government in the pursuit of its mandated responsibilities
2) Commission on Appointment - independent constitutional
body separate and distinct from the Legislative
- members are from both houses of the Congress
- aims to "act as a restraint against the abuse of the appointing
power of the President by approving only those who are fit and
qualified to ensure the efficient and harmonious functioning of the
government"
3) Commission on Human Rights - independent office for cases
of violation of the human rights
- to ensure the primacy of all human rights to their protection,
promotion and fulfillment, on the basis of equality and non-
discrimination, in particular for those who are marginalized and
vulnerable
- "to be the prime mover in strengthening respect, understanding
and practice of human rights as the essential corner stone of peace,
unity, and nation-building"
- composed of a Chairperson and 4 members
4) Office of the Ombudsman - shall "act promptly on complaints
filed in any form or manner against officers or employees of the
Government, or of any subdivision, agency or instrumentality
thereof, including government-owned or controlled corporations,
and enforce their administrative, civil and criminal liability in
every case where the evidence warrants in order to promote
efficient service by the Government to the people"
- priority is given to complaints filed against high ranking
government officials and/or those occupying supervisory positions
and those complaints involving grave offenses as well as
complaints involving large sums of money and/or properties
- the Ombudsman and 6 deputies
* Impeachment: The President, Vice President, members of the
Supreme Court, Constitutional Commission and the Ombudsman
may be removed from office by impeachment for conviction of
violations of the Constitution, treason, bribery, graft and
corruption, other high crimes or betrayal of public trust. The
House of Representatives has the exclusive power to initiate while
the Senate has the sole power to try and decide impeachments
cases. All other public officials and employees may be removed
by law.
LEGAL SYSTEM
Nature of the Philippine Legal System - may be considered as a
unique legal system because it is a blend of civil law (Roman),
common law (Anglo-American), Muslim (Islamic) law and
indigenous law
2 Main Sources of Law
1) Statutes or statutory law - written enactment of the will of the
legislative branch of the government rendered authentic by certain
prescribed forms or solemnities are more also known as enactment
of congress
- 2 types: Constitution and legislative enactments. In the
Philippines, statutory law includes constitutions, treaties, statutes
proper or legislative enactments, municipal charters, municipal
legislation, court rules, administrative rules and orders, legislative
rules and presidential issuance.
2) Jurisprudence or Case Law - cases decided/written opinion by
courts and by persons performing judicial functions
- also included are all rulings in administrative and legislative
tribunals such as decisions made by the Presidential Electoral
Tribunals
* Muslim Law - primary sources of Shariah are Quran, Sunnaqh,
Ijma and Qiyas
CLASSIFICATION OF LEGAL SOURCES
I. Classification by Authority
1) Primary Authority - only authority that is binding
on the courts
- legislature promulgates statutes, namely: Act,
Commonwealth Act, Republic Act, and Batas
Pambansa
- Executive promulgates presidential issuances
(Presidential Decrees, Executive Orders, Memorandum
Circular, Administrative Orders, Proclamations, etc.),
rules and regulations through its various departments,
bureaus and agencies
- Judiciary promulgates judicial doctrines embodied in
decisions
a) Mandatory primary authority - law
created by the jurisdiction in which the law
operates like the Philippines
b) Persuasive mandatory authority - law
created by other jurisdictions but which have
persuasive value to our courts e.g., Spanish
and American laws and jurisprudence. These
sources as used specially when there are no
Philippine authorities available or when the
Philippine statute or jurisprudence under
interpretation is based on either the Spanish
or American law
2) Secondary Authority - commentaries or books, treatise,
writings, journal articles that explain, discuss or comment on
primary authorities
- opinions of the Department of Justice, Securities and Exchange
Commission or circulars of the Bangko Sentral ng Pilipinas
- reputation or expertise of the author is considered
II) Classification by Source
1) Primary Sources - published by the issuing agency
itself or the official repository, the Official Gazette
- Philippine Reports is up-to-date and almost complete
from 1901
2) Secondary Sources - unofficial sources and
generally referred to as those commercially or
institutionally published in print or online
- advent of the new information technology, electronic
or digitized sources are popular sources and effective
sources of legal information for the following reasons:
a) no complete and updated legal
information available;
b) the search engines utilizing the electronic
or digitized method facilitate research, and
c) no complete and update manually
published search tools for statute and case
law
* established policy is that in case of conflict between the printed
and electronic sources, the printed version coming from the issuing
government agency prevails
Legal research for statute law in the Philippines benefited
remarkably from the use of the latest technology due to two major
problems:
a) no complete and updated published or printed search
tools or law finders for statute law and
b) no complete compilation of statute law from 1901-
present were available
* In finding the law, our ultimate goal is to locate mandatory
primary authorities, which have bearing on the legal problem at
hand. If these authorities are scarce or nonexistent, our next
alternative is to find any relevant persuasive mandatory authority.
If our search is still negative, the next alternative might be
secondary authorities. There are however instances where the
secondary authorities, more particularly the commentaries made by
experts of the field, take precedence over the persuasive mandatory
authorities. With the availability of both, using both sources is
highly recommended.
III) Classification by Character
- nature of the subject treated in books. This classification
categorizes books as: a) Statute Law Books, b) Case Law Books or
Law Reports, c) a combination of both and d) “Law Finders”
1) Law Finders - indexes, citators, encyclopedias, legal
dictionaries, thesauri or digests
- no up-to-date Law Finders in the PH
- effective and accurate legal research using this rule: ALWAYS
START FROM THE LATEST; exception to this is when the
research has defined or has provided a SPECIFIC period
- 4 Ws, 1H; Things, Actions, Relief, Sought, Persons, Places
PHILIPPINE LEGAL RESEARCH
1) Research of Statute law - statute laws are the rules and
regulations promulgated by competent authorities; enactments of
legislative bodies (national or local) or they may be rules and
regulations of administrative (departments or bureau) or judicial
agencies
- does not end with consulting the law itself; it extends to the intent
of each provision or even the words used in the law
a) Constitution - commentaries or interpretations on the
constitution, decisions of the Supreme Court and other courts,
textbooks or treaties, periodical articles of the different
Constitution are available
b) Treaties and other International Agreements - treaty is an
agreement or a contract between two (bilateral) or more
(multilateral) nations or sovereigns, entered into by agents
appointed (generally the Secretary of Foreign Affairs or
ambassadors) for the purpose and duly sanctioned by supreme
powers of the respective countries
- in the PH, a treaty or international agreement shall not be valid
and effective unless concurred in by at least 2/3 of all members of
the Senate
- President may enter into international treaties or agreements as
the national welfare and interest may require, and may contract and
guarantee foreign loans on behalf of the Republic, subject to such
limitations as may be provided by law
- official text of treaties is published in the Official Gazette,
Department of Foreign Affairs Treaty Series (DFATS), United
Nations Treaty Series (UNTS ) or the University of the Philippines
Law Center's Philippine Treaty Series ( PTS)
c) Statutes Proper -
Philippine codes adopted from 1901 to present:
Administrative Code of 1987, Child and Youth Welfare Code,
Civil Code, Comprehensive Agrarian Reform Code, Code of
Ethical Standards for Public Officials and Employees, Cooperative
Code, Corporation Code, Family Code, Fire Code, Fisheries Code,
Forest Reform Code, Insurance Code, Intellectual Property Code,
Labor Code, Land Transportation and Traffic Code, Local
Government Code, Muslim Code of Personal Laws, National
Building Code, National Code of Marketing of Breast-milk
Substitutes and Supplements, National Internal Revenue Code,
Omnibus Election Code, Philippine Environment Code, Revised
Penal Code, Sanitation Code, State Auditing Code, Tariff and
Customs Code, Water Code
d) Executive (Presidential Issuances) - Executive Orders and
Proclamations of the Governor-General were published annually in
a set Executive Orders and Proclamations
* In researching for Proclamations, Administrative Orders,
Executive Orders and Memorandum Orders & Circulars of the
President, the year it was promulgated is a must or needed. If no
year is available, the President and/or the Executive Secretary
issuing it must be stated. As a new President is sworn in, all the
Presidential issuances start with No. 1. The only exception was
Executive Orders issued by President Carlos Garcia after he
assumed the Presidency because President Magsaysay died in a
plane crash. He continued the number started by President
Magsaysay. When President Garcia was elected President, he
started his Executive Order No. 1.
- to look for the intent of Republic Acts, go through the printed
journals and records of both houses of the Congress which contain
their deliberation
problem: availability of complete printed
journals/records
solution: Archives of the House of Representatives
and the Senate
e) Administrative Rules and Regulations - 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 that such rules and regulations may 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
- access to these have been facilitated due to the two
developments:
a) government agencies, including government owned
and controlled corporations, have their own websites and at the
Official Gazette and Official Gazette online where they include the
full-text of their issuances
b) the National Administrative Register, which is
available in print, CD-Rom and in the Supreme Court website
- 2 important items needed in handling these types of materials
a) Issuing Agency
b) Year it was promulgated
- when 1987 Administrative Code was promulgated, all gov't
agencies were mandated to file 3 certified copies of their orders,
rules, and regulations w/ the UP Law Center's Office of National
Administative Register w/c in turn is required to publish called
National Administrative Register
- must also keep an up-to-date codification of all rules
thus published and remaining in effect together with a complete
index and appropriate tables
RESEARCH OF CASE LAW
* Case Law or Judicial decisions - official interpretations or
manifestation of law made by persons and agencies of the
government performing judicial and quasi-judicial functions
Reorganization of the Judiciary of 1980 (Batas Pambansa Bldg.
129) established the following courts:
1) Court of Appeals;
2) Regional Trial Courts divided into different judicial regions,
3) Metropolitan Trial Court;
4) Municipal Trial Court in Cities;
5) Municipal Trial Courts;
6) Municipal Circuit Trial Courts
* The Shariah (Sharia’a) Circuit and District Courts, Court of Tax
Appeals, and the Sandiganbayan were created by separate laws.
* Conventional decisions - decisions/rulings made by regularly
constituted court of justice
* Major problem in conducting research on case law - availability
of published or printed decisions from the Court of Appeals to the
rest of the judicial and quasi-judicial agencies
- establishment of Supreme Court E-Library by the
Judicial Reform Program of the Supreme Court funded by the
World Bank
- digitization of the decisions of the Supreme Court, and
the appellate: Court of Appeals, Sandiganbayan and the Court of
Tax Appeals
SUPREME COURT DECISIONS - highest source of
jurisprudence, source of law
- the judgment of this court interprets the law and/or determines
whether a law is constitutional or not
1) Regular decisions and extended Resolutions - published in
court reports either in primary or secondary sources
- decisions provide the justice who penned the decision or ponente
and the other justices responsible for promulgating the decision,
whether En Banc or by Division
2) Minute Resolutions - although they bear the same force and
effect as the regular decisions or extended resolutions, they are
issued and signed by the respective Clerks of Court En Banc or by
any of the 3 Divisions and signed by their respective Clerks of
Court
- not published so the SC has incorporated these, particularly those
that resolve a motion for reconsideration/those that explain/affirm
a decision (along with Administrative Matters) in the SC e-library
under RESOLUTIONS
* Official Gazette, Philippine Reports, and the Advance Sheets -
primary source or official repositories of decisions and extended
resolutions of the SC
* Official Gazette - selective compilation
* Philippine Reports - complete compilation of
decisions of SC
* Advance Sheets - decisions in “reproduced form” or
“photocopied “ copy of the actual original decision which contains
the full text, the signatures of the justices and the certification of
the Chief Justice
 * original decisions - those which the actual * Court of Appeals decisions are now being complete online
signatures is deposited in the Reporters Office of the SC starting from the latest to 1936.
* Official Gazette (selective publication)
* availability of some of the unpublished decisions before World * Court of Appeals Reports which was published by the Court of
War II is a problem for a number of the original decisions have Appeals until 1980. Even this publication is not a complete
been burned - problem being addressed by the SC E-Library where compilation. It is still considered selective for not all CA decisions
a great number of these unpublished decisions of the SC before the are included.
war were retrieved from different sources * Court of Appeals Reports (CAR) by Central Book Supply. One
volume was published
* Supreme Court Reports Annotated (SCRA) (purchased per * Philippine Law and Jurisprudence
volume), eSCRA, Lex Libris Jurisprudence CD ROM, CD Asia * Reports Office of the Court of Appeals
Online (on subscription) - most popular secondary sources
* new sources: 1) My Legal Whiz, Easy Contextual Legal COURT OF TAX APPEALS
Research, 2) Law Juan - decisions from 1980 to 2004 are found in the Lex Libris
particularly in Taxation CD ROM. Court of Tax decisions are now
How can we search for Supreme Court decisions manually? being complete online starting from the latest to its first decision.
1) Topic or Subject Approach
* Philippine Digest SANDIGANBAYAN
* Republic of the Philippine Digest
* Velayo's digest
* Magsino's Compendium DECISIONS OF ADMINISTRATIVE AGENCIES,
* Supreme Court's unpublished Subject Index COMMISSIONS, AND BOARDS
* Martinez's Summary of Supreme Court rulings 1984 to 1997
* UP Law Center's Supreme Court decisions: subject index and
digest's
* SC's Case Digest's
* Philippine Law and Jurisprudence
* Castigador’s Citations
* SCRA Quick Index Digest

2) Title Approach/Title of the Approach

* Philippine Digest - Case Index
* Republic of the Philippines Digest
* Ong, M. Title Index to SC decisions 1946-1978, etc.
* Ateneo's Index

* Electronic technology - best, fastest, and most effective method

to conduct legal research
* computer with Internet - basic collection that a law library must
have lol
- every law lib must have all the sources of law: statutes
and jurisprudence

Juridicial records - records presented to, belonging to the SC

including all the judicial courts and judicial organization under the
judiciary
* rollos - records presented to the judiciary

For statutes, research on law can be done while the law is pending
(Bills search) and the records of the laws passed or the records
from the time a law is filed, deliberated, until the law is passed.
For Court decisions, from the time a case is filed and the Case No.
is placed, all records are confidential and may be accessed only by
the Justices/Judges, Clerks of Courts, and specific court
employees.
For records of decided cases, weitten request has to be made to the
respective courts where the case was decided. Records of the
decisions of the SC are found in the 1) Judicial Records Office, 2)
National Archives (1946 to 1983), and 3) Court of origin for those
to be executed.

COURT OF APPEALS DECISIONS

- merely persuasive; considered as judicial guides to lower courts
and that conclusion or pronouncement they make can be raised as a
doctrine
* Reporter Division and Clerk of Court of the Court of Appeals -
repository of all of the Court of Appeals decisions

Sources of Court of Appeals decisions are: