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CHAPTER 1

Constitution: a written instrument enacted by the direct action of the people by which the fundamental powers of the government are established, limited and defined and by which those powers are distributed among the several departments of government for their useful and safe exercise for the benefit of the body politic *It is the basic and paramount law to which all laws, rules and regulations must conform and to which all person must defer. The Philippine constitution: -establishes and defines the powers of the three branches -establishes the broad powers of the federal and state government and defines their relation -defines the rights of the citizens There are four Philippine Constitution: - Malolos, 1935, 1973 and 1987; wherein the 1943 was declared null and void while 1986 was just provisional *nothing can override the constitution because it is the ultimate expression of the will of the people, from who all sovereignty emanates so in case of conflict, the constitution must prevail Hierarchy of laws: Constitution supreme law of the land Statutes created by congress which is derived from the constitution Implementing Rules and Regulations written by the agencies of the Executive branch to put statute in force *Doctrine of Hierarchy of laws: the IRR cannot supersede or negate a law passed by the congress, in the same way where the statutes

cannot be contrary to the provisions of the constitution legal basis: ART. 7 OF THE NEW CIVIL CODE: laws are repealed only by subsequent ones and their violation or nonobservance shall not be executed by disuse or custom or practice to the contrary. When the courts declare a law to be inconsistent with the constitution, the former shall be void and the latter shall govern. *administrative or executive acts, order and regulations shall be valid only when they are not contrary to the laws or the constitution *statutes will be unconstitutional if it is in conflict with the constitution JUDICIAL POWER: once the bills pass the congress and are signed into law, the last recourse is to seek judicial review once the condition is ripe for judicial determination; settle actual controversies involving rights; determine whether there is grave abuse of discretion amounting to lack or excess jurisdiction EFFECTS OF DECLARATION OF UNCONSTITUTIONALITY: Orthodox view: an unconstitutional law is not a law; it has no effect like there was no law passed Modern view: the court simply refuses to recognize and determine the rights of the parties ELEMENTS OF A STATE: -people -government -territory -sovereignty *Republic of the Philippines is a democratic and republican state because sovereignty resides in the people -democracy: essence of it is individual sovereignty -republican: representative government who runs to serve the people *NATIONAL SOVEREIGNTY: individual sovereignty collectively

*PHILIPPINE NATIONAL TERRITORY: it comprises the Philippine archipelago with all the islands and waters embraced therein and all other territories over which the Philippines has sovereignty or jurisdiction; the laws only apply within the territory POLITICAL LAW IN THE PHILIPPINE NATIONAL TERRITORY: applicable to the Philippine national territory as well as the embassies of the Philippines as its extension CRIMINAL LAW IN THE PHILIPPIN NATIONAL TERRITORY: penal or criminal laws are applicable extending up to its boundaries: ART. 2: except as provided in the treaties and laws of preferential application, the provisions of this code shall be enforced not only within the Philippine archipelago but also outside its jurisdiction against those who -should commit an offense while on a Philippine ship or airship -should forge or counterfeit any coin or currency note of the Philippine island or obligations and contracts .. APPLICATION OF CIVIL LAW: -Family laws under Art. 15 of the new civil code -LEX REI SITAE: legal doctrine of property law and of international private law; latin for where the property is situated where it governs over the transfer of title to property; under ART. 16 real property, as well as personal property is subject to the law of the country where it is situated -LEX LOCI CELEBRATIONIS: law of the place where the solemnity is celebrated; the forms and solemnities of contracts, wills and other public

instruments shall be governed by laws of the country in which they are executed FUNDAMENTAL POWERS OF THE STATE: -Police powers- regulate liberty and property for the promotion of general welfare -Eminent domain- acquiring private property in exchange of just compensation -Taxation demanding proportionate share for the maintenance of the government DOCTRINE OF SEPARATION OF POWERS: prevent a concentration of authority in just one group of persons that might lead to an irreversible error or abuse in its exercise. Each branch exercises powers exclusive to it without due influence from the other two branches; the functions of each department should be kept apart to prevent centralization of too much power. LEGISLATIVE DEPARTMENT POWER OF THE PURSE -power to make laws, as well as repeal, amend or alter laws -other powers: power of appropriation, taxation and expropriation, power to canvass the presidential election, to declare existence of war, to impeach EXECUTIVE DEPARTMENT POWER OF THE SWORD (implements the laws) -president is the chief executive where they have the power to appoint, remove, control, military, diplomatic, informing JUDICIARY DEPARTMENT- BASTION OF RIGHTS AND LIBERTIES OF THE PEOPLE (interprets and applies the law) -JURISPRUDENCE: Supreme Courts decision is the source of the case law; it refers to

the philosophy of law or science which treats of the principles of positive law and legal relations. It also refers to the aggregate of decisions issued by the Supreme Court which now form part of the legal doctrines of the land HISTORY OF THE PHILIPPINES: PRE-SPANISH: First people are the negritos who have come their way through land bridges Malay through land bridges as well then in boats called barangays and were ruled by datus (dominant til the Spanish came) Chinese merchants Arabs who introduced islam SPANISH: Ferdinand Magellan claimed the Philippines in 1521 Era of conversion to Roman Catholicism and a Spanish colonial social system was developed There were numerous uprisings Aguinaldo led the battle against the Spanish and declared independence on June 12, 1898 AMERICAN PERIOD George Dewey defeat the Spanish fleet in Manila Bay Treaty of Paris: Spain ceded the islands to the US President Aguinaldo led a war of resistance against the Americans Philippine-American War First legislative assembly was elected and a bicameral legislature, under Philippine Control, was established Catholic Church was disestablished

Tydings-McDuffie Act: Philippines became a self-governing commonwealth where Manuel Quezon was elected as president Corregidor fell and surrendered to the Japanese for their control General Douglas MacArthur came and regained the Philippines from the Japanese til they surrendered July 4, 1946 independence according to the Tydings-McDuffie Act but was changed to June 12 to commemorate the independence Aguinaldo declared from Spain POST INDEPENDENCE Huk Rebellion complicated the recovery of the Philippines after the war with the Japanese but surpressed when Ramon Magsaysay became president and led it Carlos P. Garcia and Diosdado Macapagal sought to expand Philippine ties with Asian neighbours President Marcos declared martial law in 1972 Martial law ended on Jan. 17, 1981 The assassination of Benigno Aquino led to a snap presidential election which led to his forced flee from the Philippines for a peaceful civilianmilitary uprising that ousted him and put Corazon Aquino as the next president (Feb. 25, 1986) Corazon Aquino: weak and fractious; there were several coup attempts that made it hard for stability and economic development Fidel Ramos: National Reconciliation became his highest priority; legalized the communist party; created National Unification Commission; Peace agreement with MNLF Joseph Ejercito Estrada: promised to alleviate poverty but was impeached and put Gloria Macapagal Arroyo as the next president and won another term against Fernando Poe Jr.

EXECUTIVE BRANCH OF THE GOVERNMENT -headed by the president who is the head of state and the government, who is also the commander-in-chief of the Armed Forces of the Philippines President: term of 6 years, may no longer run for re-election unless he/she becomes president through constitutional succession and has served for no more than 4 years as president Vice-President: will succeed the president if he resigns, be impeached or die in the office; member of the Presidents cabinet, if there is a vacancy for the position of VP, the president will appoint any member of the Congress through the validity of vote of the congress separately

CHAPTER 2
EVOLUTION OF THE PHILIPPINE LEGISLATIVE SYSTEM Under the Spanish rule, the legislative powers were shared by three entities: -Governor General: promulgate executive decrees; chief legislator; president -Royal Audencia: passed laws in the form of Autos Accordados; Spanish supreme court -Crown of Spain No Filipino representatives in the legislative bodies LEGISLATIVE PERIODS MALOLOS CONGRESS (aka Assembly of Representatives)

PHILIPPINE COMMISSION: colonial legislative system composed of all American appointees SCHURMAN COMMISSION (aka First Philippine Commission)

Established by the US pres. William Mckinley A five-person group headed by Dr. Jacob Schurman to investigate the conditions in the islands and make recommendations. In their report, they acknowledged the filipinos aspiration for independence but they think the Philippines is still not ready for it which made a recommendation to establish a civilian government, establish a bicameral legislature, autonomous government and free public elementary schools TAFT COMMISSION (aka second Philippine commission)

Once again, established by the US president, William Mckinley Headed by William Howard Taft

Began with a unicameral Malolos congress Drew the first constitution for the first Philippine republic first republican constitution Document states: people have exclusive sovereignty. States basic civil rights, separated the church from the state and called for the creation of an Assembly of Representatives; also calls for a Presidential form of government with a term of 4 years Malolos Constitution: first important document enacted by the Malolos Congress with 101 articles and 7 titles; created a Filipino state with three branches of the government E,L,J; provides safeguards against abuses and enumerated the national and individual rights Pedro Paterno was the president of the Assembly of Representatives Issued 499 laws, established a judicial system including the SC; civil service was organized Municipal boards were responsible for the collection of taxes, maintaining municipal properties and undertaking necessary construction projects Philippine constabulary- an archipelago-wide police force to control brigandage and deal with the remnants of the insurgent movemen Philippine Organic Act- with the achievement of peace, a legislature would be established composed of a lower house (Philippine Assembly) and an upper house (Philippine Commission) PHILIPPINE ASSEMBLY

Composed of predominantly Filipinos Two dominant political groups Partido Nacionalista and Partido Nacional Progresista

who vied for the position in the assembly which the Nacionalista Party got 80 seats in the assembly. However, there was a conflict in the legislative body since in the Assembly, there were Filipinos and in the Commission, there were Americans Jones Law: ended the conflict wherein the legislative powers were vested in a bicameral legislature composed exclusively of Filipinos Eventually, they abolished the Philippine Commission and inaugurated the Philippine Legislature consisting of the Senate and the House of Representatives PHILIPPINE LEGISLATURE

There were 10 of them and the laws enacted by them are called Acts It was a unicameral then later became bicameral NATIONAL ASSEMBLY First National Assembly and Second National Assembly the laws enacted by them are called Commonwealth Acts COMMONWEALTH CONGRESS o Two commonwealth congress first congress was aka Third National Assembly and the second was known as the First Congress of the Philippines o The laws enacted by them are called Commonwealth Acts CONRESS OF THE PHILIPPINES o On July 4, 1946, the US government granted Philippine independence and the congress of the Philippines was established where it functioned as the national legislature until Pres. Marcos placed the country in martial law o Laws enacted in this period are called Republic Acts MARTIAL LAW PERIOD o Marcos exercised full legislative and executive powers wherein

the Presidential decrees enacted had the effect of a statute; he formed the Batansang Bayan BATASANG PAMBANSA o Replaced the Batasang Bayan who served as the advisory body to the President who had the legislative power o Interim Batasang Pambansa or the First Batasan was the legislature of the Republic of the Philippines then where the laws passed by it are called Batas Pambansa 702 laws o Regular Batasang Pambansa or the second Batasan was the meeting of the parliament of the Philippines 181 lawa

*when martial law was declared, the Constitutional Convention, was in the process of drafting a new Constitution which Marcos proclaimed despite the protests and controversy. With the proclamation of a new Constitution, the presidential form of government was changed to a modified parliamentary form. Congress was abolished and was replaced by an elected unicameral national assembly known as the Batasang Pambansa with a maximum of 200 members who had a term of 6 years and were elected from different provinces. PROVISIONAL REPUBLIC o Batasang Pambansa was dissolved when Corazon Aquino became president who exercised legislative power. o Executive orders and presidential proclamations were issued and had the effect of statutes INTERREGNUM PERIOD CONGRESS OF THE PHILIPPINES o The 1987 constitution restored the presidential system of the government together with the bicameral congress

Consists of the Senate (24 senators; half of them are elected every 3 years) and the House of Representatives (maximum of 250 congressional representatives where there are two types: district and sectoral) (DISTRICT: represent a particular geographical district of the country while SECTORAL represent the minority sectors of the population or party list representatives who represent labor unions, rights groups and other orgs.) Laws enacted were Republic Acts

Civil or commercial laws enacted by the legislative bodies remained to be effected until repealed by subsequent ones POLITICAL LAWS ARE ABROGATED BY CHANGE OF SOVEREIGNTY Political law: branch of public law which deals with the organization and operation of the governmental organs of the state and defines the relations of the state with the inhabitants of its territory HOW A BILL BECOMES A LAW 1) Preparation of the bill- bill drafting division of the reference and research bureau prepares and drafts the bill upon the members request; it must have one subject matter expressed in the title 2) First reading- filed with the bills and index service; Secretary General read the title and the number of the bill 3) Committee consideration/actionevaluates it to determine the necessity of conducting public hearings; if there is a need for a public hearing, it schedules the time, issues public notices and invites resource persons from public and private sectors; if no public hearing is necessary, it schedules the bill for a committee discussion 4) Second reading- debate and amendment *a bill must undergo three readings on three separate days unless the president certifies a bill as urgent 5) Third reading- nominal voting; no more amendment 6) Transmittal of the approved bill to the senate 7) Senate action on approved bill of the house 8) Conference committee settle, reconcile or thresh out differences or disagreement on any provision of the bill 9) Transmittal of the bill to the president 10) Presidential action on the bill 11) Action on approved bill 12) Action on vetoed bill

STATUTES ENACTED BY THE LEGISLATIVE BODIES: (summary) Acts: statutes enacted by the Philippine Commission and the Philippine Legislature o Act # 3815 Revised Penal Code Commonwealth Acts: statutes enacted by the National Assemblies and the Commonwealth Congresses o CA # 1- National Defense Act Republic Acts: statutes enacted by the congresses of the Philippines o RA # 386 Civil Code of the Philippines Batas Pambansa: statutes enacted by the Interim and Regular Batansang Pambansa o BP blg. 22 Anti-Bouncing check law Presidential Decrees: enacted by Marcos and Corazon o PD 442 Labor code of the Philippines Executive Orders: issued by Corazon Aquino

LAWS ARE REPEALED ONLY BY SUBSEQUENT ONES

Chapter 3
BRIEF HISTORY OF THE SUPREME COURT Preceded by the Royal Audencia that had two branches civil and criminal Although a Filipino was always appointed chief justice, the majority of the members of the Supreme Court were Americans. Complete Filipinization was achieved only with the establishment of the commonwealth in 1935 The membership in the Supreme Court increased to 11 a chief justice and ten associate justices in 1935 Under the 1973 constitution, the membership of the Supreme Court was increased to 15 Under the 1987 Constitution, the constitution vests the judicial power in one Supreme Court and in such lower courts as may be established by law

Council; only natural-born citizen of the Philippines may hold a position on the Supreme Court or any lower court, they may hold office until the age of 70 COURT: an organ of the government whose function is the application of laws to controversies brought before it and the public administration of justice JUDICIARY FROM THE SUPREME COURT: Supreme court is a part of the Judiciary wherein they are composed of different courts in different levels SUPREME COURT FROM THE DEPARTMENT OF JUSTICE Supreme Court heads the judicial branch of the government; it has supervisory power over all trial courts, the CA, Sandiganbayan and the Court of Tax Appeals Department of Justice is a department of the executive branch; has supervisory power over all prosecutors and public defenders, the National Bureau of Investigation, Bureau of Immigration, Board of Pardons and Parole and Bureau of Corrections BAR FROM BENCH Bench: denote the body of judges taken collectively Bar: refers to the aggregate lawyers whose names are included in the Roll of Attorneys of the Supreme Court JUDGES AND JUSTICES Judges: presiding officers of the lower trial courts (Municipal and City courts, RTC and the Sharia Courts) Justices: judicial officers of the appellate court levels (CA, Sandiganbayan, Court of Tax Appeals and the SC) NO TRIAL BY JURY IN THE PHILIPPINES

OVERVIEW OF THE PHILIPPINE JUDICIAL SYSTEM The Filipino national court system consists of four levels: Local and regional trial courts; Court of Appeals; Supreme Court; an informal local system for arbitrating or mediating certain disputes outside the formal court system Sandiganbayan: Government anticorruption court system; hears criminal cases brought against senior officials. A Sharia: Islamic law court system, with jurisdiction over domestic and contractual relations among Muslim Citizen, operates in some Mindanao provinces. Supreme Court is comprised of a Chief Justice and 14 Associate Justices; their members are selected by the president from a list of nominees submitted by Philippine Judicial and Bar

In the Philippines follows the civil systems where there is no jury trial unlike in the common law countries like the US and UK LEVELS OF THE COURTS IN THE PHILIPPINES (Hierarchy of Courts)

SHARIA COURTS: In some provinces in Mindanao where the Muslim Code on Personal Laws is enforced COURT OF TAX APPEALS Has the exclusive appellate jurisdiction to review by appeal the decisions of the Commissioner of Internal Revenue and the Commissioner of Customs

SUPREME COURT

SANDIGAN BAYAN

Court of Appeals

Court of Tax Appeals

COA/ COMELEC

RTC

QUASI JUDICIAL BODIES

It acquired both the original and appellate jurisdictions over civil and criminal tax cases involving the National Internal Revenue Code, Tariff and Customs Code and the Local Government Assessment Code SANDIGANBAYAN Exclusive jurisdiction over violations of the AntiGraft and Corrupt Practices Act and other offenses or felonies committed by public officials and employees in relation to their office; cases where the penalty is more than 6 years of imprisonment or a fine of 6,000 Appellate jurisdiction over the decisions of the MTCs and the RTCs in cases of the same nature where the penalty prescribed by law is 6 years or less of imprisonment and a fine of less than 6,000 COURT OF APPEALS Cases by appeal from the RTC, quasi judicial agencies, board or commissions SUPREME COURT Highest court of the land TIME FRAME FOR THE COURT TO DECIDE CASES Supreme Court: within 24 months from the date of submission All lower collegiate courts: within 12 months All other lower courts: within 3 months

MTC

MUNICIPAL AND CITY COURTS Municipal Trial Courts: court covers one municipality Municipal Circuit Trial Courts: court covers two or more municipalities Metropolitan Trial Courts: municipal courts in Metro Manila Municipal Trial Court in Cities: courts in cities outside Metro Manila REGIONAL TRIAL COURT (formerly known as the Court of First Instance) In 13 regions of the Philippines, there are many RTC in them with a total of 720 RTCs They decide on cases coming from the MTC, MCTC, MTCC and MetroTC by appeal They exercise exclusive jurisdiction in all criminal cases not within the exclusive and original jurisdiction of any court, tribunal or body In civil cases, as long as the subject of the litigation is incapable of pecuniary estimation

JURISDICTION: power and authority of the court to hear, try and decide a case to determine a cause or right to act in a case usually given to a judge to take cognizance of and decide cases according to law and to carry his sentence into execution TERRITORIAL JURISDICTION: power of a judge in relation to his territory where it comprises the tract of land or district ACQUISITION OF JURISDICTION over the petitioner or plaintiff: filing of the complaint, petition or initiatory pleading before the court over the defendant: voluntary appearance by him over the subject matter: conferred by law over the res (thing): actual or constructive seizure

*Supreme court has three divisions who also have the same authority as the En Banc. By sitting in divisions, the Supreme Court further increases its capacity to dispose of cases pending before it FORUM SHOPPING: Direct filing with the court en banc while appeal is already filed with a division *Second appeal is allowed under the rules of procedures. Neither is a petition for certiorari available as a remedy under the rules for assailing the decision of the court itself. SUPREME COURT RESOLUTION: a decision or resolution of a Division of the Court, when concurred in by a majority of its members who actually took part in the deliberations on these issues in a case and voted thereon, and in no case without the concurrence of atleast 3 members SUPREME COURT MINUTE RESOLUTION: a minute resolution of dismissal of a petition for review on certiorari constitutes adjudication on the merits of the controversy or subject matter of the position PRELIMINARY INVESTIGATION: is vested on the Municipal Trial Courts and Municipal Circuit Trial Court on crimes alleged to have been committed within their respective territorial jurisdiction

CLASSIFICATION OF JURISDICTION General: refers to the power to adjudicate ALL controversies Limited: refers to the restricted power to adjudicate particular case and subject to such limits as may be provided by law Original: given to courts to take cognizance of cases which may be instituted in those courts in the first instance Appellate: jurisdiction which a superior court has to bear appeals of causes which have been tried in inferior courts Exclusive: which has alone the power to try or determine the suit, action or matter in dispute Concurrent: which may be entertained by several courts Civil: subject matter is not of a criminal nature Criminal: the court is to punish the crime

EN BANC: in the bench or full bench; it refers to a session where the entire membership of court will participate in the decision

CHAPTER 4
LAW: body of rules of action or conduct prescribed by a controlling authority and have binding legal force that which must be obeyed and followed by citizen subject to sanctions or legal consequences of law; :mosaic of the Philippine Constitution, statutes, treaties, Supreme Court decisions, administrative agency regulations, executive orders and local ordinances THREE CATEGORIES OF THE MOSAIC OF LAW: Statutory or Enacted Law: o Includes Philippine constitution and statures o Usually enacted by the legislative branch Case Law o Includes decisions of the Supreme court, the courts and the judicial bodies o Result of the Common Law System o Most of the time referred to as Jurisprudence or Judge Made Laws Administrative Law o Includes executive order issued by the president o Regulations issued by governmental regulatory agencies

Facilitate orderly change Facilitate planning Provide a basis for compromise Maximize individual freedom

PHILOSOPHY OF LAW CLASSICAL NATURAL LAW THEORY ACCORDING TO ST. THOMAS AQUINAS FOUR TYPES OF LAW FOR AQUINAS Eternal Law: laws of the universe the whole community of the universe is governed by divine reason Divine Law: the revealed word of God Natural Law: people know by reason Human Law: created by us for the purpose of carrying out natural law

AQUINAS PHILOSOPHY OF LAW: law is nothing else than an ordinance of reason, promulgated by one who has the care of the community (with the power to coerce to obey it) Ordinance of reason: law must have a goal For the Common Good: this is the goal of law Promulgated: the law must be made known to them Power to coerce to others: in order to prove an efficacious inducement to revenue

THEORIES OF LAW Classical Natural Law Theory Internal Morality of Law Classical Legal Positivism

PURPOSE OF THE LAW: establish standards that allow individuals to interact with the greatest efficiency and the least amount of conflict FUNCTIONS OF LAW: Keep the peace Shape moral standards Promote social justice Maintain the status quo

SOURCES OF PHILIPPINE LAWS Legislative Department Sources of Statutes o Statutes: declare rights and duties or command or prohibit certain conduct Judiciary Department Source of Case or Common Laws, Jurisprudence or Judge Made Laws

Case or Common Law- refers to the creation and refinement of law in the course of judicial decisions -often referred to as Jurisprudence -Common Law: laws created by courts in the absence of enacted law -Case Law: includes not only the law created by courts in the absence of enacted aw but also the law created when the courts interpret or apply enacted Executive Department Source of Rules and Regulations or Administrative Laws o Implementing rules and regulations: these are issued through subordinate legislation when the legislative branch delegates legislative power to the executive department o Ordinances: laws of local government bodies wherein the Executive Department also allows them to create their own laws o

HIERARCHY OF LAWS

1987 CONSTITUTION

STATUTE

IMPLEMENTING RULES AND REGULATIONS

COURT DECISIONS

DOCTRINE OF HIERARCHY OF LAWS: it cannot supersede the higher law CIVIL SYSTEM OR TRADITION: a legal system that has drawn its inspiration largely from the Roman Law heritage and which, by giving precedence to written law, has resolutely opted for a systematic codification of its general law *Jus civile: civil law Jus Gentium: law thought to be common to all the people TWO COMMON LAW DOCTRINES: for the consistency and stability to the common/case law Precedent: an earlier court decision on an issue that applies to govern or guide a subsequent court in determination of identical or similar issues based upon identical or similar facts Doctrine of Stare Decisis: a court must follow a previous decision of a higher court in the jurisdiction when the decision involves issues and facts similar to those involved in the previous decision

POWERS OF SUBORDINATE LEGISLATION OF THE EXECUTIVE: this enabling legislation usually includes a grant of authority to create rules and regulations necessary to carry out the law ADMINISTRATIVE LAWS: body of law; it is composed of the rules, regulations, orders and decisions promulgated by the administrative agencies where carrying out their duties; it deals with the details of implementing the law EXECUTIVE BRANCH AS A SOURCE OF LAW THROUGH: Treaties with the consent of the Senate Executive orders to regulate and direct national agencies and officials Implementing rules and regulations Municipal ordinances

CIVIL LAW AND COMMON LAW: Civil: every law of the country codified or written into law

-Separated into two parts: motifs (reasons) and dispositive (order) -civil judges are trained in special schools Common: referred to as unwritten law :common law judges are appointed from amongst the practicing lawyers RELATIONSHIP BETWEEN THE STATUTORY LAW AND CASE LAW Statute Law: law that has been created by congress in the form of legislation Case Law: refers to the creation and refinement of law in the course of judicial decisions PRIVATE AND PUBLIC LAW Private Law: governs the relationships among individual citizens wherein the matter can only be regulated by themselves Public Law: governs the relationship between the state and the people CIVIL LAW AND CRIMINAL LAW Civil Law: a form of private law and governs the relationships between individual citizen : governs the issues that arise between parties over private rights :procedural law takes effect when citizens bring a dispute to the legal system Criminal Law: an aspect of public law and relates to conduct which the state considers with disapproval and which it seeks to control : this is where a suit is brought by the government for violation or injury to public rights :the law enforcement agencies and prosecutors who are part of the legal system initiate a claim against a citizen

*Compensatory damages: the award of money should be sufficient to compensate the injured party for the reasonable cost of the injuries *injunctive relief: the guilty party may be ordered to act or refrain from acting in a certain way *Recovery of punitive damages: additional monies that the defendant is ordered to pay as a form of punishment. The reasoning behind punitive damages is that some actions are so grossly improper that the defendant should be punished in a way that will serve as an example to others who might contemplate the same wrongful conduct SUBSTANTIVE VERSUS PROCEDURAL LAW Without procedural law, substantive law could never be created but without substantive law, there would be no need for procedural law Procedural law: lays down the rules to enforce the rights and duties of the people Substantive law: defines the rights and duties of the people; creates and resolves the issue between parties

CHAPTER 5
BASIC REMEDIAL LAW PRINCIPLES Jurisdiction- is the power and authority of a court to hear, try and decide a case/ determine a cause or the right to act in a case. - Is a power constitutionally conferred upon a judge or magistrate, to take cognizance of and decide cause according to law and to carry his sentence into execution. Venue- is the place where the case is to be heard or tried. (In the criminal cases, the venue of the crime goes into the territorial jurisdiction of the court) JURISDICTION IS DIFFERENT FROM VENUE JURISDICTION Refers to the authority to hear and determine a case A matter of substantive law Established a relation between the court and subject matter Fixed by law and cannot be conferred by the parties VENUE Refers to the place or the court where the case is to be tries and heard A matter of procedural law Established a relation between plaintiff and defendant, or petitioner and respondent May be conferred by the act or agreement of the parties

: over the subject matter is conferred by law : over the res (thing) is acquired by actual or constructive seizure PAYMENT OF DOCKET FEE IS JURISDICTIONAL Civil cases filed before the court, proper docket fee have to be paid before the court will attain jurisdiction. ACTIONS- an ordinary suit in a court of justice, by which one party prosecutes another for the enforcement or protection of a right, or the prosecution or redress of a wrong. CLASSIFICATION OF ACTIONS REAL ACTIONS- those brought for the protection of real rights, specific recovery of lands, tenements, or one founded on privity of estate only. PERSONAL ACTIONS- those brought for the protection of real rights, specific recovery of goods and chattels; damage, contracts, injuries. MIXED ACTIONS- brought for protection or recovery of real property and also for an award for damages sustained. IN REM ACTION- directed against the thing itself. (Land Registration) IN PERSONAM ACTION- directed a particular person on the basis of his liability to establish a claim against him. (Action for breach of contract) QUASI IN REM ACTION- directed a particular person, but the purpose is to bar and bid not only said person but any other person who claims any interest in the property or right subject of the suit. (Judicial foreclosure of mortgage) -

HOW IS JURISDICTION IS ACQUIRED Jurisdiction of the court : over the plaintiff or petitioner is acquired by the filing of the complaint, petition, or initiatory pleading before the court by the plaintiff or petitioner (PERSONAL JURISDICTION) : over the defendant or respondent is acquired by the voluntary appearance by the defendant or respondent to the court or by service of summons

TRANSITORY ACTION- is one the venue of which depends generally upon the residence of the parties, regardless of where the cause of action arose. (Personal action) LOCAL ACTION- one required by the Rules of Court to be instituted in a particular place in the absence of an agreement to the contrary. (Real action) CIVIL ACTION- is one by which a party sues another for the enforcement of protection of a right, or the prevention or redress of a wrong. (may be ordinary or special) CRIMINAL ACTION- is one by which the State prosecutes a person for an act or omission punishable by law. SPECIAL PROCEEDINGS- is a remedy by which a party seeks to establish a status, a right, or a particular fact. COMMENCEMENT OF ACTION- is commenced by the filing of the original complaint in court.

RIGHT OF ACTION- is the right to commence and maintain an action. -In the law on pleading, right of action is distinguished from cause of action in that the former is remedial right belonging to some persons, while the latter is a formal statement of the operative facts that give rise to such remedial right. -The former is a matter of right and depends on the substantive law, while the latter is a matter of statement and is governed by the law of procedure. -The right of action springs from the cause of action, but does not accrue until all the facts which constitute the cause of action have accured. PARTIES TO CIVIL ACTION Who may be Parties; PLAINTIFF and DEFENDANT- only natural or juridical persons, or entities authorized by law may be parties in a civil action. PLAINTIFF- claiming party DEFENDANT- the original defending party, the defendant in a counterclaim, the crossdefendant, or the third (etc) party defendant. CLASSIFICATION OF PARTIES REAL PARTY IN INTEREST-is the party who stands to be benefited or injured by the judgment in the suit, or the party entitled to the avails of the suit. (Unless, authorized by law or these Rules, every action must be prosecuted or defended in the name of the real party in interest) INDISPENSIBLE PARTY- A person without whom no final determination can be had of an action PROPER PARTY- A necessary party is one who is not indispensable but who ought to be joined as a party if complete relief is to be accorded as to those already parties, or for a

CAUSES OF ACTIONS CAUSE OF ACTION- is the act or omission by which a part violates a right of another. Is the fact or combination of facts which affords a party a right to judicial interference in his behalf. Consist of two elements: (1) the plaintiffs primary right and the defendants corresponding primary duty, whatever may be the subject to which they relate (persons, character, property or contract) (2) the delict or wrongful act or omission of the defendant, by which the primary right and duty have been violated. determined not by the prayer of the complaint but by the facts alleged.

complete determination of settlement of the claim subject of the action. PRO FORMA PARTY- A husband or wife who is required to be joined in suits by or against his spouse QUASI-PARTIES- Those in whose behalf a class or representative suit is brought REPRESENTATIVES AS PARTIES. Where the action is allowed to be prosecuted or defended by a representative or someone acting in a fiduciary capacity, the beneficiary shall be included in the title of the case and shall be deemed to be the real part in interest INDIGENT PARTY- A party may be authorized to litigate his action, claim or defense as an indigent if the court, upon an ex parte application and hearing, is satisfied that the party is one who has no money or property sufficient and available for food, shelter, and basic necessities for himself and for his family. (Exemption from payment of docket and other lawful fees, and of transcripts of stenographic notes which the court may order to be furnished him. CLASS SUIT- when the subject matter of the controversy is one of common or general interest to many persons so numerous that it is impracticable to join all as parties, a number of them which the court finds to be sufficiently numerous and representative as to fully protect the interests of all concerned ay sue or defend for the benefit of all. VENUE OF ACTIONS VENUE OF REAL ACTIONS- actions affecting title to or possession of real property, or interest therein, shall be commenced and tried in the proper court which has jurisdiction over the area wherein the real property involved, or a portion thereof, is situated. VENUE OF PERSONAL ACTIONS- All other actions may be commenced and tried where the plaintiff or nay of the principal plaintiffs resides, or where the defendant or any of the principal

defendants resides, or in the case of nonresident defendant where he may be found, at the election of the plaintiff. VENUE OF ACTIONS AGAINST NONRESIDENTS- The action affects the personal status of the plaintiff, or any property of said defendant located in the Philippines, the action may be commenced and tried in the court of the place where the plaintiff resides, or where the property or any portion thereof is situated or found. CRIMINAL ACTION AND CRIMINAL LAW CRIMINAL ACTION- is one by which the State prosecutes a person for an act or omission punishable by law CRIMINAL LAW- the RPC is the most important but not only source of criminal laws (ACT 3815). Book one: basic principles affecting criminal liability (ART 1-20), and the provisions on penalties (ART 21-113) Book two: defines the felonies with the corresponding penalties, and the felonies are classified and grouped under 14 titles. Special laws: enacted by Congress which penalize specific acts not included in the RPC. CIVIL ACTIONS ORDINARY CIVIL ACTION- is one by which a part sues another for the enforcement or protection of a right, or the prevention or redress of a wrong. SPECIAL CIVIL ACTION- is also governed by the rules for ordinary civil actions, subject to the specific rules prescribed for a special civil action CRIMINAL ACTION DISTINGUISHED FROM CIVIL ACTION CRIMINAL ACTION Is one by which the State prosecutes a person for an act or CIVIL ACTION Is one by which a party sues another for the enforcement or

omission punishable by law Is commenced by a complaint or information filed by the fiscal Is brought in the name of the state with the private complainant as a mere witness for the state

protection of a right, or the prevention or redress of a wrong Is commenced by a complaint or petition by a private person Is brought in the name of the real part in interest

pleading of the claimant would nevertheless prevent or bar recovery by him. SECTION 6. Counterclaim -Is any claim which a defending party may have against an opposing party. SECTION 7. Compulsory counterclaim -Is one which, being cognizable by the regular courts of justice, arises out of or is connected with the transaction or occurrence constituting the subject matter of the opposing partys claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction. SECTION 8. Cross-claim Is any claim by one part against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein. Such cross-claim may include a claim that the party against whom it is asserted is or may be liable to the crossclaimant for all or part of a claim asserted in the action against the cross-claimant. SECTION 9. Counter-counterclaims and counter-cross-claims A counter claim may be asserted against an original counter-claimant A cross-claim may also be files against an original cross-claimant SECTION 10. Reply -Is a pleading, the office or function of which is to deny, or allege facts in denial or avoidance of new matters alleged by way of defense in the answer and thereby join or make issue as to such new matters. If a party does not file such reply all the new matters alleged in the answer are deemed controverted. If the plaintiff wishes to interpose any claims arising out of the new matters so alleged, such claims shall be set forth in an amended or supplemental complaint.

KINDS OF PLEADING (rule 6 of the 1997 Rules of Civil Procedure) SECTION 1. Pleadings defined PLEADINGS- are the written statements of the respective claims and defences of the parties submitted to the court for appropriate judgment. SECTION 2. Pleadings allowed The claims of a party are asserted in a complaint, counterclaim, cross-claim, third (fourth etc) party complaint, or complaint-in-intervention. The defences of a part are alleged in the answer to the pleading asserting a claim against him SECTION 3. Complaint -Is the pleading alleging the plaintiff cause or causes of action. The names and residences of the plaintiff and defendant must be stated in the complaint. SECTION 4. Answer -Is a pleading in which a defending party sets forth his defences SECTION 5. Defences NEGATIVE DEFENSE- the specific denial of the material fact or facts alleged in the pleading of the claimant essential to his cause/s of action AFFIRMATIVE DEFENSE- is an allegation of a new matter which, while hypothetically admitting the material allegations in the

SECTION 11. Third, (fourth, etc)- Party complaint.- A third (fourth, etc) -party complaint is a claim that a defending party may, with leave of court, file against a person not a party of the action, called the third (fourth, etc.)- party defendant, for contribution, indemnity, subrogation or any other relief in respect of his opponents claim. SECTION 12. Bringing new parties. When the presence of parties other than those to the original action is required for the granting of complete relief in the determination of a counterclaim or cross-claim, the court shall order them to be brought in as defendants, if jurisdiction over then can be obtained. SECTION 13. Answer to third (fourth, etc.)-party complain- A third (fourth, etc.) -Party defendant may allege in his answers his defences, counterclaims or cross-claims, including such defences that the third (fourth, etc.) party plaintiff may have against the original plaintiffs claim. PARTS OF PLEADINGS (rule 7 of the 1997 Rules of Civil Procedure) SECTION 1. Caption -sets forth the name of the court, the titles of the action, and the docket number of assigned -The title of the action indicates the names of the parties; their respective participation in the case shall be indicated. SECTION 2. The body -the body of the pleadings sets forth its designation, the allegations of the partys claims or defences, the relief prayed for, and the date of the pleading (a) Paragraphs (b) Headings (c) Relief

(d) Date SECTION 3. Signature and address Every pleading must be signed by the party or counsel representing hum, stating in either case his address which should not be a post office box. The signature of counsel constitutes a certificate by him that he has read the pleading; that to the best of his knowledge, information, and belied there is good ground to support it; and that it is not interposed for delay. An unsigned pleading produces no legal effect. SECTION 4. Verification A pleading is verified by an affidavit that the affiant has read the pleading and that the allegations therein are true and correct of his knowledge and belief. A pleading required to be verified which contains a based on information and belief, or upon knowledge, information and belief, or lacks a proper verification shall be treated as an unsigned pleading. SECTION 5. Certification against forum shopping The plaintiff or principal party shall certify under oath in the complaint or other initiatory pleading asserting a claim for relief or in a sworn certification annexed thereto and simultaneously filed therewith: (a) that he has not theretofore commenced any action or filed any claim involving the same issues in any court, tribunal or quasi-judicial agency and, to the best of his knowledge, no such other action or claim is pending therein; (b) if there is such other pending action or claim, a complete statement of the present status thereof; (c) if he should thereafter learn that the same or similar action or claim has been filed or is pending, he shall report that fact within five (5) days therefrom to the

court wherein his aforesaid complaint or initiatory pleading has been filed Failure to comply with the foregoing requirements shall not be curable

CHAPTER 6
CONSTITUTIONAL AND STATUTORY BASIS OF LEGAL PRACTICE -The 1987 Constitution provides that practice of all professions in the Philippines shall be limited to Filipino citizens, save in cases prescribed by law. This includes the practice of legal profession in the Philippines. Section 14 of Article XII of the 1987 Philippine Constitution. -The admission to the bar is indisputably a judicial function by responsibility. -The Constitution has given the Supreme Court the authority to promulgate rules concerning the admission to the practice of law in the Philippines under Section 5, Article VIII. PRACTICE OF LEGAL PROFESSION IS A PRIVELEGE AND NOT A NATURAL RIGHT -It is necessary as a matter of policy and in the interests of public safety and welfare to provide laws and provisions covering the granting of the privilege and its subsequent use and control, and to provide regulations to the end that the public shall be promoted and that the public shall be properly protected against unprofessional, improper unauthorized and unqualified practice of the legal profession and from unprofessional conduct by persons licensed to practice law. REQUIREMENTS FOR ADMISSION TO THE BAR -A citizen of the Philippines -At least twenty-one (21) years of age -Of good moral character -A resident of the Philippines -Must produce before the Supreme Court satisfactory evidence of good moral character -No charges against him involving moral turpitude have been filed or are pending in any court in the Philippines. (Additional: Section 9, Rule 138 of the Rules of Court)

ADMISSION AND OATH OF SUCCESSFUL APPLICANTS An applicant who has passed the required examination or has been otherwise found to be entitled to admission to the bar, shall take and subscribe before the Supreme Court the corresponding oath of office DEFINITION OF PRACTICE OF LEGAL PROFESSION Case: Cayetano V. Monsod (201 SCRA 210)
Facts Monsod (respondent) was nominated by President Corazon C. Aquino to the position of Chairman of the COMELEC in a letter received by the Secretariat of the Commission on Appointments. Cayetano (petitioner) opposed the nomination because allegedly Monsod does not possess the required qualification of having been engaged in the practice of law for at least ten years. The 1987 Constitution provides in Section 1 (1), Article IX-C: There shall be a Commission on Elections composed of a Chairman and six Commissioners who shall be natural-born citizens of the Philippines and, at the time of their appointment, at least thirty-five years of age, holders of a college degree, and must not have been candidates for any elective position in the immediately preceding -elections. However, a majority thereof, including the Chairman, shall be members of the Philippine Bar who have been engaged in the practice of law for at least ten years. Challenging the validity of the confirmation by the Commission on Appointments of Monsods nomination, petitioner filed a petition for Certiorari and Prohibition praying that said confirmation and the consequent appointment of Monsod as Chairman of the Commission on Elections be declared null and void because Monsod did not meet the requirement of having practiced law for the last ten years. Issue Whether or not Monsod satisfies the requirement of the position of Chairman of the COMELEC. Held: The practice of law is not limited to the conduct of cases in court. A person is also considered to be in the practice of law when he: . . . for valuable consideration engages in the business of advising

person, firms, associations or corporations as to their rights under the law, or appears in a representative capacity as an advocate in proceedings pending or prospective, before any court, commissioner, referee, board, body, committee, or commission constituted by law or authorized to settle controversies. Otherwise stated, one who, in a representative capacity, engages in the business of advising clients as to their rights under the law, or while so engaged performs any act or acts either in court or outside of court for that purpose, is engaged in the practice of law. Atty. Christian Monsod is a member of the Philippine Bar, having passed the bar examinations of 1960 with a grade of 86.55%. He has been a dues paying member of the Integrated Bar of the Philippines since its inception in 1972-73. He has also been paying his professional license fees as lawyer for more than ten years. Atty. Monsods past work experiences as a lawyer-economist, a lawyer-manager, a lawyerentrepreneur of industry, a lawyer-negotiator of contracts, and a lawyer-legislator of both the rich and the poor verily more than satisfy the constitutional requirement that he has been engaged in the practice of law for at least ten years. -The practice of law is not limited to the conduct of cases in court -Practice of law means any activity, in or out of court, which requires the application of law, legal procedure, knowledge, training and experience. To engage in the practice of law is to perform those acts which are characteristics of the profession. Generally, to practice law is to give notice or render any kind of service, which device or service requires the use in any degree of legal knowledge or skill (111 ALR 23) *In Cayetano v. Monsod, supra, the Supreme Court applied the so-called modern concept of the practice of law instead of the traditional or stereotypical notion of law practice in upholding the appointment of Monsod as the COMELEC Chairman

allowed by law. The advertisements complained of by herein petitioner are as follows: Annex A SECRET MARRIAGE? P560.00 for a valid marriage. Info on DIVORCE. ABSENCE. ANNULMENT. VISA. THE Please call: 521-0767, LEGAL 5217232, 5222041 CLINIC, INC. 8:30 am-6:00 pm 7-Flr. Victoria Bldg. UN Ave., Mla. Annex B GUAM DIVORCE DON PARKINSON an Attorney in Guam, is giving FREE BOOKS on Guam Divorce through The Legal Clinic beginning Monday to Friday during office hours. Guam divorce. Annulment of Marriage. Immigration Problems, Visa Ext. Quota/Non-quota Res. & Special Retiree's Visa. Declaration of Absence. Remarriage to Filipina Fiancees. Adoption. Investment in the Phil. US/Foreign Visa for Filipina Spouse/Children. Call Marivic. THE LEGAL CLINIC, INC. 7 F Victoria Bldg. 429 UN Ave. Ermita, Manila nr. US Embassy Tel. 521-7232521-7251 522-2041; 521-0767

Case: Ulep v. The Legal Clinic, Inc. (223 SCRA 378)


Facts Mauricio C. Ulep, petitioner, prays this Court "to order the respondent, The Legal Clinic, Inc., to cease and desist from issuing advertisements similar to or of the same tenor as that of Annexes `A' and `B' (of said petition) and to perpetually prohibit persons or entities from making advertisements pertaining to the exercise of the law profession other than those

It is the submission of petitioner that the advertisements above reproduced are champertous, unethical, demeaning of the law profession, and destructive of the confidence of the community in the integrity of the members of the bar and that, as a member of the legal profession, he is ashamed and offended by the said advertisements, hence the reliefs sought in his petition as herein before quoted. In its answer to the petition, respondent admits the fact of publication of said advertisements at its instance, but claims that it is not engaged in the practice of law but in the rendering of "legal support services" through paralegals with the use of modern computers and electronic machines. Respondent further argues that assuming that the services advertised are legal services, the act of advertising these services should be allowed supposedly in the

light of the case of John R. Bates and Van O'Steen vs. State Bar of Arizona, reportedly decided by the United States Supreme Court on June 7, 1977. Issue Whether or not the services offered by respondent, The Legal Clinic, Inc., as advertised by it constitutes practice of law and, in either case, whether the same can properly be the subject of the advertisements herein complained of. Held: Yes. The Supreme Court held that the services offered by the respondent constitute practice of law. The definition of practice of law is laid down in the case of Cayetano vs. Monsod, as defined: Black defines "practice of law" as: "The rendition of services requiring the knowledge and the application of legal principles and technique to serve the interest of another with his consent. It is not limited to appearing in court, or advising and assisting in the conduct of litigation, but embraces the preparation of pleadings, and other papers incident to actions and special proceedings, conveyancing, the preparation of legal instruments of all kinds, and the giving of all legal advice to clients. It embraces all advice to clients and all actions taken for them in matters connected with the law." The contention of respondent that it merely offers legal support services can neither be seriously considered nor sustained. Said proposition is belied by respondent's own description of the services it has been offering. While some of the services being offered by respondent corporation merely involve mechanical and technical know-how, such as the installation of computer systems and programs for the efficient management of law offices, or the computerization of research aids and materials, these will not suffice to justify an exception to the general rule. What is palpably clear is that respondent corporation gives out legal information to laymen and lawyers. Its contention that such function is nonadvisory and non-diagnostic is more apparent than real. In providing information, for example, about foreign laws on marriage, divorce and adoption, it strains the credulity of this Court that all that respondent corporation will simply do is look for the law, furnish a copy thereof to the client, and stop there as if it were merely a bookstore. With its attorneys and so called paralegals, it will necessarily have to explain to the client the intricacies of the law

and advise him or her on the proper course of action to be taken as may be provided for by said law. That is what its advertisements represent and for which services it will consequently charge and be paid. That activity falls squarely within the jurisprudential definition of "practice of law." Such a conclusion will not be altered by the fact that respondent corporation does not represent clients in court since law practice, as the weight of authority holds, is not limited merely to court appearances but extends to legal research, giving legal advice, contract drafting, and so forth. That fact that the corporation employs paralegals to carry out its services is not controlling. What is important is that it is engaged in the practice of law by virtue of the nature of the services it renders which thereby brings it within the ambit of the statutory prohibitions against the advertisements which it has caused to be published and are now assailed in this proceeding. The standards of the legal profession condemn the lawyer's advertisement of his talents. A lawyer cannot, without violating the ethics of his profession, advertise his talents or skills as in a manner similar to a merchant advertising his goods. The proscription against advertising of legal services or solicitation of legal business rests on the fundamental postulate that the practice of law is a profession. The canons of the profession tell us that the best advertising possible for a lawyer is a wellmerited reputation for professional capacity and fidelity to trust, which must be earned as the outcome of character and conduct. Good and efficient service to a client as well as to the community has a way of publicizing itself and catching public attention. That publicity is a normal by-product of effective service which is right and proper. A good and reputable lawyer needs no artificial stimulus to generate it and to magnify his success. He easily sees the difference between a normal by-product of able service and the unwholesome result of propaganda.

*In this case, the Supreme Court ruled that the act of giving out legal information, for example, about foreign laws on marriage, divorce and adoption by attorneys and even by the so-called paralegals falls within the jurisprudential definition of practice of law. LEGAL RESEARCH IS AND ESSENTIAL LAWYERING SKILL The ability to conduct legal research is essential for lawyers, regardless of area or type of practice. The most basic step in legal research is to find

the leading case governing the issues in question. (Best, 2007) STANDARD OF LEGAL RESEARCH REQUIRED CANON 5- a lawyer shall keep abreast of legal developments, participate in continuing legal education programs, support efforts to achieve high standards in law schools as well as in the practical training of law students and assist in disseminating information regarding the law and jurisprudence. LEGAL RESEARCHER SUSPENDED FOR SLOPPY JOB Case: Domingo-Regala v. Sultan
Facts: Judge Leah Domingo-Regala, Regional Trial Court, Branch 226, QC, has charged Ma. Donna Y. Sultan, Legal Researcher of the same court, with Inefficiency, Habitual Absenteeism, Tardiness, Falsification of Daily Time Record, Dishonesty, and Conduct Prejudicial to the Service. Court of Administration requested petitioner to comment on the unauthorized leave of absence of respondent but said absences were the subject of a letter by respondent addressed to the Office of the Court Administrator (OCA) complaining the disapproval by petitioner of her applications for leave. Petitioner alleges that respondent is guilty of habitual absenteeism as defined by the Administrative Circular No. 1-91 for having incurred unauthorized absences exceeding the allowable 2.5 days monthly leave credits for at least three (3) months in a semester. Petitioner claims that respondent has always been tardy in reporting for work and signs the office logbook with a time earlier than that of her actual arrival; she (respondent) cannot carry out proper legal research; she added that the respondent extended her leaves without even filing a leave in advance; she claims that as a law graduate, she at least has the basic knowledge of law and legal research. The Office of the Court Administrator (OCA) assigned an investigating Judge to investigate the case. The investigating judge recommended that the respondent be reprimanded for incompetence. However, he left the determination of penalty for habitual absenteeism to the OCA. In a report, the OCA affirmed his findings on the respondents inefficiency, and habitual absenteeism but overturned his recommendation absolving the

respondent from the charge of conduct prejudicial to the service. Issue: WON the findings of OCA correct Held: Held: Yes. The investigating judge observed that for a law graduate with no academic background on legal bibliography and no professional background on legal research, one could expect her seeking of guidance from her judge, and the branch clerk of court, in the course of her work. As enunciated by the Court in several cases, no other office in the government service exacts a greater demand for moral righteousness and uprightness from an employee than the judiciary. The conduct and behavior of everyone connected with an office charged with the dispensation of justice, from the presiding judge to the lowliest clerk, must always be beyond reproach and must be circumscribed with the heavy burden of responsibility. Public officers must be accountable to the people at all times and serve them with the utmost degree of responsibility and efficiency. Any act which falls short of the exacting standards for public office, especially on the part of those expected to preserve the image of the judiciary, shall not be countenanced. It is the imperative and sacred duty of each and everyone in the court to maintain its good name and standing as a true temple of justice. The court adopted the findings of the Office of the Court Administrator, but modifies the penalty. The respondent was to be suspended from service for three (3) months without pay. She was also sternly warned that a repetition of the same acts would be dealt with more severely.

Chapter 7
INTRODUCTION TO LEGAL RESEARCH LEGAL RESEARCH- is the search for authority that can be applied to a given set of facts and issues. - is the process of identifying and retrieving information necessary to support legal decision-making - includes each step of a course of action that begins with an analysis of the facts of a problem and concludes with the application and communication of the results of the investigation LEGAL ANALYSIS- is the process of determining how the law applies to the problem Legal research and analysis- involve determining how the law applies to the facts of the case, which in turn requires knowledge of what the law is, how to find it, and the general principles that govern its application. LEGAL RESEARCH DIFFER FROM RESEARCH IN OTHER CONTEXTS In the process of researching a legal issue, consult: PRIMARY SOURCES -Statutes( legislative enactments) -Cases (Opinions of the judiciary) -Regulatory materials (Administrative agency regulations and decisions LEGAL AUTHORITY Purpose: is to find the authority that will aid in finding a solution to a legal problem. Process: Legal research and analysis requires a determination of what law applies to a legal question and how it applies. TYPES OF LEGAL AUTHORITIES

PRIMARY LEGAL AUTHORIES- are authorized statements of law issued by governmental bodies. -Official pronouncements of the law by the legislative branch (constitution and statutes), judicial branch (cases), and executive branch (treaties, executive orders, administrative rules and regulations, ordinances) -Mandatory (binding)/ Persuasive (nonbinding) -are the rules of law and are binding upon the courts, government, and individuals MANDATORY AUTHORITY- involves a knowledge of which law-making bodies issue legal authority for a particular jurisdiction. *The concept of jurisdiction initially involves a determination of whether an issue that arises in a particular geographic location is governed by national law. *Mandatory statutory authority must be followed; mandatory judicial authority must be followed under the principle of Stare Decisis, unless the court decides that changed circumstances warrant a different outcome. PERSUASIVE PRIMARY AUTHORITY- can include court decisions of other jurisdiction, which do not have to be followed but which may be used as examples of good reasoning. HIERARCHY OF LAWS -exists between the two primary sources of law: enacted law and common law. *A court decision may interpret a legislative act, but it cannot overrule an act unless it is determined that the act violates the constitution. SECONDARY LEGAL AUTHORITIES- are descriptions of, or commentary on, the law.

-includes law review articles, treatises, Restatements of the Law, legal encyclopaedias and other similar items. -Secondary sources can be used only as persuasive authority. (vary widely in their relative weight as persuasive authority) -is commentary on the law that does not have binding effect but aids in explaining what the law is or should be. PRIMARY AUTHORITY AND SECONDARY AUTHORITY DISTINGUISHED. TYPES OF AUTHORITY Primary Authority The law itself, such as constitutions, statutes, ordinances, administrative rules and regulations, and court decisions Secondary Authority A source a court may rely on that is not the law, such as legal books, legal encyclopedias, restatements of the law, treatises, and law review articles.

The determination of whether an enacted law applies to govern a legal question or issue before a court is addressed will need the following 3step process: Step 1: Identify all the laws that may govern the question. Step 2: Indentify the elements of the law or statute. Step 3: Apply the facts of the case to the elements. ROLES OF AUTHORITY Primary Authority A source of law court must rely on when reaching a decision, such as an enacted law (statute, ordinance, and case laws) that governs the legal questions being addressed, or an opinion of a higher court in the jurisdiction that addressed the same or a similar legal question and facts Secondary Authority Any authority a court is not bound to consider or follow but may consider or follow when reaching a decision, such as a opinion of a court in another state on the same or a similar issue, or a secondary authority source (encyclopedia article, legal dictionary definition, legal books, and so on.)

MANDATORY OR BINDING AUTHORITY AND PERSUASIVE AUTHORITY DISTINGUISHED. Mandatory or Binding authority- is an authority that the court MUST follow. Persuasive Authority- is one which the court MAY OPTIONALLY follow. Primary Authority- are binding upon the court, agency or tribunal that may be deciding the legal issue one is researching. -it is binding because if ones argument relies upon or citied the constitution, a statute, a case, or and administrative regulation that is relevant to a legal issue, it must be followed *all other authorities (secondary authorities) are persuasive only.

MANDATORY CASE LAWS -The court decision must be on point -The court decision must be written by a higher court in that jurisdiction(usually the Supreme Court of the Philippines)

A PRIMARY AUTHORITY IS NOT ALWAYS BINDING; ISSUE ABOUT JURISDICTION (P.138) SECONDARY AUTHORITIES ARE USEFUL LEGAL RESEARCH TOOLS (P.138) SOURCES OF AUTHORITIES 2 principal ways: through legislative action and through court action. 2 primary sources of law in the Philippines: enacted law or statute, and common or case law. 1. 2. 3. 4. 5. Legislature Supreme Court Administrative Bodies Local Government Units The President Of The Republic

Municipal Laws and Ordinances

Executive

Secondary Authorities (persuasive) Dictionaries Annotations Encyclopedias Law Review Articles Periodical Publications Treatises and texts Attorneys general opinions Restatements Foreign sources Form books Practice guides

THE LEGAL RESEARCH PROCESS -Legal research is not a linear process. STEPS:

FORMS OF LEGAL INFORMATION PRIMARY SOURCES- publication which contain the original decisions and actions of legislative, judicial, and administrative bodies SECONDARY SOURCES- publication that describe, explain, or analyze the law (scholars, lawyers and other commentators and have no official legal authority i.e. textbook, treatises, encyclopedias, commentaries, journal articles, indexes, and other publication. *DO NOT CONFUSE PRIMARY OR SECONDARY AUTHORITIES FROM PRIMARY OR SECONDARY SOURCES.

1. 2. 3.

4. 5. 6. 7. 8.

Analyze the facts and formulate a preliminary statement of issues. Familiarize yourself with the court structure of the jurisdiction. Conduct background research to get an overview of the subject area, identify issues and terms, and get clues to primary sources. Search for legal authority using appropriate method of updating. Read and evaluate primary authorities. Make sure cases are still good law and you have the current version of statutes. Refine analysis and formulate conclusion. Complexity of Modern Legal Research

Primary Authorities (mandatory/binding) and Sources

Authorities
Constitutions Statutes Case Laws/ Jurisprudence Administrative Regulations Executive Order Treaties Presidential Decrees

Source
Legislature Legislature Judiciary Executive Executive Executive Executive

Chapter 8
Law Library is the Law Laboratory. -is the law students laboratory. Types of law libraries PUBLIC LAW LIBRARY 1. Law school library 2. Court library 3. Government or Agency Law Libraries. PRIVATE LAW LIBRARY 1. Law school library 2. Bar Association and Private Group Law libraries. 3. Law firm libraries. Using the Libraries Arrangement of Law Libraries Library Catalogs Library of Congress Classification Law Library Collection Law Library Staff Law Library Courtesy Library Rules 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Visitor Registration Checking Out Materials Shelving Fines and Overdue Materials Late fees Drinks, Food and tobaccoprohibited Lost and Found Noise and Disruptive behaviour Personal Valuables Restrooms Telephones Cell Phones, Pagers, Laptop computers.

CHAPTER 9
LEGAL CITATION

Legal Research on the Internet 1. Electronic Law Library a. The Supreme Court ELibrary

Chapter 10
COMPUTER ASSISTED LEGAL RESEARCH (CALR) Electronic Research Basics a. Completeness b. Structure c. Linguistic Difficulties d. Efficiency Measures e. Search Approaches 2. Boolean Searching- is used to construct search statements using logical connectors. a. The three basic logical operators are: i. AND. Terms on both sides of the connector must be present somewhere in the document in order to be retrieved ii. OR. If one of the terms connected by the OR connector appears in a document, that document will be retrieved iii. NOT. Documents containing the term after the NOT operator will not be retrieved. b. Proximity connectors help with this difficulty. i. WITHIN. ii. PRE iii. ADJ c. Most search engines have some methods for dealing with word variations i. Root Expander (!) ii. Universal character (*) iii. Singular/Plural forms of a word. 3. Field and segment searching 4. Lex libris, lexis and Westlaw Basics- are established components of legal research; it is no longer cutting-edge to 1. -

be proficient in using these databases; it is mandatory. LEX LIBRIS- contains Philippine Laws and Jurisprudence LEXIS and WESTLAW- contains American Laws and Jurisprudence. Advantages: Focused, Reliable Content Search Engines that index the Entire Database - Search Mechanisms that Remain Consistent - Highly Structures Format -

5.

Lex Libris: Organization of Materials 1. Volume 1. Laws (Philippine Edition) 2. Vol. 2. Taxation (Philippine Edition) 3. Vol. 3. Jurisprudence (The Supreme Court Reports) 4. Vol. 4. Department of Justice (Opinions of the Secretary) 5. Vol. 5. Local Autonomy and Local Government 6. Vol. 6. Environment and Natural Resources 7. Vol. 7. Labor and Social Legislation 8. Vol. 8. Elections 9. Vol. 9. Trade Commerce and Industry 10. Vol. 10. Securities and Exchange Commission 11. Vol. 11. Family Law 12. Lex Libris Student Edition 13. Bangko Sentral Ng Pilipinas 14. The National Administrative Register ( 1990 TO 2000) 15. Proceedings of the 1986 Constitutional Commission 16. Impeachment Proceedings against Pres. Joseph Estrada. 17. Lex Libris Bulletins

6. Westlaw : Organization of Materials (179) 7. Lexis: Organization of Materials (180) 8. Selecting Databases/Sources (180) 9. Composing Lex Libris, Lexis, and Westlaw Searches a. Define your issues b. Select search terms c. To search for phrases using terms and connectors d. Relate you terms logically e. Order the connectors properly f. Evaluate your search g. Field Searching 10. Quick Tips for Composing Online Searches a. Terms and connectors searching b. Define issues c. Select search terms d. Relate Terms logically and order connectors properly e. Select source (Lexis) or database (Westlaw) f. Limit your search to a field/segment and use date restrictions when appropriate g. Run your search and evaluate your results h. Use locate (Westlaw) or focus (Lexis) to look for specified terms within your search result i. Natural language searching j. Define you issues k. Decide how to express your search l. Select your source (Lexis) or database (Westlaw) 11. Internal research 12. Strategies For Internet Research a. Learn how your Favorite Research Engines Operate b. Use more than one Search Engine for Important Project c. Plan your Searches d. Evaluate Reliability

CHAPTER 11
1. CONSTITUTIONAL LAW RESEARCH i. Background of the 1987 Constitution -1986, EDSA Revolution - ousted Ferdinand Marcos - Inauguration of Corazon Aquino -Proclamation No.3, declaring a national policy to implement the reforms mandated by the people, protecting their basic rights, adopting a provisional constitution and providing for an orderly translation to a government under a new constitution. -Proclamation No. 9, creating a Constitutional Commission to frame a new constitution which took effect during the martial law regime imposed by her predecessor. -President Aquino appointed 50 members to the Commission. Read the rest (p. 196) ii. 1987 CONSTITUTION (17 articles) PREAMBLE ARTICLE I: National Territory ARTICLE II: Declaration of Principles and State Policies ARTICLE III: Bill of Rights ARTICLE IV: Citizenship ARTICLE V: Suffrage ARTICLE VI: Legislative Department ARTICLE VII: Executive Department ARTICLE VIII: Judicial Department ARTICLE IX: Constitutional Commissions ARTICLE X: Local Government ARTICLE XI: Accountability of Public Officers ARTICLE XII: National Economic and Patrimony ARTICLE XIII: Social Justice and Human Rights ARTICLE XIV: Education, Science and Technology, Arts, Culture, and Sports

ARTICLE XV: The Family ARTICLE XVI: General Provisions ARTICLE XVII: Amendments or Provisions ARTICLE XVIII: Transitory Provisions

iii. Constitutional Law Research -The broad topic of constitutional law deals with the interpretation and implementation of the Philippine Constitutions. -A good way to conduct Constitutional Law Research is to look at the Constitutional Convention proceedings. The Constitutional Convention proceedings provide for the intent and background of each provision of the Constitution. iv. Steps in Constitutional Research i. Step 1: Find a good constitutional law ii. Step 2: Find a good case iii. Step 3: Find other relevant cases v. Textbooks/Treaties i. 1987 Constitution ii. Provisional/Freedom Constitution (Proclamation No. 3, s. 1986) iii. 1973 Constitution iv. 1935 Constitution v. Comparative vi. Constitutional research via the Internet vii. Constitutional Convention Proceedings viii. Other websites with full texts of the Philippine Constitutions 2. STATUTES i. Definition of Law. Law- is a body of rules of action or conduct prescribed by controlling authority, and having binding the legal force; must be obeyed and followed by citizens subject to sanctions or legal consequences is a law. ii. Philippine Statutes include: i. Statutes enacted by legislature;

ii. Presidential Decrees (PD) and Executive Orders (EO) issued by the President in the exercise of legislative power; iii. Rulings of the Supreme Court interpreting the law; iv. Rules and regulations promulgated by administrative or executive officers pursuant to delegated power; v. Ordinances passed by Sanggunians of local government units iii. Sources of Philippine Statutes Statutes- is an act of the legislature as an organized body politic, expressed in the form, and passed according to procedure, require to constitute it as a part of the law of the land i. Philippine Commission- Public Acts ii. Philippines LegislatureCommonwealth Acts iii. Batasang Pambansa- Batas Pambansa iv. Congress of the PhilippinesRepublic Acts v. P.D.s issued by the President during the Martial Law Period vi. E.O.s issued by the President during the revolutionary period. vii. Sharias Law iv. Philippines Legislative Enactments i. Acts- 4,275 public acts enacted by the Philippines Assembly from 1901-1935. (Act No.___) ii. Commonwealth Acts- 733 laws passed from 1935-1946. (Commonwealth Act No. ___) iii. Batas Pambansa- 844 laws passed by the Batasang Pambansa (Philippine Parliament) from 1979-1985 (Batas Bilang ___) iv. Presidential Decrees- 2,034 enactments of the President from 1972-1986 when the Philippines

was under Martial Law. (Presidential Decree No. ___) v. Republic Acts- Congressional enactments from the declaration of Philippine Independence in 1946 until the declaration resumed in 1987 when the present congress was organized under the 1987 Constitution. 9,482 R.A. (Republic Act No. ___) vi. Executive Orders- 302 E.O. (Executive Order No. ___) vii. Sharias Law v. Primary And Secondary Statutory Authorities i. Primary Statutory Authorities- are official enactments of the Congress of the Philippines , and the ordinances and laws of the local governments. Statutory law: Constitution, treaties, statutes proper or legislative enactments, municipal charters, municipal legislation. Mandatory (Binding) Persuasive (Non-Binding) are the rules of law and binding upon the courts, government, and individuals

ii. Secondary Statutory Authoritiesare descriptions of, or commentary on, the law. This Category includes law review articles, treatises, Restatement of the Law, legal encyclopedias and other similar items. - Can be used only as persuasive authority - Vary widely in their relative weight as persuasive authority. vi. Official and Unofficial Sources

i. Official Sources of Statutes- are those published by Congress of the Congress of the Philippines, the issuing agency itself or the official repository, the Official Gazette. Republic Acts- published in the Official Gazette published by the National Printing Offices. ii. Unofficial Sources of Statutes- are generally commercially published materials. vii. Annotated Laws and Unannotated Laws. i. Annotated source- publish the text of the law with augmenting information; can include case summaries, citations to cases interpreting the law, referrals to relevant periodical articles, legislative history editorial notes, and analysis. ii. Unannotated source- publish bare text of the law. 3. TERMS USED IN LEGISLATION i. Bill- a written plan or draft for a proposed law when it is introduced in Congress or a state legislature. Passed by both houses and President or a state governor, it becomes a law and will usually be published to its bull number in a publication called Session Laws or Statutes at Large

v. Engrossed Bill- is engrossed when a legislative body (House) votes to approve it and sends it on to the other legislative body (Senate) vi. Enrolled Bill- is enrolled when both houses of a legislative body have voted to approve it and it has been sent to the executive branch (President or a state governor) for signing. vii. Legislative History- Assorted materials generated in the course of creating legislation, including committee reports, analysis by legislative counsel, floor debates, and a history of action taken. viii. Session Laws- when bills become law, they are published in a text according to the sessions of the legislature that enacted them into law. ix. Statutes at Large- Refers to session laws x. Statutory Schemes- Groups of statutes that relate to one particular subject. 4. EFFECT AND APPLICATION OF LAWS i. Date of Effectivity of Laws: Requirement of Publication Indispensable- (Article 2 NCC) ii. Newspaper of General Circulation (EO No. 200, such publication may be in a newspaper of general circulation in the Philippines) i. It is published for the dissemination of local news and general information; ii. That it has a bona fide subscription list of paying subscribers; iii. That it is published at regular intervals. iv. It is not a newspaper devoted to the interest or published for

ii. Bill Number- Bills are referred to by a number. HB (House bill), SB (Senate bill) iii. Citation- Formal references to statutes that describe the law. (Ex. Republic Act number 9372- Human Security Act of 2007) iv. Code- refers to the main body of statutes of the jurisdiction (Ex. Civil Code of the Philippines, RPC, Labor Code, Milk Code)

the entertainment of a particular class, procession, trade, calling, race or religious denomination iii. Effectivity i. General Rule: All statutes, including those of local application and private laws, shall be published as a condition for their effectivity, which shall begin fifteen days after publication. ii. Exception: Unless a different effectivity is fixed by the legislature iv. Publication is Sine Que Non to the effectiveness or Enforceability of Laws: Scope of Publication i. General Rule: Covered by this rules are presidential decrees and executive orders promulgated by the President in the exercise of legislature powers or, at present, directly conferred by the Constitution. Administrative Rules and Regulations must also be published if their purpose is to enforce or implement existing law pursuant also to a valid delegation. ii. Exceptions to the Rule: a. Interpretative regulations and those merely internal in nature, that is, regulating only the personnel of the administrative agency and not the public, need not be published. b. Rulings of the Supreme Court iii. Publication is Indispensible in Every Case- unless it is otherwise provided refers to

the date of effectivity and not to the requirement of publication itself, which cannot in any event be omitted. This clause does not mean that the legislator may make the law effective immediately upon approval, or any other date without its previous publication. iv. Publication must be in Full v. Publication therefore is not the same as Effectivity vi. Ignorance of the law excuses no one from compliance therewith. Ignorance of law is want of knowledge or acquaintance with the laws of the land insofar as they apply to the act, relation, duty, or under consideration. vii. Laws shall have no retroactive effect, unless the contrary is provided. Laws are generally prospective in application and not retroactive unless the laws themselves provides for their retroactivity. 5. ANATOMY OF THE STATUTES i. Title- the Constitution provides that every bill passed by Congress shall embrace only one subject which shall be expressed in the title thereof. ii. Enacting Clause- is that part of the statute written immediately after the title thereof which states the authority by which the act is enacted iii. Preamble- us a prefatory statement or explanation or a finding of facts, reciting the purpose, reason or occasion for making the law to which it is prefixed. iv. Purview of the Statute- tells what the law is about; is the body of the statute.

v. Separability Clause- states that if for any reason, any section or provision of the statute is held to be unconstitutional or (invalid), the other section(s) or provision(s) of the law shall not be affected thereby. vi. Repealing Clause- indicates clearly the legislative intent to repeal all prior inconsistent laws on the subject matter whether or not the prior law is a special law. i. Implied Repeal- ex. General Repealing Clause reads as All laws, P.D.s, E.O.s, rules and regulations, or parts thereof, inconsistent with the provisions of this Act, are hereby repealed or modified accordingly. ii. Express Repeal- identifies or designates the act/s that are intended to be repealed.

iv. How to Find Statutes via Internet v. How to Find statutes using the Chan Robles Virtual Law Library vi. How to Find Statutes Using the Lawphil project of the Arelleno Law Foundation. vii. How to find Statutes Using the Website of the Office of the Press Secretary viii. How to Find statutes Using the Yahoo Search Engine ix. How to Find Statutes Using the Google Website x. How to Search for Statutes using Printed Materials. xi. Other internet sites 7. GENERAL PRINCIPLES OF STATUTORY CONSTRUCTIONS AND INTERPRETATIONS- HOW TO INTERPRET STATUTES i. Construction- the process of drawing warranted conclusions not always included in direct expressions, or determining the application of words to facts in litigation Interpretation- the art of finding the true meaning and sense of any form of words Where the Terms of the Statute are clear and Unambiguous, Just Apply the Law. Intent of the Law prevails Criminal Statutes are to be Construed Strictly- The rule that penal statutes are given a strict construction is not the only factor controlling the interpretation of such laws; instead, the rule merely serves as an additional, single factor to be considered as an aid in determining the meaning of penal laws Supreme Court Cannot Expand the Law- it is an elementary rule of the statutory construction that the spirit of intent of the law should not be subordinated to the letter thereof - The will of the legislature cannot be overturned by the judicial function of construction and interpretation.

Without a repealing clause- a latter general law will ordinarily not repeal a prior special law on the same subject as the latter is generally regarded as an exception to the former. vii. Effectivity Clause- states the date that the law will become effective. 6. STATUTORY RESEARCH i. Statutory research process - the process of finding the statutory law that applies to a problem. a. 1st step- determination of whether the statute governs this situation in any way. b. 2nd step- to read the statute and identify what is required for the statute to apply. c. 3rd step- the application of the elements to the facts of the legal problem. ii. How to find Statutes Via InternetCongress Website iii. How to Find Statutes via InternetOfficial Senate Website.

ii.

iii.

iv. v.

vi.

Courts cannot take the place of Congress in repealing statutes. vii. Between a Specific and a General Rules, the Former Prevails- It is a canon of statutory construction that a special law prevails over a general lawregardless of the dates of passage- and the special is to be considered as remaining an exception to the general. viii. Expressio Unius est Exlusio Alterius- it is an elementary rule of statutory construction that the expressed mention of one person, thing, act, or consequence excludes all others. ix. Principle of Ejusdem Generis- where general terms follow the designation of particular things or classes of persons or subjects, the general term will be construed to comprehend those things or persons of the same class of the same nature as those specifically enumerated x. Shall versus May- SHALL is nothing if mandatory; is a word of command, and one which has always and which must be given a compulsory meaning, and it is generally imperative or mandatory. 8. STATUTORY LAW RESEARCH TECHNIQUE i. Descriptive Word Approach- requires one to determine which words or phrases relate to the issues one is researching and then locate those words and phrases in the general index, which will then direct him to the appropriate statute or jurisprudence. ii. Title/Topic Approach- may be used when one has become so familiar with the Philippine code or statute that he bypasses the general index and immediately locate the particular chapter or title that deals with the research problem iii. Popular Name Approach- locating statute or jurisprudence is used in those instance in which a statute or jurisprudence is known by the popular names. 9. CODE

(a) Code- is a systematically arranged and comprehensive collection of laws, scientifically organized on a particular subject. i. New Civil Code- is a compilation of laws about person, human relations, property, succession, and other civil relations ii. Labor Code- is a compilation of laws involving employer-employee relationship iii. Family Code- is a compilation of laws related to family relation. iv. Code of Commerce- is a compilation of laws related to mercantile v. Revised Penal Code- is a compilation of laws that define crimes and provide punishment for crimes (b) Philippine Code- 1901 to present (P.231) (c) Philippine Code and their Suggested Citation (P232) 10. Summary of Statutes of the Philippines (P. 233)

Chapter 12
LEGISLATIVE HISTORY RESEARCH Getting Started a. Deciding on Research Goals b. Gathering information i. Session law number ii. Bill number(s) c. Compiled Legislative Histories 2. Statute Law Books (P. 236) 3. Statute finder Index (P. 238) 4. Sources and Types of Legislative History documents a. General Information- Sources of Philippine legislative history documents are the House of Representative and the Philippine Senate b. Bill History- House of Representative Website c. Hearings d. Committee Prints e. Floor Debates- Occurs after a bill has been reported out of the committee and includes comments made about the bill by sponsors and other legislators during considerations or a bill on the floor. f. House Journals g. Presidential Statements- Presidential statements can sometimes be used in legislative history to indicate the Presidents opinion about the purpose 5. Researching Legislative History (House of Representative) a. Steps in Legislative History Research Using the House Representative (HOR) Website (P. 241) 1.

6. Researching Legislative History (Senate) (P. 244)

Chapter 13
CASE LAW RESEARCH 1. Introduction a. CASE LAW- refers to the creation and refinement of law in the course of judicial decisions - General term for that great class of official literary manifestations of law made up of cases decided by courts - It refers to the entire collection of published legal decisions of the courts which, because of Stare Decisis, contributes a large part of the legal rules which apply in modern society. b. JURISPRUDENCE- means the science of law - Has come to refer to case law, or the legal decisions which were developed and which accompany statutes in applying the law against situations of fact c. COURT OPINION- often referred to as a case, is the courts resolution of a legal dispute and the reasons in support of its resolution. - When resolving disputes, courts often interpret constitutional or statutory provisions or crate law when there is no governing law (in exceptional cases only. - The body of law that emerges from court opinions is called the COMMON or CASE LAW d. CASE LAW PROPER- case law in the Philippines are the decisions of the SC, CA, Sandiganbayan, CTA, RTC, MTC, Muslim Sharis Court e. SUBORDINATE CASE LAW- are the decisions of: i. commissions and board with express quasi-judicial powers; ii. rulings of the administrative officers;

f.

g.

iii. opinions of the Office of the President iv. opinions of the Secretary of Justice v. opinions of the Solicitor General and government corporate council vi. opinions of the officers of governmental agencies vii. rulings of the Court Martial VALUE OF STUDYING COURT OPINION: i. Helps you understand and interpret constitutional provisions and statutory law; ii. Helps you understand the litigation process; iii. Provides insight into the structure of legal analysis and legal argument; iv. Provides a guide to legal writing. VALUE OF CASE BRIEFS- is a written summary of a court opinion the presents, in an organized format, all the essential information of the opinion. i. Saves an attorney the time of reading the case. ii. Serves as a valuable learning tool iii. Is a reference tool iv. Is a writing tool

2. Decision of a Court is its Judgment of a Case - It is only the decisions of the Supreme Court that establish jurisprudence or doctrines in the Philippine Jurisdiction. - Doctrine of Binding Precedent, or Stare Decisis. - An opinion is a statement by a court of the reasons for the decisions of a case - It is the decision and not the opinion of the court which settles the point of law involved and makes the precedent - Only the SC itself could overturn its decisions though an En Banc Decision (decision decided when all justices of the SC are present) i. THE DOCTRINE OF BINDING PRECEDENT, OR STARE DECISIS- a basic principle of the law whereby once a decision (a precedent) on a certain set of facts has been made, the courts will apply

that decision in cases which subsequently come before it embodying the same set of facts; lies at the <3 of the Philippine Legal System - The doctrine refers to the fact that, within the hierarchical structure of the Philippine courts, a decision of a higher court will be binding on a court lower than it in that hierarchy. ii. PRECEDENT- a case which establishes legal principles to a certain set of facts, coming to a certain conclusion, and which is to be followed from that point on when similar or identical facts are before a court. *RATIO DECIDENDI of the case sets the precedent while a mere OBITER DICTUM does not. iii. IDENTIFYING THE HOLDING OF THE CASE 1. RATIO DECIDENDI- Reason for deciding or the reason for the decision, it refers to the logic of a ruling. - The statement of the law applied in deciding the legal problem raised by the concrete facts of the case. It answers exactly or bulls eye the issue of the case 2. OBITER DICTUM- a remark by the way - Any statement of law that is not an essential part of the ratio decidendi is, strictly speaking, superfluous; and any such statement is referred to obiter dictum (obiter dictaplural), - It is an observation by a judge on a matter not specifically before the court or not necessary in determining the issue before the court; a side opinion which does not form part of the judgment for the purposes of Stare Decisis. - Is an opinion uttered by the way, not upon the point or question

pending, as if turning aside from the main topic of the case to collateral subjects, or the opinion of the court upon any point or principle which it is not required to decide, or an opinion of the court which does not embody its determination and is made without argument or full consideration of the point, and is not the professed deliberate determination of the judge himself. iv. ADVANTAGES OF JURISPRUDENCE - Consistency - Certainty - Efficiency - Flexibility v. FOREIGN JUDGMENTS ARE NOT BINDING IN THE PHILIPPINE JURISDICTION BUT ARE PERSUASIVE 3. Doctrine of Res Judicata - Is a judicially created doctrine, which may be said to exist as an obvious rule of reason, justice, fairness, expediency, practical necessity, and public tranquillity - Philosophy of the Doctrine of Res Judicata is that parties should not be permitted to litigate the same issue more than once. - Is a rule which pervades every wellregulated system of jurisprudence and is founded upon two grounds embodied in various maxims of the common law: (1) Public Policy and necessity which makes it to the interest of the State that there should be an end to litigation-REPUBLICAE UT SIT

LITIUM
(2) the hardship on the individual that he should be vexed twice for the same cause- NEMO DEBET BIS VEXERI

ET EADEM CAUSA
Elements: (1) The former judgment was final;

(2) the court rendered it had jurisdiction over the subject matter and the parties; (3) the judgment was on the merits; (4) the parties, subject matters and causes of action in the first and second actions are identical Aspects, to wit: (1 ) the effect of a judgment as a bar to the prosecution of a second action upon the same claim, demand or cause of action; (2) preclude relitigation of a particular fact or issue in another action between the same parties on a different claim or cause of action

4. Anatomy of a case - Starts in the trial court (RTC/MTC) - May end up being appealed to a higher court (CA/SC) - PONENCIA- when an appellate court has reviewed the transcripts of the trial, the briefs or memorandum the court will render its decisions of writing. - It is the published decisions of these appellate or supreme courts that make up the most of the cases one will find in a law library or on the internet - The books they published in are called case reports or reporters i. CASE NAME 1. Matibag (petitioner/plaintiff) v. (Versus) Benipayo (defendant) 2. Criminal Case: People (plaintiff/The People of the Philippines) v. Cruz (defendant) 3. Civil or special Proceeding: Republic (Solicitor General) v. Cruz

4. In re Matibag- In re means regarding or in the matter of 5. In re Juan M or In re J.M.- Initials 6. Ex parte Cruz. Ex Parte in the title of a case indicates that the name following is that of the party upon whose behalf the case is heard 7. Ex rel Matiba. Ex rel in short for ex relatione meaning upon relation or information 8. Benipayo Et.al.- multiple respondents ii. THE DOCKET NUMBER ex. G.R. No. 1234567 means Government Record Number iii. THE COURT- the name of the court that wrote the decision iv. THE DATES-Most decisions include the date that the case was argued and the date the court issued the decision v. THE PONENTE- is the judge who penned the decision 1. Ponente and Ponencia Distinguished: PONENTE- is the justice who penned the decisions. PONENCIA- refers to the whole case report; Spanish word report vi. THE CASE SYNOPSIS OR SUMMARY vii. NAME OF THE COUNCEL- Names and location of the law firms and the individual attorneys in those firms who represented the appellant and appellee will be provided in the decision. viii. THE OPINION

Types:

MAJORITY OPINION- are those written by a member of the majority after the court reached its decision; the ratio decidendi or the holding announced by the majority opinion is the law and serves as binding authority on lower courts in the Philippines. PER CURIAM OPINION- is one in which all the justices are of one mind and whish is so clear that they do not deem it necessary to elaborate it by an extended discussion. CONCURRING OPINION- these are opinions written by justices who agree with the actual result reached in a case. DISSENTING OPINION- are those written opinion by the minority. MEMORANDUM OPINION- provide the holding or result but little, if any, reasoning therefore; not encouraged EN BANC OPINION- in the bench or full bench *Only the Majority opinion is the law that is binding on lower courts. *Dissenting and concurring opinions are not the law and they are persuasive. *Only Majority opinions are mandatory authorities. ix. THE DECISION- the final element in a case May be: - to affirm or uphold the determination of the lower courts; - To reserve or overturn the determination reached below; pr - To remand or return the case to the lower court for further action consistent with the courts findings - The court may also vacate a case or dismiss it entirely. x. ATTESTATION AND CERTIFICATION

5. -

Publication of cases Compilation of judicial decisions are printed in case reports or reporters SCRA/ Supreme Court Reports Annotated (Central Lawbooks Inc.) SCAD/ Supreme Court Advance Decisions (Rex Bookstore) Digests- usually the best source to locate cases on a specific topic. a. Slip Opinions and Advance Sheets b. Official and unofficial Publication i. OFFICIAL- Philippine Reports; Official Gazette ii. UNOFFICIAL- SCRA, SCAD, Lex Libris. c. Law Reports d. Electronic Formats e. Case or court reports f. Case law citation

6. Case Law Citation a. Court decisions Courts SC decisions CA decisions

Sandiganbayan decitions RTC

MTC

Sharis District

Citation G.R. No. __ Date of promulgation C.A.-G.R. NO.___-R, CV, CR, or SP, dop. Sandiganbayan Crim Case No.___ Dop. RTC (place& branch no.) Civil or Criminal Case No. ___ Dop. MTC, MCTC, MeTC MTCC (place & Branch No.) Civil or Criminal Case No.____ Dop. Sharis

and Circuit Courts

District/ Circuit. Court (Place) Case no.___, Dop.

b. Administrative Decisions 7. Case Law research

Chapter 14
CASE BRIEF AND MEMORANDUM 1. Importance of Legal Memorandum (P.273) 3 reasons why: It serves as a checklist for research - To provide you with an accessible record of the fruits of your research after time has erased the memories from your mind. - To communicate the results of your research to someone else.

INTERNAL MEMORANDA- are intended solely for ones own use or the use of the law firm. EXTERNAL MEMORANDA- commonly called briefs or memoranda of points and authorities, or memoranda of laws are documents ordinarily submitted to the court in the course of a lawsuit to advance a particular position with the utmost vigor. 5. Internal Consistency of Legal Memoranda a. Be Objective b. Be Specific c. Be Complete

2. Elements of a Legal Memorandum LEGAL MEMORANDUM- is a highly structured type of writing that follows certain conventions. - A statement of the facts - A statement of the issue/s - A decision or holding on the issue/s - A discussion of the reasoning underlying the holding. 3. Anatomy of a Legal Memorandum a. Heading- author and recipient b. Facts- list of relevant facts on which you have relied in researching and preparing the memorandum; assumptions; objective and clearly c. Issues- crucial; correct legal issues d. Conclusions-crisp, clear, responsive answer e. Discussions: classic formulation - I- state the legal ISSUE - R- determine the applicable legal RULE - A- APPLY the legal rule to your facts - C- state your CONCLUSION on the legal issue. 4. Internal and External Memorandum

6. Additional Points for Legal Researchers (P.278) - It is usually a good idea to list the resources that you have checked, even if some or many of them did not pan out - Keep your sentences short and avoid jargon when possible - All statements about what the law is should be supported by some primary legal authority, such as statutes, regulations, cases or ordinances. 7. How to Prepare a Legal Memorandum (p.278)

8. How to Prepare a Case Brief a. Name of the case b. Citations- all parallel citations should be included as well as the date of the decisions c. Procedural history- brief summary of the holdings of any previous courts and the disposition of the case by this court; describes how the case got to this court and how the court resolves the case d. Statements of Facts- contains the summary of the relevant facts of the case e. Issue- courts will state the issue of the case

f. g.

Answer- yes/no; reasons Reasoning- most important part of the brief; fully discuss the reasons by which the court reached its decisions h. Holding- affirmed, dismissed, reversed

9. Case Brief Form (P. 280) 10. Same Case Brief (p.281)

CHAPTER 15
TREATIES AND ADMINISTRATIVE LAW RESEARCH (P.283) 1. 2. Treaties and Administrative regulations are Laws Research on treaties and other International Agreements a. Official text of treaties- Official Gazette, Department of Foreign Affairs Treaty Series (DFATS), United Nations Treaty Series (UNTS), UP Law Centers Philippine Treaty Series (PTS) b. Latest treaties- DFA & SP Administrative Rules and regulations - Are orders, rules and regulations issued by the heads of Departments, Bureau and other agencies of the government for the effective enforcement of laws within their jurisdiction - In order to be valid, they must be within the authorized limits and jurisdiction of the office issuing them and in accordance with the provisions of the law authorizing their issuance. Administrative Rules and Regulations Research Strategies for researching administrative Materials a. Undertake Background Research b. Take Note of Procedural Rules c. Find out What Published Sources are available d. Make Use of Electronic Sources e. Update Thoroughly f. Use Informal Sources. Using Loose-leaf Services: Basic Pointers - LOOSE-LEAF SERVICES- a consolidated source that contains the full text of primary sources such as statutes, regulations, and both judicial and administrative decisions, all related to a specialized are of law How to search for Administrative Rules and Regulation

LawPhil Website Search for treaties and administrative laws. 8. Philippine On-line Sources 1. Supreme Court E-Library. a. Executive Issuances- contains rules and regulations issued by the President such as: i. Executive Orders ii. Administrative Orders iii. Memorandum Orders/ Memorandum Circular iv. Proclamations

1.

3.

4. 5.

6.

7.

CHAPTER 16
SECONDARY AUTHORITY (P.293) 1. Secondary legal Authorities i. Kinds o Descriptions of, or commentary on, the law. Law review articles, treatises, Restatements of the Law, legal encyclopedias and etc. Used only as persuasive authority Does not have binding effect but aids in explaining what the law is or should be ii. Annotated Statutory Compilation iii. Case Digest iv. Purposes of Secondary Explains the primary authorities Can be invaluable aids to the researcher Consists of research resources the summarize, compile, explain, comment on, interpret, or in some other way address the law Provide a springboard for beginning a research project o To obtain background information and an overview of an unfamiliar subject areas o To obtain citations to primary authorities to launch the research o To suggest further issues or analytic approaches to the problem o To obtain a background or overall understanding of a 5. o

specific area of the law (Legal encyclopedias, treatises, and periodicals) To locate primary authority (the law) on question being researched. To be relied upon by the court when reaching a decision. v. Study of Secondary Legal Authorities Lead to the Primary Legal Authorities vi. Guidelines for choosing a secondary Authority 2. Using Legal Periodicals Legal periodicals publish articles on legal topics in every area of the law i. Finding Articles in legal journals and law Reviews ii. Law Reviews iii. Other Legal Periodicals iv. Searching Legal Journals Indexes 3. Searching for Articles In Full-Text Databases i. Finding Journals and Law ReviewsLibrary ii. General News Sources- Newspapers 4. Using Legal Encyclopedias Provides a brief, integrated statement of the law An enormous body of legal literature, definitions, rules and practice points derived mainly from case law Indexes and cross-reference Using Treatises, Hornbooks, And Nutshells

i. Treatises- refers to an in-depth scholarly work on a particular area ii. Hornbooks, nutshells and Outlines 6. Using Restatements Presents a uniform statement of the law for areas of the common law such as torts and contracts. The product of the work of highly competent scholars in each are of the law and highly respected and valuable resource tools frequently cited by the courts 7. Tips For Using Secondary Sources 8. Practice Materials and Form Books 9. Dictionaries 10. International Treaties 11. Form Books 12. Treaties/ Textbooks 13. Philippine On-line Sources (Supreme Court E-Library) 14. Some foreign Online Sources used in Philippines Legal Research Findlaw.com Lexis Westlaw

CHAPTER 17
ORGANIZING RESEARCH PROJECTS & PRESENTING RESULTS (P. 319)

CHAPTER 18
LEGAL BIBLIOGRAPHY 2. Legal Bibliography a. Bibliography Divided: Enumerative/ Systematic Category: Analytical/ Critical c.

v. Evaluate the methods (research) used in the item; vi. Evaluate the reliability of the item; vii. Discuss the authors background; viii. Discuss any conclusions the author(s) may have made; ix. Describe your reaction to the item Purpose of an Annotated Bibliography i. A review of the literature on a particular subject; ii. Illustrate the quality of research that you have done; iii. Provide examples of the types of sources available; iv. Describe other items on a topic that may be of interest to the reader; v. Explore the subject for further research

b. Kinds of Bibliography - Enumerative Bibliography - Analytical Bibliography c. Enumerative Bibliography: Bibliography is a list, either indicative or comprehensive, of works, and can contain no more than a source in any given singular bibliography: author, subject, period published, mentioned in, or relevant to, a particular work.

d. Annotations vs. Abstracts ABSTRACT- are the purely descriptive summaries often found at the beginning of scholarly journals articles or in periodical indexes. ANNOTATIONS- are descriptive and critical they expose the authors point of view, clarity and appropriateness of expression, and authority e. The Process of Annotation (p.330) Sample Annotated Bibliography (P.330)

d. Analytical Bibliography: - Descriptive- is the close examination of the book as a physical object, recording its sized, format, binding... - Historical- takes a broader view of printing and publishing - Textual-is another name for textual criticism 2. Annotated Bibliography f. a. ANNOTATED BIBLIOGRAPHY- a bibliography that gives a summary of the research that has been done. b. Parts: i. Describe the content (Focus) of the item; ii. Describe the usefulness of the item; iii. Discuss any limitations that the item may have; iv. Describe what audience the item is intended for;

3. Philippine Legal Bibliography (P.331)