Legal Research

Blacks Law Dictionary provided two definitions of Legal Research:

a. The finding and assembling of authorities that bear on a question of law;
b. The field of study concerned with the effective marshalling of authorities that
bear on a question of law.
In order to conduct an accurate and effective legal research, having knowledge
and knowing the availability of the Philippine legal literature are important, for
there have been great number of statutes passed and jurisprudence decided;
adding to that were the annotations, commentaries and treaties written.
Problem in availability of the legal materials:
a. Lack of printed law finders;
b. lack of complete printed compilation of statutes and jurisprudence;
c. and slow publication

Chapter 1 Introduction
- Philippines consists of 7,107 islands with a land area of 299,740 sq.
- Surrounded by Pacific Ocean (East), South China Sea (North and West),
Celebes Sea (South) National Territory of the Philippines
- Laws enacted by congress defined the baselines of the territorial sea of the
Philippine archipelago, and the baselines have been defined as early as 1935
(1935 Constitution).
- Sec. 2 of R.A 9522 was approved on March 10, 2000, and amended both laws
(R.A 3046 and R.A 5446), defined the archipelagic baselines as Regime of
Islands, and is consistent with Art. 121 of UNCLOS.
- According to Rodolfo Severino (Clarifying the New Philippine Baseline
Law, R.A 9522),
The purpose of the law is mainly to amend the existing baselines act and to
define the archipelagic baselines of the Philippines. It does not extend the
baselines to Spratlys or to Scarborough Shoal, both of which China and Vietnam
claim in their territory, while the Philippines claims a part of what is called
Spratlys Islands, and all of Scarborough Shoal.
- The Philippines claim on Spratlys Island and Scarborough Shoal is based on the
provisions of the UNCLOS, and on November 2012 the claim was brought on the
ASEAN Summit. To further validate the claim, the issue was brought on the
United Nations, for China argued that the Philippines is misinterpreting the
provisions of the UNCLOS.
- Historic claim to Sabah: The Sultanate of Sulu claims as the owner of Sabah.
The United Nations is being urged to initiate negotiations between the military
forces of the Sultanate of Sulu and Malaysia.
- Language: Filipino (Tagalog) is the national language of the Philippines. For the
purpose of communication and instruction, Filipino and English are considered as
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official languages. In Supreme Court Administrative Circular No. 16-2010 the use
of Filipino in court proceedings are optional and on a per case basis because of
the difficulties encountered in using Filipino. If the court wishes to use Filipino
(Tagalog), the Presiding Judge will be the one to determine the appropriate
cases.
R.A. No. 10157, Sec 5 Childs understanding of English, which is also the official
language.
8 major dialects: Bicolano, Cebuano, Hiligayanon/Ilongo, Ilocano, Pampango,
Pangasinense, Tagalog, and Waray.
Religions:
a. Christianity (Catholicism) introduced by Spain on 1521; Protestant religionintroduced by American missionaries;
b. Islam;
c. Philippine Independent Church and Iglesia ni Kristo- two Filipino independent
churches.
d. El Shaddai, Ang Dating Daan, and Jesus is Lord Movement
Separation of Church and State: The Constitution of the Philippines specifically
provides that the separation of Church and State is inviolable, but religion has a
great influence in the legal and political system of the Philippines.
Example: Reproductive Health Bill.
Government Structure Based on Era

A. Pre-Spanish Period (before 1521)

Government Structure

The Barangays or independent communities were the unit of government

structures before Spain colonized the Philippines.

The head of each barangay was the Datu. The Datus were called Cabeza de
Barangay during the Spanish periods. He governed the barangays using native
rules which were customary and unwritten.

Codes (Laws) During Spanish Period

1. Maragtas Code issued by Datu Sumakwel of the Panay Island
2. Code of Kalantiao issued by Datu Kalantiao in 1433
B. Spanish Period (1521-1898)

The Spanish period can be traced from the time Magellan discovered the
Philippines when he landed at the Mactan Island (Cebu) on March 16, 1521.
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Government structure
King of Spain Royal decrees, Spanish laws, and/or special issuances of special
laws for the Philippines were extended to the Philippines from Spain by the Spanish
Crown through its council.
Governor-General is the chief legislator who exercised legislative functions by
promulgating executive decrees, edicts, or ordinances with the force of law.
Royal Audiencia or the Spanish Supreme Court in the Philippines, also exercised
legislative functions when laws are passed in form of autos accordados.
First Philippine Government

In between the Spanish and American Period was considered as the first
Philippine Republic. This was when General Emilio Aguinaldo proclaimed the
Philippine Independence in Kawit, Cavite on June 12, 1898. General Emilio
Aguinaldo was the President of the Philippines, and Don Gracio Gonzaga was the
Chief Justice.
The Malolos Congress, also known as the Assembly of the Representatives,
which can be considered as revolutionary in nature, was convened on September
15, 1898. The Malolos Constitution was approved on January 20, 1899.
Although a de facto republic, it was only in force until the start of the American
Sovereignty when the Treaty of Paris was signed on December 10, 1898.

C. American Period (1898-1946)

The start of the American period can be traced after the Battle of Manila Bay
when Spain ceded the Philippines to the United States upon the signing of the
Treaty of Paris on December 10, 1898.

Government Structure
Military Governor A military government was organized with the military
governor as the chief executive, and he exercised executive, legislative, and
judicial functions.
Philippine Commission was created in 1901 which is where the legislative
function was transferred. It was created by the United States President the
Commander-in-Chief of the Armed Forces and was later ratified by the Philippine
Bill of 1902. The same bill provided for the establishment of the first Philippine
Assembly that convened in October 16, 1907. Cayetano Arellano was installed
as the first Chief Justice of the Philippines in 1901, but the majority of the
Justices of the Philippine Supreme Court were Americans.
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Commonwealth Government was considered a transition government for ten

years before the grant of the Philippine independence. Manuel L. Quezon and
Sergio Osmea were elected as President and Vice-President respectively
during the September 14, 1935. They defeated General Emilio Aguinaldo and
Gregorio Aglipay for the Presidency and Vice-Presidency respectively. The
government went into exile in Washington D.C. during the Japanese occupation.
Upon the death of Manuel L. Quezon on August 1, 1944, he was succeeded by
Sergio Osmea as President who brought back the government in Manila on
February 28, 1945.
Organic Laws that Governed the Philippines during the American Period
1. United States Constitution was recognized until the promulgation of the
Philippine Constitution on February 8, 1935 signed by then U.S. President
Franklin Delano Roosevelt on March 23, 1935, and ratified at a plebiscite on
May 14, 1935.
2. President McKinleys Instruction to the Second Philippine Commission
it was given on April 7, 1990.
3. Spooner Amendment of 1901
4. Philippine Bill of 1902
5. Jones Law of 1916
6. Tyding-McDuffie Act it allowed the establishment of the Commonwealth
government and the right to promulgate its own Constitution. The 1935
Constitution initially changed the legislative system from bicameral to a
unicameral system. The bicameral system was restored pursuant to the 1940
Constitutional amendment.
D. Japanese Period (1941-1944)

The invasion of the Japanese forces began when Clark Field, an American
military airbase in Pampanga, was bombed on December 8, 1941. This marked
the start of the Japanese period, which lasted for three years; its end at 1944
was signaled by the defeat of the Japanese forces.

Government Structure
Japanese Republic it was led by Jose P. Laurel as its President and Jose Yulo as
the Supreme Court Chief Justice. This period was considered as a military rule by
the Japanese Imperial Army.
KALIBAPI (Kapisanan sa Paglilingkod ng Bagong Pilipinas) The 1943
Constitution was ratified by a special national convention of the KALIBAPI. No
laws/statues, promulgated during this period, including the 1943 Constitution, were
recognized after the war.

E. Republic Period (1946-1972)

The Philippine independence was inaugurated July 4, 1946. A Philippine republic

was re-born. A republic means a government by the people and sovereignty
resides in the entire people as a body politic.

Government Structure
Philippine Republic The provisions of the 1935 Constitution defined the
government structure, which provided for three co-equal branches of government.
Separations of powers is recognized.
a. Executive its power rests with the President of the Philippines
b. Legislative its power rests with the two House of Congress
c. Judiciary its power rests with the Supreme Court and other inferior courts
1935 Constitution Amendment

Efforts to amend the 1935 Constitution started on August 24, 1970 with the
approval of the Republic Act No. 61 32, where 310 delegates were elected for the
Constitutional Convention on November 10, 1970.
The Constitutional Convention met on June 1, 1971, but while in session,
President Ferdinand E. Marcos declared Martial Law on September 21, 1972.
The draft of the Constitution was completed on November 29, 1972. It was
submitted for ratification through citizens assemblies on January 17, 1973. This
is known as the 1973 Constitution.

Martial Law Period (1972 1986) (ref. ONG)

Congress of the Philippines was abolised on September 21, 1972.

This period was governed by the 1973 Constitution which established a
parliamentary form of government.
During this time, executive and legislative were merged and the chief executive
was made the Peime Minister, he was elected by majority of all members of the
National Assembly (Parliament)
The Prime Minister had the power to advise the President, who is the symbolic
head of the state.
Amendment No. 3 merged the power of the President and Prime Ministerto the
incumbent leader, Ferdinand Marcos. It also authorized him to exercise
legislative powers.

Amendment No. 7 create barangays as the smallest political subdivison and the
sanguniaan.
The 1981 Amendment introduced a modified presidential/parliamentary
government in which the President shall be elected by the people with a six
years term while the Prime Minister shall be elected by the majority of Batasang
Pambansa upon the nomination of the President which he was the head of the
cabinet and had supervision over all the ministries.
Proclamation No. 2045 lifted Martial Law and abolish military tribunals.
Elections were held on June 16, 1981 when Marcos was re-elected as
President.
In 1984, the Constitution was again amended and a plebiscite was held on
January 27, 1984 pursuant to Batas Pambansa Blg. 643 and the elections were
held on May 14, 1984 for the 183 elective seats.
Thereafter, an impeachment resolution was filed against Marcos by the
members of the opposition but was dismissed.
Then, a special presidential (snap) election was held. Here, poll results showed
that Aquino led Marcos over a million of votes which was facilitated by National
Movement for Free Elections (NAMFREL). However, Marcos was won by the
decision rendered by the Batasang Pambansa.
Said event led to the People Power Revolution which ousted Marcos on
February 25, 1986.
The Republic was revived after Marcos was toppled down. Aquino and Laurel
led the country and continually revived the lost republic under Marcos
administration. Several government reforms, commision and enactments were
promulgated as programs in regaining the Philippine Republic.

FOURTH REPUBLIC

The opposition boycotted the June 16, 1981 presidential elections, which pitted
Marcos and his Kilusang Bagong Lipunan party against retired Gen. Alejo
Santos of the Nacionalista Party. Marcos won by a margin of over 16 million
votes, which constitutionally allowed him to have another six-year term. Finance
Minister Cesar Virata was elected as Prime Minister by the Batasang Pambansa.

In
1983,
opposition
leader Benigno
"Ninoy"
Aquino
Jr. was assassinated at Manila International Airport upon his return to the
Philippines after a long period of exile in the United States. This coalesced
popular dissatisfaction with Marcos and began a series of events, including
pressure from the United States,that culminated in a snap presidential election
on February 7, 1986. The opposition united under Aquino's widow, Corazon
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Aquino, and Salvador Laurel, head of the United Nationalists Democratic

Organizations (UNIDO). The election was marred by widespread reports of
violence and tampering with results by both sides.

The official election canvasser, the Commission on Elections (COMELEC),

declared Marcos the winner, despite a walk-out staged by disenfranchised
computer technicians on February 9. According to the COMELEC's final tally,
Marcos won with 10,807,197 votes to Aquino's 9,291,761 votes. By contrast, the
final tally of NAMFREL, an accredited poll watcher, said Aquino won with
7,835,070 votes to Marcos's 7,053,068.

G. End of Marcos Regime: Revival of the Philippine Republic (1986-present)

The fraudulent result was not accepted by Aquino and her supporters.
International observers, including a U.S. delegation led by Senator Richard
Lugar, denounced the official results. General Fidel Ramos and Defense Minister
Juan Ponce Enrile then withdrew their support for the administration, defecting
and barricading them within Camp Crame. This resulted in that peaceful 1986
EDSA Revolution that forced Marcos into exile in Hawaii while Corazon Aquino
became the 11th President of the Philippines on February 25, 1986. Under
Aquino, the Philippines would adopt a new constitution, ending the Fourth
Republic and ushering in the beginning of the Fifth Republic.

THREE CO-EQUAL BRANCHES OF THE GOVERNMENT

Co-equal. It seems simple enough, co-equal. Their primary functions are different, yet
their autonomy and authority are not supposed to be higher than the other. Defined by
Jose Ma. Montelibano, Inquirer Opinion.
1. Executive Branch
Election
o Congress promulgates rules in canvassing certificate of election
o Supreme Court En Banc is the sole judge of all election contests
relating to their election, returns, and qualifications. Also acts as the
Presidential Electoral Tribunal.
a. President is elected by direct vote and is vested with executive power, both as
the Chief of State - head of government - and the Commander in Chief of the
Armed Forces. He/She is not eligible for reelection. May be removed from office
by impeachment, initiated by the House of Representatives and tried and
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decided by the Senate. The president exercises control over all the executive
departments, houses and offices.
b. Vice-President is also elected by direct vote and cannot serve for more than two
successive terms. May also be removed from office by impeachment, initiated by
the House of Representatives and tried and decided by the Senate.
c. Secretaries and Heads of the Executive Departments
d. Other Cabinet Officials are nominated by the President subject to the
confirmation of the Commission on Appointments which consists of the President
of the Senate as Chairman, twelve Senators, and twelve members of the House
of Representatives
2. Legislative Branch
Congress of the Philippines is vested with legislative power.
a. Senate of the Philippines
Composed of 24 Senators who are elected at large by qualified voters and
serves for a term of not more than 6 years.
No Senator may be elected for more than three consecutive terms.
Led by the Senate President, Pro Tempore, Majority Leader, and Minority
Leader.
36 permanent committees and 5 oversight committees
Senate Electoral Tribunal is composed of 9 members - 3 are Supreme
Court Justices, 6 are members of the Senate. Sole judge of contests
relating to election, returns, and qualifications of members of the Senate.
b. House of Representatives
Composed of not more than 25 members, elected by legislative districts
for a term of 3 years.
No Representative shall serve for more than three consecutive terms.
Shall constitute 20% of party-list representatives from registered national,
regional, and sectional parties and organizations.
Rationale is that theyre supposed to give the marginalized sector a voice
in the House of Representatives
The election of party-list representatives was by virtue of RA 7941
There are 57 standing committees and 16 special commitees
House of Representatives Electoral Tribunal is the sole judge of contests
relation to election, returns and qualifications of members, which is
composed of 9 members from the Supreme Court and 6 from the Senate
On impeachments, House of Representatives initiate all cases of
impeachment through a verified complaint or resolution of impeachment
filed at least by one-third of all members of the House. Senate has the
power to decide all cases of impeachment. When the President is on trial,
Chief Justice presides but shall not vote. Public officer shall be convicted
by two-thirds of the Senate. Chief Justice and member of the Judiciary
and Ombudsman are on trial, Senate President will reside.
3. Judiciary
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Judicial power refers to the power of the different courts of justice to interpret and
apply the laws in particular cases
Judicial power rests with the Supreme Court and the lower courts, as established
by law. Its duty is to settle actual controversies involving rights which are legally
demandable and enforceable.
Enjoys fiscal autonomy. It can dictate its own budget.
Rules of Court and rules and regulations of the Supreme Court define the rules
and procedures of the Judiciary and are in the form of Administrative Matters,
Administrative Orders, Circulars, Memorandum Circulars, Memorandum Orders
and OCA Circulars and are disseminated through publishing the important ones
in newspapers of general circulation, prints in book or pamphlet form, downloads
through their website, and E-library site, to inform members of the Judiciary, the
legal profession, and the public.

Hierarchy of Courts:
i.
Judiciary is composed of the Supreme Court as the Highest Court
The court where judicial power rests.
ii.
Appellate Courts - Court of Appeals, Sandiganbayan and Court of Tax
Appeals
iii.
Trial Courts - first and second level courts
Supreme Court and Other Lower Courts
There could only be one Supreme Court, and its supremacy puts finality to all legal
disputes. The other courts are all lower than it, thus, they are referred as lower courts.
Lower courts are also called statutory courts because they are created by the act of
Congress. The only Constitutional court is the Supreme Court, while statutory courts
include the Court of Appeals, Regional Trial Court, Metropolitan Trial Court, Municipal
Trial Court, Municipal Circuit Trial Court, Sandiganbayan, and Court of Tax Appeals,
among others.
Composition of the Supreme Court
The Supreme Court is composed of fifteen members: a Chief Justice and fourteen
Associate Justices. Any vacancy must be filled within ninety days from its occurrence.
Powers of the Supreme Court:
a. Exercise jurisdiction over cases affecting ambassadors, other public ministers
and consuls, and over petitions for certiorari, prohibition, mandamus, quo
warranto, and habeas corpus.

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b. Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the
Rules of Court may provide final judgements and orders of lower courts in:
i.

ii.

All cases in which the constitutionality or validity of any

treaty, international or executive agreement, law, presidential
decree, proclamation, order, instruction, ordinance, or
regulation is in question.
All cases involving the legality of any tax, impost,
assessment, or toll, or any penalty imposed in relation
thereto.

iii.

All cases in which jurisdiction of any lower courts is in issue.

iv.

All criminal cases on which the penalty imposed is reclusion

perpetua or higher.
All cases in which only an error or question of law is
involved.

v.

c. Assign temporary judges of lower court to other stations as public interest may require.
Such temporary assignment shall not exceed six months without the consent of the
judge concerned.
d. Order a change of venue or place of trial to avoid a miscarriage of justice.
e. Promulgate rules concerning the protection the protection and enactment of
constitutional rights, pleading, practice, and procedure in all courts, the
admission to the practice of law, the Integrated Bar, legal assistance to the
underprivileged. Such rules shall provide a simplified and inexpensive procedure
for the speedy disposition of cases, shall be uniform for all courts the same
grade, and shall not diminish, increase or modify substantive rights. Rules of
procedure of special courts and quasi-judicial bodies shall remain effective
unless disapproved by the SC.
f. Appoint all officials and employees of the Judiciary in accordance with the Civil
Service Law.

*Judicial and Bar Council - functions to screen prospective appointees to any judicial
post
*Philippine Judicial Academy - training school for justices, judge, court personnel,
lawyers and aspirants to judicial posts.
*Philippine Mediation - decongest court dockets, the court prescribes guidelines in
institutionalizing and implementing the mediation program in the Philippines.
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*Mandatory Continuing Legal Education Office - organized to implement the rules on

Mandatory Continuing Legal Education
COURT OF APPEALS
History

Commonwealth Act No. 3

December 31, 1935
Established the Court of Appeals, pursuant to the 1935 Constitution Article
VIII Sec. 1
February 1, 1936 Court of Appeals was formally organized

Composition
11 justices
Justice Pedro Concepcion- first Presiding Justice
15 justices in 1938
17 justices in 1942 by virtue of Executive Order No.4

District Court of Appeals

1944- Court of Appeals was regionalized
5 District Court of Appeals was organized in Northern Central and Southern
Luzon for Manila and for Visayas and Mindanao.

Abolishment and Re-establishment

Executive Order No. 37 (1945)- abolished by President Osmea due to the
prevailing abnormal conditions
Republic Act No. 1605- re-established on October 4,1946
Composition
1 Presiding Justice
15 Associates Justices
Its composition was increased by the following enactments:
o Republic Act No. 1605- 18 justices
o Republic Act No. 5204- 24 justices
o Presidential Decree No. 1482 1 Presiding justice; 34 Associates
justices
o Batas Pambansa Blg. 129- 50 justices
o Republic Act No. 8246- 69 justices, due to creation of 6 more divisions
(Cebu and Cagayan de Oro)

Batas Pambansa Blg. 129 name of the Court of Appeal was changed to
Intermediate Appellate Court

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Executive Order No 33- brought back its name to Court of Appeal

Jurisdiction of the Court of Appeal

Jurisdiction of the Court of Appeal- Section 9 of Batas Pambansa Blg. 129, as

amended by Executive Order No. 33 and Republic Act 7902
Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas
corpus, and quo warranto, and auxiliary write or processes, whether or not in
aid of its appellate jurisdiction;
Exclusive original jurisdiction over actions for annulment of judgment of
Regional Trial Courts, and
Exclusive appellate jurisdiction over all final judgments, decisions, resolutions,
orders or awards of Regional Trial Courts and quasi-judicial agencies,
instrumentalities, boards or commissions, including the Securities and
Exchange Commission, the Social Security Commission, the Employees
Compensation Commission and the Civil Service Commission, except those
falling within the appellate jurisdiction of the Supreme Court in accordance
with the Constitution, the Labor Code of the Philippines under Presidential
Decree No. 442, as amended, the provisions of this Act, and of subparagraph
(1) of the third paragraph and subparagraph (4) of the fourth paragraph of
Section 17 of the Judiciary Act of 1948. (The decisions and resolutions of the
National Labor Relations Commissions are now renewable by the Court as
provided for in the case of St. Martin Funeral Homes v. NLRC, 295 SCRA
414.)

The Supreme Court, acting on the recommendation of the Committee on

Revision of the Rules of Court, resolved to approved 2002 Internal Rules of the
Court of Appeals (A.M. No. 02-6-13-CA) and amended by a resolution of the
Court En Banc on July 13, 2004 (A.M. No. 03-05-03-SC).
Administrative Order No. 118-2007- issued by the Chief Justice in pursuant with
Republic Act No. 9372 (Human Security Act of 2007)
1st, 2nd and 3rd Divisions of the Court of Appeals- handle cases involving the
crimes of terrorism or conspiracy to commit terrorism and all matters incident
to said crimes emanating from Metropolitan Manila and Luzon.
All divisions of the Court of Appeals stationed at Cebu and Cagayan de Orohandle cases coming from the Visayas and Mindanao, respectively.
SANDIGANBAYAN

Purpose of Creation of the Anti Graft Court or the Sandiganbayan

To maintain integrity, honesty and efficiency in the bureaucracy and weed out
misfits and undesirable in government service (1973 Constitution (Art. XIII,
Sec. 5) and 1987 Constitution (Art. XI, Sec. 4)).

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It was restructured by Presidential Decree No. 1606 as amended by Republic

Act No. 8249.

Composition
1 Presiding Justice
14 Associates justices, still in 5 Divisions of 3 Justices

August 28, 2002 (A.M. No. 02-6-07-SB)- the Supreme Court, acting on the
recommendation of the Committee on Revision of the Rules of Court, resolved
with modification the Revised Internal Rules of the Sandiganbayan.

Court of Tax Appeals

Created by virtue of Republic Act No. 1125 on June 16, 1954, it serves as
an appellate court to review tax cases.
Under the provision of RA No. 9082, its jurisdiction has been expanded
where it now enjoys the same level as the court of appeals. This law has
doubled its membership, from three to six.
The CTA has a exclusive appellate jurisdiction over the following:
Decisions of the Commissioner of Internal Revenue in cases
involving disputed, assessments, refunds of internal revenue
taxes, fees or other charges, penalties in relation thereto, or
other matters arising under the National Internal Revenue Code
or other laws administered by the BIR;
In actions of the Commissioner of Internal Revenue in cases
involving disputed assessments, refunds of internal revenue
taxes, fees or other charges, penalties in relation thereto, or
other matters arising under the NIRC or other laws administered
by the BIR where the NIRC provide a specific period of action,
in which case the inaction shall be deemed a denial;
Decisions, orders or resolutions of the Regional Trial Court in
local taxes cases originally decided or resolved by them in the
exercise of their original or appellate jurisdiction;
Decisions of the Commissioner of Customs in cases involving
liability for customs duties and fees, or other money charges;
seizure, detention or release of property affected;
Decisions of the Central Board of Assessment Appeals in the
exercise of its appellate jurisdiction over cases involving the
assessment and taxation of real property originally decided by
the provincial or city board
Decision of Secretary of Finance on customs cases elevated to
him
Decisions of Secretary of Agriculture in the case of
nonagricultural product.
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Regional Trial Court

They are called the second level court and are divided into thirteen (13)
judicial regions;
The jurisdictions of the RTC are defined in Secs. 19-23 of Batas
Pambansa Blg. 129 as amended by Republic Act 7671.
The SC designates certain RTC branches as special courts to handle
exclusively criminal cases, juvenile and domestic relation cases, agrarian
cases, urban reform land cases which do not fall under the jurisdiction of
quasi-judicial bodies;
Likewise, RTC also handles civil cases which falls on the following:
All civil cases in which the subject of the litigation is incapable of
pecuniary estimation;
All civil cases which involve the title to, or possession of real
property or any interest therein where the assessed value of the
property involved exceeds twenty thousand pesos (P20,000.00),
or civil cases in Metro Manila, where such value exceeds fifty
thousand pesos (P50,000.00) excepts actions of forcible entry into
and unlawful detainee of lands or buildings, original jurisdictions
over which is conferred upon the MeTCs, MTCs and MCTCs;
All actions in admiralty and maritime jurisdictions where the
demand or claim exceeds Three hundred thousand pesos
(300,000.000) or, in Metro Manila, where such demand or claim
exceeds four hundred thousand pesos (400,000.00);
All matters of probate, both testate and intestate, where the gross
value of the estate exceeds Three Hundred Thousand Pesos
(300,000.00)or, in probate matters in MM, where such gross value
exceeds four hundred thousand pesos (400,000.00);
All actions involving the contract of marriage and marital relations
All cases not within the exclusive jurisdiction of any court, tribunal,
person or body exercising judicial or quasi-judicial functions;
All civil actions and special proceedings falling within exclusive
original jurisdiction of a juvenile and domestic relations court of the
Court of Agrarian Relations as now provided by law;
Exercise original jurisdiction in other cases as follows:
The issuance of writ of certiorari, prohibition mandamus,
quo warranto, habeas corpus and injunction which may be
enforced in any part of their respective regions; and
Actions affecting ambassadors and other public ministers
and consuls.
They shall exercise appellate jurisdiction over MeTCs, MTCCs, MTCs, MCTCs,
in their respective territorial jurisdiction.
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Metropolitan Trial Courts (MeTC), Municipal Trial Courts in Cities (MTCC),

Municipal Trial Courts (MTC) and Municipal Circuit Trial Courts (MCTC)
These are called the first level courts established in each city and municipality.
Their jurisdiction is provided for by Batas Pambansa Blg. 129, Sections 33 and 35. Their
jurisdiction has been expanded by special laws namely Republic Act Nos. 9276, 9252,
9305, 9306 and 9308.
MeTC, MTCCs, MTCs, and MCTCs shall exercise original jurisdiction in Civil Cases
as provided for in Batas Pambansa Blg. 129, Sec. 33 is as follow:

Exclusive original jurisdiction over civil actions and probate proceedings, testate
and intestate, including the grant of provisional remedies in proper cases, where
the value of the personal property, estate or amount of the demand does not
exceed Three hundred thousand pesos (P300,000.00) or, in Metro Manila where
such personal property, estate or amount of demand does not exceed Four
hundred thousand pesos (P400,000.00), exclusive of interests, damages of
whatever kind, attorneys fees, litigation expenses and costs the amount of which
must specifically alleged.
Exclusive original jurisdiction cases of forcible entry and unlawful detainer:
Provided, that when, in such cases, the defendant raises the question of
ownership in his pleadings and the question of possession cannot be resolved
without deciding the issue of ownership, the issue of ownership shall be resolved
only to determine the issue of possession; and
Exclusive original jurisdiction in all civil actions which involve title to, or
possession of, real property, or any interest therein where the assessed value of
the property does exceed Twenty thousand pesos (P20,000.00) or, in civil actions
in Metro Manila, where such assessed value does not exceed Fifty thousand
pesos (P50,000.00) exclusive of interest, damages of whatever kind, attorneys
fees, litigation expenses and costs.

Sec. 33 of Batas Pambansa Blg. 129 provides that the Supreme Court may
designate MeTC, MTCCs, MTCs, and MCTCs to hear and determine cadastral or land
registration cases where the value does not exceed One hundred thousand pesos
(P100,000.00). Their decision can be appealed in the same manner as the Regional
Trial Courts.
The MeTC, MTCCs, MTCs, and MCTCs are empowered to hear and decide
petitions for a writ of habeas corpus or applications for bail in criminal cases in the
province or city in the absence of the Regional Trial Court Judges.

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The Supreme Court approved on the September 9, 2008 the Rule of Procedure for
Small Claims Cases (A.M. No. 08-8-7-SC) which took effect on October 1, 2008 after its
publication in two newspapers of general circulation. Forty-four (44) first level courts
MeTC, MTCCs, MTCs, and MCTCs were designated to hear small claims cases. On
March of 2010, all first level courts in the country, except Sharia courts, were
empowered to hear small claims cases.
Small claims courts are also called People Courts. The cases are readily resolved
and are required to be decided in the first hearing. Lawyers are not allowed in hearings.
Thus, the procedure is considered inexpensive. These first level courts try small claims
cases for payment of money where the value of the claim does not exceed One
hundred thousand pesos (P100,000.00)interest and costs. These court shall apply
rules of procedure provided in A.M. No. 08-8-7-SC in all actions which are: (a) purely
civil in nature where claim or relief prayed for by the plaintiff is solely for payment or
reimbursement of sum of money; and (b) the civil aspect of criminal action, or reserved
upon the filing of the criminal action in court, pursuant to Rule 111 of the Revised Rules
of Criminal Procedure.

What are Sharia District Courts?

Sharia District Courts (SDCs) as provided for in paragraph (1) Article 143 of as
Presidential Decree No. 1083, shall have exclusive jurisdiction over the following cases:
1. All cases involving custody, guardianship, legitimacy, paternity and filiations
arising under the Code;
2. All cases involving disposition, distribution and settlement of estate of deceased
Muslims, probate of wills, issuance of letters of administration or appointment of
administrators or executors regardless of the nature or aggregate value of the
property;
3. Petitions for the declaration of absence and death for the cancellation or
correction of entries in the Muslim Registries mentioned in Title VI of Book Two of
the Code;
4. All actions arising from the customary contracts in which the parties are Muslims,
if they did not specified which law shall govern their relations; and

17

5. All petitions for mandamus, prohibition, injunction, certiorari, habeas corpus, and
all other auxiliary writs and processes in aid of its appellate jurisdiction.
The SDCs in concurrence with existing civil courts shall have original jurisdiction over
the following cases (paragraph [2] of Article 143):
1. Petitions by Muslim for the constitution of a family home, change of name and
commitment of an insane person to an asylum;
2. All other personal and real actions not mentioned in paragraph (1)(d) wherein the
parties involved are Muslims except those for forcible entry and unlawful
detainer, which shall fall under the exclusive original jurisdiction of the MTCs; and
3. All special civic actions for interpleader or declaratory relief wherein the parties
are Muslims or the property involved belongs exclusively to Muslims.

Sharia Circuit Courts

What are Sharia Circuit Courts?
Article 155 of Presidential Decree No. 1083 provides that the Sharia Circuit Courts
(SCCs) have exclusive original jurisdiction over:
1. All cases involving offenses defined and punished under the Code;
2. All civil actions and proceedings between parties who are Muslims or have been
married in accordance with Article 13 of the code involving disputes relating to:

Marriage;
Divorce recognized under the Code;
Betrothal or breach of contract to marry;
Customary dower (mahr);
Disposition and distribution of property upon divorce;
Maintenance and support, and consolatory gifts (muta); and
Restitution of marital rights.

3. Disputes relative to communal properties.

Rules of procedure are provided for in Articles 148 and 158. En Banc Resolution of the
Supreme Courts in 1983, provided the special rules of procedures in the Sharia courts
(Ijra-at-Al Mahakim Al Shariaa).
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Sharia courts and personnel are subject to the administrative supervision of the
Supreme Court. Appointment of judges, qualifications, tenure, and compensation are
subject to the provisions of the Muslim Code (Presidential Decree No. 1083). SDCs and
SCCs have the same officials and other personnel as those provided by law for RTCs
and MTCs, respectively.

Quasi-Judicial Agencies
Quasi-Judicial agencies are administrative agencies, more properly belonging to the
Executive Department, but are empowered by the Constitution or statutes to hear and
decide certain classes or categories of cases.
It must be noted that the Members of the Supreme Court and the lower courts cannot
be designated to any agency performing quasi-judicial or administrative functions.
Justices and judges cannot be designated to these agencies in accordance with the
principle of separation of powers. If they are allowed to be designated to administrative
agencies, then they are likewise performing executive function, thus violating the said
principle.
Quasi-judicial agencies which are empowered by the Constitution are the Constitutional
Commissions as follows:

Civil Service Commission

Commission on Elections
Commission on Audit

Quasi-judicial agencies empowered by statutes are as follows:

Office of the President. Department of Agrarian Reform

Securities and Exchange Commission
National Labor Relations Commission
National Telecommunication Commission
Employees Compensation Commission
Insurance Commission
Construction Industry Arbitration Commission
Philippine Atomic Energy Commission
Social Security System
Government Service Insurance System
Bureau of Patents, Trademark and Technology
National Conciliation Mediation Board
Land Registration Authority
Civil Aeronautics Board
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Central Board of Assessment Appeals

National Electrification Administration
Energy Regulatory Board
Agricultural Inventions Board and the Board of Investments

When needed, the Supreme Court issues rules and regulations for these quasi-judicial
agencies in the performance of their judicial functions. Republic Act No. 8799, known
as the Securities Regulation Code, reorganized the Securities and Exchange
Commission (Chapter II) and provided for its powers and function (sec.5). Specifically
provided for in these powers and function is the Commissions jurisdiction over all cases
previously provided for in sec. 5, Pres. Decree No. 902-A (sec. 5.2). The Supreme
Court promulgated rules of procedure governing intra-corporate controversies under
Republic Act No. 8799 (A.M. No. 01-2-04-SC).
Decisions of these quasi-courts can be appealed to the Court of Appeals except those
of the Constitutional Commissions: Civil Service Commission, Commission on Elections
and the Commission on Audit, which can be appealed by certiorari to the Supreme
Court (Art. IX-A, sec. 7).
Other Judicial Procedures
Katarungang Pambarangay - Presidential Decree No. 1508, or the Katarungang
Pambarangay Law, took effect December 11, 1978, and established a system of
amicably settling disputes at the barangay level. Rules and procedures were provided
by this decree and the Local Government Code, Title I, Chapter 7, sec. 339-422). This
system of amicable settlement of dispute aims to promote the speedy administration of
justice by easing the congestion of court dockets. The Court does not take cognizance
of cases filed if they are not filed first with the Katarungang Pambarangay.2
Alternative Dispute Resolution (ADR) System - Republic Act No. 9285 institutionalized
the use of an alternative dispute resolution system which serves to promote the speedy
and impartial administration of justice and unclog the court dockets. This act shall be
without prejudice to the adoption of the Supreme Court of any ADR system such as
mediation, conciliation, arbitration or any combination thereof. 2
The Supreme Court by virtue of an En Banc Resolution dated October 16, 2001
(Administrative Matter No. 01-10-5-SC-PHILJA), designated the Philippine Judicial
Academy as the component unit of the Supreme Court for court-referred or court-related
mediation cases and alternative dispute resolution mechanism and establishing the
Philippine Mediation Center. Muslin law provides its own arbitration Council called The
Agama Arbitration Council.
Other Judicial Procedures
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Katarungang Pambarangay - Presidential Decree No. 1508, or the Katarungang

Pambarangay Law, took effect December 11, 1978, and established a system of
amicably settling disputes at the barangay level. Rules and procedures were provided
by this decree and the Local Government Code, Title I, Chapter 7, sec. 339-422). This
system of amicable settlement of dispute aims to promote the speedy administration of
justice by easing the congestion of court dockets. The Court does not take cognizance
of cases filed if they are not filed first with the Katarungang Pambarangay.2
Alternative Dispute Resolution (ADR) System - Republic Act No. 9285 institutionalized
the use of an alternative dispute resolution system which serves to promote the speedy
and impartial administration of justice and unclog the court dockets. This act shall be
without prejudice to the adoption of the Supreme Court of any ADR system such as
mediation, conciliation, arbitration or any combination thereof. 2
The Supreme Court by virtue of an En Banc Resolution dated October 16, 2001
(Administrative Matter No. 01-10-5-SC-PHILJA), designated the Philippine Judicial
Academy as the component unit of the Supreme Court for court-referred or court-related
mediation cases and alternative dispute resolution mechanism and establishing the
Philippine Mediation Center. Muslin law provides its own arbitration Council called The
Agama Arbitration Council.2
1 The Philippine Judicial System, Dr. Raul C. Pangalangan
2 Philippine Legal Research, Milagros Santos-Ong

REPORT ON LOCAL GOVERNMENT CODE OF THE PHILIPPINES (1991)

Introduction
In 1986, the world was stunned when the Filipino people ousted the despotic regime of
Ferdinand E. Marcos through people power. While it was the end of his tyrannical
administration, it brought out into fruition the beginning of a new era and breed of
Philippine politics that is rooted in reforms in government underscored by democratic
governance and decentralization. A year after the famous bloodless revolution that
overthrown the Marcos rule, the Filipino people overwhelmingly enshrined the
Constitution that embraces democratic governance and decentralization.
Years after, fully-cognizant of the absolute power that absolutely corrupted the
administration of Mr. Marcos, former Senator Aquilino Nene Pimentel Jr authored the
groundbreaking Local Government Code (LGC) of the Philippines, passed by Congress
in 1991 and took effect in 1992. This Code devolved the very power of authority of
government that was enjoyed before by a solitary person who ran the country under
Martial Law and empowered the decentralization of governance and directs all local
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government units to be more efficient and dynamic in their organizations and operations
through responsible and accountable delivery of public services to the people.
Salient Inputs
Article X of the 1987 Constitution provides for the territorial and political subdivisions of
the Philippines as follows: province, cities, municipalities, and barangays. The 1991
Local Government Code (LGC) or Republic Act No. 7160, as amended by Republic Act
No. 909, provides the detail that implements the provision of the Constitution.
Because of this decentralization of power and authority, the country is now divided into
the following local government units:

Region 1: Ilocos Region

Region 2: Cagayan Valley
Region 3: Central Luzon
Region 4A: CALABARZON
Region 4B: MIMAROPA
Region 5: Bicol Region
Region 6: Western Visayas
Region 7: Central Visayas
Region 8: Eastern Visayas
Region 9: Zamboanga Peninsula
Region 10: Northern Mindanao
Region 11: Davao Region
Region 12: SOCCSKSARGEN
Region 13: CARAGA (created by Republic Act No. 7901, approved on February
23, 1995)
ARMM: Autonomous Region in Muslim Mindanao (created by Republic Act No.
6734, passed by both Houses of Congress on February 7, 2001 but lapsed into
law without the signature of the President in accordance with Art VI, Sec. 27 (1)
of the Constitution)
CAR: Cordillera Administrative Region (created by Republic Act No. 6766,
approved on October 23, 1989)
National Capital Region (NCR)

While the LGC elucidates that each territorial and political subdivision enjoys local
autonomy and self-determination as defined by the Constitution, it also highlights that
the President exercises supervision over all local government units.
The law stresses that each local government unit must have a set of both executive and
legislative officials. At the provincial level, the officials are elected governor, vice
governor, and members of the Sangguniang Panlalawigan. Cities and municipalities
each have a mayor, vice mayor, and members of the Council or Sangguniang Bayan for
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the municipality and Sangguniang Panglungsod for the City. All of them are elected by
their constituents for a term of three years.
In addition to these elected officials, there are ex-officio members who are deemed to
endeavor the realization of responsible, accountable and expeditious public service,
namely: the Local Presidents of the League of Barangays, the Presidents of the Local
Federation of the Sangguniang Kabataan, and Presidents of Sangguniang members.
The express provision of LGC also necessitates the membership to the Sanggunian of
three sectoral representatives: one from the women sector, one from the workers
sectors, and one from special sectors such as the Senior Citizen, urban poor, NGOs,
the differently abled and the indigenous people.
Local government units fundamentally provide for sanitation, operate markets and other
utilities. The LGC also devolves to all local units the administration of fundamental basic
services that their constituents need to avail of, to wit: social welfare, peace and order,
health and nutrition, maintenance of public works and highways and environmental
protection and agriculture.
In the spirit of decentralized and devolved power and authority, the LGC also authorizes
the local governments to impose certain taxes to support their pipelined public services
activities and initiatives. The main source of revenue, however, is the Internal Revenue
Allotment (IRA), which the National Government downloads and shares with them. With
the current practice and ruling, 60% of National Revenue from taxes goes to the
national level and the 40% goes for the benefits and usages of the LGUs in compliance
with their mandate to deliver public service.
In addition to the IRA share from the national government, the LGUs are also allowed to
impose real property tax in order to generate more taxes to be utilized in their various
projects and programs. It is now up to the LGUs what fiscal revenue mechanism and
assessment and collection policy they will take effect. LGUs are also allowed by law to
impose business and amusement tax. In barangay levels, part of their revenue
mechanism is the imposition of fees for barangay clearance which is a requisite before
business permits are issued by the cities and municipalities.
In order for a municipality to be converted into a city, a law or act of Congress must be
passed by virtue of the provisions of the LGC and the Constitution. A plebiscite must be
conducted to determine if majority of the people in the said municipality are in favor of
converting the municipality into a city.
Barangay is the smallest local government unity which is created, divided, merged,
abolished or its boundary altered by law or by ordinance of the Sangguniang
Panlalawigan or Sangguniang Panglungsod, subject to the approval of majority votes
casts in a plebiscite conducted by Commission on Elections ( (LGC of 1991, Title 1,
Chapter 1, Secs. 384-385).

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To date, the Department of Interior and Local Government (DILG) enumerated the
number of LGUs in the country as: 81 provinces, 33 highly urbanized cities, 5
independent component cities, 104 component cities, 1, 492 municipalities, and 42,
027 barangays.
But with the current administration of President Rodrigo R. Duterte, a new paradigm is
being presented to the Filipino people, federalism, however with the same call for
decentralization of power and authority. Much has been presented on policy statements
during his campaign and in the first 80 days of the mandate given to him by more than
16 million people, but much is still yet to be discussed and deliberated pending a new
law that shall enact this shift.

Other Government Agencies

Commission on Human Rights
i.

Powers and Functions

The Commission on Human Rights shall have the following powers and
functions:
Investigate, on its own or on complaint by any party, all forms of human rights
violations involving civil and political rights;
(2) Adopt its operational guidelines and rules of procedure, and cite for
contempt for violations thereof in accordance with the Rules of Court;
(3) Provide appropriate legal measures for the protection of human rights of
all persons within the Philippines, as well as Filipinos residing abroad, and provide
for preventive measures and legal aid services to the underprivileged whose human
rights have been violated or need protection;
(4) Exercise visitorial powers over jails, prisons, or detention facilities;
(5) Establish a continuing program of research, education, and information to
enhance respect for the primacy of human rights;
(6) Recommend to Congress effective measures to promote human rights
and to provide for compensation to victims of violations of human rights, or their
families;
(7) Monitor the Philippine Governments compliance with international treaty
obligations on human rights;
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(8) Grant immunity from prosecution to any person whose testimony or whose
possession of documents or other evidence is necessary or convenient to determine
the truth in any investigation conducted by it or under its authority;
(9) Request the assistance of any department, bureau, office, or agency in
the performance of its functions;
(10) Appoint its officers and employees in accordance with law; and
(11) Perform such other duties and functions as may be provided by law.
Office of the Ombudsman
i.

Powers and Functions

The Office of the Ombudsman shall have the following powers, functions, and
duties:
(1) Investigate on its own, or on complaint by any person, any act or omission
of any public official, employee, office or agency, when such act or omission appears
to be illegal, unjust, improper, or inefficient.
(2) Direct, upon complaint or at its own instance, any public official or
employee of the Government, or any subdivision, agency or instrumentality thereof,
as well as of any government-owned or controlled corporation with original charter,
to perform and expedite any act or duty required by law, or to stop, prevent, and
correct any abuse or impropriety in the performance of duties.
(3) Direct the officer concerned to take appropriate action against a public
official or employee at fault, and recommend his removal, suspension, demotion,
fine, censure, or prosecution, and ensure compliance therewith.
(4) Direct the officer concerned, in any appropriate case, and subject to such
limitations as may be provided by law, to furnish it with copies of documents relating
to contracts or transactions entered into by his office involving the disbursement or
use of public funds or properties, and report any irregularity to the Commission on
Audit for appropriate action.
(5) Request any government agency for assistance and information
necessary in the discharge of its responsibilities, and to examine, if necessary,
pertinent records and documents.

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(6) Publicize matters covered by its investigation when circumstances so

warrant and with due prudence.
(7) Determine the causes of inefficiency, red tape, mismanagement, fraud,
and corruption in the Government and make recommendations for their elimination
and the observance of high standards of ethics and efficiency.
(8) Promulgate its rules of procedure and exercise such other powers or
perform such functions or duties as may be provided by law.
The Office of the Ombudsman shall enjoy fiscal autonomy. Its approved
annual appropriations shall be automatically and regularly released.

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