CHAPTER 3: GOVERNMENT AND THE 1.

Control of all executive departments and

STATE
LEGAL SYSTEM
- Operating set of legal institutions, procedures
and rules.
-Unwritten practices, beliefs and attitudes of
those involved one way or the other with the law
2 Definitions of Law
General Sense: mass of obligatory rules
established for the purpose of governing
relations of persons in society
Specific Sense: Rule of conduct, just, obligatory,
promulgated by authority, and of common
observance and benefit
administrative agencies
2. Supervises Local Governments
3. Ensures the implementation of Laws
4. Commander-in-Chief (i.e. Suspension of
Writ of Habeas Corpus)
5. Appoint heads of executive departments,
ambassadors, public consuls, officers in
armed forces.
6. Guarantee Foreign Loans with approval
of Monetary Board
7. Grant pardons, reprieves, remit fines,
amnesty with concurrence of Congress.
8. Approves/vetoes laws
LEGISLATIVE DEPARTMENT

CONGRESS: Composed of Senate (24 Senators;

Common Law Civil Law
Definition Growing and Laws by 6 years) and House of Representatives (250
Ever changing Legislation members; 3 years).
System
Based on Jurisprudence Statutes Regular session is once every 4th Monday of July
(or whenever)

CHAPTER 4: PHILIPPINE LEGAL Officers: Senate president, Speaker, other

INSTITUTIONS : SOURCES OF LAW AND officers
STRUCTURE OF GOVERNMENT
Electoral Tribunal: 9 Total (3 Justices chosen by
A. Sources of Law CJ, 6 members of the Senate or House)

3 sources of law the three branches of Phl JUDICIAL DEPARTMENT

Govt
Hierarchy: SC, CA, CTA, RTC, MTC, MCTC.
B. Structure of Government
*For Muslims: Sharia circuit and district courts.
PHL Republican in Form and under
*Sandiganbayan has same rank with CA
Presidential System
- Each branch is supreme, coordinate and co- SC Composition: CJ + 14 Associate Justices
equal with the others (AJ)
EXECUTIVE DEPARTMENT AJ have divisions (en banc)
Executive Powers vest in a President. SC has ORIGINAL jurisdiction over cases
affecting: Ambassadors, public ministers,
PETITIONs for certiorari, prohibition,
Powers: mandamus, quo warranto and habeas copus.
SC has power in all cases such as:
1. Constitutionality and Validity of
decrees, regulations, agreements and law
2. Legality of tax, impost assessment or
toll and penalty
3. Jurisdiction of lower court is an issue
4. All criminal cases where reclusion
perpetua and higher is sanctions
5. Error or question of law is involved
SC is sole judge of contests relating to elections,
returns and qualifications of President and VP.
CHAPTER 6: STATUTE LAW (SL)
2 Main classifications of law is Statutes
(Legislation) and judicial opinions; Statute Law
and Case Law.
A. Concept, Scope and Classifications
Definition of Statute Law:
Rules declared by the competent authorities for
the governance of the community.
CONVENTIONAL AND SUBORDINATE
LEGISLATION
Classification of SL
1. Conventional
Enactments by national or local legislative
bodies
2. Legislation
All rules and orders by administrative and
judicial agencies
3. Subordinate Legislation
Only valid upon showing that the delegation
itself is valid. The law provides the
circumstances under which the legislative
command is to be effected.
EXTERNAL AND INTERNAL
LEGISLATION
External rules of general application affects
order and procedure in a community (ie Civil
Code)
Internal rules of restricted application; affects
order and procedure among members of the 3
branches of government (i.e. Rules of Procedure
on Impeachment Trials)
B. Statute Law
Constitution:
-Written instrument by which the fundamental
powers of the government are established,
limited and defined.
-Powers are distributed among the several
departments for the safe and useful exercise.
-highest primary authority
I. 1935 Constitution, as amended in 1939,
1940 and 1947
Liberalized all laws and economic provision
of the Tydings-Mcduffie Law.
II. 1943 Constitution
Passed during the Japanese Occupation (eff.
WWII). Transition from Commonwealth to
the Republic with the complete withdrawal
from US sovereignty.
III. 1973 Constitution
Approved during the martial law era (Sept
21, 1972).
Promulgated in English and Pilipino and
translated to several local dialects, and
Spanish and Arabic. In case of conflict,
English prevails.
IV. 1987 Constitution
Approved by the Constitutional Commission of
1986 headed by Justice Cecilia Munoz Palma
after 3 months of deliberations on October 12,
1986. 48 commissioners signed on October 15.
Treaties and Other International Agreements
Treaty Primarily and an agreement or contract
between two or more nations or sovereigns,
entered into by agents appointed for the purpose
and duly sanction by the supreme powers of the
respective parties; Either bilateral or
multilateral; governed by 1987 Consti, EO 459
and jurisprudence.
DIFFERENCE BETWEEN INTERNATIONAL
AGREEMENTS (IA) AND TREATY acc. to SC
IA involving political issues or changes of
national policy and those involving international
agreements of a permanent character usually
usually take form as treaties. IA embodying
adjustments of detail carrying out well-
established national policies and traditions and
those of a temporary nature are executive
agreements.
1. No Treaty or IA shall be valid and
effective w/o 2/3 vote of all members of
Senate.
2. IA will be ratified by President, then
transmits to Senate.
3. DFA geographic office coordinates with
implementing agency in preparing the
policy papers for submission to the
Chairperson of the Senate Foreign
Relations committee.
Treaty undergoes 3 readings in the Senate:
1. Reading of Title, transmit to 15 member
Committee on Foreign Relations,
submits a committee report
recommending treaty.
2. Chairperson delivers sponsorship speech
at plenary session followed by a debate.
3. Submitted to final vote by yes or no.
Treaties need to be published in the Official
Gazette.
Statues Proper
Act of the legislature as an organized body,
expressly in the form and passed according to
the procedure required to constitute it as part of
the law of the land.
Public and Private Statutes
Public Affects the general public
Classification:
1. General law applies to the whole states
upon all people of all class
2. Special law relates to a particular
person, thing or community.
3. Local law operation is confined to a
specific place or locality
Private Affects a specific person or subject
Duration of a statute may be temporary or
permanent.
Application Prospective or Retrospective
Operation Declaratory, Curative, Mandatory,
Directory, Substantive, Remedial and Penal.
Forms Affirmative and Negative
HOW A BILL BECOMES A LAW
1. First Reading Reading the number and
Title of the bill, referred to the
appropriate committee for study and
recommendation.
2. Second Reading Bill shall be read in
full with amendments from Committee.
Debates, Motions and Amendments.
Members will vote. Included in calendar
of bills if successful.
 3. Third Reading Voted by Yeas and
Nays. Passed among the Houses. The
Bill is passed if there is no amendment.
Sent to President.
4. If presidents signs it, it becomes a law.
If vetoed, it will pass by Congress and
need 2/3 vote to be a law.
Presidential Issuances
Issued by the President in exercise of his
ordinance power.
E.O. providing for rules of a general or
permanent character in the implementation of
constitutional or statutory powers
A.O. relate to a particular aspect of
governmental operation to pursue his duties as
administrative head.
Proclamations sets a date or condition of
public interest of a law
Memorandum Orders Officer of Office of
Government
Memorandum Circulars internal administration
of departments, agencies, bureaus, offices for
information or compliance
General or Specific acts or commands as
Commander in Chief
Administrative Rules and Regulations
Head of offices are authorized to issue orders,
rules and regulations for the proper and efficient
performance of their duties for the enforcement
of laws within their jurisdiction. However these
must be valid within the authorized limits and
jurisdiction.
Legislature may delegate to another branch of
government the power to execute and enfore the
law, it is essential that the law is
1. Be complete in itself
2. Fix a standard (limits)
Administrative Code of 1987
Government and department orders need be filed
with the Office of National Administrative
Registrer (ONAR) at UP Law Center to publish
quarterly rules and regulations adopted by
government agencies.
ONAR is not only tasked to publish this
quarterly register but must update all rules in
effect.
All government agencies must file rules and
regulations with the ONAR. Except: Congress,
Judiciary, Constitutional Commissions, military
establishments, Board of Pardons and Parole,
and state universities and colleges.
Charters of Local Government Units (LGU)
Laws under City, town, municipal corporation,
barangays
LGC Batas Pambansa Blg. 337
Legislation of LGUs
Lawmaking power of LGU is ordinances which
only affects the locals.
Valid Ordinance must be within the corporate
powers of the city or municipality; must be
passed according to law
1. Not unconstitutional or un-statute
2. Must not be unfair or oppressive
3. Must not be discriminatory
4. Must not prohibit trade (pwede regulate)
5. General and consistent with public
policy
6. Must be reasonable
Smallest legislative body is sangguniang
barangay.
How to make Barangay Ordinance Internal rules of a court or agency with express
quasi-judicial powers. They govern practice and
1. Majority Vote of members procedure for parties who come before courts.
2. Reviewed by sangguniang bayan Must be published in Official Gazette.
3. Take action within 30 days from
submission (if not acted upon, it shall be 5 parts of Rules of Court
approved)
4. If inconsistent with law or other 1. Civil Actions
ordinances, returned for adjustment, 2. Special Proceedings
modification and amendment. 3. Criminal Procedure
5. Effectivity is suspended. 4. Evidence
5. Legal Ethics
How to make Municipal Ordinance
*Rules of court are equivalent to statutes
1. Affirmative vote of majority members
of sangguniang bayan (quorum).
2. Submitted to municipal mayor, within
10 days from receipt, shall return it and
it shall be deemed approved.
3. 2/3 of vote of SB may override mayors
veto.
4. Approved ordinance is submitted to
sangguniang panlalawigan for review.
W/in 30 days may invalidate ordinance
and be final.
5. If no action is taken, it shall be
approved.

How to approve city ordinance

1. Affirmative majority vote of

sangguniang panglungsod (quorum), is
necessary to pass ordinance.
2. Submitted to city mayor, w/in 10 days
from receipt, shall return it with
approval or veto.
3. If it is not returned, deemed approved.
4. SP may repass a vetoed ordinance with a
2/3 vote.
5. If component city, the approved
ordinance is passed to sangguniang
panglalawigan for review and shall be
taken action w/in 30 days, if not, valid.

Tribunal/Court Rules