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*nothing can override the constitution because it Modern view: the court simply refuses to
is the ultimate expression of the will of the recognize and determine the rights of the parties
people, from who all sovereignty emanates so in
ELEMENTS OF A STATE:
case of conflict, the constitution must prevail
-people
Hierarchy of laws:
-government
Constitution – supreme law of the land -territory
-sovereignty
Statutes – created by congress which is derived *Republic of the Philippines is a democratic and
from the constitution republican state because sovereignty resides in
the people
Implementing Rules and Regulations –
written by the agencies of the Executive branch -democracy: essence of it is individual
to put statute in force sovereignty
-republican: representative government
*Doctrine of Hierarchy of laws: the IRR who runs to serve the people
cannot supersede or negate a law passed by the *NATIONAL SOVEREIGNTY: individual
congress, in the same way where the statutes sovereignty collectively
*PHILIPPINE NATIONAL TERRITORY: it instruments shall be governed by laws of
comprises the Philippine archipelago with all the the country in which they are executed
islands and waters embraced therein and all
other territories over which the Philippines has FUNDAMENTAL POWERS OF THE
sovereignty or jurisdiction; the laws only apply STATE:
within the territory
-Police powers- regulate liberty and
POLITICAL LAW IN THE PHILIPPINE property for the promotion of general
NATIONAL TERRITORY: applicable to the welfare
Philippine national territory as well as the
-Eminent domain- acquiring private
embassies of the Philippines as its extension
property in exchange of just
CRIMINAL LAW IN THE PHILIPPIN compensation
NATIONAL TERRITORY: penal or criminal
-Taxation – demanding proportionate
laws are applicable extending up to its
share for the maintenance of the
boundaries:
government
ART. 2: except as provided in the
DOCTRINE OF SEPARATION OF
treaties and laws of preferential
POWERS: prevent a concentration of authority
application, the provisions of this code
in just one group of persons that might lead to
shall be enforced not only within the
an irreversible error or abuse in its exercise.
Philippine archipelago but also outside
Each branch exercises powers exclusive to it
its jurisdiction against those who
without due influence from the other two
-should commit an offense while on a branches; the functions of each department
Philippine ship or airship should be kept apart to prevent centralization of
too much power.
-should forge or counterfeit any coin or
currency note of the Philippine island or LEGISLATIVE DEPARTMENT – POWER
obligations and contracts OF THE PURSE
Treaty of Paris: Spain ceded the islands to the Corazon Aquino: weak and fractious; there were
US several coup attempts that made it hard for
stability and economic development
President Aguinaldo led a war of resistance
against the Americans – Philippine-American Fidel Ramos: National Reconciliation became
War his highest priority; legalized the communist
party; created National Unification Commission;
First legislative assembly was elected and a Peace agreement with MNLF
bicameral legislature, under Philippine Control,
was established Joseph Ejercito Estrada: promised to alleviate
poverty but was impeached and put Gloria
Catholic Church was disestablished Macapagal Arroyo as the next president and won
another term against Fernando Poe Jr.
EXECUTIVE BRANCH OF THE
GOVERNMENT
Malolos Constitution: first important document Philippine Organic Act- with the achievement of
enacted by the Malolos Congress with 101 peace, a legislature would be established
articles and 7 titles; created a Filipino state with composed of a lower house (Philippine
three branches of the government – E,L,J; Assembly) and an upper house (Philippine
provides safeguards against abuses and Commission)
enumerated the national and individual rights
• PHILIPPINE ASSEMBLY
Pedro Paterno was the president of the Assembly
of Representatives Composed of predominantly Filipinos
Although a Filipino was always appointed chief JUDICIARY FROM THE SUPREME COURT:
justice, the majority of the members of the
Supreme Court were Americans. Complete Supreme court is a part of the Judiciary wherein
Filipinization was achieved only with the they are composed of different courts in
establishment of the commonwealth in 1935 different levels
The membership in the Supreme Court SUPREME COURT FROM THE DEPARTMENT
increased to 11 –a chief justice and ten associate OF JUSTICE
justices in 1935
Supreme Court heads the judicial branch of the
Under the 1973 constitution, the membership of government; it has supervisory power over all
the Supreme Court was increased to 15 trial courts, the CA, Sandiganbayan and the
Court of Tax Appeals
Under the 1987 Constitution, the constitution
vests the judicial power in one Supreme Court Department of Justice is a department of the
and in such lower courts as may be established executive branch; has supervisory power over all
by law prosecutors and public defenders, the National
Bureau of Investigation, Bureau of Immigration,
Board of Pardons and Parole and Bureau of
Corrections
OVERVIEW OF THE PHILIPPINE
JUDICIAL SYSTEM BAR FROM BENCH
The Filipino national court system consists of Bench: denote the body of judges taken
four levels: Local and regional trial courts; Court collectively
of Appeals; Supreme Court; an informal local
system for arbitrating or mediating certain Bar: refers to the aggregate lawyers whose
disputes outside the formal court system names are included in the Roll of Attorneys of
the Supreme Court
Sandiganbayan: Government anticorruption
court system; hears criminal cases brought JUDGES AND JUSTICES
against senior officials.
Judges: presiding officers of the lower trial
A Shari’a: Islamic law court system, with courts (Municipal and City courts, RTC and the
jurisdiction over domestic and contractual Shari’a Courts)
relations among Muslim Citizen, operates in
some Mindanao provinces. Justices: judicial officers of the appellate court
levels (CA, Sandiganbayan, Court of Tax Appeals
Supreme Court is comprised of a Chief Justice and the SC)
and 14 Associate Justices; their members are
selected by the president from a list of nominees NO TRIAL BY JURY IN THE PHILIPPINES
submitted by Philippine Judicial and Bar
In the Philippines follows the civil systems SHARI’A COURTS:
where there is no jury trial unlike in the common
law countries like the US and UK In some provinces in Mindanao where the
Muslim Code on Personal Laws is enforced
LEVELS OF THE COURTS IN THE
PHILIPPINES (Hierarchy of Courts) COURT OF TAX APPEALS
SANDIGANBAYAN
MTC
Exclusive jurisdiction over violations of the Anti-
Graft and Corrupt Practices Act and other
MUNICIPAL AND CITY COURTS offenses or felonies committed by public officials
and employees in relation to their office; cases
Municipal Trial Courts: court covers one where the penalty is more than 6 years of
municipality imprisonment or a fine of 6,000
Municipal Circuit Trial Courts: court covers two Appellate jurisdiction over the decisions of the
or more municipalities MTCs and the RTCs in cases of the same nature
where the penalty prescribed by law is 6 years or
Metropolitan Trial Courts: municipal courts in
less of imprisonment and a fine of less than
Metro Manila
6,000
Municipal Trial Court in Cities: courts in cities
COURT OF APPEALS
outside Metro Manila
Cases by appeal from the RTC, quasi judicial
REGIONAL TRIAL COURT (formerly known
agencies, board or commissions
as the Court of First Instance)
SUPREME COURT
In 13 regions of the Philippines, there are many
RTC in them with a total of 720 RTCs Highest court of the land
They decide on cases coming from the MTC, TIME FRAME FOR THE COURT TO DECIDE
MCTC, MTCC and MetroTC by appeal CASES
They exercise exclusive jurisdiction in all Supreme Court: within 24 months from the date
criminal cases not within the exclusive and of submission
original jurisdiction of any court, tribunal or
body All lower collegiate courts: within 12 months
In civil cases, as long as the subject of the All other lower courts: within 3 months
litigation is incapable of pecuniary estimation
JURISDICTION: power and authority of the *Supreme court has three divisions who also
court to hear, try and decide a case to determine have the same authority as the En Banc. By
a cause or right to act in a case usually given to a sitting in divisions, the Supreme Court further
judge to take cognizance of and decide cases increases its capacity to dispose of cases pending
according to law and to carry his sentence into before it
execution
FORUM SHOPPING: Direct filing with the court
TERRITORIAL JURISDICTION: power of a en banc while appeal is already filed with a
judge in relation to his territory where it division
comprises the tract of land or district
*Second appeal is allowed under the rules of
ACQUISITION OF JURISDICTION procedures. Neither is a petition for certiorari
available as a remedy under the rules for
• over the petitioner or plaintiff: filing of assailing the decision of the court itself.
the complaint, petition or initiatory
pleading before the court SUPREME COURT RESOLUTION: a
• over the defendant: voluntary decision or resolution of a Division of the Court,
appearance by him when concurred in by a majority of its members
• over the subject matter: conferred by who actually took part in the deliberations on
law these issues in a case and voted thereon, and in
• over the res (thing): actual or no case without the concurrence of atleast 3
constructive seizure members
Public Law: governs the relationship between Substantive law: defines the rights and duties
the state and the people of the people; creates and resolves the issue
between parties
CIVIL LAW AND CRIMINAL LAW
JURISDICTION IS DIFFERENT FROM VENUE REAL ACTIONS- those brought for the
protection of real rights, specific recovery of
JURISDICTION VENUE lands, tenements, or one founded on privity of
Refers to the place or estate only.
Refers to the authority
the court where the
to hear and determine
case is to be tries and PERSONAL ACTIONS- those brought for the
a case
heard protection of real rights, specific recovery of
A matter of A matter of procedural goods and chattels; damage, contracts, injuries.
substantive law law
Established a relation MIXED ACTIONS- brought for protection or
Established a relation between plaintiff and recovery of real property and also for an award
between the court and defendant, or
subject matter petitioner and for damages sustained.
respondent
Fixed by law and May be conferred by -
cannot be conferred by the act or agreement of
the parties the parties IN REM ACTION- directed against the thing
itself. (Land Registration)
-Is a pleading in which a defending party sets -Is a pleading, the office or function of which is
forth his defences to deny, or allege facts in denial or avoidance of
new matters alleged by way of defense in the
SECTION 5. Defences
answer and thereby join or make issue as to such
NEGATIVE DEFENSE- the specific denial of the new matters. If a party does not file such reply
material fact or facts alleged in the pleading of all the new matters alleged in the answer are
the claimant essential to his cause/s of action deemed controverted.
*In Cayetano v. Monsod, supra, the Supreme Court It is the submission of petitioner that the
applied the so-called “modern concept of the practice advertisements above reproduced are champertous,
of law” instead of the “traditional or stereotypical unethical, demeaning of the law profession, and
notion of law practice” in upholding the appointment destructive of the confidence of the community in the
of Monsod as the COMELEC Chairman integrity of the members of the bar and that, as a
member of the legal profession, he is ashamed and
Case: Ulep v. The Legal Clinic, Inc. (223 offended by the said advertisements, hence the reliefs
SCRA 378) sought in his petition as herein before quoted.
- includes each step of a course of action -are the rules of law and are binding
that begins with an analysis of the facts upon the courts, government, and
of a problem and concludes with the individuals
application and communication of the
results of the investigation MANDATORY AUTHORITY- involves a
knowledge of which law-making bodies issue
LEGAL ANALYSIS- is the process of legal authority for a particular jurisdiction.
determining how the law applies to the problem
*The concept of jurisdiction initially involves a
Legal research and analysis- involve determining determination of whether an issue that arises in
how the law applies to the facts of the case, a particular geographic location is governed by
which in turn requires knowledge of what the national law.
law is, how to find it, and the general principles
that govern its application. *Mandatory statutory authority must be
followed; mandatory judicial authority must be
LEGAL RESEARCH DIFFER FROM followed under the principle of Stare Decisis,
RESEARCH IN OTHER CONTEXTS unless the court decides that changed
circumstances warrant a different outcome.
In the process of researching a legal issue,
consult: PRIMARY SOURCES PERSUASIVE PRIMARY AUTHORITY- can
-Statutes( legislative enactments) include court decisions of other jurisdiction,
-Cases (Opinions of the judiciary) which do not have to be followed but which may
-Regulatory materials (Administrative agency be used as examples of good reasoning.
regulations and decisions
HIERARCHY OF LAWS
LEGAL AUTHORITY
-exists between the two primary sources of law:
Purpose: is to find the “authority” that will aid in enacted law and common law.
finding a solution to a legal problem.
*A court decision may interpret a legislative act,
Process: Legal research and analysis requires a but it cannot overrule an act unless it is
determination of what law applies to a legal determined that the act violates the constitution.
question and how it applies.
SECONDARY LEGAL AUTHORITIES- are
TYPES OF LEGAL AUTHORITIES descriptions of, or commentary on, the law.
-includes law review articles, treatises, The determination of whether an enacted law
Restatements of the Law, legal encyclopaedias applies to govern a legal question or issue before
and other similar items. a court is addressed will need the following 3-
step process:
-Secondary sources can be used only as
persuasive authority. (vary widely in their Step 1: Identify all the laws that may govern the
relative weight as persuasive authority) question.
Step 2: Indentify the elements of the law or
-is commentary on the law that does not have statute.
binding effect but aids in explaining what the Step 3: Apply the facts of the case to the
law is or should be. elements.
PRIMARY AUTHORITY AND SECONDARY ROLES OF AUTHORITY
AUTHORITY DISTINGUISHED. Primary Authority A source of law court
must rely on when
TYPES OF AUTHORITY reaching a decision,
Primary Authority The law itself, such as such as an enacted law
constitutions, statutes, (statute, ordinance,
ordinances, and case laws) that
administrative rules governs the legal
and regulations, and questions being
court decisions addressed, or an
Secondary Authority A source a court may opinion of a higher
rely on that is not the court in the
law, such as legal jurisdiction that
books, legal addressed the same or
encyclopedias, a similar legal question
restatements of the and facts
law, treatises, and law Secondary Authority Any authority a court
review articles. is not bound to
consider or follow but
may consider or follow
MANDATORY OR BINDING AUTHORITY AND when reaching a
PERSUASIVE AUTHORITY DISTINGUISHED. decision, such as a
opinion of a court in
Mandatory or Binding authority- is an authority another state on the
that the court MUST follow. same or a similar
issue, or a secondary
Persuasive Authority- is one which the court authority source
(encyclopedia article,
MAY OPTIONALLY follow.
legal dictionary
definition, legal books,
Primary Authority- are binding upon the court,
and so on.)
agency or tribunal that may be deciding the legal
issue one is researching.
MANDATORY CASE LAWS
-it is binding because if one’s argument
relies upon or citied the constitution, a -The court decision must be on point
statute, a case, or and administrative
regulation that is relevant to a legal -The court decision must be written by a higher
issue, it must be followed court in that jurisdiction(usually the Supreme
Court of the Philippines)
*all other authorities (secondary authorities) are
persuasive only.
A PRIMARY AUTHORITY IS NOT ALWAYS Municipal Laws and Executive
BINDING; ISSUE ABOUT JURISDICTION Ordinances
(P.138)
Secondary Authorities (persuasive)
SECONDARY AUTHORITIES ARE USEFUL Dictionaries
LEGAL RESEARCH TOOLS (P.138) Annotations
Encyclopedias
SOURCES OF AUTHORITIES Law Review Articles
Periodical Publications
2 principal ways: through legislative action and Treatises and texts
through court action. Attorneys general opinions
Restatements
2 primary sources of law in the Philippines: Foreign sources
enacted law or statute, and common or case law. Form books
Practice guides
1. Legislature
2. Supreme Court
THE LEGAL RESEARCH PROCESS
3. Administrative Bodies
4. Local Government Units -Legal research is not a linear process.
5. The President Of The Republic
STEPS:
1. Visitor Registration
2. Checking Out Materials
3. Shelving
4. Fines and Overdue Materials
5. Late fees
6. Drinks, Food and tobacco-
prohibited
7. Lost and Found
8. Noise and Disruptive behaviour
9. Personal Valuables
10. Restrooms
11. Telephones
12. Cell Phones, Pagers, Laptop
computers.
9. CODE
Chapter 12
LEGISLATIVE HISTORY RESEARCH
1. 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
President’s opinion about the purpose
Types:
- MAJORITY OPINION- are those written
by a member of the majority after the 5. Publication of cases
court reached its decision; the ratio - Compilation of judicial decisions are
decidendi or the holding announced by printed in case reports or reporters
the majority opinion is the law and - SCRA/ Supreme Court Reports
serves as binding authority on lower Annotated (Central Lawbooks Inc.)
courts in the Philippines. - SCAD/ Supreme Court Advance
- PER CURIAM OPINION- is one in Decisions (Rex Bookstore)
which all the justices are of one mind - Digests- usually the best source to locate
and whish is so clear that they do not cases on a specific topic.
deem it necessary to elaborate it by an
extended discussion. a. Slip Opinions and Advance Sheets
- CONCURRING OPINION- these are b. Official and unofficial Publication
opinions written by justices who agree i. OFFICIAL- Philippine
with the actual result reached in a case. Reports; Official Gazette
- DISSENTING OPINION- are those ii. UNOFFICIAL- SCRA,
written opinion by the minority. SCAD, Lex Libris.
- MEMORANDUM OPINION- provide c. Law Reports
the holding or result but little, if any, d. Electronic Formats
reasoning therefore; not encouraged e. Case or court reports
- EN BANC OPINION- “in the bench” or f. Case law citation
“full bench”
b. Administrative Decisions
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)
v. Evaluate the methods (research)
CHAPTER 18 used in the item;
vi. Evaluate the reliability of the item;
vii. Discuss the author’s background;
LEGAL BIBLIOGRAPHY viii. Discuss any conclusions the
author(s) may have made;
2. Legal Bibliography ix. Describe your reaction to the item
a. Bibliography
c. Purpose of an Annotated Bibliography
Divided: Enumerative/ Systematic
i. A review of the literature on a
Category: Analytical/ Critical
particular subject;
ii. Illustrate the quality of research
b. Kinds of Bibliography that you have done;
- Enumerative Bibliography iii. Provide examples of the types of
- Analytical Bibliography sources available;
iv. Describe other items on a topic
c. Enumerative Bibliography: that may be of interest to the
Bibliography is a list, either indicative reader;
or comprehensive, of works, and can v. Explore the subject for further
contain no more than a source in any research
given singular bibliography: author,
subject, period published, mentioned d. Annotations vs. Abstracts
in, or relevant to, a particular work.
ABSTRACT- are the purely descriptive
d. Analytical Bibliography: summaries often found at the
- Descriptive- is the close beginning of scholarly journals articles
examination of the book as a or in periodical indexes.
physical object, recording its
sized, format, binding... ANNOTATIONS- are descriptive and
- Historical- takes a broader view of critical they expose the author’s point
printing and publishing of view, clarity and appropriateness of
- Textual-is another name for expression, and authority
textual criticism
e. The Process of Annotation (p.330)
2. Annotated Bibliography
f. Sample Annotated Bibliography
a. ANNOTATED BIBLIOGRAPHY- a (P.330)
bibliography that gives a summary of
the research that has been done. 3. Philippine Legal Bibliography (P.331)
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;