ymStatutory Construction ○ introduced by the British colonies

Chapter 1: Introduction ○ Are based on judge-made law, which is developed on a case-by-case

Legal Method basis
● The process of arriving at the answers to legal questions. ○ Statutes: predominate in public law matters
● How to read and think about the law, how to do legal research, and how ● Civil Law
to do legal writing. ○ Introduced by the Dutch and the French
● Not concerned with principled, doctrines and rules compromising ○ Jurisdictions have comprehensive written codes, which are designed
substantive law in specific field. It concerns itself with the methodology to cover every area of law.
used, principally by courts, to create, elaborate and apply the substance. ○ Codes: it governs the law primarily in the area of private law
● Variety of topics: ● Legislation
○ Fact vs. law ○ Main source of law in both civil and common law jurisdictions
○ Stare decisis
○ Adjudicative vs. legislative ● Occupation of the PH:
○ Forms of legal reasoning ○ The PH was occupied by Spain, England, US, and Japan.
○ PH has a government that is inspired by the US.
○ Role of community ○ PH legal history has a tendency to acknowledge and accept the
existence of customary laws.
Legal Method vs. Statutory Construction vs. Legal Bibliography ■ Muslim Personal Laws have been recognized since 1997
● Legal Method ■ Autonomous Regions were sanctioned under the Consti
○ The process of arriving at the answers to legal questions. ■ Indigenous Laws were applied under the Indigenous
People’s Rights Acts
● Statutory Construction
○ Interpretation ● Arrival of SPAIN:
○ Art or process of discovering and expounding the meaning and ○ Spain arrived in 1521, and established a colonial government in
intention of the authors of the law 1565, and administered the islands for more than three centuries.
○ Spanish version of Roman Laws replaced many indigenous
● Legal Bibliography
regulations
○ Development of skills in the use of legal materials and the law ■ The colonial government permitted the indigenous peoples to
library retain their laws as long as they DID NOT CONFLICT with
Spanish traditions.
○ Spain introduced a dispute resolution system
Chapter 2: PH HISTORY and the LEGAL SYSTEM ■ Gobernadorcillo or village leader who could mediate and
resolve conflicts on the local level w/o resorting to more
The Hybrid System formal proceedings
● Has jurisdiction over civil cases and petty criminal
disputes over land boundaries and ownership.
● PH Legal System
■ Alcalde Mayors: presided over all initial criminal cases and
○ A mixture of civil and common law regimes.
civil suits involving substantial sums
○ Outcome of the successive colonization of the country by Spain and
● Appeals of the gobernadorcillo were taken here
the US.
■ Audiencia Territorial de Manila
○ Mixture of Islamic law, indigenous systems, Spanish civil law, and
● Supreme Court of Manila
American Common law

● Common Law
● Arrival of the US
○ U.S took control of the PH in the Spanish-American War
○ Treaty of Paris: Spain ceded the PH and other spanish colonies
to the U.S (Dec 1898)
■ PH’s gradual shift towards common law, while permitting
certain aspects of Roman Law and indigenous traditions
to continue
○ Americans permitted the Spanish court system to remain
essentially untouched:
■ Filipino Justices of the Peace: presided over the local
courts
■ Highest Court of Appeals: was the United States
Supreme Court
○ “Judiciary Act”
■ Abolished the Audencia and the courts of first instance
■ It established the Supreme Court, Courts of First Instance,
Municipal Courts, and Courts of Justice of Peace,
abrogating ALL spanish courts
■ JUDICIAL SYSTEM modeled in all its essential
characteristics on the judicial system of the US = THE
MOST IMPORTANT IMPORTATION OF THE
AMERICANS
● The importation of American law in the PH did not
go smoothly because of “the powerful nationalistic
movement in the PH embraced the RETENTION of
SPANISH LAW as an instrument of protest”.
■ Supreme Court of the PH respected the civil law tradition
introduced by Spain.
● Early decisions of the SC held that NEITHER the
English common law NOR American jurisprudence
was in force in the PH.
○ The Americans attempted to TRAIN the Filipinos to govern
themselves, working to create a version of the American political
structure in Asia.
○ Filipinos elected delegates to a convention that drafted a
constitution approved by the US Pres, and it went into effect in
1935. (was designed to prepare PH for an independent republic)
■ THE 1935 CONSTITUTION continued in effect for 37
years, until former Pres Marcos declared MARTIAL LAW
in Sept 21, 1972.
■ In 1986, Marcos fled to Hawaii after attempting to steal an
election that was intended to provide him with a new
mandate to helm the PH.
● AQUINO ADMINISTRATION
○ Pres CORAZON AQUINO assumed presidency and established
a revolutionary government.
○ She abolished the National Legislature and replaced most of the
SC Members
○ Aquino appointed a 50 person commission to write a new
constitution.
■ The commission guaranteed that it would produce a
document that adhered closely to the pre-martial law
institutional framework.
■ Their reforms included TERM LIMITS and
CONSTRAINTS ON PRESIDENTIAL POWER to make it
more difficult to declare Martial Law.
■ The Constitutional Commission convened on June 2,
1986.
● The Commission finished a draft by Oct 15 and the
plebiscite for the constitution’s ratification was held
on Feb 1987
● MUSLIM AUTONOMY
○ Creation of the Autonomous Regions was meant to accommodate
the demands of the Muslims for meaningful autonomy in the
governance of their affairs.
○ Conflicts in Mindanao began with the displacement of indigenous
people.
■ The displacement was complemented by a legal regime
imposed by the Spanish and American Colonizers that
DID NOT recognize private ownership rights of
indigenous communities.
■ Muslims began to take up arms and the Moro National
Liberation Front (MNLF) was created to establish a
Muslim state.
● Marcos cited this movement as one of the reasons
why he declared Martial Law in ‘72.
○ Tripoli Agreement: PH govt enters a peace treaty with the MNLF
in 1976 (Marcos never implemented the agreement)
○ 1987 Constitution: contains broad provisions on Muslim political
autonomy.
■ Government successfully crafted the Final Peace
Agreement with the MNLF in 1996.
● Agreement created transitional bodies such as:
 ○ Southern PH Council for Peace and
Development: to oversee economic
developments in Mindanao
○ Special Zone for Peace and Development
(SZOPAD)
■ ARMM continued to be the government’s main response
to Muslim grievances, but it had little support from Manila.
■ Since 2001, Malaysia facilitated the Government of the
PH-MILF talks
● Main Agenda:
○ Security
○ Rehabilitation
○ Ancestral Domain - It demands include
territory to constitute a Moro homeland,
sufficient control over economic resources
on that land, and a structure of governance
consistent with Moro culture.
■ GRP-MILF peace agreement: it would govern the enabling
law for the Moro homeland, PREVENTING the Congress
from emasculating Moro gains negotiations
■ Comprehensive Agreement on the Bangsamoro (CAB)
● Govt of the PH and the MILF signed this act which
ended decades of hostilities
● Signed on March 27, 2014
● CAB was supposed to be the basis for the
BANGSAMORO BASIC LAW that will govern the
Bangsamoro. (Bangsamoro was NOT enacted by
the 16th congress)
● THE PH SUPREME COURT IN HISTORY
○ The Pre-Marcos SC was one of the world's most independent,
important, and prestigious SCs.
○ Pre-martial law supreme courts:
■ “The most important legitimizing institution in the PH”
■ Courts had “the respect and confidence of the PH people”
■ “One of the cohesive elements in the nation state that is
being developed in the PH”
○ By the time Marcos regime ended, the SC was regarded by many
as a total subservient to the President, and partial, narrow, and
timid in its jurisprudence
■ SC resolved all legal challenges to the Marcos regime in
favor of Marcos
○ In Feb 1986, a revolutionary government under Cory Aquino
assumed power.
■ Aquino promulgated a Provisional Constitution w/c
abrogated/abolished the 1973 Constitution but retained
the Bill of Rights and power of the judicial review.
○ The PH Constitution was PATTERNED after the US Constitution.
○ It distributes power among three branches (EXECUTIVE,
LEGISLATIVE, JUDICIAL) that are CO-EQUAL and
INDEPENDENT.
■ The Constitution strengthened the judiciary to PREVENT
its subservience to the other branches of govt.
■ The SC first task was to “RECOVER THE PRESTIGE IT
HAD LOST AND RESTORE PUBLIC CONFIDENCE IN
ITS INDEPENDENCE”.
○ The Consti provides safeguards to ensure that judicial
independence is protected and maintained:
■ “The constitution expressly prohibits congress from
depriving the supreme court of its jurisdiction as
enumerated in section 5 article 7 of the constitution or from
passing a law that undermines the security of tenure of the
members of the judiciary
■ The constitution also mandates that judiciary shall enjoy
fiscal autonomy and grants the supreme court
administrative supervision over all courts and judicial
personnel
■ Jurisprudence has characterized administrative
supervision as exclusive noting that only the supreme
court can oversee the judges and courts personal
compliance with all laws rules and regulations
■ no other branch of government may intrude into this power
without running afoul of the doctrine of separation of
powers
■ Constitution protects as well the salaries of the justices
and judges xxx”
○ The previous Constitutions required a vote of two-thirds of all
the members of the court, or 10 votes before the SC could declare
a law unconstitutional.
○ The present system, 5 of 15 justices may declare a law
unconstitutional if only 8 justices (majority) took part in it.
○ The 1987 Constitution introduced the Judicial and Bar Council.
● BRANCHES OF GOVERNMENT AND THE JUDICIAL POWER
○ Under the 1987 Constitution, the Judicial Power is VESTED in
one Supreme Court and such lower courts as may be
established by law
○ Under the Consti, the PH is a DEMOCRATIC and REPUBLICAN
state; SOVEREIGNTY RESIDES IN THE PEOPLE AND ALL
GOVERNMENT AUTHORITY EMANATES FROM THEM.
■ It has a PRESIDENTIAL TYPE of government that
distributes power among three CO-EQUAL branches:
● EXECUTIVE
● LEGISLATIVE
● JUDICIAL
■ The DISTRIBUTION OF POWERS is a fundamental
maxim of constitutional law and essential to the
SEPARATION of the three branches of govt.
■ SEPARATION: one of the chief characteristics of our
Constitution
■ The Supreme Court is INDEPENDENT of executive or
legislative control, as the Executive and the Congress are
of the Judiciary
○ The 1987 Consti provides
■ EXECUTIVE = PRESIDENT OF THE PH
■ JUDICIAL POWERS = SUPREME COURT and lower
courts
■ LEGISLATIVE = CONGRESS OF THE PH
● These provisions establish a SEPARATION OF
POWERS.
● Each of the branches are independent from each
other
○ Principle of Separation of Powers may be violated when:
■ One branch of govt interferes with the other’s performance
of its constitutionality
■ One branch assumes a function that is more entrusted to
another
■ THERE IS A VIOLATION WHEN THERE IS
IMPERMISSIBLE
● Interference and/or assumption of another
branch’s functions
○ EXECUTIVE POWER
■ Vested in the PRESIDENT of the PH
■ President is assisted by cabinet secretaries
○ LEGISLATIVE POWER
■ Vested in bicameral CONGRESS of the PH
■ SENATE: composed of 24 senators elected at large by
voters of the country
■ HOUSE OF REPRESENTATIVES: composed of not more
than 250 members elected from legislative districts
■ The PH has adopted a party-list system
■ ONLY CONGRESS CAN MAKE LAWS, AND ALTER OR
REPEAL THEM
■ The President CANNOT suspend the operation of a
statute, and he cannot exercise the power to amend or
revoke a statute
■ President cannot invalidate a Torrens Title bec its
constitutes a JUDICIAL FUNCTION
○ Under Art. VIII, Sec. 1 of the Consti, Judicial Power is vested in
the courts.
○ Judicial power includes:
■ The duty of the courts of justice to settle actual
controversies involving rights that are legally demandable
and enforceable
■ To determine WoN there has been a grave abuse of
discretion amounting to lack or excess of jurisdiction in the
part of any branch
○ The court sits in THREE divisions that are made up of FIVE
justices each. Only certain cases does the SC sit EN BANC
○ The Internal Rules of the SC states that court en banc shall act
on the ff matters:
■ Cases which questions the constitutionality or validity
of a law
■ Criminal cases in which the appealed decision
imposes the death penalty or reclusion perpetua
■ Cases raising novel questions of law
■ Cases affecting ambassadors, other public ministers,
and consuls
■ Cases involving decisions resolutions and orders of the
civil service commission commission on elections and the
commission on audit
■ cases where the penalty recommended is the dismissal
of the judge disbarment of a lawyer suspension of any
of them for a period of more than one year or a fine
exceeding forty thousand pesos
■ TOO TAMAD TO LIST EVERYTHING SORRY HUHU
○ Although the Consti allows the SC to sit en banc or in divisions,
they are not considered separate and distinct
○ The Consti does NOT establish a hierarchy of courts within the
SC
○ The SC sitting en banc is NOT an appellate court. It exercises no
appellate jurisdiction over the latter
 ○ NO division of the court is inferior to the court en banc.
● ARTICLE VIII (its soooo long huhuhu)
● The Judicial Hierarchy
○ FIRST LEVEL
■ Metropolitan Trial Courts (MeTCs)
● Created in each metropolitan area
■ Municipal Trial Courts in Cities (MTCCs)
● Every city which does NOT form part of the
metropolitan area
■ Municipal Trial Courts (MTCs)
● Cities or municipalities
■ Municipal Circuit Trial Courts (MCTCs)
● Each circuit comprising such cities/municipalities
as grouped by law
■ Shari’a Circuit Courts (SCC)
● Established in Islamic regions to interpret and
apply the Code of Muslim Personal Laws
○ SECOND LEVEL
■ Regional Trial Courts
● Established in each of the 13 regions
● RTC may act as trial courts and may receive
evidence
● Exercise appellate jurisdiction
○ THIRD LEVEL
■ Court of Appeals
● Exercises its power, functions, and duties through
23 divisions of 3 members each
● The CA is assigned to review cases elevated to
it from the RTCs as well as quasi-judicial agencies
● It also reviews DEATH PENALTY cases as well as
decisions of the Office of the Ombudsman in
administrative disciplinary cases
● It is a collegiate court and may sit en banc
● Resolves cases ONLY on the basis of records
■ Two special courts:
● Sandiganbayan
○ Anti-graft court that tries public officers
(graft and corruption cases)
○ Composed of a Presiding Justice and 14
Associate Justices who sit in five divisions
of three justices each
● Court of Tax Appeals
○
Composed of Presiding Justice and 5
Associate justices and may sit en banc or
in two divisions of three justices each
○ Has exclusive jurisdiction to review on
appeal decisions in cases involving
disputed assessment, penalties in relation
thereto or other matters arising under the
national internal revenue code or tariff
customs code
● Shari’a Appellate Court
○ Created under the Autonomous Region in
Muslim Mindanao Organic Law (RA 6734)
has the power to Exercise original
jurisdiction over petitions for certiorari,
mandamus, habeas corpus, and other
auxiliary writs and processes in aid of its
appellate jurisdiction .
○ to exercise exclusive appellate jurisdiction
over all cases tried in the Shari'a District
Courts as established by law
○ appeals or petitions from final orders of the
Shari'a district courts filed with the CA shall
be referred to a Special Division to be
organized in any of the CA stations
composed of Muslim Court of Appeal
Justices
○ FOURTH LEVEL
■ SUPREME COURT
● Composed of a Chief Justice and 14 Associate
Justices who sit en banc or in divisions of 3, 5, or
7
● Has the power to settle actual controversies
involving rights that are legally demandable
and enforceable, and to determine WoN there
has been grave abuse of discretion amounting to
lack or excess of jurisdiction on the part of any
branch of the government
● “COURT OF LAST RESORT”
● “PRINCIPLE OF HIERARCHY OF COURTS”
○ Recourse must first be made to the lower
rank court exercising concurrent jurisdiction
w/ a higher court
○ Following of the Hierarchy of Courts is
necessary to prevent inordinate
 demands upon the SC’s time and
attention, w/ are better devoted to those
matters within its exclusive jurisdiction
○ PREVENTS OVERCROWDING OF THE
COURTS DOCKETS
● Two reasons for following court hierarchy:
○ It would be an imposition upon the precious
time of the Court
○ It would cause delay in the adjudication of
cases
● GENERAL RULE: Litigants should not immediately
invoke the SC’s jurisdiction after a setback in
litigation
● RULE 65 of the Rules of Civil Procedure:
○ Provides that a petition for certiorari may be
filed when “there is NO appeal, nor any
plain, speedy, and adequate remedy in the
ordinary course of law”
○ A party should file a motion of
reconsideration in the court where they lost
before filing a special civil action
(ex:certiorari)
○ A strict application of the rule is not
necessary when the cases brought before
the appellate court do not involve factual
but legal questions
● Exceptions to following the hierarchy:
○ There are genuine issues of
constitutionality that must be addressed
immediately
○ Issues are of transcendental importance
○ Cases of first impression warrant a direct
resort to this court
○ Constitutional issues are better decided by
the SC
○ Time element presented cannot be ignored
○ The filed petition reviews the acts of a
constitutional organ
○ No other plain, speedy, and adequate
remedy in the ordinary course of law
○ Petitions includes questions that are
dictated by public welfare xxx
● Doctrine of Judicial Stability
○ Judgement of a court of competent
jurisdiction may not be interfered w/ by any
court of concurrent jurisdiction
○ This doctrine is enforced to prevent
unseemly, expensive, and dangerous
conflicts of jurisdiction and processes.
● THE SEPARATION OF POWERS
○ It ordains that three branches of govt has exclusive
cognizance/awareness of and is supreme in matters falling with
its own constitutionality
■ LEGISLATION = CONGRESS
■ EXECUTIVE = EXECUTION or PRESIDENT
■ JUDICIARY = SETTLEMENT OF LEGAL
CONTROVERSIES
○ The powers are divided to avoid concentration of powers
○ Doctrine of Non-Delegation of Powers
■ “What has been delegated, cannot be delegated”
■ Delegated powers constitutes not only a right but a duty to
be performed by the delegate through instrumentality of
his own judgement and not through the intervening mind
of another
○ SC can only exercise judicial power
■ Judiciary is tasked with administering justice, settling
justifiable controversies or disputes xxx
■ Must be allowed to decide cases independently, free of
outside influence or pressure
○ Does not settle policy issues (it is the job of the legislative and
executive)
○ The court can only declare WHAT THE LAW IS, NOT WHAT THE
LAW SHOULD BE.
○ Courts do not declare laws. Courts interpret the law, but do not
enact them
○ They only APPLY OR INTERPRET THE LAWS WHERE GAP
EXIST.
○ Apply the law as they find it, not as they would like it to be
● CHECKS AND BALANCES
○ The constitution created a system of checks and balances that
allows one branch to restrain abuse by another.
 ■ It allows the “blending” of some of the executive,
legislative, or judicial powers in one body
■ Does not prevent one branch of govt from inquiring into the
affairs of other branches to maintain the balance of power
■ Ensures that there is no encroachment on matters within
the exclusive jurisdiction of other branches
○ Executive has NO authority to set aside and overrule a decision
of the SC
○ Congress can create administrative agencies, define their powers
and duties, and fix the terms of its officers & their compensation
■ It can also create courts, define their jurisdiction, and
reorganize the judiciary as long as it does not undermine
the security of its members.
■ Congress has the power to ensure that laws it enacts are
faithfully executed.
○ Senate’s treaty-concurring power is a form of check
○ Impeachment is another form of check (Estrada, Ombudsman
Gutierrez CJ Corona)
ADJUDICATION AND THE IDENTIFICATION OF RULES
● MUNICIPAL LAW
○ Constitution is superior to a statute
■ It is the fundamental and organic law of the land to w/c
every statute must conform and harmonize
■ Legislative enactments must NOT be repugnant to the
Constitution, and if a law violates the constitution, courts
of justice may step in to nullify its effectiveness
○ Congress may delegate authority to promulgate rules and
regulations to implement a law and effect policies
○ President is granted an “Ordinance Power” under Chap. 2, Book
III of EO. 292. The code authorizes the Pres to issue the following:
○ Executive Orders
■ acts of the President providing for rules of a general or
permanent character in the implementation or execution of
constitutional/ statutory powers.
■ do not have the force and effect of laws enacted by
congress
○ Administrative Orders
■ acts of the President which relate to particular aspects of
governmental operations in pursuance of his duties as
administrative head
○ Proclamations
■ acts of the President fixing a date or declaring a statute or
condition of public moment or interest, upon the existence
of which the operation of a specific law or regulation is
made to depend, shall be promulgated in proclamations
shall have the force of an EO.
○ Memorandum Orders
■ acts of the President on matters of administrative details
or of subordinate or temporary interest which only concern
a particular officer or office of government
○ Memorandum Circulars
■ acts of the president on matters relating to internal
administration which the President desires to bring to the
attention of all or some of the departments, agencies,
bureaus, or offices of the government, for information of
compliance
○ General or Specific Order
■ Acts and commands of the President in his capacity as
Commander-in-Chief of the AFP
○ President’s ordinance power is limited
■ He cannot issue decrees similar to those issued by Former
Pres Marcos under Presidential Proclamation No 1081.
● LOCAL ORDINANCES
○ Power of the LGUs is a delegated power coming from the
congress
○ LGUs cannot undo the acts of congress
○ LGUs act only as AGENTS of the National legislature and their
acts must reflect and conform to the will of their principal
○ For an ordinance to be valid:
■ Must NOT contravene the Consti or any statute
■ Must NOT be unfair or oppressive
■ Must NOT be partial or discriminatory
■ Must NOT prohibit BUT may regulate trade
■ Must NOT be unreasonable
■ Must be general & consistent w/ public policy
○ Where part of a statute is VOID, while another is VALID, the valid
portion may stand and be enforced
● INTERNATIONAL LAW
○ The consti “adopts the generally accepted principles of
international law as part of the law of the land xxx”
○ Doctrine of Incorporation
 ■ Country is bound by generally accepted principles of intl
law, w/c are considered automatically part of our own laws
■ Principles are deemed incorporated in the law as a
condition and consequence of its membership in the
society of nations.
○ PACTA SUNT SERVANDA
■ Demands the performance in GOOD FAITH of treaty
obligations on the part of the states that enter into the
agreement
■ Every treaty in force is binding, and it must be acted in
good faith
○ Courts apply the sources of intl law as listed under Art. 38 of the
ICJ
Chapter 6: Analytical Reasoning
● The application of law to facts involves two methods: deduction and
analogy
● Deduction
○ Basically: reasoning from enacted law (general rule)
■ Aka statutes, regulations, executive orders
■ Usually, the enactment of a rule precedes any case
○ Rule - starting point of this reasoning
○ Judges have no discretion to apply rules laid down by other
branches of gov’t (their task is limited to interpretation)
○ This method uses syllogisms as it’s dominant style of legal
reasoning
○ Syllogism
■ Major premise
● Has a statement true of a class of objects
● In legres: states a rule of law applicable to a class
of situations
● Rule of law
■ Minor premise
● Characterizes a particular object as belonging to
the class
● In legres: characterizes a particular situation as
either satisfying or not satisfying the elements of a
factual predicate
● Describes the facts of the client’s situation
■ Conclusion
● Asserts the statement is true of the particular
object
● In legres: states whether the general rule applies
to the particular situation
● States whether the right or duty described in
the rule of law was demonstrated to exist under
the facts of the client’s situation
● Analogy
○ Basically: reasoning by analogy
○ The most common form of analogical reasoning is the use of
precedent
○ Analogy - a form of logic by w/c one reasons that bc two items are
alike in at least one way, they are alike in at least one other way
○ Lawyer identifies at least one prior case (precedent) that has
common facts w/ the client’s situation
■ If the facts of the client’s case are like those of the
precedent, then the precedent should be followed
○ Three steps of analogy:
■ Lawyer identifies a rule/ holding announced in a prior case
■ Lawyer determines WoN the facts are like those of a prior
case
■ Characterization of the facts as like/ unlike those of the
precedent (to conclude if the client’s situation should/
shouldn’t have the same legal consequence as the facts
in the precedent)
Deduction Analogy
Usage of a specific case to decide Usage of a general rule to decide a
another specific case specific case
● Why is analogical reasoning advantageous?
○ Produces a wealth of data for decision making
○ Represents the collaborative effort of a # of judges over time
○ Tends to correct biases that might lead judges to discount the
force of prior decisions
○ Exerts a conservative force in law, holding the dev’t of law to a
gradual pace
● A lawyer must always be alert to changes in the Court’s decision to know
w/c precedent would govern the present controversy

Chapter 5: Case Law and Precedent
● Court decisions as law:
○ Judicial decisions assume authority as a statute itself
○ Decisions of the Supreme Court are “universal in their scope and
application, and equally mandatory in character.”
○ Application or interpretation placed by the Court upon a law is part
of the law
○ When a doctrine of the court is overruled, and the court adopts a
new view, the new doctrine applies prospectively
○ All lower courts are bound by the Supreme Court
○ As explained
■ Decisions of the higher courts, bind the lower courts
■ Courts of co-ordinate authority do not bind each other
■ The one highest court does not bind itself
● Stare Decisis:
○ Like cases should be decided alike
○ Judgement reached in one case should be applied to successive
ones in which the facts are substantially identical
○ Stare decisis et non quieta movere: stand by decisions and disturb
not what is settled
○ Works as a bar against issues litigated in a previous case
○ Abandoning this concept must be based on strong and compelling
reason
● Res Judicata
○ “A matter adjudged; a thing judicially acted upon or decided; a
thing or matter settled by judgement”
○ Existing final judgement or decree rendered on merits, without
fraud or collusion, by a court of competent jurisdiction, upon
matter within its jurisdiction, is conclusive of the rights of the
parties or their privies
○ Parties should not be permitted to litigate the same issue more
than once
○ Requisites
■ Former judgement or order must be final
■ Judgement must be on merits
■ It must have been rendered by a court having jurisdiction
over the subject matter and the parties
■ There must be, between the first and second actions,
identity of parties, of subject matter and of cause of action
○ When administrative proceedings take on an adversary character,
the doctrine of res judicata certainly applies
○ Litis pendentia: ground for the dismissal of a civil action which
arises where two actions are pending between the same parties
for the same causes of action, so that one of them becomes
unnecessary.
● Law of the case:
○ Whatever is once irrevocably established as the controlling legal
principle or decision, continues to be the law of the case between
the same parties in the same case, whether correct on general
principles or not
○ When an appellate court passes on a question and demands the
cause to the lower court for further proceedings, the question
there settled becomes the law of the case of the subsequent
appeal
○ Enables an appellate court to perform its duties satisfactorily and
efficiently
● Problems with precedents:
○ Judicial Flip Flopping: Supreme court cannot seem to agree on
what the correct interpretation of the law should be
○ Inconsistencies: the Supreme Court decisions do not always
clarify issues
■ Examples: Rape with regards to sweetheart excuse:
● It is said the sweetheart excuse cannot be used as
a way to prove consent of sex, but some cases
allows this excuse
Chapter 9: RATIO DECIDENDI and OBITER DICTUM
● Ratio decidendi
○ constitutes the binding precedent
○ the ultimate issue before the Court which is expressly
decided in the course of the consideration of the case so
that any resolution must be considered as an authoritative
precedent
● Obiter dictum
○ not binding as authority or precedent within the stare
decisis
○ lacks the force of an adjudication
○ are opinions “unnecessary for the decision of the case”
○ cannot be cited as a doctrinal declaration of the Supreme
Court and not safe from judicial examination
 Note: There is no prohibition in embracing the rationale
of an obiter dictum if it reflects a more rational and just
interpretation of the law.

● Rulings pro hac vice

Meaning: “for this one particular occasion”

○ cannot be relied on as a precedent to govern cases

○ pro hac vice are only made when there are “extremely
peculiar cases”
○ Rulings pro hac vice are made to bypass procedural
lapses by litigants to address the merits of the case
○ Decisions pro hac vice are applied to administrative
matters
■ such as requests for the audio coverage of oral
argument