Legal Information Sources: Statute law, Case law, Citators (Rodriguez and Santos)

Classification of Law

Sources and Classification of Law Based on Sources of Law

- Judicial Department
o Judicial Opinions
 Case Law
- Executive Department
o Administrative regulations and adjudications
- Legislative Department
o Statutes
 Statute Law
Statute Law

Summary of Statute Law

- Rules enunciated and declared by the competent authorities for the governance of the
community (Rodriguez)
- Comprises of:
o Constitution
o Treaties & International Agreements
o Statutes Proper
o Presidential Issuances
o Administrative Rules and Regulations
o Charters of LGUs
o Legislations of LGUs
o Tribunal/court rules
o Legislative Rules
- Divided into:
o Conventional legislation
 All enactments by national or local legislative bodies
 By Congress
 By LGUs
 By governments of autonomous regions
 Tanada v. Tuvera ‘85/’86
 Laws must be published on the Official Gazette for their effectivity
o Subordinate legislation
 Rules and orders issued pursuant to law by administrative and judicial agencies
 Gerochi v. DOE
 Valid subordinate legislations must bass the completeness & sufficient
standards test; requirements of the test:
o Regulation must be germane to the objects and purposes of the
law.
o Regulation must not be contrary to, but conforms, with
standards prescribed by law
 Santiago v. COMELEC
 The COMELEC recognize petitions for referendum/initiative until
adequate means of implementing the system has been enacted in law
 RA 6735 is unconstitutional for inadequacy and failing the sufficiency test
- Classified as:
o External legislation
 Rules of general application
 Affects order and procedure in a community
o Internal legislation
 Rules of restricted application
 Affects order and procedure among members of a legislative, judicial, or
administrative office
Constitution

- Written instrument by which the fundamental powers of the government are established, limited,
and defined, and by which those powers are distributed among the several departments for their
safe and useful exercise for the benefit of the body politics (Santos).
o Highest primary authority
o Charter adopted by the people
- The “Law” (Rodriguez)
o Law of the highest authoritativeness and obligation
o Supreme law of the land
o Ultimate authority to which reference must be made
 To validate national laws, admin regulations, local ordinances, and executive
actions.
- Past Constitutions/Fundamental Laws of the Philippines (Rodriguez)
o Spanish Period (1808)
 Unlike Cuba and Puerto Rico, constitutional rights were not granted to the
Philippines
 Philippines is governed by special laws
 Provided by an article in the fundamental law
 All laws for the Philippines originated in Spain
 In accordance with the Laws of the Indies, Constitution of Spain, and
Royal Decrees
o Biak-na-Bato 1897
 Provisional constitution
 Modeled after the revolutionary constitution of Cuba
 Organized the Filipino State as Philippine Republic
o Malolos Constitution 1899
 Approved on November 29, 1898
 Based on Sanggubnian-Hukuman
 Charter and code of laws of the Katipunan
o American Period
 Introduced the principle of organic laws
 An organic law of the territory
 Constitution as the supreme law
 Organic Laws of the Philippines before the 1935 Constitution
 Treaty of Paris 1898
o Legal starting point for Philippine constitutional development
 Culminated in the adoption of the Constitution of the
Philippines and declaration of independence on July 4,
1946
 President’s Instructions to the 2nd Philippine Commission 04/07/1900
o McKinley’s instruction to organize courts and
municipal/departmental governments
 Spooner Amendment March 2, 1901
 o Officially moved rights to the to the Philippines from Spain to US
o Military, civil and judicial powers to govern the Philippines are
vested in the US President
 Philippine Bill July 1, 1902
o Temporarily set up a civil government
o Established Philippine Assembly
 Philippine Autonomy Act or Jones Law August 29, 1916
o Contained a preamble, bill of rights, provisions defining the
organization and powers of governmental departments.
o Legislative power vested in Philippine Legislature
 Bicameral
o Executive power vested in the Governor-General
 Early Commonwealth Era
 Tydings-McDuffie Law of March 24, 1934
o AKA Philippine Independence Act
o Predecessor of the 1935 Constitution
o Established the Philippine Commonwealth government
o Relinquishment of American sovereignty in 10 years
o 1935 Philippine Constitution
 Enacted May 14, 1935
 Official text found in:
 Appendix in Vol. 30 of Public Laws of the Philippines
 Appendix in Vol. 34 of the Official Gazette
o 1943 Constitution
 Drafted during Imperial Japanese occupation in WW2 under Jose P. Laurel
 Declared null and void after WW2 on October 23, 1944
 By Gen. McArthur
 Official text found in:
 Vol. 2 (Special No. 9-A) of the Official Gazette (Eng. & Tagalog)
o 1973 Constitution
 Introduced a parliamentary form of government
 Promulgated in English and Filipino
 Translated into local dialects
 Spanish and Arabic translations
 English text prevails
 Official text found in:
 Vol 68 and 69 of the Official Gazette
o 1986 Provisional Constitution “Freedom Constitution”
 Promulgated under Proclamation 3
 Declared a revolutionary government under Corazon Aquino
o 1987 Constitution
 Present constitution
 Philippines declared as a republican and democratic state
 Return to a separation of 3 powers
 - Parts of the Constitution
o Listed as:
 People
 Sovereignty
 Government
o Each article corresponds to a part of the Constitution
 E.g. Article 1 – Territory falls under Sovereignty
 Article 2 – Bill of Rights falls under People
- Javellana v. Executive Secretary
o A department of government cannot recognize its own acts
o Constitution must be ratified by the people
o The 1973 Constitution was ratified on majority vote of SC considering the Constitution in
force and effect
- Lambino v. COMELEC
o A draft of the proposed amendment must be ready and shown before the people sign a
petition for amendment of the Constitution via initiative and referendum

Treaties and Other International Agreements

- Treaty
o Compact made between 2 or more independent nations with a view to the public welfare
(Rodriguez)
o Agreement or contract between 2 or more nations or sovereigns, entered into by agents
appointed for the purpose and duly sanctioned by the supreme powers of the respective
parties (Santos)
 Bilateral
 Between 2 nations
 Multilateral
 Between more than 2 nations
- Executive Agreements (Santos)
o Type of treaty
o Characteristics:
 Bereft of Senate concurrence
 May or may not have legislative authorization
 Limited in execution by constitutional restrictions
o Saguisag et al. v. Executive Secretary
 A question on the constitutionality of Enhanced Defense Cooperation Agreement
(EDCA) with the United States
 Considered an executive agreement as Senate didn’t vote on it
 It was an executive agreement that adjusted the implementation of the VFA and
MDT between the US and Philippines
 Executive agreements may cover matters of foreign military forces if it
merely involves detail adjustments
- Treaties and International Agreements have the same force of authority as legislative enactments
(Rodriguez)
 - Legal sources for treaties (Rodriguez)
o Official Gazette
o Treaty Series by DFA
o Philippine Treaty Series by UP Law Center (1946-1982)
o Other publications by UP Law Center and UP Law Complex

Statues Proper

- Statutes
o 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 (Santos)
o Rules enunciated by competent authorities for the governance of the community
(Rodriguez)
- Legislation in general (Rodriguez)
o The formal enactment of laws by a competent authority in the proper manner
 By Congress
 By administrative bodies
o The most important source of law
 Even the Constitution is considered a form of legislation
- Codification (Rodriguez)
o Modern form of legislation
o Systematic and logical compilation of all the statutes on a certain subject of law
- Statutes enacted by legislatures past and present

Period Legislative Authority Name of Statues Number of Statutes

Enacted
1900 – 1935 Philippine Commission; Acts
Philippine Assembly; 4,275
Philippine Legislature

1935 – 1941 National Assembly; Commonwealth Acts 733

Congress

1946-1972 Congress Republic Acts 6,635

1972 – 1986 F. Marcos as Legislator Presidential Decrees 2,036

under Martial Law

1978 – 1986 Batasang Pambansa Batas Pambansa 891

Corazon Aquino as
1986 – 1987 Legislator in the Executive Orders 302
Revolutionary
Government

1987 – Present Congress Republic Acts 2,543

o PDs and EOs by Marcos and Aquino, respectively, aren’t presidential issuances
 They were enacted in their capacities as legislators
- Official repository of laws passed by Congress (Santos):
o Official Gazette
o Bureau of Printing
o Batasang Pambansa
Presidential Issuances

- Administrative acts and commands that (Santos and Rodriguez):

o Touching on the organization or mode of operation of the government
o Rearranging/readjustment of districts, divisions, and parts of the Philippines
o All acts and commands governing the general performance of duties by public employees
o Disposing of issues of general concern
 Via Executive Orders
- Executive Proclamations (Santos and Rodriguez)
o Orders fixing the dates when specific laws, resolutions, or orders are to cease or take
effect
o Any information concerning matters of public moment determined by law, resolutions,
or executive orders
- Administrative orders exercised by the President in deciding administrative cases (Santos and
Rodriguez)
o Sometimes may contain regulations for the conduct of subordinate officers in the
executive department in the performance of their official duties
- Presidential Issuances during Martial Law (Santos)
o Presidential Decrees
o Letter of Instructions
o Letters of Implementation
o Letters of Authority
o Executive Orders
o General Orders
o Memorandum Orders
o Memorandum Circulars
o Proclamations
- Where to find Presidential Issuances:
o Published in the Official Gazette
o Appendices in the Public Laws
- Biraogo v. Philippine Truth Commission
o E.O. 1, which establishes PTC, violates the equal protection clause because it
discriminates in its mandate against only one government administration only.
o For laws to be equitable, it must pass the test of reasonableness:
 The classification rests on substantial distinctions
 It’s germane to the purpose of the law
 It’s not limited to existing conditions only
 It applies equally to all members of the same class
- Chapter 2, Book 3 of EO 292 – Administrative Code of 1982 discusses Ordinance Power of the
President
o Sec 2 – Executive Orders
 Acts of the President providing for rules of a general or permanent character in
implementation or execution of constitutional or statutory powers shall be
promulgated in executive orders.
o Sec 3 – Administrative Orders
  Acts of the President which relate to particular aspects of governmental
operations in pursuance of his duties as administrative head shall be promulgated
in administrative orders.
o Sec 4 – Proclamations
 Acts of the President fixing a date or declaring a status 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 which
shall have the force of an executive order
o Sec 5 – Memorandum Orders
 Acts of the President on matters of administrative detail or of subordinate or
temporary interest which only concern a particular officer or office of the
Government shall be embodied in memorandum orders.
o Sec 6 – 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 or compliance,
shall be embodied in memorandum circulars.
o Sec 7 – General or Special Orders
 Acts and commands of the President in his capacity as Commander-in-Chief of
the Armed Forces of the Philippines shall be issued as general or special orders.
Administrative Rules and Regulations

- Departments, bureaus, and other offices are established to assist the President in the
performance of executive functions (Santos and Rodriguez)
o Heads of agencies are authorized to issue orders, rules, and regulations
 For the proper and efficient performance of their duties and functions
 For the effective enforcement of laws within their respective jurisdictions
o Requisite for rules, regulations, and orders to be effective
 Made within authorized limits and jurisdiction of the agency/office
 Made in accordance with the provisions of law that authorizes agency/office
- Administrative rules, regulations, and orders were to be published in the Official Gazette (Santos)
o Until this rule was changed by Administrative Code
- Administrative Code of 1987 (Santos)
o Declared effective by Proclamation 495
o All governmental and departmental orders, as well as rules and regulations must be filed
in Office of National Administrative Register (ONAR) at the UP Law Center
 Published in the National Administrative Register quarterly
 Contains properly certified rules and regulations, adopted by government
agencies which are of general or of permanent character
o Exceptions to the requirement of filing with ONAR:
 Congress
 Judiciary
 Constitutional Commissions
 Military Establishments
 In all matters exclusive to the AFP
 Board of Pardons and Parole
 State universities and colleges
- Agencies may be group together in accordance with their powers and functions (Rodriguez):
o Agencies with implied quasi-legislative powers
 Have administrative rules and regulations which have not been expressly directed
by law to be issued
 Necessary in proper discharge of the functions of the agency
 E.g. Bureau of Forestry, Bureau of Prisons, NBI, Bureau of Tourism Services, DSWD
o Agencies with express quasi-legislative powers
 Specifically authorized by law to promulgate implementing rules and regulations
 E.g. Government Service Insurance System, Social Security System, DOLE, BIR,
Philippine Medical Care Commission, Board of Investments
Charters of Local Government Units

- Charters of LGUs (Santos)

o Laws under which a city or town or other municipal corporation exercises its privileges,
perform its duties, and discharges its obligations, including all matters in which it has a
direct interest and a right to regulate and control
- Types of Charters (Santos)
o Charters created by statute
o Charters created and adopted by voters of the city/town or by constitutional
authorization
- LGU Charters are published in the books where statutes proper are also found
o Official Gazette, Public Laws, etc.
- Basic LGUs
o Provinces
o Cities
o Municipalities
o Barangays

Legislations of Local Government Units

- Legislations of LGUs are called Ordinances (Santos and Rodriguez)

o Ordinances are ineffective if inconsistent with statutes enacted by Congress (Rodriguez)
- Ordinances enacted by the Autonomous Region (Rodriguez)
o Legislative assemblies of autonomous regions enact ordinances
 May also create administrative agencies
- Who may exercise local legislative powers (Santos)?
o Province – Sangguniang Panlalawigan
o City – Sangguniang Panlunsod
o Barangay – Sangguniang Barangay
- Publication of ordinances
o Province
 Not found in books
 May sometimes be published in provincial boards if the resolution is important
 Ordinances with penal sanctions are published in newspapers
o Municipality
 In a journal kept by the council
 Ordinances and resolutions are posted on the day or a day after passage on the
main entrance of the municipal or barangay hall not later than 5 days after
approval
 In at least 2 conspicuous places
 Posted in Filipino, English, or the local dialect
 Ordinances with penal sanctions are published in newspapers
o City
 Ordinances are published in a local newspaper or any newspaper of general
circulation
Tribunal/Court Rules

- Internal rules of a court or agency with express quasi-judicial powers (Santos)

o Governs practice and procedure for parties who come before courts/tribunals
- Courts/Tribunals have their own standard operating procedures/rules
o E.g. CA, SC, Sandiganbayan, CSC, COA, NLRC, etc.
- These rules have the force of law (Santos)
o Publication in the Official Gazette is a prerequisite for effectivity

Legislative Rules

- Rules of procedure for the internal order of law-making bodies (Santos)

o First rules were created under Philippine Bill of 1902
o Legislatures have since created their own rules of proceedings
- Congress have separate rules for each house and have rule applicable to both houses
o E.g. rules for both houses: Rules in Aid of Legislation, Rules on Impeachment Proceedings
Case Law

Concept, Scope, and Classification of Case Law

- Case Law
o General term that refers to a great class of official literary manifestations of law made up
of cases decided by persons and agencies of the government performing judicial and
quasi-judicial functions (Santos)
o Derived from the judicial authorities of the state (Rodriguez)
- Divided into:
o Conventional Decisions
 Also called decisions proper (Rodriguez)
 Emanates from regular or special courts of justice
 Consists of:
 Decisions of Supreme Court
o Officially published in:
 Advance Sheets
 Official Gazette
 Philippine Reports
 Jurisprudencia Filipina
o Unofficial but notable publications:
 Philippine Decisions
 Philippine Reports Annotated
 Supreme Court Reports Annotated
 Decisions of Court of Appeals
o Published in:
 Appellate Court Reports
 Advance Sheets
 Official Gazette
 Court of Appeals Reports
 Court of Appeals Reports Annotated
 Decisions of Sandiganbayan
o Sandiganbayan Reports
 No longer published
 Decisions of Court of Tax Appeals
o Sandiganbayan Reports
 Ceased publication
 Decisions of Regional Trial Courts
o Decisions are not published
o Rarely cited
o Copies may be requested from the court’s sala
 Decisions of the Metropolitan Trial Courts, Municipal Trial Courts, and
Municipal Circuit Trial Courts
o Decisions aren’t usually published
o Copies of decisions may also be requested at the court itself
 o Subordinate Decisions
 Decisions made in accordance with law, by administrative or legislative tribunals
 Consists of:
 Decisions of SET and HRET
 Decisions of administrative agencies exercising quasi-judicial powers:
o COMELEC
o CSC
o COA
o NLRC
o Insurance Commission
o Housing and Land Use Regulatory Board (HLURB)
o Department of Agrarian Reform Adjudication Board
- Classified as:
o Decisions of regular courts of justice
o Decisions of special courts of justice
o Decisions of administrative tribunals
o Decisions of legislative tribunals
o Rulings of board and commissions
o Rulings of administrative officers
o Opinions of legal officers of the government
- Velarde v. Social Justice Society
o RTC failed the substantive requirements of the Constitution and Rules of Court in
rendering decisions
 No decision shall be rendered by any court without expressing therein clearly and
distinctly the facts and the law on which it is based.
 No petition for review shall be refused due course or denied without stating the
basis therefor
Present Judicial System (Rodriguez)

- All Philippine courts are courts of both law and equity having jurisdiction over all civil, criminal
and probate cases
o Unlike other countries that have specific courts of law; of equity; of criminal courts; and
of probate courts
- Trial Courts of Limited Jurisdiction
o Also called inferior courts
 Hears most of the controversies that occur in a community
 Court that is closest to the common people
o Jurisdiction
 Limited to civil suits involving relatively small amounts of money
 Minor violations of criminal laws
o Consists of:
 Metropolitan Trial Courts
 Municipal Trial Courts
 Municipal Circuit Trial Courts
- Trial Courts of General Jurisdiction
o Formerly known as Courts of First Instance
o Jurisdiction
 May try all kinds of cases without monetary limitation
 No subject matter limitations
o Consists of:
 Regional Trial Courts
 Sharia Courts
- The Intermediate Appellate Court
o Jurisdiction
 Court of Appeals
 Exclusive appellate jurisdiction over decisions of RTCs
 And over other quasi-judicial agencies
 Original jurisdiction over certain types of criminal cases
 Court of Tax Appeals
 Acts only on protests of private persons adversely affected by the tax and
customs laws
o Intermediate Appellate Courts:
 Court of Appeals
 Court of Tax Appeals
o Courts consists of:
 Presiding Justice
 50 Associate Justices
 Divided into 17 divisions of 3 members
o Unanimous vote of all 3 members of the division decides the case
 Otherwise, 2 more Justices step in temporarily to form a special division of 5
 Majority of the 5 decides the decision
 - The Court of Last Resort
o The Supreme Court
 Top of the judicial hierarchy
 Determines, with finality, what the law is and should be
o Consists of:
 Chief Justice
 14 Associate Justices
o Decides cases in 3 divisions of 5 members
 Except in cases where they are required to sit En Banc
o Jurisdiction
 To review on appeal or certiorari, final judgements, and order of lower courts in
certain cases such as questions of law are invoked
 And where the Constitution or validity of statutes are involved
 Original jurisdiction over petitions:
 For certiorari
 Prohibition
 Mandamus
 Quo Warranto
 Habeas Corpus

Doctrine of Precedent (Stare Decisis) (Rodriguez)

- Principle of stare decisis, et no quieta movere

- Case laws are authoritative and influential in a common law country
- Case laws are only authoritative in a civil law country through the doctrine of precedent