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SOURCES AND
CLASSIFICATION
OF LAW
TOPICS TO BE DISCUSSED
A. Sources of Law
B. Classification of Law
C. Structure of Government
1. Executive Department
2. Legislative Department
3. Judicial Department
SOURCES OF LAW
The Philippine legal system may be considered as
STATUTES OR
STATUTORY LAW
Legislative Enactments
JURISPRUDENCE OR
CASE LAW
SUPREME COURT
THE TRIBUNALS
MUSLIM LAW
MUSLIM LAW
QURAN
SUNNAH
IJMA
CLASSIFICATION OF
LAW
Classification of Law
Classification
1. Substantive Law
2. Procedural Law
General Classification
1. Natural Law
2. Positive Law
1. Physical Law
2. Moral Law
3. Divine Law
SUBSTANSIVE VS PROCEDURAL
SUBSTANSIVE LAW
PROCEDURAL LAW
SUBSTANSIVE VS PROCEDURAL
CIVIL LAW
Civil law is the law of
GOVERNMENT
STRUCTURES
EXECUTIVE
DEPARTMENT
EXECUTIVE POWER
HEAD OF STATE
EXECUTIVE POWER
Commander-in-Chief of the AFP
Department of Agrarian
Reform
Department of Agriculture
Department of Education
Department of Energy
Department of Environment
and Natural Resources
Department of Finance
Department of Foreign
Affairs
Department of Health
Department of Interior
and Local Government
Department of Justice
Department of National
Defense
Department of Public
Works and Highways
Department of Science
and Technology
Department of Tourism
Department of Social
Welfare and Development
Department of Transportation
and Communication
LEGISLATIVE
DEPARTMENT
consecutive years
o20 percent shall come
from partylist
representatives from
national, regional and
sectional parties.
HOUSE OF REPRESENTATIVES
oComposed of 24
senators.
oTerm of not more than
six years.
Lead by:
Senate
President
Pro Tempore
Majority
Leader
Minority
Leader
36 Permanent
committees.
5 oversight
committees.
Senate Electoral
Tribunal (SET)
9 members
3 Justices of
The Supreme
Court
6 members of
the Senate.
JUDICIAL
DEPARTMENT
JUDICIAL DEPARTMENT
JUDICIAL POWER RESTS WITH THE SUPREME COURT
AND THE LOWER COURTS, AS ESTABLISHED BY LAW
(A RT. VIII, SEC . 1 OF T H E 198 7 CONST IT UT ION). IT S
DUTY IS TO SETTLE ACTUAL CONTROVERSIES
INVOLVING RIGHTS WHICH ARE LEGALLY DEMANDABLE
AND ENFORCEABL E (ART. VIII SEC. 1 (2 )).
HISTORY OF
THE
JUDICIARY
The royal audencia was established
on May 5, 1583, composed of a
president, four oidores (justices)
and a fiscal. The audencia
exercised both administrative and
judicial functions. Its functions and
structure were modified in 1815
when a chief justice replaced its
president and the number of justices
was increased. It came to be known
as the Audencia Territorial de
Manila with two branches, civil
and criminal. A royal decree
issued on July 24, 1861 converted
it to a purely judicial body with its
decisions appealable to the Court
of Spain in Madrid. A territorial
audencia in Cebu, and audencia for
criminal cases in Vigan were
organized on February 26, 1898.
Establishment of the
Supreme Court
With the establishment
of civil government,
Act No. 136 of the
Philippine Commission
abolished the audencia
and established the
present Supreme Court
on June 11, 1901, with
Cayetano Arellano as
the first chief justice
together with associate
justicesthe majority
of whom were
Americans.
During World War II, the National Assembly passed legislation granting emergency
powers to President Manuel L. Quezon; Chief Justice Jose Abad Santos was made
concurrent Secretary of Justice and acting President of the Philippines in unoccupied
areas. After his capture and execution at the hands of the Japanese, the
Commonwealth government-in-exile had no system of courts.
Meanwhile, the Japanese organized the Philippine Executive Commission in
occupied areas on January 8, 1942, which gave way to the Second Republic in
October 14, 1943. By the end of World War II, the regular function of the courts
had been restored, beginning with the appointment of a new Supreme Court on June
6, 1945. On September 17, 1945, the laws of the Second Republic were declared
null and void; a Supreme Court decision on Co Kim Cham v. Eusebio Valdez Tan
Keh and Arsenio P. Dizon recognized this.
Martial law
The Supreme Court was
retained during the martial law
years under rules similar to the
1935 Constitution, but with the
exception few key factors, e.g.:
The 1973 Constitution further
increased the membership of
the Supreme Court to 15, with
two divisions;
The process by which a chief
justice and associate justices
are appointed was changed
under to grant the president
(Ferdinand Marcos during this
time) the sole authority to
appoint members of the
Supreme Court. There were
five chief justices that were
appointed under this provision.
SUPREME
COURT OF THE
PHILIPPINES
Currently led by
Chief Justice Maria
Lourdes Sereno
Appointed on August
24, 2012
Set to retire in year
2030
Mandatory retirement
upon reaching 70
years of age
SUPREME
COURT OF THE
PHILIPPINES
14 Justices of the Supreme
Court
Justice Presbitero J. Velasco, Jr.
Justice Antonio T. Carpio
Justice Teresita J. Leonardo-De
Castro
Justice Arturo D. Brion
Justice Diosdado M. Peralta
Justice Lucas P. Bersamin
Justice Mariano C. Del Castillo
Justice Jose P. Perez
Justice Jose C. Mendoza
Justice Bienvenido L. Reyes
Justice Estela M. Perlas-Bernabe
Justice Marvic Mario Victor F.
Leonen
Justice Francis H. Jardeleza
Justice Alfredo Benjamin S.
Caguioa
COURT OF APPEALS
The Court of Appeals is the second
highest tribunal in the country, which
was established on February 1, 1936 by
virtue of Commonwealth Act No. 3. The
current form of the Court of Appeals was
constituted through Batas Pambansa Blg.
129, as amended by Executive Order No.
33, s. 1986, Republic Act No. 7902, and
Republic Act No. 8246.
The jurisdiction of the Court of Appeals
are as follows:
Original jurisdiction to issue writs of
mandamus, prohibition,
certiorari, habeas corpus, and
quo warranto, and auxiliary
writs or processes, whether or
not in aid of its appellate
jurisdiction;
Exclusive original jurisdiction over
actions for annulment of
judgments of Regional Trial
Courts; and
Exclusive appellate jurisdiction over
all final judgments, resolutions,
orders or awards of Regional
Trial Courts and quasi-judicial
agencies, instrumentalities,
boards or commission.
COURT OF APPEALS
The Court of Appeals shall also have the power to try cases and conduct hearings,
receive evidence and perform acts necessary to resolve factual issues raised in
cases falling within its original and appellate jurisdiction, including the power to
grant and conduct new trials or proceedings. Composed of one presiding justice
and 68 associate justices.
The Court of Appeals is composed of one presiding justice and 68 associate
justices, all of which are appointed by the President from a shortlist submitted by
the Judicial and Bar Council. The associate justices shall have precedence
according to the dates (or order, in case of similar appointment dates) of their
respective appointments. The qualifications for the justices of the Supreme Court
also apply to members of the Court of Appeals.
The current presiding justice of the Court of Appeals is Andres Reyes Jr., who is
set to retire on May 11, 2020.
SANDIGANBAYAN
To attain the highest norms of
official conduct among officials
and employees in the
government, the creation of a
special graft court to be known as
the Sandiganbayan was provided
for in Article XIII, Section 5 of
the 1973 Constitution. This court
was formally established
through Presidential Decree No.
1606, which was signed into law
on December 10, 1978.
Through Article XI
(Accountability of Public
Officers), Section 4 of the 1987
Constitution, the Sandiganbayan
was carried over to the postEDSA Revolution republic. The
current form of the
SANDIGANBAYAN was
constituted through PD 1606, s.
1978, as amended by Republic
Act No. 7975 and Republic Act
No. 8245.
SANDIGANBAYAN
SANDIGANBAYAN handles
cases in violation of Republic
Act 3019 or the Anti-Graft and
Corrupt practices act and serves
as and appellate court over final
judgments, resolution, or orders
of regional trial courts whether
in the exercise of their own
original jurisdiction or of their
appellate jurisdiction.
In case private individuals are
charged as co-principals,
accomplices or accessories with
the public officers or
employees, including those
employed in government-owned
or controlled corporations, they
shall be tried jointly with said
public officers and employees in
the proper courts which shall
exercise exclusive jurisdiction
over them.