Introduction To Law

PHILIPPINE HISTORY AND LEGAL

SYSTEM
The Philippine legal system is a mixture of
civil law and common law regimes.

Civil law introduce in British colonies

and it applies today territories such as
India, Malaysia and Singapore.
Common law the French and the
Dutch spread civil law in territories
such as Indochina and Indonesia.

Fundamental difference of the two

Civil law has comprehensive written
codes, which are designed to cover every
area of law
Common law systems are based on judgemade law, which develop on a case-tocase basis.
In re: Maxshoop
- The case emphasizes that a
lawyer who practice law in the highest
court in the United State and he practice
law for five year there he was allowed to
practice law here in the Philippines
because based on the history our
constitution was patterned in English law.

Branches of Government
Legislative department the power
shall be vested upon the congress (Senate
and House of the Representative) who has
the power to make law and to amend,
modify or repeal existing laws enacted by
the previous congress
Government v. Springer
- The case emphasizes that the
voting power of all such stock
owned by the government of the
Philippine islands shall be vested
exclusively in congress and in a

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committee consisting of the

governor general, senate president
and speaker of the house
Executive department The power shall
be vested upon the president and the vice
president. The power given to president is
to appoint, to ensure that the laws are
faithfully executed, to be commander-inchief of the armed forces, to grant
clemency and to contract foreign loans.
Marcos v. Manglapus
- The case emphasizes that the
power of the President is not
limited of what implies in the
Constitution. Refer to the residual
power.
Judicial department The power shall be
vested in one Supreme Court and in such
courts as may be established by law.
Judicial power is to settle actual
controversies involving rights which are
legally demandable and enforceable they
also have power to determine if there is
abuse of discretion on the part of any
branch (legislative and executive) or
instrumentality of the government.
In re Cunanan
- The case emphasizes that only
the Supreme Court or judicial
department has the right in any
admission, suspension and
reinstatement of attorney-at-law in
the practice of profession and in
any cases as long as its a judicial
in function.
Prior to 1987 constitution, our
legislative body was called the
Batasan Pambansa and before
the laws became Republic Act they
call it Batas Pambansa or B.P
before.

Introduction To Law
Separation of powers the principle of
separation of powers ordains that each of
the three branches of government has
exclusive cognizance of and is supreme in
matters falling within own constitutionality
allocated sphere.
Check and balance - The main purpose
check and balance is to prevent
centralization of power between the three
branches.
THE CONSTITUTION AND ITS
CONSTRUCTION
Constitution

A system of fundamental laws for

the governance and administration
of a nation.
Supreme, imperious, absolute and
unalterable except by the authority
which it emanates.
The fundamental and paramount
law of the nation
Prescribes the permanent
framework of a system of the
government, assigns to the
different departments their
respective powers and duties.
It is supreme law to which all other
laws conform and in accordance
with which all private rights must
be determined and all public
authority administered.
It is respected because it is an
express declaration of the peoples
will.
Constitutional Supremacy
If a law or contract violates
any norm of the constitution, it is
null and void and without any force
and effect.

SINCE THE CONSTITUTION IS THE

FUNDAMENTAL PARAMOUNT AND
SUPREME LAW OF THE NATION, IT IS
DEEMED WRITTEN IN EVERY STATUTE AND
CONTRACT.

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Constitutional Construction

Fundamental principle of
constitutional construction is to
give effect to the intent of the
framers of the organic law and of
the people adopting it.
The way we understand and
interpret the constitution.

Six Modes of Interpretation

By: Lawrence H. Tribe
The six modes of interpretations,
stressing that no one mode of
interpretation can claim always to take
priority or to be necessarily decisive as
starting points, constituent parts of
complex arguments or concluding
evocations.
1. Textualism- constitutional
interpretation wherein it consist of
only analysing and examining the
words alone. However, reliance on
mere text is insufficient because
the words and phrases of the
constitution are not definitive,
ambiguous, self-contradictory.
2. Structural Analysis- reading
across the words. After reading the
text, the text will show you or make
you understand the text without
the text directly saying it.
3. Originalism- the intention of the
lawmakers or applying the
constitution only in the ways that
framers intended. Disadvatage:
can be subjective; abstract rather
than concrete expectations.
4. Normative and Pragmatic
Approach- getting the meaning
through attempts to discernwhich
interpretation best accords with the
moral and political character or
identity of a natin. Can be
subjective.
5. Stare Decisis- judicial elaboration
of the decisional doctrine to derive

Introduction To Law
answers to constitutional
questions. Judicial opinions are
second set of constitutional text.
6. Deliberately Eclectic
Combination- combination of two
or more modes
Procedure Created by the Supreme
Court
a. Verba Legis-when the
meanings of the words are
unclear, courts can rely on
extraneous aids of
construction and
interpretation. Ex. Intent of
the provision being
construed.
-words must be
given their ordinary
meaning except for
technical terms
b. Ratio legis est anima- it is
applied when there is
ambiguity in the text. Also,
words of the constitution
should be interpreted with
the intent of the framers.
c. Ut magis valeat quam
pereat-the constitution must
be interpreted as a whole.
CONSTITUTION INTERPRETED AS A
WHOLE
One mandate should not be given
more importance over the other except
where the primacy of one over the other is
clear.
WORDS UNDERSTOOD AS THEY ARE
COMMOMLY USED
Its words should be given their
ordinary meaning except where technical
terms are used.
PROSPECTIVE APPLICATION

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The right to counsel must be made

with the assistance of the counsel.
However, this may not be applied
retroactively in cases where extrajudicial
confession was made prior to the
effectivity of the said constitution.
LANGUAGE REQUIRES NO
CONSTRUCTION
Where the words of the statute are
clear, plain and free from ambiguity, it
must be given its literal meaning and
applied without attempted interpretation.
WHEN CONSTRUCTION IS REQUIRED
A cardinal rule in statutory
construction is that when the law is clear
and free from any doubt or ambiguity,
there is no room for construction or
interpretation. There is only room for
application.
MANDATORY AND DIRECTORY
PROVISIONS
Directory in character if no consequential
rights or liabilities depend on it and no
injury can result from ignoring it. And if
the purpose of the legislature can be
accomplished in a manner than that
prescribed when substantially the same
result can be obtained.
The court recognized that constitutional
provisions with exemptions are mandatory
in nature.
Self-executing

Provisions or laws that can be

implemented without the help of
the legislative.
If the nature and extent of the right
conferred and the liability imposed
are fixed by the constitution itself.

Non-self-executing

Introduction To Law
Provisions or laws that needs the
legislative before being implemented.
Essential Parts of a Good Written
Constitution
1. Constitution of Liberty e.g., Art III
2. Constitution of Government e.g.,
Art VI, VII, VIII, and IX
3. Constitution of Sovereignty e.g., Art
XVII
A. Definition and Nature of a
Constitution
Manila Prince Hotel v. GSIS
Under the doctrine of constitutional
supremacy, if a law or contract violates
any norm of the constitution that law
or contract whether promulgated by
the legislative or by the executive

branch or entered into by private

persons for private purposes is null
and void and without any force and
effect. Thus, since the Constitution is
the fundamental, paramount and
supreme law of the nation, it is
deemed written in every statute and
contract.
Nitafan v. CIR
The primary task in constitutional
construction is to ascertain and
thereafter assure the realization of the
purpose of the framers and of the
people in the adoption of the
Constitution It may also be safely
assumed that the people in ratifying
the Constitution were guided mainly by
the explanation offered by the framers.

B. Constitutional Construction
i.

No need for construction

when the law is clear

v.
Francisco v. HRET
The court must harmonize them, if
practicable, and must lean in favor
of a construction which will render
every word operative, rather than
one which may make the words
idle and nugatory.

viii.
Civil Liberties Union v.
Executive Secretary
It is a well-established rule in
constitutional construction that no
one provision of the Constitution is
to be separated from all the others,
to be considered alone, but that all
the provisions bearing upon a
particular subject are to be brought
into view and to be so interpreted
as to effectuate the great purposes
of the instrument. Sections bearing
on a particular subject should be
considered and interpreted
together as to effectuate the whole
purpose of the Constitution and
one section is not to be allowed to
defeat another, if by any
reasonable construction, the two
can be made to stand together.

vi.

ix.

ii.
Amores c. HRET
A cardinal rule in statutory
construction is that when the law is
clear and free from any doubt or
ambiguity, there is no room for
construction or interpretation.
There is only room for application.
iii.

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Verba Legis
iv.
(Plain meaning rule)

Ratio legis est anima

vii.
(The reason of the
law is the soul of the law)

Ut magis valeat quam

pereat
x.
(Interpreted as whole)

Introduction To Law
xi.
Chiongbian v. De Leon
That said provision should function
to the full extent of its substance
and its terms, not by itself alone,
but in conjunction with all other
provisions of that great document.
xii.

Applicability of rules of
statutory construction to
constitutional
construction

family, and those w/c exist

among members of a
society for the protection of
private interests." (Sanchez
Roman.)
Civil Code defined.-- A civil
code is a collection of laws
w/c regulate the private
relations of the members of
civil society, determining
their respective rights and
obligations, w/ reference to
persons, things, and civil
acts. (Tolentino)

xiii.
Macalintal v. COMELEC
Its basic principle in Constitutional
construction that the Constitution
should be construed as a whole

xviii. Criminal Law

xiv.

xix.

xv.

AREAS OF LAW

xvi.

Political Law
Branch of public law which
deals with the organization
and operations of the
governmental organs of the
State and defines the
relations of the State with
the inhabitants of its
territory. (PEOPLE VS.
PERFECTO, 43 Phil. 887).
Political law it regulates the
relationship between the
government and certain
public officers and
employees (MACARIOLA V.
ASUNCION A.M. No. 133-J)

xvii.

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Civil Law
Regulates the relations of
individuals for purely private
ends.
Civil law has been defined
as "the mass of precepts
w/c determine and regulate
the relations of assistance,
authority and obedience
among the members of a

A branch of
municipal law which defines
crimes treats of their nature
and provides for their
punishment.
xx.
xxi.
It is that branch of
public substantive law which
defines offenses and prescribes
their penalties. It is substantive
because it defines the states right
to inflict punishment and the
liability of the offenders. It is public
law because it deals with the
relation of the individual with the
state.
xxii.
Every crime is made up of
certain acts and intent
these must be set forth in
the complaint with
reasonable particularly of
time, place, names (plaintiff
and defendant) and
circumstances (LACSON V.
EXEC SEC G. R. 128096)
All criminal prosecutions the
action shall be instituted
and tried in the court of the
municipality or province
wherein the offense was
committed or any one of the
essential ingredients thereof
took place. (Hernandez v.
Albano G. R. 19272)

Introduction To Law

theres willfully, unlawfully,

feloniously, maliciously, and
with intent to impeach the
honesty, virtue, and
reputation (U. S. v.
TAYLOR G.R. 9726)
xxiii.

xxiv.

Limitations on the power

of Congress to enact
penal laws (ON)
xxv.
1.
Must be general in
application.
xxvi. 2.
Must not partake of
the nature of an ex post
facto law.
xxvii. 3.
Must not partake of
the nature of a bill of
attainder.
xxviii. 4.
Must not impose
cruel and unusual
punishment or excessive
fines.
xxix.
xxx.

Commercial Law/
Mercantile Law
xxxi. That issued by one
merchant to another for the
purpose of attending to a
commercial transaction.
xxxii.
xxxiii. An instrument issued
by a bank on behalf of one of its
customers, authorizing an
individual or a firm to draw drafts
on the bank or one of its
correspondents for its account
under certain conditions of the
credit.
xxxiv.
xxxv. An engagement by a
bank or other person made at the
request of a customer that the
issuer will honor drafts or other
demands for payment upon
compliance with the conditions
specified in the credit. Through it,
the bank merely substitutes its own
promise to pay for the promise to
pay of one of its customers who in
return promises to pay the bank
the amount of funds mentioned in
the letter of credit plus credit or
commitment fees mutually

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xxxvi. agreed upon.

COMMERCIAL LAW;
NEGOTIABLE INSTRUMENTS;
MATERIAL ALTERATION,
DEFINED, - An alteration is said to
be material if it alters the effect of
the instrument. It means an
unauthorized change in an
instrument that purports to modify
in any respect the obligation of a
party or an unauthorized addition
of words or numbers or other
change to an incomplete
instrument relating to the
obligation of a party. In other
words, a material alteration is one
which changes the items which are
required to be stated under Section
1 of the Negotiable Instruments
Law. (JOSE VITUG)
xxxvii.

Law on Taxation

xxxviii.Branch of law which

governs the power of the State in
relation to its power to tax. As a
process, it is a means by which the
sovereign, through its law-making
body, raises revenue to defray the
necessary expenses of the
government. It is merely a way of
apportioning the costs of
government among those who in
some measures are privileged to
enjoy its benefits and must bear its
burdens.
xxxix.
xl.
As a power, taxation
refers to the inherent power of the
state to demand enforced
contributions for public purpose or
purposes.
xli.
xlii.
Taxation is a
symbiotic relationship, whereby in
exchange for the protection that
thecitizens get from the
government, taxes are paid.
xliii.
xliv.
Nature of Taxation

Introduction To Law
xlv.
xlvi.

1. It is an inherent attribute
of sovereignty
2. It is legislative in
character

xlvii. Labor Law

xlviii. The State shall
promote a just and dynamic social
order that will ensure theprosperity
and independence of the nation
and free the people from poverty
throughpolicies that provide
adequate social services, promote
full employment, a rising standard
ofliving, and an improved quality of
life for all.
xlix.
l.
The State shall
promote social justice in all phases
of national development.
li.
lii.
The State values the
dignity of every human person and
guarantees full respect for
human/rights.
liii.
liv.
The State recognizes
the vital role of the youth in nationbuilding and shall promote and
protect their physical, moral,
spiritual, intellectual, and social
well-being. It shall in culcate in the
youth patriotism and nationalism,
and encourage their involvement in
public and civic affairs.
lv.
The State recognizes
the role of women in nationbuilding, and shall ensure the
fundamental equality before the
law of women and men.
lvi.
lvii.
The State affirms
labor as a primary social economic
force. It shall protect the rights of
workers and promote their welfare.
lviii.
lix.
The State recognizes
the indispensable role of the
private sector, encourages private
enterprise, and provides incentives
to needed investments
lx.

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Labor laws are considered written

in every contract. (Mariveles
Shipyard v. CA)
lxi.
lxii.
Labor Relations
lxiii.

Right to Self-organization
lxiv.
lxv.
The right to join,
assist or form labor organizations
for collective bargaining and
toengage in lawful concerted
activities for the same purpose or
for their mutual aid andprotection.
lxvi.
lxvii. Any employee,
whether employed for a definite
period or not, shall beginning onthe
first day of his/her service, be
eligible for membership in any
labor organization.
lxviii.
lxix. Remedial Law
lxx.

Remedial Law is that branch

of law which prescribes the
method of enforcing rights
or obtaining redress for their
invasion. It is also known as
Adjective Law.
Prescribes the methods of
enforcing those rights and
obligations created by substantive
law by providing a procedural
system for obtaining redress for the
invasion of rights and violations of
duties and by prescribing rules as
to how suits are filed, tried and
decided by the courts.(BUSTOS V.
LUCERO)
Provides or regulates the steps by
which one who commit a crime is
to be punished.
No vested rights
Retroactive: governs acts and
transactions which took place
SC is expressly empowered to
promulgate procedural rules
lxxi.
lxxii. Legal Ethics
lxxiii.
lxxiv. Legal Ethics denotes
that body of principles by which the
conduct of members of the legal

Introduction To Law
profession is controlled. It is that
branch of moral science which
treats of the duties which an
attorney at law owes to his clients,
to the courts, to the bar and to the
public. (G.A. Malcolm, Legal and
Judicial Ethics 8 (1949))
lxxv.
lxxvi. JUDICIAL REVIEW
lxxvii. Chapter 4 of Gatmaytan
lxxviii. Through the power of
judicial review, the judiciary
enforces and upholds the
supremacy of the
Constitution. The
determination whether a
specific rule or set of rules
issued by an administrative
agency contravenes the law
or constitution is within the
jurisdiction if the regular
courts.

Origins and Constitutional Basis

The Court has the power to
review discretionary acts by the
other branches of the
government.
During the Marcos regime, the
judicial system was doubted
because of its lack of answer to
political questions. SC said that
since its political, they dont
have authority to pass upon it.
Thats why in the 1987
Constitution, the judicial branch
has now more power in a
broader sense. (Political
question are those which
under the Constitution are to
be decided by the people in
their sovereign capacity, or in
regard to which full
discretionary authority has
been delegated to the
legislative or executive branch
of government)
As explained by the Supreme
Court in the case of Angara v

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Electoral Commission, in cases

of conflict, the judicial
department is the only
constitutional organ which can
be called upon to determine
the proper allocation of powers
between the several
departments and among the
integral or constituent units
thereof.
The judiciary is the final arbiter
on the question whether or not
the branch of government or
any of its officials has acted
without jurisdiction, an excess
of it, or so capriciously as to
constitute an abuse of
discretion. (Grave abuse of
discretion is simply a whimsical
exercise of judgement that is
patent and gross as to amount
to an evasion of positive duty
or a virtual refusal to perform a
duty enjoined by law, or to act
at all in contemplation of law,
as where the power is
exercised in an arbitrary and
despotic manner by reason of
passion or hostility.)
lxxix.
Requisites for exercise of judicial
review
1. An actual case or
controversy calling for the
exercise of judicial power.
Actual Case or
controversy- means
an existing case or
controversy that is
appropriate or ripe
for determination,
not conjectural or
anticipatory, lest the
decision of the court
would amount to an
advisory opinion.
When an issue
becomes moot, it is
dismissed. It
becomes moot when
it cease to present a
justiciable

Introduction To Law

controversy that is of
concern by the
judiciary.
2. The person challenging the
act must have standing to
challenge it. As in he must
have personal and
substantial interest and
might sustain direct injury
as a result of enforcement.
Legal standing or
locus standi as
described above. To
have standing, the
citizen must
establish that he has
suffered actual or
threatened injury as
a result of the
allegedly illegal
conduct of the
government.
3. The question of
constitutionality must be
raised at the earliest
possible opportunity.
This means that the
act of questioning its
constitutionality
should have been
immediately raised
in the proceedings in
the court.
4. The issue of
constitutionality must be
thelismota or very cause of
the suit or action.
This arises from the
presumption of
validity accorded
executive and
legislative acts of our
co-equal branches of
the government.
Effects of declaration of
unconstitutionality
lxxx. An unconstitutional act is
not a
Law
Confers no rights
Imposes no dutied
No protection

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No office
Operative as if it
were passed.
Partial Unconstitutionality; The
separability clause
lxxxi. -When a part of a statute is
unconstitutional and it is
possible to discard that part
without affecting the valid
ones, then only that part
would be discarded. There
are however some
circumstances that an entire
law may be invalidated if a
part of it is unconstitutional.
When judicial review is not
exercised
lxxxii. -The function of the courts is
to determine controversies
between litigants and not to
give advisory opinions. The
power of judicial review can
only be exercised in
connection with a bona fide
controversy which involves
the statute to be reviewed.

lxxxiii. Constitution Article VIII

lxxxiv. Section 1. The judicial
power shall be vested in one
Supreme Court and in such
lower courts as may be
established by law.

Introduction To Law
lxxxv. Judicial power includes the
duty of the courts of justice
to
settle
actual
controversies
involving
rights which are legally
demandable
and
enforceable,
and
to
determine whether or not
there has been a grave
abuse
of
discretion
amounting to lack or excess
of jurisdiction on the part of
any
branch
or
instrumentality
of
the
Government.
lxxxvi. Section 2. The Congress
shall have the power to
define,
prescribe,
and
apportion the jurisdiction of
the various courts but may
not deprive the Supreme
Court of its jurisdiction over
cases
enumerated
in
Section 5 hereof.
lxxxvii.No law shall be passed
reorganizing the Judiciary
when it undermines the
security of tenure of its
Members.
lxxxviii.
Marbury v.
Madison, 5 US 137
(1803)
lxxxix. Facts: On his last day in
office, President John Adams
named forty-two justices of
the peace and sixteen new
circuit court justices for the
District of Columbia under
the Organic Act. The
Organic Act was an attempt
by the Federalists to take
control of the federal
judiciary before Thomas
Jefferson took office.
xc.
The commissions were
signed by President Adams

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1.
2.
3.

4.

5.

1.

and sealed by acting

Secretary of State John
Marshall (who later became
Chief Justice of the Supreme
Court and author of this
opinion), but they were not
delivered before the
expiration of Adamss term
as president. Thomas
Jefferson refused to honor
the commissions, claiming
that they were invalid
because they had not been
delivered by the end of
Adamss term.
xci.
William Marbury (P) was an
intended recipient of an
appointment as justice of
the peace. Marbury applied
directly to the Supreme
Court of the United States
for a writ of mandamus to
compel Jeffersons Secretary
of State, James Madison (D),
to deliver the commissions.
The Judiciary Act of 1789
had granted the Supreme
Court original jurisdiction to
issue writs of mandamus
to any courts appointed, or
persons holding office,
under the authority of the
United States.
xcii. Issues
Does Marbury have a right to the
commission?
Does the law grant Marbury a
remedy?
Does the Supreme Court have the
authority to review acts of
Congress and determine whether
they are unconstitutional and
therefore void?
Can Congress expand the scope of
the Supreme Courts original
jurisdiction beyond what is
specified in Article III of the
Constitution?
Does the Supreme Court have
original jurisdiction to issue writs of
mandamus?
xciii. Holding and Rule
(Marshall)
Yes. Marbury has a right to the
commission.

Introduction To Law

The order granting the commission

takes effect when the Executives
constitutional power of
appointment has been exercised,
and the power has been exercised
when the last act required from the
person possessing the power has
been performed. The grant of the
commission to Marbury became
effective when signed by President
Adams.
2. Yes. The law grants Marbury a
remedy.The very essence of civil
liberty certainly consists in the
right of every individual to claim
the protection of the laws
whenever he receives an injury.
One of the first duties of
government is to afford that
protection.
Where a specific duty is assigned
by law, and individual rights
depend upon the performance of
that duty, the individual who
considers himself injured has a
right to resort to the law for a
remedy. The President, by signing
the commission, appointed
Marbury a justice of the peace in
the District of Columbia. The seal of
the United States, affixed thereto
by the Secretary of State, is
conclusive testimony of the verity
of the signature, and of the
completion of the appointment.
Having this legal right to the office,
he has a consequent right to the
commission, a refusal to deliver
which is a plain violation of that
right for which the laws of the
country afford him a remedy.
3. Yes. The Supreme Court has the
authority to review acts of
Congress and determine whether
they are unconstitutional and
therefore void.
It is emphatically the duty of the
Judicial Department to say what
the law is. Those who apply the
rule to particular cases must, of
necessity, expound and interpret
the rule. If two laws conflict with

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each other, the Court must decide

on the operation of each. If courts
are to regard the Constitution, and
the Constitution is superior to any
ordinary act of the legislature, the
Constitution, and not such ordinary
act, must govern the case to which
they both apply.
4. No. Congress cannot expand the
scope of the Supreme Courts
original jurisdiction beyond what is
specified in Article III of the
Constitution.
The Constitution states that the
Supreme Court shall have original
jurisdiction in all cases affecting
ambassadors, other public
ministers and consuls, and those in
which a state shall be a party. In all
other cases, the Supreme Court
shall have appellate jurisdiction. If
it had been intended to leave it in
the discretion of the Legislature to
apportion the judicial power
between the Supreme and inferior
courts according to the will of that
body, this section is mere
surplusage and is entirely without
meaning. If Congress remains at
liberty to give this court appellate
jurisdiction where the Constitution
has declared their jurisdiction shall
be original, and original jurisdiction
where the Constitution has
declared it shall be appellate, the
distribution of jurisdiction made in
the Constitution, is form without
substance.
5. No. The Supreme Court does not
have original jurisdiction to issue
writs of mandamus.
To enable this court then to issue a
mandamus, it must be shown to be
an exercise of appellate
jurisdiction, or to be necessary to
enable them to exercise appellate
jurisdiction.
It is the essential criterion of
appellate jurisdiction that it revises
and corrects the proceedings in a
cause already instituted, and does
not create that case. Although,

Introduction To Law
therefore, a mandamus may be
directed to courts, yet to issue such
a writ to an officer for the delivery
of a paper is, in effect, the same as
to sustain an original action for that
paper, and is therefore a matter of
original jurisdiction.
xciv.

Disposition

xcv.

Application for writ of

mandamus denied. Marbury
doesnt get the commission.

xcvi. Angara v. Electoral

Commission, supra (Got
it from Boss case digest.
Held lang to which is the
gist of the whole issue)
xcvii.

The Electoral Commission is

an independent
constitutional creation with
specific powers and
functions to execute and
perform. Thus, in cases of
conflict between the several
departments and among the
agencies thereof, the
judiciary, with the Supreme
Court as the final arbiter, is
the only constitutional
mechanism devised finally
to resolve the conflict and
allocate constitutional
boundaries. Constitution
has provided for an
elaborate system of checks
and balances to secure
coordination in the workings
of the various departments
of the government.

c.

xcviii.
xcix. VI. Case Law and
Precedent Chapter 5 of
Gatmaytan

Court decisions as law

12 | P a g e

-Judicial decisions assume

the same authority as
statutes because these
show how the courts
interpret the law. They are
laws by their own means.
Lower court decisions bind
the parties to specific cases
alone while Supreme Court
decisions are universal in
their scope and application
and equally mandatory in
character. The latter will
always have the last word
on what the law is.
Stare Decisis- means that like case
should be decided alike. This is a
principle that respects precedent
imperatives. A judgement reached
in one case should be applied to
successive ones in which facts are
substantially identical even though
the parties may be different. The
issues must be the same unless
otherwise it is not considered stare
decisis.
Res Judicata- means a matter
adjudged; a thing judicially acted
upon or decided; a thing or matter
settled by judgement. Parties are
not allowed to litigate the same
issue when it is determined by a
court of competent jurisdiction. The
following are requisites for res
judicata to apply:
The former judgement or
order must be final.
The judgement or order
must be on merits
It must have been rendered
by a court having
jurisdiction over the subject
matter and parties
There must be between the
first and second actions,
identity of parties, of
subject matter and of cause
of action.
Law of the case- provides that
whatever is once irrevocably

Introduction To Law

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, so long as the
facts on which such decision was
predicated continue to be the facts
of the case before the court.
The difference
between res judicata
and law of the caseIn law of the case
applies only to the
same case whereas
res judicata
forecloses parties or
privies in one case
by what has been
done in another
case. Furthermore,
law of the case
relates entirely to
questions of the law
while res judicata is
applicable to the
conclusive
determination of
issue of fact.
Problems with precedent
Inconsistencies- Supreme
Court decisions do not
always clarify issues.
Judicial FIlip-floppingwherein the inconsistency in
Supreme Court decisions is
one involving a single case.
The Supreme Court Justices
cannot seem to agree on
what is the correct
interpretation of the law
should be.
ci.
cii.
Art. 8. Judicial decisions
applying or interpreting
the laws or the
Constitution shall form a
part of the legal system
of the Philippines.
ciii.

13 | P a g e

civ.
-

Settlement of a controversy by a
court of law.
Goes into roots of controversy
cv.

1.
2.
3.
4.
5.

DECISION

Essential parts:

Statement of case
Statement of facts
Court Ruling
Issues or assignment of errors
Disposition / Dispositive portion
o Determines and settles
the right of the parties
and the questions
presented therein. /
o If no facts = Assailed
decision
o Guides as enlightenment
to determine the ratio
decidendi (the reason
for the decision)
o Definite, clear,
unequivocal without
need for interpretation.
cvi.
Exemptions:
cvii.
>There is
ambiguity
cviii.
>Extensive
and Explicit discussion
and settlement of the
issue is found in the
body of decision.
cix.>There the
inevitable conclusion
from the body of the
decision is so clear the
there was a mistake in
the dispositive portion,
the body of the decision
will prevail.
cx.
1.
2.
3.
4.
5.
6.

Components of decision:
Facts
Procedural History
Question Presented
Rule of Law
Application of Law to the Fact
Holding

Introduction To Law

7. Disposition

cxx.

cxi.

cxxi.

One where there is no ponente

does not require formal
certification
Opinions of the court are unsigned
and decided by the court.
More authoritative
cxii.

Per curiam decision

cxxii. Minute Decision

cxxiv. Doesnt require that the
facts and the law on which
the judgment is based
must be expressed clearly
and distinctly
cxxvi. A minute resolution is
signed only by the Clerk of
Court by authority of
Justices
cxxviii. Does not require the
certification of the Chief
Justice
cxxx. Not published in Philippine
Reports
cxxxii. The SC lays down doctrines
or principles of law which
constitute binding
precedent in a decision
duly signed by the
members of Court and
certified by the Chief
Justice

MEMORANDUM DECISION

Those which adopt by reference

the findings of fact and conclusion
of law inferior tribunal.
States the nature of the case,
summarize the facts with reference
to the record, and contain a
statement of the applicable laws
and jurisprudence and the
tribunals assessment and
conclusion on the case.
cxiii. Forms of decision in
appealed cases shall be clear and
distinctly state the findings of fact
and the conclusion of law on which
it is based.
cxiv.

cxvi.

cxxxvi.
-

Decrees them as final and

executor where:

* Case is patently without

merit
cxvii. * The issues raised are
factual in nature
cxviii. * Decisions is supported by
substantial evidence and is
in accord with the facts of
the case and the applicable
laws
cxix. * Clear from the records

14 | P a g e

cxxxv. Res judica depends

whether a minute resolution
of the SC is adjudication on
the merits of the petition.

MINUTE RESOLUTIONS

Not bound to render signed

decisions all the time and has
discretion on its evaluation of a
case.
Helps the court in alleviating its
heavy docket
cxv.

cxxxiv.

Judgment

Impose proper penalty and civil

liability
cxxxvii.
Constitutional
Mandate

Comply with form, procedure and

substantive requirements.
cxxxviii.
Procedure

ROC Civil

Introduction To Law
cxxxix.

Rendition of
judgments and final orders
personally wrote, and
prepared by the judge

cxl.
Procedure
cxli.

cxlii.

ROC Criminal

Form and
contents of judgments
must be in official language,
must be clear.
SC issued Administrative
Circular No. 1 prompting all
judges to make complete
findings of facts in their
decisions, and scrutinize
closely the legal aspects of
the case in the light of the
evidence presented. They
should avoid the tendency
to generalize and form
conclusions without
detailing the facts from
which such conclusions are
deduces.

cxlix.
cl.
-

cxliv.

2 essential parts
of judgment:

cxlv.

Body
clearly and distinctly states
its findings of fact and of
law, which is decision
based. Where finding of
facts are stated.
Decretal
portion controlling part

cxlvii. THE SYLLABUS

-

Work of the reporter who gives

understanding of the decision.
cxlviii.

15 | P a g e

CERTIFICATION

ORAL DISSENTS

Delivered by dissenting Justices in

public
Offers an intriguing prism on the
way that dissents provide
alternative sources of democratic
legitimacy and important pathways
towards democratic accountability
Functions as ideal window
Should be performed / recited
clii.

DISSENTING OPINION

Guarantee the freedom of

expression of the minority
Do not provide doctrine
It affirms or overrules no claim,
right, or obligations and neither
disposes of, nor awards, anything.
Merely expresses the views of the
dissenter.
The majority can never
suppress the dissent. It is a
constitutional right and duty.
cli.

cxliii. Constitution and ROC

cxlvi.

Mean to ensure the implementation

of the constitutional requirement
that decisions of the Supreme
Court and lower collegiate courts
are reached after consultation with
members of the court sitting en
banc or in a division before the
case is assigned to a member
thereof for decision-writing.

VALUE AND FUNCTIONS

OF DISSENT

Those who do not concur with the

majoritys opinion express their
disagreement by writing dissenting
opinions
To emphasize the limits of a
majority decision that sweeps, so
far as the dissenters are
concerned, unnecessarily broadly

Introduction To Law
sort of damage control
mechanism
cliii.

PRINCIPLES

cliv.

*Both parties have to know

all the views of the
collegiate court
*If the separate opinions are
not appended to the main
opinion, the parties will
have difficulty
understanding the
dissertation in the ponencia
of the majority that
addressed the points raised
and resons presented in the
separate opinions, more
particularly in the dissenting
opinion.

clv.

clvi.
clvii.
clviii. Per Curiam Resolution
The SCs majority opinion claimed
that the internal deliberations of
the Court included the Separate
Opinions of the Justices and were
within the purview of judicial
privilege, despite its promulgation
and publication.
Majoritys decision amounted to
censorship designed to suppress
information regarding the events
taking place away from public
awareness.
clix.
clx.
Motion for
Reconsideration
clxi.
Purpose: Allow the
adjudicator another opportunity to
review the case and to re-examine
the issues, deciding anew a
question that was previously raised
clxii.
clxiii. CONCURRING OPINIONS
clxiv.
Intended to define
with greater precision the
scope of an opinion or
otherwise inform the parties
and other audiences of what
the writer believes are
important points.
clxv.
clxvi.

16 | P a g e

1.
2.
3.
4.

clxvii. RATIO DECIDENDI AND

OBITER DICTUM
clxviii.
clxix. RATIO DECIDENDI
Ultimate issue directly before the
Court, expressly decided in the
course of consideration of the case.
Constitutes the binding precedent.
Rationale; orders nothing
As a general rule, binding on courts
of lower and later jurisdiction
through the doctrine of stare
decisis
clxx.
clxxi. OBITER DICTUM
clxxii.
- Not binding but it
can be helpful in
establishing the legal
principles in the case under
consideration.
clxxiii.
- Dispositive portion;
conclusion, orders
something
clxxiv.
- Lacks the force of
adjudication.
clxxv.
clxxvi.
RULINGS PRO HAV
VICE for this one particular
reason
Decisions are made only when they
are extremely peculiar
circumstances
Made to bypass procedural lapses
by litigants in order to address
merits of important cases.
Applied to administrative matters
such as request for the audio
coverage of oral arguments before
the Supreme Court
clxxvii.
clxxviii.
clxxix.AUTHORITIES
clxxx.
Anything that a court can rely on in
reaching its conclusion
Legal resources.
Constitutions
Statutes
Regulations
Reported Cases
clxxxi.
clxxxii.
PRIMARY
AUTHORITY
Any law that the court can rely on
in making its decisions.

Introduction To Law
-

Issued by a branch of government

acting in its lawmaking capacity
clxxxiii.
clxxxiv.
SECONDARY
AUTHORITY
- Non-Law source that the court can
rely on in reaching its conclusions.
- Usually commentaries that explain
how the law came to be, and
contain analyses or critiques of the
law.
clxxxv.
clxxxvi.
MANDATORY
AUTHORITY
- Whatever the court must rely on in
reaching its conclusion.
- Primary Authority
clxxxvii.
clxxxviii.
OPINION AS
MANDATORY AUTHORITY
1. Analogous
2. Written by a court that is superior
to the court
clxxxix.
cxc. PERSUASIVE AUTHORITY
- What the court relies on when it is
not required to do so.
- Law/ non-law authority that a court
decides to follow because of it
persuasiveness
cxci.
cxcii. KINDS:
cxciii. *A prior court opinion that
the court is not required to follow
but does so because it finds the
opinion persuasive
cxciv. *Any secondary authority
that the court is not required to
follow but does so because it finds
the secondary authority persuasive
cxcv.
- Non-Authority is:
cxcvi. *Primary or secondary
authority that is not on point

17 | P a g e

cxcvii. *Invalid primary authority

cxcviii. *Book/ Digested case
cxcix.
cc.
CATEGORIES:
Enacted by law
Intention of the authors
Does not violate other law
cci.
ccii. OPINIONS AS
PERSUASIVE AUTHORITY
cciii.
cciv. Does not have to follow an
opinion if EITHER of the
following exists
1. Written by an inferior court and is
now being considered by a court
within the same judicial system
that is superior to the court that
wrote the opinion
2. Written by the court from another
judicial system
ccv.
ccvi. FOREIGN DECISIONS
- When a statute has been adopted
from another state or country and
it has previously been construed bu
the courts of such state or country,
the statute is deemed to have been
adopted with the construction
given.
ccvii.
ccviii. INDIGENOUS AND
ISLAMIC LAW
- The organic act shall define the
basic structure of government for
the region consisting of the
executive department and
legislative assembly, both of which
shall be elective and representative
of the constituent political units.
ccix.
ccx.

ccxi.