Law

The science of moral laws founded on the rational nature of man that governs his free activity for
the realization of the individual and social ends of life under an aspect of mutual conditional
dependence.

A rule of conduct, just, obligatory, formulated by legitimate authority for common observance and
benefit. (J. Rodriguez, Lapitan v PCSO)

When Laws Take Effect

Presidential issuances of general application, which have not been published, shall have no force
and effect. (Taada v Tuvera 1985)

All statutes, including those of local application and private laws, shall be published as a condition
for their effectivity, which shall begin fifteen days after publication unless a different effectivity
date is fixed by the legislature. Administrative rules and regulations must also be published if
their purpose is to enforce or implement existing law pursuant also to a valid delegation. (Taada
v Tuvera 1986)

Interpretative regulations and those merely internal in nature, that is, regulating only the
personnel of the administrative agency and not the public, need not be published. As with letters
of instructions issued by administrative superiors concerning the rules or guidelines to be followed
by their subordinates in the performance of their duties. (Taada v Tuvera 1986)

Judicial Decisions

Judicial decisions applying or interpreting the laws of the Constitution shall form part of the legal
system of the Philippines (Art 8. Civil Code of the Philippines)

The doctrine of stare decisis et non quieta movere is embodied in Article 8 of the Civil Code of the
Philippines. (Lazatin v Disierto)

There is no law requiring the publication of Supreme Court decisions in the Official Gazette before
they can be binding and as a condition to their becoming effective. (De Roy v CA)

Stare Decisis

The doctrine of stare decisis enjoins adherence to judicial precedents. It requires courts in a country
to follow the rule established in a decision of the Supreme Court thereof. It is based on the principle
that once a question of law has been examined and decided, it should be deemed settled and closed
to further argument. (Fermin v People)

Only upon showing that circumstances attendant in a particular case override the great benefits
derived by our judicial system from the doctrine of stare decisis, can the courts be justified in
setting aside the same. (Lazatin v Disierto)

Ignorance of the Law

Ignorance of the Law excuses no one from compliance therewith (Art 3. Civil Code of the
Philippines)

Mistake of law does not make a contract voidable, because ignorance of the law does not excuse
anyone from its compliance. (De Luna v Linatoc)
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Silence of the Law

There being no rule of law, expressly applicable to [an issue], [the Court] is required to apply the
general principles of law. (Civil Code, art. 6.) Under this authorization, [the court] may adopt and
apply by analogy the general rules established by the Code relating to the [issue]. (Cerrano v Tan
Chuco)

Lawyers

Any person heretofore duly admitted as a member of the bar, or hereafter admitted as such in
accordance with the provisions of this rule, and who is in good and regular standing, is entitled to
practice law. (Rule 138 Sec 1, Rules of Court)

A law student who has successfully completed his 3rd year of the regular four-year prescribed law
curriculum and is enrolled in a recognized law school's clinical legal education program approved
by the Supreme Court, may appear without compensation in any civil, criminal or administrative
case before any trial court, tribunal, board or o cer, to represent indigent clients accepted by the
legal clinic of the law school. (Rule 138-A Sec 1, Rules of Court)

There is no distinction as to whether the transgression is committed in the lawyers professional

capacity or in his private life. This is because a lawyer may not divide his personality so as to be
an attorney at one time and a mere citizen at another. Thus, not only his professional activities
but even his private life, insofar as the latter may reflect unfavorably upon the good name and
prestige of the profession and the courts, may at any time be the subject of inquiry on the part of
the proper authorities. (Cojuanco, Jr. v Palma)

The Bar

The Court, by virtue of the power vested in it by Section 13 of Article VIII of the Constitution,
hereby ordains the integration of the Bar of the Philippines, effective on January 16, 1973.

Integration of the Philippine Bar means the official unification of the entire lawyer population of
the Philippines. This requires membership and financial support (in reasonable amount) of every
attorney as conditions sine qua non to the practice of law and the retention of his name in the Roll
of Attorneys of the Supreme Court. (IBP v Zamora)

The term Bar refers to the collectivity of all persons whose names appear in the Roll of Attorneys.
An Integrated Bar (or Unified Bar) perforce must include all lawyers. (IBP v Zamora)

Disciplinary Proceedings; public interest is its primary objective, and the real question for
determination is whether or not the attorney is still a fit person to be allowed the privileges as
such. (In Re Almacen)

In the exercise of its disciplinary powers, the Court merely calls upon a member of the Bar to
account for his actuations as an officer of the Court with the end in view of preserving the purity
of the legal profession and the proper and honest administration of justice by purging the
profession of members who by their misconduct have proved themselves no longer worthy to be
entrusted with the duties and responsibilities pertaining to the office of an attorney. (In Re
Almacen)

Practice of Law

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To engage in the practice of law is to perform those acts which are characteristics of the profession.
Generally, to practice law is to give notice or render any kind of service, which device or service
requires the use in any degree of legal knowledge or skill. (Cayetano v Monsod)

Practice of law means any activity, in or out of court, which requires the application of law, legal
procedures, knowledge, training and experience. To practice law is to give advice or render any
kind of service that involves legal knowledge or skill. (Ulep v Legal Clinic)

The practice of giving out legal information constitutes practice of law. (Ulep v Legal Clinic)

In his relations with the courts, a lawyer may not divide his personality so as to be an attorney at
one time and a mere citizen at another. (In Re Almacen)

The law profession does not prescribe a dichotomy of standards among its members. There is no
distinction as to whether the transgression is committed in the lawyers professional capacity or
in his private life. This is because a lawyer may not divide his personality so as to be an attorney
at one time and a mere citizen at another. Thus, not only his professional activities but even his
private life, insofar as the latter may reflect unfavorably upon the good name and prestige of the
profession and the courts, may at any time be the subject of inquiry on the part of the proper
authorities. (Cojuangco, Jr v Palma)

No matter how firm a lawyers conviction in the righteousness of his cause there is simply no
excuse for denigrating the courts and engaging in public behavior that tends to put the courts and
the legal profession into disrepute. All lawyers, whether they are judges, court employees,
professors or private practitioners, are officers of the Court and have voluntarily taken an oath, as
an indispensable qualification for admission to the Bar, to conduct themselves with good fidelity
towards the courts. (In Re Letter of the UP Law Faculty)

Free Legal Assistance Act (R.A. 9999)

The State shall guarantee free legal assistance to the poor and ensure that every person who
cannot afford the services of a counsel is provided with a competent and independent counsel
preferably of his/her own choice, if upon determination it appears that the party cannot a ord the
services of a counsel, and that services of a counsel are necessary to secure the ends of justice and
protect of the party. (Sec. 2)

Hierarchy of Courts

Trial courts do not only determine the facts from the evaluation of the evidence presented before
them. They are likewise competent to determine issues of law which may include the validity of
an ordinance, statute, or even an executive issuance in relation to the Constitution. (The Diocese
of Bacolod v. COMELEC)

The Court of Appeals is primarily designed as an appellate court that reviews the determination
of facts and law made by the trial courts. (The Diocese of Bacolod v. COMELEC)

Doctrine of Hierarchy of Courts

The doctrine that requires respect for the hierarchy of courts was created by this court to ensure
that every level of the judiciary performs its designated roles in an effective and efficient manner.
(The Diocese of Bacolod v. COMELEC)

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The doctrine of hierarchy of courts is not an iron-clad rule. The court has full discretionary power
to take cognizance and assume jurisdiction [over] special civil actions for certiorari . . . filed directly
with it for exceptionally compelling reasons or if warranted by the nature of the issues clearly and
specifically raised in the petition. (The Diocese of Bacolod v. COMELEC)

Separation of Powers

One department of the government has no power or authority to inquire into the acts of another,
which acts are performed within the discretion of the other department. (Abueva v Wood)

The separation of powers is a fundamental principle in our system of government. It obtains not
through express provision but by actual division in our Constitution. Each department of the
government has exclusive cognizance of matters within its jurisdiction, and is supreme within its
own sphere. (Angara v ELECOM)

Blending of Powers

It does not follow from the fact that the three powers are to be kept separate and distinct that the
Constitution intended them to be absolutely unrestrained and independent of each other. The
Constitution has provided for an elaborate system of checks and balances to secure coordination
in the workings of various departments of government. (Angara v ELECOM)

Supreme Court

The following are considered en banc cases:

1. Cases in which the constitutionality or validity of any treaty, international or executive

agreement, law, executive order, or presidential decree, proclamation, order, instruction,
ordinance, or regulation is in question;
2. Criminal cases in which the appealed decision imposes the death penalty;
3. Cases raising novel questions of law;
4. Cases affecting ambassadors, other public ministers and consuls;
5. Cases involving decisions, resolutions or orders of the Civil Service Commission,
Commission on Elections, and Commission on Audit;
6. Cases where the penalty to be imposed is the dismissal of a judge, officer or employee of the
judiciary, disbarment of a lawyer, or either the suspension of any of them for a period of
more than one (1) year or a fine exceeding P10,000.00 or both;
7. Cases where a doctrine or principle laid down by the court en banc or in division may be
modified or reversed;
8. Cases assigned to a division which in the opinion of at least three (3) members thereof merit
the attention of the court en banc and are acceptable to a majority of the actual membership
of the court en banc; and
9. All other cases as the court en banc by a majority of its actual membership may deem of
sufficient importance to merit its attention. (Firestone Ceramics, Inc v CA)

The promulgation of the Amparo Rule was an exercise for the first time of the Supreme Courts
expanded power to promulgate rules to protect our peoples constitutional rights, which made its
maiden appearance in the 1987 Constitution in response to the Filipino experience of the martial
law regime. (Secretary of National Defense v Manalo)

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Trial Courts

Judiciary Reorganization Act of 1980 (BP No. 129)

Court of Appeals
Members/Divisions Exclusive Original Jurisdiction
Original Jurisdiction Appellate Jurisdiction
-1 Presiding Justice Actions for annulment of (1) Issuance of writs of: All final judgments,
judgments of Regional Trial resolutions, orders or awards
-50 Associate Justices Courts. -mandamus, of RTC and quasi-judicial
-17 divisions, 3 members each -prohibition, agencies, instrumentalities,
boards or commission. (SEC,
-certiorari, SSC, ECC, CSC)

-habeas corpus, and

-quo warranto

(2) auxiliary writs of processes *except those falling w/in the

appellate jurisdiction of the
SC. (Constitution, Labor Code,
PD 442)
*may sit En Banc only for the
exercising administrative,
ceremonial, or other non-
adjudicatory functions *WON in aid of its appellate
jurisdiction.

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 Regional Trial Court
Members/Regions Exclusive Original Jurisdiction Appellate Jurisdiction

-13 Regional Trial Courts, one for Civil: Criminal: All cases decided by:
each judicial region (1) all civil actions in which the subject
All criminal cases not w/in the -Metropolitan Trial Courts,
of litigation is incapable of pecuniary
-57(I), estimation; exclusive original jurisdiction of any
court, tribunal or body, except under -Municipal Trial Courts, and
-32(II), (2) all civil actions which involve the exclusive and concurrent
title to, or possession of real property, Sandiganbayan jurisdiction. -Municipal Circuit Trial Courts
-75(III), or any interest where the assessed
value exceeds 20K PHP (50K in Metro
-172(NCR), Manila);
Original Jurisdiction Special Jurisdiction
(3) all actions in admiralty and
-82(IV),
maritime jurisdiction where the (1) Issuance of writs of: The Supreme Court may designate
-55(V), demand or claim exceeds 100K (200K
certain branches of the RTC to
in MM); -mandamus, handle exclusively criminal cases,
-63(VI), (4) all matters of testate and intestate juvenile and domestic relations
probate, where the gross value of the -prohibition, cases, agrarian cases, urban land
-46(VII), estate exceeds 100K (200K in MM); reform cases, which do not fall under
-certiorari,
-33(VIII), (5) all actions involving marital the jurisdiction of quasi-judicial
contracts and relations; -habeas corpus, bodies and agencies, and/or other
-24(IX), special cases as the SC may
(6) all cases not w/in the exclusive
-quo warranto, and determine in the interest of a speedy
jurisdiction of any court, tribunal,
-32(X), person or body exercising judicial or and efficient administration of
quasi-judicial functions; -injunction, justice.
-29(XI),
(7) all civil actions and special which may be enforced in any part of
-20(XII) proceedings falling w/in the exclusive their respective regions;
jurisdiction of a Juvenile and Domestic
Relations Court and Courts of (2) actions affection ambassadors,
Agrarian Relations; and and other public ministers and
(8) all other cases in which the consuls.
demand, exclusive of interest,
damages of whatever kind, attorneys
fees, litigation expenses, and costs or
the value of the property exceeds
100K.

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 Metropolitan, Municipal, and Municipal Circuit Trial Courts
Members/Divisions
-Metropolitan Trial Court in
each metropolitan area
established by law
-82 branches of Metropolitan
Trial Court of Manila
-Municipal Trial Court in
each of the other cities or
municipalities
-1 branch of Municipal Trial
Court in every city and
municipality which does not
form part of a metropolitan
area (with exceptions)
-Municipal Circuit Trial
Court in each circuit
comprising such cities and/or
municipalities as are grouped
together
-1 Municipal Circuit Trial
Court in each area defined as
a municipal circuit,
comprising one or more cities
and/or more municipalities
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Exclusive Original Jurisdiction
Criminal:
(1) all violations of city or
municipal ordinances
committed w/in their
respective territorial
jurisdiction; and
(2) all offenses punishable
with imprisonment not
exceeding 6 years irrespective
of the amount of fine and
regardless of other imposable
accessory or other penalties.
Civil:
(1) civil actions and special
probate proceedings, testate
and intestate, including the
grant of provisional remedies
in proper cases, where the
value of the personal
property, estate, or amount of
the demand does not exceed
100K (200K in MM) exclusive
of whatever kind of damages,
attorneys fees, litigation
expenses, and costs. (to
consolidate amounts of claims
in cases of multiple claims or
causes of action);
(2) cases of forcible entry or
unlawful detainer; and
(3) civil actions which involve
title to, or possession of, real
property, or any interest
therein wherein the assessed
value does not exceed 20K
(50K in MM) exclusive of
whatever kind of damages,
attorneys fees, litigation
expenses, and costs. (value of
property shall be determined
by the assessed value of
adjacent lots).
Delegate Jurisdiction
May be assigned by the SC to
hear and determine cadastral
or land registration cases
covering lots where there is
no controversy or opposition,
or contested lots where the
value of which does not
exceed 100K.
Special Jurisdiction
In the absence of all Regional
Trial Judges in a province or
city, any Metropolitan,
Municipal, and Municipal
Circuit Trial Judge may hear
and decide petitions for a writ
of habeas corpus or
applications for bail in
criminal cases in the province
or city where the absent
Regional Trial Judges sit.
7
Judiciary and Bar Council

Section 8(1) of Article VIII of the Constitution:

A Judicial and Bar Council is hereby created under the supervision of the Supreme Court
composed of the Chief Justice as ex officio Chairman, the Secretary of Justice, and a
representative of the Congress* as ex officio Members, a representative of the Integrated
Bar, a professor of law, a retired Member of the Supreme Court, and a representative of the
private sector.

*The lone representative of Congress is entitled to one full vote. This pronouncement effectively
disallows the scheme of splitting the said vote into half (1/2), between two representatives of
Congress. Not only can this unsanctioned practice cause disorder in the voting process, it is clearly
against the essence of what the Constitution authorized. (Chavez v JBC 2013)

The Framers of our Constitution intended to create a JBC as an innovative solution in response to
the public clamor in favor of eliminating politics in the appointment of members of the Judiciary.
(Chavez v JBC 2012)

In Re: Valenzuela and Vallarte/ De Castro v Judiciary Bar and Council

Section 15, Article VII of the Constitution:

Two months immediately before the next presidential elections and up to the end
of his term, a President or Acting President shall not make appointments, except
temporary appointments to executive positions when continued vacancies therein will
prejudice public service or endanger public safety.

Sections 4(1) of Article VIII of the Constitution:

The Supreme Court shall be composed of a Chief Justice and fourteen Associate Justices. It
may sit en banc or in its discretion, in division of three, five, or seven Members. Any
vacancy shall be filled within ninety days from the occurrence thereof.

Initially, in the case of Valenzuela, the Court ruled that, during the period stated in Section 15,
Article VII of the Constitutiontwo months immediately before the next presidential elections
and up to the end of his termthe President is neither required to make appointments to the
courts nor allowed to do so. On the ground that, the prevention of vote-buying and similar evils
outweighs the need for avoiding delays in filling up of court vacancies or the disposition of some
cases. And that Constitution must be construed in its entirety as one, single instrument. (In Re:
Valenzuela)

However, in De Castro v JBC, the Court reversed itself, stating that the prohibition against
presidential appointments under Section 15, Article VII does not extend to appointments in the
Judiciary. On the ground that had the framers intended to extend the prohibition contained in
Section 15, Article VII, which is dedicated to the Executive Department, to the appointment of
Members of the Supreme Court, they could have explicitly done sothey could not have ignored
the meticulous ordering of the provisions. (De Castro v JBC)

If midnight appointments were made in haste and with irregularities, or made by an outgoing
Chief Executive in the last days of his administration out of a desire to subvert the policies of the

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incoming President or for partisanship, the appointments to the Judiciary made after the
establishment of the Judicial and Bar Council (JBC) would not be suffering from such defects
because of the JBCs prior processing of candidates. The intervention of the Judicial and Bar
Council (JBC) eliminates the danger that appointments to the Judiciary can be made for the
purpose of buying votes in a coming presidential election, or of satisfying partisan considerations.
(De Castro v JBC)

Constitution

"A constitution is a fundamental law or basis of government. It is established by the people, in

their original sovereign capacity, to promote their own happiness, and permanently to secure their
rights, property, independence, and common welfare. (Story, Const.)

"The constitution is certain and fixed. It contains the permanent will of the people, and is the
supreme law of the land. It is paramount to the legislature, and can be revoked or altered only by
the authority that made it." (J Johns, Villamor, and Ostrand in Lopez v De Los Reyes)

Bill of Rights

A bill of rights is a declaration and enumeration of the individual rights and privileges which the
Constitution is designed to protect against violations by the government, or by individuals or
groups of individuals. It is a charter of liberties for the individual and a limitation upon the power
of the state. (Filoteo Jr., v Sandiganbayan)

Who Interprets the Constitution?

The framers of our Constitution adopted the American type where the written constitution is
interpreted and given effect by the judicial department. (Angara v ELECOM)

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. (Angara v ELECOM)

Constitutional Construction

Verba Legis; wherever possible, the words used in the Constitution must be given their
ordinary meaning except where technical terms are employed.

As the Constitution is not primarily a lawyers document, it being essential for the rule of
law to obtain that it should ever be present in the peoples consciousness, its language as
much as possible should be understood in the sense they have in common use. What it says
according to the text of the provision to be construed compels acceptance and negates the
power of the courts to alter it, based on the postulate that the framers and the people mean
what they say. (J.M. Tuason Co., Inc v Land Tenure Association)

Ratio Legis Est Anima; where there is ambiguity, the words of the Constitution should be
interpreted in accordance with the intent of its framers.

Intent of the framers of the organic law and of the people adopting it should be given effect.
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. (Nitafan v CIR)
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 A foolproof yardstick in constitutional construction is the intention underlying the provision
under consideration. Thus, it has been held that the Court in construing a Constitution
should bear in mind the object sought to be accomplished by its adoption, and the evils, if
any, sought to be prevented or remedied. A doubtful provision will be examined in the light
of the history of the times, and the condition and circumstances under which the
Constitution was framed. The object is to ascertain the reason which induced the framers
of the Constitution to enact the particular provision and the purpose sought to be
accomplished thereby, in order to construe the whole as to make the words consonant to
that reason and calculated to effect that purpose. (Civil Liberties Union v Executive
Secretary)

Ut Magis Valeat Quam Pereat; the Constitution is to be interpreted as whole. (Francisco v

HoR)

Construction Limitations

The judiciary does not pass upon questions of wisdom, justice or expediency of legislation. (Angara
v ELECOM) *Political Question

Self-Executing Provisions

A constitutional provision is self-executing if the nature and extent of the right conferred and the
liability imposed are fixed by the Constitution itself, so that they can be determined by an
examination and construction of its terms, and there is no language indicating that the subject is
referred to the legislature for action. (Manila Prince Hotel v GSIS)

The omission from a constitution of any express provision for a remedy for enforcing a right or
liability is not necessarily an indication that it was not intended to be self-executing. Subsequent
legislation does not necessarily mean that the subject constitutional provision is not, by itself, fully
enforceable. (Manila Prince Hotel v GSIS)

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