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 judge-made law,
which develop on a case-to-case 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
committee consisting of the governor
general, senate president and speaker of
the house
1|Page
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-in-chief 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 it’s 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.
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 people’s 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.
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
2|Page
Introduction To Law
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 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
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.
B. Constitutional Construction
3|Page
Introduction To Law
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
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.

i. No need for construction when
the law is clear
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.
ii. Verba Legis
(Plain meaning rule)
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.
iii. Ratio legis est anima
(The reason of the law is the soul
of the law)
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.
iv. Ut magis valeat quam pereat
(Interpreted as whole)
Chiongbian v. De Leon
That said provision should function to the
full extent of its substance and its terms,
4|Page
Introduction To Law
not by itself alone, but in conjunction with
all other provisions of that great document.
v. Applicability of rules of statutory
construction to constitutional
construction
Macalintal v. COMELEC
Its basic principle in Constitutional
construction that the Constitution should
be construed as a whole
AREAS OF LAW
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)
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 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)
Criminal Law
A branch of municipal law which defines
crimes treats of their nature and provides for their
punishment.
It is that branch of public substantive law
which defines offenses and prescribes their
penalties. It is substantive because it defines the
state’s 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.
 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)
 there’s willfully, unlawfully,
feloniously, maliciously, and with
intent to impeach the honesty,
virtue, and reputation (U. S. v.
TAYLOR G.R. 9726)
Limitations on the power of Congress to enact
penal laws (ON)
1. Must be general in application.
2. Must not partake of the nature of an ex post
facto law.
3. Must not partake of the nature of a bill of
attainder.
5|Page
Introduction To Law
4. Must not impose cruel and unusual
punishment or excessive fines.
Commercial Law/ Mercantile Law
That issued by one merchant to another for
the purpose of attending to a commercial
transaction.
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.
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
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)
Law on Taxation
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.
As a power, taxation refers to the inherent
power of the state to demand enforced
contributions for public purpose or purposes.
Taxation is a symbiotic relationship,
whereby in exchange for the protection that
thecitizens get from the government, taxes are paid.
Nature of Taxation
1. It is an inherent attribute of sovereignty
2. It is legislative in character
Labor Law
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.
The State shall promote social justice in all
phases of national development.
The State values the dignity of every human
person and guarantees full respect for human/rights.
The State recognizes the vital role of the
youth in nation-building 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.
The State recognizes the role of women in
nation-building, and shall ensure the fundamental
equality before the law of women and men.
The State affirms labor as a primary social
economic force. It shall protect the rights of workers
and promote their welfare.
The State recognizes the indispensable role
of the private sector, encourages private enterprise,
and provides incentives to needed investments
 Labor laws are considered written in every
contract. (Mariveles Shipyard v. CA)
Labor Relations
6|Page
Introduction To Law
Right to Self-organization
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.
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.
Remedial Law
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
Legal Ethics
Legal Ethics denotes that body of principles
by which the conduct of members of the legal
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))
JUDICIAL REVIEW
Chapter 4 of Gatmaytan
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
 Introduction To Law

agency contravenes the law or constitution is within 1. An actual case or controversy

the jurisdiction if the regular courts. calling for the exercise of judicial
power.
 Origins and Constitutional Basis  Actual Case or
 The Court has the power to review controversy- means an
discretionary acts by the other existing case or
branches of the government. controversy that is
 During the Marcos regime, the judicial appropriate or ripe for
system was doubted because of its lack determination, not
of answer to political questions. SC said conjectural or
that since it’s political, they don’t have anticipatory, lest the
authority to pass upon it. That’s why in decision of the court
the 1987 Constitution, the judicial would amount to an
branch has now more power in a advisory opinion. When
broader sense. (Political question “are an issue becomes moot, it
those which under the Constitution are is dismissed. It becomes
to be decided by the people in their moot when it cease to
sovereign capacity, or in regard to present a justiciable
which full discretionary authority has controversy that is of
been delegated to the legislative or concern by the judiciary.
executive branch of government”) 2. The person challenging the act
 As explained by the Supreme Court in must have “standing” to challenge
the case of Angara v Electoral it. As in he must have personal and
Commission, in cases of conflict, the substantial interest and might
judicial department is the only sustain direct injury as a result of
constitutional organ which can be enforcement.
called upon to determine the proper  Legal standing or locus
allocation of powers between the standi as described above.
several departments and among the To have standing, the
integral or constituent units thereof. citizen must establish that
 The judiciary is the final arbiter on the he has suffered actual or
question whether or not the branch of threatened injury as a
government or any of its officials has result of the allegedly
acted without jurisdiction, an excess of illegal conduct of the
it, or so capriciously as to constitute an government.
abuse of discretion. (Grave abuse of 3. The question of constitutionality
discretion is simply a whimsical exercise must be raised at the earliest
of judgement that is patent and gross possible opportunity.
as to amount to an evasion of positive  This means that the act of
duty or a virtual refusal to perform a questioning its
duty enjoined by law, or to act at all in constitutionality should
contemplation of law, as where the have been immediately
power is exercised in an arbitrary and raised in the proceedings
despotic manner by reason of passion in the court.
or hostility.) 4. The issue of constitutionality must
be thelismota or very cause of the
 Requisites for exercise of judicial review suit or action.
 This arises from the
presumption of validity

7|Page

accorded executive and
legislative acts of our co-
equal branches of the
government.
 Effects of declaration of unconstitutionality
An unconstitutional act is not a
 Law
 Confers no rights
 Imposes no dutied
 No protection
 No office
 Operative as if it were
passed.
 Partial Unconstitutionality; The separability
clause
-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
-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.
Constitution Article VIII
Section 1. The judicial power shall be vested in one
Supreme Court and in such lower courts as may be
established by law.
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.
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.
8|Page
Introduction To Law
No law shall be passed reorganizing the Judiciary
when it undermines the security of tenure of its
Members.
Marbury v. Madison, 5 US 137 (1803)
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.
The commissions were signed by President Adams
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 Adams’s
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 Adams’s term.
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 Jefferson’s
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.”
Issues
1. Does Marbury have a right to the
commission?
2. Does the law grant Marbury a remedy?
3. Does the Supreme Court have the authority
to review acts of Congress and determine
whether they are unconstitutional and
therefore void?
4. Can Congress expand the scope of the
Supreme Court’s original jurisdiction
beyond what is specified in Article III of the
Constitution?
5. Does the Supreme Court have original
jurisdiction to issue writs of mandamus?

Holding and Rule (Marshall)
1. Yes. Marbury has a right to the commission.
The order granting the commission takes
effect when the Executive’s 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 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
9|Page
Introduction To Law
ordinary act, must govern the case to which
they both apply.
4. No. Congress cannot expand the scope of
the Supreme Court’s 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,
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.
Disposition
Application for writ of mandamus denied. Marbury
doesn’t get the commission.

Angara v. Electoral Commission, supra (Got it from
Boss’ case digest. Held lang to which is the gist of
the whole issue)
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.
VI. Case Law and Precedent Chapter 5 of
Gatmaytan
 Court decisions as law
-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
10 | P a g e
Introduction To Law
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 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
case- In 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-flopping- wherein 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.

Art. 8. Judicial decisions applying or
interpreting the laws or the Constitution
shall form a part of the legal system of the
Philippines.
DECISION
- Settlement of a controversy by a court of
law.
- Goes into roots of controversy
Essential parts:
1. Statement of case
2. Statement of facts
3. Court Ruling
4. Issues or assignment of errors
5. 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.
Exemptions:
>There is ambiguity
>Extensive and Explicit
discussion and settlement of
the issue is found in the body
of decision.
>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.
Components of decision:
1. Facts
2. Procedural History
11 | P a g e
Introduction To Law
3. Question Presented
4. Rule of Law
5. Application of Law to the Fact
6. Holding
7. Disposition
Per curiam decision
- One where there is no ponente – does not
require formal certification
- Opinions of the court are unsigned and
decided by “the court”.
- More authoritative
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 tribunal’s
assessment and conclusion on the case.
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.
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
Decrees them as final and executor where:
* Case is patently without merit
* The issues raised are factual in nature
* Decisions is supported by substantial evidence and
is in accord with the facts of the case and the
applicable laws
* Clear from the records
 Introduction To Law

Minute Decision Decision SC issued Administrative Circular No. 1 prompting all

Doesn’t require that Requires that the judges “to make complete findings of facts in their
the facts and the facts and the law on decisions, and scrutinize closely the legal aspects of
law on which the which the judgment the case in the light of the evidence presented. They
judgment is based is based must be
should avoid the tendency to generalize and form
must be expressed expressed clearly
clearly and distinctly and distinctly conclusions without detailing the facts from which
A minute resolution Must be judges such conclusions are deduces.”
is signed only by the
Clerk of Court by Constitution and ROC
authority of Justices
Does not require the Need of certification 2 essential parts of judgment:
certification of the
Chief Justice Body – clearly and distinctly states
Not published in Published in its findings of fact and of law, which is decision
Philippine Reports Philippine Reports based. Where finding of facts are stated.
The SC lays down The SC lays down
doctrines or doctrines or Decretal portion – controlling part
principles of law principles of law
which constitute which constitute THE SYLLABUS
binding precedent in binding precedent in
a decision duly a decision duly - Work of the reporter who gives
signed by the signed by the understanding of the decision.
members of Court members of Court
and certified by the and certified by the CERTIFICATION
Chief Justice Chief Justice
- Mean to ensure the implementation of the
constitutional requirement that decisions of
Res judica – depends whether a minute resolution of the Supreme Court and lower collegiate
the SC is adjudication on the merits of the petition. courts are reached after consultation with
members of the court sitting en banc or in a
Judgment
division before the case is assigned to a
- Impose proper penalty and civil liability member thereof for decision-writing.

Constitutional Mandate

- Comply with form, procedure and DISSENTING OPINION

substantive requirements.
ROC Civil Procedure
Rendition of judgments and final
orders – personally wrote, and prepared by the
judge
ROC Criminal Procedure
Form and contents of judgments –
must be in official language, must be clear.
- 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.
-

12 | P a g e

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
VALUE AND FUNCTIONS OF DISSENT
- Those who do not concur with the
majority’s 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 – sort of “damage control”
mechanism
PRINCIPLES
*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.
Per Curiam Resolution
- The SC’s 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.
- Majority’s decision amounted to censorship
designed to suppress information regarding
the events taking place away from public
awareness.
Motion for Reconsideration
Purpose: Allow the adjudicator another
opportunity to review the case and to re-examine
the issues, deciding anew a question that was
previously raised
13 | P a g e
Introduction To Law
CONCURRING OPINIONS
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.
RATIO DECIDENDI AND OBITER DICTUM
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
OBITER DICTUM
- Not binding but it can be helpful in
establishing the legal principles in the case under
consideration.
- Dispositive portion; conclusion, orders
something
- Lacks the force of adjudication.
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
AUTHORITIES
- Anything that a court can rely on in
reaching its conclusion
- Legal resources.
1. Constitutions
2. Statutes
3. Regulations
4. Reported Cases
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
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.
MANDATORY AUTHORITY
- Whatever the court must rely on in
reaching its conclusion.
- Primary Authority
OPINION AS MANDATORY AUTHORITY
1. Analogous
2. Written by a court that is superior to the
court
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
same judicial system that is superior to the
court that wrote the opinion
2. Written by the court from another judicial
system
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.
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.

KINDS:
*A prior court opinion that the court is not
required to follow but does so because it
finds the opinion persuasive
*Any secondary authority that the court is
not required to follow but does so because
it finds the secondary authority persuasive

- Non-Authority is:
*Primary or secondary authority that is not
“on point”
*Invalid primary authority
*Book/ Digested case

CATEGORIES:
 Enacted by law
 Intention of the authors
 Does not violate other law

OPINIONS AS PERSUASIVE AUTHORITY

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

14 | P a g e