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LLAW 112


Introduction to Law
Legislative
• Civil Law System: codified/enacted
WHAT IS LAW? • Constitution: adopted by the people
- A rule of conduct or action prescribed • Statutes: the people through
or formally recognized as binding or legislative bodies
enforced by a controlling authority
- Case Law/Common Law
- Must be obeyed and followed by • Judiciary
citizens subject to sanctions or legal • Decisions of the Supreme Court
consequences • Stare Decisis: “Let the decision stand”
- Law in its rural and generic sense refers • Doctrine of Precedent: Past decisions
to the whole body or system of law guide the determination of current
- A rule of conduct formulates and made disputes
obligatory by legitimate power of the • Also known as jurisprudence
state
- Administrative Law
- Characteristics of Law • Executive
• Rule of conduct • Executive in nature: by the President
and by government regulatory
• Promulgated by competent authority
agencies
• Just and obligatory
• For common observance and benefit
• Has sanctions and penalties PURPOSE OF THE LAW
- Establish Standards that allow
PRINCIPLE SOURCES OF LAW individuals to interact with the greatest
- Primary/Direct efficiency and the least amount of
conflict
• Legislation or statute
- Provides a mechanism for a resolution
• Codification of laws
- Functions
• Expressed according to the form
necessary to constitute it a law of the • Keeps the peace
state, and rendered authentic by • Shapes moral standards
certain prescribed forms and • Promotes social justice
solemnities • Maintains status quo
• Primary and direct source of law in • Facilitates orderly change
the Philippines • Facilitates planning
- Secondary/Indirect • Provides basis for compromise
• Customary Law: practice of the • Maximizes individual freedom
people that has acquired the force of
law PRECEDENCE AND HIERARCHY OF
• Case Law/Precedents: decisions of LAWS
courts of last resort, serve as a guide - 1987 Constitution: Supreme Law
for future consideration as faith of - Statutes: created by Congress;
their correctness authority derived from 1987
• Interpretation of laws Constitution and cannot be contrary to
• Still part of the legal system the constitution
- Implementing Rules and Regulations:
CLASSIFICATION OF LAW written by government agencies in the
- Statutory/Codified/Enacted Executive to put the statue into force
- Court Decisions

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there is no law governing a topic



CIVIL LAW SYSTEM
- In ancient Rome, jus civile (civil law) was JURISPRUDENCE
used to distinguish proper or ancient - A study of law and the principles on
law of Rome VS. jus gentium (common which it is based
law) or the law thought to be common - Civil law judgments are written in more
to all the people comprising the Roman formalistic style
world developed by praetors - Civil Law Decisions
(magistrates) and jurists • First identify the legal principles that
- So, Roman Emperor Justinian I might be relevant
commissioned a comprehensive code • Verify if the facts support their
of laws = CORPUS JURIS CIVILIS (“Body application
of Civil Law”) to set forth the laws of the
Roman Empire CLASSIFICATION OF LAW
- Philippine Legal System - Spanish Legal - Statutory Law vs Case Law
System - French Napoleonic • Statute: in the form of legislation by
Codification System congress
• Case Law: in the course of judicial
COMMON LAW SYSTEM decisions
- Body of law derived and developed - Private Law vs Public Law
through judicial decisions • Private Law: governs individual
- Followed the rule of a Sovereign King as citizens in the private sphere
the central sovereign power, hence the - EX: Civil Law
development of equity • Public Law: governs relationship
- Referred to this as “common law” between the state and the 

because it was applied equally all people
throughout - EX: Criminal Law
- System of following similar previous - Substantive Law vs Procedural Law
cases as the most equitable way of • Substantive Law: law/legal standard
resolving disputes that creates and resolves 

- 2 Doctrines: Precedent, and Stare issues; creates, defines, and
Decisis regulates rights
• Procedural Law: a method of
PHILIPPINE LEGAL SYSTEM: A HYBRID enforcing rights or obtaining 

- A combination of Spanish and redress
American Legal Systems
- American Occupation EFFECTIVITY OF LAWS
• Respected the civil laws of the - Laws shall take effect after fifteen days
Philippines following the completion of their
• Incorporated common law system publication either in the Official Gazette
• Art. 8. Judicial decisions applying or or in a newspaper of general circulation
interpreting the laws or the - Tañada v Tuvera
Constitution shall form a part of the • It is enough that it is published for
legal system of the Philippines the dissemination of local news and
• Under a PURE common law system, a general information
“law” is created by the courts when

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• Need not have the largest circulation • Constitution, Statutes, Court


so long as it is of general circulation Decisions, Administrative Rules
• Without publication, law does not • Statutes passed by legislature,
become effective as it violates due administrative rulings and court
process decisions
• Recorded laws and rules that will be

Legal Research
enforced by the State
• Binding and authoritative
- Process of finding the laws, rules, and - Secondary Sources
regulations that govern activities in • Can help analyze a problem and
human society provide research references to
- Locating both the laws and rules which primary sources and secondary
are enforced and the commentaries materials
which explain or analyze these rules • Discuss or analyze legal doctrines
- Investigation for information necessary • Usually annotations or
for legal decision making (facts – issue commentaries
– ruling) • Persuasive, and reference authorities
- Begins with analyzing the facts of a • EX: treatises, commentaries, and
problem and concludes with applying encyclopedias
and communicating the results of the - Finding Tools
investigation • A means for lacking primary sources
• Has no authority
NEED FOR LEGAL RESEARCH • EX: SCRA Quick Index Digest, CD Asia,
- To provide competent legal PHILJURIS
representation which requires the legal
knowledge, skill, thoroughness and LEGAL RESEARCH PROCESS
preparation reasonably necessary for - Always ends to answer the question
the representation “Whether or not”
• Working knowledge of legal rules - Identify and analyze the significant
and the institution that makes up the facts
legal system • Begins with compiling a descriptive
• Fundamental tools of legal research statement of legally significant facts
• Devising & Implementing a coherent • Factual analysis leads to formulating
and effective research design the legal issue that will be
- Uphold the standards of the legal researched
profession • The investigation and inquiry stage
- The sources if legal research may be • TARP Rule: technique to analyze your
printed or electronic sources facts
- Thing or subject matter
SOURCES OF LAW - Cause of action
- May be printed or electronic sources - Relief sought
- Persons or parties involved
• Electronic sources improved speed
and effectivity
- Formulate the legal issue/s to be
- Varies by degree of authority presented
- Primary Sources

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• Initial intellectual activity that • Congress passes new statutes and


presumes some knowledge of the modify old ones
substantive law • Supreme Court either refines the law
• To classify and categorize the or reaffirms the law or even changes
problem into general and the interpretation of the law
increasingly specific subject areas to

Legal Bibliography
begin to hypothesize legal issues
• Consult general secondary sources
for an overview of all relevant subject BIBLIOGRAPHY VS LEGAL
areas
BIBLIOGRAPHY
- They are tools and not the object
- Bibliography: list of descriptions of
of research
published materials either relating to a
- Research the issue presented
given subject or author
• Organize and Plan: Write down all
• Literature bearing on a particular
sources to be searched under each
subject or field of law
issue to be researched, even if
- Legal Bibliography: science or the study
sources are repeated
of law books
• Identify, Read and Update All
• Authors, publishers, dates, editions,
Relevant Constitutional Provisions,
and degree of authoritativeness
Statutes and Administrative
Regulations
- Statutory Compilations: tables of LEGAL RESEARCH VS LEGAL
contents and indexes that list
 BIBLIOGRAPHY
the subject and topics covered by - Legal Research: the method or system
the statutes of inquiry and investigation involving
- Computer-Assisted Legal Research the actual use of the law books
(PHILJURIS/LEX LIBRIS) • Inquiry and investigation necessary
- Secondary Sources: treaties and to be made by lawyers and legal
commentaries and law review writers in the performance of their
articles, commonly cite relevant functions
constitutional provisions, statues, • Object is to establish propositions of
and administrative regulations law
- Refine the Search: expand your - Legal Bibliography: study of the
arguments materials essential to the inquiry of the
• Do not limit your search to cases the researcher
support your position, anticipate - One who is conducting legal research
both sides of an argument and must have the knowledge of legal
identify the cases that indicate bibliography
contrary conclusions - To provide legal basis for a claim, one
- Update must present for consideration the
• To determine whether the authority which must be applied, and
authorities have been interpreted or which the court is bound to apply
altered in any way, or whether new
cases, statutes or regulations have
been published

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IMPORTANCE AND AIM OF LEGAL useful exercise for the benefit of the
BIBLIOGRAPHY people
- Analyze the legal question to answer/
solve the legal problem or issue HISTORY OF THE PHILIPPINE
- Gives the investigator that sense of CONSTITUTION
assurance and confident in the - Spanish period
successful preparation and prosecution • Philippines was governed by special
- “Law is a science but practice is an art” laws
- To convince the court requires the • No constitution because it would
citation of authority make Filipinos equal in the eyes of
the law
- Treaty of Paris
Statutory Law • Spain sold the Philippines to the
- All codified and enacted United States for $20 million
- Hierarchy of authority • Marked the commencement of
• The 1987 Constitution: expression of constitutionalism in the country
sovereign will and independence - Malolos Constitution
• Treaties and international • Made by the Filipino revolutionaries
agreements • Copied from the Spanish
• Statutes enacted by the Legislature Constitution
• Administrative rules and regulations • Was not put into effect
• Ordinances enacted by the - American Period
Autonomous regions: CAR, BARMM • Organic laws from the US
• Ordinances enacted by local - Result of the Philippines under
government units: councilor sand direct control of the US and
board members treated as a federal state
- Takes place of a constitution as the
THE PHILIPPINE CONSTITUTION fundamental law of the local
- Law of the highest authoritativeness government
and obligation • McKinley’s Instructions
- Supreme law of the land
- Establishment of courts and
- Ultimate authority to which reference government
must be made to determine validity of
- Philippine Commission:
other statutes unicameral legislative body
- The fundamental law or supreme law • Spooner Amendment
of the land promulgated by the people.
- Form of a rider to the Army
A law, to which all other laws must Appropriations Bill (Annual law for
conform expenditure)
- The written instrument by which the
- Established a civil government
fundamental powers of the
- Ended military government
government are established, limited • The Philippine Bill 1902
and defined and by which these
- Provide for the administration of
powers are distributed among the civil government
several departments for their safe and
- Extended to the Philippines the Bill
of Rights of the US Constitution
• The Philippine Autonomy Act 1916

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- Chief organic act • Preamble, National Territory,


- Bicameral Legislature: Senate (by Declaration of Principles and State
district) and House of Policies, Bill of Rights, Citizenship,
Representatives Suffrage, Legislative Department,
- President: Manuel L. Quezon Executive Department, Judicial
- Speaker of the House: Sergio Department, Constitutional
Osmeña Commissions (COA, CSC, COMELEC),
- Commonwealth Period Local Government, Accountability of
• Tydings-McDuffie Law 1934 Public Officers, National Economy
- Relinquishment of American and Patrimony, Social Justice and
Sovereignty over the Philippines Human Rights, Education Science
• 10 year transition and Technology Arts Culture and
• All Filipino government Sports, The Family, General
• 1935 Constitution Provisions, Amendments (change
- Had a Preamble, National detail or legal basis) and Revisions
Territory, Bill of Rights, Form & (change something fundamental),
Structure of Government Transitory Provisions
- Unicameral Legislative Body:
National Assembly TREATIES AND INTERNATIONAL
- Patterned after the American AGREEMENT
Constitution - Has the force of a statute/law
- Japanese Occupation - Pact between 2 countries or more with
• 1943 Constitution a view to the public welfare
- Through Jose P. Laurel - An agreement between or among
- Removal of rights (Habeas Corpus, states which generally governs their
Bill of Rights) mutual conduct with one another
- Mac Arthur 1944: the 1943 - Ratification is done by the Senate
Constitution is declared null & void - Must not be against the Constitution
because it is not an expression of • Treated as special laws (special law
Philippine sovereignty over general law)
- Period after Philippine Independence • Authority is the one later in time
• Martial Law Declaration - Whenever the Philippines enters into a
- September 21, 1972 treaty and is in violation of republic
- Constitutional Convention acts, the government must make
• 1973 Constitution amendments as stated in international
- Javellana v Executive Secretary law
- Supreme Court rules as ratified - Bilateral Treaty: between 2 countries
• Provisional/Freedom Constitution (EX: JAPEPA)
1986 - Multilateral Treaty: between 3 countries
- Revolutionary Government or more (EX: UN Charter, Paris
- Proclamation No. 1: taking power Agreement
in the name of the people and by
the will of the Filipino people
STATUTES ENACTED BY LEGISLATURE
(extra constitutional & extra-legal) - Advantages: clear, definitive, and
- Suspended the 1973 Constitution
formal (deliberative process)
- 1987 Constitution

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- Codification: systematic and logical - Chairman of Committee: sponsor/


compilation of all the statues on a defendant of the bill
certain subject of law - Primary author: First to file
• Makes it binding • Third Reading
- Article VI, 1987 Constitution: legislative - Printed copies are distributed
power in vested in the Congress (24 - The bill is voted on
Senators, 300 Representatives) • In case of conflicting provisions, the
• Voted by legislative district Bicameral Conference Committee is
• Party list system constituted to reconcile differences
• Practicable, contiguous, compact, • Bill becomes Law by
and adjacent territory - Approved and signed by the
• Population of at least 250k President
• At least one representative - Rejected/vetoed by President and
• Census every three years may be overrides by congress if
- Types of Legislation 2/3 of each house agrees to pass
• Constitution the bill
• Statues - Inaction: bill lapses into law after
• Administrative rules 30 days
• Ordinances
- Form of Statues: every bill has to have CONSTRUCTION
only one subject expressed in the title - Process of construing the meaning of
to prevent log-rolling legislation the law
• The title must indicate in broad but - General Rule: plain meaning
clear terms in nature, scope and • Don’t resort to external, extrinsic aids
consequences of the proposed law - Resort to using extrinsic aids if the
and its operation result would be cruel, monstrous,
absurd, impractical, unjust, or
ENACTMENT OF STATUTES unreasonable
• 3 readings in separate days - Use of extrinsic aids to find out intent
- Except when the President certifies by purpose interpretation by looking at
the bill as urgent legislative history
• At least 3 days before the passage,
printed copies should be distributed HISTORY OF PHILIPPINE
• If the president certifies the bill as LEGISLATION
urgent, the 2nd and 3rd reading can - Pre Spanish Period
be on the same day • Already had a system of law and
• First Reading order
- Title is read by Secretary General • Umalahokan: announcing new rules
or Senate Secretary & promulgations made by chieftain
- It is then given to the appropriate • Maragtas and Kalantao Code
committee • Concept of a Penal Code
- Invite experts to talk about the bill - Spanish Period
- Committee submits substitute bill • Influence of Romans in the Spanish
• Second Reading legal system
- Substitute bill is filed • Code of Euric & Brevarium of Alaric:
- Legislative debate/interpolate first process of codification

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• Fuero Juzgo & Fuero Real: dealing - Commonwealth Period


with matters of both the people and • 1935 Constitution
the government (judicial procedures), • Enactment of 733 statutes published
and the affairs of men as Public Laws of the Commonwealth
• Las Siete Partidas: separation of laws - Patterned after Public Laws of the
for organization American Period
- 1st: natural law - Japanese Period
- 2nd: political/public law - Period after Independence
- 3rd: judicial law • Start of Republic Acts
- 4th: civil law • Bicameral Congress
- 5th: obligations & contracts - Martial Law Period
- 6th: succession law • 2,036 Presidential Decrees
- 7th: penal laws (to penalize or - Lack of check and balance
criminalize needs to either have a • unicameral Congress
fine or imprisonment) - Aquino’s Revolutionary Government
• Leyes de Toro, Nueva Recopilacion, & • 302 Executive Orders
Novisma Recopilacion: shows the - 1987 Constitution
dynamism of the law • Restored Bicameral Congress
- Modern Spanish Period
• Codigo de Comercio, Codigo Penal, *Publications on Philippine Statutes, In
The Codes of Civil and Criminal General: prima face evidence of its
Procedure, & Codigo Civil: Seen until authenticity
now in the Philippine system of law
• Legislation in the colonies: genesis of *Spanish gave the Philippines
law, evolution of law interpersonal relations law and the
• Materials on the Spanish laws Americans gave the system of
- Had the concept of Gazette and government
Bulletin
- Secondary Materials: Manresa, ADMINISTRATIVE RULES &
Castan Tobenas REGULATIONS
- To see the intent behind laws, - Implementation rules of laws
wisdom (the why) of the law • HRR of the government
- Philippine Revolution • Personel arm of the government
• Malolos Congress
• Never took into effect due to ORDINANCES ENACTED BY
American occupation
AUTONOMOUS REGION
- American Period
- For CAR and Muslim Mindanao
• Assembled and compiled repository - Legislative assemblies of these
rules and administration
autonomous regions enact ordinances
• System of Justice and System of
to govern the region and may create
Government
administrative agencies to operate in
• Repositories: Public Laws, Philippine
the regions
Permanent and General Statutes,
Compilation of Laws and Regulations
Relating to Public Lands in the
Philippine Islands

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ORDINANCES ENACTED BY LOCAL HISTORY OF PHILIPPINE JUDICIAL


GOVERNMENT UNITS SYSTEM
- Govern the welfare of the people - Pre Spanish Period
- Only an adjacent power to the congress • Chieftain as the judge and Barangay
- Created by councilors and board Elders as the jury
members of the local government • Value to the truth at that time
- It’s basis is the police power of the state • The person with more witnesses is
as delegated to the LGU’s adjudges as the winner
• Proof that there is already a

Case Law
communal justice system before the
Spanish colonization
- The decisions, interpretations made by • No sources cited in the book
judges while deciding on the legal - Spanish Period
issues before them which are • Body of laws to govern the conduct
considered as the common law or as of the people
an aid for interpretation of a law in • Judicial System: mechanism for the
subsequent cases with similar adjudication of disputes
conditions. Case laws are used by • Law enforcement agencies: uphold
advocates to support their views to and enforce the law & court
favor their clients and also it influences decisions
the decision of the judges • Prison system: public punishment
- It comes from judicial authorities of the • Legal Profession: advocated of
state and is the 2nd major category of individuals in protecting their rights
primary sources of law • Spanish Laws
- Classes - Laws of general application
• Decisions Proper (Judicial): SC, CA, (Spanish law extended to the
Sandiganbayan, CTA, RTC, MTC, MeTC Philippines)
• Subordinate Decision (Quasi-Judicial): - Council of Indies
SET, HRET (Election Controversies), - Laws & Regulations promulgated
Constitutional Commissions by Spanish authorities
(COMELEC, CSC, COA), Administrative • Structure (Hierarchy of Courts)
Agencies (IC, HLURB, DARAB, NLRC) - The Crown - Council of Indies -
- Implied: virtue of their functions Real Audencia - Alcaldes-Mayores -
- Expressed: granted by law Gobernadorcillos
- Decision: Judgment, decree, or - Similar to the Philippine Judicial
determination (conclusion) of findings System today
of fact and/or of law by a judge, • Special Courts (Jurisdiction):
arbitrator, court, governmental agency, Ecclesiastical, Army & Navy, treasury,
or other official tribunal (court) Commercial, Contentious, Probate
- Why is the Supreme Court the court of (Wills and Succession)
last resort? - American Period
• All legal issues must end at some • First Court: Military Court
point • Move to a Civil Court
• The law is what the supreme court • No Jury System
says it is - The Philippines had a foundation
of a Civil Law system

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- Americans saw parts of the - Portion of the report that carries


archipelago as uncivilized authority
- Statement of facts
JUDICIAL SYSTEM AT PRESENT - Abstracts of briefs of counsels
- All courts are courts of both law and (Arguments)
equity and have jurisdiction over all - Opinion of the court
civil, criminal, and probate cases - Dispositive portion (decision) of the
- Trial Courts of Limited Jurisdiction case
• Metropolitan Municipal & Municipal - Separate Dissenting or Concurring
Circuit Courts Opinion of Justices
• Jurisdiction limited to civil suits
involving relatively smaller amounts DOCTRINE OF PRECEDENT
of money and minor violations of the - Decided Case
criminal laws • An authoritative settlement of the
• Do not call them “inferior courts”, particular controversy before it
instead say first-tier trail courts • As a precedent for future cases
- Trial Courts of General Jurisdiction - Stare decisis, Et no quita movere: What
• Involves a higher amount of money has been settled must not be disturbed
or a potential criminal sentence - Res Judicata
• Known as the Regional Trial Courts • A particular manner finally decided,
• Also have the Shari’a Courts with or settled by judgement, on its
jurisdiction over Muslim Mindanao merits by a court having competent
- Intermediate Appellate Court jurisdiction and not subject to 

• A unanimous vote shall be necessary litigation again
for a decision • Conclusive as to the rights of the
• Court of Appeals parties and their privies
• Generally has exclusive appellate • Constitutes an absolute bar to
jurisdiction over the decisions of the subsequent actions involving the
regional trial Court and other quasi- same claim, demand or cause of
judicial agencies action
• Special Appellate Courts: • Requisites
Sandiganbayan, Court of Tax Appeals - The former judgment must be
- Court of Last Resort final
• Supreme Court - The court that rendered it had
• Determines with finality what the law jurisdiction over the subject matter
is and should be and the parties
• Power to review on appeal final - It is a judgment on the merits
judgements and order of lower (rendered after consideration of
courts evidence and stipulations)
- There is — between the first and
PARTS OF A DECISION the second actions — an identity
- Title (indicating the names of the of parties, subject matter and
parties) cause of action
- Syllabus (summary of important points
of decision)

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LAW OF THE CASE reverse, set aside the lower court’s


- The doctrine that “when a court judgment
decides upon a rule of law, that - Overruling: one of the past decisions of
decision should continue to govern the the Supreme court
same issue in subsequent stages in the 
 • The conclusiveness of that earlier
same case.” decision as a settlement of its
- The doctrine is one of policy only particular controversy is not affected,
- Disregarded when compelling but the overruled decision is no
circumstances require a longer an authoritative precedent for
redetermination of the point of law other cases that may arise in the
decided on the prior appeal future
- When an intervening or
contemporaneous change in the law RATIO DECIDENDI VS. OBITER
has transpired by the establishment of DICTUM
new precedent by a controlling - Ratio Decidendi: The holding of the
authority or the overruling of former principle of law on which a case was
decisions decided; sets precedent & binding on
courts in the future
STARE DECISIS - Obiter Dictum: the language in a
- The principle that the decisions of a decision that is not necessary to the
court are a binding authority on the decision
court that issued the decisions and on
the lower courts for the disposition of BINDING VS. PERSUASIVE
factually similar controversies - Binding: also called mandatory; when it
- “Adherence to precedents,” states that comes from the decisions of Supreme
once a case has been decided one way, Court and it is the ratio decidendi of
then another case, involving exactly the the case
same point at issue, should 
 - Persuasive: if the dicta comes from a
be decided in the same manner respected justice, it may be persuasive
- Vertical (Obligation or applies to the Court. Persuasive authority can
precedent from a higher court) vs come from decisions of appellate
Horizontal (policy or from the same courts in other jurisdictions
court) - 

- The Supreme Court is not bound by
this doctrine because it can overturn
precedents

REVERSAL VS. OVERRULING


- Reversal: has reference to the action of
the Supreme Court on a lower court
judgments in the same particular
controversy
• Supreme court reviews the judgment
of the lower court in a case and
concludes the lower court reached
an erroneous result in the case, it will

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