INTRODUCTION TO LAW (ATTY.

BONOAN)
C.G.MAÑAGO
AUF JD 1B

WHAT IS LAW?
A rule of conduct, just and obligatory, laid down by legitimate authority for common
observance and benefit
Elements:
•Rule of conduct- guides
•Just- to obtain stability of social order
•Obligatory- if laws are not enforced, the purpose of which they are intended will
not be served
•Prescribed by legitimate authority- conferred upon those duly chosen by the
sovereign will of the people
•For the common benefit- the welfare of the people shall be the supreme law
•*Prospective- law always take effect after they have been enacted and
published.

CLASSIFICATION OF LAW
1. Natural Law- derived its authority from divine providence. Binding to whole world
at all times.
a. Physical Law- universal rule of action that governs conduct and
movement of all things that are non-free and material
b. Moral Law- set of rules which establishes what is right and what is wrong
2. Positive Law
a. Divine Law
i. Divine Positive Law- Ten commandments
ii. Divine Human Positive Law- commandments of the church
b. Public Law
i. Constitutional Law- fundamental law of the land
ii. Administrative Law- law which fixes the organization and
determines competence of authorities
iii. International Law- rules which regulates the community of nations
c. Private Law- setting courts in motion
i. Substantive Private Law- rules which declare legal relations of
litigants
ii. Procedural or Adjective- means and methods of setting courts in
motion
SOURCES OF LAW
•Legislation- congress
•Precedent – decisions made by court of competent jurisdiction, serve as guide or
authority
•Custom- have the force of law when they are acknowledged and approved by society
through long and uninterrupted usage
A. Proved as a fact
B. Not contrary to law
C. Repeated acts and uniform
D. Judicial intention to make a rule of social conduct
E. Acknowledged and approved by society
INTRODUCTION TO LAW (ATTY. BONOAN)
C.G.MAÑAGO
AUF JD 1B
•Court Decision- decisions which apply and interpret the Constitution, STARE
DECISIS
LEGAL SYSTEMS
•Roman Law/Civil Law- ritualism and strong religious tenor, New Civil Code is roman
in origin. Modern Laws and Concepts of PFR
•Common Law- case law and books of authority, unwritten law
•Mohammedan Law- derived from Koran and Islamic jurists.
Civil Law v COMMON LAW
COMMON LAW
Main difference: - Primary importance of case
Primary Source of law: past judicial rulings used
Law to decide cases at hand
- Judicial decisions are
binding
Historical roots Tradition that emerged in
England during the Middle
Ages and later applied in their
colonies. Judgments based on
equitable principles and other
sources (including Roman law
and natural law).
Examples United Kingdom
United States
India
Australia
Role of Judges “Referee” or “arbiters”
judges have an active role in
developing rules
CIVIL LAW
- Codified statutes predominate:
codified statutes and ordinances
are the law of the land and
primary source of law and basis
of remedies
- In most cases only legislative
enactments are considered
binding;
- Past judicial rulings more of
loose guidelines;
Developed in continental Europe
and were also later applied to
their colonies. Legal codes in
most of Europe developed over
centuries and can trace their
roots from the Roman Empire.
“Civil Law” is derived from “jus
civile,” the law applicable to all
citizens or “cive.”
Spain
France
Germany
Japan
More widespread around the
world (about 150 countries)
“Investigator”
rulings based on fixed codes and
statutes
INTRODUCTION TO LAW (ATTY. BONOAN)
C.G.MAÑAGO
AUF JD 1B
COMMON LAW CIVIL LAW
Role of Lawyers More active: in court Less active: preparing pleadings
presentation and oral and briefs
argumentation

Court Adversarial Inquisitorial

proceedings

Flexibility Deemed to be more flexible Seen as more prescriptive and

and better in adapting to even rigid since it takes more
circumstances time for parliament/congress to
pass legislation to apply to
different circumstances
Constitution Does not always have a Always has a written Constitution
written constitution
Freedom to Extensive freedom More limited with codal
contract provisions implied into contracts
Generally permitted if not and may not enter into contracts
explicitly prohibited irreconcilable with certain
provisions
*Court system Courts may be of general Courts specific to the underlying
jurisdiction codes: usually separate
constitutional court,
administrative court and civil
court systems that rule
consistent with particular
legislation and administrative
acts and interpret those specific
codes;
INTRODUCTION TO LAW (ATTY. BONOAN)
C.G.MAÑAGO
AUF JD 1B
HISTORY OF SUPREME COURT OF THE PHILIPPINES

Pre-Spanish
• Customs, usage, tradition. Mostly unwritten laws and passed by oral tradition
Legal System

Early Spanish
• Real Audencia de Manila - legislative, executive, administrative
Occupation

• Audencia Territorial de Manila and Audencia Territorial de Cebu

1886

• military government with judicial system as an instrument of the

Early American
Occupation executive

•proposed colonial self-government with independent judiciary. Judges chosen from qualified locals and Americans
May •Gen. Order No. 20 reestablished the Audencia Territorial de Manila to apply Spanish laws and jurisprudence,
Appointment of Cayetano Arellano, et al (FIRST AGENCY OF FILIPINO-AMERICAN)
1899

June •law establishing the Supreme Court of the Philippines, Courts of First Instance and Justice of the Peace, 1 Chief Justice and 6
Judges. Replaced the abolished Audencia
11,
1901

Common •1935 Constitution set out separation of powers: Executive, Legislative, Judicial. Judicial power vested in one SC and inferior court
as may be established by law, 1935: 1 CJ and 10 Associate Justices. Sit en banc or 2 divisions
wealth
Period

Supreme
Court of •Judiciary Act of 1948 identified cases where SC exercises exclusive JD, review on appeal, certiorari
the 2nd
Republic

1973
•legality of the constitution, martial law, bill of rights, etc., SC one CJ and 14 Associate Justices
Constituti appointed by President alone
on

1986
Revolutiona
•all appointive officials deemed resigned. Reorganization of judiciary and appointed 15 SC members
ry
Government

1986 Freedom
• provisions of 1973 Consti on judiciary adopted
Constitution

•Safeguards to ensure independence of the judiciary

•- fiscal independence, appointment, security of tenure, impeachment(?), discipline of judges Supreme Court one CJ and 14 AJ. Sit
1987
Constitution
en banc or 3 divisions, established the Judicial and Bar Council
INTRODUCTION TO LAW (ATTY. BONOAN)
C.G.MAÑAGO
AUF JD 1B

CLASSIFICATION OF COURTS
•Regular Courts- courts authorized to engage in the general administration of justice.
These courts derive their powers from the Philippine Constitution, which is the
fundamental law of the land. At the apex of the courts lumped within this classification
is the Philippine Supreme Court.
•Special Courts- tribunals that have limited jurisdiction over certain types of cases or
controversies. While special courts have judicial powers just like the regular courts, the
scope of the controversies that special courts can hear are limited only to those that are
specifically provided in the special law creating such special courts
•Quasi-judicial agencies- administrative agencies to exercise adjudicatory powers in
certain types of controversies, particularly if the same would facilitate the attainment of
the objectives for which the administrative agency had been created.

HIERARCHY AND JURISDICTION OF COURTS

•Regular Courts
1.Supreme Court [SC]- apex
2.Court of Appeals [CA]
3.Regional Trial Courts [RTCs]
4.Metropolitan Trial Courts [MTCs], the Municipal Trial Courts in Cities (or
Municipalities) [MTCCs], and Municipal Circuit Trial Courts [MCTCs]. -These
are basically trial courts. Dictated principally by geography more than anything
else

•Special Courts- tribunals that have limited jurisdiction over specific types of
controversies.
•Court of Tax Appeals- composed of three (3) judges, the CTA is vested
with the jurisdiction to review on appeal decisions of the Commissioner of Customs
and the Commissioner of Customs in tax and/or tax-related cases
•Sandiganbayan- jurisdiction to try and decide criminal cases involving violations
of Republic Act No. 1039 (Anti-Graft & Corrupt Practices Act), Republic Act No. 1379
•Shari’a Courts- limited jurisdiction over the settlement of issues, controversies
or disputes pertaining to the civil relations between and among Muslim Filipinos

HIERARCHY AND JURISDICTION OF COURTS

•Quasi-Judicial Courts- agencies can exercise powers of adjudication solely if there is
legal basis for the exercise of such powers
• Constitutional Bodies: CSC, COMELEC, COA
• Non-Constitutional Bodies: NLRC, HLURB, etc.
INTRODUCTION TO LAW (ATTY. BONOAN)
C.G.MAÑAGO
AUF JD 1B

Petition for certiorari. — When any tribunal, board or officer exercising judicial or quasi-
judicial functions has acted without or in excess its or his jurisdiction, or with grave abuse
of discretion amounting to lack or excess of jurisdiction, and there is no appeal, or
any plain, speedy, and adequate remedy in the ordinary course of law, a person
aggrieved thereby may file a verified petition in the proper court, alleging the facts with
certainty and praying that judgment be rendered annulling or modifying the proceedings
INTRODUCTION TO LAW (ATTY. BONOAN)
C.G.MAÑAGO
AUF JD 1B
of such tribunal, board or officer, and granting such incidental reliefs as law and justice
may require.

Petition for review. — The appeal to the Court of Appeals in cases decided by the
Regional Trial Court in the exercise of its appellate jurisdiction shall be by petition for
review.

Appeal by certiorari. — In all cases where only questions of law are raised or involved,
the appeal shall be to the Supreme Court by petition for review on certiorari.