INTRODUCTION TO LAW qualifications (may be

REVIEWER withheld from someone who

was admitted to the bar)
I. The Practice of Law
a. Nature – practice of law is a
- Any activity, in or out of the
profession not a business in
court which requires the
which the duty to public
application of law, legal
service is the primary
procedure, knowledge,
consideration and not
training and experience. To
money/livelihood.
engage in the practice of law
- Lawyering is not primarily
is to give notice or render any
meant to be a money-making
kind of service, which or
venture, and law advocacy is
devise or service requires the
not a capital that necessarily
use in any degree of legal
yields profits. The gaining of
knowledge or skill (Cayetano
livelihood is not a
v. Monsod)
professional but a secondary
- Legal Ethics: branch of moral
consideration. Duty to public
science which treats of the
service and to the
duties an attorney owes to the
administration of justice
court, to the client, to his
should be the primary
colleagues in the profession,
consideration of lawyers,
and to the public as embodied
who must subordinate their
in the Constitution (Rules of
personal interests or what
Court, Code of Professional
they owe to themselves
Responsibility, Canons of
(Burbe v. Magulta).
Professional Ethics,
b. As distinguished from a
jurisprudence, moral laws
business – the practice of law
and special laws)
is a noble calling in which
- Lawyer: an officer of the
emolument is a byproduct,
court
and the highest eminence
- It is a privilege granted only
may be attained without
to those who possess the
making much money. (Burbe
STRICT INTELLECTUAL
v. Magulta)
and MORAL
- Even if a lawyer does not
QUALIFICATIONS required
make much money, he’s
of lawyers who are
successful. It depends on his
instruments in the effective
effectivity as a lawyer. (Leni
and efficient administration
Robredo)
of justice.
c. Qualifications
- The right to practice law isn’t
- Any person duly admitted as
a natural/constitutional right,
a member of the bar,
but it’s a privilege. It’s
admitted in accordance with
limited to persons of good
the provisions of this rule; in
moral character and special
1
 good and regular standing given the benefit of
(Rule 138, Sec 1 of RC) the doubt of
d. Requirements innocence unless
convicted already
 For admission to the which would allow
bar: you take the bar for
 Citizens of the PH the meanwhile)
 At least 21 years of  Complied with the
age (high school and academic
college degree) requirements (Sec. 5
 Of good moral and 6, Rule 138)
character (maintain a
good and regular
Of good moral character – a continuing
standing)
requirement; good moral character is not
 Resident of the PH only a condition precedent for admission to
 Produce satisfactory the legal profession, but it must also remain
evidence before the intact in order to maintain one’s good
SC of good moral standing in that exclusive and honored
character (certificate fraternity (Tapucar v. Tapucar)
of good moral
character signed by 3  Morality as a requirement to the
friends na lawyers – admission to the practice of law
stating that you’re in - When you apply for the
possession of good opportunity to take the BE,
moral character; given applicants place their
that these lawyer character at issue. Therefore,
friends do not the applicant is burden with
indiscriminate the proving good moral
signing or must be character.
weary in signing and - Requirement not only during
the person to be the admission, but also
qualified must not be during practice. Covers not
tolerated; certificate only the acts during the acts
of no moral of being a lawyer, but also to
derogatory record those acts prior to being a
from the law school) lawyer.
 No charges against - In the matter of Donald
him, involving moral Matthews for admission to
turpitude, have been the Bar of New Jersey, it was
filed or are pending in provided that the requirement
any court in the PH of those aspiring to be lawyer
(different from must be of good moral
conviction; you’re

2
 character is universally
accepted.
- Good moral character has
been the unquestioned,
historic prerequisite of fitness
- In the case of Olga Samson v.
Judge Virgilio Caballero, it
was resolved that good moral
character is more important
than possession of legal
learning.
- Good moral character >
possession of legal learning
- If an applicant is convicted,
does that mean that he/she is
disqualified to be a lawyer? –
In jurisprudence, although a
prior conviction is not
conclusive of a lack of
present good moral character,
it adds to his burden of
establishing present good
character by requiring
convincing proof of his full
and complete rehabilitation
(case of Inre James Joseph
Ham). Although there’s
conviction, it doesn’t mean
you’re disqualified of being a
lawyer. You have more
burden to establish your
present good moral character
by establishing rehabilitation.
- In the matter of the
application of Alejandro
Laztano (applicant SC,
Arizona and Bank in 2010),
rehabilitation was found to
have the following
requirements:
o Accepted
responsibility for his
past criminal conduct
o Identified and
overcome the
weakness that led to
unlawful conduct
- These are taken from the
American jurisprudence
(most of the cases in law
school are taken from
American jurisprudence). It is
because our Bill of Rights is
patterned with American
Consti on Bill of Rights.
There are doctrines laid down
by the US that we adopt.
- Case of Tarra Denelle
Simmons: She grew up in an
environment filled with
crimes. She was the victim of
many acts of sexual violence.
She experienced also
homelessness when she ran
away at the age of 13. As a
juvenile, she was adjudicated
for theft also second degree
assault. She was also a drug
addict. Because of her
criminal record, her nursing
license was put on probation.
She was in jail for 3 years
and experienced bankruptcy.
She was also found to be in
possession of controlled drug
substances and illegal
firearms. However, she began
to engage in treatment for her
trauma and addiction. Since
then, she has changed her life
to a remarkable degree both
in terms of the efforts and the
positive results she achieved.
She expressed sincere
remorse for her past and
made amendments and
3
 worked diligently to serve her unwavering dedication to
community. She became an earning and maintaining the
advocate of those convicted respect of profession. The
for their rights to be judges didn’t adopt time
reintegrated into the society. period as evidence of
She also attended the Seattle complete rehabilitation (coz
University School of Law. it’s a case-to-case basis). Her
Graduated as a Magna Cum success in law school amply
Laude. Even her professors demonstrates worthy
and classmates attested expresses that she is worthy
Simmons as substantial asset to sit in the bar. She
of the law school community overcame her past and her
(crème of the crop). She has successes further prove that
consistently manifested she surpassed her weakness.
ethical behavior in her legal - KEY TAKEAWAYS: A
internships during her years license to practice of law is a
in law school. She also took privilege. One’s past doesn’t
volunteer and advocacy dictate one’s future.
work. When she filed a
Academic requirements (a bachelor’s degree
petition to take the bar, she
in arts or sciences and a completed course in
wasn’t automatically allowed.
law school; you have completed the courses
It was submitted for further
in law school or a university duly recognized
reconsideration.
by the Secretary of Education in the PH;
- ISSUE: Whether Simmons
completed your pre-law & completed at
has shown by clear and
least 18 units in social sciences, 18 units in
convincing evidence that she
English, at least 6 units in Mathematics;
is currently of good moral
completed the 4-year high school course):
character and possesses the
prerequisite fitness to practice  Civil law
law notwithstanding her  Commercial law
previous criminal convictions  Remedial
- RULING: Simmons has  Public international
shown by clear and  Private international
convincing evidence that she
 Political law
is of present good moral
 Labor and social legislation
character and she is fit to
 Medical jurisprudence
practice law. Simmons has
spent enough time in  Taxation
recovery and she accepts full  Legal ethics
responsibility for her prior
conduct. She has consistently In March 2010, the SC amended the
demonstrated remorse, self- Rule 138 of the Rules of Court by
awareness, fortitude, and allowing Filipino citizens who have

4
 studied law in a foreign country to
take the PH Bar upon compliance
with the following requirements:
1. Completed all the courses
leading to a degree of
Bachelor of Law or its
equivalent
2. Recognition and accreditation
of the law school by the
proper authority
3. Completed all the fourth-year
subjects in a law school duly
accredited by the PH
government
4. Proof of completing a
separate bachelor’s degree
 ALL APPLICATIONS FOR BAR
ADMISSION must be filed with the
SC through the Office of the Bar
Confidant. Applicants’ degrees,
including high school, college, and
law school, must be from officially
approved and recognized schools, as
authorized by the Secretary of
Education.
e. Admission formalities
i. Passing the Bar Exam
– written in English
and only occurs once
a year; bar examinees
must endure four
painstakingly long
tests during the month
of November
(subjects – Political
Law, Remedial Law,
Labor Law, Taxation,
Mercantile Law, Civil
Law, Legal Ethics,
Criminal Law, and
Practical Exercises);
results are usually
released in March or
April of the following
year. Bar examinees
must obtain a general
average of 75% in all
bar subjects (unless
the SC En Banc
agrees to lower the
passing rate for a
particular year)& no
grade can be below
50% in any particular
subject.
ii. The Lawyer’s Oath –
render public service
and serve ends of
justice; an oath is an
attestation and a
pledge to take on the
duties and
responsibilities proper
of a lawyer. This is
stated under Sec. 17,
Rule 138 of the Rules
of Court. It is not just
about making
promises to do your
duty as a lawyer, but
to perform them
faithfully and
truthfully.
iii. Signing the Roll of
Attorneys – the
official list of persons
authorized to practice
law in the country;
last of the 4 steps
(finishing a law
degree, passing the
bar, taking the
lawyer’s oath) to be
5
 accomplished by new
lawyers to enable
them to practice their
profession
Upon passing the Bar Exam, taking an oath,
and signing their name in the Roll of
Attorneys, applicants become full-pledged
PH attorneys.
 Sec. 20, Rule 138 of RC (Duties of a
lawyer)
a) To maintain allegiance to the
Republic of the PH and to
support the Consti and obey
the laws of the PH
b) To observe and maintain the
respect due to the courts of
justice and judicial officers;
c) To counsel or maintain such
actions or proceedings only
as appear to him be just, and
such defenses only as he
believes to be honestly
debatable under the law
d) To employ, for the purpose of
maintaining the causes
confided to him, such means
only as are consistent with
truth and honor, and never
seek to mislead the judge or
any judicial officer by an
artifice or false statement of
fact or law
e) To maintain inviolate the
confidence, and at every peril
to himself, to preserve the
secrets of his client, and to
accept no compensation in
connection with his client’s
business except from him or
with his knowledge and
approval
f) To abstain from all offensive
personality and to advance no
fact prejudicial to the honor
or reputation of a party or
witness, unless required by
the justice of the cause with
which he is charged
g) Not to encourage either the
commencement or the
continuance of an action or
proceeding, or delay any
man’s cause, from any
corrupt motive or interest
h) Never to reject, for any
consideration personal to
himself, the cause of the
defenseless or oppressed
i) In the defense of a person
accused of crime, by all fair
and honorable means,
regardless of his personal
opinion as to the guilt of the
accused, to present every
defense that the law permits,
to the end that no person may
be deprived of life or liberty,
but by due process of law
- It is expected from every
lawyer to perform these
duties based on a certain
mode of behavior known as
the Code of Professional
Responsibility.
 REPEATERS – applicants who did
not pass the BE may take it as many
times as necessary; candidates who
fails 3 bar exams must prove that
they have enrolled in and passed
regular 4th year bar review classes
and attended a pre-bar review course
before they can take the BE again
6
Different Areas of Practice - Being a corporate lawyer
means that you are mostly
I. Private Practice – a lawyer, most of
engaged in the practice of
the time, gets clients and represent
corporate law and when
these clients in court (natural
he/she is practicing corporate
persons, legal personalities, or
law, it doesn’t necessarily
juridical entity like a
mean you are just inside the
corporation/partnership)
company.
- Cases that are usually
- It can be that you are lawyer
involved are criminal (it’s
in a law firm that is
usually the people who
exclusively engaged in the
commit the crime) and civil
corporate practice. It is
(most of the people have
usually the law firms that are
personal or real properties
concerned with mergers,
involved in a legal dispute)
acquisition, compliance, and
- BENEFITS: you own your
regulation. The law on
time & you are not compelled
compliance and regulation
to be in your office all the
sees to it that the
time, so long as you finish
company/corporate entity is
your works including
compliant to the requirements
pleadings, motions, and other
of the law regarding
legal documents; you can do
corporations. When it comes
whatever you want so long as
to regulations, the lawyer is
you’re done with the work;
engaged in making sure that
You do not have a ceiling for
the corporate entity that he is
your income unlike in
working with is validly and
government lawyering (non-
effectively complying with
limited salaries, it can be
the regulations of a law-
multi-million)
enforcement agency (ex.
- DISADVANTAGE: A
Philippine Competition
lawyer doesn’t have a fixed
Commission – it regulates
day of relaxation (even if it’s
mergers and acquisitions;
a weekend, you’ll have to
Securities and Exchange
work if there’s something
Commission – ensures that
that needs to be done); No
corporate entities are
minimum for the salary (your
complying with the revised
compensation can go low as
corporation code and SRC)
well)
- Also, corporate lawyers
II. Corporate Practice – Is corporate
ensure that corporate entities
lawyering exclusive within a
are adherent to the
company? (No. It doesn’t mean that
requirements of law when it
if you are a corporate lawyer, you
comes to the processes
should only be working inside a
involving matters that are
corporation.)
7
 internal in nature (matters
between 2 shareholders OR 2
directors of the Board of
Trustees and even their
citizenship 60% Filipino,
40% foreign)
- They also make sure
contracts are just and
equitable and not
disadvantageous to any party.
Corporate lawyers in
accounting firms deal with
ensuring that the taxes paid
by the corporation are correct
and lawful.
- Corporate practice can be
about contracts, taxation,
agency.
- Most corporate lawyers do
not go to courts because their
primary goal is to avoid
litigations. That is why as
early as drafting contracts,
they ensure that everything is
right.
- There’s no profit in
litigations unless you are the
one being oppressed.
III. Government Lawyering – the
government is the biggest employer
of all lawyers because of the vast
area of practice that these lawyers
are engaged in
a. Judiciary – lawyers are usually
clerk of courts, court attorneys.
They are the staff of the court.
They ensure that the
requirements in the Rules of
Court are complied with conduct
of cases inside the court.
b. Law Enforcement Agencies –
they are the enforcers of laws
(PCC – enforces the PH
Competition Act; Data Privacy
Commission – enforces Data
Privacy Act; BIR – enforces tax
laws)
- Sees to it that a certain law is
enforced and persons are
compliant with the
requirements
c. Independent Bodies – those that
have autonomy so as not to be
under the control or supervision
of anyone; has autonomy to
fulfill its mandate (ombudsman,
COMELEC’s lawyers
independent from the
intervention of the 3 branches of
the government, CHR – ensures
that the rights of every human are
being accommodated)
- ADVANTAGE: there’s
career growth. You can work
your way up. (clerk > MTC
judge > RTC > CA > SC
Justice)
- ALL LAWYERS ARE
OFFICERS OF THE
COURT, not only those in
the judiciary. As a lawyer,
you have the duty to the
COURT, to the colleagues,
client, and to the public.
IV. Public Interest/Alternative
Lawyering – lawyers that ensure that
those who have less in life have more
in law; those lawyers who represent
people who do not have the capacity
to pay lawyers (Atty. Leni Robredo,
FLAG – Free Legal Assistance
Group by Chel Diokno)
- Advantage: altruistic feeling
of being able to help those
who are in need; Also, you
will meet varying kinds of
8
 people and varying kinds of
cases (abuses, rape, sexual
assault, class suits, wages)
- Disadvantage: You will not
be rich here as you don’t
expect something in return.
QUESTION: Are government lawyers
prohibited from engaging in other fields of
practice? – Government lawyers can still be
allowed to engage in other fields of practice
given that he or she must secure limited
authority to practice. There are certain
government offices that strictly prohibit their
government lawyers from engaging in other
fields, because it can give an impression of
undue influence. Otherwise, they are subject
to disciplinary action.

----- FIELDS OF LAW-----

A. Criminal Law
Fundamentals of Criminal Law
- a branch of Public Law that
deals with crimes
- if a person violates a penal
law in the PH, it is more of
an offense against the State
than against the private
offended party or the victim
or the heirs of the victim
- Whenever a violation of the
law is committed, there are 2
injuries produced: (a) social
injury against the
state/disturbance of the public
order and (b) personal injury
against the private offended
party because of the
damage/injury caused to him
[People of the PH, it’s the
State that is the real party in
interest; it’s the law of the
9
 State that is being violated &
the private offended parties
are the complaining witness
to the violation of such law]
- In case of the conviction of
the accused, you’ll notice that
in the judgement of the court,
aside from the penalty of
imprisonment/fine, there’s
also the imposition of civil
liability. The
imprisonment/fine will
answer for the social
disturbance. The award of
civil indemnity of the
accused goes to the private
offended party or to the heirs
of the private offended party.
- “CRIME”: any act committed
or omitted in violation of the
Public Law for bidding or for
compelling it; an
encompassing word (there are
subsections/branches);
includes (a) felony – an act or
omission punished by the
RPC; crimes that are defined
in the RPC, (b) offense – act
or omission punished by
Special Penal Law (VAWC,
violation of the Child Abuse
Law), (c) Infraction of the
law – an act or omission
punished by the local
ordinances as enacted by the
local sanggunian; violation of
a local ordinance [ALL
THESE THREE ARE
CALLED CRIMES]
- SOURCES of PH
CRIMINAL LAW – RPC,
Special Penal Laws, Penal
Executive Orders, and Penal
Presidential Decrees (if such
power is delegated by
Congress); When it comes to
this, it is the Congress that
has the power to enact penal
laws. There are, however,
instances wherein the
Congress would enact the law
that would delegate to the
President the power to issue
Penal Executive Orders. This
is not inherent to the powers
of the President. Without the
enacted law delegating the
same, the President can’t
exercise such powers.
Although Congress has the
power to enact such penal
laws, there certain limitations
on their power to enact penal
laws: (1) penal laws enacted
by Congress must be of
general application.
Otherwise, it will be violative
of the equal protection clause
of the Const; (2) penal laws
enacted by Congress must not
partake of the nature of ex-
post facto law; (3) penal laws
enacted by Congress must not
partake of the nature of bill of
attainder and (4) penal laws
enacted by Congress cannot
impose cruel or unusual
punishment or excessive fine
- DISTINCTION between ex-
post facto law and bill of
attainder: the former is a law
which makes an act criminal
although at the time it was
committed, it was not yet so
whereas a bill of attainder is a
law which punishes the
10
 offender without giving the
opportunity to be heard,
without giving the
opportunity to state his side
of the story, without due
process of law.
 Art. 4 (RPC) Criminal liability –
Criminal liability shall be incurred:
1. By any person committing a
felony (delito) although the
wrongful act done be
different from that which he
intended
2. By any person performing an
act which would be an
offense against persons or
property, were it not for the
inherent impossibility of its
accomplishment or an
account of the employment of
inadequate or ineffectual
means
- EXAMPLE: Ms. Ruz is a
maid. She’s being treated
poorly by her employer, Mr.
Cataluna. One night, Ruz
went from the market. When
she arrived home, she saw
Michael lying. She wasn’t
able to control her anger and
grudges, so she stabbed him
while Mr. Cataluna was
asleep. Apparently, it was
discovered in the
investigation that Mr.
Cataluna was already dead
prior to the incident of
stabbing. Is Ms. Ruz
criminally liable? --- This is
an impossible crime. Hence,
Ms. Ruz is criminally liable
for an IC, specifically of legal
impossibility.
- Requisites of IC: (a) act
performed would be an
offense against persons or
property, (b) that the act was
done with evil intent, (c) that
its accomplishment is
inherently impossible, or that
the means employed is
inadequate or ineffectual, and
(d) the act performed should
not constitute a violation of
another provision of the RPC
- Why is a felon is being held
criminally liable when he is
convicted to have committed
an impossible crime? --- A
person incurs criminal
liability when committing IC,
so that person is penalized for
her criminal propensity or
criminal tendency.
- Legal Impossibility (all the
intended acts, even if
accomplished, would not
amount to a crime) v.
Physical/Factual
Impossibility (extraneous
circumstances that are
unknown to the offender
beyond the control of the
offender which prevented the
consummation of the crime)
- EXAMPLE: Ms. Matos is a
clerk in a bank. She was
entrusted a cheque to be
encashed to a certain account.
Instead of
encashing/depositing the said
cheque to the intended
account, she deposited it to
her personal account. It was
unknown to Ms. Matos that
the cheque was not funded,
11
 so when she deposited it to
her account, there was no
money deposited. However,
she was prosecuted by her
employer for the crime of
qualified theft. Is Ms. Matos
criminally liable for qualified
theft or is she criminally
liable for an IC or is she not
criminally liable at all? (Case
of Jacinto v. People) --- It
was resolved in the case that
there was an IC because it
sought to penalize the
criminal propensity of Ms.
Matos to commit a crime.
However, the said crime was
not committed because of
factual or physical
impossibility; WHY is she
not liable for theft? --- It was
resolved that there was no
qualified theft because the
cheque that Ms. Matos was
holding didn’t have any
VALUE. According to the
SC, theft has been defined
under Art. 308 as the taking
of the property with the intent
to gain the personal property
of another. Therefore, it is
necessary that the property
taken must have value
because the taking must be
with the intent to gain. A
cheque without value is a
worthless cheque.
- EXAMPLE: Asido and Ciano
are political opponents. Ciano
wanted to kill Asido, so he
doesn’t have an opponent in
the next election. Ciano,
along with his henchmen,
went to the house of Asido.
They rained bullets to the
house with the intent to kill
Asido. Apparently, Asido
wasn’t in the house that time
because she was in a nearby
baryo, campaigning. Is there
IC or is there any other crime
at all? (Case of Intod v. CA)
--- It was resolved that there
was an IC because of the
physical impossibility which
prevented the consummation
of the crime. [this gained
bashing bec it doesn’t fulfill
the last requisite; the case
falls under another provision
in the RPC namely malicious
mischief because of the
damage to the property of the
offended party; HOWEVER,
we have to follow the SC’s
decision.]
 Proximate Cause
- EXAMPLE: What if Mr.
Albonial was having his
siesta one afternoon. Then, he
suddenly woke up because of
the noise coming from the
children playing in his
backyard. There were
children playing in the mango
tree. He shouted at the
children and threatened them
that he would call the police.
The children were shocked
and one of them fell on the
ground and hit her head on a
boulder. Did Mr. Albonial
incur any criminal liability?
--- Mr. Albonial was not
criminally liable because
under Art. 4, it requires that
12
 such proximate cause must be
a felonious act. Shouting at
the children for trespassing is
not a felonious act.
- EXAMPLE: Same with the
example above. This time,
Mr. Albonial held out his gun
and aimed his shot towards
the direction of the children.
Although he didn’t intend to
shoot the children, he just
shot the gun because of the
trespassing children. ---
There is criminal liability by
virtue of the doctrine of
proximate cause. Although
the accused didn’t intend to
shoot at the children, the act
of pointing the gun towards
the children caused fear
towards the children which is
the proximate cause of the
injury sustained by one of the
children by hitting her head
on a boulder when she fell.
Even if he just held out a gun
and pulled its trigger without
reason (gusto lang
magpasikat), it is still a
felonious act.
- Doctrine of proximate cause:
Under this doctrine, an
offender becomes criminally
liable of a resulting felony
although that is not his
intended felony. Provided
that he was performing a
felonious act and such was
the proximate cause of the
said resulting felony. Even if
he has no intention to commit
the said resulting felony, his
intention is different, for as
long as the said resulting
felony is the direct, natural
and logical consequence of
his felonious act, he becomes
criminally liable for the said
resulting felony; refers to
such cause, which in natural
and continuous sequence,
unbroken by any efficient
intervening cause, produces
the injury and without which
the result would not have
occurred.
- Requisites:
a) Intended act is a
felonious act
b) Felonious act resulted
into a felony
c) Resulting felony is
the direct, natural, and
logical consequence
of the felonious act of
the offender
- EXAMPLE: Hannah is
engaged to Eric. Apparently,
Eric suddenly backed out
because he already has a wife
and five children. Hannah
was depressed to the extent
that she wanted to commit
suicide. She went to the
rooftop of a building and
jumped off. In the given set
of facts, is Eric criminally
liable by virtue of doctrine of
proximate cause? --- No. The
breach of a promise to marry
is not an actionable wrong
(not a felonious act). There is
no criminal liability because
the first requisite under the
doctrine of proximate cause
is absent.
13
- Hannah and Eric are couple.
Gen was envious of them.
When Gen encountered
Hannah in the canteen, the
former stabbed the latter with
a chopstick. Hannah
sustained physical injury as
result thereof. Thereafter,
Hannah went to the hospital
and underwent medication.
However, 25 days after
sustaining the injury, Hannah
died because of a tetanus
infection. In the given set of
facts, is Ms. Lim criminally
liable by virtue of doctrine of
proximate cause? --- [Case of
Urbano v. Intermediate
Appellate Court/IAC & Case
of People v. Villacorta] Gen
is criminally liable, but she is
not criminally liable to the
death of Hannah. According
to jurisprudence, the SC said
that there was an EIC that has
broken the causal connection
between the act of stabbing
and the resulting death of the
victim which is the tetanus
poisoning. The SC relied on
the expert testimonies of the
doctors that tetanus poisoning
has an incubation period of
14 days. Therefore, the SC
said, if the said hack would
inflicted by the offender on
the victim had tetanus germs
at the time of stabbing or
hacking, the victim would
have died within 2 weeks or
14 days. In these cases, the
victims survived and showed
signs only on the 25th day.
Therefore, the SC said these
victims performed acts that
broke the tetanus germs on
their wounds, hence the
accused would not be liable
for the death of the victim.
(kapag may tetanus
poisoning, dapat nag manifest
na yung symptoms within 14
days from the infliction of the
wounds. However, there were
no signs within the 25 days.
The tetanus poisoning
happened after she was
stabbed. There’s a possibility
that she had tetanus
poisoning by being negligent
of cleaning her wounds.)
- Efficient Intervening Cause:
is an active force which is a
distinct act or fact absolutely
foreign from the felonious act
of the offender
- Supervening condition:
happened after committing
the felonious act
 Praeter Intentionem
- EXAMPLE: Angelic and
Michael are married couple.
One night, Michael went
home hungry and was mad.
Upon arriving at home, he
found out that there was no
food. Angelic even asked him
to buy her a new phone. This
made Michael more upset to
the point that he elbowed his
wife. This caused Angelic to
fall off her feet and fell on a
table with a vase on it. The
vase fell on her head and she
suffered hemorrhage.
Eventually, she died. Is
14
 Michael criminally liable? ---
Yes. There is criminal
liability by virtue of praeter
intentionem on the part of
Michael.
- EXAMPLE: A father wanted
to discipline his child. He tied
the child and hit him with a
big wood plank (dos por dos)
repeatedly. Thereafter, the
child suffered compulsion
and eventually died. ---
According to jurisprudence,
there’s no praeter
intentionem. The SC said that
there’s no notable disparity
between the means employed
by the offender (father) and
the resulting felony (death of
the child). The SC stated that
the father should have
expected that his child would
suffer grave physical injuries
when hit repeatedly with a
big wood plank.
- Praeter Intentionem: when
the consequence went beyond
the intention; intended victim
received the blow but the
injurious result is far greater
than what could have been
anticipated from the means
employed by the offender
- Requisites:
a) Felony has been
committed
b) There is a notable
disparity between the
means employed by
the offender and the
resulting felony and
out of the means
employed, the
resulting felony could
not have been
foreseen.
 Aberratio Ictus
- EXAMPLE: Andrea had a
grudge against Joselle.
Andrea is in illegal
possession of an unlicensed
firearm. One time, Joselle
was riding a motorbike with a
driver. Andrea shot at the
direction of Joselle, but it was
misaimed. The driver was
killed instead and Joselle
sustained physical injuries.
When she was being
prosecuted, she defended that
she was not criminally liable
for the death of the driver
because she didn’t intent to
kill him. Is there a criminal
liability? --- There’s still
criminal liability on the part
of Andrea by virtue of
Aberratio Ictus.
- Aberratio Ictus: the blow
directed to the intended
victim landed on another
person (actual victim);
accidental harm to a person
(an innocent person)
 Error in Personae
- Shane was having a fistfight
with Cherry. Apparently,
Cherry outpowered Shane.
Shane’s father went to the
rescue. In a defense, Shane
brought out the nail cutter in
her pocket and brought out
the mini sharp object and she
immediately stabbed the first
person she had beside her
thinking it was Cherry where
15
 in fact it was her father that
she stabbed. Is there a
criminal liability on part of
Shane given that her intended
victim was Cherry? --- There
is criminal liability by virtue
of the doctrine of error in
personae.
- Error in Personae: inflicting
harm to a different person
which is not the intended
victim of the offender
- EXAMPLE: Shane’s
daughter was harassed by Mr.
A. Shane reported this to her
husband and the husband
then went to the house of Mr.
A. Upon seeing the silhouette
of Mr. A, the husband
repeatedly punched his face
to the point that it’s already
swollen. Apparently, it was
found out that it was Mr. B
who was the victim of
punching who was the twin
brother of Mr. A. The
husband defended that he was
not liable as he intended to
inflict harm on Mr. A and not
Mr. B. Is the defense tenable?
--- No. The defense is not
tenable. Although the
husband intended to inflict
harm on Mr. A, he still
inflicted harm to the actual
victim. He is still criminally
liable by virtue of error in
personae.
B. Constitutional Law
- Administered at the first
Sunday of BE
- Political Law is the branch of
Public Law that regulates the
relationship between the State
and the people. (rights of the
people as against the
authority of the state)
- Constitution: body of rules
and maxims in accordance
with which the powers of
Sovereignty are habitually
exercised (Culi);
Fundamental Law of the
Land
- Characteristics of a good
Consti: (a) brief, (b) broad
and (c) definite
- Japan’s Consti is the shortest
and brief.
- Constitutions may either be
written or unwritten. It may
be rigid or flexible. (Flexible
in a manner that it can be
accustomed to the changing
needs of the country).
- Doctrine of Constitutional
Supremacy: if any law,
ordinance, executive order or
act of government is
inconsistent with the Consti,
the latter shall prevail. What
you cannot do directly, you
cannot do indirectly. What
the Consti prohibits done,
cannot be done in a different
way that would achieve the
same prohibited result.
- 3 Parts of the Constitution:
1. Constitution of the
Government –
contains the structure
of government and
how government
powers are distributed
16
 (Articles 6-8; the framers based on the
legislative, executive, transcript of the
and judiciary) deliberations)
2. Constitution of 3. Ut magis valla
Liberty – contains the guamperiat/Totality
rights of the citizens Rule (interpret the
to be used against the provisions of the
awesome power of the Consti based in its
government (Article 3 totality; cross-refer to
– Bill of Rights) other provisions of
3. Constitution of the Consti; the
Sovereignty – part of provisions of the
the Consti that Consti should be
contains methods on harmonized)
how the citizens could - Provisions of the Consti as to
revise or amend the whether it is self-executing or
Consti (Article 17 – not:
Amendments and  GR: the provisions of
Revisions of the the Consti are self-
Consti) executing; it does not
- 3 Rules of Interpreting the need Congressional
provisions of the Consti: In action to be a source
case of doubt, there are 3 of a right or a power
rules of constitutional  XCPN: except those
statutory constructions that provisions in Articles
could be used to ascertain the 2, 8, and 14 – these
intent of the framers of the provisions had been
Consti: jurisprudentially
1. Verba legis (interpret declared as non-self-
the Consti on its plain executing provisions
meaning; plain of the Constitution.
meaning rule) Hence, they need
2. Ratio legis et anima congressional action
(the intention rule; the to be a source of a
interpretation can be right or a power. (as
asked for provided in the case
enlightenment from of Espina v. Zamora)
the deliberations of  Provision on the
the Constitutional Consti prohibiting
Commission who Political Dynasty –
drafted the Consti; there is a provision in
knowing the the Consti prohibiting
intentions of the dynasty, but there is

17
 no enabling law; it’s
only a guiding
principle
 XCPN to the XCPN –
provides that those
provisions in Art. 2,
8, and 14 that are
complete in
themselves and no
longer need
congressional actions
to take effect are
considered self-
executing provisions
(basis - case of
Manila Prince Hotel
vs. GSIS)
 Revisions and Amendments of the
Constitution (Art. 17)
 To revise is different from to amend  QUESTION: What if only one of
 Revise – complete overhaul of the
Consti that would change
fundamental structures and systems
of the state
 Amend – piecemeal change without
affecting the other provisions of the
Constitution
 2 tests to determine if it’s a
revision/amendment:
a) Quantitative test – asks
whether the proposed change
is so extensive in its
provisions as to change
directly the substantial
entirety of the Constitution
by the deletion or alteration
of numerous existing
provisions; the court
examines only the number of
provisions affected and does  Bodies that make changes to the
not consider the degree of
change
b) Qualitative test – asks
whether the change will
accomplish far-reaching
changes in the nature of our
basic government plan as to
amount to a revision; whether
there’s an alteration in the
structure of government is a
proper subject of inquiry; a
change in the nature of a
basic governmental plan
includes change in its
fundamental framework or
the fundamental powers of its
branches and changes that
jeopardize the traditional
form of government and the
System of Checks and
Balances
the provisions of the Consti is to be
changed? Is it automatically an
amendment or a revision? --- If a
single alteration modifies the basic or
fundamental principles of the
Constitution like the System of
Checks and Balances, even if it’s one
provision, it won’t be considered as
an amendment because it alters the
basic principle, other provisions
would be affected as well. It would
be considered as a revision.
- A single change of republican
to federal; from bicameral
congress to unicameral
congress – it could achieve
far-reaching changes in the
Constitution so as to amount
to a revision
Consti: Constitutional changes may
be made either through
18
 1. Constitutional Convention –
can make amendments or
revisions; requires the 2/3
vote of the members of the
congress or majority vote to
submit to electorate the
question of calling such
convention
2. Congress through Constituent
Assembly – can make
amendments or revisions;
requires ¾ vote of all
members of Congress
3. People’s Initiatives – can
only make an amendment and
not revision; a petition of at
least 12 percentum of the
total number of registered
voters of which every
legislative district must be
represented by at least 3
percentum of the registered
voters therein (12/3 rule)
 Fundamental Rule: Bill of Rights is
not invoked against private persons.
Most of the time, people would
invoke the provisions of Bill of
Rights as against fellow citizens and
this is erroneous. The provisions of
the BR are claimed as protection
against the government abuses. It
safeguards the people against
government atrocities,
capriciousness. If you heard someone
invoking their right against
unreasonable searches and seizures
against their neighbors, that is wrong
because the BR is formulated as
shield for people against government
atrocities. (XCPN to the fundamental
rule - Case of Zulueta v. CA wherein
the SC granted the right to be
invoked between 2 private persons or
married couple wherein the right to
privacy of the husband was violated)
 Doctrine of Separation of Powers –
the principle of separation of powers
refers to the constitutional
demarcation of the 3 fundamental
powers of government; Stems from
the notion that the powers of
government must be divided to avoid
concentration of these powers in any
one branch; the division, it is hoped,
would avoid any single branch from
lording its power over the other
branches or the citizenry; co-equal
branches of government that are
equally capable of independent
action in exercising their respective
mandates
 Doctrine of Checks and Balances –
one department is given certain
powers by which it may definitely
restrain the others from exceeding
constitutional authority. It may
object or resist any encroachment
upon its authority, or it may
questions, if necessary, any acts or
acts which unlawfully interferes with
its sphere of jurisdiction and
authority (Suarez, 2005)
- Illustrations of checks and
balances:
1. The lawmaking power of
the Congress is checked
by the President through
its veto power, which in
turn maybe overturn by
the legislature.
2. The Congress may refuse
to give its concurrence to
an amnesty proclaimed by
the President and the
19
 Senate to a treaty he has
concluded.
3. The President may nullify
a conviction in a criminal
case by pardoning the
offender.
4. The Congress may limit
the jurisdiction of the
Supreme Court and that
of inferior courts and
even abolish the latter
tribunals.
5. The Judiciary in general
has the power to declare
invalid an act done by the
Congress, the President
and his subordinates, or
the Constitutional
Commissions.
- Checks and balances occur
between and among the 3
fundamental branches and other
constitutional bodies.
 Doctrine of Blending of Powers - it
is impracticable to effect a strict and
complete separation of powers; for
the sake of a good and efficient
government Sharing of powers of the
different departments of government
whereby one department helps and
coordinates with the other in the
exercise of a particular power,
function or responsibility; XCPN to
the GR of Separation of Powers
- Example of shared powers/
blending of powers:
1. The President and Congress help
one another in the making of
laws. Congress enacts the bill
and the President approves it.
2. The President prepares a budget
and Congress enacts an
appropriation bill pursuant to that
budget.
3. The President enters into a treaty
with foreign countries and the
Senate ratifies the same.
4. The Supreme Court may declare
a treaty, international or
executive agreement, or law, as
unconstitutional, and it has also
the power to declare invalid any
act done by the other departments
of government.
5. The grant of amnesty by the
President is subject to the
concurrence of a majority of all
the members of the Congress.
 Non-delegation of Powers Doctrine –
logical corollary to the Doctrine of
Separation of Powers; “what has
been delegated cannot be delegated”;
based on the ethical principle that
such as delegated power constitutes
not only a right but a duty to be
performed by the delegate through
the instrumentality of his own
judgement and not through the
intervening mind of another; With
respect to the Constitution, the
powers which Congress is prohibited
from delegating are those which are
strictly, or inherently and
exclusively, legislative.
 Political Question Doctrine – courts
can’t decide on matters that are
political questions in nature; political
question refers to “those questions
which, under the Constitution, are to
be decided by the people in their
20
 sovereign capacity, or in regard to
which full discretionary authority has
been delegated to the Legislature or
executive branch of the government.
It is concerned with the issues
dependent upon the wisdom, not
legality, of a particular measure.”;
- While courts can determine
questions of legality with respect
to governmental action, they
cannot review government policy
and the wisdom thereof, for these
questions have been vested by
the Constitution in the Executive
and Legislative Departments.
 Doctrine of transcendental
importance – XCPN to the doctrine
of hierarchy of courts; When the case
involves transcendental importance,
immediate resort to the Supreme
Court may be warranted.
 Four-fold test in determining the
existence of an employer-employee
relationship
C. Labor Law
Fundamentals
- Labor law is the field of law
that defines the relationship
between the employer and
employees as well as certain
3rd persons in connection with
employment. It establishes
the rights of each parties and
determines their duties and
obligations. Basically, the
law regulates employment
relationship. In certain
scenarios, there will be 3
parties (job contracting).
- Given on the 1st day of BE
having 10% weight
- Divided into 2 parts: Labor
Law I (labor standards) and
Labor Law II (labor
relations). It also covers
social welfare legislation
(GSIS, SSS law, benefits)
- A highly specialized area of
practice.
- QUESTION: Do labor laws
only pertain to the Labor
Code/ Are labor laws
exclusively governed by the
Labor Code? --- No. Labor
laws also pertain to other
laws. There are certain
provisions under Constitution
that provide qualifications
and protections for labor.
There are also special laws
that govern labor
(Kasambahay Law).
1. Selection and engagement of
employee –
2. Payment of wages
3. Power of
dismissal/termination
4. Power to control the
employee’s conduct (control
test)
- The most crucial test among
the 4 is the control test. It’s
the so called “control test”
which has the most important
index in the existence of an
employer-employee
relationship. Stated
otherwise, an employer-
employee relationship exists
where the employer for
21
 whom the services are
performed reserves the right
to control not only the
end/work to be achieved but
also the manner and method
to by which such work is to
be achieved. (Pacific
Consultants International
Asia, Inc. v. Klaus K.
Schonfeld)
- EXAMPLE: Law wanted a
cake. He availed the service
of a local pastry chef to make
his cake. After which, he sent
a picture of the cake that he
wants (result). If he specifies
the kind of ingredients and
the kind of baking method he
wanted the pastry chef to
apply, he had an exercise of
control over the matter.
Otherwise, he does not
exercise control and only
wants the result. The pastry
chef had liberty as to what
means and methods she’d
like to use.
- 2-tier test in determining
employment relationship:
a) Control test
b) Economic reality test
– supplements the
control test;
- Generally, courts have relied
on control test. However,
there are some cases that the
control test is not sufficient to
picture the relationship
between the parties owing to
the complexity of such a
relationship where several
positions have been held by
the worker. The better
approach would be therefore,
to adopt a two-tier test
involving (1) employer’s
power to control the
employee with respect to the
means and method by which
the work is to be
accomplished and (2)
underlying economic realities
of the activity or relationship
- Economic Reality Test: the
proper standard of economic
dependence is whether the
worker is dependent on the
alleged employer for his
continued employment in that
line of business (does the
employee rely on the
employer for his livelihood?
If the answer’s affirmative,
there’s employment
relationship)
- South West Disaster Control
(Selection & Engagement;
Wages; Dismissal; Control)
- Four-fold test is a highly
contested area because of the
general rule that the
existence of an employer-
employee relationship is a
condition sine qua non for the
application of the labor laws
and for the labor courts to
have jurisdiction. If the four-
fold test is not satisfied, then
labor laws will not operate in
a particular case.
- QUESTION: Is it necessary
to have a written contract of
employment to have an
employer-employee
relationship? --- No. An
employment contract may be
22
 oral or written. A written
contract is not necessary for
the creation and validity of
the relationship. However,
there’s XCPN (kasambahay
law). Under the kasambahay
law, it is required to have
written contract of
employment.
- Once the employment
relationship is deemed to be
established/existing, the LC
is deemed automatically
incorporated into the said
relationship. Under the
Principle of Incorporation,
the minimum labor standards
and benefits in LC are
considered inherent in every
employer-employee
relationship even in the
absence of written
employment contract.
- In the discussion of labor
laws, there are usually 2
parties involved (employer
and employee):
o Employer – obligation to balance the
considered as the
management; one
who provides capital
for the business; its
goal is to derive as
much profit as it can
(kumita); has
management
prerogatives (hiring,
employment
classification, right to
make rules and
regulations)
o Employee – labor
faction who
furnishes/does the
work and the goal is
to have an equitable
share in the profits; if
the management is
progressive, they aim
to have equitable
share; have worker’s
rights (minimum
standards [minimum
wage] and other
social legislations;
constitutional rights
to security of tenure,
trike, collective
bargaining)
- When the interests of the
management and interests of
the labor clash, that is where
the state intervenes because
the state has to regulate the
conflicting interests of the
employer and the employee
under the Balancing of
interest Doctrine.
- Balancing of Interest
Doctrine: the state has the
interests of the labor and the
management by exercising
police power
 Basic Provisions in the LC:
o Art. 3. Declaration of Basic
Policy – state assures the
rights of the workers and
regulate the relations between
workers and employers
o Art. 4. Construction in favor
of Labor – all doubts in the
implementation and
interpretation of the
provisions of this Code
23
 including its IRR shall be employee of his
resolved in favor of labor duties
- QUESTION: Under Art. 4, o Fraud or willful
does it mean that the state breach by the
automatically leans towards employee of the trust
the interest of the employees? reposed in him by his
--- No. This provision only employer or duly
applies when there is doubt in authorized
the implementation and representative
interpretation of the o Commission of a
provisions of the LC. The LC crime or offense by
equally protects both the the employee against
employers and employees. the person of his
The state has to balance the employer or any
interests of the management immediate member of
and the labor (Balancing of his family or his duly
Interest Doctrine) authorized
- “Those who have less in life representatives
shall have more in law.” o Other causes
(embodiment of Social analogous to the
Welfare Legislation) foregoing
 Just Causes  Authorized Causes
- Grounds for termination of - Grounds which the law itself
employment due to the authorizes to be invoked to
employee’s violations; means justify the termination of an
that the employee has employee even if he has not
committed a wrongful act or committed any wrongful act
omission or omission
- the employer is justified - The employer is authorized to
dismissing an employee for separate employees from
just cause their employment due to a
- Art. 282 of the LC provides legitimate business reason or
the ff. just causes: a requirement by law or
o Serious misconduct or regulations.
willful disobedience - Art. 283 and 284 of the LC
by the employee of set out the ff. authorized
the lawful orders of causes:
his employer or o Installation of labor-
representative in saving devices,
connection with his redundancy,
work retrenchment to
o Gross and habitual prevent losses or the
neglect by the closing or cessation of

24
 operation of the
establishment or
undertaking
(business-related
causes)
o When the employee is
suffering from any
disease and whose
continued
employment is
prohibited by law or
is prejudicial to his
health as well as to
the health of his co-
employees (health-
related cause)
- Business-related causes:
1. Installation of labor-saving
device – a management
prerogative and the courts
will not interfere with its
exercise in the absence of
abuse of discretion,
arbitrariness, or malice on the
part of management; will
result in making positions
being held by employees who
will be adversely affected
thereby redundant and
unnecessary
2. Redundancy – exists when
services of an employee are
in excess of what is
reasonably demanded by the
actual requirements of an
enterprise; happens when the
position is superfluous
because of a number of
factors such as over-hiring of
workers, decreased volume of
business, dropping of a
particular product line or
service activity previously
manufactured or undertaken
by the enterprise or phasing
out of service activity priorly
undertaken by the business
3. Retrenchment – “termination
of employment initiated by
the employer through no fault
of the employees and without
prejudice to the latter,
resorted to by management
during periods of business
recession, industrial
depression, or seasonal
fluctuations or during lulls
occasioned by lack of work
or orders, shortage of
materials; or considerable
reduction in the volume of
employer’s business,
conversion of the plant for a
new production program or
the introduction of new
methods or more efficient
machinery, or of
automation.”
- Proof of losses or
possible imminent losses
is the distinctive requisite
of retrenchment
4. Closure or Cessation of
Business Operations – the
complete or partial cessation
of the operations or shutdown
of the establishment of the
employer; it is carried out to
stave off the financial ruin or
promote the business interest
of the employer
- Health-related cause:
1. Disease is also of one
the authorized causes
to terminate
25
 employment. and/or diminution in
HOWEVER, not all pay
kinds of disease may 3. A clear
be considered as a discrimination,
valid ground to insensibility or
terminate disdain by the
employment. It must employer becomes
be proven that an unbearable to the
employee’s continued employee that it could
employment is foreclose any choice
prohibited by law or by him but to forego
prejudicial to his his continued
health as well as to employment
the health of his co- - There’s difference between
employees. Further, a illegal dismissal and
competent public constructive dismissal
health authority must (according to jurisprudence).
issue a medical There’s the same relief to
certificate that the both ID and CD (Art. 294):
disease is of such o ID – readily shown by
nature or at such a the act of the
stage that it cannot be employer in openly
cured within a period and expressly seeking
of 6 months even with in effecting the
proper medical termination of the
treatment. employee; employer
would normally
 Constructive Dismissal defend and justify the
- A dismissal in disguise termination
- An act amounting to o CD – dismissal in
dismissal but made to appear disguise; not readily
as if it were not. (according to shown or indicated by
jurisprudence) any similar act of the
- There is CD when any of the employer that would
following 3 circumstances openly and expressly
exists: show his desire to
1. When continued terminate the
employment is relationship; notably,
rendered impossible, CD doesn’t always
unreasonable, or forthright dismissal;
unlikely employer would
2. When there’s contend that there’s
demotion in rank no termination at all

26
 - Difference between salary annulment,
and wages. THEY ARE declaration of nullity,
NOT SYNONYMOUS: divorce is discussed
o Salary – fixed as a point of
monthly (salary comparison but
grade) there’s no divorce in
o Wages – manual PH, when is a
labor; earned by hour; marriage
“no work, no pay”; 8 valid/void/voidable
hours of work & who are obliged to
give support, family
home, property
relations between
spouses)
2. Obligations and
D. Civil Law Contracts
Fundamentals 3. Law on Succession
- The mass of precepts which (when is there death,
determine and regulate the when is there
relations of assistance, transmission of rights
authority and obedience between the decedent
among the members of a and the heirs,
family and those which exist legitimate and
among members of a society illegitimate child –
for the protection of private the former has
interests (as held in the Case entitlement to his
of Texon v. COMELEC) share in the estate
- Foundational and broad twice as much as that
subject in law school of an illegitimate
- During Bar Exams, it is child, how the
normally scheduled on the 2nd property is
Sunday and it has a distributed, testate –
weight/percentage of 15%. may will na iniwan
However, CL was given a yung decedent,
25% weight in a recent intestate – no will by
concluded BE. the late decedent)
- In our daily lives, it is 4. Law on Property
applicable and very (pinakagasgas since
fundamental especially in LS. hindi uso yung
- Covers the subjects: pagpapatitulo ng lupa
1. Persons and family – issues are usually
relations (requisites involved in the rights
of marriage, of the heirs to the

27
 property, easements
and servitudes –
one’s property is
surrounded by other
land properties so
much so that he no
longer has
access/way to the
road)
5. Law on Sales – if
there is the conduct
of sales
6. Law on Lease –
when renting an
apartment/property
of others
7. Law on Agency –
when you authorized
a -
representative/agent
and that agent’s
authority is being
questioned
8. Law on Partnership
– how profit is to be
shared to the partners
(hatian sa proft)
9. Credit Transactions
10. Land Titles and
Deeds – in
connection with
Property Law, it is E. Taxation
concerned with who Fundamentals
owns the property
- QUESTION: If the property
is named to you, does it mean
that you own it? --- One
common misconception is
that when someone registers
the land in his name, he is
automatically the owner of
the land. The modes of
acquiring ownership
(OLDTIPS) are by
occupation, law, donation,
tradition, intellectual
creation, prescription, and
succession as provided in Art.
712 of the NCC.
- As held in jurisprudence, the
registration court does not
grant the applicant title over
the property but merely
recognizes the applicant’s
existing title which had
already vested upon the
applicant’s compliance with
the requirement of open,
continuous, notorious
possession, and occupation of
the land.
There are usually those who
falsify deed of sale and after
which, they will register it to
their name. The real owner
will file for an action for
reconveyance because the
land was obtained by fraud.
11. Torts and damages
– one of the sources
of obligations (quasi-
delict)
- Taxation is the power by
which the sovereign raises
revenues to defray the
expenses of government. It is
a way of apportioning the
cost of the government
among those who, in some
measure, are privileged to
enjoy its benefits and must
bear its burden.
28
- It is a destructive power
which interferes with the
personal and property rights
of the people and takes from
a portion of their property for
the support of the
government (case of Paseo
Realty and Development
Corp. vs. CA).
- Taxation is one of the
inherent powers of the state.
In order for a state to survive,
it has to exercise its power to
tax. Being an attribute of
sovereignty, the power to tax
has been described as
unlimited in its range,
acknowledging its very
nature no limits, so that
security against its abuse is to
be found only in the
legislature’s responsibility
which imposes the tax on the
constituency who are to pay
it.
- Taxation is an incident of
sovereignty.
- QUESTION: In the absence
of an expressed grant in the
Constitution of the power to
tax, does it mean that a
certain state doesn’t have the
power to tax? --- The power
to tax is inherent and by
inherent, it means that even
without the express grant of
the said power in the
Constitution, still the said
power continues to exist and
it could still be exercised by
the state. (Kapag inherent, di
na need ng express grant)
- Definition of “tax”: enforced
proportional contributions
from persons and property
levied by the law-making
body of the state by the virtue
of its sovereignty for the
support of government and
for all public needs (Culi);
financial obligation imposed
by the State on persons
whether natural or juridical
within its jurisdiction or
property owned, income
earned, business or
profession engaged in or any
such other activity analogous
in character for raising the
necessary revenues to take
care of the responsibilities of
the government
- LIFE-BLOOD
DOCTRINE: the taxes are
the life-blood of govt;
expresses the underlying
basis of taxation which is
governmental necessity.
Without taxation, the
government can neither exist
nor endure. Taxation is
indispensable and inevitable
price for a civilized society.
Without taxes, the
government would be
paralyzed. The existence of a
government is a necessity and
it can’t exist nor endure
without the means to pay its
expenses and for those
expenses the government has
the right to compel all its
citizens and properties within
its limit to contribute in the
form of taxes.
29
- Characteristics/Attributes Usually, they are the ones
of tax: who don’t reach the
o Tax is a forced minimum amount of
charge/imposition/con annual gross income
tribution. As such, it (250,000 pesos, if below
operates ad invitum this, di na mabayad).
(no way dependent However, the higher the
upon the will or income, the more you
contractual assent have the ability to pay
express or implied of and the taxes imposed are
the person taxed) – higher.
whether you like it or
o It is a pecuniary burden payable in
not, you are subject to
money but backpay certs may be
the power to tax by
used in payment of taxes (case of
the government
Borja v. Gella). The taxpayer is not
(however, you may
allowed to settle his tax liability by
prove to a certain
conveying real or personal property
extent that you are
in view of the problem of assigning
excluded to the
value to such property.
coverage of taxation);
o Imposed by the State on persons,
no consent needed
o It is assessed in property, or excises within its
jurisdictions in accordance with the
accordance with some
Principle of Territoriality. As the
reasonable rule of
state may exercise its power of
apportionment which
taxation only within its territorial
means that conformity
jurisdiction, said power may not be
with the
exercised within premises of
Constitutional
embassies and diplomatic missions
mandate for Congress
of a sending state located in the
to evolve a
host/receiving state which is
progressive tax
considered by fiction of International
system. Taxes must
Law as an extension of the territorial
be based on
jurisfiction of the sending state
taxpayer’s ability to
thereby granting the sending state
pay. – taxpayer’s
exclusive sovereignty within its
ability to pay
premises – PH government can’t
(progressive tax
impose tax on certain transactions
system)
undertaken outside its jurisdiction. It
* There are certain can’t tax citizens of other states. (It is
citizens or employees not absolute as there are certain
who are exempted from XCPNs).
the payment of taxes.

30
 PH Competition Act,
Transportation Law (under
NCC)
- Corporation – defined as an
artificial being created by
operation of law having the
rights of succession and the
powers, attributes, and
properties expressly
authorized by law or
incidental to its existence
(Sec.2 of the Revised
Corporation Code)
 Attributes of a
corporation:
F. Mercantile/Commercial Law 1. Created by
Fundamentals operation of law
- 15% in BE 2. It has the rights of
- Branch of Private Law which succession
regulates juridical relations 3. It is an artificial
arising from commercial being
acts/transactions 4. It has the powers,
- Covers: corporation law, attributes, and
insurance law, negotiable properties expressly
instruments law, banking authorized by law
law, intellectual property law, or incidental to its
PH Competition Act, anti- existence
money laundering, pre-need, - Doctrine of Separate
etc. Juridical Personality: a
- One of the highly specialized corporation has a separate
areas in LS and distinct personality from
- Biggest chunk is the those who represent/compose
Corporation Law it; its officers are solidarily
- QUESTION: True or False. liable only when exceptional
Commercial Law is circumstances exist such as
exclusively enshrined in the cases enumerated in Sec. 31
Code of Commerce. --- of the Corp Code (case of
Commercial Law is not Pioneer Insurance v.
exclusively enshrined in the Morningstar Travel and
Code of Commerce because Tours)
there are special laws also  A corporation is a
governing commercial laws separate entity from
like Truth in Lending Act,

31
 the stockholder, corporation has legal
officers, and directors. personality separate and
 Whatever a distinct from the corporators
corporation does, it composing it.
does not necessarily  A stockholder may
mean that the be held liable for the
stockholders or obligations of a
officers will be liable corporation (guilty of
for it because it is a fraud).
separate entity.  If a corporation has
Whatever is its fault is done something
not the fault of those wrong because of
who fraud by a director or
represent/compose it. an officer, then that
 If a corporation had a responsible person
violation of a law, it can be held liable.
will incur penalties.  A corporation can’t
However, a be imprisoned but
corporation cannot be those officers guilty
sent to prison. of fraud may be
 A corporation cannot incarcerated.
be incarcerated.  The least that a
Imprisonment is a corporation can
restraint to liberty. A obtain is penalty. It
corp doesn’t have can be penalized
liberty in the same through suspending
sense of a person. certificates, payment
 The fault of the of fines, but
stockholder is not the definitely can’t be
fault of the imprisoned.
corporation.
- Doctrine of Piercing the G. Legal Ethics
Veil of Corporate Fiction: Fundamentals
it’s an XCPN to the Doctrine - 5% of the BE
of Separate Juridical - Talks about Practice of Law,
Personality. It allows a duty of a lawyer to the public,
stockholder or a member of court, colleagues, and clients,
the corporation to be held Rules of Court, Code of
liable for the obligations of Judicial Conduct,
the corp. This doctrine allows Jurisprudence, Code of
the state to disregard for Professional Responsibility
certain justifiable reasons the - Among the forms of legal
notion or fiction that the ethics are legal forms

32
 (drafting of legal documents - Broken down into 4 other
– certification and branches/primary subjects:
verification, 1. Civil procedure
acknowledgement) 2. Criminal procedure
- Do’s and Don’ts of a lawyer 3. Special proceedings
- Code of Judicial Ethics 4. Evidence – most
(grounds for inhibition to a practical
certain judge – you will doubt - RL also pertains to
his impartiality because your provisional remedies, special
opponent in the court is a civil actions, katarungang
relative of the judge) pambarangay, summary
procedure
- Evidence: means sanctioned
H. Remedial Law by the rules in ascertaining in
Fundamentals a judicial proceeding the truth
- Only lawyers get to study respecting a matter of fact;
Remedial Law in detail meaning, the technical rules
- The branch of law which of evidence does not govern
prescribes the method of other proceedings that are not
enforcing rights or obtaining judicial in nature
redress (remedy) for their (administrative proceedings)
invasion (held in the case of - Quantum of Evidence
Bostos v. Lucero) 1. Proof beyond
- QUESTION: T or F. reasonable doubt
Remedial law is only 2. Clear and
confined in the Rules of Convincing Evidence
Court. --- F. Remedial Law is 3. Preponderance of
not exclusively found in the Evidence
Rules of Court. It is 4. Substantial evidence
contained in the Rules of - Rules of Admissibility of
Court however circulars of Evidence:
the SC implementing the 4 requirements:
Rules of Court like the Rules 1. Relevant to the issue
on Summary Procedure also in the case
forms part of the Remedial 2. Must be competent,
Law. RL makes reference to must not be excluded
jurisprudence or landmark by the rules (not
cases. illegal)
- “hardest” subject in LS 3. Must be duly
- Substantive law (Civil Code) authenticated
and Procedural law (evidence is the real
(Remedial Law, Rules of thing that you are
Court)

33
 presenting in the
Court)
4. Must be formally
offered & the
purpose must be
stated
THE JUDICIARY
a. Mandate, Nature and Powers
i. Judicial power
 Tradition judicial power
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,
 Extended judicial power
- 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.
ii. Rule Making Power
of the Supreme Court
 Sec. 5, Par. 5 of Art. 8 of the 1987
Constitution
The SC shall exclusive have this
power:
Promulgate rules concerning the
protection and enforcement of
constitutional rights, pleading, practice,
and procedure in all courts, the
admission to the practice of law, the
Integrated Bar, and legal assistance to
the underprivileged. Such rules shall
provide a simplified and inexpensive
procedure for the speedy disposition of
cases, shall be uniform for all courts of
the same grade, and shall not diminish,
increase, or modify substantive rights.
Rules of procedure of special courts and
quasi-judicial bodies shall remain
effective unless disapproved by the
Supreme Court. (Estipona vs Lodrigo)
iii. Jurisdiction
 Jurisdiction: power of the courts to hear
and decide cases and to execute the
judgment thereon.
 SC’s jurisdiction is determined by
the Constitution
 Lower courts’ jurisdiction is
determined by Congress (GIVEN
that it can’t be expanded without the
Court’s advice and concurrence)
 If the Congress determines the
jurisdiction of SC, it disrupts the
Principle of Separation of Powers
(because government departments
are CO-EQUAL branches)
 There’s no such thing as judicial
supremacy and judicial legislation.
iv. Composition
34
 Section 4. (1) 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.
v. Judicial Review
 The courts are vested with the
authority to test the validity of the
legislative and executive acts as to
their conformity with the
Constitution.
 A court with a power of judicial
review may invalidate laws, acts, and
governmental action that are
incompatible with the higher
authority.
 Elements
1) There must be an actual case or
justiciable controversy before the
Court
2) The question before the Court must
be ripe for adjudication
3) The person challenging the act must
be a proper party
4) The issue of constitutionality must
be raised at the earliest opportunity
and must be the very litis mota of the
case
b. Forms and Hierarchy of
Courts
i. Doctrine of Hierarchy
of Courts
- Will only be violated if
there’s a concurrent
jurisdiction
- Prohibits parties from
directly resulting in the
SC when relief may be
obtained from the lower
courts
- Determines the proper
venue or the choice of
forum where petitions for
certiorari, mandamus, and
prohibition should be
filed
ii. MTC, RTC, CA and
SC
 MTC (First Level Courts) – MeTC
(first level courts in Metropolitan
Manila); MTCC (Municipal Trial
Courts in Cities, courts in cities
outside Metro Manila); MTC
(Municipal Trial Courts covering one
municipality); MCTC (Municipal
Circuit Trial Courts, covers 2 or
more municipalities)
 RTC (Second Level Courts) –
established among the 13 judicial
regions in the PH consisting of
Regions I to XII and the NCR;
formerly called as the Court of First
Instance
 CA – considered as the 2nd highest
tribunal in the country; composed of
one presiding justice and 68
associate justices all of which are
appointed by the President from a
shortlist submitted by the Judicial
and Bar Council; qualifications to the
justices of SC also apply to members
of the CA (original, exclusive
original jurisdiction, exclusive
appellate jurisdiction)
 SC – both original and appellate
jurisdiction; has administrative
supervision over all courts and court
personnel (Sec. 6)
c. Quasi-judicial/Administrative
Tribunals
i. Nature – a non-
judicial body which
can interpret law; an
35
 entity like an
arbitration panel or
tribunal board that can
be a public
administrative agency
but also a private law
entity which has been
given powers and
procedures
resembling those of a
court of law or judge,
and which is obliged
to objectively
determine facts and
draw conclusions
from them to provide
the basis of an official
action
- EXAMPLES: SEC,
Board of Investments,
Bureau of Patents,
COMELEC, CSC, COA
(the decisions of these
bodies are appealed to an
appellate court)
ii. Forms
 Regular
 Special
 Collegiate
 Lower

36