INTRO TO LAW/STATUTORY CONSTRUCTION REVIEW

LAW as defined by St. Thomas Aquinas

- “Law is an ordinance of reason promulgated (made known to the public) by competent authority for the
welfare of the people.”
 Ordinance of reason - rules and norms of conduct based on experience
o Ex. Hayden Kho Case
 A lot of video scandal
 Past: We don’t have any laws prohibiting this
 Now: there is a law that prohibits documentation of sexual intercourse
o Ex. Plunder Case
 Past: We don’t have any plunder case
 Now: We already have one and we need budget proposals to regulate
 Competent authority - those who are vested by the people; the gov’t, Senate and House of
Representatives
o He who cares for the community
o They had been chosen to lead and govern the citizen
o During St. Thomas Aquinas’ time: Monarchs
 Welfare of the people - for the general good of all Filipino citizens
o It can benefit the people directly or indirectly

-Why does the law need to be promulgated? It is a part of due process to make people aware of the laws they need
to follow.

Hierarchy of Laws

ARTICLE 7. Laws are repealed only by subsequent ones, and their violation or non-observance shall not be
excused by disuse, or custom or practice to the contrary.
When the courts declare a law to be inconsistent with the Constitution, the former shall be void and the latter shall
govern.
Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or
the Constitution. (5a)

a) Constitution
- The fundamental law of the land
- Provides basic framework of our legal system
- It is authority of the highest order against which no other authority can prevail.
- Every official action, to be valid, must conform to it.
b) Law/Statutes
- Laws are passed by the legislatives. These are a system of rules
- Congress cannot provide every detail of the law.
c) Administrative or Executive Acts
- Authorized to implement the law.
- Issue the rules and regulations.
- For enforcement
d) Orders
e) Regulations
- Promulgated the rules and regulations that should not extend the law, or else void.

Hierarchy of Courts

SC –> CA / CTA / SANDIGAN –> RTC –> MTC

a) First Level Courts

- Each city and municipality in the Philippines have its own trial court.
- These First Level Courts are more commonly referred to as:
i. Metropolitan Trial Courts (MeTC)

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  The first level courts in the Metropolitan Manila area
ii. Municipal Trial Courts in Cities (MTCC)
 First level courts in cities outside Metropolitan Manila are referred to as the MTCCs
iii. Municipal Trial Court (MTC)
 The first level courts that cover only one municipality.
iv. Municipal Circuit Trial Courts (MCTC).
 MCTCs cover multiple municipalities.
b) Regional Trial Courts
- Second Level Courts.
- Established among the thirteen Judicial regions in the Philippines consisting of Regions I to XII and the
National Capital Region (NCR).
- There are as many Regional Trial Courts in each region as the law mandates.
- RTCs were formerly called as the Court of First Instance since the Spanish era.
- It was only in the Judiciary Reorganization Act of 1980 that its name was changed from being called the
Court of First Instance to Regional Trial Court.
c) Sandiganbayan
- Anti-graft court
- It has jurisdiction over criminal and civil cases involving graft and corrupt practices and such other offenses
committed by public officers and employees, including those in government-owned or controlled
corporations, in relation to their office as may be determined by law.
- The jurisdiction of the Sandiganbayan is perhaps one of the most often amended provision from the 1973
Constitution to Republic Act (R.A.) No. 8249.
- Before R.A. No. 8249, jurisdiction of the Sandiganbayan was determined on the basis of the penalty
imposable on the offense charged.
- Thereafter, it was amended such that regardless of the penalty, so long as the offense charged was committed
by a public officer, the Sandiganbayan was vested with jurisdiction.
- Under R.A. No. 8249, to determine whether the Sandiganbayan has jurisdiction, a person must look into two
(2) criteria, namely, the nature of the offense and the salary grade of the public official.
d) Court of Tax Appeals
- Created through the enactment of Republic Act No. 1125 (R.A. 1125)
- The Court of Tax Appeals is the special court of limited jurisdiction, and has the same level with the Court of
Appeals.
- The court consists of 8 Associate Justices and 1 Presiding Justice.
- The CTA may sit en banc or in three (3) divisions with each division consisting of three (3) Justices.
- Address the adjudication of appeals involving internal revenue tax and customs cases of the Commissioner of
Internal Revenue and the Commissioner of Customs, respectively.
e) Court of Appeals (Intermediate Appellate Court)
- Its principal mandate is to exercise appellate jurisdiction on all cases not falling within the original and
exclusive jurisdiction of the Supreme Court.
- Its decisions are final except when appealed to the Supreme Court on questions of law.
- Considered as the second highest tribunal in the country.
f) Supreme Court

Source: https://cacj-ajp.org/philippines/judiciary/description-of-courts/philippine-court-system/

Inherent Powers of the State

a) Police Power (for public good or welfare)
- is the power of promoting the public welfare by restraining and regulating the use of both liberty and
property of all the people.
- It may be exercised only by the government. The property taken in the exercise of this power is destroyed
because it is noxious or intended for a noxious purpose.
- It is considered to be the most all-encompassing of the three powers.
- It lies primarily in the discretion of the legislature.
- The President, and administrative boards as well as the law-making bodies on all municipal levels, including
the barangay may not exercise it without a valid delegation of legislative power.
- Municipal governments exercise this power by virtue of the general welfare clause of the Local Government
Code of 1991.
- Even the courts cannot compel the exercise of this power through mandamus or any judicial process.
- Exercised through legislations.

b) Power of Eminent Domain (for public use)

- Affects only property RIGHTS.
- It may be exercised by some private entities.
- The property forcibly taken under this power, upon payment of just compensation, is needed for conversion
to public use or purpose.

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 - The taking of property in law may include:
o trespass without actual eviction of the owner;
o material impairment of the value of the property; or
o prevention of the ordinary uses for which the property was intended.

- Taking of private property for public use but with payment of just compensation.
- E.g., if an individual doesn’t want to give up their property, the power eminent domain may be used against
them.

c) Power of Taxation (for revenue)

- Affects only property rights and may be exercised only by the government.
- The property taken under this power shall likewise be intended for a public use or purpose.
- It is used solely for the purpose of raising revenues, to protect the people and extend them benefits in the
form of public projects and services. Hence, it cannot be allowed to be confiscatory, except if it is intended
for destruction as an instrument of the police power. It must conform to the requirements of due process.
Therefore, taxpayers are entitled to be notified of the assessment proceedings and to be heard therein on the
correct valuation to be given the property. Itis also subject to the general requirements of the equal protection
clause that the rule of taxation shall be uniform and equitable.

-Do you need laws for these inherent powers to exist? No, because it is an INHERENT power.
-Wide-ranging power. With or without law, it has powers.
-Purpose: to serve us guidelines.

IN RE: JOAQUIN BORROMEO, 241 SCRA 405, A.M. NO. 93-7-696-0, 21 FEBRUARY 1995
 “It is said that a little learning is a dangerous thing; and that he who acts as his own lawyer has a fool for a
client”
 He is not a lawyer, but has read some law books
o Superficially possesses some knowledge of legal principles and rules
o 16 years; instituting proceedings
 Former Chief Justice Enrique Fernando: “with all valor of ignorance, he has the audacity to joust in litigations
and proceedings”
 Is also taken to account for knowingly spreading scurrilous statements against the Court, the officers, lawyers
and all those that are of his adversaries.
 There attacks on legal proceedings were generated by 3 transactions with 3 different banks:
1) Traders Royal Bank (TRB)
2) United Coconut Planters Bank (UCPB)
3) Security Bank and Trust Co. (SBTC)

 Failed to oblige in the contractual agreements

 Imposed his own terms & conditions
 Banks refused = lawsuits
 Not less that 50 cases/proceedings, throwing baseless & outlandish complaints & contentions to the Court.

Traders Royal Bank

- 1st mortgage of P45,000 to Socorro Thakuria (sister) and Teresita Lavarino
- 2nd mortgage of P10,000
- Obtained Trust Receipt 595/80 with a sum of P80,000 that will fail on July 22
- Failed to pay
- The lands were sold to TRB for an auction price of P73,529.09
- Borromeo wanted to redeem the land, but he only wants to pay the auction price only.
- Blas C. Abril (Manager) opposed and told Borromeo to settle his Trust Receipt account first.
- Managers: Blas C. Abril, Jacinto Jamero, Ronald Sy

United Coconut Planters Bank

- Loaned with a real estate mortgage of a 122-square meter commercial lot
- Sold to Samson K. Lao for P170,000 without the knowledge and consent of the UCPB
- Borromeo failed in the fulfillment of his obligations
- To prevent anymore delinquencies, Samson K. Lao made a loan with UCPB, offering the immovable as a
collateral
- UCPB agreed as long as Loa consolidates his ownership over the property = Borromeo opposed
- Cancellation of Lao’s application and commenced proceedings foreclose the mortgage constituted by
Borromeo over the property = lawsuits by Borromeo
- UCTB’s right to foreclosure was upheld with awards to moral damages, attorney’s fees, and litigation
expenses.

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Security Bank and Trust Co.
- Obtained 5 loans with a sum of P189,126.19
- Performance bond with Summa Insurance Corp. with a limit of P200,000
- Borromeo failed to discharge his contractual obligations.
- SBTC brought an action in the Cebu City RTC against Borromeo and Summa for collection.

ISSUE OF THE CASE: WON Borromeo is guilty of Contempt

RULING: Borromeo is found and declared GUILTY of constructive contempt in court repeatedly committed over
time, despite warnings and instructions given to him

DECS VS. SAN DIEGO, G.R. NO. 89572, 21 DECEMBER 1989

 “The issue before us is mediocrity. The question is whether a person who has failed the NMAT 3 times is
entitled to take it again.”
 Graduated from UE, BS Zoology
 Took the NMAT three times and failed the same number of times
 Went to RTC of Valenzuela to compel his admission to the test
 Grounds: Academic Freedom and Quality Education. (+ Due process and equal protection)
 Quality Education = Not absolute. According to the Constitution, we have the freedom to choose our
profession, but we need to satisfy academic requirements first.
 Equal protection = Not applicable. This is about equality among equals.
 Judge Teresita allowed him to take the test (failed)
 DECS (Former DepEd) was not happy with the decision because they have the MECS Order No. 12, Series of
1972
 In the end, the petition was granted. The decision of the respondent court was REVERSED

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