LPS 3101 Presentation

September 24, 2021
LAWver's Journey
SOURCES AND APPLICATION OF LAW

ANDRADA, ANTIPASADO, PONCE
BACKPACK NEEDS
LAWvers Journey
LAWvers Journey
1. ATTENTIVENESS AND
COOPERATION TABLETS
LAWvers Journey
2. KAHOOT SHOTS DEVICE
3. LAWver's KITS (Cases,
LAWvers Journey Article Provisions)

4. SELF LAWve
STARTING POINT
CODE HERE
TRAIL
LAWvers Journey
LAWvers Journey
1. RECAP
2. SOURCES OF LAW
LAWvers Journey
3. INTERPRETATION OF LAW
4. APPLICATION OF LAWS
LAWvers Journey 5.
6.
INSIDER
CASE UNLOCK
RECAP
RECAP
WHAT IS LAW?
RECAP
RECAP
any rule of action or norm
of conduct applicable to
all kinds of action and to
all objects of creation
RECAP
RECAP
WHAT IS LAW?
RECAP
RECAP
RULE OF CONDUCT
COMMON BENEFIT
JUST OBLIGATORY
LEGITIMATE AUTHORITY
SOURCES OF LAW SOURCES OF LAW SOURCES OF LAW SOURCES OF LAW
LEGISLATION
vested in the doctrine of separation
of powers embedded in the
Philippine Constitution
PRECEDENT
decisions or principles ruled by a
court of competent jurisdiction are
authorities to follow, not just guides
SOURCES OF LAW SOURCES OF LAW SOURCES OF LAW SOURCES OF LAW
CUSTOM
determined by society and its
requisites before the court
COURT DECISION
judicial decisions that are proof of
meaning and interpretations of the
law, but not laws
INTERPRETATION OF LAW
LEGAL MAXIMS & PRINCIPLES
INTRINSIC & EXTRINSIC AIDS
CODE HERE
via KAHOOT!
LAWver's trail
Ejusdem generis
is more or less “of the same kind" when a
law lists classes of persons or things, this
concept is used to clarify such a list
Expressio unius est

exclusio alterius
“the explicit mention of one (thing) is the
exclusion of another,”
Emancipation
refers to the relationship between child and
parent/guardian, where the latter is
divested of parental authority
Dura lex sed lex

“the law may be harsh, but it is the law.
Caveat emptor
“let the buyer beware”
Solutio indebiti
refers to the juridical relation which arises
whenever a person unduly delivers a thing
through mistake to another who has no
right to demand it.
Cessante ratione legis,

cessat lex ipsa
“when the reason for a law ceases, the law
itself ceases”
Donatio propter nuptias

“a gift on account of marriage”
LAWver's GUIDE
WHO INTERPRETS
ANYONE CAN
but not necessarily conclusive
nor binding in courts
JUDICIARY's task
A voluntary arbitrator by the nature of her functions acts in a
quasi-judicial capacity. There is no reason why her decisions
involving interpretation of law should be beyond this Court’s
review. Administrative officials are presumed to act in
accordance with law and yet we do not hesitate to pass upon
their work where a question of law is involved or where a
showing of abuse of discretion in their official acts is properly
raised in petitions for certiorari
MANTRADE FMMC DIVISION EMPLOYEES AND WORKERS UNION, PETITIONER,

V.
BACUNGAN RESPONDENTS
G.R. NO. L-48437. SEPTEMBER 30, 1986
LAWver's Kit
Court decides appeals which only involve questions of law and
that "it is not the function of the Supreme Court to analyze or
weigh such evidence all over again, its jurisdiction being limited
to receiving errors of law that might have been committed by the
lower court.
CONDE, PETITIONER,
V.
INTERMEDIATE APPELLATE COURT, RESPONDENTS
G.R. NO. 70443 SEPTEMBER 15, 1986
LAWver's Kit
LAWver's GUIDE
basic rules to interpretation
there should be amount of relevant evidence

which a reasonable mind might accept as
adequate to support a conclusion to prove
something before quasi-judicial bodies
if the law is super clear about what it is trying to

say, then there is no interpretation needed
LAWver's GUIDE
ways to interpretation
INTRINSIC AIDS
part of the law or act to make it clearer
EXTRINSIC AIDS
external matters which helps an act be into
its context
color me, LAWver!
INTRINSIC EXTRINSIC
PREAMBLE
TITLE POLICY
PUNCTUATION
LEGISLATIVE HISTORY LEGISLATIVE
BAR AND LEGAL OF STATUTE DEFINITION
COMMENTATORS
JUDICIAL EXECUTIVE CONTEMPORANEOUS
CONSTRUCTION CONSTRUCTION CIRCUMSTANCES
HEADING & LEGISLATIVE WORDS, PHRASES &
MARGINAL NOTES CONSTRUCTION SENTENCES
color me, LAWver!
INTRINSIC EXTRINSIC
PREAMBLE
TITLE POLICY
PUNCTUATION
LEGISLATIVE HISTORY LEGISLATIVE
BAR AND LEGAL OF STATUTE DEFINITION
COMMENTATORS
JUDICIAL EXECUTIVE CONTEMPORANEOUS
CONSTRUCTION CONSTRUCTION CIRCUMSTANCES
HEADING & LEGISLATIVE WORDS, PHRASES &
MARGINAL NOTES CONSTRUCTION SENTENCES
before
LAWver's GUIDE
TAKE NOTE!
EXTRINSIC AIDS
INSTRINSIC AIDS
APPLICATION OF LAWS
APPLICATION OF LAWS
APPLICATION OF LAWS
APPLICATION OF LAWS
COURT SHOULD DISCOVER THE REAL INTENT
AND PURPOSE OF THE LEGISLATURE
Court's duty to decide
Application of Law
Application of Law
Application of Law
Application of Law
every case
LAWver's Kits: Article 9, 10, 11, 12 of New Civil Code
judge cannot decline to

render judgment
Article 9
Application of Law
Application of Law
Application of Law
Application of Law
every case
LAWver's Kits: Article 9, 10, 11, 12 of New Civil Code
in case of
silence, obscurity or insufficiency of the
laws, arbitrator may be guided by:
customs which are not contrary to law, public order or public policy;
court decisions, foreign or local, in similar cases;
legal opinions of qualified writers and professors;
general principles of justice and equity; and
rules of statutory construction
Application of Law
Application of Law
Application of Law
Application of Law
every case
LAWver's Lingo
Nulla Poena Sine Lege

"no penalty without a law"
Application of Law
Application of Law
Application of Law
Application of Law
every case
LAWver's Lingo
Sine qua non

common sense; what is
turned to if a solution is
unable to be found
Application of Law
Application of Law
Application of Law
Application of Law
every case
LAWver's Lingo
Fallo
the final decree or judgment
given in a controversy at
law from which a writ of
execution is based
STATUTORY
Application of Law
Application of Law
Application of Law
Application of Law
CONSTRUCTION
LAWver's Kit: Caltex Philippines Inc. v Palomar,
L-19650, September 29, 1966
act or process of discovering and

expounding the meaning of the meaning and
intention of the authors of the law
STATUTORY
Application of Law
Application of Law
Application of Law
Application of Law
CONSTRUCTION
"the lesson that we derive from this state of the pertinent

jurisprudence is, therefore, that every case must be
resolved upon the particular phraseology of the applicable
statutory provision"
Caltex Philippines Inc. v Palomar,

L-19650, September 29, 1966
STATUTORY
Application of Law
Application of Law
Application of Law
Application of Law
CONSTRUCTION
LAWver's Lingo
noscitur a sociis
the term under a construction should be accorded
no other meaning than that which is consistent with
the nature of the word associated therewith
Caltex Philippines Inc. v Palomar,
L-19650, September 29, 1966
CONSTRUCTION DISTINGUISHED FROM INTERPRETATION CONSTRUCTION
despite having same purpose

- ascertain and give effect to
legislative intent, there is
distinction.

AIDS
INTERPRETATION - intrinsic
CONSTRUCTION - extrinsic

WHEN NECESSARY AND NOT NECESSARY TO
INTERPRET AND CONSTRUCT?
WHEN NECESSARY
LANGUAGE IS AMBIGUOUS, DOUBTFUL OR OBSCURE IN RELATION TO FACTS
WHEN NECESSARY AND NOT NECESSARY TO INTERPRET AND CONSTRUCT?
WHEN NOT NECESSARY

LAW SPEAKS IN CLEAR AND CATEGORICAL LANGUAGE
INSIDER INSIDER INSIDER IN
civil personality
extinguishment of civil personality
basics of law of property
FEW OF CIVIL CODE FEW OF CIVIL CODE FEW OF CIVIL CODE FEW OF CIV
CIVIL PERSONALITY
ARTICLE 40. Birth determines personality

ARTICLE 41. On Foetus
Article 1025. On Inheritance
FEW OF CIVIL CODE FEW OF CIVIL CODE FEW OF CIVIL CODE FEW OF CIV
EXTINGUISHMENT OF CIVIL
PERSONALITY
ARTICLE 42. Civil personality is
extinguished by death
RIGHTS AND OBLIGATIONS THEREAFTER;
Parental authority (Articles 214 and 220 of the Family Code)
Absolute community of property and/or conjugal partnership
property (Articles 99 and 126 of the Family Code)
Termination of Agency (Article 1919 of the Civil Code)
Penalty imposed by law for convicts (Article 89 of the Revised Penal
Code)
BASICS ON LAW OF PROPERTY BASICS ON LAW OF PROPERTY BASICS ON
RA 386 LAW OF PROPERTY

ARTICLE 414. DEFINITION OF PROPERTY
All things which are or may be the object of

appropriation are considered either:
Article 415. Immovable or real property; or

Article 416. Movable or personal property
basics on law of property
ARE OBLIGATIONS, ACTIONS AND

SHARES OF STOCK, A PERSONAL
PROPERTY?
ARTICLE 417. The following are also considered as
personal property:
(1) Obligations and actions which have for their object

movables or demandable sums; and
(2) Shares of stock of agricultural, commercial and
industrial entities, although they may have real estate.
ARTICLE 418. Movable property is either consumable or

nonconsumable
CASE UNLOCK CASE UNLOCK
FRANCISCO CHAVEZ VS. JUDICIAL AND BAR COUNCIL
GR NO.202242, JULY 17, 2012
LAWver's Kit
FACTS FACTS FACTS FAC
In 1994, the composition of the Judicial and B ar
Council was substantially altered.
From having seven (7) members, an eight h
(8th) member was added where two (2)
representatives from Congress began s i t t i ng
having one-half (1/2) of vote.
In separate meetings held in 2000 and 2001,
decided to allow the representatives from t he
Senate and the House of Representatives one
full vote.

GR NO.202242, JULY 17, 2012
PETITIONER'S POINTS:
Article VIII, Section 8, Paragraph 1 is clear,
definite and needs no interpretation.
The framers of the Constitution clearly

envisioned, contemplated and decided on a JB C
composed of only seven (7) members,
Had the framers of the Constitution intended

otherwise, they could have easily said so as
they did in the other provisions of the
Constitution.

GR NO.202242, JULY 17, 2012
PETITIONER'S POINTS:
The composition of the JBC providing for t hree
ex-officio members is purposely designed for a
balanced representation of each of the t hree
branches of the government.
One of the two (2) members of the JBC from

Congress has no right (not even ½ right) t o si t
in the said constitutional body and perform t he
duties and functions of a member thereof.
The JBC cannot conduct valid proceedings as

its composition is illegal and unconstitut i onal .
GR NO.202242, JULY 17, 2012
RESPONDENTS' POINTS:
According to them, the crux of the cont roversy

is the phrase "a representative of Congress."
The House of Representatives, without the

Senate and vice-versa, is not Congress.
Bicameralism, as the system of choice by t he

Framers, requires that both houses exerci se
their respective powers.

GR NO.202242, JULY 17, 2012
ISSUES ISSUES ISSUES IS
1. Whether or not the conditions sine qua non for
the exercise of the power of judicial revi ew have
been met in this case;
2. Whether or not the current practice of the JB C
to perform its functions with eight (8)
members, two (2) of whom are members of
Congress, runs counter to the letter and spi ri t of
the 1987 Constitution.

GR NO.202242, JULY 17, 2012
RULING RULING RULING R
RULING RULING RULING R 1. Yes. The Courts’ power of judicial review i s
subject to several limitations,
2. Yes. The current numerical composition of t he
Judicial and Bar Council is declared
UNCONSTITUTIONAL.

GR NO.202242, JULY 17, 2012
DISSENTING
DISSENTING ABAD, ROBERTO
MAIN QUESTION OF CONCERN:
DISSENTING
whether or not each of the Senate
DISSENTING and the House of Representatives
is entitled to one representative in
the Judicial and Bar Council (JBC),
both with the right to vote
independently like its other
FRANCISCO CHAVEZ VS. JUDICIAL
members
AND BAR COUNCIL
GR NO.202242, JULY 17, 2012
DISSENTING OPINION DISSENTING OPINION DISSENTING OPINION DISSEN
To insist only one member of

Congress, is to ignore the fact that
they are separate and distinct
ABAD, ROBERTO

Those who drafted Section 8(1) did

not intend to limit the term
"Congress" to just either of the two
Houses.
ABAD, ROBERTO

under the rules of the Senate, the Chairman of

its Justice Committee is automatically the
Senate representative to the JBC and the
Chairman of its Justice Committee is the
House representative to the JBC
ABAD, ROBERTO

Allowing a Senator and a Congressman to sit

alternately at any one time cannot be a
solution since each of them would actually be
representing only his half of Congress.
ABAD, ROBERTO

it is not partisan politics per se that Section

8(1) intends to remove from the appointment
process in the judiciary, but partisan
domination of the sam
ABAD, ROBERTO

But this fear is unwarranted. The lawmakers

hold only two positions in that eight-man
body. This will not give them greater power
than the other six members have.
ABAD, ROBERTO

the presence of an elected Senator and an

elected member of the House of
Representatives in the JBC is more consistent
with the republican nature of our government
ABAD, ROBERTO

PRINCIPLES & MAXIMS APPLIED?
Verba legis non est recedendum

noscitur a sociis
doctrine of operative fact

GR NO.202242, JULY 17, 2012
Certified LAWver
QUESTIONS?
LAWVER'S JOURNEY FINISH LINE
LAWMAZING! ANDRADA
THANK YOU! ANTIPASADO
PONCE

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September 24, 2021

SOURCES AND APPLICATION OF LAW

LAWvers Journey Article Provisions)

Expressio unius est

Dura lex sed lex

Cessante ratione legis,

Donatio propter nuptias

MANTRADE FMMC DIVISION EMPLOYEES AND WORKERS UNION, PETITIONER,

there should be amount of relevant evidence

if the law is super clear about what it is trying to

judge cannot decline to

Nulla Poena Sine Lege

Sine qua non

act or process of discovering and

"the lesson that we derive from this state of the pertinent

Caltex Philippines Inc. v Palomar,

despite having same purpose

CONSTRUCTION DISTINGUISHED FROM INTERPRETATION CONSTRUCTION

CONSTRUCTION DISTINGUISHED FROM INTERPRETATION CONSTRUCTION

WHEN NECESSARY AND NOT NECESSARY TO INTERPRET AND CONSTRUCT?

WHEN NOT NECESSARY

ARTICLE 40. Birth determines personality

RA 386 LAW OF PROPERTY

All things which are or may be the object of

Article 415. Immovable or real property; or

ARE OBLIGATIONS, ACTIONS AND

(1) Obligations and actions which have for their object

ARTICLE 418. Movable property is either consumable or

FRANCISCO CHAVEZ VS. JUDICIAL AND BAR COUNCIL

The framers of the Constitution clearly

Had the framers of the Constitution intended

FRANCISCO CHAVEZ VS. JUDICIAL AND BAR COUNCIL

One of the two (2) members of the JBC from

The JBC cannot conduct valid proceedings as

According to them, the crux of the cont roversy

The House of Representatives, without the

Bicameralism, as the system of choice by t he

FRANCISCO CHAVEZ VS. JUDICIAL AND BAR COUNCIL

FRANCISCO CHAVEZ VS. JUDICIAL AND BAR COUNCIL

FRANCISCO CHAVEZ VS. JUDICIAL AND BAR COUNCIL

To insist only one member of

DISSENTING OPINION DISSENTING OPINION DISSENTING OPINION DISSEN

Those who drafted Section 8(1) did

DISSENTING OPINION DISSENTING OPINION DISSENTING OPINION DISSEN

under the rules of the Senate, the Chairman of

DISSENTING OPINION DISSENTING OPINION DISSENTING OPINION DISSEN

Allowing a Senator and a Congressman to sit

DISSENTING OPINION DISSENTING OPINION DISSENTING OPINION DISSEN

it is not partisan politics per se that Section

DISSENTING OPINION DISSENTING OPINION DISSENTING OPINION DISSEN

But this fear is unwarranted. The lawmakers

DISSENTING OPINION DISSENTING OPINION DISSENTING OPINION DISSEN

the presence of an elected Senator and an

DISSENTING OPINION DISSENTING OPINION DISSENTING OPINION DISSEN

Verba legis non est recedendum

FRANCISCO CHAVEZ VS. JUDICIAL AND BAR COUNCIL

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