Chapter 1

Constitution - The written instrument enacted by direct action of the people by which the fundamental powers of the government are established, limited and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefits of the body politic (Justice George A. Malcolm, SC Associate Justice 1917-1936) - The supreme law of the land to which all other laws must conform to (Cruz, 1996). 4 Regular constitutions 1. Malolos Constitution 2. 1935 Constitution 3. 1973 Constitution 4. 1987 Constitution 1943 Constitution was declared null and void. 1986 Constitution is provisional. Effects of declaration of unconstitutionality 1. Orthodox view- it confers no rights, imposes no duties, affords no protection, creates no office (CIAC) 2. Modern view- the courts simply refuse to recognize and determine the rights of the parties as if the statute has no existence Fundamental powers of the Philippine State 1. Police power of the state 2. Power of eminent domain 3. Power of taxation Doctrine of the separation of powers- intended to prevent a concentration of authority in just one person or a group of persons that might lead to an irreversible error or abuse in its exercise to the detriment of the republican institutions. Power of the legislature (CATEDPIG) power of the purse 1. Canvass the presidential elections 2. Appropriation 3. Taxation 4. Expropriation 5. Declare the existence of war 6. Propose constitutional amendment 7. Impeach 8. Give concurrence to treaties Executive department- power of the sword (CARMPBBID) 1. Control power 2. Appointing power 3. Removing power 4. Military power 5. Pardoning power 6. Budgetary power 7. Borrowing power 8. Informing power 9. Diplomatic power

Chapter 2
Senate- 24 members, 6 years term, half of which are elected every 3 years, cannot serve beyond 2 consecutive terms Revolutionary period- Malolos Congress American period- 1898-1935, Acts Commonwealth period- 1935-1941 Commonwealth Act Japanese period- null and void Commonwealth- 1945-1946 Commonwealth Act Third Philippine republic- 1946-1972 Republic Act Martial Law- 1972-1986 Presidential decree Interim and Regular Batasang Pambansa- 1978-1986 Batas Pambansa Fifth Philippine Republic- 1987-present Republic Act How a bill becomes a law A member of the Congress drafts the bill. A bill is filed with the Bills and Index Service. 3 days after its filing, the bill is included in the Order of Business for the first reading. The speaker refers the bill to the appropriate committees. The committee where the bill was referred to evaluates it and may decide to conduct public hearings. The bill is referred to the Rules Committee and the said committee will place it on the 2nd reading calendar or in the calendar of unassigned business. The Committee approves the Committee Report and formally transmits it to the Plenary Affairs Bureau. Bill is filed in the Bills and Index Service, included in the Order of Business and referred to the Committee on Rules. Bill is subject to debate and amendment. *A bill must undergo 3 readings in 3 separate days, except during public emergency. The engrossed bill is included in the calendar of bills for the 3rd reading, and Sec Gen reads the number and title of the bill. Nominal voting takes place. Approved bill is transmitted to other House. A Conference Committee reconciles differences in the bill and may introduce new provisions germane to the subject or report an entirely new bill on the subject. Bill is either passed through the signature of the president, through executive inaction (after 30 days), or the overriding of the Presidential veto by 2/3 of the vote of each house of the Congress.

Chapter 3
Bench, the body of judges taken collectively. Bar, the roll of attorneys of the SC. Judges are the presiding officers of lower courts. Justices, appellate court levels, higher courts. CTA- 3 divisions, 3 judges each Sandiganbayan-5 divisions, 3 justices each CA-23 divisions, 3 justices each Jurisdiction- the authority of the court to hear, try, and decide a case General jurisdiction- power to adjudicate all controversies except those expressly withheld by law Specific jurisdiction- refers to the restricted power to adjudicate a particular case and subject to such limits as may be provided by law Original jurisdiction- courts in the first instance Appellate jurisdiction- appeals Exclusive- that which has alone the power to try or determine the suit, action or matter in dispute Concurrent- that which may be entertained by several courts En banc- it refers to a session where the entire membership of a court will participate in the decision Forum-shopping- the filing of repetitious suits in different courts. Judgment or final orders of the court are appealable to the CA within 15 days from the notice of judgment. JURISDICTION OF RTC -assessed value of property is above 20,000 -civil actions in Metro Manila above 50,000 -imprisonment exceeding 6 years -intestate amounting above 200,000, and above 400,000 in Metro Manila JURISDICTION OF MTC -imprisonment not exceeding 6 years -intestate not exceeding 100,000, or in Metro Manila, not exceeding 200,000

Chapter 4
Law- a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority Administrative laws- includes executive orders issued by the President, the regulations issued by governmental regulatory agencies Four types of laws according to Aquinas 1. Eternal Law- laws of the universe 2. Divine Law- the revealed word of God 3. Natural Law- eternal law which we know by reason 4. Human Law- created by us for the purpose of carrying out natural law Statutes- enacted by the Philippine Congress Ordinance- refers to a law passed by the local government Hierarchy of laws- Consti, Statutes, Implementing Rules and Regulations, Court Decisions Common law- the body of law that develops and derives through judicial decisions as distinguished from legislative enactments. Private Law- governs the relationships among individual citizens Public Law- governs the relationship between the state and the people Civil law- is the form of private law and governs the relationships between individual citizens -is brought by the injured party for damage to his personal rights, person or property Criminal law- is an aspect of public law and relates to the conduct which the State considers with disapproval and which it seeks to control and/or eradicate. -is a suit that is brought by the government for violation or injury to the public rights Substantive law- crates, defines and regulates rights Procedural- method of enforcing rights

Chapter 5
Venue- the place where the case is to be heard or tried Jurisdiction is a matter of substantive law, venue, a matter of procedural law Real actions- are those brought for the protection of real rights, specific recovery of lands, tenements, or one founded on privity of estate only. Personal actions- are those brought for the specific recovery of goods and chattels Mixed actions- every mixed action is a real action In rem action- directed against the thing itself. In personam action- directed on a particular person. Quasi in rem action- directed against a particular person, but the purpose is to bar and bid not only said person but any other person who claims any interest in the property or right subject of the suit. Transitory action- venue depends upon the residence of the parties

Local action- for a real action Civil action- party sues another for the enforcement of a protection of a right Criminal action- state prosecutes a person for an act or omission punishable by law Special proceeding- is a remedy by which a party seeks to establish a status, a right, or a particular fact. Cause of action- is the act or omission by which a party violates a right of another Right of action- is the right to commence and maintain an action Classification of parties 1. Real party in interest- the party who stands to be benefitted or injured by the judgment in the suit, or the party entitled to the avails of the suit 2. Indispensable party- a person without whom no final determination can be had of an action 3. Proper party- a necessary property is one who is not indispensable but who ought to be joined as a party if complete relief is to be accorded as to those already parties, or for a complete determination or settlement of the claim subject of the action 4. Pro forma party- a husband or wife required to be joined in suits for or against his spouse 5. Quasi-parties- those in whose behalf a class or representative suit is brought 6. Representatives as parties- where the action is allowed to be prosecuted or defended by a representative 7. Indigent party- a party may be authorized to litigate his action, claim or defense as an indigent of the court, upon an ex parte application and hearing 8. Class suit- a number of persons sue or defend for the benefit of all Kinds of pleadings Pleadings- are the written statements of the respective claims and defences of the parties submitted to the court for appropriate judgment.

1. Complaint- is the pleading alleging the plaintiffs cause of action 2. Answer- a pleading in which a defending party sets forth his defenses
3. Defences- may be negative or affirmative 4. Counterclaim- any claim which a defending party may have against an opposing party 5. Compulsory counterclaim- one which, being cognizable by the regular courts of justice, arises out of or is connected with the transaction or occurrence constituting the subject matter of the opposing partys claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction 6. Cross-claim- is any claim by one party against a co-party 7. Reply- a pleading to deny, or allege the facts in denial or avoidance of new matters alleged by way of defense in the answer and thereby join or make issue as to such new matters Complaint-answer of respondent-reply of the plaintiff-rejoinder Parts of pleadings 1. Caption- sets forth the name of the court, the title of the action, and the docket number if assigned 2. Body- sets forth its designation, the allegations of the partys claims or defences, the relief prayed for, and the date of the pleading a. Paragraph b. Headings c. Relief d. Date 3. Signature and address- make sure the counsel and the party has read the pleading; that to the best of his knowledge, information and belief there is good ground to support it. (if contrary, counsel shall be subject to appropriate disciplinary action)

4. Verification- a pleading is verified by an affidavit that the affiant has read the pleading and that the
allegations therein are true and correct of his knowledge and belief 5. Certification against forum-shopping

Chapter 6
Requirements for admission to the bar 1. A citizen of the Philippines 2. At least 21 3. Of good moral character 4. A resident of the Philippines 5. Must produce before the SC satisfactory evidence of good moral character 6. No charges against him involving moral turpitude have been filed or are pending in any court in the Philippines Bar subjects 1. Political law- Constitutional Law, Public Corporations, and Public Officers 2. International Law- Private and Public 3. Labor and Social Legislation 4. Civil Law 5. Taxation 6. Mercantile Law 7. Criminal Law 8. Remedial Law- Civil Procedure, Criminal Procedure and Evidence 9. Legal Ethics

Chapter 7
Legal research- the search for authority that can be applied to a given set of facts and issues Legal analysis- is the process of determining how the law applies to the problem Types of legal authorities 1. Primary legal authorities- authorized statements of the law issued by government bodies, can either be mandatory or persuasive a. Mandatory- is an authority that the court must follow b. Persuasive- is one which the court may optionally follow; foreign jurisprudence 2. Secondary legal authorities- descriptions of, or commentaries to the law

Chapter 11
Law- is a body of rules of action or conduct prescribed by a controlling authority and has binding or legal force Statute- is an act of the legislature as an organized body politic, expressed in the form and passed according to procedure, require to constitute it as a part of the law of the land Bill- a written plan or draft for a proposed law when it is introduced in Congress Citation- formal references to the statutes that describe the law Code- the main body of statutes of the jurisdiction Engrossed bill- legislative body approves bill and sends it to the other house Enrolled bill- both houses have approved and has been sent to the president for signing Article 2- unless otherwise provided refers to time

Publication must be in full

Anatomy of statutes 1. Title 2. Enacting clause 3. Preamble- prefatory statement or explanation or a finding of facts, reciting the purpose, reason or occasion for making the law to which it is prefixed 4. Purview of the statute- tells what the law is all about 5. Separability clause- if a provision of the statute is proven to be unconstitutional, the other sections or provisions of the law shall not be affected thereby. 6. Repealing clause 7. Effectivity clause

Chapter 13
Case Law- is a general term for that great class of official literary manifestations of law made up of cases decided by the courts Stare Decisis can only be applied to SC decisions Ratio decidendi- reason for deciding Obiter dictum- it is an observation by a judge on a matter not specifically before the court or not necessary in determining the issue before the court Res judicata-that inconsistent judicial decisions shall not be made on the same set of facts, and that there be an end to litigation