Philippine Legal Research

By Milagros Santos-Ong

Milagros Santos-Ong is Director of Library Services for the Supreme Court of the
Philippines.

Publishe !uly "##$


%able of Contents
&. 'ntrouction
". Political Structure
(. )overnment Structure
(.& *+ecutive Branch
(." Legislative Department
(.( !uicial System
(., Constitutional Commissions
(.$ Local )overnments
(.- Other )overnment .gencies
,. Legal System
,.& /ature of the Philippines Legal System
,." Sources of La0
$. Legal Research
$.& Research of Statute La0
$." Research of Case La0
-. Legal Profession
-.& La0 Schools
-." Bar .ssociations
1. Legal Bibliography
2. Legal Sources
2.& *lectronic Sources
2." Philippine Legal Publishers

&. 'ntrouction
%he Philippines is an archipelago of 13&#1 islans 0ith a lan area of "4431,# s5.
6ilometers. 't is surroune by the Pacific Ocean on the east3 South China Sea on the
/orth an the 7est an the Celebes Sea on the South. %his comprises the /ational
%erritory of the Philippines. .rticle ' of the &421 Constitution provies that the 8national
territory comprises the Philippine archipelago3 0ith all the islans an 0aters embrace
therein an all other territories 0hich the Philippines has sovereignty or 9urisiction.8

%he :ilipino culture 0as mole over more than a hunre ethnic groups consisting of
4&; Christian Malay3 ,; Muslim Malay3 &.$; Chinese an (; others. .s of the last
national census3 the population of the Philippines is -.$ million.

:ilipino is the national language <&421 Constitution3 .rt. ='>3 sec. -?. @o0ever3 :ilipino
an *nglish are the official languages for the purpose of communication an instruction
<.rt. ='>3 sec 1?. %here are several ialects or regional languages spo6en throughout the
ifferent islans of the country3 but there are eight ma9or ialects3 0hich inclue
Bicolano3 'longo3 Pampango3 Pangasinense an 7aray.

%here are t0o religions the countryA Christianity an 'slam. Christianity3 more
particularly Catholicism3 is practice by more than 2#; of the population. 't 0as
introuce by Spain in &$"&. %he Protestant religion 0as introuce by .merican
missionaries.

.glipay3 or the Philippine 'nepenent Church3 an the 'glesia ni Bristo are t0o :ilipino
inepenent churches. Other Christian religious organiCations li6e the *l Shaai3 an
D!esus is LorD have been establishe an have a great influence to the nation.

Religion has a great influence in the legal system of the Philippines. :or the Muslim or
'slamic religion3 a special la03 the Coe of Muslim Personal La0s3 0as promulgate an
special courts 0ere establishe3 the ShariDa courts.

". Political Structure
%he Constitution is the funamental la0 of the lan. Pursuant to the &421 Constitution3
uly ratifie in a plebiscite hel on :ebruary "3 &4213 the present political structure of the
Philippines 0as efine.

%he &421 Constitution provies that the Philippines is a emocratic an republican state
0here sovereignty resies in the people an all government authority emanates from
them <.rticle ''3 section &?.

(. )overnment Structure
%he government structure iffers as one goes through the history of the Philippines3
0hich may be categoriCe as follo0sA a? Pre-SpanishE b?. Spanish perioE c?. .merican
perioE ?. !apanese perioE e?. RepublicE an f?. Martial La0 Perio

a? Pre-Spanish <before &$"&?
%he Barangays or inepenent communities 0ere the unit of government structures
before Spain coloniCe the Philippines. %he hea of each barangay 0as the Datu. @e
governs the barangays using native rules 0hich are customary an un0ritten. %here 0ere
t0o coes uring this perioA the Maragtas Coe issue by Datu Suma60el of Panay
'slan an the Coe of Balantiao issue by Datu Balantiano in &,((. %he e+istence of
these coes is 5uestione by some historians.

!ust li6e many ancient societies3 trial by oreal 0as practice.

b?. Spanish perio <&$"&-&242?
%he Spanish perio can be trace from the time Magellan iscovere the Philippines
0hen he lane on Mactan 'slan <Cebu? on March &-3 &$"&. Royal ecrees3 Spanish
la0s3 anFor special issuances of special la0s for the Philippines 0ere e+tene to the
Philippines from Spain by the Spanish Cro0n through the councils. %he chief legislator
is the governor-general 0ho e+ercises legislative functions by promulgating e+ecutive
ecrees3 eicts or orinances 0ith the force of la0. %he royal .uencia3 or Spanish
Supreme Court3 in the Philippines also e+ercise legislative functions 0hen la0s are
passe in the form of autos accoraos. Mel5uiaes )ambao3 in his boo6 entitle 8 .n
'ntrouction to Philippine La08 <1th e3 &4-4?3 liste the most prominent la0s in this
perioA :uero !uCgo3 :uero Real3 Las Siete Partias3 Leyes e %oros3 /ueva Recapilacion
e las Leyes e 'nias an the /ovisima Recopilacion. Some of these la0s 0ere also in
force in other Spanish colonies. La0s in force at the en of the Spanish rule in &242 are
as follo0sA Coigo Penal e &21#3 Ley Provisional para la .plicaciones e las
Dispociciones el Coigo Penal en las 'slas :ilipinas3 Ley e *n9uciamento Criminal3
Ley e *n9uciameniento Civil3 Coigo e Comercio3 Coigo Civil e &2243 Ley
@ipotecaria3 Ley e Minas3 Ley /otarial e &2-"3 Rail0ay La0 of &2113 La0 of
:oreigners for Gltramarime Provinces an the Coe of Military !ustice. Some of these
la0s remaine in force even uring the early .merican perio anFor until Philippine
la0s 0ere promulgate.

'n bet0een the Spanish an the .merican perio is 0hat Philippine historians consier
the first Philippine Republic. %his 0as 0hen )eneral *milio .guinalo proclaime the
Philippine 'nepenence in Ba0it 3 Cavite on !une &"3 &242. %he Malolos Congress also
6no0n as .ssembly of the Representatives3 0hich can be consiere as revolutionary in
nature3 0as convene on September &$3 &242. %he first Philippine Constitution3 the
Malolos Constitution 0as approve on !anuary "#3 &244. . Republic3 although 0ith e
facto authority3 0as in force until the start of the .merican Sovereignty 0hen the %reaty
of Paris 0as signe on December &#3 &242.

c? .merican perio <&242-&4,-?
%he start of this perio can be trace from the time Spain cee the Philippines to the
Gnite States after the signing of the %reaty of Paris on December &#3 &242. . Military
government 0as organiCe 0ith the military governor as the chief e+ecutive e+ercising
e+ecutive3 legislative an 9uicial functions. Legislative function 0as transferre to the
Philippine Commission in &4#& 0hich 0as create by the Gnite States Presient as
commaner-in-chief of the .rme forces an later ratifie by the Philippine Bill of &4#".
%his same Bill provie for the establishment of the :irst Philippine .ssembly 0hich
convene on October &-3 &4#1. %he !ones la0 provie for the establishment of a
bicameral legislative boy on October &-3 &4&-3 compose of the Senate an the @ouse
of Representatives.

%he Gnite States Constitution 0as recogniCe until the promulgation of the Philippine
Constitution on :ebruary 23 &4($3 signe by G.S. Presient :ran6lin Delano Roosevelt
on March "(3 &4($ an ratifie at a plebiscite hel on May &,3 &4($.

%he organic la0s that governe the Philippines uring this perio 0ereA Presient
McBinleyDs 'nstruction to the Secon Philippine Commission on .pril 13 &4##E Spooner
.menment of &4#&E Philippine Bill of &4#"E !ones La0 of &4&- an the %yings
McDuffie La0 of May &3 &4(,. %he later la0 is significant for it allo0e the
establishment of a Common0ealth government an the right to promulgate its o0n
Constitution. %he &4($ Constitution initially change the legislative system to a
unicameral system. @o0ever3 the bicameral system 0as restore pursuant to the &4,#
Constitutional amenment. %he Common0ealth government is consiere as a transition
government for ten years before the granting of the Philippine inepenence. Cayetano
.rellano 0as installe as the first Chief !ustice in &4#&. %he ma9ority of the !ustices of
the Philippine Supreme Court 0ere .mericans. Decisions renere by the Supreme Court
of the Philippines 0ere appeale to the Gnite States Supreme Court3 0hich 0ere
reporte in the Gnite States Supreme Court Reports.

Manuel L. HueCon an Sergio Osmena 0ere electe as Presient an >ice-Presient
respectively uring the September &,3 &4($ elections. 'n this election3 Presient HueCon
0on over )eneral *milio .guinalo an Bishop )regorio .glipay3 the Presient of the
:irst Philippine Republic <&242? an the hea of the .glipayan church respectively. %his
Common0ealth government 0ent into e+ile in 7ashington DC uring the !apanese
perio from May &(3 &4," to October (3 &4,,. Presient Manuel L. HueCon ie on
.ugust &3 &4,, an 0as succeee by Presient Sergio Osmena 0ho brought bac6 the
government to Manila on :ebruary "23 &4,$.

?. !apanese perio <&4,&-&4,,?
%he invasion of the !apanese forces 0hen Clar6 :iel3 an .merican military airbase in
Pampanga3 0as bombe on December 23 &4,&3 mar6e the start of the !apanese perio
0hich laste for three years. . !apanese Republic 0as establishe 0ith !ose P. Laurel as
its Presient. %his perio 0as consiere as a military rule by the !apanese 'mperial
.rmy. %he &4,( Constitution 0as ratifie by a special national convention of the
Bapisanan sa Pagliling6o ng Bagong Pilipinas <B.L'B.P'?. %his perio ene in
&4,, 0ith the efeat of the !apanese forces.

e?. Republic perio <&4,--&41"?
!uly ,3 &4,- is the inauguration of Philippine inepenence. . Philippine Republic 0as
born. . republic means a government by the people an sovereignty resies in the entire
people as a boy politic. %he provisions of the &4($ Constitution provie for the
establishment of three co-e5ual branches of government. *+ecutive po0er rests in the
Presient3 legislative po0er in t0o @ouses of Congress an 9uicial po0er in the
Supreme Court3 an inferior courts. Separation of po0ers is recogniCe.

*fforts to amen the &4($ Constitution starte on .ugust ",3 &41# 0ith approval of
Republic .ct /o. -&(" 0here (&# elegates 0ere electe on /ovember &#3 &41#. On
!une &3 &41&3 the Constitutional Convention met. 7hile it 0as still in session3 Presient
:erinan *. Marcos eclare Martial La0 on September &&3 &41". %he Constitutional
Convention complete the raft Constitution on /ovember "43 &41". 't 0as submitte
for ratification through citiCensD assemblies on !anuary &13 &41(. %his is 6no0n as the
&41( Constitution.

f?. Martial La0 Perio <&41"-&42-?.

%he Congress of the Philippines 0as abolishe 0hen Martial La0 0as eclare on
September &&3 &41". %he Martial La0 perio 0as governe by the &41( Constitution
0hich establishe a parliamentary form of government. *+ecutive an legislative po0er
0ere merge an the Chief *+ecutive 0as the Prime Minister 0ho 0as electe by
ma9ority of all members of the /ational .ssembly <Parliament?. %he Prime Minister ha
the po0er to avise the Presient. %he Presient is the symbolic hea of state. %his
parliamentary government 0as never implemente ue to the transitory provision of the
&41( Constitution. Military tribunals 0ere establishe. .menments to the Constitution
0ere mae 0herein by virtue of amenment /o. (3 the po0ers of the Presient an the
Prime Minister 0ere merge into the incumbent Presient :erinan *. Marcos.
.menment /o3 - authoriCe Presient Marcos to continue e+ercising legislative po0ers
until Martial la0 is in effect. .menment /o. 1 provie for the barangays as the
smallest political subivision an the sanggunians3 or councils. %he &42& amenment
introuce the moifie presientialFparliamentary system of government of the
Philippines. %he Presient shall be electe by the people for a term of si+ years 0hile the
Prime Minister shall be electe by a ma9ority of the Batasang Pambansa <Parliament?
upon the nomination of the Presient. @e 0as the hea of the Cabinet an ha
supervision over all the ministries.

Proclamation /o. "#,$ <&42&? lifte Martial La0 an abolishe Military tribunals.
*lections 0ere hel on !une &-3 &42& an Presient Marcos 0as re-electe into office as
Presient. %he constitution 0as again amene in &42, an a plebiscite 0as hel on
!anuary "13 &42, pursuant to Batas Pambansa Blg -,( <&42,?. *lections 0ere hel on
May &,3 &42, for the &2( elective seats in the "## member Batasang Pambansa.

'mpeachment resolution by $1 members of the opposition 0ere file against Presient
Marcos but 0ere ismisse. . special presiential election3 popularly 6no0n as Snap
*lection3 0as calle by Presient Marcos on /ovember (3 &42$ an 0as hel on
:ebruary 13 &42-. %he /ational Movement for :ree *lections3 or /.M:R*L3 results
sho0e that CoraCon .5uino le by over a million. @o0ever the Batasang Pambansa
eclare that :erinan *. Marcos an .rturo M. %olentino 0on over CoraCon .5uino
an Salvaor Laurel as Presient an >ice-Presient respectively. %his event le to the
People Po0er revolution3 0hich ouste Presient Marcos on :ebruary "$3 &42-.

g?. Republic Revival <&42--present?

%he Republic perio 0as revive after the blooless revolution popularly 6no0n as
People Po0er or the *DS. Revolution.

CoraCon C. .5uino an Salvaor @. Laurel too6 their oath of office as Presient an
>ice Presient of the Philippine Republic on :ebruary "$3 &42-. Proclamation /o. & 0as
promulgate 0here in she an her >ice Presient too6 po0er in the name an by the 0ill
of the :ilipino people. Proclamation /o. ( <&42-? provie for a ne0 government an a
Provisional Constitution or :reeom Constitution 0as aopte. . Constitutional
Commission 0as constitute by virtue of .rticle > of the Provisional Constitution an
Proclamation /o. 4. %he Constitutional Commission3 compose of ,2 members3 0as
manate to raft a Constitution. .fter &(( ays3 the raft constitution 0as submitte to
the Presient on October &$3 &42- an ratifie by the people in a plebiscite hel on
:ebruary "3 &421. Gner the transitory provision of the &421 Constitution3 the Presient
an >ice Presient electe in the :ebruary 13 &42- elections 0ere given a si+ year term of
office until !une (#3 &44". Congressional elections 0ere hel on May &&3 &421. %he
Republican form of government 0as officially revive 0hen the &421 Constitution 0as
ratifie an Congress 0as convene in &421. Legislative enactments again reste in the
Congress. Republic .cts 0ere again issue by Congress3 the number of 0hich too6 off
from the last number use before Martial La0 0as eclare. %he number of Republic
.cts continue from the number last use before Martial La0 <Republic .ct /o. --($
<&41"? an Republic .ct /o. --(- <&421?.

%he Philippines once again became a Republic by virtue of the &421 Constitution. %he
same type of republican form of government prior to Martial la0 0as establishe 0ith
three co-e5ual branches 0ere organiCe3 *+ecutive3 Legislative an the !uiciary.

(.& *+ecutive Branch
%he Presient is veste 0ith the e+ecutive po0er. <.rt. >''3 sec. &?. %he Presient is both
the Chief of State <hea of government? an the Commaner-in-Chief of all the .rme
:orces of the Philippines <.rt. >''3 sec. &2?. Since &242 0hen the :irst Philippine
Republic 0as establishe3 the Philippines has ha thirteen <&(? Presients.

%he other members of the *+ecutive Branch are the >ice-Presient an the @eas of
*+ecutive Departments or Cabinet members.

%he follo0ing are the Departments uner the *+ecutive BranchA
Department of .grarian Reform
Department of .griculture
Department of Buget an Management
Department of *ucation
Department of *nergy
Department of *nvironment an /atural Resources
Department of :inance
Department of :oreign .ffairs
Department of @ealth
Department of 'nterior an Local )overnment
Department of !ustice
Department of Labor an *mployment
Department of /ational Defense
Department of Public 7or6s an @igh0ays
Department of Science an %echnology
Department of %ourism
Department of %rae an 'nustry
Department of Social 7elfare an Development
Department of %ransportation an Communications

%here are specific bureaus an offices irectly uner the Office of the Presient.

Both the Presient an the >ice-Presient are electe by irect vote of the :ilipino people
for a term of si+ years. %he Presient is not eligible for a reelection 0hile the >ice
Presient cannot serve for more than t0o terms. Congress is empo0ere to promulgate
rules in the canvassing of certificates of election. Both may be remove from office by
impeachment <.rt. =' sec. "? to be initiate by the @ouse of Representatives <.rt. ='3
sec3 (? an trie an ecie by the Senate <.rt. ='3 sec3 ( <-??. %he Cabinet members are
nominate by the Presient3 sub9ect to the confirmation of the Commission on
.ppointments <.rt. >''3 sec3 &-? 0hich consists of the Presient of the Senate3 as e+
officio Chairman3 t0elve Senators an t0elve members of the @ouse of Representatives.
<.rt. >'3 sec. &?

%he Presient e+ercises control over all the e+ecutive epartments3 bureaus an offices
<.rt. >'3 sec3 &1?.

(." Legislative Department
Legislative po0er is veste in the Congress of the Philippines3 consisting of the Senate
an the @ouse of Representatives <.rt. >'3 sec. &?. @istory has provie that the
legislative structure has unergone numerous changes. %o better appreciate its transition3
the Philippine Senate has provie a etaile account an is foun on its 0ebsite.

Senate of the Philippines
%he Senate is compose of t0enty four <",? Senators 0ho are electe at large by
5ualifie voters 0ho serve for a term of not more than si+ <-?. /o Senator may be
electe for more than t0o consecutive terms. <.rt >'3 sec. ,?. %he Senate is le by the
Senate Presient3 Pro %empore3 Ma9ority Leaer an the Minority Leaer. %he Senate
Presient is electe by ma9ority vote of its members. %here are thirty si+ <(-? permanent
committees an five <$? oversight committees. %he sole 9uge of contests relating to
election3 returns an 5ualifications of members of the Senate rests 0ith the Senate
*lectoral %ribunal <S*%? 0hich is compose of nine members3 three of 0hom are
!ustices of the Supreme Court an si+ members of the Senate. <.rt. >'3 sec. &1?.

@ouse of Representatives
%he @ouse of Representatives is compose of not more than t0o hunre fifty <"$#?
members3 electe by legislative istricts for a term of three years /o representative shall
serve for more than three consecutive terms. %he party-list representatives3 0ho come
from registere national3 regional an sectional parties an organiCations3 shall constitute
t0enty percent <"#;? of the total number of representatives. %he officials of the @ouse
are the Spea6er of the @ouse3 Deputy Spea6er for LuCon3 Deputy Spea6er for >isayas3
Deputy Spea6er for Minanao3 Ma9ority Leaer3 an Minority Leaer. %he Spea6er of
the @ouse is electe by ma9ority vote of its members. %here are fifty seven <$1? staning
committees an si+teen <&-? special committees. %he sole 9uge of contests relating to
election3 returns an 5ualifications of members of the @ouse of Representatives rests 0ith
the @ouse of Representatives *lectoral <@R*%? %ribunal 0hich is compose of nine
members3 three of 0hom are !ustices of the Supreme Court an si+ members of the
Senate.<.rt. >'3 sec. &1?.

(.( !uicial System
SOGRC*A "##" Revise Manual of Cler6s of Court. Manila3 Supreme Court3 "##"E.
OrganiCational Chart of each type of Court is available in this Manual. OrganiCational
set-up of each Court is also foun in this Manual.

!uicial po0er rests 0ith the Supreme Court an the lo0er courts3 as may be establishe
by la0 <.rt. >'''3 sec. &?. %he 9uiciary en9oys fiscal autonomy. 'ts appropriation may
not be reuce by the legislature belo0 the appropriate amount the previous year <.rt.
>'''3 sec. "?. %he Rules of Court of the Philippines as amene an the rules an
regulations issue by the Supreme Court efine the rules an proceures of the !uiciary.
%hese rules an regulations are in the form of .ministrative Matters3 .ministrative
Orers3 Circulars3 Memoranum Circulars3 Memoranum Orers an OC. Circulars. %o
inform the members of the !uiciary3 legal profession an the public of these rules an
regulations3 the Supreme Court circulariCes this rules an regulations to all courts3
publishes important ones in ne0spapers of general circulation3 prints in boo6 or pamphlet
form an no0 o0nloas them in the Supreme Court 0ebsite.

Department of !ustice .ministrative Orer /o. &-" ate .ugust &3 &4,- provie for
the Canon of !uicial *thics. Supreme Court of the Philippines promulgate a ne0 Coe
of !uicial Conuct for the Philippine !uiciary effective !une &3 "##, <..M. /o. #(-#$-
#&-SC?3 publishe in t0o ne0spapers of general circulation on May (3 "##, <Manila
Bulletin I Philippine? an available on its 0ebsite.

%he Supreme Court promulgate on !une "&3 &422 the Coe of Professional
Responsibility for the legal profession. %he raft 0as prepare by the Committee on
Responsibility3 Discipline an Disbarment of the 'ntegrate Bar of the Philippines.

. Coe of Conuct for Court Personnel <..M. /o. #(-#--&(-SC? 0as aopte on .pril
&(3 "##,3 effective !une &3 "##,3 publishe in t0o ne0spapers of general circulation on
.pril "-3 "##, <Manila Bulletin I Philippine? an available at its 0ebsite.

Supreme Court of the Philippines
%he Royal .uencia 0as establishe on May $3 &$2(. 't 0as re-establishe as the present
Supreme Court on !une &&3 &4#& 0ith Cayetano .rellano as the first Chief !ustice an
associate 9ustices3 the ma9ority of 0hom 0ere .merican. :ilipiniCation of the Supreme
Court starte only uring the Common0ealth3 &4($. .ministrative Coe of &4&1
provie for a Supreme Court 0ith a Chief !ustice an eight associate !ustices. 7ith the
ratification of the &4($ Constitution3 the membership 0as increase to && 0ith t0o
ivisions of five members each. %he &41( Constitution further increase its membership
to &$ 0ith t0o <"? ivisions.

Pursuant to the provisions of the &421 Constitution3 the Supreme Court is compose of a
Chief !ustice an fourteen .ssociate !ustices 0ho shall serve until the age of seventy
<1#?. %he Court may sit *n Banc or in its three <(? ivisions compose of five members
each. . vacancy must be fille up by the Presient 0ithin ninety <4#? ays of
occurrence.

.rticle >'''3 sec. , <"? e+plicitly provies for the cases that must be hear *n Banc an
sec. , <(? for cases that may be hear by ivisions. <Constitution3 .rt. >'''3 sec. ,3 par.&?
!uiciary ReorganiCation .ct of &42# transferre from the Department of !ustice to the
Supreme Court the aministrative supervision of all courts an their personnel. %his
0as affirme by .rt. >'''3 sec. - of the &421 Constitution.

Constitution3 .rt. >'''3 sec. $3 %he Supreme Court e+ercises the follo0ing po0ersA

*+ercise 9urisiction over cases affecting ambassaors3 other public ministers an
consuls3 an over petitions for certiorari3 prohibition3 manamus3 5uo 0arranto3 an
habeas corpus.
Revie03 revise3 reverse3 moify3 or affirm on appeal or certiorari3 as the la0 or the Rules
of Court may provie final 9ugments an orers of lo0er courts inA
o .ll cases ion 0hich the constitutionality or valiity of any treaty3 international or
e+ecutive agreement3 la03 presiential ecree3 proclamation3 orer3 instruction3
orinance3 or regulation is in 5uestion.
o .ll cases involving the legality pf any ta+3 impost3 assessment3 or toll3 or any
penalty impose in relation thereto.
o .ll cases in 0hich the 9urisiction of any lo0er court is in issue.
o .ll criminal cases ion 0hich the penalty impose is reclusion perpetua or higher.
o .ll cases in 0hich only an error or 5uestion of la0 is involve.
.ssign temporarily 9uges of lo0er court to other stations as public interest may re5uire.
Such temporary assignment shall not e+cee si+ months 0ithout the consent of the 9uge
concerne.
Orer a change of venue or place of trial to avoi a miscarriage of 9ustice.
Promulgate rules concerning the protection an enforcement of constitutional rights3
pleaing3 practice3 an proceure in all courts3 the amission to the practice of la03 the
'ntegrate Bar3 an legal assistance to the unerprivilege. Such rules shall provie a
simplifie an ine+pensive proceure for the speey isposition of cases3 shall be
uniform for all courts the same grae3 an shall not iminish3 increase or moify
substantive rights. Rules of proceure of special courts an 5uasi-9uicial boies shall
remain effective unless isapprove by the Supreme Court.
.ppoint all officials an employees of the !uiciary in accorance 0ith the Civil Service
La0. <Sec. $ 3 i.?

%he !uicial an Bar Council 0as create by virtue of .rt. >'''3 sec. 2. uner the
supervision of the Supreme Court. 'ts principal function is to screen prospective
appointees to any 9uicial post. 't is compose of the Chief !ustice as e+ officio
Chairman3 the Secretary of !ustice an representatives of Congress as e+-officio
members3 a representative of the 'ntegrate Bar3 a professor of la03 a retire member of
the Supreme Court an a representative of the private sector as members.

Court of .ppeals
Common0ealth .ct /o. ( <December (&3 &4($?3 pursuant to the &4($ Constitution <.rt
>'''3 sec. &?3 establishe the Court of .ppeals. 't 0as formally organiCe on :ebruary &3
&4(-3 compose of eleven 9ustices 0ith !ustice Pero Concepcion as the first Presiing
!ustice. 'ts composition 0as increase to &$ in &4(2 an further increase to &1 in &4,"
by virtue of *+ecutive Orer /o. ,. 't 0as abolishe by Presient Osmena in &4,$3
pursuant to *+ecutive Orer /o. (1. @o0ever3 it 0as re-establishe on October ,3 &4,-
by virtue of Republic .ct /o. $" 0ith a Presiing !ustice an fifteen <&$? .ssociate
!ustices. 'ts composition 0as increase by the follo0ing enactmentsA Republic .ct /o.
&-#$ to eighteen <&2?E Republic .ct /o. $"#, to ",E Presiential Decree /o. &,2" to one
Presiing !ustice an thirty four <(,? .ssociate !usticesE Batas Pambansa Blg. &"4 to $#E
Republic .ct /o. 2",- to -4. 7ith Republic .ct /o. 2",-3 the Court of .ppeals in
Cebu3 an Cagayan e Oro 0ere establishe.

Section 4 of Batas Pambansa Blg. &"4 as amene by *+ecutive Orer /o. (( an
Republic .ct /o. 14#" provies for the 9urisiction of the Court of .ppeals as follo0sA

Original 9urisiction to issue 0rits of manamus3 prohibition3 certiorari habeas corpus3
an 5uo 0arrant3 an au+iliary 0rits or processes3 0hether or not in ai of its appellate
9urisictionE
*+clusive original 9urisiction over actions for annulment of 9ugment of Regional %rial
CourtsE an
*+clusive appellate 9urisiction over all final 9ugments3 ecisions3 resolutions3 orers or
a0ars of Regional %rial Courts an 5uasi-9uicial agencies3 instrumentalities3 boars or
commissions3 incluing the Securities an *+change Commission3 the Social Security
Commission3 the *mployees Compensation Commission an the Civil Service
Commission3 e+cept those falling 0ithin the appellate 9urisiction of the Supreme Court
in accorance 0ith the Constitution3 the Labor Coe of the Philippines uner Presiential
Decree /o. ,,"3 as amene3 the provisions of this .ct3 an of subparagraph <&? of the
thir paragraph an subparagraph <,? of the fourth paragraph of Section &1 of the
!uiciary .ct of &4,2.

Regional %rial Courts
%hey are calle the secon level courts an are ivie into thirteen <&(? 9uicial regionsA
/ational Capital Region <Metro Manila? an the t0elve <&"? regions of the country3
0hich are ivie into several branches. %he 9urisictions are efine in sec. &4-"( of
Batas Pambansa Blg &"4 as amene by Republic .ct /o. 1-1&. %he Supreme Court
esignates certain branches of regional trial courts as special courts to hanle e+clusively
criminal cases3 9uvenile an omestic relations cases3 agrarian cases3 urban lan reform
cases 0hich o not fall uner the 9urisiction of 5uasi-9uicial boies. %he Supreme Court
may li6e0ise esignate specific branches as special courts for heinous crimes3 angerous
rugs cases3 commercial courts an intellectual property rights violations. Some
branches of the Regional %rial Courts have been esignate as family courts because the
family courts to be establishe pursuant to Republic .ct /o. 2(-4 of the :amily Court
La0 of &441 have not yet been organiCe.

%he Regional %rial CourtsD 9urisictions are efine as follo0sA

*+ercise e+clusive original 9urisiction in Civil Cases as follo0sA
o .ll civil actions in 0hich the sub9ect of the litigation is incapable of pecuniary
estimationE
o .ll civil actions 0hich involve the title to3 or possession of real property3 or any
interest therein3 0here the assesse value of the property involve e+cees t0enty
thousan pesos <P "#3###.##? or3 civil actions in Metro Manila3 0here such value e+cees
:ifty thousan pesos <P $#3###.##? e+cept actions for forcible entry into an unla0ful
etainer of lans or builings3 original 9urisiction over 0hich is conferre upon the
Me%Cs3 M%Cs3 an MC%CsE
o .ll actions in amiralty an maritime 9urisiction 0here the eman or claim
e+cees one hunre thousan pesos <P (##3###.##? or3 in Metro Manila3 0here such
eman or claim e+cees t0o hunre thousan pesos <P ,##3###.##?E
o .ll matters of probate3 both testate an intestate3 0here the gross value of the
estate e+cees One hunre thousan pesos <P (##3###.##? or3 in probate matters in
Metro Manila3 0here such gross value e+cees %0o hunre thousan pesos <P
,##3###.##?E
o .ll actions involving the contract of marriage an marital relationsE
o .ll cases not 0ithin the e+clusive 9urisiction of any court3 tribunal3 person or
boy e+ercising 9uicial or 5uasi-9uicial functionsE
o .ll civil actions an special proceeings falling 0ithin the e+clusive original
9urisiction of a !uvenile an Domestic Relations Court an of the Court of .grarian
Relations as no0 provie by la0E an
o .ll other cases in 0hich the eman3 e+clusive of interest3 amages of 0hatever
6in3 attorneyDs fees3 litigation e+penses an costs or the value of the property in
controversy e+cees One hunre thousan pesos <P (##3###.##? or3 in such other cases
in Metro Manila3 0here the eman3 e+clusive of the above-mentione items e+cees
%0o hunre pesos <P ,##3###.##? <Sec. &43 Batas Pambansa Blg. &"43 as amene by
R.. /o. 1-4&?.
*+ercise original 9urisiction in other cases as follo0sA
o %he issuance of 0rits of certiorari3 prohibition3 manamus3 5uo 0arranto3 habeas
corpus3 an in9unction 0hich may be enforce in any part of their respective regionsE an
o .ctions affecting ambassaors an other public ministers an consuls.

%hey shall e+ercise appellate 9urisiction over Me%Cs3 M%CCs3 M%Cs3 an MC%Cs in
their respective territorial 9urisiction.

Metropolitan %rial Courts <Me%C?3 Municipal %rial Courts in Cities <M%CC?3 Municipal
%rial Courts <M%C? an Municipal Circuit %rial Courts <MC%C?
%hese are calle the first level courts establishe in each city an municipality. %heir
9urisiction is provie for by section ((3 ($ of Batas Pambansa Blg &"4. %heir
9urisiction has been e+pane by special la0s.

Me%Cs3 M%CCs3 M%Cs3 an MC%Cs shall e+ercise original 9urisiction in Civil Cases as
provie for in section (( of Batas Pambansa Blg. &"4 is as follo0sA

*+clusive original 9urisiction over civil actions an probate proceeings3 testate an
intestate3 incluing the grant of provisional remeies in proper cases3 0here the value of
the personal property3 estate or amount of the eman oes not e+cee One hunre
thousan pesos <P (##3###.##? or3 in Metro Manila 0here such personal property3 estate
or amount of the eman oes not e+cee %0o hunre thousan pesos <P ,##3###.##?3
e+clusive of interests3 amages of 0hatever 6in 3 attorneys fees3 litigation e+penses3 an
costs the amount of 0hich must be specifically allegeA Provie3 %hat interests3 amages
of 0hatever 6in3 attorneyDs fees3 litigation e+penses an costs shall be inclue in the
etermination of the filing fees. Provie further3 %hat 0here there are several claims or
causes of action bet0een the same or ifferent parties emboie in the same complaint3
the amount of the eman shall be the totality of the claims in all the causes of action
arose out of the same or ifferent transactionsE
*+clusive original 9urisiction over cases of forcible entry an unla0ful etainerA
Provie3 %hat 0hen3 in such cases3 the efenant raises the 5uestion of o0nership in his
pleaings an the 5uestion of o0nership in his pleaings an the 5uestion of possession
cannot be resolve 0ithout eciing the issue of o0nership3 the issue of o0nership shall
be resolve only to etermine the issue of possessionE an
*+clusive original 9urisiction in all civil actions 0hich involve title to3 or possession of3
real property3 or any interest therein 0here the assesse value of the property or interest
therein oes not e+cee %0enty thousan pesos <P "#3###.##? or3 in civil actions in Metro
Manila3 0here such assesse value oes not e+cee :ifty thousan pesos <P $#3###.##?
e+clusive of interest3 amages of 0hatever 6in3 attorneyDs fees3 litigation e+penses an
costsA Provie3 %hat in cases of lan not eclare for ta+ation purposes the value of such
property shall be etermine by the assesse value of the a9acent lots. <Sec. ((3 Batas
Pambansa Blg. &"4?

Section (( of Batas Pambansa Blg. &"4 provies that the Supreme Court may esignate
Me%Cs3 M%CCs3 M%Cs3 an MC%Cs to hear an etermine caastral or lan registration
cases 0here the value oes not e+cee one hunre thousan pesos <P&##3###.##?. %heir
ecision is can be appeale in the same manner as the Regional %rial Courts.

%he Me%Cs3 M%CCs3 M%Cs3 an MC%Cs are empo0ere to hear an ecie petitions
for a 0rit of habeas corpus or applications for bail in criminal cases in the province or
city in the absence of the Regional %rial Court !uges.

Saniganbayan
%he .nti-)raft Court3 or Saniganbayan3 0as create to maintain integrity3 honesty an
efficiency in the bureaucracy an 0ee out misfits an unesirables in government
service <&41( Constitution <.rt. ='''3 sec. $? an &421 Constitution <.rt. ='3 sec. ,??. 't
0as restructure by Presiential Decree /o. &-#- as amene by Republic .ct /o. 2",4.
't is compose of a Presiing !ustice an fourteen <&,? .ssociate !ustices still in five
Divisions of three <(? !ustices each.

Court of %a+ .ppeals
Create by Republic .ct /o. &&"$ on !une &-3 &4$,3 it serves as an appellate court to
revie0 ta+ cases. Gner Republic .ct /o. 4"2"3 it no0 en9oys the same level as the
Court of .ppeals. %his la0 has ouble its membershipE from three to si+ 9ustices an
has e+pane its 9urisiction.

%he Court of %a+ .ppeals has e+clusive appellate 9urisiction to revie0 by appeal the
follo0ingA

Decisions of the Commissioner of 'nternal Revenue in cases involving ispute3
assessments3 refuns of internal revenue ta+es3 fees or other charges3 penalties impose in
relation thereto3 or other matters arising uner the /ational 'nternal Revenue Coe or
other la0s aministere by the Bureau of 'nternal RevenueE
'n actions of the Commissioner of 'nternal Revenue in cases involving ispute
assessments3 refuns of internal revenue ta+es3 fees or other charges3 penalties in relation
thereto3 or other matters arising uner the /ational 'nternal Revenue Coe or other la0s
aministere by the Bureau of 'nternal Revenue3 0here the /ational 'nternal Revenue
Coe provies a specific perio of action3 in 0hich case the inaction shall be eeme a
enialE
Decisions3 orers or resolutions of the Regional %rial Courts in local ta+ cases originally
ecie or resolve by them in the e+ercise of their original or appellate 9urisictionE
Decisions of the Commissioner of Customs in cases involving liability for customs
uties3 fees3 or other money chargesE seiCure3 etention or release of property affecteE
fines3 forfeitures or other penalties impose in relation theretoE or other matters arising
uner the Customs La0 or other la0s aministere by the Bureau of Customs.
Decisions of the Central Boar of .ssessment .ppeals in the e+ercise of its appellate
9urisiction over cases involving the assessment an ta+ation of real property originally
ecie by the provincial or city boar of assessment appealsE
Decisions of the Secretary of :inance on customs cases elevate to him automatically for
revie0 from ecisions of the Commissioner of Customs 0hich are averse to the
)overnment uner Section "(&$ of the %ariff an Customs CoeE
Decisions of the Secretary of .griculture in the case of nonagricultural prouct3
commoity or article3 an the Secretary of .griculture in the case of agricultural prouct3
commoity or article3 involving umping an countervailing uties uner Section (#&
an (#"3 respectively3 of the %ariff an Customs Coe3 an safeguar measures uner
R... /o. 22##3 0here either party may appeal the ecision to impose or not to impose
sai uties.

't also has 9urisiction over cases involving criminal offenses as herein provieA

*+clusive original 9urisiction over all criminal offenses arising from violations of the
/ational 'nternal Revenue Coe or %ariff an Customs Coe an other la0s aministere
by the Bureau of 'nternal Revenue or the Bureau of CustomsA Provie3 ho0ever3 %hat
offenses or felonies mentione in this paragraph 0here the principal amount of ta+es an
fees3 e+clusive of charges an penalties3 claime is less than One million pesos <P
&3###3###.##? or 0here there is no specifie amount claime shall be trie by the regular
Courts an the 9urisiction of the C%. shall be appellate. .ny provision of la0 or the
Rules of Court to the contrary not0ithstaning3 the criminal action an the corresponing
civil action for the recovery of civil liability for ta+es an penalties shall at all times be
simultaneously institute 0ith3 an 9ointly etermine in the same proceeing by3 the
C%. the filing of the criminal action being eeme to necessarily carry 0ith it the filing
of the civil action3 an no right to reserve the filing of such action separately form the
criminal action 0ill be recogniCe.
*+clusive appellate 9urisiction in criminal offensesA
o Over appeals from 9ugments3 resolutions or orers of the Regional %rial Courts
in ta+ collection cases originally ecie by them3 in their respective territorial
9urisiction.
o Over petitions for revie0 of the 9ugments3 resolution or orers of the R%Cs in
the e+ercise of their appellate 9urisiction over ta+ collection cases originally ecie by
the Me%Cs3 M%Cs an MC%Cs3 in their respective 9urisiction.

ShariDa Courts
%hese special courts 0ere create by sec. &(1 of Presiential Decree /o. &#2( or the
Coe of Muslim Personal La0s. %he 9uges shoul possess all the 5ualifications of a
Regional %rial Court !uge an shoul also be learne in 'slamic la0 an 9urispruence.
.rticles &,(3&,,3 &$$ of Presiential Decree /o. &#2( provies the 9urisiction of the
sai courts as follo0sA

ShariDa District Courts <SDC? as provie for in paragraph <&?3 .rticle &,( of Presiential
Decree /o. &#2(3 shall have e+clusive 9urisiction over the follo0ing casesA

.ll cases involving custoy3 guarianship3 legitimacy3 paternity an filiations arising
uner the CoeE
.ll cases involving isposition3 istribution an settlement of the estates of ecease
Muslims3 probate of 0ills3 issuance of letters of aministration or appointment of
aministrators or e+ecutors regarless of the nature or aggregate value of the property.
Petitions for the eclaration of absence an eath an for the cancellation or correction of
entries in the Muslim Registries mentione in %itle >' of Boo6 %0o of the CoeE
.ll actions arising from customary contracts in 0hich the parties are Muslim3 if they i
not specifie 0hich la0 shall govern their relationsE an
.ll petitions for manamus3 prohibition3 in9unction3 certiorari3 habeas corpus3 an all
other au+iliary 0rits an processes in ai of its appellate 9urisiction.

%he SDC in concurrence 0ith e+isting civil courts shall have original 9urisiction over
the follo0ing cases <paragraph <"? of .rticle &,(?A

Petitions by Muslims for the constitution of family home3 change of name an
commitment of an insane person to any asylumA
.ll other personal an real actions not mentione in paragraph <&? <? 0herein the parties
involve are Muslims e+cept those for forcible entry an unla0ful etainer3 0hich shall
fall uner the e+clusive original 9urisiction of the M%CsE
.ll special civil actions for interpleaer or eclaratory relief 0herein the parties are
Muslims or the property involve belongs e+clusively to Muslims.

.rticle &,, of Presiential Decree /o. &#2( provies that the SDC 0ithin shall have
appellate 9urisiction over all cases trie in the ShariDa Circuit Courts <SCC? 0ithin their
territorial 9urisiction.

.rticle &$$ of Presiential Decree /o. &#2( provies that the SCCs have e+clusive
original 9urisiction overA

.ll cases involving offenses efine an punishe uner the CoeE
.ll civil actions an proceeings bet0een parties 0ho are Muslims or have been marrie
in accorance 0ith .rticle &( of the Coe involving isputes relating toA
o MarriageE
o Divorce recogniCe uner the CoeE
o Betrothal or breach of contract to marryE
o Customary o0er <mahr?E
o Disposition an istribution of property upon ivorceE
o Maintenance an support3 an consolatory gifts <mutDa?E an
o Restitution of marital rights.
J .ll cases involving isputes to communal properties.

Rules of proceure are provie for in articles &,2 an &$2. *n Banc Resolution of the
Supreme Court in &2(3 provie the special rules of proceure in the ShariDa courts <'9ra-
at-.l Maha6im .l ShariaDa?

ShariDa courts an personnel are sub9ect to the aministrative supervision of the Supreme
Court. .ppointment of 9uges3 5ualifications3 tenure3 an compensation are sub9ect to the
provisions of the Muslim Coe <Presiential Decree &#2(. SDCs an SCCs have the
same officials an other personnel as those provie by la0 for R%Cs an M%Cs
respectively.

Huasi-Courts or Huasi-!uicial .gencies

Huasi-9uicial agencies are aministrative agencies3 more properly belonging to the
*+ecutive Department3 but are empo0ere by the Constitution or statutes to hear an
ecie certain classes or categories of cases.

Huasi-9uicial agencies empo0ere by the Constitution are the Constitutional
CommissionsA Civil Service Commission3 Commission on *lections an the Commission
on .uit.

Huasi-9uicial agencies empo0ere by statutes areA Office of the Presient. Department
of .grarian Reform3 Securities an *+change Commission3 /ational Labor Relations
Commission3 /ational %elecommunication Commission3 *mployees Compensation
Commission3 'nsurance Commission3 Construction 'nustry .rbitration Commission3
Philippine .tomic *nergy Commission3 Social Security System3 )overnment Service
'nsurance System3 Bureau of Patents3 %raemar6 an %echnology3 /ational Conciliation
Meiation Boar3 Lan Registration .uthority3 Civil .eronautics Boar3 Central Boar
of .ssessment .ppeals3 /ational *lectrification .ministration3 *nergy Regulatory
Boar3 .gricultural 'nventions Boar an the Boar of 'nvestments.

Decisions of these 5uasi-courts can be appeale to the Court of .ppeals e+cept those of
the Constitutional CommissionsA Civil Service Commission3 Commission on *lections
an the Commission on .uit3 0hich can be appeale by certiorari to the Supreme Court
<.rt. '=-.3 sec. 1?

Others

Batarungang Pambarangay - Presiential Decree /o. &$#23 or the Batarungang
Pambarangay La03 too6 effect December &&3 &4123 an establishe a system of amicably
settling isputes at the barangay level. Rules an proceures 0ere provie by this
ecree an the Local )overnment Coe3 %itle '3 Chapter 13 sec. ((4-,""?. %his system of
amicable settlement of ispute aims to promote the speey aministration of 9ustice by
easing the congestion of court oc6ets. %he Court oes not ta6e cogniCance of cases file
if they are not file first 0ith the Batarungang Pambarangay.

.lternative Dispute Resolution System - Republic .ct /o. 4"2$ institutionaliCe the use
of an alternative ispute resolution system 0hich serves to promote the speey an
impartial aministration of 9ustice an unclog the court oc6ets. %his act shall be 0ithout
pre9uice to the aoption of the Supreme Court of any .DR system such as meiation3
conciliation3 arbitration or any combination thereof. %he Supreme Court by virtue of an
*n Banc Resolution ate October &-3 "##& <.ministrative Matter /o. #&-&#-$-SC-
P@'L!.?3 esignate the Philippine !uicial .caemy as the component unit of the
Supreme Court for court-referre or court-relate meiation cases an alternative ispute
resolution mechanism an establishing the Philippine Meiation Center. Muslin la0
provies its o0n arbitration Council calle %he .gama .rbitration Council.

(., Constitutional Commissions

Civil Service Commission - .ct /o. $ <&4##? establishe the Philippine civil service
an 0as reorganiCe as a Bureau in &4#$. 't 0as establishe in the &4($ Constitution.
Republic .ct /o. ""-# <&4$4? converte it from a Bureau into the Civil Service
Commission. Presiential Decree /o. 2#1 further reefine its role. 'ts present status is
provie for in the &421 Constitution3 .rt. '=-B an reiterate by the provision of the
&421 .ministrative Coe <*+ecutive Orer /o. "4"?.

Commission on *lections - 't is the constitutional commission create by a &4,#
amenment to the &4($ Constitution 0hose primary function is to manage to maintain its
authority an inepenence in the conuct of elections. %he COM*L*C e+ercises
aministrative3 5uasi-9uicial an 9uicial po0ers. 'ts membership increase to nine 0ith
a term of nine years by the &41( Constitution. 't 0as ho0ever ecrease to seven 0ith a
term of seven years 0ithout re-appointment by the &421 Constitution.

Commission on .uit - .rticle '=3 sec3 " of the &421 Constitution provie the po0ers
an authority of the Commission on .uit3 0hich is to e+amine3 auit an settle all
accounts pertaining to the revenue an receipts of an e+penitures or uses of funs an
property o0ne or hel in trust by or pertaining to the )overnment incluing government
o0ne an controlle corporations 0ith original charters.

(.$ Local )overnments

.rticle =3 of the &421 Constitution provies for the territorial an political subivisions
of the Philippines as follo0sA province3 cities3 municipalities an barangays. %he &44&
Local )overnment Coe or Republic .ct /o. 1&-# provies the etail that implements
the provision of the Constitution. %he officials3 namely3 the governor3 city mayor3 city
vice mayor3 municipal mayor3 municipal vice-mayor an punong barangay are electe by
their respective units. <&44& Local )overnment Coe3 %itle ''3 Chapter &3 sec. ,& <a??.
%he regular members of the sangguniang panlala0igan <for the province?3 sangguniang
panglunso <for cities?3 sangguniang bayan <municipalities? are electe by istricts 0hile
the sangguniang barangay are electe at large.

*ach territorial or political subivision en9oys local autonomy as efine in Constitution.
%he Presient e+ercises supervision over local )overnments.

*ach region is compose of several provinces 0hile each province is compose of a
cluster of municipalities an component cities <Local )overnment Coe3 %itle '>3
Chapter &3 sec. ,$4? Provincial government is compose of the governor3 vice-governor3
members of the sangguniang panlala0igan an other appointe officials

%he city consists of more urbaniCe an evelope barangays 0hich are create3 ivie3
merge3 abolishe or its bounary altere by la0 or act of Congress3 sub9ect to the
approval of ma9ority votes cast in a plebiscite conucte by the Comelec <Local
)overnment Coe3 %itle '''3 Chapter &3 sec. ,,2-,,4?. . City may be classifie either as
a component or highly urbaniCe. %he city government is compose of the mayor3 vice-
mayor3 members of the sangguniang panlunso <0hich is compose of the presient of
the city chapter of the liga ng mga barangay3 presient of the panlungso ng mga
peerasyon ng mga sangguniang 6abataan an the sectoral representatives? an other
appointe officials..

%he municipality consists of a group of barangays 0hich is create3 ivie3 merge3
abolishe or its bounary altere by la0 or act of Congress3 sub9ect to the approval of
ma9ority votes casts in a plebiscite conucte by the Comelec <Local )overnment Coe3
%itle ''3 Chapter &3 sec. ,,#-,,&?. %he municipal government is compose of the mayor3
vice-mayor3 sangguniang members <0hich is compose of presient of the municipal
chapter of the liga ng mga barangay3 presient of the pambayang peerasyon ng mga
sangguniang 6abataan an the sectoral representatives? an other appointe officials..

%he Barangay is the smallest local government unit 0hich is create3 ivie3 merge3
abolishe or its bounary altere by la0 or by an orinance of the sangguniang
panlala0igan or sangguniang panlunso3 sub9ect to the approval of ma9ority votes casts in
a plebiscite conucte by the Comelec <Local )overnment Coe3 %itle '3 Chapter &3 sec.
(2,-(2$?

%he Philippines is ivie into the follo0ing local government unitsA

J Region ' <'LOCOS R*)'O/?
J Region '' <C.).K./ >.LL*K?
J Region ''' <C*/%R.L LGLO/?
J Region '> <C.L.B.RLO/ I M'M.ROP.?
J Region > <B'COL R*)'O/?
J Region >' <7*S%*R/ >'S.K.S?
J Region >'' <C*/%R.L >'S.K.S?
J Region >''' <*.S%*R/ >'S.K.S?
J Region '= <L.MBO./). P*/'/SGL.?
J Region = </OR%@*R/ M'/D./.O?
J Region =' <D.>.O R*)'O/?
J Region ='' <SOCCSBS.R)*/?
J Region =''' <C.R.).?
J .utonomous Region in Muslim Minano <.RMM?
J Corillera .ministrative Region <C.R?
J /ational Capital Region </CR?

(.- Other )overnment .gencies

Commission on @uman Rights - %he Commission on @uman Rights 0as create as an
inepenent office for cases of violation of the human rights <.rt. ='''3 sec. &1?. Specific
po0ers an uties are e+pressly provie for by section &2 of the &421 Constitution. 't is
compose of a Chairman an four <,? members.

Office of the Ombusman - %he &421 Constitution e+plicitly provies that Ombusman
an his eputies are calle the protectors of the people for they are tas6e to act promptly
on complaints file against public officials or employees of the government incluing
government o0ne an controlle corporations <.rt. ='3 sec. &"? 'ts po0ers3 uties an
functions are provie for in section &(. Republic .ct /o. -11#3 sec3 &$ provies that the
Ombusman shall give priority to complaints file against high ran6ing government
officials an those occupying supervisory positions.

%he Presient3 >ice Presient3 members of the Supreme Court3 Constitutional
Commission an the Ombusman may be remove from office by impeachment for
conviction of violations of the Constitution3 treason3 bribery3 graft an corruption3 other
high crimes or betrayal of public trust. <.rt. ='3 sec. "?. %he @ouse of Representatives
has the e+clusive po0er to initiate <.rt. ='3 sec. ( <&?? 0hile the Senate has the sole
po0er to try an ecie impeachments cases <.rt. ='3 sec. (<-??. .ll other public
officials an employees may be remove by la0 <.rt. ='3 sec. " the Civil Service La0?.

,. Legal System
,.& /ature of the Philippines Legal System

%he Philippine legal system may be consiere as a uni5ue legal system because it is a
blen of civil la0 <Roman?3 common la0 <.nglo-.merican?3 muslim <'slamic? la0 an
inigenous la0.

,." Sources of La0
%here are t0o primary sources of the la0A

Statutes or statutory la0 - Statutes are efine as the 0ritten enactment of the 0ill of the
legislative branch of the government renere authentic by certain prescribe forms or
solemnities are more also 6no0n as enactment of congress. )enerally they consist of
t0o types3 the Constitution an legislative enactments.

'n the Philippines3 statutory la0 inclues constitutions3 treaties3 statutes proper or
legislative enactments3 municipal charters3 municipal legislation3 court rules3
aministrative rules an orers3 legislative rules an presiential issuance.
!urispruence - or case la0 - is cases ecie or 0ritten opinion by courts an by persons
performing 9uicial functions. .lso inclue are all rulings in aministrative an
legislative tribunals such as ecisions mae by the Presiential or Senate or @ouse
*lectoral %ribunals. Only ecisions of the @ouse of Representatives *lectoral %ribunal
are printe as @ouse of Representatives *lectoral %ribunal Reports3 volume & <!anuary
"23 &422-October (3 &44#? to present. %hey 0ill be available electronically at the
Supreme Court *-Library.
:or Muslim la03 the primary source of Shariah are Huran3 Sunna5h3 '9ma an Hiyas.
!ainal D. RaCul in his boo6 Commentaries an !urispruence on the Muslin La0 of the
Philippines <&42,? further state there are ne0 sources of la03 0hich some 9urists
re9ecte such as 'stihsan or 9uristic preferenceE .l-Masalih3 .l Mursalah or public
interestE 'stilal <custom? an 'stishab. <euction base on continuity or permance?.

Classification of Legal Sources
Primary .uthority is the only authority that is bining on the courts.

Classification by .uthority
8.uthority is that 0hich may be cite in support of an action3 theory or hypothesis.8
Legal of materials primary authority are those that contain actual la0 or those that
contain la0 create by government. *ach of the three branches of government3
Legislative3 *+ecutive an !uiciary3 promulgates la0s.

%he legislature promulgates statutes3 namelyA .ct3 Common0ealth .ct3 Republic .cts3
Batas Pambansa. *+ecutive promulgates presiential issuances <Presiential Decrees3
*+ecutive Orers3 Memoranum Circular3 .ministrative Orers3 Proclamations3 etc.?3
rules an regulations through its various epartments3 bureaus an agencies. %he
!uiciary promulgates 9uicial octrines emboie in ecisions. 7e ho0ever nee to
clarify that the Presiential Decrees or la0 issue by Pres. Marcos uring Martial La0
an *+ecutive Orers issue by Pres. .5uino before the opening Congress in !uly &421
can be classifie as legislative acts3 there being no legislature uring these t0o perios.

Primary .uthority or sources may be further subivie into the follo0ingA
Manatory primary authority is la0 create by the 9urisiction in 0hich the la0yer
operates li6e the PhilippinesE
Persuasive manatory authority is la0 create by other 9urisictions but 0hich have
persuasive value to our courts e.g. Spanish an .merican la0s an 9urispruence. %hese
sources as use specially 0hen there are no Philippine authorities available or 0hen the
Philippine statute or 9urispruence uner interpretation is base on either the Spanish or
.merican la0E

't is in this regar that the collections of la0 libraries in the Philippines inclue Gnite
States court reports3 7estDs national reporter system3 court reports of *nglan an
international tribunal3 important reference materials such as the .merican !urispruence3
Corpus !uris Secunum 7ors an Phrases an ifferent la0 ictionaries. Some of these
la0 libraries subscribe to the 7estla0 anFor Le+is. %he Supreme Court 3 Gniversity of
the Philippines3 Gniversity of Santo %omas an a number of prominent la0 libraries also
have a Spanish collection 0here a great number of our la0s originate.

Seconary authority or sources are commentaries or boo6s3 treatise3 0ritings3 9ournal
articles that e+plain3 iscuss or comment on primary authorities. .lso inclue in this
category are the opinions of the Department of !ustice or Securities an *+change
Commission. %hese materials are not bining on courts but they have persuasive effect
an the egree of persuasiveness epen on the reputation of the author. %hese authors
of goo reputation are consiere e+perts in the fiel e.g. Chief !ustice Ramon C.
.5uino an !ustice Carolina )rino .5uino on Revise Penal Coe or Criminal La03
Senator .rturo M. %olentino on Civil la03 Chief !ustice *nri5ue M. :ernano an :r.
!oa5uin Bernas on Constititional La03 Prof. Perfecto :ernaneC on Labor La03 >icente
:rancisco3 Chief !ustice Manuel Moran on Remeial La03 etc.

Classification by Source
't is important for legal research e+perts to 6no0 the source 0here the materials 0ere
ta6en. One has to etermine 0hether they came from primary <official? sources or
seconary <unofficial sources?.

Primary sources 8are those publishe by the issuing agency itself or the official
repository3 the Official )aCette. %hus for Republic .cts an other 8la0s8 or statutes3 the
primary sources are the Official )aCette publishe by the /ational Printing Office an
the La0s an Resolutions publishe by Congress. :or Supreme Court ecisions3 the
primary sources are the Philippine Reports3 the iniviually mimeographe .vance
Supreme Court ecisions an the Official )aCette. Publication of Supreme Court
ecisions in the Official )aCette is selective. Complete court reports for Supreme Court
ecisions is the Philippine Reports.

%he Seconary Sources are the unofficial sources an generally refer to those
commercially publishe or those that are not publishe by government agencies or
instrumentalities. >ital Legal Documents contains a compilation of Presiential Decrees
<&41(? to the present Republic .cts3 publishe by Central Boo6 Supply. Sulpicio
)uevara publishe a compilation of all la0s from &4#& to &4($ entitle Public La0s
.nnotate <1 vols.? an a compilation of la0s from &4($-&4,$ entitle Common0ealth
.cts .nnotate <(vos.?. )uevara has also publishe %he La0s of the :irst Philippine
Republic <%he La0s of Malolos? &242-&244. :or the Supreme Court ecisions3 Supreme
Court Reports .nnotate <SCR.?3 a seconary source3 publishe by the Central Boo6
Supply is more popular an upate than the Philippine Reports. 'n the absence of a
primary source3 the seconary source may be cite.

7ith the avent of the ne0 information technology3 electronic or igitiCe sources are
popular sources of legal information for the follo0ing reasonsA a? upate legal
information is reaily available an b? the search engines use facilitate research. %hese
electronic sources are in the forms of CD ROMS3 online or virtual libraries3 or the
0ebsites of the issuing government agency of instrumentality.

'n the Philippines3 the problem is ho0 to classify sources publishe in the ne0spapers.
Since &4213 base on the efinition of primary an seconary source3 they may be
consiere as primary sources pursuant to *+ecutive Orer /o. "##3 s. &421 0hich
provies that la0s become effective fifteen <&$? ays after publication in the Official
)aCette or in t0o ne0spapers of general circulation. 'n case of conflict bet0een the t0o
versions3 the version of the Official )aCette hols.

'n fining the la03 our ultimate goal is to locate manatory primary authorities 0hich
have bearing on the legal problem at han. 'f these authorities are scarce or none+istent3
our ne+t alternative is to fin any relevant persuasive manatory authority. 'f our search
is still negative3 the ne+t alternative might be seconary authorities. %here are ho0ever
instances 0here the seconary authorities3 more particularly the commentaries mae by
e+perts of the fiel3 ta6e preceence over the persuasive manatory authorities. 7ith the
availability of both3 using both sources is highly recommene.

Classification by Character
%his refers to the nature of the sub9ect treate in boo6s. %his classification categoriCes
boo6s as A a? Statute La0 Boo6s3 b? Case La0 Boo6s or La0 Reports3 c? a combination
of both an ? 8La0 :iners.8

La0 :iners refer to ine+es3 citators3 encyclopeias3 legal ictionaries3 thesauri or
igests. . ma9or problem in the Philippines is that there are no up-to-ate La0 :iners.
:eerico MorenoDs Philippine La0 Dictionary3 the only available Philippine la0
ictionary 0as last publishe in &4223 along 0ith one available Philippine Legal
%hesaurus by !ose .gaton Sibal in &42-. %o search for legal information3 legal
researchers go online virtual libraries such as the Supreme Court *-Library3 Chan Robles
>irtual La0 Library3 or the ifferent atabases in CD-ROM format from CD .sia
%echnologies .sia 'nc. %he atabases evelope by CD .sia inclues not only the
compilation of La0s <statutes? an !urispruence3 but also inclue a compilation of legal
information that are not available in printe form such as Opinions of the Department of
!ustice3 Securities an *+change Commission an Bang6o Sentral <Central Ban6? rules
an regulations. Search engines use in these atabases ans0er for the lac6 of complete
an upate ine+es of legal information. 'n this regar3 effective legal research can be
conucte 0ith one carinal rule in minA 8.L7.KS S%.R% :ROM %@* L.%*S%.8
%he e+ception to this is 0hen the research has efine or has provie a SP*C':'C
perio.

$. Philippine Legal Research
$.& Research of Statute la0
Statute la0 are the rules an regulations promulgate by competent authoritiesE
enactments of legislative boies <national or local? or they may be rules an regulations
of aministrative <epartments3 or bureau? or 9uicial agencies. Research of statutory la0
oes not en 0ith consulting the la0 itself. .t times it e+tens to the intent of each
provision or even the 0ors use in the la0.

Constitution
%he Philippines ha several Constitutions as provie in some history boo6s such as
)regorio :. LaieDs Philippine Constitutional @istory an Constitutions of Moern
/ations <&41#? an :ouners of :reeomE %he @istory of %hree Constitution by a seven-
man Boar. %he Philippine legal system recogniCes the follo0ing ConstitutionsA
Malolos3 &4($3 &41(3 Provisional or :reeom an &421 Constitutions.

%e+t of the Malolos Constitution is available in some history boo6s such as )regorio :.
LaieDs Philippine Constitutional @istory an Constitutions of Moern /ations3 p. &1-
<&41#?. :or the rest of the above mentione Constitutions3 the te+ts are available in
publishe Philippine constitutional la0 boo6s. %e+t of these Constitutions 0ill be
available at the Supreme Court *-Library.

%he Constitutional Convention proceeings provie for the intent an bac6groun of
each provision of the Constitution. Sources for the &4(,-&4($ Constitutional
Convention areA &# volumes of the Constitutional Convention Recor by the @ouse of
Representatives <&4--?3 Salvaor LaurelDs seven volumes boo6 entitle Proceeings of
the Constitutional Convention <&4--?E - volumes of the Philippine Constitution3 Origins3
Ma6ing3 Meaning an .pplication by the Philippine La0yers .ssociation 0ith !ose
.ruego as one of its eitors <&41#? an !ournal of the Constitutional convention of the
Philippines by >icente :rancisco.

Proceeings of the &41( Constitutional Convention 0ere not publishe. . complete
compilation is available at the :ilipiniana Reaing Room of the /ational Library of the
Philippines.

!ournals <( volumes? an Recors <$ volumes? of the Constitutional Convention of &42-
0ere publishe by the Constitutional Commission. %his publication oes not have an
ine+. CD %echnologies .sia 'nc. came out 0ith a CD-ROM version 0hich facilitate
research for it has a search engine.

%he proceeings an te+t of the &4($3 &41( an &421 Constitutions 0ill be available at
the Supreme Court *-Library.

Commentaries or interpretations on the constitution3 ecisions of the Supreme Court an
other courts3 te+tboo6s or treaties3 perioical articles of the ifferent Constitution are
available. <See. Legal Bibliography on page ,(?

%reaties an other 'nternational .greements
. treaty is an agreement or a contract bet0een t0o <bilateral? or more <multilateral?
nations or sovereigns3 entere into by agents appointe <generally the Secretary of
:oreign .ffairs or ambassaors? for the purpose an uly sanctione by supreme po0ers
of the respective countries. %reaties that o not have legislative sanctions are e+ecutive
agreements 0hich may or may not have legislative authoriCation3 an 0hich have limite
e+ecution by constitutional restrictions

'n the Philippines3 a treaty or international agreement shall be not be vali an effective
unless concurre in by at least t0o-thirs of all members of the Senate <Constitution3
.rticle >''3 section "&?. %hose 0ithout the concurrence of the Senate are consiere as
*+ecutive .greements.

%he Presient of the Philippines may enter into international treaties or agreements as the
national 0elfare an interest may re5uire3 an may contract an guarantee foreign loans
on behalf of the Republic3 sub9ect to such limitations as may be provie by la0. During
the time of Pres. Marcos3 there 0as the so-calle %ripoli .greement.

%he official te+t of treaties is publishe in the Official )aCette3 Department of :oreign
.ffairs %reaty Series <D:.%S?3 Gnite /ations %reaty Series <G/%S? or the Gniversity
of the Philippines La0 CenterDs Philippine %reaty Series <P%S?. %o locate the latest
treaties3 there are t0o possible sourcesA Department of :oreign .ffairs an the Senate of
the Philippines. %here is no complete repository of all treaties entere into by the
Philippines. %here is a selective publication of treaties in the Official )aCette. %he
D:.%S 0as last publishe in the &41#s 0hile the P%SDs last volume3 vol. 2 contains
treaties entere into until &42&.7ith the G/ %reaty Series3 it is available only in G/
epository libraries in the country an its Gnite /ation 'nformation Center in Ma6ati.

:or ta+ treaties *usta5uio Orono has publishe a series on the Philippine ta+ treaties.
Other sources of important treaties are appene in boo6s on the sub9ect or la0 9ournals
such as the .merican !ournal of 'nternational La0 or the Philippine Kearboo6 of
'nternational La0.

%o locate these treaties3 the :oreign Service 'nstitute publishe the Philippine %reaties
'ne+ <&4,--&42"? an G/ Multilateral %reaties Deposite 0ith the Secretary )eneral.
*lectronically3 ma9or la0 libraries use the %reaties an 'nternational .greements
Researchers .rchives <%'.R.? an the 'nternet.

Statutes Proper
Statutes are enactments of the ifferent legislative boies of since &4## bro6en o0n as
follo0sA

,3"1$ .C%S - *nactments from &4##-&4($
1(( Common0ealth .cts - *nactments from &4($-&4,$
"#(, Presiential Decrees - *nactments from &41"-&42$
22, Batas Pambansa. - *nactments from &414-&42$
4(($. Republic .cts - *nactments from &4,--&41"3 &421- .pril "##$

%he above figures clearly sho0 that uring Martial La03 both Presient Marcos an the
Batasang Pambansa <Parliament? 0ere issuing la0s at the same time in the Presiential
Decrees <by Presient Marcos ? an Batas Pambansa <Parliament?

During Martial La03 asie from Presiential Decrees3 the Presient promulgate other
issuances namelyA $1 )eneral Orers3 &3$"$ Letters of 'nstruction3 "3,24 Proclamations3
2(" Memoranum Orer3 &3"41 Memoranum Circular3 &$1 Letter of 'mplementation3
Letter of .uthority3 Letters of 'nstruction3 $#, .ministrative Orer an &3#4(
*+ecutive Orers.

.s previously state3 the Presiential Decrees issue by Pres. Marcos uring Martial La0
an the *+ecutive Orers issue by Pres. .5uino before the opening of Congress may
be classifie as legislative acts for there 0as no legislature uring those t0o perios.

La0s passe by the ne0 &421 Congress starte from Rep. .ct /o. --(-3 as the last
Republic .ct promulgate by Congress before Martial La0 0as Rep. .ct /o. --($.

%he follo0ing are the Philippine coes aopte from &4#& to presentA
Chil an Kouth 7elfare Coe
Civil Coe
Comprehensive .grarian Reform Coe
Coconut 'nustry Coe
Coe of Commerce
Cooperative Coe
Corporation Coe
:amily Coe
:ire Coe
:orest Reform Coe
'ntellectual Property Coe
Labor Coe
Lan %ransportation an %raffic Coe
Local )overnment Coe
Muslim Coe of Personal La0s
/ational Builing Coe
/ational Coe of Mar6eting of Breast-mil6 Substitutes an Supplements
/ational 'nternal Revenue Coe
Omnibus *lection Coe
Philippine *nvironment Coe
Revise .ministrative Coe
Revise Penal Coe
Sanitation Coe
State .uiting Coe
%ariff an Customs Coe
7ater Coe

%he @ouse of Representative prepare the proceure on ho0 a bill becomes a la0. %his
proceure is pursuant to the Constitution an recogniCe by both @ouses of Congress.
%o better appreciate the proceure3 a iagram 0as prepare by the @ouse of
Representatives.
SOGRC*A Congressional LibraryE @ouse Printing Division3 .ministrative Support
Bureau3 !uly &44-.

.ministrative acts3 orers an regulations of the Presient touching on the organiCation
or moe of operation of the government3 re-arranging or a9usting istricts3 ivisions or
parts of the Philippines3 an acts an commans governing the general performance of
uties of public officials an employees or isposing of issues of general concern are
mae effective by *+ecutive Orers. %hose orers fi+ing the ates 0hen specific la0s3
resolutions or orers cease to ta6e effect an any information concerning matters of
public moment etermine by la03 resolution or e+ecutive orers3 ta6e the form of
e+ecutive Proclamation.

*+ecutive Orers an Proclamations of the )overnor-)eneral 0ere publishe annually in
a set *+ecutive Orers an Proclamations. %hirty three <((? volumes 0ere publishe
until &4($ by the Bureau of Printing. .ministrative .cts an Orers of the Presient
an Proclamations 0ere publishe. Only a fe0 libraries in the Philippines have these
publications for the ma9ority 0ere estroye uring 7orl 7ar ''. %here are copies
available at the La0 Library of Congress3 Cincinnati La0 Library .ssociation <0ho
offere to onate them to the Supreme Court of the Philippines? an some at the Library
of the 'nstitute of South *ast .sian Stuies in Singapore.

'n researching for Proclamations3 .ministrative Orers3 *+ecutive Orers an
Memoranum Orers I Circulars of the Presient3 the year is a must3 or if no year is
available3 the Presient involve. %he number of these Presiential issuances starts 0ith
no. & as a ne0 Presient is s0orn in. %he e+ception to this is the *+ecutive Orers issue
by Presient Carlos )arcia after he assume the Presiency because Presient Magsaysay
ie in a plane crash. @e continue the number starte by Pres. Magsaysay. 7hen
Presient )arcia 0as electe as Presient3 he starte his *+ecutive Orer /o. &.

%o loo6 for the intent of Republic .ct3 both @ouses of Congress print the !ournal an
Recors of their proceeings. 7e have to go through the eliberation of both the @ouse
of Congress. %he proceeings of the @ouse of Representatives are no0 available on their
0ebsite. %he Batasang Pambansa has li6e0ise publishe it proceeings. %here are no
available proceeings for the other la0s .cts3 Common0ealth .ct an Presiential
Decrees

.ministrative Rules an Regulations
.ministrative Rules an regulations are orers3 rules an regulations issue by the heas
of Departments3 Bureau an other agencies of the government for the effective
enforcement of la0s 0ithin their 9urisiction. @o0ever3 in orer that such rules an
regulations may be vali3 they must be 0ithin the authoriCe limits an 9urisiction of the
office issuing them an in accorance 0ith the provisions of the la0 authoriCing their
issuance.

'n hanling these types of materials3 there are t0o important items neeeA 'ssuing
.gency an the Kear it 0as promulgate. %his is ue to the fact that all Department3
Bureaus3 an other government agencies use the aministrative orers3 memoranum
orers an memoranum circulars for their aministrative rules an regulations an they
start al0ays 0ith number & every year. *ven the Supreme Court issues .ministrative
Orers3 Circulars3 Memoranum Orers3 an .ministrative Matters.

Before the .ministrative Coe of &4213 these orers3 rules an regulations 0ere
selectively publishe in the Official )aCette. %hus the only source to be able to get a
copy of the te+t of these rules an regulations is the issuing government agency itself.

7hen the &421 .ministrative Coe <*+ecutive Orer /o. "4"? promulgate all
governmental an epartment orers3 rules an regulations have to be file 0ith the
Gniversity of the Philippines La0 CenterDs Office of /ational .ministrative Register
an publishe 5uarterly in a publication calle /ational .ministrative Register. .sie
from the printe copies3 the /ational .ministrative Register is available electronically
on CD-ROM <CD .sia %echnologies 'nc.? at the Supreme Court *-Library. Rules in
force on the ate on 0hich the Coe too6 effect 0hich are not file 0ithin three months
from the ate not thereafter shall be the basis of any sanction against any person or party.
*ach rule becomes effective &$ ays after the filing3 unless a ifferent ate is fi+e by
la0 or specifie in the rule in cases of imminent anger to public health3 safety an
0elfare3 the e+istence of 0hich must be e+presse in a statement accompanying the rule.
%he court shall ta6e 9uicial notice of the certifie copy of each rule uly file or as
publishe in the bulletin or coifie rules

Gniversity of the Philippines La0 CenterDs Office of /ational .ministrative Register is
not only tas6e to publish this 5uarterly register but must 6eep an up-to-ate coification
of all rules thus publishe an remaining in effect together 0ith a complete ine+ an
appropriate tables. *very rule establishing an offense or efining an act 0hich pursuant
to la0 is punishable as a crime or sub9ect to a penalty shall in all cases be publishe in
full te+t. *+ceptions to the 8filing re5uirement8 areA Congress3 !uiciary3 Constitutional
Commission3 military establishments in all matters relative to .rme :orces personnel3
the Boar of Parons an Parole an state universities an colleges.

.s previously state3 there are no up-to-ate or complete Statutes finers. %hose
publishe are liste in the Bibliography. .s previously state3 to facilitate legal research3
one has to go online to virtual libraries such as the Supreme Court *-Library3 Chan
Robles >irtual La0 Library or the ifferent atabases in CD ROM of CD .sia
%echnologies .sia 'nc.

$." Research of Case La0

SOGRC*A "##" Revise Manual of Cler6s of Court. Manila3 Supreme Court3 "##".

Case La0 or !uicial ecisions are official interpretations or manifestation of la0 mae
by persons an agencies of the government performing 9uicial an 5uasi-9uicial
functions. .t the ape+ of the Philippine !uicial System is the Supreme Court or 0hat
they call as court of last resort. %he reorganiCation of the !uiciary of &42# <Batas
Pambansa Blg. &"4? establishe the follo0ing courtsA
Court of .ppealsE
Regional %rial Courts ivie into ifferent 9uicial regions3
Metropolitan %rial CourtE
Municipal %rial Court in CitiesE
Municipal %rial CourtsE
Municipal Circuit %rial Courts.

%he Shariah <ShariaDa? Circuit an District Courts <Presiential Decree /o. &#2(?3 Court
of %a+ .ppeals <Republic .ct /o. &&"$? an the Saniganbayan <Presiential Decree
/os. &,2- an &-#-?3 sec. ,3 .rt =' of the &421 Constitution 0ere create by separate
la0s.

Conventional ecisions are ecisions or rulings mae by regularly constitute court of
9ustice. Suborinate ecisions are those mae aministrative agencies performing 5uasi-
9uicial functions.

One ma9or problem in conucting research on case la0 is the availability of publishe or
printe ecisionsfrom the Court of .ppeals to the rest of the 9uicial an 5uasi-9uicial
agencies. %he !uicial Reform Program of the Supreme Court 0ith the establishment of
the Supreme Court *-Library aims to aress this problem an also from statute la0.
%he Reporters Office of the Supreme Court an the Court of .ppeals 6eep all the original
an complete copies of the court ecisions. :or the rest of the members of the !uiciary
or the 5uasi-9uicial agencies3 copies of their ecisions may be ta6en from the Legal
Office3 Office of the Cler6s of Court or their libraries.

Supreme Court Decisions
Decisions of the Supreme Court bin the lo0er courts an are a source of la0. 't is the
9ugment of this court 0hich etermines 0hether a la0 is constitutional or not.
Gnconstitutional la0s even though it is signe by the Presient an passe by both house
of congress can not ta6e effect in the Philippines.

Decisions of the Supreme Court are classifie as follo0sA

8Regular ecisions8 an e+tene Resolutions are publishe in court reports either in
primary or seconary sources. %hese ecisions provie the 9ustice 0ho penne the
ecision or ponente an the other 9ustices responsible for promulgating the ecision3
0hether *n Banc or by Division. Separate issenting anFor concurring opinions are
li6e0ise publishe 0ith the main ecision. %hese regular an e+tene resolutions are
available electronically in the Supreme Court *-Library uner Decsions.

Gnsigne Minute Resolutions are not publishe. .lthough they bear the same force as
the regular ecisions or e+tene resolutions3 they are signe an issue by the respective
Cler6s of Court *n Banc or Division. %hey are not publishe. %hee Supreme Court *-
Library has no0 incorporate these Minute Resolutions3 more particularly those that
resolve a motion for reconsieration or those that e+plain or affirm a ecisionE an <"?
.ministrative Matters.

Case Reports in the Philippines such the Philippine Reports3 SCR.3 SC.D come in
boun volume 0hich generally covers a month. %he Official )aCette an Philippine
Reports are the official repository of ecisions an e+tene resolutions of the Supreme
Court. %he ifference bet0een the t0o lies 0ith the fact that the Official )aCette
selectively publishes Supreme Court ecisions 0hile Philippine Reports contains all
ecisions of the Supreme Court e+cept minute resolutions. @o0ever3 from &4#& until
&4-#3 there 0ere unpublishe ecisions of the Supreme Court. %he list an sub9ect fiel
are foun at the bac6 of each volume of the Philippine Reports. Some of these ecisions
are cite in treatises or annotations. 'n vie0 to the importance of these ecisions3 the late
!uge /itafan of the Regional %rial Court of Manila starte publishing Supreme Court
Gnpublishe DecisionsE vol. & covers ecisions from March &4,- to :ebruary &4$".

*ven before the 0ar3 there 0ere unpublishe ecisions of the Court. %he source of these
unpublishe ecisions is the Office of the Reporter of the Supreme Court. Due to the
0ar3 a number of the original ecisions have been burne. So3 there is no complete
compilation of the original ecisions of the Supreme Court. %his problem is being solve
by the Supreme Court *-Library 0here are great number of these unpublishe ecisions
of the Supreme Court before the 0ar 0ere retrieve from ifferent sources such as the
Gnite States /ational .rchives in Marylan3 private collection of former Supreme
Court !ustices such as Chief !ustice Ramon .vancena an !ustice )eorge Malcom
<collection is 0ith the Gniversity of Michigan? an private la0 libraries 0ho 0ere able to
save some of their collection such as the Gniversity of Santo %omas3 the olest university
in the Philippines. Search for the unpublishe ecisions still continues. . list of these
unpublishe ecisions is in the Supreme Court *-LibraryFPro9ect COMPGSD*C.

%he early volumes3 particularly those before the 0ar 0ere originally publishe in Spanish
in the !urispruencia :ilipina. %hey 0ere translate to form the Philippine Reports.
Decisions uring the sai perio originally 0ere in the Spanish language. %he Philippine
Reports until volume &"- <&4-#Ds? 0as publishe by the Bureau of Printing3 no0 the
/ational Printing Office. Due to its late publication3 Pres. Marcos transferre its
publication to the Supreme Court.

%he most popular seconary source is the SCR.. .ctually3 legal practitioners cite it
more than the Philippine Reports an the Le+ Libris !urispruence CD ROM.

@o0 can 0e search for Supreme Court ecisionsA
%opic or Sub9ect .pproachA <Please See Complete title of the publication from the
Philippine Legal Bibliography chapter?
o Philippine Digest
o Republic of the Philippine Digest
o >elayoDs igest
o MagsinoDs Compenium
o Supreme CourtDs unpublishe Sub9ect 'ne+
o MartineCDs Summary of Supreme Court rulings &42,- to &441
o GP La0 CenterDs Supreme Court ecisionsA sub9ect ine+ an igestDs
o SCDs Case DigestDs
o Philippine La0 an !urispruence
o CastigaorDs Citations
o SCR. Huic6 'ne+ Digest
o Le+ Libris !urispruence

%itle .pproach or %itle of the .pproachA <Please See Complete title of the publication
from the Philippine Legal Bibliography chapter?
o Philippine Digest - Case 'ne+
o Republic of the Philippines Digest
o Ong3 M. %itle 'ne+ to SC ecisions &4,--&412 "v.E &412-&42& &st SupplE &42&-
&42$3 "n SupplE &42- to present is unpublishe but available at the SC Lib
o .teneoDs 'ne+ I .5uirreDs 'ne+
o Le+ Libris !urispruenceF%emplate search

Court of .ppeals ecisions
Decisions of the Court of .ppeals are merely persuasive on lo0er courts. %hey are cite
in cases 0here there are no Supreme Court ecisions in point. 'n this regar3 they are
consiere as 9uicial guies to lo0er courts an that conclusion or pronouncement they
ma6e can be raise as a octrine.

Sources of Court of .ppeals ecisions areA

%e+tA
o Official )aCette <selective publication?
o Court of .ppeals Reports 0hich 0as publishe by the Court of .ppeals until
&42#. *ven this publication is not a complete compilation. 't is still consiere selective
for not all C. ecisions are publishe.
o Court of .ppeals Reports <C.R? by Central Boo6 Supply. One volume 0as
publishe
o Philippine La0 an !urispruence
o Reports Office of the Court of .ppeals

Sub9ect or %opic .pproachA
o >elayoDs DigestE
o MorenoDs Philippine La0 ictionary

Decisions of Special Courts
Saniganbayan an the Court of %a+ .ppeals o not have publishe ecisions. %he
Saniganbayan has only one volume publisheE Saniganbayan Reports vol. & covers
ecisions promulgate from December &414 to &42#.

Court of %a+ .ppeals ecisions from &42# to "##, are foun in the Le+ LibrisE %a+ation
CD ROM.

Decisions of .ministrative .gencies3 Commissions an Boars
La0s have been promulgate 0hich grants some aministrative agencies to perform
5uasi-9uicial functions. %hese functions are istinct from their regular aministrative or
regulatory functions 0here rules an regulations are promulgate. Last 0ee63 Pres.
*straa signe the latest Securities .ct. %his affects Securities an *+change
CommissionDs <S*C? 5uasi-9uicial functions . %he other agencies performing sai
functions are /ational Labor Relations Commission </LRC?3 'nsurance Commission3
@ousing an Lan Gse Regulatory Boar <@LGRB?3 )overnment Service 'nsurance
System <)S'S?3 Social Security System <SSS? an even the Civil Service
Commission<CSC?. Some of their ecisions are publishe in the Official )aCette. Some
have their o0n publication such as the S*C an the CSC or some inclue them in their
o0n 0ebsites

CD .sia %echnologiesD Le+ Libris series has iniviual CD ROMs for the Department of
!ustice3 Securities an *+change Commission3 Bang6o Sentral ng Pilipines <Central Ban6
of the Philippines?3 an the Bureau of 'nternal Revenue. 'nclue in these iniviual CD
ROMs are the pertinent la0s3 their respective issuances as 0ell as Supreme Court
ecisions. 't CD ROM on Labor <vol. >''? incorporate issuances from the Department
of Labor an *mployment an its affiliate agencies an offices. %he %rae3 Commerce
an 'nustry CD ROM inclues Supreme Court ecisions3 la0s an issuances of its
various agencies such as the Department of %rae an 'nustry3 Boar of 'nvestments3
Bureau of Customs3 Bang6o Sentral an the Philippine Stoc6 *+change.

-. Legal Profession an Legal *ucation
%he Constitution <sec.$? vests the Supreme Court 0ith the po0er of amission to the
practice of la0. %he 9uicial function to amit to the legal profession is e+ercise by the
Supreme Court through a Car *+amination Committee. %he re5uirements to be able to
apply for amission to the bar are provie in Rule &(23 sec. " an sections $--
<acaemic re5uirements?. *very applicant for the amission must be a :ilipino citiCen
an at least "& years of age. .s to the acaemic re5uirements3 he shoul have finishe a
four year pre-la0 course an a four year la0 egree. %he Bar *+aminations are given
uring the four <,? Sunays of September of each year. %he lists of la0yers 0ho are
allo0e to practice are foun in the Rolls of .ttorneys of the Supreme Court an the
publication of the Court entitle3 La0 List. %his La0 List is available in the Supreme
Court 0ebsite.

Special Bar *+ams for ShariDa Court la0yers is provie for by virtue of the Court *n
Banc Resolution ate September "#3 &42(. %he e+am is given every t0o years.
.lthough the e+am is conucte by the Supreme Court Bar Office3 it is the Office of
Muslim .ffairs 0ho certifies as to 0ho are 5ualifie to ta6e the e+am.

.ll attorneys 0hose names are in the Rolls of .ttorneys of the Supreme Court 0ho have
5ualifie for an have passe the bar e+aminations conucte annually3 ta6en the
attorneyDs oath3 unless other0ise isbarre must be a member of the 'ntegrate Bar of the
Philippines. Bar Matter /o. 2$# 0as promulgate by the Resolution of the Supreme
Court *n Banc3 proviing for the rules on Manatory Continuing Legal *ucation
<MCL*? for .ctive Members of the 'ntegrate Bar of the Philippines <'BP?. %he
members of the 'BP have to complete every three <(? years at least thirty si+ <(-? hours
of continuing legal activities approve by the MCL* Committee. .n 'BP member 0ho
fails to comply 0ith the sai re5uirement shall pay a non-compliance fee an shall be
liste as a elin5uent member of the 'BP. . Manatory Continuing Legal *ucation
Office 0as establishe by the Supreme Court <SC .ministrative Orer /o. &&(-"##(?
to implement sai MCL*.

-." Bar .ssociations

'ntegrate Bar of the Philippines
%he official organiCation for the legal profession is the 'ntegrate Bar of the Philippines
<'BP?3 establishe by virtue of Republic .ct /o. -(41. %his confirme the po0er of the
Supreme Court to aopt rules for the integration of the Philippine Bar. Presiential
Decree &2& <&41(? constitute the 'BP into a corporate boy.

%here are no0 about ,#3### attorneys 0ho compose the 'BP. %hese are the attorneys
0hose names are in the Rolls of .ttorneys of the Supreme Court 0ho have 5ualifie for
an have passe the bar e+aminations conucte annually3 ta6en the attorneyDs oath3
unless other0ise isbarre. Membership in the 'BP is compulsory. %he Supreme Court
in its resolution Court *n Banc ate /ovember &"3 "##" <Bar Matter /o. &&("? an
amene by resolution Court *n Banc ate .pril &3 "##( <Bar Matter /o.. &&"-"##"?
re5uire all la0yers to inicate their Roll of .ttorneys /umber in all papers an pleaings
file in 9uicial an 5uasi-9uicial boies in aitional to the previously re5uire current
Professional %a+ Receipt <P%R? an 'BP Official Receipt or Life Member /umber.

Other Bar .ssociations
%he other voluntary bar associations are the Philippine Bar .ssociation3 Philippine
La0yers .ssociation3 %rial La0yers .ssociation of the Philippines3 >anguar of the
Philippine Constitution3 P@'LCO/S.3 .ll .sia .ssociation3 Catholic La0yers )uil of
the Philippines3 Society of 'nternational La03 7'LOC'3 7omen La0yers .ssociation of
the Philippines <7L.P?3 :'D.. %he Philippines is also a member of international la0
associations such as the .S*./ La0 .ssociation3 an L.7.S'..