human jurisprudence

Woodward and Armstrong

ESTRADA RUNNING FOR PRES.

The President shall not be eligible for any re-election
Basis:
o Logic
President refers to the sitting president
THE refers to a particular person
o Intent is to prevent the President to utilize government fund for election

Grading System
1/3 recitation
1/3 mid-term
1/3 finals

The Comparative Study of the Judicial Role and Its Effect on the Theory on Judicial
Precedents in the Philippine Hybrid Legal System
Cesar Lapuz Villanueva

Analysis of the Theory

Under Art 6. Of Spanish Code: No written law => customs of the place and
general principles of law
Judicial decisions cannot be resorted to since lower court may disregard the
decisions of the higher court
Successive order according to Manresa:
o Written law
o Customs of the place
o Judicial decisions
o General principles of law
In reality, general principles are resorted to prior to judicial decisions
Art 8 of the NCC: judicial decisions on interpretation of laws/constitution
shall form part of the legal system of the Phils.
Judicial decisions are not independent sources of law in the sense of
creating new law merely filling the gaps, clarifying ambiguities and harmonizing
apparent inconsistencies in law
Double function of courts (free scientific research):
o Fill deficiencies of legislation

o Adapt and adjust rigid and inflexible provision of law, rendered inadequate
by time and circumstances, to the changing conditions of life and society.
Draft of NCC which was not included in actual law: when there is no law
applicable to point at issue
o the general or local customs
o judge shall apply rule which he believes the lawmaking body would lay down
guided by the general principles of law and justice
o analogous laws
o foreign legislation and decisions
o opinions of jurists
o legal maxims
Tolentino: use positive law, customs, jurisprudence, jurisconsults and
commentators
Art 9: No judge/court shall decline to render judgment by reason of silence,
obscurity or insufficiency of the laws

Characteristics of Theory
Irony: Judicial decisions are submitted to be sources of law but do not
constitute law
 Hierarchical Application
o Decisions of SC are binding laws, while CA decisions on issues not covered by
the SC serve merely as a judicial guide.
o Decisions of other hand are not considered binding at all
o Lower court should be allowed to depart from decisions of superior tribunals
as a direct way of provoking reexamination of an important legal question
o Ratio:
Assure stability in legal relations and avoid confusion, it has to speak with
one voice with finality, logically and rightly through the highest tribunal.
Has to be definitive and authoritative.
To do otherwise could result to inconsistency in rulings in the lower courts
There has never been a consistent reporter system of CA, other special courts
nor CFI decisions
Hierarchical application provides a testing ground for legal issues to be
clarified to lay down solid judicial background for an SC review
o Grounds for review by the SC of CA decisions
CA decided a question of substance not determined by SC or probably not in
accord with law or decisions of SC
CA departed from accepted and usual course of judicial proceedings
Modal Scope
o
Doctrinal Form