Legal Research & Thesis Writing

Maranan Roland
JD104, FEU Law

I. INTRODUCTION TO LEGAL RESEARCH (Rodriguez, Rufus, Legal Research)

a) Definition of Legal Research

is the process of finding the laws, rules and regulations that govern activities in
human society. It involves locating both the laws and rules which are enforced by the State
and the commentaries which explain or analyze these rules.
Also defined as the investigation for information necessary to support legal
decision making.

b) Importance of Legal Research

To provide competent representation and uphold the standards of the legal profession
Competent Representation requires:
legal knowledge,
skill
thoroughness and preparation

c) Sources of Legal Research

involves the use of a variety of printed and electronic sources. The printed sources
include the Constitution, statutes, court decisions, administrative rules and scholarly
commentaries.

d) Sources of Law

PRIMARY SOURCES
(e.g. legislative actions, codes and statues, judicial decisions, administrative law, or the
regulations and decisions of government agencies, IRRs)

- recorded laws and rules which will be enforced by the State.

HIERARCHY OF COURTS
- Trial courts (RTC, MTC, MCTC)
- Intermediate appellate court (CA)
- Court of last resort (Supreme Court)

This system incorporates the processes of appellate review (higher courts review
the decisions of lower courts) and judicial review (courts determine the validity of
legislative and executive actions).

Agencies also act in a quasi-judicial capacity by conducting hearings and issuing

decisions to resolve particular disputes.

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SECONDARY MATERIALS
(e.g. treatises, commentaries, and encyclopedias (Law reviews of law school, IBP Journal and the
Lawyers Review))

- Publications which are not primary authority but which discuss or analyze legal doctrine

FINDING TOOLS
(e.g. SCRA Quick Index-Digest, PHILJURIS and LEX LIBRIS)

- Do not persuade, nor do they themselves have any primary or persuasive authority.
Findings tools are only a means for locating primary sources.

II. Introduction to the Philippine Law (Rodriguez, Rufus, Legal Research)

A. Historical Evolution of the Philippine Law

1) PRE-SPANISH
When a chieftain of a barangay wanted a law enacted to prevent
the commission of serious or minor crimes, he called in the elders of the
community and told them what he had in mind. The leaders approved his
plan, for it was meant to protect society from the incursions of the bard
elements. The chieftain then made the necessary regulations or rules,
which the elders immediately approved.

Umalahokan a public announcer, goes around the barangay to

announce the promulgation of the new rules and regulations. With a bell
in one hand, the umalahokan called the attention of the subjects by ringing
the bell furiously.

Trial by Ordeal

Two laws originating from Panay Island:

Maragtas Code
- Promulgated during the first half of the 13th century.
- The first version was published in the Ilongo-Bisayan language, with
an English translation made much in Carreons Maragtas (1943). An
authoritative Spanish translation appears in Cuico, El Codigo de Maragtas.

Kalantiao Code
- A penal code issued during the early 14th century.

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- The first Spanish text is contained in Pavon, Las Antiguas Leyendas
de la Isla de Negros published in 1837, while the first English translation of
the code was made by Robertson in his Social Structure of and Idea of Law
among Early Philippine Peoples, The Pacific Ocean in History.

2) SPANISH
Spanish Laws made Applicable to the Philippines
- Codigo de Comerio of 1885
- Codigo Penal of 1870
- Code of Civil and Criminal Procedure
- Codigo Civil of 1889

Laws specially enacted for the Colonies

- Codigo Ovandino
- Recopilacion de Leyes de los Reynos de Indias

Philippine Legislation
1) Governor-General
2) Spanish Supreme Court autos accordados
3) Crown of Spain through its councils.

Filipino representation was also largely absent in the legislative

bodies.

3) PHILIPPINE REVOLUTION
- Malolos Convention
Drafting Malolos Constitution
- Inaugurated by Emilio Aguinaldo on September 15, 1898.
- Law making body of the First Republic.
- Ratification of The Act of Declaration of Independence
- The Laws of the First Philippine Republic

4) AMERICAN
- Treaty of Paris of 1898 (end of Spanish sovereignty)
- The Philippine Autonomy Act of 1916 established a
bicameral Philippine Legislature. The Philippine Assembly (House
of Rep), Philippine Commission (Senate)
- First Philippine Commission in 1900
- A fact-finding agency (Report of the Philippine Commission
to the President, Report of the Philippine Commission to the
Secretary of War)

5) COMMONWEALTH

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- 1935 Constitution (Unicameral National Assembly).until
the Constitutional amendment of 1940 which restored the
bicameral legislature
- Public Laws of the Commonwealth.
- First Philippine Court headed by Cayetano
Arellano(American)

6) JAPANESE
- 1943 Constitution provided for a unicameral legislature known as
the National Assembly
- Some laws passed by the National Assembly were published in the
Official Gazette.

7) PHILIPPINE REPUBLIC
8) MARTIAL LAW
- 2,036 Presidential Decrees were promulgated which were
issued first in loose-leaf mimeographed form by the legislation
secretary of the Office of the President.

9) REPUBLIC REVIVAL
- 1987 Constitution restored a bicameral congress

B. Overview of the Philippine Legal system

1) EXECUTIVE
President
Section 1, Article VII of the 1987 Constitution
The executive power shall be vested in the President of the Philippines.

National Electrification Administration v. Court of Appeals, G.R. 143481, February 15

2002

As the administrative head of the government, the President is vested with the power to execute, administer, and carry out
laws into practical operation.

While the Congress is vested with the power to enact laws, the President executes
the laws. The executive power is vested in the President. It is generally defined as the power
to enforce and administer the laws. It is the power of carrying (out) the laws into practical
operation and enforcing their due observance.

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DENR vs. DENR Region XII Employees, G.R. No. 149724, 19 August 2003

It is apropos to reiterate the elementary doctrine of qualified political agency, thus:

Under this doctrine, which recognizes the establishment of a single executive, all
executive and administrative organizations are adjuncts of the Executive Department, the
heads of the various executive departments are assistants and agents of the Chief
Executive, and, except in cases where the Chief Executive is required by the Constitution
or law to act in person or the exigencies of the situation demand that he act personally,
the multifarious executive and administrative functions of the Chief Executive are
performed by and through the executive departments, and the acts of the Secretaries of
such departments, performed and promulgated in the regular course of business, are,
unless disapproved or reprobated by the Chief Executive, presumptively the acts of the
Chief Executive. This doctrine is corollary to the control power of the President as provided
under Article VII, Section 17 of the 1987 Constitution.

Section 18, Article VII of the 1987 Constitution

The President shall be the Commander-in-Chief of all armed forces of the
Philippines and whenever it becomes necessary, he may call out such
armed forces to prevent or suppress lawless violence, invasion or rebellion.
In case of invasion or rebellion, when the public safety requires it, he may,
for a period not exceeding sixty days, suspend the privilege of the writ of
habeas corpus or place the Philippines or any part thereof under martial
law. Within forty-eight hours from the proclamation of martial law or the
suspension of the privilege of the writ of habeas corpus, the President shall
submit a report in person or in writing to the Congress. The Congress,
voting jointly, by a vote of at least a majority of all its Members in regular
or special session, may revoke such proclamation or suspension, which
revocation shall not be set aside by the President. Upon the initiative of the
President, the Congress may, in the same manner, extend such
proclamation or suspension for a period to be determined by the Congress,
if the invasion or rebellion shall persist and public safety requires it.

The Congress, if not in session, shall, within twenty-four hours

following such proclamation or suspension, convene in accordance with its
rules without need of a call.

The Supreme Court may review, in an appropriate proceeding filed

by any citizen, the sufficiency of the factual basis of the proclamation of
martial law or the suspension of the privilege of the writ of habeas corpus

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or the extension thereof, and must promulgate its decision thereon within
thirty days from its filing.

David v. Arroyo, 289 SCRA 160

Delegation of Emergency Powers to the President - The president cannot validly order the taking
over of private corporations or institutions such as the Daily Tribune without any authority from
Congress. On the other hand, the word emergency contemplated in the constitution is not
limited to natural calamities but rather it also includes rebellion. The SC made a distinction; the
president can declare the state of national emergency but her exercise of emergency powers
does not come automatically after it for such exercise needs authority from Congress. The
authority from Congress must be based on the following:
1.There must be a war or other emergency.
2.The delegation must be for a limited period only.
3.The delegation must be subject to such restrictions as the Congress may prescribe.
4.The emergency powers must be exercised to carry out a national policy declared by Congress.

The President's declaration of state rebellion was merely an act declaring a status or conduction
of a public moment of interest. State of national emergency, however, is the prerogative of the
President. Her exercise of emergency powers such as the taking over of privately owned utility
requires delegation from the Congress, which is entirely different from the martial law.

Vice Presidents
Deparments
Bureaus

Section 17, Article VII of the 1987 Constitution

The President shall have control of all the executive departments,
bureaus, and offices. He shall ensure that the laws be faithfully executed.

Doctrine of qualified political agency or alter ego principle means

that the acts of the secretaries of the Executive departments performed
and promulgated in the regular course of business are presumptively the
acts of the Chief Executive. (Villena v. Secretary of the Interior, G.R. No.
L46570, April 21, 1939)

2) LEGISLATIVE
Section 1, Article VI of the 1987 Constitution
The legislative power shall be vested in the Congress of the
Philippines which shall consist of a Senate and a House of Representatives,
except to the extent reserved to the people by the provision on initiative
and referendum.

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Section 26 (2), Article VI of the 1987 Constitution
No bill passed by either House shall become a law unless it has passed
three readings on separate days, and printed copies thereof in its final form have
been distributed to its Members three days before its passage, except when the
President certifies to the necessity of its immediate enactment to meet a public
calamity or emergency. Upon the last reading of a bill, no amendment thereto shall
be allowed, and the vote thereon shall be taken immediately thereafter, and the
yeas and nays entered in the Journal.

Tolentino v. Secretary of Finance, G.R. No. 115455, 30 October 1995

Presidential certification on urgency of a bill dispenses with the requirement not only
of printing but also that of reading the bill on separate days. The phrase except
when the President certifies to the necessity of its immediate enactment, etc. in
Article VI, paragraph 26 (2) qualifies the two stated conditions before a bill can
become a law: (i) the bill has been passed three readings on separate days and (ii) it
has been printed in its final form and distributed three days before it is finally
approved. In other words, the unless clause must be read in relation to the except
clause, because the two are really coordinate clauses of the same sentence. To
construe except clause as simply dispensing with the requirement in the unless
clause (i.e., printing and distribution three days before final approval) would not only
be violate the rules of grammar. It would also negate the very premise of the
immediate enactment of a bill which is certified in order to meet a public calamity or
emergency. For if it is only the printing that is dispensed with by presidential
certification, the time saved would be so negligible as to be of any use in insuring
immediate enactment. It may well be doubted whether doing away with the necessity
of printing and distributing copies of the bill three days before the third reading would
insure speedy enactment of a law in the face of an emergency requiring the calling of a
special election for President and Vice-President. Under the Constitution such a law is
required to be made within seven days of the convening of Congress in emergency
session.

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Section 27. (1), Article VI of the 1987 Constitution

Every bill passed by the Congress shall, before it becomes a law, be
presented to the President. If he approves the same he shall sign it; otherwise, he
shall veto it and return the same with his objections to the House where it
originated, which shall enter the objections at large in its Journal and proceed to
reconsider it. If, after such reconsideration, two-thirds of all the Members of such
House shall agree to pass the bill, it shall be sent, together with the objections, to
the other House by which it shall likewise be reconsidered, and if approved by
two-thirds of all the Members of that House, it shall become a law. In all such
cases, the votes of each House shall be determined by yeas or nays, and the names
of the Members voting for or against shall be entered in its Journal. The President
shall communicate his veto of any bill to the House where it originated within
thirty days after the date of receipt thereof, otherwise, it shall become a law as if
he had signed it.
Section 27 (2), Article VI of the 1987 Constitution
The President shall have the power to veto any particular item or items in
an appropriation, revenue, or tariff bill, but the veto shall not affect the item or
items to which he does not object.

Senate
Section 2, Article VI of the 1987 Constitution
The Senate shall be composed of twenty-four Senators who shall be
elected at large by the qualified voters of the Philippines, as may be provided by
law.

House of Representatives
Section 5. (1), Article VI of the 1987 Constitution
The House of Representatives shall be composed of not more than two
hundred and fifty members, unless otherwise fixed by law, who shall be elected
from legislative districts apportioned among the provinces, cities, and the
Metropolitan Manila area in accordance with the number of their respective
inhabitants, and on the basis of a uniform and progressive ratio, and those who,
as provided by law, shall be elected through a party-list system of registered
national, regional, and sectoral parties or organizations.

3) JUDICIARY
Section 5, Article VIII of the 1987 Constitution
The Supreme Court shall have the following powers:

1) Exercise original jurisdiction over cases affecting ambassadors, other

public ministers and consuls, and over petitions for certiorari, prohibition,
mandamus, quo warranto, and habeas corpus.

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(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the
law or the Rules of Court may provide, final judgments and orders of lower courts
in:
(a) All cases in which the constitutionality or validity of any treaty,
international or executive agreement, law, presidential decree,
proclamation, order, instruction, ordinance, or regulation is in question.
(b) All cases involving the legality of any tax, impost, assessment,
or toll, or any penalty imposed in relation thereto.
(c) All cases in which the jurisdiction of any lower court is in issue.
(d) All criminal cases in which the penalty imposed is reclusion
perpetua or higher.
(e) All cases in which only an error or question of law is involved.

(3) Assign temporarily judges of lower courts to other stations as public

interest may require. Such temporary assignment shall not exceed six months
without the consent of the judge concerned.
(4) Order a change of venue or place of trial to avoid a miscarriage of
justice.
(5) Promulgate rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure in all courts, the admission
to the practice of law, the integrated bar, and legal assistance to the under-
privileged. Such rules shall provide a simplified and inexpensive procedure for the
speedy disposition of cases, shall be uniform for all courts of the same grade, and
shall not diminish, increase, or modify substantive rights. Rules of procedure of
special courts and quasi-judicial bodies shall remain effective unless disapproved
by the Supreme Court.
(6) Appoint all officials and employees of the Judiciary in accordance with
the Civil Service Law.

Supreme Court

Section 1, Article VIII of the 1987 Constitution

The judicial power shall be vested in one Supreme Court and in such lower
courts as may be established by law.

Court of Appeals

Section 9, Batas Pambansa Blg. 129

Jurisdiction. The Court of Appeals shall Exercise:

1. Original jurisdiction to issue writs of mandamus, prohibition, certiorari,

habeas corpus, and quo warranto, and auxiliary writs or processes, whether or not
in aid of its appellate jurisdiction;

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2. Exclusive original jurisdiction over actions for annulment of judgements
of Regional Trial Courts; and
3. Exclusive appellate jurisdiction over all final judgements, resolutions,
orders or awards of Regional Trial Courts and quasi-judicial agencies,
instrumentalities, boards or commission, including the Securities and Exchange
Commission, the Social Security Commission, the Employees Compensation Commission
and the Civil Service Commission, Except those falling within the appellate jurisdiction of
the Supreme Court in accordance with the Constitution, the Labor Code of the Philippines
under Presidential Decree No. 442, as amended, the provisions of this Act, and of
subparagraph (1) of the third paragraph and subparagraph 4 of the fourth paragraph of
Section 17 of the Judiciary Act of 1948.
The court of Appeals shall have the power to try cases and conduct hearings,
receive evidence and perform any and all acts necessary to resolve factual issues raised in
cases falling within its original and appellate jurisdiction, including the power to grant and
conduct new trials or Appeals must be continuous and must be completed within three (3)
months, unless extended by the Chief Justice. (as amended by R.A. No. 7902.)

Sandiganbayan
Section 4, Article IX of the 1987 Constitution
The Constitutional Commissions shall appoint their officials and
employees in accordance with law.

Court of Tax Appeals

Section 7, Republic Act No. 1125
Jurisdiction. - The Court of Tax Appeals shall exercise exclusive appellate
jurisdiction to review by appeal, as herein provided.

(1) Decisions of the Collector of Internal Revenue in cases involving disputed

assessments, refunds of internal revenue taxes, fees or other charges, penalties
imposed in relation thereto, or other matters arising under the National Internal
Revenue Code or other law or part of law administered by the Bureau of Internal
Revenue;
(2) Decisions of the Commissioner of Customs in cases involving liability for
customs duties, fees or other money charges; seizure, detention or release of
property affected fines, forfeitures or other penalties imposed in relation thereto;
or other matters arising under the Customs Law or other law or part of law
administered by the Bureau of Customs; and
(3) Decisions of provincial or city Boards of Assessment Appeals in cases
involving the assessment and taxation of real property or other matters arising
under the Assessment Law, including rules and regulations relative thereto.

Regional Trial Courts

Section 19, Batas Pambansa Blg. 129

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Jurisdiction in civil cases. Regional Trial Courts shall exercise exclusive
original jurisdiction:
(1) In all civil actions in which the subject of the litigation is
incapable of pecuniary estimation;
(2) In all civil actions which involve the title to, or possession of, real
property, or any interest therein, where the assessed value of the property
involved exceeds Twenty thousand pesos (P20,000.00) or for civil actions in
Metro Manila, where such the value exceeds Fifty thousand pesos
(50,000.00) except actions for forcible entry into and unlawful detainer of
lands or buildings, original jurisdiction over which is conferred upon
Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit
Trial Courts;
(3) In all actions in admiralty and maritime jurisdiction where he
demand or claim exceeds One hundred thousand pesos (P100,000.00) or ,
in Metro Manila, where such demand or claim exceeds Two hundred
thousand pesos (200,000.00);
(4) In all matters of probate, both testate and intestate, where the
gross value of the estate exceeds One hundred thousand pesos
(P100,000.00) or, in probate matters in Metro Manila, where such gross
value exceeds Two hundred thousand pesos (200,000.00);
(5) In all actions involving the contract of marriage and marital
relations;
(6) In all cases not within the exclusive jurisdiction of any court,
tribunal, person or body exercising jurisdiction or any court, tribunal,
person or body exercising judicial or quasi-judicial functions;
(7) In all civil actions and special proceedings falling within the
exclusive original jurisdiction of a Juvenile and Domestic Relations Court
and of the Courts of Agrarian Relations as now provided by law; and
(8) In all other cases in which the demand, exclusive of interest,
damages of whatever kind, attorney's fees, litigation expenses, and costs
or the value of the property in controversy exceeds One hundred thousand
pesos (100,000.00) or, in such other abovementioned items exceeds Two
hundred thousand pesos (200,000.00). (as amended by R.A. No. 7691*)

Section 20, Batas Pambansa Blg. 129

Jurisdiction in criminal cases. Regional Trial Courts shall exercise
exclusive original jurisdiction in all criminal cases not within the exclusive
jurisdiction of any court, tribunal or body, except those now falling under the
exclusive and concurrent jurisdiction of the Sandiganbayan which shall hereafter
be exclusively taken cognizance of by the latter.

Section 21, Batas Pambansa Blg. 129

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Original jurisdiction in other cases. Regional Trial Courts shall exercise
original jurisdiction:
(1) In the issuance of writs of certiorari, prohibition, mandamus,
quo warranto, habeas corpus and injunction which may be enforced in any
part of their respective regions; and
(2) In actions affecting ambassadors and other public ministers and
consuls.

Section 22, Batas Pambansa Blg. 129

Appellate jurisdiction. Regional Trial Courts shall exercise appellate
jurisdiction over all cases decided by Metropolitan Trial Courts, Municipal Trial
Courts, and Municipal Circuit Trial Courts in their respective territorial jurisdictions.
Such cases shall be decided on the basis of the entire record of the proceedings had
in the court of origin and such memoranda and/or briefs as may be submitted by
the parties or required by the Regional Trial Courts. The decision of the Regional
Trial Courts in such cases shall be appealable by petition for review to the
Court of Appeals which may give it due course only when the petition shows
prima facie that the lower court has committed an error of fact or law that will
warrant a reversal or modification of the decision or judgment sought to be
reviewed.

Section 23, Batas Pambansa Blg. 129

Special jurisdiction to try special cases. The Supreme Court may designate
certain branches of the Regional Trial Courts to handle exclusively criminal cases,
juvenile and domestic relations cases, agrarian cases, urban land reform cases
which do not fall under the jurisdiction of quasi-judicial bodies and agencies,
and/or such other special cases as the Supreme Court may determine in the
interest of a speedy and efficient administration of justice.

Section 24, Batas Pambansa Blg. 129

Special Rules of Procedure. Whenever a Regional Trial Court takes
cognizance of juvenile and domestic relation cases and/or agrarian cases, the
special rules of procedure applicable under present laws to such cases shall
continue to be applied, unless subsequently amended by law or by rules of court
promulgated by the Supreme Court.

METROPOLITAN TRIAL COURTS, MUNICIPAL TRIAL COURTS, AND MUNICIPAL CIRCUIT TRIAL
COURTS

Section 32, Batas Pambansa Blg. 129

Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and
Municipal Circuit Trial Courts in criminal cases. Except in cases falling within the
exclusive original jurisdiction of Regional Trial Courts and of the Sandiganbayan,

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the Metropolitan Trial Courts, Municipal Trial Courts, and Municipal Circuit Trial
Courts shall exercise:
(1) Exclusive original jurisdiction over all violations of city or
municipal ordinances committed within their respective territorial
jurisdiction; and
(2) Exclusive original jurisdiction over all offenses punishable with
imprisonment not exceeding six (6) years irrespective of the amount of fine,
and regardless of other imposable accessory or other penalties, including
the civil liability arising from such offenses or predicated thereon,
irrespective of kind, nature, value, or amount thereof: Provided, however,
That in offenses involving damage to property through criminal negligence
they shall have exclusive original jurisdiction thereof. (as amended by R.A,
No. 7691)

Section 33, Batas Pambansa Blg. 129

Jurisdiction of Metropolitan Trial Courts, Municipal Trial Courts and
Municipal Circuit Trial Courts in civil cases. Metropolitan Trial Courts, Municipal
Trial Courts, and Municipal Circuit Trial Courts shall exercise:
(1) Exclusive original jurisdiction over civil actions and probate
proceedings, testate and intestate, including the grant of provisional
remedies in proper cases, where the value of the personal property, estate,
or amount of the demand does not exceed One hundred thousand pesos
(P100,000.00) or, in Metro Manila where such personal property, estate,
or amount of the demand does not exceed Two hundred thousand pesos
(P200,000.00) exclusive of interest damages of whatever kind, attorney's
fees, litigation expenses, and costs, the amount of which must be
specifically alleged: Provided, That where there are several claims or causes
of action between the same or different parties, embodied in the same
complaint, the amount of the demand shall be the totality of the claims in
all the causes of action, irrespective of whether the causes of action arose
out of the same or different transactions;
(2) Exclusive original jurisdiction over cases of forcible entry and
unlawful detainer: Provided, That when, in such cases, the defendant raises
the question of ownership in his pleadings and the question of possession
cannot be resolved without deciding the issue of ownership, the issue of
ownership shall be resolved only to determine the issue of possession.
(3) Exclusive original jurisdiction in all civil actions which involve
title to, or possession of, real property, or any interest therein where the
assessed value of the property or interest therein does not exceed Twenty
thousand pesos (P20,000.00) or, in civil actions in Metro Manila, where
such assessed value does not exceed Fifty thousand pesos (P50,000.00)
exclusive of interest, damages of whatever kind, attorney's fees, litigation
expenses and costs: Provided, That value of such property shall be

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determined by the assessed value of the adjacent lots. (as amended by R.A.
No. 7691)

4) Quasi Judicial Agency

Administrative agencies exercising judicial powers for the purpose of
attaining its specific goals.

5) Constitutional Commission
Section 1, Article IX-A, The 1987 Constitution
The Constitutional Commissions, which shall be independent, are the Civil
Service Commission, the Commission on Elections, and the Commission on Audit.

6) Local Governments
7) Other government agencies
Commission on Human Rights
Office of the Ombudsman

Sources of Law
A. Sources of Law
Law - A rule of conduct, just and obligatory, promulgated by legitimate authority
for the common observance and benefit.

1. Primary Sources of Law recorded laws and rules enforced by the state

a. Constitution

PREAMBLE
We, the sovereign Filipino people, imploring the aid of Almighty God, in order
to build a just and humane society, and establish a Government that shall
embody our ideals and aspirations, promote the common good, conserve and
develop our patrimony, and secure to ourselves and our posterity, the blessings
of independence and democracy under the rule of law and a regime of truth,
justice, freedom, love, equality, and peace, do ordain and promulgate this
Constitution.

ARTICLE 7, THE NEW CIVIL CODE (NCC)

Laws are repealed only be subsequent ones, and their violation or non-
observance shall not be excused by disuse, or custom or practice to the
contrary.

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When the courts declared a law to be inconsistent with the Constitution, the
former shall be void and the latter shall govern.

Administrative or executive acts, orders and regulations shall be valid only

when they are not contrary to the laws or the Constitution.

b. Statues or Statutory Law

Statutes - A written will of the legislature expressed according to the form

necessary to constitute it a law of the state and rendered authentic by certain
prescribed forms and solemnities.

i. STATUES OF LEGISLATIVE ENACTMENT

- ENACTMENT OF LAWS

Section 26. (2), 1987 Constitution

No bill passed by either House shall become a law unless it has passed three
readings on separate days, and printed copies thereof in its final form have
been distributed to its Members three days before its passage, except when
the President certifies to the necessity of its immediate enactment to meet a
public calamity or emergency. Upon the last reading of a bill, no amendment
thereto shall be allowed, and the vote thereon shall be taken immediately
thereafter, and the yeas and nays entered in the Journal.

Section 27. (1), 1987 Constitution

Every bill passed by the Congress shall, before it becomes a law, be presented
to the President. If he approves the same he shall sign it; otherwise, he shall
veto it and return the same with his objections to the House where it
originated, which shall enter the objections at large in its Journal and proceed
to reconsider it. If, after such reconsideration, two-thirds of all the Members of
such House shall agree to pass the bill, it shall be sent, together with the
objections, to the other House by which it shall likewise be reconsidered, and if
approved by two-thirds of all the Members of that House, it shall become a
law. In all such cases, the votes of each House shall be determined by yeas or
nays, and the names of the Members voting for or against shall be entered in
its Journal. The President shall communicate his veto of any bill to the House
where it originated within thirty days after the date of receipt thereof,
otherwise, it shall become a law as if he had signed it.cralaw
(2) The President shall have the power to veto any particular item or items in
an appropriation, revenue, or tariff bill, but the veto shall not affect the item
or items to which he does not object.

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- REPEAL AND AMENDMENT OF LAWS

Article 7, The New Civil Code (Ncc)

Laws are repealed only be subsequent ones, and their violation or non-
observance shall not be excused by disuse, or custom or practice to the
contrary.

When the courts declared a law to be inconsistent with the Constitution, the
former shall be void and the latter shall govern.

Administrative or executive acts, orders and regulations shall be valid only

when they are not contrary to the laws or the Constitution.

- PRESUMPTION OF VALIDITY

- DECLARATION OF UNCONSTITUTIONALITY

De Agbayani v. PNB, 28 SCRA 429

Doctrine of Operative Fact - a legislative or executive act, prior to its being declared as unconstitutional by
the courts, is valid and must be complied with.
When the courts declare a law to be inconsistent with the Constitution, the former shall be void and the
latter shall govern. Administrative or executive acts, orders and regulations shall be valid only when they
are not contrary to the laws of the Constitution. It is understandable why it should be so, the Constitution
being supreme and paramount. Any legislative or executive act contrary to its terms cannot survive.

Such a view has support in logic and possesses the merit of simplicity. It may not however be sufficiently
realistic. It does not admit of doubt that prior to the declaration of nullity such challenged legislative or
executive act must have been in force and had to be complied with. This is so as until after the judiciary, in
an appropriate case, declares its invalidity, it is entitled to obedience and respect. Parties may have acted
under it and may have changed their positions. What could be more fitting than that in a subsequent
litigation regard be had to what has been done while such legislative or executive act was in operation and
presumed to be valid in all respects. It is now accepted as a doctrine that prior to its being nullified, its
existence as a fact must be reckoned with. This is merely to reflect awareness that precisely because the
judiciary is the governmental organ which has the final say on whether or not a legislative or executive
measure is valid, a period of time may have elapsed before it can exercise the power of judicial review that
may lead to a declaration of nullity. It would be to deprive the law of its quality of fairness and justice then,
if there be no recognition of what had transpired prior to such adjudication.

In the language of an American Supreme Court decision: The actual existence of a statute, prior to such a
determination [of unconstitutionality], is an operative fact and may have consequences which cannot justly
be ignored. The past cannot always be erased by a new judicial declaration. The effect of the subsequent
ruling as to invalidity may have to be considered in various aspects, with respect to particular relations,
individual and corporate, and particular conduct, private and official.

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- EFFECTIVITY OF LAWS

Article 2, The New Civil Code (Ncc)

Laws shall take effect after fifteen days following the completion of their
publication either in the Official Gazette or in a newspaper of general
circulation in the Philippines, unless it is otherwise provided.

ARTICLE 3, The New Civil Code (Ncc)

Ignorance of the law excuses no one from compliance therewith.

Taada v. Tuvera, G.R. No. 63915, December 29, 1986

Publication - The clause unless it is otherwise provided refers to the date of effectivity and
not to the requirement of publication itself, which cannot in any event be omitted. This clause
does not mean that the legislature may make the law effective immediately upon approval,
or in any other date, without its previous publication.

Laws should refer to all laws and not only to those of general application, for strictly
speaking, all laws relate to the people in general albeit there are some that do not apply to
them directly. A law without any bearing on the public would be invalid as an intrusion of
privacy or as class legislation or as an ultra vires act of the legislature. To be valid, the law
must invariably affect the public interest eve if it might be directly applicable only to one
individual, or some of the people only, and not to the public as a whole.

All statutes, including those of local application and private laws, shall be published as a
condition for their effectivity, which shall begin 15 days after publication unless a different
effectivity date is fixed by the legislature.

Publication must be in full or it is no publication at all, since its purpose is to inform the public
of the content of the law.

Honasan II v. The Panel of Investigating Prosecutors of the Department of Justice, G.R. No.
159747, April 13, 2004

Publication - The only circulars and regulations which prescribe a penalty for its violation
should be published before becoming effective. People vs. Que Po Lay, 94 Phil. 640 (1954)

Interpretative regulations and those merely internal in nature, that is regulating only the
personnel of the administrative agency and not the public, need not be published. Neither is
publication required of the so called letters of instructions issued by the administrative
superiors concerning the rules on guidelines to be followed by their subordinates in
performance of their duties. Taada V. Tuvera, 146 Scra 453 (1986)

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Article 8, The New Civil Code (NCC)

Judicial decisions applying or interpreting the laws or the Constitution shall
form part of the legal system of the Philippines.

Tawang Multipurpose Cooperative v. La Trinidad Water District, G.R. No. 166471, March
22, 2011

Constitutional Supremacy - When the law is clear, there is nothing for the courts to do but to
apply it. In case of conflict between the Constitution and a statute, the Constitution always
prevails because the Constitution is the basic law to which all other laws must conform to.
The duty of the Court is to uphold the Constitution and to declare void all laws that do not
conform to it.

ii. EXECUTIVE/PRESIDENTIAL AND OTHER ISSUEANES OF THE DIFFERENT

GOVERNMENT AGENCIES INCLUDING GOCCS

Section 1, Chapter 1, Book III, Office Of The President, Administrative Code

Power of Control. The President shall have control of all the executive
departments, bureaus, and offices. He shall ensure that the laws be faithfully
executed.

Section 2, Chapter 2, Book III, Office Of The President, Administrative Code

Executive Orders. Acts of the President providing for rules of a general or
permanent character in implementation or execution of constitutional or
statutory powers shall be promulgated in executive orders.

Section 3, Chapter 2, Book III, Office Of The President, Administrative Code

Administrative Orders. Acts of the President which relate to particular aspect
of governmental operations in pursuance of his duties as administrative head
shall be promulgated in administrative orders.

Section 4 Chapter 2, Book III, Office Of The President, Administrative Code

Proclamations. Acts of the President fixing a date or declaring a status or
condition of public moment or interest, upon the existence of which the
operation of a specific law or regulation is made to depend, shall be
promulgated in proclamations which shall have the force of an executive
order.

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Section 5, Chapter 2, Book III, Office Of The President, Administrative Code

Memorandum Orders. Acts of the President on matters of administrative
detail or of subordinate or temporary interest which only concern a particular
officer or office of the Government shall be embodied in memorandum orders.

Section 6, Chapter 2, Book III, Office Of The President, Administrative Code

Memorandum Circulars. Acts of the President on matters relating to internal
administration, which the President desires to bring to the attention of all or
some of the departments, agencies, bureaus or offices of the Government, for
information or compliance, shall be embodied in memorandum circulars.

Section 7, Chapter 2, Book III, Office Of The President, Administrative Code

General or Special Orders. Acts and commands of the President in his capacity
as Commander-in-Chief of the Armed Forces of the Philippines shall be issued
as general or special orders.

Section 7, Chapter 2, Book IV, The Executive Branch, Administrative Code

Powers and Functions of the Secretary. The Secretary shall:

(1) Advise the President in issuing executive orders, regulations, proclamations

and other issuances, the promulgation of which is expressly vested by law in
the President relative to matters under the jurisdiction of the Department.
Section 50, Chapter 11, Book IV, Administrative Issuances, Administrative
Code
General Classification of Issuances. The administrative issuances of
Secretaries and heads of bureaus, offices or agencies shall be in the form of
circulars or orders.

iii. TREATIES AND INTERNATIONAL AGREEMENTS (see pp. 106 107, Legal
Research by Rufus Rodriguez)

Section 2, Article II, The 1987 Constitution

The Philippines renounces war as an instrument of national policy, adopts the
generally accepted principles of international law as part of the law of the land
and adheres to the policy of peace, equality, justice, freedom, cooperation, and
amity with all nations.

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Pharmaceutical and Healthcare Association of the Philippines v. Duque, G.R. No. 173034,
October 9, 2007

Doctrine of Incorporation and Doctrine of Transformation - Under the 1987 Constitution,

international law can become part of the sphere of domestic law either by transformation or
incorporation; Treaties become part of the law of the land through transformation pursuant to
Art. VII, Sec. 21 of the Constitution. Transformation method requires that an international law
be transformed into a domestic law through a constitutional mechanism such as local legislation.
Generally accepted principles of law, Sec.2, Art. II of the Constitution, whereby the Philippines
adopts the generally accepted principles of international law as part of the law of the land,
embodies the incorporation method. The incorporation method applies when, by mere
constitutional declaration, international is deemed to have the force of domestic law.

Section 21, Article VII, The 1987 Constitution

No treaties or international agreement shall be valid and effective unless
concurred in by at least two thirds of all the members of the Senate.
Bayan Muna v. Romulo, G.R. No. 159618, February 1, 2011

Agreement between heads of states - An "exchange of notes" is a record of a routine agreement, that has many
similarities with the private law contract. The agreement consists of the exchange of two documents, each of the
parties being in the possession of the one signed by the representative of the other. Under the usual procedure, the
accepting State repeats the text of the offering State to record its assent. The signatories of the letters may be
government Ministers, diplomats or departmental heads. The technique of exchange of notes is frequently resorted
to, either because of its speedy procedure, or, sometimes, to avoid the process of legislative approval.

In another perspective, the terms "exchange of notes" and "executive agreements" have been used interchangeably,
exchange of notes being considered a form of executive agreement that becomes binding through executive action.
On the other hand, executive agreements concluded by the President "sometimes take the form of exchange of notes
and at other times that of more formal documents denominated agreements or protocols.

Article 2 of the Vienna Convention on the Law of Treaties defines a treaty as "an international agreement concluded
between states in written form and governed by international law, whether embodied in a single instrument or in two
or more related instruments and whatever its particular designation." International agreements may be in the form
of (1) treaties that require legislative concurrence after executive ratification; or (2) executive agreements that are
similar to treaties, except that they do not require legislative concurrence and are usually less formal and deal with a
narrower range of subject matters than treaties.

Under international law, there is no difference between treaties and executive agreements in terms of their binding
effects on the contracting states concerned, as long as the negotiating functionaries have remained within their
powers. Neither, on the domestic sphere, can one be held valid if it violates the Constitution. Authorities are, however,
agreed that one is distinct from another for accepted reasons apart from the concurrence-requirement aspect. As has
been observed by US constitutional scholars, a treaty has greater "dignity" than an executive agreement, because its
constitutional efficacy is beyond doubt, a treaty having behind it the authority of the President, the Senate, and the
people; a ratified treaty, unlike an executive agreement, takes precedence over any prior statutory enactment.

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iv. ADMINISTRATIVE RULES AND REGULATIONS (see pp. 141 146, Legal
Research by Rufus Rodriguez)

Covered by this rule are presidential decrees and executive orders promulgated by
the President in the exercise of legislative powers whenever the same are validly
delegated by the legislature or, at present, directly conferred by the Constitution.
Administrative rules and regulations must also be published if their purpose is to
enforce or implement existing law pursuant also to a valid delegation. (Tanda v.
Tuvera, 1986)

v. LOCAL ORDINANCES AND RESOLUTIONS (see pp. 147 148, Legal Research
by Rufus Rodriguez)

Section 1, Article X, The 1987 Constitution

The territorial and political subdivisions of the Republic of the Philippines are
the provinces, cities, municipalities, and barangays. There shall be autonomous
regions in Muslim Mindanao and the Cordilleras as hereinafter provided.

Section 2, Article X, The 1987 Constitution

The territorial and political subdivisions shall enjoy local autonomy.

Magtajas v. Pryce Properties, 234 SCRA 255

Ordinances vs. Statutes - Ordinances should not contravene a statute is obvious. Municipal
governments are only agents of the national government. Local councils exercise only delegated
legislative powers conferred on them by Congress as the national lawmaking body. The delegate
cannot be superior to the principal or exercise powers higher than those of the latter. It is a heresy
to suggest that the local government units can undo the acts of Congress, from which they have
derived their power in the first place, and negate by mere ordinance the mandate of the statute.

Section 16, Local Government Code (LGC)

General Welfare. Every local government unit shall exercise the powers
expressly granted, those necessarily implied therefrom, as well as powers
necessary, appropriate, or incidental for its efficient and effective governance,
and those which are essential to the promotion of the general welfare. Within
their respective territorial jurisdictions, local government units shall ensure and
support, among other things, the preservation and enrichment of culture,
promote health and safety, enhance the right of the people to a balanced
ecology, encourage and support the development of appropriate and self-
reliant scientific and technological capabilities, improve public morals,
enhance economic prosperity and social justice, promote full employment

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among their residents, maintain peace and order, and preserve the comfort
and convenience of their inhabitants.

City of Manila v. Laguio, G.R. No. 118127, April 12, 2005

White Light Corporation v. City of Manila, G.R. No. 122846, January 20, 2009

Test of a Valid Ordinance - A long line of decisions has held that for an ordinance to be valid, it must not
only be within the corporate powers of the local government unit to enact and must be passed according
to the procedure prescribed by law, it must also conform to the following substantive requirements:
(1)must not contravene the Constitution or any statute;
(2)must not be unfair or oppressive;
(3)must not be partial or discriminatory;
(4)must not prohibit but may regulate trade;
(5)must be general and consistent with public policy; and
(6)must not be unreasonable.

The Ordinance was passed by the City Council in the exercise of its police power, an enactment of the City
Council acting as agent of Congress. This delegated police power is found in Section 16 of the Local
Government Code, known as the general welfare clause.

vi. Case Law or Jurisprudence

Case Law - the decisions, interpretations made by judges while deciding on the
legal issues before them which are considered as the common law or as an aid for
interpretation of a law in subsequent cases with similar conditions. Case laws are
used by advocates to support their views to favor their clients and also it
influences the decision of the judges.

Article 4, The New Civil Code (NCC)

Laws shall have no retroactive effect, unless the contrary is provided.

Article 8, The New Civil Code (NCC)

Judicial decisions applying or interpreting the laws or the Constitution shall
form part of the legal system of the Philippines.

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Spouses Benzonan v. Court of Appeals, G.R. No. 97973, January 27, 1992

The Court said that though they are bound by decisions pursuant to Article 8 of the Civil Code, the
Court also stressed that: while our decisions form part of the law of the land, they are also subject
to Article 4 of the Civil Code which states that laws shall have no retroactive effect unless the
contrary is provided. Moreover, the Court emphasized that when a doctrine of this Court is
overruled and a different view is adopted, the new doctrine should be applied prospectively xxx.

A new doctrine of the Court cannot operate retroactively if it impairs vested rights.

Silverio v. Republic, G.R. No. 174689, October 19, 2007

It is true that Article 9 of the Civil Code mandates that no judge or court shall decline to render
judgment by reason of the silence, obscurity or insufficiency of the law. However, it is not a
license for courts to engage in judicial legislation. The duty of the courts is to apply or interpret the
law, not to make or amend it.
In our system of government, it is for the legislature, should it choose to do so, to determine what
guidelines should govern the recognition of the effects of a law.

Re: Resolution Granting Automatic Permanent Total Disability Benefits to Heirs of Justices and
Judges Who Die in Actual Service, A.M. No. 02-12-01-SC

[d]ecisions of this Court, although in themselves not laws, are nevertheless evidence of what the
laws mean, and this the reason why under Article 8 of the New Civil Code, judicial decisions applying
or interpreting the laws or the Constitution shall form part of the legal system x x x. The
interpretation upon a law by this Court constitutes, in a way, a part of the law as of the date the law
was originally passed, since this Courts construction merely establishes the contemporaneous
legislative intent that the law thus construed intends to effectuate. People vs. Jabinal

- Decisions Proper
Decisions by regular courts of Justice

* Decisions of the Supreme Court

* Decisions of the Court of Appeals
* Decisions of the Sandiganbayan
* Decisions of the Court of Tax Appeals
* Decisions of the Regional Trial Courts
* Decisions of the Metropolitan Trial Courts, the Municipal Trial Courts and
the Municipal Circuit Trial Courts

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- Subordinate Decisions
Ruling of Boards, Commissions, and Administrative officers, and opinions
of legal officers of the Government.

*Decisions of the Senate Electoral Tribunal and the House of

Representatives Electoral Tribunal
*Decisions of Administrative Agencies Exercising Quasi Judicial Powers,
such as:
*COMELEC
*CSC
*Commission on Audit
*NLRC
*Insurance Commission
*Housing & Land Use Regulatory Board
*DAR Adjudication Board

- Special Tribunals

- Judicial System at present

1. Trial Courts of Limited Jurisdiction
2. Trial Courts of General Jurisdiction
3. Court of Appeals
4. Court of Last Resort

- Principles In Study Case Law

1. Doctrine of Precedent

2. Stare Decisis and Res Judicata

Stare Decisis -The principle that the decisions of a court are a binding authority on the
court that issued the decisions and on the lower courts for the disposition of factually
similar controversies. Stand on what has been decided.

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Ting v. Velez-Ting, G.R. No. 166562, March 31, 2009

The principle of stare decisis enjoins adherence by lower courts to doctrinal rules established by this Court in its final
decisions. It is based on the principle that once a question of law has been examined and decided, it should be
deemed settled and closed to further argument. Basically, it is a bar to any attempt to relitigate the same issues,
necessary for two simple reasons: economy and stability. In our jurisdiction, the principle is entrenched in Article 8
of the Civil Code.

Two strains of stare decisis have been isolated by legal scholars. The first, known as vertical stare decisis deals with
the duty of lower courts to apply the decisions of the higher courts to cases involving the same facts. The second,
known as horizontal stare decisis requires that high courts must follow its own precedents. Prof. Consovoy correctly
observes that vertical stare decisis has been viewed as an obligation, while horizontal stare decisis, has been viewed
as a policy, imposing choice but not a command.

Res judicata - a matter adjudged, judicially acted upon or decided, or settled by judgment. It
provides that a final judgment on the merits rendered by a court of competent jurisdiction is
conclusive as to the rights of the parties and their privies; and constitutes an absolute bar to
subsequent actions involving the same claim, demand or cause of action.

Philippine Farming Corporation, LTD. V. Llanos, et al., G.R. No. L-21014, August 14, 1965

The requisites for res judicata are: (1) court of competent jurisdiction; (2) final judgment or order on
the merits; and (3) identities of parties, subject matter, and cause of action San Diego v. Calderon, 70
Phil. 281, 283

Requisites of Res judicata:

(1) The former judgment must be final;
(2) The court that rendered it had jurisdiction over the subject matter and the parties;
(3) It is a judgment on the merits (rendered after consideration of evidence and
stipulations); and
(4) There is between the first and the second actions an identity of parties,
subject matter and cause of action

3. Reversal of Judgement and Overruling of decision

Section 4 (3), Article VIII, The 1987 Constitution

Cases or matters heard by a division shall be decided or resolved with the
concurrent of a majority of the Members who actually took part in the
deliberations on the issues in the case and voted thereon, and in no case,
without the concurrent of at least three of such Members. When the required
number is not obtained, the case shall be decided en banc: Provided, that no
doctrine or principle of law laid down by the court in a decision rendered en
ban or in division may be modified or reveres except by the court sitting en
banc.

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Castro v. JBC, G.R. No. 191002, April 20, 2010

The Constitution itself recognizes the innate authority of the Court en banc to modify or reverse a
doctrine or principle of law laid down in any decision rendered en banc or in division.

An en banc session (French for "in bench") is a session in which a case is heard before all the judges
of a court (before the entire bench) rather than by a panel of judges selected from them.

4. Ratio Decidendi and Obiter Dictum

Ratio Decidendi - the rule of law on which a judicial decision is based.

Obiter Dictum - a judge's incidental expression of opinion, not essential to the decision and not
establishing precedent.

Obra v. Spouses Badua, G.R. No. 149125, August 9, 2007

Ratio decidendi - Where there is a conflict between the fallo and the ratio decidendi or body of the
decision, the fallo controls. This rule rests on the theory that the fallo is the final order while the
opinion in the body is merely a statement ordering nothing. The rule applies when the dispositive
part of a final decision or order is definite, clear, and unequivocal, and can wholly be given effect
without need of interpretation or construction.

Office of the Ombudsman v. Court of Appeals, G.R. No. 160675, June 16, 2006

Obiter dictum - The statement that made reference to the power of the Ombudsman is, at best,
merely an obiter dictum and, as it is unsupported by sufficient explanation, is susceptible to varying
interpretations x x x x [h]ence, it cannot be cited as a doctrinal declaration of this Court nor is it safe
from judicial examination.

DIFFERENCE BETWEEN RATIO DECIDENDI AND OBITER DICTA (DICTUM)

Ratio Decidendi Obiter Dicta
Ratio the measure of a quantity in terms of obiter = by the way; dicta (pl.) = sayings;
another; decidendi = decision dictum (sing.) = saying.
the ratio decidendi may be described roughly as the An obiter dictum is a statement made by a
rule of law applied by and acted on by the court, or the judge in course of his judgment which may
rule which the court regarded as governing the not be precisely relevant to the issue
case.. before him.

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The ratio decidendi has binding authority. It is more
authoritative than obiter dicta.
if ratio decidendi is a rule of law expressly or impliedly
treated by the judges as a necessary step in reaching
his conclusion.
if we think of the rule of law as a line on graph, then
the case itself is like a point through which that line is
drawn
Legal Research & Thesis Writing
An obiter dictum has no such binding
authority. It is a by-product of the original
judgment. They are only remarks and
opinions of the judge.
A dictum is a rule of law stand by a judge
which was neither expressly nor impliedly
treated by him as a necessary step in
reaching his conclusion.
The rules of law based on hypothetical
facts are mere dicta.

5. Binding authority and Persuasive authority

Mandatory authority refers to cases, statutes, or regulations that the court must follow because it
is binding on the court. Thus, lower courts are required to follow decisions from higher courts in the
same jurisdiction.

Persuasive authority refers to cases, statutes, regulations, or secondary sources that the court may
follow but does not have to follow. Thus, the holding from a court in another jurisdiction or a lower
court in the same jurisdiction is persuasive authority.

- Forms of Decisions
1. Dispositive or Fallo and Ratio Decidendi

Obra v. Spouses Badua, G.R. No. 149125, 9 August 2007

2. Minute Resolutions and Decisions

Philippine Health Care Providers, Inc. Commissioner of Internal Revenue,

G.R. No. 167330, 18 September 2009

3. Opinion and Decision

Disini v. Secretary of Justice, G.R. No. 203335, 11 February 2014

2. Regulations and rulings of administrative agencies

3.

2. Secondary sources of law Publications which are not primary authority but which
discuss or analyze legal doctrine.

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1. CLASSIFICATION BY AUTHORITY
a. Primary Authority
I. Mandatory primary authority
II. Persuasive mandatory authority
b. Secondary authority
2. CLASSIFICATION BY SOURCE
a. Primary sources
b. Secondary sources
3. CLASSIFICATION BY CHARACTER
a. Statute Law Books
b. Case Law Books or Law Reports
c. Combination of Stature Law Books and Case Law Books
d. Law Finders

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