Philippine Legal Research - Ong

8/12/2019 Philippine Legal Research - Ong

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Philippine Legal Research

By Milagros Santos-Ong

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

Published July 2005See the Update!

Table of Contents1.Introduction2. Political Structure3. Government Structure

3.1!ecutive "ranch3.2 Le#islative Department3.3 $udicial System3.% Constitutional Commissions

3.&Local Governments3.' (ther Government )#encies

%. Le#al System%.1*ature of the Philippines Le#al System%.2 Sources of La+

&.Le#al ,esearch&.1 ,esearch of Statute La+&.2,esearch of Case La+

'. Le#al Profession'.1La+ Schools'.2 "ar )ssociations

-. Le#al "iblio#raphy

.Le#al Sources .1 lectronic Sources.2Philippine Le#al Publishers

"ntroduction/he Philippines is an archipela#o of -01- islands +ith a land area of 20-% s. 4ilometers. Itis surrounded by the Pacific (cean on the east0 South China Sea on the *orth and the 5est andthe Celebes Sea on the South. /his comprises the *ational /erritory of the Philippines. )rticle Iof the 1- Constitution provides that the 6national territory comprises the Philippinearchipela#o0 +ith all the islands and +aters embraced therein and all other territories +hich thePhilippines has soverei#nty or 7urisdiction.6/he8ilipino culture+as molded over more than a hundred ethnic #roups consistin# of 19Christian :alay0 %9 :uslim :alay0 1.&9 Chinese and 39 others. )s of the lastnational census0the population of the Philippines is '.& million.8ilipino is the national lan#ua#e ;1- Constitution0 )rt.


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/here are t+o reli#ions the country@ Christianity and Islam. Christianity0 more particularlyCatholicism0 is practiced by more than 9 of the population. It +as introduced by Spain in1&21. /he Protestant reli#ion +as introduced by )merican missionaries.

Aglipay0 or the Philippine Independent Church0 and theIglesia ni Kristoare t+o 8ilipino

independent churches. (ther Christian reli#ious or#aniAations li4e the l Shaddai0 and B$esus isLordB have been established and have a #reat influence to the nation.,eli#ion has a #reat influence in the le#al system of the Philippines. 8or the :uslim or Islamicreli#ion0 a special la+0 the Code of :uslim Personal La+s0 +as promul#ated and special courts

+ere established0 the ShariBa courts.2 Political Structure/he Constitution is the fundamental la+ of the land. Pursuant to the 1- Constitution0 dulyratified in a plebiscite held on 8ebruary 20 1-0 the present political structure of the Philippines

+as defined.

/he 1- Constitution provides that the Philippines is a democratic and republican state +heresoverei#nty resides in the people and all #overnment authority emanates from them ;)rticle II0section 1>.

# $o%ern&ent Structure/he #overnment structure differs as one #oes throu#h the history of the Philippines0 +hich may

be cate#oriAed as follo+s@ a> PreSpanish b>. Spanish period c>. )merican period d>. $apaneseperiod e>. ,epublic and f>. :artial La+ Perioda> PreSpanish ;before 1&21>/heBarangaysor independent communities +ere the unit of #overnment structures beforeSpain coloniAed the Philippines. /he head of each barangay+as theDatu. ?e #overns the

baran#ays usin# native rules +hich are customary and un+ritten. /here +ere t+o codes durin#this period@ the :ara#tas Code issued by Datu Suma4+el of Panay Island and the Code ofEalantiao issued by Datu Ealantiano in 1%33. /he e!istence of these codes is uestioned bysome historians.$ust li4e many ancient societies0 trial by ordeal +as practiced.

b>. Spanish period ;1&211>/he Spanish period can be traced from the time :a#ellan discovered the Philippines +hen helanded on :actan Island ;Cebu> on :arch 1'0 1&21. ,oyal decrees0 Spanish la+s0 andFor specialissuances of special la+s for the Philippines +ere e!tended to the Philippines from Spain by theSpanish Cro+n throu#h the councils. /he chief le#islator is the #overnor#eneral +ho e!ercisesle#islative functions by promul#atin# e!ecutive decrees0 edicts or ordinances +ith the force ofla+. /he royalAudencia,or Spanish Supreme Court0 in the Philippines also e!ercised le#islativefunctions +hen la+s are passed in the form of autos accordados. :eluiades Gambao0 in his

boo4 entitled 6 )n Introduction to Philippine La+6 ;-th ed0 1'>0 listed the most prominentla+s in this period@Fuero u!go, Fuero "eal, #as Siete Partidas, #eyes de $oros, %ue&a

"ecapilacion de las #eyes de Indias and the%o&isima "ecopilacion. Some of these la+s +erealso in force in other Spanish colonies. La+s in force at the end of the Spanish rule in 1 areas follo+s@ 'odigo Penal de ()*+, #ey Pro&isional para la Aplicaciones de las Dispociciones del'odigo Penal en las Islas Filipinas, #ey de nuciamento 'riminal, #ey de nuciameniento


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'i&il, 'odigo de 'omercio, 'odigo 'i&il de ())., #ey /ipotecaria, #ey de Minas, #ey %otarialde ()010 ,ail+ay La+ of 1--0 La+ of 8orei#ners for ltramarime Provinces and the Code of:ilitary $ustice. Some of these la+s remained in force even durin# the early )merican periodandFor until Philippine la+s +ere promul#ated.In bet+een the Spanish and the )merican period is +hat Philippine historians consider the first

Philippine ,epublic. /his +as +hen General milio )#uinaldo proclaimed the PhilippineIndependence in Ea+it 0 Cavite on $une 120 1. /he :alolos Con#ress also 4no+n as

)ssembly of the ,epresentatives0 +hich can be considered as revolutionary in nature0 +asconvened on September 1&0 1. /he first Philippine Constitution0 the :alolos Constitution

+as approved on $anuary 20 1. ) ,epublic0 althou#h +ith de facto authority0 +as in forceuntil the start of the )merican Soverei#nty +hen the /reaty of Paris +as si#ned on December 101.c> )merican period ;11%'>/he start of this period can be traced from the time Spain ceded the Philippines to the nitedStates after the si#nin# of the /reaty of Paris on December 10 1. ) :ilitary #overnment +asor#aniAed +ith the military #overnor as the chief e!ecutive e!ercisin# e!ecutive0 le#islative and

7udicial functions. Le#islative function +as transferred to the Philippine Commission in 11+hich +as created by the nited States President as commanderinchief of the )rmed forcesand later ratified by the Philippine "ill of 12. /his same "ill provided for the establishment ofthe 8irst Philippine )ssembly +hich convened on (ctober 1'0 1-. /he $ones la+ provided forthe establishment of a bicameral le#islative body on (ctober 1'0 11'0 composed of the Senateand the ?ouse of ,epresentatives.

/he nited States Constitution +as reco#niAed until the promul#ation of the PhilippineConstitution on 8ebruary 0 13&0 si#ned by .S. President 8ran4lin Delano ,oosevelt on:arch 230 13& and ratified at a plebiscite held on :ay 1%0 13&./he or#anic la+s that #overned the Philippines durin# this period +ere@ President :cEinleyBs

Instruction to the Second Philippine Commission on )pril -0 1 Spooner )mendment of11 Philippine "ill of 12 $ones La+ of 11' and the /ydin#s :cDuffie La+ of :ay 10 13%./he later la+ is si#nificant for it allo+ed the establishment of a Common+ealth #overnment andthe ri#ht to promul#ate its o+n Constitution. /he 13& Constitution initially chan#ed thele#islative system to a unicameral system. ?o+ever0 the bicameral system +as restoredpursuant to the 1% Constitutional amendment. /he Common+ealth #overnment is consideredas a transition #overnment for ten years before the #rantin# of the Philippine independence.Cayetano )rellano +as installed as the first Chief $ustice in 11. /he ma7ority of the $ustices of

the Philippine Supreme Court +ere )mericans. Decisions rendered by the Supreme Court of thePhilippines +ere appealed to the nited States Supreme Court0 +hich +ere reported in thenited States Supreme Court ,eports.:anuel L. HueAon and Ser#io (smena +ere elected as President and =icePresident respectivelydurin# the September 1%0 13& elections. In this election0 President HueAon +on over Generalmilio )#uinaldo and "ishop Gre#orio )#lipay0 the President of the 8irst Philippine ,epublic;1> and the head of the )#lipayan church respectively. /his Common+ealth #overnment

+ent into e!ile in 5ashin#ton DC durin# the $apanese period from :ay 130 1%2 to (ctober 301%%. President :anuel L. HueAon died on )u#ust 10 1%% and +as succeeded by PresidentSer#io (smena +ho brou#ht bac4 the #overnment to :anila on 8ebruary 20 1%&.d>. $apanese period ;1%11%%>


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/he invasion of the $apanese forces +hen Clar4 8ield0 an )merican military airbase inPampan#a0 +as bombed on December 0 1%10 mar4ed the start of the $apanese period +hichlasted for three years. ) $apanese ,epublic +as established +ith $ose P. Laurel as its President./his period +as considered as a military rule by the $apanese Imperial )rmy. /he 1%3Constitution +as ratified by a special national convention of the Eapisanan sa Pa#lilin#4od n#"a#on# Pilipinas ;E)LI")PI>. /his period ended in 1%% +ith the defeat of the $apanese

forces.e>. ,epublic period ;1%'1-2>$uly %0 1%' is the inau#uration of Philippine independence. ) Philippine ,epublic +as born. )republic means a #overnment by the people and soverei#nty resides in the entire people as a

body politic. /he provisions of the 13& Constitution provided for the establishment of threecoeual branches of #overnment. !ecutive po+er rests in the President0 le#islative po+er int+o ?ouses of Con#ress and 7udicial po+er in the Supreme Court0 and inferior courts.Separation of po+ers is reco#niAed.

fforts to amend the 13& Constitution started on )u#ust 2%0 1- +ith approval of ,epublic )ct*o. '132 +here 31 dele#ates +ere elected on *ovember 10 1-. (n $une 10 1-10 the

Constitutional Convention met. 5hile it +as still in session0 President 8erdinand . :arcosdeclared :artial La+ on September 110 1-2. /he Constitutional Convention completed thedraft Constitution on *ovember 20 1-2. It +as submitted for ratification throu#h citiAensBassemblies on $anuary 1-0 1-3. /his is 4no+n as the 1-3 Constitution.f>. :artial La+ Period ;1-21'>./he Con#ress of the Philippines +as abolished +hen :artial La+ +as declared on September 1 101-2. /he :artial La+ period +as #overned by the 1-3 Constitution +hich established aparliamentary form of #overnment. !ecutive and le#islative po+er +ere mer#ed and the Chief!ecutive +as the Prime :inister +ho +as elected by ma7ority of all members of the *ational

)ssembly ;Parliament>. /he Prime :inister had the po+er to advise the President. /he

President is the symbolic head of state. /his parliamentary #overnment +as never implementeddue to the transitory provision of the 1-3 Constitution. :ilitary tribunals +ere established.)mendments to the Constitution +ere made +herein by virtue of amendment *o. 30 the po+ersof the President and the Prime :inister +ere mer#ed into the incumbent President 8erdinand. :arcos. )mendment *o0 ' authoriAed President :arcos to continue e!ercisin# le#islativepo+ers until :artial la+ is in effect. )mendment *o. - provided for the baran#ays as thesmallest political subdivision and the sanggunians0 or councils. /he 11 amendmentintroduced the modified presidentialFparliamentary system of #overnment of the Philippines./he President shall be elected by the people for a term of si! years +hile the Prime :inister shall

be elected by a ma7ority of theBatasang Pambansa;Parliament> upon the nomination of thePresident. ?e +as the head of the Cabinet and had supervision over all the ministries.Proclamation *o. 2%& ;11> lifted :artial La+ and abolished :ilitary tribunals. lections

+ere held on $une 1'0 11 and President :arcos +as reelected into office as President. /heconstitution +as a#ain amended in 1% and a plebiscite +as held on $anuary 2-0 1% pursuantto "atas Pambansa "l# '%3 ;1%>. lections +ere held on :ay 1%0 1% for the 13 electiveseats in the 2 member "atasan# Pambansa.Impeachment resolution by &- members of the opposition +ere filed a#ainst President :arcos

but +ere dismissed. ) special presidential election0 popularly 4no+n as Snap lection0 +ascalled by President :arcos on *ovember 30 1& and +as held on 8ebruary -0 1'. /he


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*ational :ovement for 8ree lections0 or *):8,L0 results sho+ed that CoraAon )uino ledby over a million. ?o+ever the "atasan# Pambansa declared that 8erdinand . :arcos and)rturo :. /olentino +on over CoraAon )uino and Salvador Laurel as President and =icePresident respectively. /his event led to the People Po+er revolution0 +hich ousted President:arcos on 8ebruary 2&0 1'.

#>. ,epublic ,evival ;1'present>/he ,epublic period +as revived after the bloodless revolution popularly 4no+n as PeoplePo+er or the DS) ,evolution.

CoraAon C. )uino and Salvador ?. Laurel too4 their oath of office as President and =icePresident of the Philippine ,epublic on 8ebruary 2&0 1'. Proclamation *o. 1 +aspromul#ated +here in she and her =ice President too4 po+er in the name and by the +ill of the8ilipino people. Proclamation *o. 3 ;1'> provided for a ne+ #overnment and a ProvisionalConstitution or 8reedom Constitution +as adopted. ) Constitutional Commission +asconstituted by virtue of )rticle = of the Provisional Constitution and Proclamation *o. . /heConstitutional Commission0 composed of % members0 +as mandated to draft a Constitution.

)fter 133 days0 the draft constitution +as submitted to the President on (ctober 1&0 1' andratified by the people in a plebiscite held on 8ebruary 20 1-. nder the transitory provision ofthe 1- Constitution0 the President and =ice President elected in the 8ebruary -0 1' elections

+ere #iven a si! year term of office until $une 30 12. Con#ressional elections +ere held on:ay 110 1-. /he ,epublican form of #overnment +as officially revived +hen the 1-Constitution +as ratified and Con#ress +as convened in 1-. Le#islative enactments a#ainrested in the Con#ress. ,epublic )cts +ere a#ain issued by Con#ress0 the number of +hich too4off from the last number used before :artial La+ +as declared. /he number of ,epublic )ctscontinued from the number last used before :artial La+ ;,epublic )ct *o. ''3& ;1-2> and,epublic )ct *o. ''3' ;1->./he Philippines once a#ain became a ,epublic by virtue of the 1- Constitution. /he same type

of republican form of #overnment prior to :artial la+ +as established +ith three coeualbranches +ere or#aniAed0 !ecutive0 Le#islative and the $udiciary.# '(ecuti%e )ranch/he President is vested +ith the e!ecutive po+er. ;)rt. =II0 sec. 1>. /he President is both theChief of State ;head of #overnment> and the CommanderinChief of all the )rmed 8orces of thePhilippines ;)rt. =II0 sec. 1>. Since 1 +hen the 8irst Philippine ,epublic +as established0the Philippines has had thirteen ;13>Presidents./he other members of the !ecutive "ranch are the=icePresidentand the?eads of !ecutiveDepartments or Cabinet members./he follo+in# are the Departments under the !ecutive "ranch@

Department of )#rarian ,eform Department of )#riculture Department of "ud#et and :ana#ement Department of ducation Department of ner#y Department of nvironment and *atural ,esources Department of 8inance Department of 8orei#n )ffairs
http://www.gov.ph/aboutphil/presidents.asphttp://www.gov.ph/aboutphil/presidents.asphttp://www.gov.ph/directoryhttp://www.gov.ph/directoryhttp://gov.ph/gov.links/ooficeofpres_departments.asphttp://gov.ph/gov.links/ooficeofpres_departments.asphttp://gov.ph/gov.links/ooficeofpres_departments.asphttp://gov.ph/gov.links/ooficeofpres_departments.asphttp://www.dar.gov.ph/http://www.da.gov.ph/http://www.dbm.gov.ph/http://www.deped.gov.ph/http://www.doe.gov.ph/http://www.denr.gov.ph/http://www.dof.gov.ph/http://www.dfa.gov.ph/http://www.gov.ph/aboutphil/presidents.asphttp://www.gov.ph/directoryhttp://gov.ph/gov.links/ooficeofpres_departments.asphttp://gov.ph/gov.links/ooficeofpres_departments.asphttp://www.dar.gov.ph/http://www.da.gov.ph/http://www.dbm.gov.ph/http://www.deped.gov.ph/http://www.doe.gov.ph/http://www.denr.gov.ph/http://www.dof.gov.ph/http://www.dfa.gov.ph/


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Department of ?ealth Department of Interior and Local Government Department of $ustice Department of Labor and mployment Department of *ational Defense Department of Public 5or4s and ?i#h+ays Department of Science and /echnolo#y Department of /ourism Department of /rade and Industry Department of Social 5elfare and Development Department of /ransportation and Communications

/here are specific bureaus and offices directly under the (ffice of the President."oth the President and the =icePresident are elected by direct vote of the 8ilipino people for aterm of si! years. /he President is not eli#ible for a reelection +hile the =ice President cannotserve for more than t+o terms. Con#ress is empo+ered to promul#ate rules in the canvassin# ofcertificates of election. "oth may be removed from office by impeachment ;)rt. to be

initiated by the ?ouse of ,epresentatives ;)rt. and tried and decided by the Senate;)rt. +hich consists of thePresident of the Senate0 as e! officio Chairman0 t+elve Senators and t+elve members of the?ouse of ,epresentatives. ;)rt. =I0 sec. 1>/he President e!ercises control over all the e!ecutive departments0 bureaus and offices ;)rt. =I0sec0 1->.#2 Legislati%e *epart&entLe#islative po+er is vested in the Con#ress of the Philippines0 consistin# of the Senate and the?ouse of ,epresentatives ;)rt. =I0 sec. 1>. ?istory has provided that the le#islative structure has

under#one numerous chan#es. /o better appreciate its transition0 the Philippine Senate hasprovided a detailed account and is found on its+ebsite.Senate of the Philippines/he Senate is composed of t+enty four ;2%> Senators +ho are elected at lar#e by ualified voters

+ho serve for a term of not more than si! ;'>. *o Senator may be elected for more than t+oconsecutive terms. ;)rt =I0 sec. %>. /he Senate is led by the Senate President0 Pro /empore0:a7ority Leader and the :inority Leader. /he Senate President is elected by ma7ority vote of itsmembers. /here are thirty si! ;3'> permanent committees and five ;&> oversi#ht committees./he sole 7ud#e of contests relatin# to election0 returns and ualifications of members of theSenate rests +ith the Senate lectoral /ribunal ;S/> +hich is composed of nine members0 threeof +hom are $ustices of the Supreme Court and si! members of the Senate. ;)rt. =I0 sec. 1->.

?ouse of ,epresentatives/he ?ouse of ,epresentatives is composed of not more than t+o hundred fifty ;2&> members0elected by le#islative districts for a term of three years *o representative shall serve for morethan three consecutive terms. /he partylist representatives0+ho come from re#isterednational0 re#ional and sectional parties and or#aniAations0 shall constitute t+enty percent ;29>of the total number of representatives. /he officials of the ?ouse are the Spea4er of the ?ouse0Deputy Spea4er for LuAon0 Deputy Spea4er for =isayas0 Deputy Spea4er for :indanao0 :a7orityLeader0 and :inority Leader. /heSpea4er of the ?ouseis elected by ma7ority vote of its
http://www.doh.gov.ph/http://www.dilg.gov.ph/http://www.doj.gov.ph/http://www.dole.gov.ph/http://www.dnd.gov.ph/http://www.dpwh.gov.ph/http://www.dost.gov.ph/http://www.dot.gov.ph/http://www.dti.gov.ph/http://www.dswd.gov.ph/http://www.dotc.gov.ph/http://http/www.gov.ph/govlinks/oofceofpres_departments.asphttp://www.senate.gov.ph/anbout/history1.htmhttp://www.senate.gov.ph/anbout/history1.htmhttp://www.congress.gov.ph/http://www.congress.gov.ph/about/index.phphttp://www.congress.gov.ph/about/index.phphttp://www.nyulawglobal.org/globalex/http.gov.ph/directory/main.asp?child-1&sid-101http://www.doh.gov.ph/http://www.dilg.gov.ph/http://www.doj.gov.ph/http://www.dole.gov.ph/http://www.dnd.gov.ph/http://www.dpwh.gov.ph/http://www.dost.gov.ph/http://www.dot.gov.ph/http://www.dti.gov.ph/http://www.dswd.gov.ph/http://www.dotc.gov.ph/http://http/www.gov.ph/govlinks/oofceofpres_departments.asphttp://www.senate.gov.ph/anbout/history1.htmhttp://www.senate.gov.ph/anbout/history1.htmhttp://www.congress.gov.ph/http://www.congress.gov.ph/about/index.phphttp://www.nyulawglobal.org/globalex/http.gov.ph/directory/main.asp?child-1&sid-101


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members. /here are fifty seven ;&-> standin# committees and si!teen ;1'> special committees./he sole 7ud#e of contests relatin# to election0 returns and ualifications of members of the?ouse of ,epresentatives rests +ith the ?ouse of ,epresentatives lectoral ;?,/> /ribunal

+hich is composed of nine members0 three of +hom are $ustices of the Supreme Court and si!members of the Senate.;)rt. =I0 sec. 1->.


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## Judicial Syste&

S(,C@ 22 ,evised :anual of Cler4s of Court.:anila0 Supreme Court0 22.(r#aniAational Chart of each type of Court is available in this :anual. (r#aniAational setup ofeach Court is also found in this :anual.
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$udicial po+er rests +ith the Supreme Court and the lo+er courts0 as may be established by la+;)rt. =III0 sec. 1>. /he 7udiciary en7oys fiscal autonomy. Its appropriation may not be reduced

by the le#islature belo+ the appropriated amount the previous year ;)rt. =III0 sec. 2>. /he ,ulesof Court of the Philippines as amended and the rules and re#ulations issued by the SupremeCourt define the rules and procedures of the $udiciary. /hese rules and re#ulations are in theform of )dministrative :atters0 )dministrative (rders0 Circulars0 :emorandum Circulars0

:emorandum (rders and (C) Circulars. /o inform the members of the $udiciary0 le#alprofession and the public of these rules and re#ulations0 the Supreme Court circulariAes thisrules and re#ulations to all courts0 publishes important ones in ne+spapers of #eneralcirculation0 prints in boo4 or pamphlet form and no+ do+nloads them in the SupremeCourt +ebsite.Department of $ustice )dministrative (rder *o. 1'2 dated )u#ust 10 1%' provided for theCanon of $udicial thics. Supreme Court of the Philippines promul#ated a ne+ Code of $udicialConduct for the Philippine $udiciary effective $une 10 2% ;).:. *o. 3&1SC>0 publishedin t+o ne+spapers of #eneral circulation on :ay 30 2% ;:anila "ulletin Philippine> andavailable on its+ebsite.

/he Supreme Court promul#ated on $une 210 1 the Code of Professional ,esponsibility forthe le#al profession. /he draft +as prepared by the Committee on ,esponsibility0 Discipline andDisbarment of the Inte#rated "ar of the Philippines.) Code of Conduct for Court Personnel ;).:. *o. 3'13SC> +as adopted on )pril 1302%0 effective $une 10 2%0 published in t+o ne+spapers of #eneral circulation on )pril 2'02% ;:anila "ulletin Philippine> and available at its+ebsite.Supre&e Court of the Philippines/he"oyal Audencia+as established on :ay &0 1&3. It +as reestablished as the presentSupreme Court on $une 110 11 +ith Cayetano )rellano as the first Chief $ustice and associate

7ustices0 the ma7ority of +hom +ere )merican. 8ilipiniAation of the Supreme Court started only

durin# the Common+ealth0 13&. )dministrative Code of 11- provided for a Supreme Court+ith a Chief $ustice and ei#ht associate $ustices. 5ith the ratification of the 13& Constitution0the membership +as increased to 11 +ith t+o divisions of five members each. /he 1-3Constitution further increased its membership to 1& +ith t+o ;2> divisions.Pursuant to the provisions of the 1- Constitution0 the Supreme Court is composed of a Chief$ustice and fourteen )ssociate $ustices +ho shall serve until the a#e of seventy ;->. /he Courtmay sit n "anc or in its three ;3> divisions composed of five members each. ) vacancy must befilled up by the President +ithin ninety ;> days of occurrence.

)rticle =III0 sec. % ;2> e!plicitly provides for the cases that must be heard n "anc and sec. % ;3>for cases that may be heard by divisions. ;Constitution0 )rt. =III0 sec. %0 par.1> $udiciary,eor#aniAation )ct of 1 transferred from the Department of $ustice to the Supreme Courtthe administrative supervision of all courts and their personnel. /his +as affirmed by )rt. =III0sec. ' of the 1- Constitution.Constitution0 )rt. =III0 sec. &0 /he Supreme Court e!ercises the follo+in# po+ers@

!ercise 7urisdiction over cases affectin# ambassadors0 otherpublic ministers and consuls0 and over petitions for certiorari0prohibition0 mandamus0 uo +arranto0 and habeas corpus.
http://www.supremecourt.gov.ph/http://www.supremecourt.gov.ph/http://www.supremecourt.gov.ph/elibrary/references.htmhttp://www.supremecourt.gov.ph/e-library/referencehttp://www.supremecourt.gov.ph/e-library/referencehttp://www.supremecourt.gov.ph/http://www.supremecourt.gov.ph/http://www.supremecourt.gov.ph/http://www.supremecourt.gov.ph/http://www.supremecourt.gov.ph/http://www.supremecourt.gov.ph/http://www.supremecourt.gov.ph/elibrary/references.htmhttp://www.supremecourt.gov.ph/e-library/referencehttp://www.supremecourt.gov.ph/http://www.supremecourt.gov.ph/


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,evie+0 revise0 reverse0 modify0 or affirm on appeal or certiorari0as the la+ or the ,ules of Court may provide final 7ud#ments and ordersof lo+er courts in@

o )ll cases ion +hich the constitutionality or validity of anytreaty0 international or e!ecutive a#reement0 la+0 presidentialdecree0 proclamation0 order0 instruction0 ordinance0 or re#ulation

is in uestion.o )ll cases involvin# the le#ality pf any ta!0 impost0assessment0 or toll0 or any penalty imposed in relation thereto.o )ll cases in +hich the 7urisdiction of any lo+er court is inissue.o )ll criminal cases ion +hich the penalty imposed isreclusion perpetua or hi#her.o )ll cases in +hich only an error or uestion of la+ isinvolved.

)ssi#n temporarily 7ud#es of lo+er court to other stations aspublic interest may reuire. Such temporary assi#nment shall not e!ceedsi! months +ithout the consent of the 7ud#e concerned. (rder a chan#e of venue or place of trial to avoid a miscarria#e of

7ustice. Promul#ate rules concernin# the protection and enforcement ofconstitutional ri#hts0 pleadin#0 practice0 and procedure in all courts0 theadmission to the practice of la+0 the Inte#rated "ar0 and le#al assistanceto the underprivile#ed. Such rules shall provide a simplified andine!pensive procedure for the speedy disposition of cases0 shall beuniform for all courts the same #rade0 and shall not diminish0 increase ormodify substantive ri#hts. ,ules of procedure of special courts and uasi

7udicial bodies shall remain effective unless disapproved by the SupremeCourt. )ppoint all officials and employees of the $udiciary in accordance

+ith the Civil Service La+. ;Sec. & 0 id.>/he $udicial and "ar Council +as created by virtue of )rt. =III0 sec. . under the supervision ofthe Supreme Court. Its principal function is to screen prospective appointees to any 7udicialpost. It is composed of the Chief $ustice as e! officio Chairman0 the Secretary of $ustice andrepresentatives of Con#ress as e!officio members0 a representative of the Inte#rated "ar0 aprofessor of la+0 a retired member of the Supreme Court and a representative of the privatesector as members.Court of +ppealsCommon+ealth )ct *o. 3 ;December 310 13&>0 pursuant to the 13& Constitution ;)rt =III0 sec.1>0 established the Court of )ppeals. It +as formally or#aniAed on 8ebruary 10 13'0 composed

of eleven 7ustices +ith $ustice Pedro Concepcion as the first Presidin# $ustice. Its composition+as increased to 1& in 13 and further increased to 1- in 1%2 by virtue of !ecutive (rder *o.%. It +as abolished by President (smena in 1%&0 pursuant to !ecutive (rder *o. 3-.?o+ever0 it +as reestablished on (ctober %0 1%' by virtue of ,epublic )ct *o. &2 +ith aPresidin# $ustice and fifteen ;1&> )ssociate $ustices. Its composition +as increased by thefollo+in# enactments@ ,epublic )ct *o. 1'& to ei#hteen ;1> ,epublic )ct *o. &2% to 2%Presidential Decree *o. 1%2 to one Presidin# $ustice and thirty four ;3%> )ssociate $ustices"atas Pambansa "l#. 12 to & ,epublic )ct *o. 2%' to '. 5ith ,epublic )ct *o. 2%'0 theCourt of )ppeals in Cebu0 and Ca#ayan de (ro +ere established.


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Section of "atas Pambansa "l#. 12 as amended by !ecutive (rder *o. 33 and ,epublic )ct*o. -2 provides for the 7urisdiction of the Court of )ppeals as follo+s@

(ri#inal 7urisdiction to issue +rits of mandamus0 prohibition0certiorari habeas corpus0 and uo +arrant0 and au!iliary +rits or

processes0 +hether or not in aid of its appellate 7urisdiction !clusive ori#inal 7urisdiction over actions for annulment of

7ud#ment of ,e#ional /rial Courts and !clusive appellate 7urisdiction over all final 7ud#ments0 decisions0resolutions0 orders or a+ards of ,e#ional /rial Courts and uasi7udiciala#encies0 instrumentalities0 boards or commissions0 includin# theSecurities and !chan#e Commission0 the Social Security Commission0the mployees Compensation Commission and the Civil ServiceCommission0 e!cept those fallin# +ithin the appellate 7urisdiction of theSupreme Court in accordance +ith the Constitution0 the Labor Code of thePhilippines under Presidential Decree *o. %%20 as amended0 theprovisions of this )ct0 and of subpara#raph ;1> of the third para#raph and

subpara#raph ;%> of the fourth para#raph of Section 1- of the $udiciary)ct of 1%.

Regional Trial Courts/hey are called the second level courts and are divided into thirteen ;13> 7udicial re#ions@*ational Capital ,e#ion ;:etro :anila> and the t+elve ;12> re#ions of the country0 +hich aredivided into several branches. /he 7urisdictions are defined in sec. 123 of "atas Pambansa "l#12 as amended by ,epublic )ct *o. -'-1. /he Supreme Court desi#nates certain branches ofre#ional trial courts as special courts to handle e!clusively criminal cases0 7uvenile and domesticrelations cases0 a#rarian cases0 urban land reform cases +hich do not fall under the 7urisdictionof uasi7udicial bodies. /he Supreme Court may li4e+ise desi#nate specific branches as specialcourts for heinous crimes0 dan#erous dru#s cases0 commercial courts and intellectual property

ri#hts violations. Some branches of the ,e#ional /rial Courts have been desi#nated as familycourts because the family courts to be established pursuant to ,epublic )ct *o. 3' of the8amily Court La+ of 1- have not yet been or#aniAed.

/he ,e#ional /rial CourtsB 7urisdictions are defined as follo+s@

!ercise e!clusive ori#inal 7urisdiction in Civil Cases as follo+s@o )ll civil actions in +hich the sub7ect of the liti#ation isincapable of pecuniary estimationo )ll civil actions +hich involve the title to0 or possession ofreal property0 or any interest therein0 +here the assessed value ofthe property involved e!ceeds t+enty thousand pesos ;P

20.> or0 civil actions in :etro :anila0 +here such valuee!ceeds 8ifty thousand pesos ;P &0.> e!cept actions forforcible entry into and unla+ful detainer of lands or buildin#s0ori#inal 7urisdiction over +hich is conferred upon the :e/Cs0:/Cs0 and :C/Cso )ll actions in admiralty and maritime 7urisdiction +herethe demand or claim e!ceeds one hundred thousand pesos ;P10.> or0 in :etro :anila0 +here such demand or claime!ceeds t+o hundred thousand pesos ;P 20.>


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o )ll matters of probate0 both testate and intestate0 +herethe #ross value of the estate e!ceeds (ne hundred thousand pesos;P 10.> or0 in probate matters in :etro :anila0 +heresuch #ross value e!ceeds /+o hundred thousand pesos ;P20.>o )ll actions involvin# the contract of marria#e and marital

relationso )ll cases not +ithin the e!clusive 7urisdiction of any court0tribunal0 person or body e!ercisin# 7udicial or uasi7udicialfunctionso )ll civil actions and special proceedin#s fallin# +ithin thee!clusive ori#inal 7urisdiction of a $uvenile and Domestic,elations Court and of the Court of )#rarian ,elations as no+provided by la+ ando )ll other cases in +hich the demand0 e!clusive of interest0dama#es of +hatever 4ind0 attorneyBs fees0 liti#ation e!penses andcosts or the value of the property in controversy e!ceeds (nehundred thousand pesos ;P 10.> or0 in such other cases in

:etro :anila0 +here the demand0 e!clusive of the abovementioned items e!ceeds /+o hundred pesos ;P 20.>;Sec. 10 "atas Pambansa "l#. 120 as amended by ,.) *o.-'1>.

!ercise ori#inal 7urisdiction in other cases as follo+s@o /he issuance of +rits of certiorari0 prohibition0 mandamus0uo +arranto0 habeas corpus0 and in7unction +hich may beenforced in any part of their respective re#ions ando )ctions affectin# ambassadors and other public ministersand consuls.

/hey shall e!ercise appellate 7urisdiction over :e/Cs0 :/CCs0 :/Cs0 and :C/Cs in their

respective territorial 7urisdiction.

,etropolitan Trial Courts -,eTC./ ,unicipal Trial Courts in Cities -,TCC./,unicipal Trial Courts -,TC. and ,unicipal Circuit Trial Courts -,CTC./hese are called the first level courts established in each city and municipality. /heir

7urisdiction is provided for by section 330 3& of "atas Pambansa "l# 12. /heir 7urisdiction hasbeen e!panded by special la+s.:e/Cs0 :/CCs0 :/Cs0 and :C/Cs shall e!ercise ori#inal 7urisdiction in Civil Cases as providedfor in section 33 of "atas Pambansa "l#. 12 is as follo+s@

!clusive ori#inal 7urisdiction over civil actions and probateproceedin#s0 testate and intestate0 includin# the #rant of provisionalremedies in proper cases0 +here the value of the personal property0 estateor amount of the demand does not e!ceed (ne hundred thousand pesos;P 10.> or0 in :etro :anila +here such personal property0 estateor amount of the demand does not e!ceed /+o hundred thousand pesos;P 20.>0 e!clusive of interests0 dama#es of +hatever 4ind 0attorneys fees0 liti#ation e!penses0 and costs the amount of +hich must be


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specifically alle#ed@ Provided0 /hat interests0 dama#es of +hatever 4ind0attorneyBs fees0 liti#ation e!penses and costs shall be included in thedetermination of the filin# fees. Provided further0 /hat +here there areseveral claims or causes of action bet+een the same or different partiesembodied in the same complaint0 the amount of the demand shall be thetotality of the claims in all the causes of action arose out of the same or

different transactions !clusive ori#inal 7urisdiction over cases of forcible entry andunla+ful detainer@ Provided0 /hat +hen0 in such cases0 the defendantraises the uestion of o+nership in his pleadin#s and the uestion ofo+nership in his pleadin#s and the uestion of possession cannot beresolved +ithout decidin# the issue of o+nership0 the issue of o+nershipshall be resolved only to determine the issue of possession and !clusive ori#inal 7urisdiction in all civil actions +hich involve titleto0 or possession of0 real property0 or any interest therein +here theassessed value of the property or interest therein does not e!ceed /+entythousand pesos ;P 20.> or0 in civil actions in :etro :anila0 +heresuch assessed value does not e!ceed 8ifty thousand pesos ;P &0.>

e!clusive of interest0 dama#es of +hatever 4ind0 attorneyBs fees0 liti#atione!penses and costs@ Provided0 /hat in cases of land not declared forta!ation purposes the value of such property shall be determined by theassessed value of the ad7acent lots. ;Sec. 330 "atas Pambansa "l#. 12>

Section 33 of "atas Pambansa "l#. 12 provides that the Supreme Court may desi#nate :e/Cs0:/CCs0 :/Cs0 and :C/Cs to hear and determine cadastral or land re#istration cases +here the

value does not e!ceed one hundred thousand pesos ;P10.>. /heir decision is can beappealed in the same manner as the ,e#ional /rial Courts./he :e/Cs0 :/CCs0 :/Cs0 and :C/Cs are empo+ered to hear and decide petitions for a +rit ofhabeas corpus or applications for bail in criminal cases in the province or city in the absence of

the ,e#ional /rial Court $ud#es.Sandiganbayan/he )ntiGraft Court0 or Sandi#anbayan0 +as created to maintain inte#rity0 honesty andefficiency in the bureaucracy and +eed out misfits and undesirables in #overnment service ;1-3Constitution ;)rt. and 1- Constitution ;)rt. >. It +as restructured byPresidential Decree *o. 1'' as amended by ,epublic )ct *o. 2%. It is composed of aPresidin# $ustice and fourteen ;1%> )ssociate $ustices still in five Divisions of three ;3> $usticeseach.

Court of Ta( +ppealsCreated by ,epublic )ct *o. 112& on $une 1'0 1&%0 it serves as an appellate court to revie+ ta!cases. nder ,epublic )ct *o. 220 it no+ en7oys the same level as the Court of )ppeals. /hisla+ has doubled its membership from three to si! 7ustices and has e!panded its 7urisdiction./he Court of /a! )ppeals has e!clusive appellate 7urisdiction to revie+ by appeal the follo+in#@

Decisions of the Commissioner of Internal ,evenue in casesinvolvin# disputed0 assessments0 refunds of internal revenue ta!es0 fees or
http://www.cta.gov.ph/http://www.cta.gov.ph/


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other char#es0 penalties imposed in relation thereto0 or other mattersarisin# under the *ational Internal ,evenue Code or other la+sadministered by the "ureau of Internal ,evenue In actions of the Commissioner of Internal ,evenue in casesinvolvin# disputed assessments0 refunds of internal revenue ta!es0 fees orother char#es0 penalties in relation thereto0 or other matters arisin# under

the *ational Internal ,evenue Code or other la+s administered by the"ureau of Internal ,evenue0 +here the *ational Internal ,evenue Codeprovides a specific period of action0 in +hich case the inaction shall bedeemed a denial Decisions0 orders or resolutions of the ,e#ional /rial Courts inlocal ta! cases ori#inally decided or resolved by them in the e!ercise oftheir ori#inal or appellate 7urisdiction Decisions of the Commissioner of Customs in cases involvin#liability for customs duties0 fees0 or other money char#es seiAure0detention or release of property affected fines0 forfeitures or otherpenalties imposed in relation thereto or other matters arisin# under theCustoms La+ or other la+s administered by the "ureau of Customs.

Decisions of the Central "oard of )ssessment )ppeals in thee!ercise of its appellate 7urisdiction over cases involvin# the assessmentand ta!ation of real property ori#inally decided by the provincial or city

board of assessment appeals Decisions of the Secretary of 8inance on customs cases elevated tohim automatically for revie+ from decisions of the Commissioner ofCustoms +hich are adverse to the Government under Section 231& of the/ariff and Customs Code Decisions of the Secretary of )#riculture in the case ofnona#ricultural product0 commodity or article0 and the Secretary of

)#riculture in the case of a#ricultural product0 commodity or article0involvin# dumpin# and countervailin# duties under Section 31 and 320

respectively0 of the /ariff and Customs Code0 and safe#uard measuresunder ,.). *o. 0 +here either party may appeal the decision toimpose or not to impose said duties.

It also has 7urisdiction over cases involvin# criminal offenses as herein provided@

!clusive ori#inal 7urisdiction over all criminal offenses arisin#from violations of the *ational Internal ,evenue Code or /ariff andCustoms Code and other la+s administered by the "ureau of Internal,evenue or the "ureau of Customs@ Provided0 ho+ever0 /hat offenses orfelonies mentioned in this para#raph +here the principal amount of ta!esand fees0 e!clusive of char#es and penalties0 claimed is less than (nemillion pesos ;P 100.> or +here there is no specified amountclaimed shall be tried by the re#ular Courts and the 7urisdiction of theC/) shall be appellate. )ny provision of la+ or the ,ules of Court to thecontrary not+ithstandin#0 the criminal action and the correspondin# civilaction for the recovery of civil liability for ta!es and penalties shall at alltimes be simultaneously instituted +ith0 and 7ointly determined in thesame proceedin# by0 the C/) the filin# of the criminal action bein#deemed to necessarily carry +ith it the filin# of the civil action0 and no


15/57

ri#ht to reserve the filin# of such action separately form the criminalaction +ill be reco#niAed. !clusive appellate 7urisdiction in criminal offenses@

o (ver appeals from 7ud#ments0 resolutions or orders of the,e#ional /rial Courts in ta! collection cases ori#inally decided bythem0 in their respective territorial 7urisdiction.o (ver petitions for revie+ of the 7ud#ments0 resolution ororders of the ,/Cs in the e!ercise of their appellate 7urisdictionover ta! collection cases ori#inally decided by the :e/Cs0 :/Csand :C/Cs0 in their respective 7urisdiction.

Sharia Courts/hese special courts +ere created by sec. 13- of Presidential Decree *o. 13 or the Code of:uslim Personal La+s. /he 7ud#es should possess all the ualifications of a ,e#ional /rialCourt $ud#e and should also be learned in Islamic la+ and 7urisprudence. )rticles 1%301%%0 1&&of Presidential Decree *o. 13 provides the 7urisdiction of the said courts as follo+s@ShariBa District Courts ;SDC> as provided for in para#raph ;1>0 )rticle 1%3 of Presidential Decree

*o. 130 shall have e!clusive 7urisdiction over the follo+in# cases@

)ll cases involvin# custody0 #uardianship0 le#itimacy0 paternityand filiations arisin# under the Code )ll cases involvin# disposition0 distribution and settlement of theestates of deceased :uslims0 probate of +ills0 issuance of letters ofadministration or appointment of administrators or e!ecutors re#ardlessof the nature or a##re#ate value of the property. Petitions for the declaration of absence and death and for thecancellation or correction of entries in the :uslim ,e#istries mentionedin /itle =I of "oo4 /+o of the Code )ll actions arisin# from customary contracts in +hich the parties

are :uslim0 if they did not specified +hich la+ shall #overn theirrelations and )ll petitions for mandamus0 prohibition0 in7unction0 certiorari0habeas corpus0 and all other au!iliary +rits and processes in aid of itsappellate 7urisdiction.

/he SDC in concurrence +ith e!istin# civil courts shall have ori#inal 7urisdiction over thefollo+in# cases ;para#raph ;2> of )rticle 1%3>@

Petitions by :uslims for the constitution of family home0 chan#eof name and commitment of an insane person to any asylum@ )ll other personal and real actions not mentioned in para#raph ;1>

;d> +herein the parties involved are :uslims e!cept those for forcibleentry and unla+ful detainer0 +hich shall fall under the e!clusive ori#inal7urisdiction of the :/Cs )ll special civil actions for interpleader or declaratory relief

+herein the parties are :uslims or the property involved belon#se!clusively to :uslims.


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)rticle 1%% of Presidential Decree *o. 13 provides that the SDC +ithin shall have appellate7urisdiction over all cases tried in the ShariBa Circuit Courts ;SCC> +ithin their territorial7urisdiction.

)rticle 1&& of Presidential Decree *o. 13 provides that the SCCs have e!clusive ori#inal7urisdiction over@

)ll cases involvin# offenses defined and punished under the Code )ll civil actions and proceedin#s bet+een parties +ho are :uslimsor have been married in accordance +ith )rticle 13 of the Code involvin#disputes relatin# to@

o :arria#eo Divorce reco#niAed under the Codeo "etrothal or breach of contract to marryo Customary do+er ;mahr>o Disposition and distribution of property upon divorceo :aintenance and support0 and consolatory #ifts ;mutBa>ando ,estitution of marital ri#hts.

)ll cases involvin# disputes to communal properties.,ules of procedure are provided for in articles 1% and 1&. n "anc ,esolution of the SupremeCourt in 130 provided the special rules of procedure in the ShariBa courts ;I7raat)l :aha4im

)l ShariaBa>ShariBa courts and personnel are sub7ect to the administrative supervision of the SupremeCourt. )ppointment of 7ud#es0 ualifications0 tenure0 and compensation are sub7ect to theprovisions of the :uslim Code ;Presidential Decree 13. SDCs and SCCs have the sameofficials and other personnel as those provided by la+ for ,/Cs and :/Cs respectively.

1uasiCourts or 1uasiJudicial +genciesHuasi7udicial a#encies are administrative a#encies0 more properly belon#in# to the !ecutiveDepartment0 but are empo+ered by the Constitution or statutes to hear and decide certainclasses or cate#ories of cases.Huasi7udicial a#encies empo+ered by the Constitution are the Constitutional Commissions@Civil Service Commission0 Commission on lections and the Commission on )udit.Huasi7udicial a#encies empo+ered by statutes are@ (ffice of the President. Department of

)#rarian ,eform0 Securities and !chan#e Commission0 *ational Labor ,elations Commission0*ational /elecommunication Commission0 mployees Compensation Commission0 Insurance

Commission0 Construction Industry )rbitration Commission0 Philippine )tomic ner#yCommission0 Social Security System0 Government Service Insurance System0 "ureau of Patents0/rademar4 and /echnolo#y0 *ational Conciliation :ediation "oard0 Land ,e#istration

)uthority0 Civil )eronautics "oard0 Central "oard of )ssessment )ppeals0 *ationallectrification )dministration0 ner#y ,e#ulatory "oard0 )#ricultural Inventions "oard and the"oard of Investments.Decisions of these uasicourts can be appealed to the Court of )ppeals e!cept those of theConstitutional Commissions@ Civil Service Commission0 Commission on lections and the


17/57

Commission on )udit0 +hich can be appealed by certiorari to the Supreme Court ;)rt. I3thersEatarun#an# Pambaran#ay Presidential Decree *o. 1&0 or the Eatarun#an# Pambaran#ay

La+0 too4 effect December 110 1-0 and established a system of amicably settlin# disputes at thebaran#ay level. ,ules and procedures +ere provided by this decree and the Local GovernmentCode0 /itle I0 Chapter -0 sec. 33%22>. /his system of amicable settlement of dispute aims topromote the speedy administration of 7ustice by easin# the con#estion of court doc4ets. /heCourt does not ta4e co#niAance of cases filed if they are not filed first +ith the Eatarun#an#Pambaran#ay.

)lternative Dispute ,esolution System ,epublic )ct *o. 2& institutionaliAed the use of analternative dispute resolution system +hich serves to promote the speedy and impartialadministration of 7ustice and unclo# the court doc4ets. /his act shall be +ithout pre7udice to theadoption of the Supreme Court of any )D, system such as mediation0 conciliation0 arbitrationor any combination thereof. /he Supreme Court by virtue of an n "anc ,esolution dated

(ctober 1'0 21 ;)dministrative :atter *o. 11&SCP?IL$)>0 desi#nated the Philippine$udicial )cademy as the component unit of the Supreme Court for courtreferred or courtrelated mediation cases and alternative dispute resolution mechanism and establishin# thePhilippine :ediation Center. :uslin la+ provides its o+n arbitration Council called /he )#ama

)rbitration Council.

#4 Constitutional Co&&issions

Civil Service Commission )ct *o. & ;1> established the Philippine civil service and +as

reor#aniAed as a "ureau in 1&. It +as established in the 13& Constitution. ,epublic )ct *o.22' ;1&> converted it from a "ureau into the Civil Service Commission. Presidential Decree*o. - further redefined its role. Its present status is provided for in the 1- Constitution0 )rt.I


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)rticle


19/57

,e#ion < ;*(,/?,* :I*D)*)(> ,e#ion ,e#ion ,e#ion )utonomous ,e#ion in :uslim :indano ;),::> Cordillera )dministrative ,e#ion ;C),> *ational Capital ,e#ion ;*C,>

# 3ther $o%ern&ent +genciesCommission on ?uman ,i#hts /he Commission on ?uman ,i#hts +as created as anindependent office for cases of violation of the human ri#hts ;)rt. . Specific po+ersand duties are e!pressly provided for by section 1 of the 1- Constitution. It is composed of aChairman and four ;%> members.(ffice of the (mbudsman /he 1- Constitution e!plicitly provides that (mbudsman and hisdeputies are called the protectors of the people for they are tas4ed to act promptly on complaintsfiled a#ainst public officials or employees of the #overnment includin# #overnment o+ned and

controlled corporations ;)rt. Its po+ers0 duties and functions are provided for insection 13. ,epublic )ct *o. '--0 sec0 1& provides that the (mbudsman shall #ive priority tocomplaints filed a#ainst hi#h ran4in# #overnment officials and those occupyin# supervisorypositions.

/he President0 =ice President0 members of the Supreme Court0 Constitutional Commission andthe (mbudsman may be removed from office by impeachment for conviction of violations of theConstitution0 treason0 bribery0 #raft and corruption0 other hi#h crimes or betrayal of public trust.;)rt. . /he ?ouse of ,epresentatives has the e!clusive po+er to initiate ;)rt. > +hile the Senate has the sole po+er to try and decide impeachments cases ;)rt.


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$urisprudence or case la+ is cases decided or +ritten opinion bycourts and by persons performin# 7udicial functions. )lso included are allrulin#s in administrative and le#islative tribunals such as decisions made

by the Presidential or Senate or ?ouse lectoral /ribunals. (nlydecisions of the ?ouse of ,epresentatives lectoral /ribunal are printedas ?ouse of ,epresentatives lectoral /ribunal ,eports0 volume 1

;$anuary 20 1(ctober 30 1> to present. /hey +ill be availableelectronically at the Supreme Court Library. 8or :uslim la+0 the primary source of Shariah are Huran0Sunnah0 I7ma and Hiyas. $ainal D. ,aAul in his boo4 Commentaries and$urisprudence on the :uslin La+ of the Philippines ;1%> further statedthere are ne+ sources of la+0 +hich some 7urists re7ected such as Istihsanor 7uristic preference )l:asalih0 )l :ursalah or public interest Istidlal;custom> and Istishab. ;deduction based on continuity or permance>.

Classification of Legal SourcesPrimary )uthority is the only authority that is bindin# on the courts.

Classification by +uthority6)uthority is that +hich may be cited in support of an action0 theory or hypothesis.6 Le#al ofmaterials primary authority are those that contain actual la+ or those that contain la+ created

by #overnment. ach of the three branches of #overnment0 Le#islative0 !ecutive and $udiciary0promul#ates la+s./he le#islature promul#ates statutes0 namely@ )ct0 Common+ealth )ct0 ,epublic )cts0 "atasPambansa. !ecutive promul#ates presidential issuances ;Presidential Decrees0 !ecutive(rders0 :emorandum Circular0 )dministrative (rders0 Proclamations0 etc.>0 rules andre#ulations throu#h its various departments0 bureaus and a#encies. /he $udiciary promul#ates

7udicial doctrines embodied in decisions. 5e ho+ever need to clarify that the PresidentialDecrees or la+ issued by Pres. :arcos durin# :artial La+ and !ecutive (rders issued by Pres.

)uino before the openin# Con#ress in $uly 1- can be classified as le#islative acts0 there bein#no le#islature durin# these t+o periods.Primary )uthority or sources may be further subdivided into the follo+in#@

:andatory primary authority is la+ created by the 7urisdiction in+hich the la+yer operates li4e the Philippines Persuasive mandatory authority is la+ created by other

7urisdictions but +hich have persuasive value to our courts e.#. Spanishand )merican la+s and 7urisprudence. /hese sources as used specially

+hen there are no Philippine authorities available or +hen thePhilippine statute or 7urisprudence under interpretation is based oneither the Spanish or )merican la+

It is in this re#ard that the collections of la+ libraries in the Philippines include nited Statescourt reports0 5estBs national reporter system0 court reports of n#land and internationaltribunal0 important reference materials such as the )merican $urisprudence0 Corpus $urisSecundum 5ords and Phrases and different la+ dictionaries. Some of these la+ librariessubscribe to the 5estla+ andFor Le!is. /he Supreme Court 0 niversity of the Philippines0niversity of Santo /omas and a number of prominent la+ libraries also have a Spanishcollection +here a #reat number of our la+s ori#inated.


21/57

Secondary authority or sources are commentaries or boo4s0 treatise0 +ritin#s0 7ournal articlesthat e!plain0 discuss or comment on primary authorities. )lso included in this cate#ory are theopinions of the Department of $ustice or Securities and !chan#e Commission. /hese materialsare not bindin# on courts but they have persuasive effect and the de#ree of persuasivenessdepend on the reputation of the author. /hese authors of #ood reputation are considerede!perts in the field e.#. Chief $ustice ,amon C. )uino and $ustice Carolina Grino )uino on

,evised Penal Code or Criminal La+0 Senator )rturo :. /olentino on Civil la+0 Chief $usticenriue :. 8ernando and 8r. $oauin "ernas on Constititional La+0 Prof. Perfecto 8ernandeAon Labor La+0 =icente 8rancisco0 Chief $ustice :anuel :oran on ,emedial La+0 etc.

Classification by SourceIt is important for le#al research e!perts to 4no+ the source +here the materials +ere ta4en.(ne has to determine +hether they came from primary ;official> sources or secondary;unofficial sources>.Primary sources 6are those published by the issuin# a#ency itself or the official repository0 the(fficial GaAette. /hus for ,epublic )cts and other 6la+s6 or statutes0 the primary sources arethe (fficial GaAette published by the *ational Printin# (ffice and the La+s and ,esolutions

published by Con#ress. 8or Supreme Court decisions0 the primary sources are the Philippine,eports0 the individually mimeo#raphed )dvance Supreme Court decisions and the (fficialGaAette. Publication of Supreme Court decisions in the (fficial GaAette is selective. Completecourt reports for Supreme Court decisions is the Philippine ,eports./he Secondary Sources are the unofficial sources and #enerally refer to those commerciallypublished or those that are not published by #overnment a#encies or instrumentalities. =italLe#al Documents contains a compilation of Presidential Decrees ;1-3> to the present ,epublic

)cts0 published by Central "oo4 Supply. Sulpicio Guevara published a compilation of all la+sfrom 11 to 13& entitled Public La+s )nnotated ;- vols.> and a compilation of la+s from 13&1%& entitled Common+ealth )cts )nnotated ;3vos.>. Guevara has also published /he La+s ofthe 8irst Philippine ,epublic ;/he La+s of :alolos> 11. 8or the Supreme Court

decisions0 Supreme Court ,eports )nnotated ;SC,)>0 a secondary source0 published by theCentral "oo4 Supply is more popular and updated than the Philippine ,eports. In the absenceof a primary source0 the secondary source may be cited.

5ith the advent of the ne+ information technolo#y0 electronic or di#itiAed sources are popularsources of le#al information for the follo+in# reasons@ a> updated le#al information is readilyavailable and b> the search en#ines used facilitate research. /hese electronic sources are in theforms of CD ,(:S0 online or virtual libraries0 or the +ebsites of the issuin# #overnment a#encyof instrumentality.In the Philippines0 the problem is ho+ to classify sources published in the ne+spapers. Since1-0 based on the definition of primary and secondary source0 they may be considered asprimary sources pursuant to !ecutive (rder *o. 20 s. 1- +hich provides that la+s becomeeffective fifteen ;1&> days after publication in the (fficial GaAette or in t+o ne+spapers of#eneral circulation. In case of conflict bet+een the t+o versions0 the version of the (fficialGaAette holds.

In findin# the la+0 our ultimate #oal is to locate mandatory primary authorities +hich havebearin# on the le#al problem at hand. If these authorities are scarce or none!istent0 our ne!talternative is to find any relevant persuasive mandatory authority. If our search is still ne#ative0the ne!t alternative mi#ht be secondary authorities. /here are ho+ever instances +here the


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secondary authorities0 more particularly the commentaries made by e!perts of the field0 ta4eprecedence over the persuasive mandatory authorities. 5ith the availability of both0 usin# bothsources is hi#hly recommended.Classification by Character/his refers to the nature of the sub7ect treated in boo4s. /his classification cate#oriAes boo4s as @

a> Statute La+ "oo4s0 b> Case La+ "oo4s or La+ ,eports0 c> a combination of both and d> 6La+8inders.6La+ 8inders refer to inde!es0 citators0 encyclopedias0 le#al dictionaries0 thesauri or di#ests. )ma7or problem in the Philippines is that there are no uptodate La+ 8inders. 8ederico:orenoBs Philippine La+ Dictionary0 the only available Philippine la+ dictionary +as lastpublished in 10 alon# +ith one available Philippine Le#al /hesaurus by $ose )#aton Sibal in1'. /o search for le#al information0 le#al researchers #o online virtual libraries such as theSupreme Court Library0Chan ,obles =irtual La+ Library0 or the different databases in CD,(: format from CD )sia /echnolo#ies )sia Inc. /he databases developed by CD )sia includesnot only the compilation of La+s ;statutes> and $urisprudence0 but also include a compilation ofle#al information that are not available in printed form such as (pinions of the Department of

$ustice0 Securities and !chan#e Commission and "an#4o Sentral ;Central "an4> rules andre#ulations. Search en#ines used in these databases ans+er for the lac4 of complete andupdated inde!es of le#al information. In this re#ard0 effective le#al research can be conducted

+ith one cardinal rule in mind@ 6)L5)JS S/),/ 8,(: /? L)/S/.6 /he e!ception to thisis +hen the research has defined or has provided a SPCI8IC period.5 Philippine Legal Research5 Research of Statute la7Statute la+ are the rules and re#ulations promul#ated by competent authorities enactments ofle#islative bodies ;national or local> or they may be rules and re#ulations of administrative;departments0 or bureau> or 7udicial a#encies. ,esearch of statutory la+ does not end +ithconsultin# the la+ itself. )t times it e!tends to the intent of each provision or even the +ords

used in the la+.Constitution/he Philippines had several Constitutions as provided in some history boo4s such as Gre#orio 8.KaideBs Philippine Constitutional ?istory and Constitutions of :odern *ations ;1-> and8ounders of 8reedom /he ?istory of /hree Constitution by a sevenman "oard. /he Philippinele#al system reco#niAes the follo+in# Constitutions@ :alolos0 13&0 1-30 Provisional or8reedom and 1- Constitutions./e!t of the :alolos Constitution is available in some history boo4s such as Gre#orio 8. KaideBsPhilippine Constitutional ?istory and Constitutions of :odern *ations0 p. 1-' ;1->. 8or therest of the above mentioned Constitutions0 the te!ts are available in published Philippineconstitutional la+ boo4s. /e!t of these Constitutions +ill be available at the Supreme Court Library./he Constitutional Convention proceedin#s provide for the intent and bac4#round of eachprovision of the Constitution. Sources for the 13%13& Constitutional Convention are@ 1

volumes of the Constitutional Convention ,ecord by the ?ouse of ,epresentatives ;1''>0Salvador LaurelBs seven volumes boo4 entitled Proceedin#s of the Constitutional Convention;1''> ' volumes of the Philippine Constitution0 (ri#ins0 :a4in#0 :eanin# and )pplication by
http://chanrobles.com/http://chanrobles.com/http://chanrobles.com/


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the Philippine La+yers )ssociation +ith $ose )rue#o as one of its editors ;1-> and $ournal ofthe Constitutional convention of the Philippines by =icente 8rancisco.Proceedin#s of the 1-3 Constitutional Convention +ere not published. ) complete compilationis available at the 8ilipiniana ,eadin# ,oom of the *ational Library of the Philippines.

$ournals ;3 volumes> and ,ecords ;& volumes> of the Constitutional Convention of 1' +erepublished by the Constitutional Commission. /his publication does not have an inde!. CD/echnolo#ies )sia Inc. came out +ith a CD,(: version +hich facilitated research for it has asearch en#ine./he proceedin#s and te!t of the 13&0 1-3 and 1- Constitutions +ill be available at theSupreme Court Library.Commentaries or interpretations on the constitution0 decisions of the Supreme Court and othercourts0 te!tboo4s or treaties0 periodical articles of the different Constitution are available. ;See.Le#al "iblio#raphy on pa#e %3>

Treaties and other "nternational +gree&ents) treaty is an a#reement or a contract bet+een t+o ;bilateral> or more ;multilateral> nations orsoverei#ns0 entered into by a#ents appointed ;#enerally the Secretary of 8orei#n )ffairs orambassadors> for the purpose and duly sanctioned by supreme po+ers of the respectivecountries. /reaties that do not have le#islative sanctions are e!ecutive a#reements +hich may ormay not have le#islative authoriAation0 and +hich have limited e!ecution by constitutionalrestrictionsIn the Philippines0 a treaty or international a#reement shall be not be valid and effective unlessconcurred in by at least t+othirds of all members of the Senate ;Constitution0 )rticle =II0section 21>. /hose +ithout the concurrence of the Senate are considered as !ecutive

)#reements.

/he President of the Philippines may enter into international treaties or a#reements as thenational +elfare and interest may reuire0 and may contract and #uarantee forei#n loans on

behalf of the ,epublic0 sub7ect to such limitations as may be provided by la+. Durin# the time ofPres. :arcos0 there +as the socalled /ripoli )#reement./he official te!t of treaties is published in the (fficial GaAette0 Department of 8orei#n )ffairs/reaty Series ;D8)/S>0 nited *ations /reaty Series ;*/S> or the niversity of thePhilippines La+ CenterBs Philippine /reaty Series ;P/S>. /o locate the latest treaties0 there aret+o possible sources@ Department of 8orei#n )ffairs and the Senate of the Philippines. /here isno complete repository of all treaties entered into by the Philippines. /here is a selectivepublication of treaties in the (fficial GaAette. /he D8)/S +as last published in the 1-s +hilethe P/SBs last volume0 vol. contains treaties entered into until 11.5ith the * /reaty Series0it is available only in * depository libraries in the country and its nited *ation InformationCenter in :a4ati.8or ta! treaties ustauio (rdono has published a series on the Philippine ta! treaties. (ther

sources of important treaties are appended in boo4s on the sub7ect or la+ 7ournals such as the)merican $ournal of International La+ or the Philippine Jearboo4 of International La+.


24/57

/o locate these treaties0 the 8orei#n Service Institute published the Philippine /reaties Inde!;1%'12> and * :ultilateral /reaties Deposited +ith the Secretary General. lectronically0ma7or la+ libraries use the /reaties and International )#reements ,esearchers )rchives;/I),)> and the Internet.Statutes Proper

Statutes are enactments of the different le#islative bodies of since 1 bro4en do+n as follo+s@

%02-& )C/S nactments from 113& -33 Common+ealth )cts nactments from 13&1%& 23% Presidential Decrees nactments from 1-21& % "atas Pambansa. nactments from 1-1& 33&. ,epublic )cts nactments from 1%'1-20 1- )pril2&

/he above fi#ures clearly sho+ that durin# :artial La+0 both President :arcos and the"atasan# Pambansa ;Parliament> +ere issuin# la+s at the same time in the Presidential Decrees;by President :arcos > and "atas Pambansa ;Parliament>

Durin# :artial La+0 aside from Presidential Decrees0 the President promul#ated otherissuances namely@ &- General (rders0 10&2& Letters of Instruction0 20% Proclamations0 32:emorandum (rder0 102- :emorandum Circular0 1&- Letter of Implementation0 Letter of

)uthority0 Letters of Instruction0 &% )dministrative (rder and 103 !ecutive (rders.

)s previously stated0 the Presidential Decrees issued by Pres. :arcos durin# :artial La+ andthe !ecutive (rders issued by Pres. )uino before the openin# of Con#ress may be classifiedas le#islative acts for there +as no le#islature durin# those t+o periods.

La+s passed by the ne+ 1- Con#ress started from ,ep. )ct *o. ''3'0 as the last ,epublic )ctpromul#ated by Con#ress before :artial La+ +as ,ep. )ct *o. ''3&.

/he follo+in# are the Philippine codes adopted from 11 to present@ Child and Jouth 5elfare Code Civil Code Comprehensive )#rarian ,eform Code Coconut Industry Code Code of Commerce Cooperative Code Corporation Code 8amily Code 8ire Code 8orest ,eform Code Intellectual Property Code


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Labor Code Land /ransportation and /raffic Code Local Government Code :uslim Code of Personal La+s *ational "uildin# Cide *ational Code of :ar4etin# of "reastmil4 Substitutes and

Supplements *ational Internal ,evenue Code (mnibus lection Code Philippine nvironment Code ,evised )dministrative Code ,evised Penal Code Sanitation Code State )uditin# Code /ariff and Customs Code 5ater Code

/he ?ouse of ,epresentative prepared the procedure on ho+ a bill becomes a la+. /his

procedure is pursuant to the Constitution and reco#niAed by both ?ouses of Con#ress. /o betterappreciate the procedure0 a dia#ram +as prepared by the ?ouse of ,epresentatives.


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S(,C@ Con#ressional Library ?ouse Printin# Division0 )dministrative Support "ureau0$uly 1'.

)dministrative acts0 orders and re#ulations of the President touchin# on the or#aniAation ormode of operation of the #overnment0 rearran#in# or ad7ustin# districts0 divisions or parts ofthe Philippines0 and acts and commands #overnin# the #eneral performance of duties of publicofficials and employees or disposin# of issues of #eneral concern are made effective by !ecutive


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(rders. /hose orders fi!in# the dates +hen specific la+s0 resolutions or orders cease to ta4eeffect and any information concernin# matters of public moment determined by la+0 resolutionor e!ecutive orders0 ta4e the form of e!ecutive Proclamation.!ecutive (rders and Proclamations of the GovernorGeneral +ere published annually in a set!ecutive (rders and Proclamations. /hirty three ;33> volumes +ere published until 13& by

the "ureau of Printin#. )dministrative )cts and (rders of the President and Proclamations+ere published. (nly a fe+ libraries in the Philippines have these publications for the ma7ority+ere destroyed durin# 5orld 5ar II. /here are copies available at the La+ Library of Con#ress0Cincinnati La+ Library )ssociation ;+ho offered to donate them to the Supreme Court of thePhilippines> and some at the Library of the Institute of South ast )sian Studies in Sin#apore.In researchin# for Proclamations0 )dministrative (rders0 !ecutive (rders and :emorandum(rders Circulars of the President0 the year is a must0 or if no year is available0 the Presidentinvolved. /he number of these Presidential issuances starts +ith no. 1 as a ne+ President iss+orn in. /he e!ception to this is the !ecutive (rders issued by President Carlos Garcia afterhe assumed the Presidency because President :a#saysay died in a plane crash. ?e continuedthe number started by Pres. :a#saysay. 5hen President Garcia +as elected as President0 he

started his !ecutive (rder *o. 1./o loo4 for the intent of ,epublic )ct0 both ?ouses of Con#ress print the $ournal and ,ecordsof their proceedin#s. 5e have to #o throu#h the deliberation of both the ?ouse of Con#ress. /heproceedin#s of the ?ouse of ,epresentatives are no+ available on their+ebsite. /he "atasan#Pambansa has li4e+ise published it proceedin#s. /here are no available proceedin#s for theother la+s )cts0 Common+ealth )ct and Presidential Decrees

+d&inistrati%e Rules and Regulations)dministrative ,ules and re#ulations are orders0 rules and re#ulations issued by the heads ofDepartments0 "ureau and other a#encies of the #overnment for the effective enforcement ofla+s +ithin their 7urisdiction. ?o+ever0 in order that such rules and re#ulations may be valid0

they must be +ithin the authoriAed limits and 7urisdiction of the office issuin# them and inaccordance +ith the provisions of the la+ authoriAin# their issuance.In handlin# these types of materials0 there are t+o important items needed@ Issuin# )#ency andthe Jear it +as promul#ated. /his is due to the fact that all Department0 "ureaus0 and other#overnment a#encies use the administrative orders0 memorandum orders and memorandumcirculars for their administrative rules and re#ulations and they start al+ays +ith number 1every year. ven the Supreme Court issues )dministrative (rders0 Circulars0 :emorandum(rders0 and )dministrative :atters."efore the )dministrative Code of 1-0 these orders0 rules and re#ulations +ere selectivelypublished in the (fficial GaAette. /hus the only source to be able to #et a copy of the te!t ofthese rules and re#ulations is the issuin# #overnment a#ency itself.

5hen the 1- )dministrative Code ;!ecutive (rder *o. 22> promul#ated all #overnmentaland department orders0 rules and re#ulations have to be filed +ith the niversity of thePhilippines La+ CenterBs (ffice of *ational )dministrative ,e#ister and published uarterly in apublication called *ational )dministrative ,e#ister. )side from the printed copies0 the *ational

)dministrative ,e#ister is available electronically on CD,(: ;CD )sia /echnolo#ies Inc.> atthe Supreme Court Library. ,ules in force on the date on +hich the Code too4 effect +hichare not filed +ithin three months from the date not thereafter shall be the basis of any sanction
http://www.congres.gov.ph/http://www.congres.gov.ph/


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a#ainst any person or party. ach rule becomes effective 1& days after the filin#0 unless adifferent date is fi!ed by la+ or specified in the rule in cases of imminent dan#er to publichealth0 safety and +elfare0 the e!istence of +hich must be e!pressed in a statementaccompanyin# the rule. /he court shall ta4e 7udicial notice of the certified copy of each rule dulyfiled or as published in the bulletin or codified rules

niversity of the Philippines La+ CenterBs (ffice of *ational )dministrative ,e#ister is not onlytas4ed to publish this uarterly re#ister but must 4eep an uptodate codification of all rulesthus published and remainin# in effect to#ether +ith a complete inde! and appropriate tables.very rule establishin# an offense or definin# an act +hich pursuant to la+ is punishable as acrime or sub7ect to a penalty shall in all cases be published in full te!t. !ceptions to the 6filin#reuirement6 are@ Con#ress0 $udiciary0 Constitutional Commission0 military establishments inall matters relative to )rmed 8orces personnel0 the "oard of Pardons and Parole and stateuniversities and colle#es.

)s previously stated0 there are no uptodate or complete Statutes finders. /hose published arelisted in the "iblio#raphy. )s previously stated0 to facilitate le#al research0 one has to #o onlineto virtual libraries such as the Supreme Court Library0 Chan ,obles =irtual La+ Library or

the different databases in CD ,(: of CD )sia /echnolo#ies )sia Inc.
http://www.chanrobles.com/http://www.chanrobles.com/


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52 Research of Case La7

S(,C@ 22 ,evised :anual of Cler4s of Court.:anila0 Supreme Court0 22.Case La+ or $udicial decisions are official interpretations or manifestation of la+ made bypersons and a#encies of the #overnment performin# 7udicial and uasi7udicial functions. )t theape! of the Philippine $udicial System is the Supreme Court or +hat they call as court of last
http://www.supremecourt.gov.ph/E-Library/Referencehttp://www.supremecourt.gov.ph/E-Library/Referencehttp://www.supremecourt.gov.ph/E-Library/Reference


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resort. /he reor#aniAation of the $udiciary of 1 ;"atas Pambansa "ld#. 12> established thefollo+in# courts@

Court of )ppeals ,e#ional /rial Courts divided into different 7udicial re#ions0 :etropolitan /rial Court :unicipal /rial Court in Cities :unicipal /rial Courts :unicipal Circuit /rial Courts.

/he Shariah ;ShariaBa> Circuit and District Courts ;Presidential Decree *o. 13>0 Court of /a!)ppeals ;,epublic )ct *o. 112&> and the Sandi#anbayan ;Presidential Decree *os. 1%' and1''>0 sec. %0 )rt )dministrative :atters.


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Case ,eports in the Philippines such the Philippine ,eports0 SC,)0 SC)D come in boundvolume +hich #enerally covers a month. /he (fficial GaAette and Philippine ,eports are theofficial repository of decisions and e!tended resolutions of the Supreme Court. /he difference

bet+een the t+o lies +ith the fact that the (fficial GaAette selectively publishes Supreme Courtdecisions +hile Philippine ,eports contains all decisions of the Supreme Court e!cept minuteresolutions. ?o+ever0 from 11 until 1'0 there +ere unpublished decisions of the Supreme

Court. /he list and sub7ect field are found at the bac4 of each volume of the Philippine ,eports.Some of these decisions are cited in treatises or annotations. In vie+ to the importance of thesedecisions0 the late $ud#e *itafan of the ,e#ional /rial Court of :anila started publishin#Supreme Court npublished Decisions vol. 1 covers decisions from :arch 1%' to 8ebruary1&2.

ven before the +ar0 there +ere unpublished decisions of the Court. /he source of theseunpublished decisions is the (ffice of the ,eporter of the Supreme Court. Due to the +ar0 anumber of the ori#inal decisions have been burned. So0 there is no complete compilation of theori#inal decisions of the Supreme Court. /his problem is bein# solved by the Supreme Court Library +here are #reat number of these unpublished decisions of the Supreme Court before the

+ar +ere retrieved from different sources such as the nited States *ational )rchives in

:aryland0 private collection of former Supreme Court $ustices such as Chief $ustice ,amon)vancena and $ustice Geor#e :alcom ;collection is +ith the niversity of :ichi#an> and privatela+ libraries +ho +ere able to save some of their collection such as the niversity of Santo/omas0 the oldest university in the Philippines. Search for the unpublished decisions stillcontinues. ) list of these unpublished decisions is in the Supreme Court LibraryFPro7ectC(:PSDC./he early volumes0 particularly those before the +ar +ere ori#inally published in Spanish in the$urisprudencia 8ilipina. /hey +ere translated to form the Philippine ,eports. Decisions durin#the said period ori#inally +ere in the Spanish lan#ua#e. /he Philippine ,eports until volume12' ;1'Bs> +as published by the "ureau of Printin#0 no+ the *ational Printin# (ffice. Due toits late publication0 Pres. :arcos transferred its publication to the Supreme Court.

/he most popular secondary source is the SC,). )ctually0 le#al practitioners cite it more thanthe Philippine ,eports and the Le! Libris $urisprudence CD ,(:.?o+ can +e search for Supreme Court decisions@

/opic or Sub7ect )pproach@ ;Please See Complete title of thepublication from the Philippine Le#al "iblio#raphy chapter>

o Philippine Di#esto ,epublic of the Philippine Di#esto =elayoBs di#esto :a#sinoBs Compendiumo Supreme CourtBs unpublished Sub7ect Inde!o

:artineABs Summary of Supreme Court rulin#s 1% to1-o P La+ CenterBs Supreme Court decisions@ sub7ect inde!and di#estBso SCBs Case Di#estBso Philippine La+ and $urisprudenceo Casti#adorBs Citationso SC,) Huic4 Inde! Di#esto Le! Libris $urisprudence


32/57

/itle )pproach or /itle of the )pproach@ ;Please See Complete titleof the publication from the Philippine Le#al "iblio#raphy chapter>

o Philippine Di#est Case Inde!o ,epublic of the Philippines Di#esto (n#0 :. /itle Inde! to SC decisions 1%'1- 2v. 1-

11 1st Suppl 111&0 2nd Suppl 1' to present isunpublished but available at the SC Libo )teneoBs Inde! )uirreBs Inde!o Le! Libris $urisprudenceF/emplate search

Court of +ppeals decisionsDecisions of the Court of )ppeals are merely persuasive on lo+er courts. /hey are cited in cases

+here there are no Supreme Court decisions in point. In this re#ard0 they are considered as7udicial #uides to lo+er courts and that conclusion or pronouncement they ma4e can be raisedas a doctrine.Sources of Court of )ppeals decisions are@

/e!t@

o (fficial GaAette ;selective publication>o Court of )ppeals ,eports +hich +as published by theCourt of )ppeals until 1. ven this publication is not acomplete compilation. It is still considered selective for not all C)decisions are published.o Court of )ppeals ,eports ;C),> by Central "oo4 Supply.(ne volume +as publishedo Philippine La+ and $urisprudenceo ,eports (ffice of the Court of )ppeals

Sub7ect or /opic )pproach@

o =elayoBs Di#esto :orenoBs Philippine La+ dictionary

*ecisions of Special CourtsSandi#anbayan and the Court of /a! )ppeals do not have published decisions. /heSandi#anbayan has only one volume published Sandi#anbayan ,eports vol. 1 covers decisionspromul#ated from December 1- to 1.

Court of /a! )ppeals decisions from 1 to 2% are found in the Le! Libris /a!ation CD,(:.

*ecisions of +d&inistrati%e +gencies/ Co&&issions and )oardsLa+s have been promul#ated +hich #rants some administrative a#encies to perform uasi

7udicial functions. /hese functions are distinct from their re#ular administrative or re#ulatoryfunctions +here rules and re#ulations are promul#ated. Last +ee40 Pres. strada si#ned thelatest Securities )ct. /his affects Securities and !chan#e CommissionBs ;SC> uasi7udicialfunctions . /he other a#encies performin# said functions are *ational Labor ,elationsCommission ;*L,C>0 Insurance Commission0 ?ousin# and Land se ,e#ulatory "oard;?L,">0 Government Service Insurance System ;GSIS>0 Social Security System ;SSS> and eventhe Civil Service Commission;CSC>. Some of their decisions are published in the (fficial


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GaAette. Some have their o+n publication such as the SC and the CSC or some include them intheir o+n +ebsitesCD )sia /echnolo#iesB Le! Libris series has individual CD ,(:s for the Department of $ustice0Securities and !chan#e Commission0 "an#4o Sentral n# Pilipines ;Central "an4 of thePhilippines>0 and the "ureau of Internal ,evenue. Included in these individual CD ,(:s are

the pertinent la+s0 their respective issuances as +ell as Supreme Court decisions. It CD ,(:on Labor ;vol. =II> incorporated issuances from the Department of Labor and mployment andits affiliated a#encies and offices. /he /rade0 Commerce and Industry CD ,(: includesSupreme Court decisions0 la+s and issuances of its various a#encies such as the Department of/rade and Industry0 "oard of Investments0 "ureau of Customs0 "an#4o Sentral and thePhilippine Stoc4 !chan#e. Legal Profession and Legal 'ducation/he Constitution ;sec.&> vests the Supreme Court +ith the po+er of admission to the practice ofla+. /he 7udicial function to admit to the le#al profession is e!ercised by the Supreme Courtthrou#h a Car !amination Committee. /he reuirements to be able to apply for admission tothe bar are provided in ,ule 130 sec. 2 and sections &' ;academic reuirements>. very

applicant for the admission must be a 8ilipino citiAen and at least 21 years of a#e. )s to theacademic reuirements0 he should have finished a four year prela+ course and a four year la+de#ree. /he "ar !aminations are #iven durin# the four ;%> Sundays of September of each year./he lists of la+yers +ho are allo+ed to practice are found in the ,olls of )ttorneys of theSupreme Court and the publication of the Court entitled0 La+ List. /his La+ List is available inthe Supreme Court +ebsite.Special "ar !ams for ShariBa Court la+yers is provided for by virtue of the Court n "anc,esolution dated September 20 13. /he e!am is #iven every t+o years. )lthou#h the e!am isconducted by the Supreme Court "ar (ffice0 it is the (ffice of :uslim )ffairs +ho certifies as to

+ho are ualified to ta4e the e!am.

)ll attorneys +hose names are in the ,olls of )ttorneys of the Supreme Court +ho haveualified for and have passed the bar e!aminations conducted annually0 ta4en the attorneyBsoath0 unless other+ise disbarred must be a member of the Inte#rated "ar of the Philippines."ar :atter *o. & +as promul#ated by the ,esolution of the Supreme Court n "anc0providin# for the rules on :andatory Continuin# Le#al ducation ;:CL> for )ctive :embersof the Inte#rated "ar of the Philippines ;I"P>. /he members of the I"P have to complete everythree ;3> years at least thirty si! ;3'> hours of continuin# le#al activities approved by the :CLCommittee. )n I"P member +ho fails to comply +ith the said reuirement shall pay a noncompliance fee and shall be listed as a delinuent member of the I"P. ) :andatoryContinuin# Le#al ducation (ffice +as established by the Supreme Court ;SC )dministrative(rder *o. 11323> to implement said :CL.. La7 Schools/he present ei#hty nine ;> la+ schools throu#hout the Philippines are as follo+s@

)damson niversity0 San :arcelino St.0 :anila )4lan Colle#es0 Ealibo )4lan )ndres "onifacio Colle#e0 Colle#e Par40 Diolo# City )uinas niversity0 2S Ein#Bs "uildin#0 $)) Penaranda St.0Le#aspi City )raullo niversity0 "itas0 Cabanatuan City )rellano niversity0 /aft )ve.0 cor.:enlo St0 Pasay City
http://www.supremecourt.gov.ph/http://www.supremecourt.gov.ph/http://www.supremecourt.gov.ph/


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)teneo de Davao niversity0 $acinto St.0 Davao City )teneo de :anila niversity0 ,oc4+ell Drive0 ,oc4+ell Center0:a4ati City "a#uio Colle#es 8oundation0 ?arrison ,d.0 "a#uio City "asilan State niversity0 "asilan City "icol niversity0 Dara#a )lbay "u4idnon State Colle#e0 :alaybalay0 "u4idnon Ca#ayan Colle#es/u#ue#arao0 /u#ue#arao0 Ca#ayan Ca#ayan State niversity0 /u#ue#arao0 Ca#ayan Camarines *orte School of La+0 Itoman#0 /alisay0 Camarines*orte Central Philippines niversity0 $aro0 Iloilo City Christ the Ein# Colle#e0 Calbayo# City Cole#io dela Purisima Concepcion0 I"P (ffice0 ?all of $ustice0,o!as City Cor $esus Colle#e0 Di#os0 Davao del Sur Cordillera Colle#e0 "uya#an0 La /rinidad0 "en#uet Don :ariano :arcos :emorial State niversity0 San 8ernando0

La nion Dr. =icente (restes ,omualdeA ducation 8oundation Inc.0/acloban City0 Leyte ast Central Colle#es0 San 8erando City0 Pampan#a 8ar astern niversity0 *icanor ,eyes Sr. St.0 Sampaloc0:anila 8ernandeA Colle#e of )rts /echnolo#y0 Gil Carlos St.0 "aliua#0"ulacan 8oundation niversity0 Dr. :iciano St.0 Duma#uete City ?arvadian Colle#es0 San 8ernando0 Pampan#a ?oly *ame niversity0 /a#bilaran city0 "ohol $ose ,iAal niversity0 2 Sha+ "lvd.0 :andaluyon# City Leyte Colle#es0 Kamora St.0 /acloban Cit y

Liceo de Ca#ayan niversity0 ,odolfo *. PelaeA "lvd0 Carmen0Ca#ayan de (ro City Luna Goco Colle#es0 Calapan0 (riental :indoro LuAon Colle#es0 HueAon Lyceum of the Philippines0 L.P. Leviste St.0 :a4ati City Lyceum*orth+estern niversity0 Da#upan City0 Pan#asinan :anila La+ Colle#e 8oundation0 Sales St.0 Sta. CruA0 :anila :anuel L. HueAon niversity0 ,. ?idal#o St.0 Huiapo0 :anila :anuel S. nver#a niversity 8oundation0 8oundation Fst.0Lucena City :asbate Colle#es0 :asbate0 :asbate :edina Colle#es0 (AamiA City

:indanao State niversity0 :ara+i City :isamis niversity0 "onifacio St.0 (Aamis City *e+ ra niversity0 St $oseph St.0 :ilton ?ills Subd.0 "#y0 *e+ra0 HueAon City *ortheastern Colle#e0 Santia#o City0 Isabela *orth+estern niversity0 Laoa# City *otre Dame niversity0 *ote Dame )ve.0 Cotabato City Pa#adian Colle#e of Criminolo#y Sciences0 Pa#adian City Pala+an State niversity0 Sta. :onica0 Puerto Princesa0 Pala+an


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Pamantasan n# Lun#sod n# :aynila0 Intramuros0 :anila Philippine )dvent Colle#e0 Sindan#an0 Kamboan#a del *orte Philippine La+ School0 8.". ?arrison St.0 Pasay City Samar Cole#es0 Catbalo#an0 Samar San "eda Colle#e0 :endiola St.0 San :i#uel0 :anila San Pablo Colle#es0 San Pablo City San Sebastian Colle#e,ecoletos0 C.:. ,ecto )venue0 :anila Saint Louis Colle#e0 San 8ernando City0 La nion St. Louis niversity0 "onifacio St.0 "a#uio City St. :aryBs niversity0 3- "ayombon#0 *ueva =iAcaya Silliman niversity0 ?ubbard )venue0 Duma#uete City0 *e#ros(riental South+estern niversity0 r#illo St.0 Samba# District0 Cebu City /abaco Colle#es0 /abaco0 )lbay niversity of "atan#as0 "atan#as City niversity of "ohol0 /a#bilaran City niversity of astern Philippines0 Catarman0 *orthern Samar niversity of Iloilo0 Iloilo City niversity of :anila0 :.=. delos Santos0 :anila niversity of :indanao0 "olton St.0 Davao City niversity of *e#ros (ccidental,ecoletos0 LiAares St.0 "acolodCity niversity o *orth astern Philippines0 Iri#a City niversity of *ueva Caceres0 I#ualdad St.0 *a#a City niversity of Pan#asinan0 Da#upan City0 Pan#asinan niversity of Perpetual ?elp,iAal0 Las Pinas City niversity of Perpetual ?elp system0 "inan0 La#una niversity of san )#ustin0 Ge. Luna St.0 Iloilo City niversity of San Carlos0 P. del ,osario St.0 Cebu City niversity of San $ose,ecoltos0 Cebu City

niversity of Southern Philippines 8oundation0 Cebu City niversity of Santo /omas0 spana0 :anila niversity of the ast0 C.:. ,ecto )venue0 :anila niversity of the Philippines0 Diliman0 HueAon City niversity of =isayas0 Cebu City rios Colle#e0 San 8rancisco St. cor. $.C. )uino )venue0 "utuanCity =ir#en de los ,emedos Colle#e0 1 8ontaine St0 at "a7ac"a7ac0(lon#apo City =ir#en :ila#rosa niversity0 san Carlos City0 Pan#asinan 5esteern :indanao State niversity 0 Kamboan#a City


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2 )ar +ssociationsInte#rated "ar of the Philippines/he official or#aniAation for the le#al profession is the Inte#rated "ar of the Philippines ;I"P>0established by virtue of ,epublic )ct *o. '3-. /his confirmed the po+er of the Supreme Courtto adopt rules for the inte#ration of the Philippine "ar. Presidential Decree 11 ;1-3>

constituted the I"P into a corporate body./here are no+ about %0 attorneys +ho composed the I"P. /hese are the attorneys +hosenames are in the ,olls of )ttorneys of the Supreme Court +ho have ualified for and havepassed the bar e!aminations conducted annually0 ta4en the attorneyBs oath0 unless other+isedisbarred. :embership in the I"P is compulsory. /he Supreme Court in its resolution Courtn "anc dated *ovember 120 22 ;"ar :atter *o. 1132> and amended by resolution Court n"anc dated )pril 10 23 ;"ar :atter *o.. 11222> reuire all la+yers to indicate their ,oll of

)ttorneys *umber in all papers and pleadin#s filed in 7udicial and uasi7udicial bodies inadditional to the previously reuired current Professional /a! ,eceipt ;P/,> and I"P (fficial,eceipt or Life :ember *umber.

(ther "ar )ssociations/he other voluntary bar associations are the Philippine "ar )ssociation0 Philippine La+

Philippine Legal Research - Ong

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