1
LEAGAL RESEARCH
Finding and assembling of authorities that bear on a
question of law
The field of study concerned with the effective
marshalling of authorities that bear on question of law
It may vary according to country and legal system
Importance of Knowing legal literature:
1. Conduct accurate and effective legal research
Problems in knowing legal literature:
1. Lack of printed law finders
2. Lack of complete printed compilation of statutes
and jurisprudence
3. Slow publication
Remedy: Use electronic sources
-
-
-
INTRODUCTION
Philippines - Background
7,107 islands with a land area of 299,740 sq. kilometers.
National Territory of the Philippines. Article I of the 1987
Constitution provides that the "national territory comprises
the Philippine archipelago, with all the islands and waters
embraced therein and all other territories which the
Philippines has sovereignty or jurisdiction."
Baselines:
o 1935 Constitution.
o Republic Act No. 3046 as amended by Republic Act
No.5446.
o Republic Act No. 9522,
 approved on March 10, 2000
 amended both laws and defined the archipelagic
baselines as “Regime of Islands” (section 2) ,
 consistent with Art.121 of the United Nations
Convention of the Law of the Sea (UNCLOS),
 Rodolfo Severino, wrote “Clarifying the New
Philippines Baseline Law”“(Republic Act No. 9522)
 purpose of the law is mainly to amend the existing
baselines act and to ‘define the archipelagic
baselines of the Philippines’.

It does not extend the baselines to Spratlys or to
Scarborough Shoal,
 The constitutionality of the law was question at the
Supreme Court in the case Magallona, et. al vs.
Ermita, et. al., G.R. No. 187167. The decision
upholding the constitutionality of the law was
penned by Justice Antonio T. Carpio on July 16,
2011.
 Noteworthy to mention are the two grounds
invoked by the petitioners in questioning the
constitutionality of the law:”1). RA 9522 reduces
the Philippine maritime territory, and logically, the
reach of the Philippine state’s sovereign power, in
violation of Article 1 of the 1987 Constitution” and
2) “RA 9522 opens the country’s waters landward
of the baselines to maritime passage by all vessels
and aircrafts, undermining Philippine sovereignty
and national security, contravening the country’s
nuclear-free policy, and damaging marine
resources, in violation of relevant constitutional
provisions.”
Filipino culture - 91% Christian Malay, 4% Muslim Malay,
1.5% Chinese and 3% others.
National Language - Filipino (Tagalog) (1987 Constitution, Art.
XIV, sec.
Official language- Filipino and English for the purpose of
communication and instruction (Art. XIV, sec 7).
-
-
-
Supreme Court Administrative Circular No. 16-2010 allowed
the optional use and on a per case basis, the use of Filipino
(Tagalog) in court proceedings
” Republic Act No. 10157, known as the Kindergarten
Education Act utilizes the “mother tounge-based multilingual
education (MTB-MLE) method as the” primary medium of
instruction for teaching and learning in the kindergarten level
(sec.5). However, also in section 5, the law specifically
provides that the Department of Education must include in
its teaching strategies the “child’s understanding of English,
which is the official language.”
Dialects or regional languages - eight major dialects, which
include Bicolano, Cebuano, Hiligaynon or Ilongo, Ilocano,
Pampango, Pangasinense, Tagalog, and Waray.
2 major religions - Christianity (particularly Catholicism, 80% )
and Islam.
Other religions:
o Protestant -introduced by American missionaries.
o Aglipay, or the Philippine Independent Church, and the
Iglesia ni Kristo,El Shaddai, Ang Dating Daan, and 'Jesus
is Lord' have been established.
The separation of Church and State is inviolable.
(Constitution (987), Art. II, sec.6) but has a great influence in
the legal system of the Philippines.
For the Muslim - a special law, the Code of Muslim Personal
Laws (Presidential Decree no. 1083), special courts were
established, the Shari’a courts.
Political Structure
The Constitution - fundamental law of the land, defined by
the 1987 Constitution, duly ratified in a plebiscite held on
February 2, 1987.
Philippines is a democratic and republican state where
sovereignty resides in the people and all government
authority emanates from them (Article II, section 1).
Government Structure
a) Pre-Spanish (before 1521)
The Barangays
o Unit of government structures before Spain
colonized the Philippines, headed by Datu.
o Datus were called Cabeza de Barangay during the
Spanish period.
o He governs the barangays using native rules, which
are customary and unwritten.
o 2 codes during this period:
1. the Maragtas Code issued by Datu Sumakwel of
Panay Island
2. Code of Kalantiao issued by Datu Kalantiano in
1433.
o Just like many ancient societies, trial by ordeal was
practiced.
b) Spanish period (1521-1898)
Magellan discovered the Philippines - Mactan Island
(Cebu) on March 16, 1521.
Royal decrees, Spanish laws, and/or special issuances of
special laws for the Philippines were extended to the
Philippines from Spain by the Spanish Crown through the
councils.
governor-general - The chief legislator, exercises
legislative functions by promulgating executive decrees,
edicts or ordinances with the force of law.
2
-
-
-
-
Royal Audencia, or Spanish Supreme Court - also
exercised legislative functions when laws are passed in
the form of autos accordados.
Prominent laws in this period as per Melquiades
Gamboa, in his book entitled “ An Introduction to
Philippine Law” (7th ed, 1969),
o Fuero Juzgo,
o Fuero Real,
o Las Siete Partidas,
o Leyes de Toros,
o Nueva Recopilacion de las Leyes de Indias
o Novisima Recopilacion.
Laws in force at the end of the Spanish rule in 1898 are
as follows:
o Codigo Penal de 1870,
o Ley Provisional para la Aplicaciones de las
Dispociciones del Codigo Penal en las Islas
Filipinas,
o Ley de Enjuciamento Criminal,
o Ley de Enjuciameniento Civil,
o Codigo de Comercio, Codigo Civil de 1889,
o Ley Hipotecaria, Ley de Minas,
o Ley Notarial de 1862,
o Railway Law of 1877,
o Law of Foreigners for Ultramarine Provinces and
the Code of Military Justice.
Philippine Republic
o between the Spanish and the American period.
o Philippine Independence - Kawit , Cavite on
June 12, 1898.
o The Malolos Congress also known as Assembly
of the Representatives, revolutionary in nature,
was convened on September 15, 1898.
o Malolos Constitution - the first Philippine
Constitution, approved on January 20, 1899.
o General Emilio Aguinaldo was the President and
o Don Gracio Gonzaga as the Chief Justice.
o A Republic, although with de facto authority,
was in force until the start of the American
Sovereignty when the Treaty of Paris was signed
on December 10, 1898.
c) American period (1898-1946)
Started after the Battle of Manila Bay - Spain ceded the
Philippines to the United States upon the signing of the
Treaty of Paris on December 10, 1898.
A military government, military governor as the chief
executive exercising executive, legislative and judicial
functions.
Legislative function was transferred to the Philippine
Commission in 1901,
United States President as commander-in-chief of the
Armed forces
Philippine Bill of 1902 - established the First Philippine
Assembly, which convened on October 16, 1907.
Jones law provided for the establishment of a bicameral
legislative body on October 16, 1916
Philippine Constitution on February 8, 1935, signed by
U.S. President Franklin Delano Roosevelt on March 23,
1935 and ratified at a plebiscite held on May 14, 1935.
Organic laws that governed the Philippines during this
period were:
o President McKinley’s Instruction to the Second
Philippine Commission on April 7, 1900;
o Spooner Amendment of 1901;
o
o
o
-
-
-
-
-
-
Philippine Bill of 1902;
Jones Law of 1916
Tydings McDuffie Law of May 1, 1934.
(established Commonwealth government and
the right to promulgate its own Constitution).
The 1935 Constitution initially unicameral system.
However, the bicameral system was restored pursuant
to the 1940 Constitutional amendment.
The
Commonwealth
government
transition
government for ten years before the granting of the
Philippine independence.
Cayetano Arellano was installed as the first Chief Justice
in 1901.
Decisions rendered by the Supreme Court of the
Philippines were appealed to the United States Supreme
Court, which were reported in the United States
Supreme Court Reports.
Manuel L. Quezon and Sergio Osmeña were elected as
President and Vice-President respectively during the
September 14, 1935 elections.
Commonwealth government went into exile in
Washington DC during the Japanese period from May 13,
1942 to October 3, 1944.
President Manuel L. Quezon died on August 1, 1944 and
was succeeded by President Sergio Osmena who brought
back the government to Manila on February 28, 1945.
d) Japanese period (1941-1944)
Started: Bombing of Clark Field, on December 8, 1941,
Lasted three years, ended in 1944
A Japanese Republic - Jose P. Laurel as its President.
Jose Yulo was the Chief Justice of the Supreme Court.
military rule by the Japanese Imperial Army.
The 1943 Constitution was ratified by a special national
convention of the Kapisanan sa Paglilingkod ng Bagong
Pilipinas (KALIBAPI) – not recognized after the war.
e) Republic period (1946-1972)
July 4, 1946 was the inauguration of Philippine
independence.
republic means a government by the people and
sovereignty resides in the entire people as a body politic.
provided for the establishment of three co-equal
branches of government. Executive power rests in the
President, legislative power in two Houses of Congress
and judicial power in the Supreme Court, and inferior
courts. Separation of powers is recognized.
Amendment of the 1935 Constitution to 1973
Constitution
o Started on August 24, 1970 under RA No. 6132,
o 310 delegates were elected on November 10,
1970.
o June 1, 1971, the Constitutional Convention
met.
o September 21, 1972 – declared martial law.
o November 29, 1972 – completed the draft.
o January 17, 1973 - ratification through citizens’
assemblies
f) Martial Law Period (1972-1986).
The Congress was abolished
established a parliamentary form of government.
Executive and legislative powers were merged
3
-
-
-
-
-
-
-
Chief Executive was the Prime Minister who was elected
by majority of all members of the National Assembly
(Parliament).
The Prime Minister had the power to advise the
President. The President is the symbolic head of state.
Military tribunals were also established.
Amendment No. 3 - the powers of the President and the
Prime Minister were merged into the incumbent
President Ferdinand E. Marcos.
Amendment No. 6- authorized President Marcos to
continue exercising legislative powers until Martial law is
in effect.
Amendment No. 7- provided for the barangays as the
smallest political subdivision and the sanggunians, or
councils.
The 1981 amendment – modified presidential
/parliamentary system of government of the Philippines.
The President - elected by the people for a term of six
years while the Prime Minister - elected by a majority of
the Batasang Pambansa (Parliament) upon the
nomination of the President. He was the head of the
Cabinet and had supervision over all the ministries.
Proclamation No. 2045 (1981)- lifted Martial Law and
abolished military tribunals.
June 16, 1981 and President Marcos was re-elected into
office as President.
Amendment – through plebiscite on January 27, 1984
pursuant to Batas Pambansa Blg. 643 (1984).
Impeachment resolution by 57 – filed against President
Marcos but was dismissed.
Snap Election – called on November 3, 1985, and was
held on February 7, 1986. The National Movement for
Free Elections, or NAMFREL, results showed that
Corazon Aquino led by over a million votes. However,
the Batasang Pambansa declared that Ferdinand E.
Marcos and Arturo M. Tolentino won over Corazon C.
Aquino and Salvador H. Laurel as President and VicePresident, respectively.
Feb 25, 1986 - People Power revolution, which ousted
President Marcos
g) Republic Revival (1986-present)
Corazon C. Aquino and Salvador H. Laurel took their oath
of office as President and Vice President of the Philippine
Republic on February 25, 1986.
Proclamation No. 1 (1986) was promulgated wherein the
President and the Vice President took power in the name
and by the will of the Filipino people.
Proclamation No. 3 (1986) adopted as the Provisional
Constitution or Freedom Constitution, provided for a
new government.
Proclamation No. 9 (1986) - Constitutional Commission,
composed of 48 members, was mandated to draft a
Constitution.
Draft constitution was submitted to the President on
October 15, 1986 and ratified by the people in a
plebiscite held on February 2, 1987.
The Republican form of government was officially
revived when the 1987 Constitution was ratified and
Congress was convened in 1987.
Legislative enactments again rested in the Congress.
Republic Acts were again issued by Congress, the
number of which took off from the last number used
before Martial Law was declared.
-
-
-
-
-
-
-
-
-
The numbering of Republic Acts continued from the
number last used before Martial Law (Republic Act No.
6635 (1972) and Republic Act No. 6636 (1987).
The Republic form of government by virtue of the 1987
Constitution was the same type of republican
government prior to Martial law by virtue of the 1935
Constitution with three co-equal branches: Executive,
Legislative and the Judiciary.
Constitution (1987), Article XI,
provides for the
accountability of public officers. Article XI, Section 1 ,
“Public office is a public trust. Public officers and
employees must, at all times, be accountable to the
people, serve them with utmost responsibility, integrity,
loyalty, and efficiency; act with patriotism and justice,
and lead modest lives.”
Public officers in the Executive (President and Vice
President) , Judiciary (Members or Justices of the
Supreme Court) and the Constitutional Commissions and
the Ombudsman may be removed from office on
impeachment for, and conviction of, culpable violation of
the Constitution, treason, bribery, graft and corruption,
other high crimes, or betrayal of public trust.
All other public officers and employees may be removed
from office as provided by law, such as the civil service
laws, but not by impeachment (Article XI, Section 2).
Congress, which is involved in the impeachment process.
The House of Representatives has the exclusive power to
initiate all cases of impeachment though a verified
complaint or resolution of impeachment filed by at least
one-third of all the Members of the House of
Representatives, and an Articles of Impeachment
(Article XI, Section 3, (1) – (5)).
The Senate shall have the sole power to try and decide
all cases of impeachment.
When the President of the Philippines is on trial, the
Chief Justice of the Supreme Court shall preside, but
shall not vote.
The public officer (President and Vice President,
members or Justices of the Supreme Court and the
Constitutional Commissions and the Ombudsman) shall
be convicted with the concurrence of two-thirds of all
the Members of the Senate. (Article XI, Section 3, (6).
When the Chief Justice or members of the Judiciary and
the Constitutional Commissions and Ombudsman are on
trial, the Senate President shall preside. Rules of
impeachment shall be promulgated by the Senate.
GOVERNMENT STRUCTURE
Executive Branch
The President is vested with the executive power. (Art.
VII, sec. 1, 1987 Constitution).
The President is both the Chief of State (head of
government) and the Commander-in-Chief of all the
Armed Forces of the Philippines (Art. VII, sec. 18).
The Philippines has had fifteen (15) Presidents from
Emilio Aguinaldo to Benigno S. Aquino III.
Includes the Vice-President and the Secretaries of Heads
of the
Executive Departments and other Cabinet
officials
Both the President and the Vice-President are elected by
direct vote of the Filipino people for a term of six years.
4
-
-
-
The President is not eligible for a reelection while the
Vice President cannot serve for more than two terms.
Congress is empowered to promulgate rules in the
canvassing of certificates of election.
The Supreme Court sitting en banc is the sole judge of all
election contests relating to their election, returns and
qualifications (Art VII, sec. 4) - Presidential Electoral
Tribunal.
The Cabinet members are nominated by the President,
subject to the confirmation of the Commission on
Appointments (Art. VII, sec, 16) which consists of the
President of the Senate, as ex- officio Chairman, twelve
Senators and twelve members of the House of
Representatives (Art. VI, sec. 1).
The President exercises control over all the executive
departments, bureaus and offices (Art. VI, sec, 17).
Legislative Department
Vested in the Congress of the Philippines, consisting of
the Senate and the House of Representatives (Art. VI,
sec.
Senate of the Philippines
o 24 Senators elected at large, term of not more than
six (6) years. And not more than two consecutive
terms. (Art VI, sec. 4).
o The Senate is led by the Senate President, Pro
Tempore, Majority Leader and the Minority Leader.
o The Senate President is elected by majority vote of
its members.
o (36) permanent committees
o (5) oversight committees.
o The sole judge of contests relating to election,
returns and qualifications of members of the Senate
rests with the Senate Electoral Tribunal (SET), which
is composed of nine members, three of whom are
Justices of the Supreme Court and six members of
the Senate. (Art. VI, sec. 17).
House of Representatives
o Not more than (250) members, elected by legislative
districts for a term of three years, not more than
three consecutive terms.
o The party-list representatives, who come from
registered national, regional and sectional parties
and organizations, shall constitute twenty percent
(20%) of the total number of representatives. (RA
No. 7941), which was approved on March 3, 1995.
o Officials - Speaker of the House, Deputy Speaker for
Luzon, Deputy Speaker for Visayas, Deputy Speaker
for Mindanao, Majority Leader, and Minority Leader.
o The Speaker of the House is elected by majority vote
of its members.
o (57) standing committees
o (16) special committees
o The sole judge of contests relating to election,
returns and qualifications of members of the House
of Representatives rests with the House of
Representatives Electoral Tribunal (HRET) which is
composed of nine members, three of whom are
Justices of the Supreme Court and six members of
the Senate.(Art. VI, sec. 17).
Judicial System
-
-
-
-
Judicial power rests with the Supreme Court and the lower
courts, as may be established by law (Art. VIII, sec. 1). With
fiscal autonomy.
The Rules of Court and the rules and regulations issued by
the Supreme Court - define the rules and procedures of the
Judiciary.
Department of Justice Administrative Order No. 162 dated
August 1, 1946 - Canon of Judicial Ethics.
Supreme Court of the Philippines promulgated a new Code of
Judicial Conduct for the Philippine Judiciary effective June 1,
2004 (A.M. No. 03-05-01-SC),
The Supreme Court promulgated on June 21, 1988 the Code
of Professional Responsibility for the legal profession.
A Code of Conduct for Court Personnel (A.M. No. 03-06-13SC) was adopted on April 13, 2004, effective June 1, 2004
Supreme Court of the Philippines
o The barangay chiefs exercised judicial authority prior to
the arrival of Spaniards in 1521.
o The Royal Audencia was
 established on May 5, 1583,
 composed of a president, four oidores (justices)
and a fiscal.
 exercised both administrative and judicial
functions.
 Became Audencia Territorial de Manila with two
branches, civil and criminal.
 Royal Decree issued July 24, 1861 converted it to a
purely judicial body wherein its decisions were
appealable to the Supreme Court of the Philippines
to the Court of Spain in Madrid.
 Suspended by General Wesley Merrit
o re-established the Audencia on May 29, 1899 by virtue
of General Order No. 20.
 Cayetano Arellano as the first Chief Justice
 Filipinization of the Supreme Court started only
during the Commonwealth, 1935.
 Administrative Code of 1917 provided for a
Supreme Court with a Chief Justice and eight
associate Justices, increased to 11 with two
divisions of five members each.
5

-
-
The 1973 Constitution further increased its
membership to 15 with two (2) divisions.
Supreme Court as per 1987 Constitution,
o Composed of a Chief Justice and fourteen Associate
Justices who shall serve until the age of seventy (70).
o The Court may sit En Banc or in its three (3) divisions
composed of five members each.
o A vacancy must be filled up by the President within
ninety (90) days of occurrences
o Article VIII, sec. 4 (2) explicitly provides for the cases that
must be heard En Banc
o sec. 4 (3) for cases that may be heard by divisions.
(Constitution, Art. VIII, sec. 4, par.1)
o Judiciary Reorganization Act of 1980 - transferred from
the Department of Justice to the Supreme Court the
administrative supervision of all courts and their
personnel as affirmed by Art. VIII, sec. 6 of the 1987
Constitution.
o Office of the Court Administrator (OCA) by PD No. 828,
as amended by PD No. 842, - supervision and
administration of the lower courts throughout the
Philippines and all their personnel. It reports and
recommends to the Supreme Court all actions that affect
the lower court management. The OCA is headed by the
Court Administrator, three (3) Deputy Court
Administrators and three (3) Assistant Court
Administrators.
The Supreme Court exercises the following powers:
1. cases affecting ambassadors, other public ministers and
consuls,
2. petitions for certiorari, prohibition, mandamus, quo
warranto, and habeas corpus.
3. Review, revise, reverse, modify, or affirm on appeal or
certiorari,
4. Appeal 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.
4. All criminal cases ion which the penalty imposed is
reclusion perpetua or higher.
5. All cases in which only an error or question of law is
involved.
6. Assign temporarily judges of lower court to other
stations as public interest may require. Such temporary
assignment shall not exceed six months without the
consent of the judge concerned.
7. Order a change of venue or place of trial to avoid a
miscarriage of justice
8. 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
underprivileged. Such rules shall provide a simplified and
inexpensive procedure for the speedy disposition of
cases, shall be uniform for all courts 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.
9. Appoint all officials and employees of the Judiciary in
accordance with the Civil Service Law (Sec. 5, id.).
Rule on the Writ of Amparo (A.M. No. 07-9-12-SC), approved
on September 25, 2007 and effective on October 24, 2007 remedy available to any person whose right to life, liberty
and security is violated or threatened with violation by an
unlawful act or omission of a public official or employee, or
of a private individual or entity. This writ shall cover
extrajudicial killing and enforced disappearances or threats
Rule on the Writ of Habeas Data (A.M. No. 08-1-16--SC),
approved on January 22, 2008 and effective February 2,
2008. - remedy available to any person whose right to
privacy in life, liberty or security is violated or threatened by
an unlawful act or omission of a public official or employee,
or any private individual or entity engaged in the gathering,
collecting or storing of data or information regarding the
person, family, home and correspondence of the aggrieved
party” (section 1).
Writ of Kalikasan, a resolution on Rules of Procedure for
Environmental Cases (A.M. No. 09-6-8-SC) was approved on
April 13, 2010 - covers civil and criminal actions involving the
enforcement or violations on the environment- designated to
try these cases are called “Green Courts.”
Judicial and Bar Council
Created by virtue of Art. VIII, sec. 8. under the supervision of
the Supreme Court.
Screen prospective appointees to any judicial post.
Composed of the Chief Justice as ex-officio Chairman, the
Secretary of Justice and representatives of Congress as exofficio members, a representative of the Integrated Bar, a
professor of law, a retired member of the Supreme Court and
a representative of the private sector as members.
The Philippine Judicial Academy (PHILJA)
“training school for justices, judge, court personnel, lawyers
and aspirants to judicial posts.”
Created by the Supreme Court on March 16, 1996 by virtue
of Administrative Order No. 35-96 and was institutionalized
on February 26, 1998 by virtue of Republic 8557.
The Philippine Mediation Center
By Resolution A.M. No. 01-10-5-SC-PHILJA, dated October 16,
2001,
Aims to decongest court dockets, among others, the Court
prescribed guidelines in institutionalizing and implementing
the mediation program in the Philippines.
Mandatory Continuing Legal Education Office
Implement the rules on Mandatory Continuing Legal
Education for members of the Integrated Bar of the
Philippines (B.M. No. 850 – “Mandatory Continuing Legal
Education (MCLE)).
Court of Appeals
Established by Commonwealth Act No. 3 (December 31,
1935), pursuant to the 1935 Constitution (Art VIII, sec. 1),
Originally composed of eleven justices with Justice Pedro
Concepcion as the first Presiding Justice.
Members: Republic Act No. 8246 to sixty-nine (69). With
Republic Act No. 8246, the Court of Appeals in Cebu, and
Cagayan de Oro were established.
6
-
Executive Order No. 33 and Republic Act No. 7902 provides
for the jurisdiction of the Court of Appeals as follows:
1. Original jurisdiction to issue writs of mandamus,
prohibition, certiorari habeas corpus, and quo warrant,
and auxiliary writs or processes, whether or not in aid of
its appellate jurisdiction
2. Exclusive original jurisdiction over actions for annulment
of judgment of Regional Trial Courts; and
3. Exclusive appellate jurisdiction over all final judgments,
decisions, resolutions, orders or awards of:
a. Regional Trial Courts
b. quasi-judicial agencies,
c. instrumentalities,
d. boards or commissions, 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.
Sandiganbayan
To maintain integrity, honesty and efficiency in the
bureaucracy and weed out misfits and undesirables in
government service (1973 Constitution (Art. XIII, sec. 5) and
1987 Constitution (Art. XI, sec. 4)).
Restructured by PD No. 1606 as amended by RA No. 8249.
Composed of a Presiding Justice and fourteen (14) Associate
Justices still in five Divisions of three (3) Justices each.
Court of Tax Appeals
Created by RA No. 1125 on June 16, 1954,
Review tax cases.
Same level as the Court of Appeals as per RA 9282.
Composed of six justices.
The Court of Tax Appeals has exclusive appellate jurisdiction
to review by appeal the following:
1. Decisions of the Commissioner of Internal Revenue in
cases tax cases
2. Decisions, orders or resolutions of the Regional Trial
Courts in local tax cases originally decided or resolved by
them in the exercise of their original or appellate
jurisdiction;
3. Decisions of the Commissioner of Customs in cases
involving liability for customs duties and matters arising
under the Customs Law or other laws administered by
the Bureau of Customs.
4. Decisions of the Central Board of Assessment Appeals
involving the assessment and taxation of real property
originally decided by the provincial or city board of
assessment appeals;
5. Decisions of the Secretary of Finance on customs cases
adverse to the Government under Section 2315 of the
Tariff and Customs Code;
6. Decisions of the Secretary of Agriculture in the case of
nonagricultural product, commodity or article, and the
Secretary of Agriculture in the case of agricultural
product, commodity or article, involving dumping and
countervailing duties under Section 301 and 302,
respectively, of the Tariff and Customs Code, and
safeguard measures under R.A. No. 8800, where either
party may appeal the decision to impose or not to
impose said duties.
Regional Trial Courts
Second level courts
divided into thirteen (13) judicial regions: National
Capital Region (Metro Manila) and the twelve (12)
regions of the country, which are divided into several
branches.
The Supreme Court designates certain branches of
regional trial courts as special courts to handle
exclusively criminal cases, juvenile and domestic
relations cases, agrarian cases, urban land reform cases
that do not fall under the jurisdiction of quasi-judicial
bodies.
The Regional Trial Courts’ jurisdictions are defined as
follows:
1. All civil actions in which the subject of the litigation
is incapable of pecuniary estimation;
2. All civil actions which involve property exceeds
twenty thousand pesos (P 20,000.00) or, civil actions
in Metro Manila, where such value exceeds Fifty
thousand pesos (P 50,000.00) except actions for
forcible entry into and unlawful detainer of lands or
buildings, original jurisdiction over which is
conferred upon the MeTCs, MTCs, and MCTCs;
3. All actions in admiralty and maritime jurisdiction
where the demand or claim exceeds one hundred
thousand pesos (P 100,000.00) or, in Metro Manila,
where such demand or claim exceeds two hundred
thousand pesos (P 200,000.00);
4. All matters of probate, both testate and intestate, where
the gross value of the estate exceeds One hundred
thousand pesos (P 100,000.00) or, in probate matters in
Metro Manila, where such gross value exceeds Two
hundred thousand pesos (P 200,000.00);
5. All actions involving the contract of marriage and
marital relations
6. All cases not within the exclusive jurisdiction of any
court, tribunal, person or body exercising judicial or
quasi-judicial functions;
7. 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 (P
100,000.00) or, in such other cases in Metro Manila,
where the demand, exclusive of the above-mentioned
items exceeds Two hundred pesos (P 200,000.00) (Sec.
19, Batas Pambansa Blg. 129, as amended by R.A No.
7691).
8. Original cases on 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
9. Actions affecting ambassadors and other public ministers
and consuls.
10. Exercise appellate jurisdiction over MeTCs, MTCCs,
MTCs, and MCTCs in their respective territorial
jurisdiction.
Metropolitan Trial Courts (MeTC), Municipal Trial Courts in
Cities (MTCC), Municipal Trial Courts (MTC) and Municipal
Circuit Trial Courts (MCTC) –
First level courts established in each city and municipality.
7
-
MeTCs, MTCCs, MTCs, and MCTCs shall exercise original
jurisdiction in Civil Cases as provided for in section 33 of
Batas Pambansa Blg. 129 is as follows:
1. Exclusive original jurisdiction over cases amount of the
demand does not exceed One hundred thousand pesos
(P 100,000.00) or, in Metro Manila (P 200,000.00),
2. Exclusive original jurisdiction over cases of forcible entry
and unlawful detainer:
3. writ of habeas corpus or applications for bail in criminal
cases in the province or city in the absence of the
Regional Trial Court Judges.
Shari’a Courts
These special courts were created by sec. 137 of
Presidential Decree No. 1083 or the Code of Muslim
Personal Laws.
Regional Trial Court Judge and should also be learned in
Islamic law and jurisprudence.
Subject to the administrative supervision of the Supreme
Court. Appointment of judges, qualifications, tenure,
and compensation are subject to the provisions of the
Muslim Code (Presidential Decree No. 1083. SDCs and
SCCs have the same officials and other personnel as
those provided by law for RTCs and MTCs, respectively.
Quasi-Courts or Quasi-Judicial Agencies
belonging to the Executive Department, but are
empowered by the Constitution or statutes to hear and
decide certain classes or categories of cases.
Empowered by the Constitution:
1. Civil Service Commission,
2. Commission on Elections
3. Commission on Audit.
Quasi-judicial agencies empowered by statutes are:
1. Office of the President.
2. Department of Agrarian Reform,
3. Securities and Exchange Commission,
4. National Labor Relations Commission,
5. National Telecommunication Commission,
6. Employees Compensation Commission,
7. Insurance Commission,
8. Construction Industry Arbitration Commission,
9. Philippine Atomic Energy Commission,
10. Social Security System, Government Service Insurance
System,
11. Bureau of Patents, Trademark and Technology,
12. National Conciliation Mediation Board,
13. Land Registration Authority,
14. Civil Aeronautics Board,
15. Central Board of Assessment Appeals,
16. National Electrification Administration,
17. Energy Regulatory Board,
18. Agricultural Inventions Board
19. Board of Investments.
Decisions of these quasi-courts can be appealed to the
Court of Appeals except those of the Constitutional
Commissions: Civil Service Commission, Commission on
Elections and the Commission on Audit, which can be
appealed by certiorari to the Supreme Court (Art. IX-A, sec.
7).
Other Judicial Procedures
1. Katarungang Pambarangay - Presidential Decree No.
1508, took effect December 11, 1978, and established a
system of amicably settling disputes at the barangay
2.
3.
4.
level, Rules and procedures by decree 1508 and the
Local Government Code, Title I, Chapter 7, sec. 339-422).
Aims to promote the speedy administration of justice by
easing the congestion of court dockets. The Court does
not take cognizance of cases filed if they are not filed
first with the Katarungang Pambarangay.
Alternative Dispute Resolution (ADR) System - Republic
Act No. 9285 - use of an alternative dispute resolution
system, promote the speedy and impartial
administration of justice and unclog the court dockets.
ADR system such as mediation, conciliation, arbitration
or any combination thereof.
Philippine Judicial Academy as the component unit of
the Supreme Court for court-referred or court-related
mediation cases and alternative dispute resolution
mechanism and establishing the Philippine Mediation
Center.
Muslin law provides its own arbitration Council called
The Agama Arbitration Council.
Constitutional Commissions
Civil Service Commission
o Act No. 5 (1900), reorganized as a Bureau in 1905 and
established in the 1935 Constitution as Civil Service
Commission (RA 2260)
Commission on Elections
o Created by a 1940 amendment to the 1935 Constitution
whose primary function is to manage to maintain its
authority and independence in the conduct of elections,
exercises administrative, quasi-judicial and judicial
powers.
o It was however decreased to seven with a term of seven
years without re-appointment by the 1987 Constitution.
Commission on Audit –
o Examine, audit and settle all accounts pertaining to the
revenue and receipts of and expenditures or uses of
funds and property owned or held in trust by or
pertaining to the Government including government
owned and controlled corporations with original
charters.
The Bangko Sentral ng Pilipinas (Central Bank) is considered
as a constitutional office in the official Philippine government
directory.
Local Governments
Article X of the 1987 Constitution provides for the territorial
and political subdivisions of the Philippines as follows:
province, cities, municipalities and barangays.
The 1991 Local Government Code or Republic Act No. 7160, as
amended by Republic Act No. 9009, provides the detail that
implements the provision of the Constitution.
Each territorial or political subdivision enjoys local autonomy
as defined in the Constitution. The President exercises
supervision over local Governments.
Each region is composed of several provinces
Province is composed of a cluster of municipalities and
component cities (Local Government Code, Title IV, Chapter 1,
sec. 459).
The Provincial government is composed of the governor,
vice-governor, members of the sangguniang panlalawigan and
other appointed officials.
The city - component or highly urbanized.
The city government is composed of the mayor, vice-mayor,
members of the sangguniang panlunsod (which is composed
of the president of the city chapter of the liga ng mga
8
-
-
-
-
-
-
barangay, president of the panlungsod ng mga pederasyon ng
mga sangguniang kabataan and the sectoral representatives)
and other appointed officials.
The municipality consists of a group of barangays
The municipal government is composed of the mayor, vicemayor, sangguniang members (which is composed of
president of the municipal chapter of the liga ng mga
barangay, president of the pambayang pederasyon ng mga
sangguniang kabataan and the sectoral representatives) and
other appointed officials.
The Barangay is the smallest local government unit which is
created, divided, merged, abolished or its boundary altered by
law or by an ordinance of the sangguniang panlalawigan or
sangguniang panlunsod, subject to the approval of majority
votes casts in a plebiscite conducted by the Comelec (Local
Government Code, Title I, Chapter 1, sec. 384-385)
The Philippines is divided into the following local government
units:
Region I (ILOCOS REGION)
Region II (CAGAYAN VALLEY)
Region III (CENTRAL LUZON)
Region IV (CALABARZON & MIMAROPA)
Region V (BICOL REGION)
Region VI (WESTERN VISAYAS)
Region VII (CENTRAL VISAYAS)
Region VIII (EASTERN VISAYAS)
Region IX (ZAMBOANGA PENINSULA)
Region X (NORTHERN MINDANAO)
Region XI (DAVAO REGION)
Region XII (SOCCSKSARGEN)
Region XIII (CARAGA)
Autonomous Region in Muslim Mindano (ARMM)
Cordillera Administrative Region (CAR)
National Capital Region (NCR)
The Caraga Administrative Region (Region III) was created by
Republic Act No. 7901, which was passed by both houses of
Congress and approved by the President on February 23,
1995.
The Autonomous Region in Muslim Mindanao was created by
Republic Act No. 6734 was passed by both houses of
Congress on February7, 2001
The Cordillera Autonomous Region was created by Republic
Act No. 6766, which was approved on October 23, 1989.
Other Government Agencies
1. Commission on Human Rights –
o for cases of violation of the human rights (Art. XIII,
sec. 17). Specific powers and duties are expressly
provided for by section 18 of the 1987
Constitution. It is composed of a Chairperson and
four (4) members
2. Office of the Ombudsman
o protectors of the people for they are tasked to act
promptly on complaints filed against public officials
or employees of the government including
government owned and controlled corporations
(Art. XI, sec. 12).
LEGAL SYSTEM
Nature of Legal System
unique legal system because it is a blend of civil law (Roman),
common law (Anglo-American), Muslim (Islamic) law and
indigenous law.
2 primary sources of the law:
1.
Statutes or statutory law - written enactment of the will
of the legislative branch of the government rendered
authentic by certain prescribed forms or solemnities are
more also known as enactment of congress. 2 types:
a. Constitution (enactment of the people not
legislative)
b. Legislative enactments.
2. Jurisprudence - or case law - is cases decided or written
opinion by courts and by persons performing judicial
functions. Only decisions of the House of
Representatives Electoral Tribunal are available in print
as House of Representatives Electoral Tribunal Reports,
volume 1 (January 28, 1988-October 3, 1990) to present.
For Muslim law, the primary sources of Shariah are
Quran, Sunnaqh, Ijma and Qiyas. Jainal D. Razul in his
book Commentaries and Jurisprudence on the Muslin
Law of the Philippines (1984) further stated there are
new sources of Muslim law, which some jurists rejected
such as Istihsan or juristic preference; Al-Masalih, Al
Mursalah or public interest; Istidlal (custom) and
Istishab. (deduction based on continuity or
permanence).
Legal Sources:
The legislature promulgates statutes, namely: Act,
Commonwealth Act, Republic Act, Batas Pambansa.
Executive promulgates presidential issuances (Presidential
Decrees, Executive Orders, Memorandum Circular,
Administrative Orders, Proclamations, etc.), rules and
regulations through its various departments, bureaus and
agencies.
The Judiciary promulgates judicial doctrines embodied in
decisions.
Presidential Decrees or law issued by President Ferdinand E.
Marcos during Martial Law and Executive Orders issued by
Aquino President Corazon C. Aquino before the opening
Congress in July 1987 can be classified as legislative acts,
there being no legislature during these two periods.
Classification of Legal Sources
a. Classification by Authority
1. Primary authority are those that contain actual law or
those that contain law created by government. Primary
Authority is the only authority that is binding on the
courts. Subdivisions:
a. Mandatory primary authority is law created by the
jurisdiction in which the law operates like the
Philippines;
b. Persuasive mandatory authority is law created by
other jurisdictions but which have persuasive value
to our courts e.g. Spanish and American laws and
jurisprudence as used when there are no
Philippine authorities available or when the
Philippine statute or jurisprudence
under
interpretation is based on either the Spanish or
American law;
2. Secondary authority or sources are commentaries or
books, treatise, writings, journal articles that explain,
discuss or comment on primary authorities, opinions of
the Department of Justice, Securities and Exchange
Commission or circulars of the Bangko Sentral ng
Pilipinas. These materials are not binding on courts but
they have persuasive effect and/or the degree of
persuasiveness. With regards to commentaries or
books, treatise, writings, journal articles, the reputation
or expertise of the author is a consideration.
9
b.
-
-
Chief Justice Ramon C. Aquino and Justice Carolina Grino
Aquino on Revised Penal Code or Criminal Law,
Senator Arturo M. Tolentino on Civil law,
Chief Justice Enrique M. Fernando and Fr. Joaquin Bernas
on Constitutional Law,
Prof. Perfecto Fernandez on Labor Law,
Vicente Francisco, Chief Justice Manuel Moran on
Remedial Law,
Justice Vicente Abad Santos and Senator Jovito Salonga
on International Law, etc.
Classification by Source
1. Primary sources are those published by the issuing
agency itself or the official repository, the Official
Gazette. The Official Gazette online was launched by the
Office of the President in July 2010.
a. Supreme Court decisions, the primary sources are:
the Philippine Reports - revived by then Chief
Justice Enrique M. Fernando
the individually mimeographed Advance
Supreme Court decisions - the Supreme Court ELibrary is complete and updated as soon as the
decisions have been certified by the Chief
Justice.
Official Gazette.
2. The Secondary Sources are the unofficial sources and
generally referred to as those commercially published or
those that are not published by government agencies or
instrumentalities. Examples:
Vital Legal Documents, - (Central) contains a
compilation of Presidential Decrees (1973),
Republic Acts.
Prof. Sulpicio Guevara published three books,
which contain s the full text of legislative
enactments or laws namely: a). Public Laws
Annotated (7 vols.), compilation of all laws from
1901 to 1935, b). Commonwealth Acts
Annotated (3vos.), compilation of laws from
1935-1945 c). The Laws of the First Philippine
Republic (The Laws of Malolos) 1898-1899.
For the Supreme Court decisions, Supreme
Court Reports Annotated (SCRA), (Central Book
Supply)
The general rule is that in the absence of a primary source,
the secondary source may be cited.
Reasons for electronic sources:
a) no complete and updated legal information available;
b) the search engines utilizing the electronic or digitized
method facilitate research
c) no complete and update manually published search tools
for statute and case law.
Types of Online access:
a. Open access for law is used for both the government
and the private sector. The Chan Robles Law Firm
Library and Arellano Law Foundation Lawphil use open
access in their electronic libraries, which contains the
full-text of all sources of Philippine legal information,
case law and statute law. Official Gazette online,
launched in July 2010. It contains the issuances of all
the executive departments, which are found also in the
websites of the different executive departments. They
aim (as reflected in their website) to include the
issuances of the legislative and the judiciary. The
Supreme Court E-Library is an electronic library (online
and CD rom for decisions updated quarterly) for all
Philippine legal information, case law and statute law.
b.
-
-
c.
Subscription basis – Subscription may be made solely
for court decisions or statutes or for both. CD Asia
online contains full-text of Supreme Court decisions
and statutes, available on a subscription basis.
There are two other sources for electronic full-text decisions
of the Philippine Supreme Court: 1) Fluxfun Larc and Central
Books’ eSCRA . Both can be accessed online with the use of
desktops, laptops, notebooks, and ipads. Fluxfun Larc is on
open access while eSCRA is for subscription.
The established policy is that in case of conflict between the
printed and electronic sources, the printed version coming
from the issuing government agency prevails.
Classification by Character - refers to the nature of the
subject treated in books.
1. Statute Law Books,
2. Case Law Books or Law Reports
3. a combination of both
4. “Law Finders.” - refer to indexes, citators, encyclopedias,
legal dictionaries, thesauri or digests. Federico Moreno’s
Philippine Law Dictionary, the only available Philippine
law dictionary was last published in 1988, and, Jose
Agaton Sibal’s Philippine Legal Thesaurus, which is
likewise considered a dictionary, was published in 1986.
Foreign law dictionaries like Blacks’ Law Dictionary,
Words and Phrases are used as alternate.
PHILIPPINE LEGAL RESEARCH
Definitions:
Statute law
o Statute laws are the rules and regulations promulgated
by competent authorities; enactments of legislative
bodies (national or local) or they may be rules and
regulations of administrative (departments or bureau)
or judicial agencies. The deliberations of these laws
must be consulted.
Constitution
o The Constitutional Convention proceedings provide for
the intent and background of each provision of the
Constitution.
o Sources for the 1934-1935 Constitutional Convention
are: 10 volumes of the Constitutional Convention
Record by the House of Representatives (1966),
Salvador Laurel's seven volumes book entitled
Proceedings of the Constitutional Convention (1966); 6
volumes of the
Philippine Constitution, Origins,
Making, Meaning and Application by the Philippine
Lawyers Association with Jose Aruego as one of its
editors (1970) and Journal of the Constitutional
convention of the Philippines by Vicente Francisco.
o Proceedings of the 1973 Constitutional Convention
were never published. A photocopy and softcopy of the
complete compilation is available at the Filipiniana
Reading Room of the National Library of the Philippines.
o Journals (3 volumes) and Records (5 volumes) of the
Constitutional Convention of 1986 were published by
the Constitutional Commission. This publication does
not have an index. This problem was remedied when
CD Technologies Asia Inc. came out with a CD-ROM
version, which facilitated research for it has a search
engine. The proceedings and text of the 1935, 1973 and
1987 Constitutions will be available at the Supreme
Court E-Library.
10
o
-
-
-
Commentaries or interpretations on the constitution,
decisions of the Supreme Court and other courts,
textbooks or treaties, periodical articles of the different
Constitution are available. (See. Legal Bibliography on
page 34)
Treaties and other International Agreements
o A treaty is an agreement or a contract between two
(bilateral) or more (multilateral) nations or sovereigns,
entered into by agents appointed (generally the
Secretary of Foreign Affairs or ambassadors) for the
purpose and duly sanctioned by supreme powers of the
respective countries.
o The official text of treaties is published in the Official
Gazette, Department of Foreign Affairs Treaty Series
(DFATS), United Nations Treaty Series (UNTS) or the
University of the Philippines Law Center's Philippine
Treaty Series (PTS).
o To locate the latest treaties, there are two possible
sources: Department of Foreign Affairs and the Senate
of the Philippines.
o There is no complete repository of all treaties entered
into by the Philippines. The DFATS was last published in
the 1970s while the PTS's last volume, vol. 8 contains
treaties entered into until 1981.With the UN Treaty
Series, which used to be available only in UN
depository libraries in the country and its United Nation
Information Center in Makati in now available online
through the United Nations website. Electronically,
major law libraries use the Treaties and International
Agreements Researchers Archives (TIARA), WESTLAW,
LEXIS, other online sources via the Internet.
o A formal Memorandum of Agreement (MOA) between
the Supreme Court and the Department of Foreign
Affairs was signed at the Supreme Court for the
digitization of full-text of all the treaties entered into
by the Philippines from 1946-2010. The MOA provided
that the Department of Foreign Affairs will supply the
official treaties and the Supreme Court Library Services
will produce the CD Rom version with search engine of
the treaties. CD-ROM containing all these treaties
was launched last June 2010 at the Department of
Foreign Affairs. Online version is found in the Supreme
Court E-Library . Also launched last June 2010 was the
Philippine Treaties Index 1946-2010 by the Foreign
Service Institute.
o For tax treaties, Eustaquio Ordoño has published a
series on the Philippine tax treaties. Other sources of
important treaties are appended in books on the
subject or law journals such as the American Journal of
International Law or the Philippine Yearbook of
International Law.
Statutes Proper (Legislative Enactments)
o Statutes are enactments of the different legislative
bodies since 1900 broken down as follows:
4,275 ACTS - Enactments from 1900-1935
733 Commonwealth Acts - Enactments from 1935-1945
2034 Presidential Decrees - Enactments from 19721985
884 Batas Pambansa. – Enactments from 1979-1985
10157 Republic Acts - Enactments from 1946-1972,
1987- January 2012
Codes
Child and Youth Welfare Code
Civil Code
Comprehensive Agrarian Reform Code
Coconut Industry Code
Code of Commerce
Cooperative Code
Corporation Code
Family Code
Fire Code
Forest Reform Code
Intellectual Property Code
Labor Code
Land Transportation and Traffic Code
Local Government Code
Muslim Code of Personal Laws
National Building Code
National Code of Marketing of Breast-milk Substitutes and
Supplements
National Internal Revenue Code
Omnibus Election Code
Philippine Environment Code
Revised Administrative Code
Revised Penal Code
Sanitation Code
State Auditing Code
Tariff and Customs Code
Water Code
-
-
-
Executive Orders
o Administrative acts, orders and regulations of the
President touching on the organization or mode of
operation of the government, re-arranging or adjusting
districts, divisions or parts of the Philippines, and acts
and commands governing the general performance of
duties of public officials and employees or disposing of
issues of general concern
Executive Proclamation
o Those orders fixing the dates when specific laws,
resolutions or orders cease to take effect and any
information concerning matters of public moment
determined by law, resolution or executive orders
Administrative Rules and regulations
o Orders, rules and regulations issued by the heads of
Departments, Bureau and other agencies of the
government for the effective enforcement of laws within
their jurisdiction. However, in order that such rules and
regulations may be valid, they must be within the
authorized limits and jurisdiction of the office issuing
them and in accordance with the provisions of the law
authorizing their issuance.
o Mandatory to file three (3) certified copies of their
orders, rules and regulations with the University of the
Philippines Law Center's Office of National
Administrative Register and are required to publish
quarterly in a publication called National Administrative
Register. Aside from the printed copies, the National
Administrative Register is available electronically on CDROM (CD Asia Technologies Inc.) and online at the
Supreme Court E-Library.
o University of the Philippines Law Center’s Office of
National Administrative Register is not only tasked to
publish this quarterly register but must keep an up-todate codification of all rules thus published and
remaining in effect together with a complete index and
appropriate tables. Every rule establishing an offense or
defining an act, which pursuant to law is punishable as a
crime or subject to a penalty, shall in all cases be
11
-
-
-
published in full text.
Exceptions to the “filing
requirement" are Congress, Judiciary, Constitutional
Commission, military establishments in all matters
relative to Armed Forces personnel, the Board of
Pardons and Parole and state universities and colleges.
Case Law or Judicial decisions
o Interpretations or manifestation of law made by persons
and agencies of the government performing judicial and
quasi-judicial functions. At the apex of the Philippine
Judicial System is the Supreme Court, or what is referred
to as court of last resort.
o Conventional decisions are decisions or rulings made by
regularly constituted court of justice.
o Subordinate decisions are those made by administrative
agencies performing quasi-judicial functions.
o The Judicial Reform Program of the Supreme Court with
the establishment of the Supreme Court E-Library aims
to address this problem and also those from statute law.
The decisions of the Supreme Court, Court of Appeals,
Sandiganban and the Court of Tax Appeals will be made
available in the Supreme Court E-Library.
o The Reporters Office of the Supreme Court and the Court
of Appeals keep all the original and complete copies of
the court decisions. For the rest of the members of the
Judiciary or the quasi-judicial agencies, copies of their
decisions may be taken from the Legal Office, Office of
the Clerks of Court or their libraries.
Supreme Court Decisions
o Decisions of the Supreme Court bind the lower courts
and are a source of law, the law of the land. It is the
judgment of this court which determines whether a law
is constitutional or not. Unconstitutional laws even
though it is signed by the President and passed by both
house of congress cannot take effect in the Philippines.
o Decisions of the Supreme Court are classified as follows:
 Regular decisions" and extended Resolutions are
published in court reports either in primary or
secondary sources. These decisions provide the
justice who penned the decision or ponente and the
other justices responsible for promulgating the
decision, whether En Banc or by Division.
 Separate dissenting and/or concurring opinions are
likewise published with the main decision. These
regular and extended resolutions are available
electronically in the Supreme Court E-Library under
Decisions.
o Unsigned Minute Resolutions are not published.
Although they bear the same force and effect as the
regular decisions or extended resolutions, they are
signed and issued by the respective Clerks of Court En
Banc or by either of the three (3) Divisions. Since these
Minutes Resolutions are not published, the Supreme
Court has now incorporated these Minute Resolutions,
more particularly those that resolve a motion for
reconsideration or those that explain or affirm a
decision; and (2) Administrative Matters in the Supreme
Court E-Library, under RESOLUTIONS.
Court of Appeals decisions
o Decisions of the Court of Appeals are merely persuasive
on lower courts.
Researching:
1. Proclamations, Administrative Orders, Executive Orders
and Memorandum Orders & Circulars of the President,
2.
3.
4.
5.
6.
the year it was promulgated is a must, or if no year is
available, the President issuing it must be stated.
Administrative rules and regulations have been
facilitated due to the two developments: a) government
agencies, including government owned and controlled
corporations, have their own websites and at the Official
Gazette and Official Gazette online where they include
the full-text of their issuances, and b) the National
Administrative Register, which is available in print, CDRom and in the Supreme Court website. In handling
these types of materials, there are two important items
needed: a.) Issuing Agency and b.) Year it was
promulgated.
Statues - no up-to-date or complete Statutes finders.
Those published are listed in the Philippine Legal
Information Resources and Citations (part II of the 2009
Update). As previously stated, to facilitate legal research,
one has to go online to virtual libraries such as the
Supreme Court E-Library, Chan Robles Virtual Law
Library, Arellano Law Foundation’s The Lawphil Project,
and CD Asia Technologies or the different databases in
CD ROM such as those of CD Asia Technologies Asia
Inc.,
Case laws and Supreme Court Decisions (Annex 1)
Court of Appeals Decisions (Annex 2)
Decisions of Special Courts
a. Sandiganbayan and the Court of Tax Appeals do not
have published decisions. The Sandiganbayan has
only one volume published; Sandiganbayan Reports
vol. 1 covers decisions promulgated from December
1979 to 1980. Sandiganbayan decisions are now
being complete online starting from the latest to its
first decision.
b. Court of Tax Appeals decisions from 1980 to 2004
are found in the Lex Libris particularly in Taxation CD
ROM. Court of Tax decisions are now being
complete online starting from the latest to its first
decision
c. Decisions of Administrative Agencies, Commissions
and Boards. Laws have been promulgated which
grants some administrative agencies to perform
quasi-judicial functions distinct from their regular
administrative or regulatory functions where rules
and regulations are promulgated. The Securities
Regulations Code (Republic Act No. 8799) signed by
President Joseph E. Estrada on July 19, 2000 affects
Securities and Exchange Commission's (SEC) quasijudicial functions. The other agencies performing
said functions are National Labor Relations
Commission (NLRC), Insurance Commission, Housing
and Land Use Regulatory Board (HLURB),
Government Service Insurance System (GSIS), Social
Security System (SSS) and even the Civil Service
Commission (CSC). Some of their decisions are
published in the Official Gazette. Some have their
own publication such as the SEC and the CSC or
some include them in their own websites. CD Asia
Technologies’ Lex Libris series has individual CD
ROMs for the Department of Justice, Securities and
Exchange Commission, Bangko Sentral ng Pilipinas
(Central Bank of the Philippines), and the Bureau of
Internal Revenue. Included in these individual CD
ROMs are the pertinent laws, their respective
issuances as well as Supreme Court decisions. It CD
ROM on Labor (vol. VII) incorporated issuances from
12
the Department of Labor and Employment and its
affiliated agencies and offices.
The Trade,
Commerce and Industry CD ROM includes Supreme
Court decisions, laws and issuances of its various
agencies such as the Department of Trade and
Industry, Board of Investments, Bureau of Customs,
Bangko Sentral and the Philippine Stock Exchange.
Annex 1 - Case laws and Supreme Court Decisions:
-
-
-
-
-
The Official Gazette and Philippine Reports are the official
repositories of decisions and extended resolutions of the
Supreme Court.
Official Gazette selectively publishes Supreme Court
decisions
Philippine Reports contains all decisions of the Supreme
Court except minute resolutions.
1901 until 1960, there were unpublished decisions of the
Supreme Court.
A list of these unpublished decisions is in the Supreme Court
E-Library, Project COMPUSDEC, under JURISPRUDENCE.
The early volumes, particularly those before the war were
originally published in Spanish in the Jurisprudencia Filipina.
They were translated in English to become the Philippine
Reports.
The Philippine Reports until volume 126 (1960's) was
published by the Bureau of Printing, now called the National
Printing Office. Printing was transferred to the Supreme
Court in the 1980s due to the need for a complete official
publication of the Court’s decision. The Supreme Court’s
Philippine Reports started with volume 127.
The most popular secondary source is the Supreme Court
Reports Annotated (SCRA) and eSCRA and the Lex Libris
Jurisprudence CD ROM and CD Asia Online . Both are on a
subscription basis. A new open access, Fluxfun Larc is
gaining popularity in view to its unique and user friendly
access capability. Flux Fun and eScra can both be accessed
online with the use of desktops, laptops, notebooks, and
ipads.
How can we search for Supreme Court decisions manually?
a. Topic or Subject Approach:
 Philippine Digest
 Republic of the Philippine Digest
 Velayo's digest
 Magsino's Compendium
 Supreme Court's unpublished Subject Index
 Martinez's Summary of Supreme Court rulings
1984 to 1997
 UP Law Center's Supreme Court decisions: subject
index and digest's
 SC's Case Digest's
 Philippine Law and Jurisprudence
 Castigador’s Citations
 SCRA Quick Index Digest
 Lex Libris Jurisprudence
b. Title Approach or Title of the Approach: (Please See
Complete title of the publication from the Philippine
Legal Bibliography chapter)
 Philippine Digest - Case Index
 Republic of the Philippines Digest
 Ong, M. Title Index to SC decisions 1946-1978 2v.;
1978-1981 1st Suppl; 1981-1985, 2nd Suppl; 1986
to present is unpublished but available at the SC Lib
 Ateneo's Index & Aquirre's Index
 Lex Libris Jurisprudence/Template search
Annex 2 - Sources of Court of Appeals decisions are:
a. Text:
 Court of Appeals decisions are now being complete
online starting from the latest to 1936.
 Official Gazette (selective publication)
 Court of Appeals Reports which was published by
the Court of Appeals until 1980. Even this
publication is not a complete compilation. It is still
considered selective for not all CA decisions are
published.
 Court of Appeals Reports (CAR) by Central Book
Supply. One volume was published
 Philippine Law and Jurisprudence
 Reports Office of the Court of Appeals
b. Subject or Topic Approach:
 Velayo's Digest;
 Moreno's Philippine Law dictionary
Legal Profession and Legal Education
The Constitution (sec.5) vests the Supreme Court with the
power of admission to the practice of law and to admit to the
legal profession through a Bar Examination Committee.
Admission to Bar: Every applicant for the admission must be
a Filipino citizen and at least 21 years of age. As to the
academic requirements, he should have finished a four year
pre-law course and a four year law degree.
The lists of lawyers who are allowed to practice are found in
the Rolls of Attorneys of the Supreme Court and the
publication of the Court entitled, Law List.
Special Bar Exams for Shari’a Court lawyers is provided for by
virtue of the Court En Banc Resolution dated September 20,
1983. The exam is given every two years. Although the exam
is conducted by the Supreme Court Bar Office, it is the Office
of Muslim Affairs who certifies as to who are qualified to take
the exam.
Republic Act No. 7662, approved on December 23, 1993,
provided for reforms in legal education and created a Legal
Education Board. The Board shall be composed of a
Chairman who shall preferably be a former justice of the
Supreme Court of Court of Appeals and regular members
composed of: a representative of each of the following:
Integrated Bar of the Philippines (IBP), Philippine Association
of Law Schools (PALS), Philippine Association of Law
Professors (PALP), ranks of active law practitioners and law
students’ sector. The reforms in the legal education system
envisioned by Republic Act No. 7662 will require proper
selection of law students, maintain the quality of law schools
and require legal apprenticeship and continuing legal
education.
All attorneys whose names are in the Rolls of Attorneys of
the Supreme Court who have qualified for and have passed
the bar examinations conducted annually, taken the
attorney’s oath, unless otherwise disbarred must be a
member of the Integrated Bar of the Philippines.
Bar Matter No. 850 was promulgated by the Resolution of
the Supreme Court En Banc on August 22, 2000, as amended
on October 2, 2001, providing for the rules on Mandatory
Continuing Legal Education (MCLE) for Active Members of
the Integrated Bar of the Philippines (IBP).
The members of the IBP have to complete every three (3)
years at least thirty six (36) hours of continuing legal activities
approved by the MCLE Committee. An IBP member who fails
to comply with the said requirement shall pay a non-
13
-
-
compliance fee and shall be listed as a delinquent member of
the IBP.
A Mandatory Continuing Legal Education Office to implement
said MCLE was established by the Supreme Court by virtue of
SC Administrative Order No. 113-2003
The following educational Association and/or Organizations:
 Philippine Association of Law Deans
 Philippine Association of Law Professors
 Philippine Association of Law Students
Bar Associations
Integrated Bar of the Philippines - The official organization
for the legal profession is the Integrated Bar of the
Philippines (IBP), established by virtue of Republic Act No.
6397. This confirmed the power of the Supreme Court to
adopt rules for the integration of the Philippine Bar.
Presidential Decree 181 (1973) constituted the IBP into a
corporate body.
Philippine Bar Association is the oldest voluntary national
organization of lawyers in the Philippines which traces its
roots to the Colegio de Abogados de Filipinas organized on
April 8, 1891. It was formally incorporated as a direct
successor of the Colegio de Abogados de Filipinas on March
27, 1958. The other voluntary bar associations are the
Philippine Lawyers Association, Trial Lawyers Association of
the Philippines, Vanguard of the Philippine Constitution,
PHILCONSA, All Asia Association, Catholic Lawyers Guild of
the Philippines, Society of International Law, WILOCI, Women
Lawyers Association of the Philippines (WLAP), FIDA. The
Philippines is also a member of international law associations
such as the ASEAN Law Association, and LAWASIA.
Philippine Legal System
Electronic resources are the answer to:
a. The need for complete and up-to-date (or the latest) legal
information. Publishing or printing of books in the Philippines
takes time. The primary sources for laws and jurisprudence
(case law) are published by the Philippines’ National Printing
Office. The Official Gazette is published by the National
Printing Office, which makes it as a primary source.
b. Lack of the complete and up-to-date research tool (indexes,
citatory, digest) for both laws and jurisprudence.
c. Laws and jurisprudence in force in the early 1900s and are still
considered as good law are already too fragile. Publishing
books in electronic form has started.
A. Books and other published materials
a. Reference Materials:
- Agabin, Pacifico A. Mestizo; the Story of the Philippines
Legal System
1. Dictionaries
- Moreno, Federico. Law Dictionary. Manila: Rex Book
Store (2000)
- Khan, Ismael. Everybody’s Dictionary of Philippine
Law. Manila: C & E (2007)
- Lee, German. Handbook of Legal Maxims. 2nd ed.
Q.C.: Central Book Supply (1998) 215p.
2. Form Books
- Altavas, E. Real Estate Conveyancing and Other Legal
Forms (1950)
- Duque. Philippine Legal Forms Plus. Q.C.: Central
Book Supply (2009)
Suarez. Legal Forms. Manila: Rex Book Store (2007)
314p.
3. Statutory Law:
a. Statutory Law Books – Compilation
- Public Laws Passed by the Philippine
Commission. Manila: Bureau of Printing, (19031908). 6 vols
- Official Gazette. Manila: Government Printing
Office (National Printing Office). volume 1 to
present (1901- present) weekly online
- Laws and Resolutions.
Q.C.:
House of
Representatives (1987-Present). vol.1-presrent
- Congress of the Republic of the Philippines.
Manila: Bureau of Printing (1951).
- Laws and Resolutions of the Republic of the
Philippines. Manila: Bureau of Printing (1955).
27v.
b. Statute Finder (Index)
- Batasang Pambansa Library Service. Subject
Index to Presidential Decrees Nos. 1-2036. Q.C.:
Batasang Pambansa (1985)
- House of Representatives. Index Guide for
Executive Order Nos. 1-302.
Q.C.: House of
Representatives (1989)
- House of Representatives. Subject Index to
Compendium of Philippine Laws. Q.C.: House of
Representatives (1989). Vol.3
- Supreme Court Library Services. Subject Index to
the Official Gazette, 1945-1985.
Manila:
Supreme Court of the Philippines (1993) 2vols
- Philippine Annotated Laws. Manila: Lawyers
Cooperative Pub. V
c. Administrative Rules and Regulations
- National Administrative Register - Quarterly
publication of all governmental and department
orders, rules and regulations filed with the UP
Law Center pursuant to 1987 Administrative
Code (Executive Order No. 292)
- Official Gazette. Q.C.: National Printing Office
(weekly) Online
- Philippine Law Journals such as Ateneo Law
Journal, Court Systems Journal, Lawyers Review,
Philippine Law Journal, etc.
- Bulletin and/or Newsletter of the Administrative
Agency and Instrumentality is the latest source of
administrative regulations.
d. International Treaties
- Philippine Treaty Series. Q.C.: U.P. Law Center.
(1946- ) v.1
- Supreme Court E-Library (1948-2007) and CD
Rom
- Malaya, Eduardo. Philippine Treaties Index,
1946-2010. Q.C.: Central Book Supply (2010)
4. Case Law/Jurisprudence
a. Case/Court Reports
- Court of Tax Appeals decisions online
- Philippine Laws and Jurisprudence. Manila:
Current Events Digest, Inc. (1980) v.1-10
- Court of Tax Appeals decisions online
- Philippine Reports Annotated Edited by Vicente J.
Francisco. Manila: East Pub. Co. (1933) 29v
- Philippine Laws and Jurisprudence. Manila:
Current Events Digest, Inc. (1980) v.1-10
b. Case Finders (Digest and Index, etc.)
- Gorospe, Rene B. Index to SCRA Annotation.
Q.C.: UP Law Center (1994)
14
- Office of the Reporter’s Case Index. Manila:
Supreme court January 2009
- Santos-Ong, Milagros. Title Index to Supreme
Court Decisions, 1945-1978. Q.C.: UP Law Center
(1981) 2v
- Sibal, Jose Agaton. Velayo’s Digest General Index.
Q.C.: Central Book Supply (1980) 2v.
- Gupit, Fortunato, Jr. Supreme Court Doctrines.
Manila: Rex Book Store (1975-1977) 3v.
5. Treatise/Annotations/Commentaries
a. Civil Law
- Santiago, Miriam. Civil Code Annotated. Q.C.:
Central Book Supply, Inc. (2000) 1457p.
- Vitug, Jose. Civil Law. Manila: Rex Book Store,
Inc. (2006) 4v
- Sison, Carmelo. Civil Code Reader. Q.C.: UP Law
Center (2005) 768p.
Agency
- Francisco, Vicente J. Agency. Manila: East
Publication (1952) 398p.
- Padilla, Ambrosio. Agency: Text and Cases.
Manila: National Book Store (1986) 223p
Conflicts of Laws
- Diy, Alicia. Handbook on Conflict of Law (2004)
- Paras, Edgardo. Philippine Conflict of Laws. 8th
ed. Manila: Rex Book Store (1996) 450p.
- Salonga, Jovito. Private International Law.
Manila: Rex Book Store, Inc. (1995) 570p.
Credit Transactions
- Lat, Igmidio. Law on Mortgage. 1st ed. Q.C.:
Central Books Supply
- De Leon, Hector. Comments and Cases on Credit
Transactions. Manila: Rex Book Store, (2010)
- Rodriguez,
Rufus.
Credit
Transactions.
Q.C.:Central Book Professional Books Inc. (2002)
Lands Titles and Deeds
- Aguilar, Narciso. Land Titles and Deeds. Q.C.:
Central Book Supply (2005) 619p
- Bilog, Gregorio. Land Titles and Deeds. Manila:
Rex Book Store (2005) 634p
Obligations and Contracts
- Agpalo, Ruben. Obligations and Contracts.
Manila: Rex Book Store (2008) 512p
- Alconera. Obligations and Contracts.
Q.C.:
Central Books Supply
- Torres, Justo.
Obligations and Contracts.
Manila: Rex Book Store (2003) 355p.
Partnership
- Nolledo, Jose. Partnership Law and Agency Law
Explained (1988)
- Pineda, Ernesto. Partnership, Agency and Trusts.
Q.C.: Central Book Supply (2006)
- Torres, Justo. Law on Business Organization.
Manila: Rex Book Store (2000) 367p
Persons and Family Relations
- Albano. Ed Vincent. Family Code of the
Philippines. 2nd ed. Manila: Rex Book Store,
(2001) 654p
- Pineda, Ernesto. Legal Separation. Q.C.: Central
Books Supply (1994) 140p
- Reyes. Rules on Guardianship of Minors (2003)
Muslims and Personal Laws
- Alauya, Saaduddin A. Muslim Inheritance Law.
3rd ed. Manila: Rex Book Store (2005) 209p
b.
c.
d.
e.
f.
g.
- Majul, Cesar Adib. The General Nature of Islamic
Law and Its Application in the Philippines. (1976)
Property
- Rabuya, Elmer. Property. Manila: Rex Book Store,
Inc. (2008)
- Pineda, Ernesto. Law on Property. Q.C.: Central
Book Supply (2009) 765p
- Rodriguez, Rufus. The Law on Property. Manila:
Rex Book Store (1986) 363p
Sales
- Baviera, Araceli. Sales. Q.C.: U.P. Law Complex
(2005) 222p
- Villanueva, Cesar. Law on Sales. Manila: Rex
Book Store (2009)
- De Leon, Hector. Law on Insurance and Sales. 6th
ed. Manila: Rex Book Store ( (2011)
Succession
- De, Leon Hector. Comments and Cases on
Succession. Manila: Rex Book Store (2012)
- Nolledo, Jose. Inheritance Law in the Philippines.
Manila: Rex Book Store (1996) 523p
- Pineda, Ernesto. Succession & Prescription. Q.C.:
Central Books Supply (2009)
Torts and Damages
- Aquino., Timoteo. Torts and Damages. Manila:
Rex Book Store (2005) 947p
- Ulep, Mariano. MCQ Bar Reviewer in Public
Corporations.. Q.C.: Central Book Supply (2011)
- Suarez, Rolando. Torts and Damages. Manila: Rex
Book Store ( (2011)
Commercial Law
- Catindig, Tristan. Notes and Cases on Commercial
Law (2003)
- Negolitable Instruments Law. Manila: National
Book Store (1995) 310p
- Vitug, Jose.Commercial Law and Jurisprudence.
Manila: Rex Book Store (2006)2v
Criminal Law
- Campanilla, M. Special Penal Laws. Manila: Rex
Book Store (2010) 4vols
- Garcia, L. Practitioners Guide in Probation Law.
Manila: Rex Book Store (2009)
- Kapunan, Ruperto. Criminal Law; Book 1. Manila:
Rex Book Store (1998) 245p
Environmental Law
- Oposa, Antonio. The Laws of Nature and Other
Stories.
Muntinlupa City: Law of Nature
Foundation (2003) 504p
Labor Law
- Abad, Antonio. The Law on Labor Standards.
Manila: Rex Book Store (2008) 241p
- Azucena, Cesario Alvero Jr. Essential Labor Law .
Manila: Rex Book Store (2002) 768p
- Amador, Vicente. Law on Strikes. Q.C.: Central
Books Supply (1999) 357p
Legal Ethics and Judicial Ethics
- Apostol, Sergio. Essentials of Judicial & Ethics.
Q.C.: Central Book Supply (2002)
- Aquino, David. Introduction to Law. Q.C.: Central
Book Supply (2011) 269p
- Cosico. Book on Legal and Judicial Ethics. Manila:
Rex Book Store (2011)
Legal Medicine
- Ng, Peter. Forensic Science. Q.C.: Central Book
Supply (2007)
15
B.
- Solis, Pedro. Legal Medicine. Q.C.: R.P. Garcia
(1987) 778p
- Maligaya, Renato. Legal Medicine. Manila: Rex
Book Store (2007) 647p
h. Legal Philosophy
- Santiago, Miriam. Political Philosophy (2003)
- Rodriguez, Rufus. Introduction to Law. Manila:
Rex Book Store, Inc. (2001) 193p
- Pascual, Crisolito.
Introduction to Legal
Philosophy. Q.C.: UP Law Center (1997) 572p
i. Legal Research and Writing
- Rodriguez, Rufus. Legal Research. Manila: Rex
Book Store (2002) 234p
- Santos-Ong, Milagros. Philippine Legal Research.
Q.C.: Central Book Supply (2007)
- Waga. Handbook on Contract Drafting. Manila:
Rex Book Store (2002)
j. Political Law
- Cruz, Isagani. Constitutional Law. Q.C.: Central
Book Supply (2007) 503p
- Santiago, Miriam. Constitution Annotated. Q.C.:
Central Book Supply (1999) 778p
- Santiago, Miriam. Politics and Governance with
Philippine Constitution. Q.C.: Central Book
Supply (2002) 282p
k. Remedial Law
- Affairs Service of the PNP Annotated. Q.C.:
Central Book Supply (2007). 151p
- Martin, Ruperto. Rules of Court.
Manila:
Premium Pub. (1981-1989) 6 vols
- Paras, Edgardo. Rules of Court. Manila: Rex Book
Store (1991-1992) . 5 v
6. Trial Technique and Practice
- Aquino, Hilarion. Aspects of Jurisdiction (2003)
- Bellosillo, Josue. Effective of Pre-Trial (1991)
- Garcia, Rufino. Practitioners Guide on Probation
(2005)
7. Statutory Construction
- Agpalo, Ruben. Statutory Construction. Manila: Rex
Book Store (2009)
- Gonzaga, Luis. Statutes and Their Construction
(1969)
- Suarez, Rolando. Statutory Construction. Manila:
Rex Book Store (2007) 233p
8. Taxation
- Aquino, David. The Tax Navigator: A Casebook.
Q.C.: Central Book Supply (2006) 130p
- Dimaampao, Japar. Basic Approach of Taxation.
Manila: Rex Book Store (2011)
- Mamalateo, Victorino. Philippine Tax Treaties.
Manila: Rex Book Store (2010)
Electronic Sources
1. Philippine On-Line Sources
a. Supreme Court E-Library - aims to be the primary
research tool in the speedy delivery of justice. It
includes all the sources of law, and all Philippine
legal materials digitized from primary sources
b. Law offices -Chan Robles Law Firm Virtual Law
Library and Jaromay, Laurente Law Office On Line
Library
c. Law Schools - Arellano Law Foundation
d. Open Source/Private - http://www.gov.ph/,
www.chanrobles.com,http://www.fluxfun.com/legal
-archive-lark/,Downloads like LAW JUAN
e.
2.
3.
Commercial
By
Subscription
eSCRA,
www.cdasiaonline.com
CD-ROMS
a. !e-library! A Century & 4 Years of Philippine
Supreme Court Decisions 1901- April 2004
b. CD Asia Technologies Inc - LEX LIBRIS series of legal
publications on CD-ROM currently has eleven
volumes
Philippine Legal Publisher
a. Institutional Publishers - National Printing Office,
Supreme Court of the Philippines, University of the
Philippines Law Center
b. Commercial Publishers - Rex Book Store Legal
Materials, C & E Publishers National Book Store
Philippine Legal Citations
Uniform standard of Philippine citation is needed for clarity, and
consistency.
Manuals of legal citation:
· Feliciano, Myrna. Philippine Manual of Legal Citations (5th
ed. 1999)
·
Supreme Court’s Manual of Judicial Writing (2005).
·
Fundamentals of Decision Writing for Judges. Manila:
Philippine Judicial Academy (2009)
Sources of Law
1. Statutes
a. Constitution - Cited by reference to the article, section
and the paragraph. For both manual, the year is placed
in parenthesis when the Constitution is no longer in
force.
Example:
Const. (1935), Art. VIII, Sec. 1
Const. (1973), Art. X, Sec. 1
Const, (1987)Art. VIII, Sec. 1
b. Statutes proper - Laws passed by the Legislative
Department from 101 to present are cited as follows:
a.2.1 Laws 1901-1934
Act No. 136 (1901)
a.2.2. Commonwealth Acts, 1935-1945
Com. Act No. 35 (1935)
a.2.3. Republic Acts, 1946-1972, 1987-present
Rep. Act No. 88 (1946)
a.2.4. Presidential Decrees, September 21, 1972 –
February 1986
Pres. Decree No. 442 (1972)
a.2.b. Batas Pambansa, January 1979- February 1, 1986
Batas Blg. 129 (1980)
c. Treaties - Cited by the name of the treaty and the date
when the treaty was signed
Philippines Extradition Treaty with the United
States, November 27, 1981. 8 PTS 978
Source
d. Executive/Presidential Issuances - Presidential issuances
are cited by the number of the issuance and followed by
the date of issuance. The date is important for each
year, the number starts with the first number (No. 1)
a.4.1 Executive Orders
Exec. Order No. 200 (1986)
a.4.2. Proclamations
Proc. No. 1081 (1972)
a.4.3. Administrative Orders
Adm. Order No. 200 (2005)
16
e.
f.
g.
a.4.4..1 General Orders
Gen. Order No. 1 (1972)
a.4.4.2 Letters of Instructions
L.O.I. No. 2 (1972)
a.4.4.3 Letters of Implementation
L.O. Impl. No. 1 (1972)
a.4.4.4. Letters of Authority
L.O.A. No. 1 (1972)
Administrative Rules and Regulations - They are cited by
the abbreviation of the name of each agency, followed
by the name of the specific rule or regulation.
DOE Adm. Order No. 1 (2006)
Ordinances - They are cited by providing the name of the
city, municipality or the province, followed by the
ordinance number and the date.
Manila Ordinance No. 1, June 21, 2004.
Court Rules- name, followed by the rule number and
section.
Example: Rule of Court, Rule 14, sec.1
Criminal Procedure, Rule 115, se. 1 (2000)
Civil Procedure, Rule 70, sec. 1 (1997)
2. Court Decisions - cited by the family name of the parties, the
volume number, Court Report title, page of the court report,
and the year of promulgation in parenthesis.
Example : Ong v. Court of Appeals, 399 Phil. 686 (2000)
Exception this the general rule are Islamic, Chinese names
which are cited in full. Those with Christian first names follow
the general rule.
Example: Sy Chin v. Tang Ching Heng & Co., 399 Phil.
442 (2000)
Court decisions from the Supreme Court down to the lower
courts can be identified through their case number cited as
follows:
1. Court decisions - G.R. No. ____ date of promulgation
2. Supreme Court of Appeals decisions - C.A.-G.R. NO.
______-R, CV, CR or SP, date of promulgation
3. Sadiganbayan decisions
- Sandiganbayan Crim Case
No. _____ date of promulgation
4. Metropolitan Trial Courts - Me TC (Place & Branch No.)
Civil or Criminal Case No. ____________, date of
promulgation
5. Municipal Trial Court s and Municipal Circuit Trial Courts
decisions MTC or MCTC (Place) Criminal or Civil Case
No.______, date of promulgation
6. Shari’ah District and Circuit Courts – Shari’ah Dist/Circ.
Ct. (Place) Case no. , date of promulgation
3. Administrative decisions - Cited by the name of the agency
(abbreviated form), case number and date of promulgation
Example: Santos v. Dizon, CSC Adm. Case No. 12345,
January 6, 2006
Other Rules:
a. Jurisprudence is cited based on its source - cited by the
family name of the parties, the volume number, page,
and date of promulgation in parenthesis.
Example: Ong v. People, 399 Phil. 686 (2000)
b. If taken from a Secondary Source - cited by the family
name of the parties, G.R. number, date of promulgation
and the volume number of the Reports and its page.
Example: Ong v. People, G.R. No. 139006, November 27,
2000, 346 SCRA 117
Citations Repeatedly Used
a.
b.
c.
d.
Ibid – used for successive citation of the same volume
and the same page or exactly the same document
Id – used in successive citations but different page.
Supra – used to identify the citation that has been
previously cited whether on the same page or a previous
page.
Supra note – is used when the citation previously cited is
too far.
Bibliography
1.
2.
3.
Agpalo, Ruben. Philippine Constitutional Law. Manila:
Rex Bookstore (2006) 730p
Sison, Carmelo. Essentials of the 1987 Constitution. Q.C.:
JMC Press (2000) 4 vols. In 3
Mendoza, Vicente. The Supreme Court under the
Constitution. Q.C.: UP Law Center (1977) 155p.