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Politics and Governance with Philippine Constitution (Polytechnic University of the
Philippines)
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LEGAL RESEARCH
by
RUFUS B. RODRIGUEZ
A.B. (DLSU), M.A. (XU), LL.B. (UP),
LL.M. (Columbia)
Former Commissioner, Bureau of Immigration;
Former Dean, San Sebastian College, Institute of Law;
LL.M. (Harlan Fiske Stone Honors),
Columbia Law School, New York City (1995);
Certificate (with Honors), Parker School
of International & Foreign Law,
Columbia University, New York City (1995);
Fellow and Secretary-General,
Academy on American and International
Law, Dallas, Texas (1993);
M.A. Economics (with High Distinction),
'Kauier University, (1984);
17th Place (86%), 1981 Bar Examinations;
7th in Rank, LL.B. (Purple Feather Honor Society),
University of the Philippines, (1980);
A.B. Economics (Summa Cum Laude),
De La Salle University (1975);
High School (Valedictoriari),:vf~vier University (1971);
Grade School (Valedictorian), Xavier University (1967)
~
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Philippine Copyright, 2002
PREFACE
The subject Legal Research in first year law school is a very
important subject.
No portion of this book may be copied or reproduced in books, pamphlets, outlines or notes, whether
printed, mimeographed, typewritten, copied in different electronic devices or in any other form, for distribution or sale, without the written permission of the
author except brief passages in books, articles, reviews, legal papers, and judicial or other official proceedings with proper citation.
It inculcates on the law student the need to acquire an adequate skill to do proper legal research for him to survive law
school and then after he becomes a lawyer, to provide competent
representation to his clients.
It lays down before him the sources of law, both printed and
electronic which he can use to find the answers to legal issues. A
working knowledge of what the laws and jurisprudence are and
where to find them will surely be helpful to the legal researcher.
Any copy of this book without the corresponding
number and the signature of the author on this page
either proceeds from an illegitimate source or is in
possession of one who has no authority to dispose of
the same.
Legal Research also teaches the law student the systematic
approach in solving legal problems so that he can do research
smoothly and efficiently with minimum wastage of time and effort.
These steps in legal research will assure the optimum use of time
and resources in problem solving.
ALL RIGHTS RESERVED
BY THE AUTHOR
It likewise drills him in acquiring the fundamental skill of
case briefing and synthesizing of cases necessary in doing legal
research. This will teach the law student to cull the significant
facts from the decisions that are applicable to the problem he is
solving.
9015
REPRINTED: JULY 2014
ISBN
l971-23-,..60-J
Legal Research cannot be learned simply by reading. It must
be practiced. Classroom work should be accompanied by library
exposure to the actual sources of law described. It should be further strengthened by practical exercises or actual research to be
assigned and done by the law student.
I thank Noralisa M. Valmoria for assisting me in this book.
RUFUS B. RODRIGUEZ
05- OT-00011
~
9
Printedby
rrtnral REX PRINTIN~ COMPANY, iNC.
789712
334603
June 8, 2002
Manila
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TABLE OF CONTENTS
CHAPTER 1
INTRODUCTION TO LEGAL RESEARCH
A.
B.
C.
D.
Legal Research, defined . . . ..
.. .. . .. .. . .. . .. . .. .. .
The Need for Legal Research.......................................
Sources of Legal Research
Sources of Law...............................................................
1.
Primary Sources....................................................
2. SecondaryMaterials
3. Finding Tools
;
'.
·.......................
1
1
2
2
3
3
4
CHAPTER2
THE LEGAL RESEARCH PROCESS
A.
SystematicApproachto Legal Research .. .. ..
1.
Identify and Analyze the Significant Facts
2. Formulate the Legal Issues to be Researched
3.
Research the Issues Presented
4. Update...................................................................
5
5
6
7
8
CHAPTER3
FUNDAMENTAL RESEARCH SKILL:
CASE BRIEFING AND SYNTHESIS OF CASES
I
A.
I
B.
C.
Case Briefing
1. Facts
2. Issue(s)
3. Ruling
Exercise in Case Briefing
1.
Santos v. CA, 240 SCRA20 (1995)
Synthesizing Cases
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.
.
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D.
Exercise in Synthesizing Cases
1.
Briefing of Each Relevant Case
.
.
.
25
35
47
.
59
.
.
70
80
a.
2.
Chi Ming Tsoi v. CA, 266 SCRA
324 (1997) ·············································
b. Republic v. CA, 268 SCRA 198 (1997)
c.
Hernandez v. CA, 320 SCRA 76 (1999)
d.
Marcos v. Marcos, G.R. No. 136490,
Oct. 19, 2000
e. Republic v. Dagdag, G.R. No. 109975,
Feb. 09, 2001
Synthesis of All Relevant Cases
,
25
25
.
CHAPTER4
STATUTORY LAW
A.
B.
Statutory Law
.
The Philippine Constitution
.
1.
Spanish Period
.
2. The Treaty of Paris
.
3. The Malolos Constitution of 1899
.
4. The American Period
.
a. Organic Laws
.
1. Pres. McKinley's Instructions
of April 7, 1900
.
2. The Spooner Amendment of
March 2, 1901
.
3. The Philippine Bill of 1902
.
4. The Philippine Autonomy Act of 1916 .
b.
The Commonwealth Period
.
1. The Tydings-McDuffieLaw of 1934 .
2. The 1935 Philippine Constitution
.
5.
The Japanese Period (1943 Constitution)
.
6.
Period after Philippine Independence in 1946 .
a. Martial Law Declaration
~
.
b. The 1973 Constitution
.
c.
The Amendments to the 1973 Constitution
d. The Provisional Constitution of 1986
.
e. The 1987 Constitution
.
C. Treaties and International Agreements
.
D. Statutes Enacted by the Legislature
.
1. Legislatfon in General
.
a. Constitutional Provisions
.
vi
83
83
83
84
85
87
88
88
89
90
91
92
92
92
96
97
97
98
99
102
103
106
i07
107
108
2.
b. Types of Legislation
.
c.
Form of Statutes
.
d. The Enactment of Statutes
.
e. · The Construction of Statutes
.
History of Philippine Legislation
.
a. Pre-Spanish Period
.
b. Spanish Period
.
1. Spanish Laws Made Applicable·
to the Philippines
.
a. The System of Laws in Spain
and Its Antecedents
.
1. The Code of Euric and the
Brevarium of Alaric
..
2. Fuero Juzgo
.
3. Fuero Real
.
4. Las Siete Partidas
.
5. Leyes de Thro
..
6. Nueva Recopilacion
.
7. Novisima Recopilacion
..
b. Modern Spanish Codes
..
1. Codigode Comercio of 1885 .
2. Codigo Penal of 1870
.
3. The Codes of Civil and
Criminal Procedure
.
4. CodigoCivil of 1889
.
2. Laws Specially Enacted for the
Colonies
.
a. Legislation for the Colonies
, ..
b. First Collection of Laws
Relating to the Colonies
.
c. Compilation of Laws Initiated
by the Council
.
d. The CodigoOvandino
.
e. General Compilation by Aguilar
y Acuna and Pinelo
.
f. The Recopilacion de Leyes de
los Reynoso de Indias
.
g. Compilations Subsequent
to the Recopilacion
.
3. Evaluation of the Laws in the
Philippines During the Spanish
Period
.
4. Materials on the Spanish Laws
.
a. Primary Materials
.
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109
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b.
c.
d.
e.
f.
g.
h.
i.
j.
Secondary Materials
.
1. Civil Law
.
2. Criminal Law
..
3. Commercial Law
.
5. Legislation in the Philippines during
the Spanish Period
..
The Period of the Philippine Revolution ..
The American Period
.
The Commonwealth Period
.
The Japanese Period
.
The Period After Independence
..
The Martial Law Period
..
Aquino's Revolutionary Government
Period under the 1987 Constitution
3. Publications on Philippine Statutes,
in General
4. Summary of Philippine Legislation
a.
Legislation in the Philippines
(1900-2001)
b. List of Codes Enacted by Phil.
Legislatures
E. Administrative Rules and Regulations
1. Agencieswith implied quasi-legislative
powers
2. Agencieswith express quasi-legislative
powers
3.
Publications on Administrative Rules
and Regulations
F. Ordinances Enacted by the AutonomousRegion
G. Ordinances Enacted by Local Government Units
H. ComputerizedLegal Research Services
129
129
131
134
135
135
136
136
137
.
..
.
.
137
138
.
139
.
.
139
141
.
142
E.
F.
.
142
G.
.
..
..
.
143
147
147
149
CHAPTERS
CASE LAW
A.
B.
Case Law
1. DecisionsProper
2.
Subordinate Decisions
The Philippine Judicial System
1. Pre-Spanish Period
2. Spanish Period
a.
In General
b.
128
128
128
128
.
.
..
.
..
..
..
150
150
150
151
151
151
151
C.
D.
H.
I.
Audiencia Real - Audiencia Territorial
de Manila
..
c.
Audiencias de lo Criminal of Cebu
and Vigan
.
d. Alcaldes-Mayores; Jueces de Primera
Instancia
..
e.
Gobernadorcillos; Jueces de Paz
.
f.
Special Tribunals
:
.
1. Ecclesiastical Courts
.
2. Army and Navy Courts
.
3. Treasury Court
..
4. Commercial Court..
:
.
5. Contentious Court
.
6. Probate Court
.
g.
Publications During the Spanish Period ..
3. The American Period
.
4.
The Judicial System at present
.
a. Trial Courts of Limited Jurisdiction
.
b.
Trial Courts of General Jurisdiction
.
c.
The Intermediate Appellate Court
.
d. The Court of Last Resort
.
The Doctrine of Precedent
.
"Stare Decisis" and "Res Judicata"
..
"Reversal" and "Overruling''
.
"Ratio Decidendi" and "Obiter Dictum"
..
"Binding'' and "Persuasive" Authority
..
Form of Decisions
..
Case Law Materials
..
1.
Decisions Proper
.
a.
Decisions of the Supreme Court
..
1. Official Repositories of Decisions
of the Supreme Court
.
2. Unofficial Reporting of Supreme
Court Decisions
..
b.
Decisions of the Court of Appeals
..
c.
Decisions of the Sandiganbayan
r ..
d.
Decisions of the Court of Tax Appeals
..
e. Decisions of the RTCs
.
f.
Decisions of the MeTCs, MTCs,
and MCTCs
.
2. Subordinate Decisions
..
a. Senate Electoral Tribunal and the
House of Rep. Electoral Tribunal .......
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156
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161
162
163
163
164
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b.
c.
d.
Administrative Agencies Exercising
Quasi-Judicial Powers
..
Publications of Administrative Agencies
Exercising Quasi-Judicial Functions .
Computerized Legal Research Services .....
179
180
D.
CHAPTER6
LAW BOOKS OF SECONDARY AUTHORITY
A.
B.
C.
D.
E.
F.
Case Digests
Treatises and Textbooks
Bar Reviewers
Legal Periodicals
Legal Encyclopedia
Law Dictionaries
.
.
.
.
..
.
182
184
211
213
.
~ ..
.
..
.
228
FINDINGS TOOLS AND OTHER MATERIALS
.
231
1.
2.
3.
.
.
.
231
.
233
4.
5.
6.
7.
8.
176
Words and Phrases
Treatises and Textbooks
Restatements of the Law
Periodicals and Indexes
Law Dictionaries
Citators
Law Directories
Form books
BIBLIOGRAPHY
215
216
CHAPTER7
SEARCH MATERIALS AND FINDING TOOLS
A.
B.
C.
Citators
Indexes
Bibliographies ..
:......................
218
219
.
221
CHAPTERS
RESEARCH MATERIALS
IN THE UNITED STATES
A.
CASE LAW.....................................................................
1.
2.
B.
C.
222
Federal Courts Decisions
State Courts Decisions
..
..
222
223
STATUTORY LAW
224
1.
2.
224
226
Federal Level.........................................................
State Level.............................................................
SECONDARY MATERIALS
1.
2.
3.
Digests ....
..
Annotations
Legal Encyclopedias
227
.
.. ..
x
..
227
228
228
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229
231
232
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lOMoARcPSD|8487004
CHAPTER I
INTRODUCTION TO LEGAL RESEARCH
A.
Legal Research, defined
In general, legal research is the process of finding the laws,
rules and regulations that govern activities in human society. It
involves locating both the laws and rules which are enforcedby the
State and the commentaries which explain or analyze these rules.
Legal research is also defined as the investigation for information necessary to support legal decision making. Legal research
includes each step of a process that begins with analyzing the facts
of a problem and concludeswith applying and communicating the
results of the investigation.1
B.
,J
,,•',,
,,
The Need for Legal Research
A lawyer is required to provide competent representation to a
client. Competent representation requires the legal knowledge,skill,
thoroughness and preparation reasonably necessary for the representation. Clearly, a lawyer must be able to research the law to
provide competent representation.2
I
In addition to requirements of professionalresponsibility,questions relating to competencyin legal research may arise in suits for
damages, arising from legal incompetence or claims for malicious
prosecution.3
The knowledge and ability to use fundamental legal research
tools and to implement an effective and efficient research plan
'Jacobstein, Mersky and Dunn, Legal Research Illustrated (6th ed.), Westbury,
New York, The Foundation Press, Inc., 1994, p. 1.
2ld.,
p. 14.
"Id.
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INTRODUCTION TO LEGAL RESEARCH
LEGAL RESEARCH
2
1.
must become part and parcel of every lawyer's training for him or
her to. provide competent representation and uphold the standards
of the legal profession. 4
D.
In a primarily civil law jurisdiction like the Philippines, the
products of legislative actions, codes and statutes, are the first
major primary sources. Codes and statutes have come to govern an
even greater variety of human activity.
The second major category of primary sources is judicial decisions. Our Philippine Supreme Court and Court of Appeals produce
decisions that constitute our case law.
Sources of Legal Research
Legal research involves the use of a variety of printed and
electronic sources. The printed sources include the Constitution,
statutei; court decisions, administrative rules and scholarly commentaries. Computer databases containing these and other materials have dramatically changed the nature of legal research and
improved its effectiveness. They have not, however, eliminated its
complexities. The volume and variety of legal literature continues
to grow, making the researcher's choice of tools and tactics for each
problem more difficult than ever. A thorough understanding of available legal resources, both published and computerized, is necessary. There are as many procedures as there are problems, and no
single approach can work every time.6
Sources of Law
Legal sources differ in their relative authority. Some are binding; others are only persuasive in varying degrees; and some are only
useful as tools for finding other material. These variations require
that researchers make careful and critical evaluation of the sources
they study. Whether researching by book or by computer, one must
be familiar with the three broad categories of legal literature: (a)
primary sources; (b) secondary materials; and (c) finding tools.7
Our judicial system consists of a hierarchy of courts, including
a number of trial courts (RTC, MTC, MCTC), one intermediate
appellate court (CA), and a court of last resort, the Supreme Court.
This system incorporates the processes of appellate review, in which
higher courts review the decisions of lower courts, and judicial
review, in which courts determine the validity of legislative and
executive actions.
-s
i
I
II
i
i
i
~
ld.
4
n«, p. 13.
Primary Sources
Primary sources of law are those recorded laws and rules
which will be enforced by the State. They may be found instatutes
passed by the legislature, regulations and rulings of administrative
agencies and decisions of appellate.courts,"
In 1992, a special task force of the American Bar Association
on law schools and the legal profession issued a report that stated
"[i]t can hardly be doubted that the ability to do legal research is
one of the skills that any competent practitioner must possess."
That report also stated: "[i]n order to conduct legal research effectively, a lawyer should have a working knowledge of the nature of
legal rules and legal institutions, the fundamental tools of legal
research, and the process of devising and implementing a coherent
and effective research design. "5
C.
3
l
A third important primary source is administrative law, or the
regulations and decisions of government agencies. State agencies
promulgate regulations governing behavior within their areas of expertise. Agencies also act in a "quasi-judicial" capacity by conducting
hearings and issuing decisions to resolve particular disputes.9
2.
Secondary Materials
Publications which are not primary authority but which discuss or analyze legal doctrine are considered secondary materials.
These include treatises, commentaries, and encyclopedias. Some of
the most influential legal writings are found in the academic journals known as law reviews of law schools, or in publications like
the IBP Journal and the Lawyers Review. Secondary materials
vary widely in purpose and quality, ranging from authoritative
treatises by great academic scholars to superficial tracts by hack
writers. The best of these works such as the Civil Code of the
Philippines by Arturo M. Tolentino and Remedial Law Compen-
6Cohen and Olson, Legal Research In a Nutshell, St. Paul, Minn., West Pub8ld., p. 3.
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LEGAL RESEARCH
4
dium by Florenz D. Regalado have a persuasive influence on the
lawmaking process by virtue of the prestige of their authors or the
quality of their scholarship. Secondary sources can help analyze a
problem and provide research references to both primary sources
and other secondary materials, 10
~
~
THE LEGAL RESEARCH PROCESS
Finding appropriate secondary materials is most often accomplished through the use of law library catalogs, legal periodical
indexes, and other bibliographic aids. In addition, court decisions
and other secondary sources frequently provide citations to persuasive treatises and law review articles."
3.
Our legislative, executive and judicial branches of government
have been enacting and promulgating codes, statutes, rules, regulations and court decisions and these have grown into a large body
of law. The researcher therefore needs search materials or finding
tools in order to locate these legal sources. Without a topical approach to legal sources, researchers could not find existing statutes
or decisions on point.12
A varied group of finding tools provides such access. Digests
reprint headnotes summarizing points of law from court decisions
in a subject classification and annotations summarize cases on particular topics. The SCRA Quick Index-Digest is one finding tool
available to the legal researcher. PHIL.JURIS and LEX LIBRIS,
two comprehensive and competing computer-based legal research
systems, provide the capability to search for cases and other documents by using practically any word or combination of words.13
Finding tools do not persuade, nor do they themselves have
any primary or persuasive authority. Finding tools are only a means
for locating primary sources. It is then necessary to read those
primary sources to determine their applicability to a particular
situation. In legal research, as in other aspects of the lawyer's
work, one must employ a highly developed sense of relevance - a
keen appreciation of which sources are legally and factually relevant to the specific inquiry.14
10Jd., p. 6.
ll[d.
12Jd., p. 5.
13Jd.
A.
I
Finding Tools
CHAPTER 2
Ii
I
I
Systematic Approach to Legal Research
In order to solve legal problems accurately and comprehensively, there must be a systematic approach to legal research. Four
basic steps are recommended, namely:
1.
Identify and analyze the significant facts.
2.
Formulate the legal issues to be researched.
3.
Research the issues presented.
4.
Update.15
1.
Identify and Analyze the Significant Facts
The first task is to identify and analyze the facts surrounding
the particular problem. Some facts have legal significance; others
do not. The process of legal research begins with compiling a descriptive statement of legally significant facts. Factual analysis is
the first step in formulating the legal issues to be researched. 16
The TARP Rule is a useful technique to analyze your facts
according to the following factors:
T - Thing or subject matter;
A - Cause of action or group of defense;
R - Relief sought;
P - Persons or parties involved.17
sJacobstein, op. cit, p. 15.
Td., p. 16.
17Jd.
1
16
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6
LEGAL RESEARCH
THE LEGAL RESEARCH PROCESS
The thing or subject matter in a problem or controversy may
be ~ significant element. For example, when a party claims that
there if? a violation of the terms of a contract, the contract becomes
an essential fact in the dispute.
The next thing to be done is to identify the claim or cause of
action of the plaintiff and the defense that might be put up by the
defendant. In a dispute over a contract, the cause of action may be
breach of contract.
What is the relief sought? It might be a civil action for damages to answer for the injury caused by the breach of the contract
or an action for specific performance to compel the other party to
perform a specific act as mandated in the contract or to enjoin the
other party from doing a specific act probably in violation of the
contract.
The parties or persons might be individuals, or might be a
group that is significant to the solution of the problem or the outcome of the lawsuit. Similarly, the relationship between the parties, _ .such as exists between lessor or lessee in a contract of lease
'
will be of special importance to the case."
2.
Formulate the Legal Issues to be Researched
This is the initial intellectual activity that presumes some
knowledge of the substantive law. The goal is to classify or categorize the problem into general, and increasingly specific, subject
areas and to begin to hypothesize legal issues.19
Consult general secondary sources for an overview of all relevant subject areas. In the example above, if the legal issue involves a violation of a contract, the research could start by reading
the textbooks or treatises on obligations and contracts by noted
authorities. At this stage, these secondary sources are used to provide background information and to help you formulate issues; they
are the tools, not the objects of research. 20
Writing a clear, concise statement of each legal issue raised by
the significant facts is an important and difficult task.21
/d., p. 17.
19/d.
20/d.
21/d.
18
7
Once statements of the issues have been drafted, they should
be arranged in a logical pattern to form an outline. Logically, related issues may be combined as sub-issues under a broader main
issue.22
3.
Research the Issues Presented
After the facts have been analyzed and the issues have been
framed, it is time to begin researching the first issue. 23
a.
Organize and Plan. Good legal researchers, as a rule, are
systematic, methodical, and organized; and they keep good records.
For each issue, it is important to decide which sources to use, which
sources not to use, and the order in which sources should be examined. The best practice is to write down all sources to be searched
under each issue to be researched, even if sources are repeated.24
b. Identify, Read, and Update All Relevant Constitutional
Provisions, Statutes, and Administrative Regulations. These primary sources can be identified in several ways.25
Statutory Compilations. Statutory compilations almost always
have tables of contents and indexes that list the subjects and topics
covered by the statutes. Because relevant statutory provisions are
often found in several places in the compiled statutes, consult both
the table of contents and the index. 26
Computer-Assisted Legal Research. The Constitution, statutes
and administrative regulations are available on PHILJURIS and
LEX LIBRIS. It is possible to search the full text of these documents for statutes and regulations that apply to your problem.
Secondary Sources. Secondary sources such as treatises and
commentaries and law review articles, commonly cite relevant constitutional provisions, statutes, and administrative regulations.27
c.
Identify, Read, and Update All Relevant Case Law. After
identifying and reading the relevant constitutional provisions, statutes and administrative regulations, you must identify, read, and
22/d.
23/d., p. 18.
'IA[d.
/d., p. 19.
26/d.
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LEGAL RESEARCH
8
update the case law that has interpreted and applied those forms
of enacted law, as well as other case law that is relevant to your
fact situation. 28
·
CHAPTER 3
Do not limit your search to cases that support your position. A
competent researcher will anticipate both sides of an argument
and identify the cases that indicate contrary conclusions."
FUNDAMENTAL RESEARCH SKILL:
CASE BRIEFING AND SYNTHESIS OF CASES
Treatises and commentaries on the codes and statutes cites
cases that interpret the statutes they discuss. As to computer assisted legal research, both Philjuris and Lex Libris can be searched
for cases that have cited the statute."
As stated in the previous chapter, the other important steps
in legal research are to identify the relevant cases, read them and
then brief or digest each case. When there are many cases relevant
to the problem, you must relate the cases to each other, that is,
synthesize them.
After identifying the relevant cases, as you read and brief or
digest each case, be sure to note its full citation, the ponente of the
decision, the date of the decision, the relevant facts, the holding, a
summary of the court's reasoning, and the sources cited by the
court. Each of the sources cited should be read and briefed and new
cases should be added to your list. Each case you brief should be
incorporated into your outline.31
d. Refine the Search. After you have identified, read, and
organized the primary sources, go to secondary sources to refine
the search and expand your argument. If the problem involves a
statute, the legislative history might suggest the legislature's intent in passing the act and the problem the law was intended to
remedy. Historical, social, economic, and political information can
put legal arguments in their proper context and can support policy
arguments.32
4.
A.
I
'
Update
Most important is to keep your brief brief. Keep your summary of the court's reasoning to a useful length, but don't
shortchange the facts. When the case deals with statutes, it may be
helpful to quote key words from the statute verbatim.
The typical components of a case brief case are:
Facts
The facts describe the events between the parties leading to
the litigation and tell how the case came before the court that is
now deciding it. Include those facts that are relevant to the issue
the court must decide and to the reasons for its decision. You will
not know which facts are relevant until you know what the issue or
issues are. For example, if the issue is whether there is psychological incapacity under Article 36 of the Family Code of the Philippines, relevant facts include the fact of marriage and the acts of
the spouse constituting psychological incapacity to comply with the
essential marital obligations.
1.
Law changes constantly. Our Congress passes new statutes
and modify old ones. Our Supreme Court either refines the law or
reaffirms the law or even changes the interpretation of the law.
Consult the Philjuris or Lex Libris to determine whether the authorities have been interpreted or altered in any way, or whether
new cases, statutes or regulations have been published."
28/d.
29/d.
30/d.
31/d.,
p. 20.
32/d.,
pp. 20 and 21.
Case Briefing
A law school case brief is a student's digest or condensation of
a reported case. There is no one "correct"form for a case brief since
it is a document that is created to meet the student's needs, i.e., to
serve as a reference in class and, together with class notes, the
major tools of course review at the end of the semester.
I
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10
You should also state who the plaintiff and defendant are the
bas~s.for the plainti!f's suit, and the relief the plaintiff is seeking.
Also include the rulmg of the Regional Trial Court on the case and
whether the Court of Appeals affirmed or reversed the decision.
2.
"Article 36. A marriage contracted by any party who, at
the time of the celebration, was psychologically incapacitated
to comply with the essential marital obligations of marriage,
shall likewise be void even if such incapacity becomes manifest only after its solemnization."
lssue(s)
~he issue is the question that the court must decide to resolve
~he dispute between the parties in the case before it. To find the
issue, you have to identify the rule of law that governs the dispute
~nd ask how it shou~d apply to those facts. You usually write the
is~ue for your c~se bnef as a question that combines the rule of law
with ~he material facts of the case, that is, those facts that raise
the dispute. Although we use the word "issue" in the singular
~here can be m_ore than one issue in a case. An example of an issue
is: Do the ~abitual drunkenness and sexual infidelity of the husband constitute psychological incapacity?
3.
Ruling
The ruling is the court's decision on the question that is actu~lly before it. The court may make a number oflegal statements, but
if they ~o not relat~ to the question actually before it, they are dicta.
The _rulmg or holdmg provides the answer to the question asked in
the issue statemen~. If there is more than one issue, there may be
~ore tha1: ~ne holdmg. The ruling is supported by the court's reasonmg explammg an? su~portin~ the court's decision. For example in a
case on psychological ~ncapacity,the court will refer to the provisions
of Ar_t· 36 of the Family Code, state the substantial and procedural
r~qmre:nents for psychological incapacity to exist and cite the earher rulmgs of the Supreme Court on the subject.
B.
11
Exercise in Case Briefing
Let us now do an exercise in case briefing on the following
case:
LEOUEL SANTOS, petitioner, v, THE HONORABLE COURT
OF APPEALS AND JULIAROSARIO BEDIA-SANTOS
respondents, G.R. No. 112019, Jan. 4, 1995 (En Banc/
Vitug, J.:
.
Con~e?edl! a highly, if not indeed the most likely, controversial proviston mtroduced by the Family Code is Article 36 (as
amenileil hv "R 0 No 997 ik1tarl
17 _T,, i..
1 OQ'7\
"'i..;~i.
The present petition for review on certiorari, at the instance
of Leouel Santos ("Leouel"), brings into fore the above provision
which is now invoked by him. Undaunted by the decisions of the
court a quo34 and the Court of Appeals,35 Leouel persists in beseeching its application in his attempt to have his marriage with
herein private respondent, Julia Rosario Bedia-Santos ("Julia"),
declared a nullity.
It was in Iloilo City where Leouel, who then held the rank of
First Lieutenant in the Philippine Army, first met Julia. The meeting proved to be an eventful day for Leouel and Julia. On 20 September 1986, the two exchanged vows before Municipal Trial Court
Judge Cornelio G. Lazaro of Iloilo City, followed, shortly thereafter,
by a church wedding. Leouel and Julia lived with the latter's parents at the J. Bedia Compound, La Paz, Iloilo City. On 18 July
1987, Julia gave birth to a baby boy, and he was christened Leouel
Santos, Jr. The ecstasy, however, did not last long. It was bound to
happen, Leouel averred, because of the frequent interference by
Julia's parents into the young spouses' family affairs. Occasionally,
the couple would also start a "quarrel" over a number of other
things, like when and where the couple should start living independently from Julia's parents or whenever Julia would express
resentment on Leouel's spending a few days with his own parents.
On 18 May 1988, Julia finally left for the United States of
America to work as a nurse despite Leonel's pleas to so dissuade
her. Seven months after her departure, or on 01 January 1989,
Julia called up Leouel for the first time by long distance telephone.
She promised to return home upon the expiration of her contract in
July 1989. She never did. When Leouel got a chance to visit the
United States, where he underwent a training program under the
auspices of the Armed Forces of the Philippines from 10 April up to
25 August 1990, he desperately tried to locate, or to somehow get
in touch with, Julia but all his efforts were of no avail.
Per Judge Enrique Garrovilh
Penned by Justice Jainal Rasul, concurred in by Justices Pedro Ramirez
34
35
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Having failed to get Julia to somehow come home, Leouel filed
with the Regional Trial Court of Negros Oriental, Branch 30, a
complaint for "Voiding of Marriage Under Article 36 of the Family
Code" (docketed, Civil Case No. 9814). Summons was served by
publication in a newspaper of general circulation in Negros Oriental.
The Family Code did not define the term "psychological incapacity." The deliberations during the sessions of the Family Code
Revision Committee, which has drafted the Code, can, however,
provide an insight on the import of the provision.
12
"Article 35. The following marriages shall be void from
the beginning:
On 31 May 1991, respondent Julia, in her answer (through
counsel), opposed the complaint and denied its allegations, claiming, in main, that it was the petitioner who had, in fact, been
irresponsible and incompetent.
'xx x
'(7)
Those marriages contracted by any party who, at
the time of the celebration, was wanting in the sufficient use of
reason or judgment to understand the essential nature of
marriage or was psychologically or mentally incapacitated to
discharge the essential marital obligations, even if such lack of
incapacity is made manifest after the celebration.'
On 25 October 1991, after pre-trial conferences had repeatedly been set, albeit unsuccessfully, by the court, Julia ultimately
filed a manifestation, stating that she would neither appear nor
submit evidence.
Leouel appealed to the Court of Appeals. The latter affirmed
the decision of the trial court. 37
The petition should be denied not only because of its noncompliance with Circular 28-91, which requires a certification of
non-forum shopping, but also for its lack of merit.
Leouel argues that the failure of Julia to return home, or at
the very least to communicate with him, for more than five years
are circumstances that clearly show her being psychologically incapacitated to enter into married life. In his own words, Leouel asserts:
"x x x (T)here is no love, there is no affection for (him)
because respondent Julia Rosario Bedia-Santos failed all these
years to communicate with the petitioner. A wife who does not
care to inform her husband about her whereabouts for a period
of five years, more or less, is psychologically incapacitated to
comply with the essential marital obligations of marriage. Respondent Julia Rosario Bedia-Santos is one such wife."
Rollo, 37-24.
36
=ssu« 13-18.
xx x.
'Article 36. x x x
A possible collusion between the parties to obtain a decree of
nullity of their marriage was ruled out by the Office of the Provincial Prosecutor (in its report to the court).
On 06 November 1991, the court a quo finally dismissed the
complaint for lack of merit.36
xxx
l
II
"On subparagraph (7), which as lifted from the Canon Law,
Justice (Jose B.L.) Reyes suggested that they say 'wanting in sufficient use' instead of 'wanting in the sufficient use.' But Justice
(Eduardo) Caguioa preferred to say 'wanting in the\sufficient use.'
On the other hand, Justice Reyes proposed that they say 'wanting in
sufficient reason.' Justice Caguioa, however, pointed out that the
idea is that one is not lacking in judgment but that he is lacking in
the exercise of judgment. He added that lack of judgment would
make the marriage voidable. Judge (Alicia Sempio-) Diy remarked
that lack of judgment is more serious than insufficient use of judgment and yet the latter would make the marriage null and void and
the former only voidable. Justice Caguioa suggested that subparagrah
(7) be modified to read:
" 'That contracted by any party who, at the time of the
celebration, was psychologically or mentally incapacitated to
discharge the essential marital obligations, even if such lack or
incapacity is made manifest after the celebration.'
"Justice Caguioa explained that the phrase 'was wanting in
sufficient use of reason or judgment to understand the essential
nature of marriage' refers to defects in the mental faculties vitiating consent, which is not the idea in subparagraph (7), but lack of
appreciation of one's marital obligations.
"Judge Diy raised the question: Since 'insanity' is also a psychological or mental incapacity, why is 'insanity' only a ground for
annulment and not declaration of nullity? In reply, Justice Caguioa
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explained that in insanity, there is the appearance of consent, which
is the reason why it i_s a ground for voidable marriages, while
subparagraph (7) does not refer to consent but to the very essence
of marital obligations.
it will encourage one who really understood the consequences of
marriage to claim that he did not and to make excuses for invalidating the marriage by acting as if he did not understand the
obligations of marriage. Dean Gu pit added that it is a loose way of
providing for divorce.
14
"Prof. (Araceli) Baviera suggested that, in subparagraph (7),
the word 'mentally' be deleted, with which Justice Caguioa concurred, Judge Diy, however, preferred to retain the word 'mentally.'
"xx x
"Dean (Fortunato) Gupit stated that the confusion lies in the
fact that in inserting the Canon Law annulment in the Family Code,
the Committee used a language which describes a ground for voidable marriages under the Civil Code. Justice Caguioa added that in
Canon Law, there are voidable marriages. Dean Gu pit said that this
is precisely the reason why they should make a distinction.
"xx x
"Justice Puno remarked that in Canon Law, the defects in
marriage cannot be cured.
"On another point, Justice Puno suggested that the phrase
'even if such lack or incapacity is made manifest,' be modified to
read 'even if such lack or incapacity becomes manifest.'
"Justice Reyes remarked that in insanity, at the time of the
marriage, it is not apparent.
"Justice Caguioa stated that there are two interpretations of
the phrase, 'psychologically or mentally incapacitated' - in the
first one, there is vitiation of consent because one does not know all
the consequences of the marriages, and if he had known these
completely, he might not have consented to the marriage.
"xx x
xxx
xxx
xxx
"Justice Caguioa explained that his point is that in the case of
incapacity by reason of defects in the mental faculties, which is less
than insanity, there is a defect in consent and, therefore, it is clear
that it should be a ground for voidable marriage because there is
the appearance of consent and it is capable of convalidation for the
simple reason that there are lucid intervals and there are cases
when the insanity is curable. He emphasized that psychological
incapacity does not refer to mental faculties and has nothing to do
with consent; it refers to obligations attendant to marriage.
'Justice Caguioa remarked that subparagraph (7) refers to
psychological impotence. Justice (Ricardo) Puno stated that sometimes a person may be psychologically impotent with one but not
with another. Justice (Leonor Ines- )Luciano said that it is called
selective impotency.
"Justice Reyes pointed out that the problem is: Why is 'insanity' a ground for voidable marriage, while 'psychological or mental
incapacity' is a ground for void ab initio marriages? In reply, Justice Caguioa explained that insanity is curable and there are lucid
intervals, while psychological incapacity is not.
xxx
15
i
I
xxx
xxx
"On psychological incapacity, Prof. (Flerida Ruth P.) Romero
inquired if they do not consider it as going to the very essence of
consent. She asked if they are really removing it from consent. In
reply, Justice Caguioa explained that, ultimately, consent in general is affected but he stressed that his point is that it is not
principally a vitiation of consent since there is a valid consent. He
objected to the lumping together of the validity of the marriage
celebration and the obligations attendant to marriage, which are
completely different from each other, because they require a different capacity, which is eighteen years of age, for marriage but in
contract, it is different. Justice Puno, however, felt that psychological incapacity is still a kind of vice of consent and that it should not
be classified as a voidable marriage which is incapable of
convalidation; it should be convalidated but there should be no
prescription. In other words, as long as the defect has not been
cured, there is always a right to annul the marriage and if the
defect has been really cured, it should be a defense in the action for
annulment so that when the action for annulment is instituted, the
issue can be raised that actually, although one might have been
psychologically incapacitated, at the time the action is brought, it
is no longer true that he has no concept of the consequence of
marriage.
"Prof. (Esteban) Bautista raised the question: Will not cohabi"Prof. Bautista stated that he is in favor of making Downloaded
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tation be a defense? In response, Justice Puno stated that even the
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bearing of children and cohabitation should not be a sign that
psychological incapacity has been cured.
comes manifest but later on he is cured. Justice Reyes and Justice
Caguioa opined that the remedy in this case is to allow him to
remarry.39
16
"Prof. Romero opined that psychological incapacity is still insanity of a lesser degree. Justice Luciano suggested that they
invite a psychiatrist, who is the expert on this matter. Justice
Caguioa, however, reiterated that psychological incapacity is not a
defect in the mind but in the understanding of the consequences of
marriage, and therefore, a psychiatrist will not be a help.
"Prof. Bautista stated that, in the same manner that there is
a lucid interval in insanity, there are also momentary periods when
there is an understanding of the consequences of marriage. Justice
Reyes and Dean Gupit remarked that the ground of psychological
incapacity will not apply if the marriage was contracted at the time
when there is understanding of the consequence of marriage.38
"xx x
xxx
"xx x
"Article 37. A marriage contracted by any party who, at
the time of the celebration, was psychologically incapacitated,
to comply with the essential obligations of marriage shall likewise be void from the beginning even if such incapacity becomes manifest after its solemnization.'
"Justice Caguioa suggested that 'even if' be substituted with
'although.' On the other hand, Prof. Bautista proposed that the
clause 'although such incapacity becomes manifest after its solemnization' be deleted since it may encourage one to create the manifestation of psychological incapacity. Justice Caguioa pointed out
that, as in other provisions, they cannot argue on the basis of
abuse.
i
·';
.
;
"Judge Diy proposed that they include physical incapacity to
copulate among the grounds for void marriages. Justice Reyes commented that in some instances the impotence is only temporary
and only with respect to a particular person. Judge Diy stated that
they can specify that it is incurable. Justice Caguioa remarked that
the term 'incurable' has a different meaning in law and in medicine. Judge Diy stated that 'psychological incapacity' can also be
cured. Justice Caguioa, however, pointed out that 'psychological
incapacity' is incurable.
"Justice Puno observed that under the present draft provision, it is enough to show that at the time of the celebration of the
marriage, one was psychologically incapacitated so that later on if
already he can comply with the essential marital obligations, the
marriage is still void ab initio. Justice Caguioa explained that since
in divorce, the psychological incapacity may occur after the marriage, in void marriages, it has to be at the time of the celebration
of marriage. He, however, stressed that the idea in the provision is
that at the time of the celebration of the marriage, one is psychologically incapacitated to comply with the essential marital obligations, which incapacity continues and iater becomes manifest.
"Justice Puno and Judge Diy, however, pointed out that it is
possible that after the marriage, one's psychological incapacity be-
xxx
"Justice Puno formulated the next Article as follows:
j
xxx
xxx
17
'
i
1
"Judge Diy suggested that they also include mental and physical incapacities, which are lesser in degree than psychological incapacity. Justice Caguioa explained that mental and physical
incapacities are vices of consent while psychological incapacity is
not a species of vice of consent.
"Dean Gupit read what Bishop Cruz said on the matter in the
minutes of their February 9, 1984 meeting:
.
~
:j
"On the third ground, Bishop Cruz indicated that the
phrase 'psychological or mental impotence' is an invention of
some churchmen who are moralists but not canonists, that is
why it is considered a weak phrase. He said that the Code of
Canon Law would rather express it as 'psychological or mental
incapacity to discharge .. .'
l
"Justice Caguioa remarked that they delete the word 'mental'
precisely to distinguish it from vice of consent. He explained that
'psychological incapacity' refers to lack of understanding of the essential obligations of marriage.
"Justice Puno reminded the members that, at the last meeting, they have decided not to go into the classification of 'psycho-
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logical incapacity' because there was a lot of debate on it and that
this- is precisely the reason why they classified it as a special case.
allow some resiliency in its application. Mme. Justice Alicia V.
Sempio-Diy, a member of the Code Committee, has been quoted by
Mr. Justice Josue N. Bellosillo in Salita vs. Hon. Magtolis (G.R. No.
106429, 13 June 1984); thus:41
18
"At this point, Justice Puno remarked that, since there have
been annulments of marriages arising from psychological incapacity, Civil Law should not reconcile with Canon Law because it is a
new ground even under Canon Law.
"Prof. Romero raised the question: With this common provision in Civil Law and in Canon Law, are they going to have a
provision in the Family Code to the effect that marriages annulled
or declared void by the church on the ground of psychological incapacity is automatically annulled in Civil Law? The other members
replied negatively.
"Justice Puno and Prof. Romero inquired if Article 37 should
be retroactive or prospective in application.
I
I
"Justice Caguioa suggested that they put in the prescriptive
period of ten years within which the action for declaration of nullity of the marriage should be filed in court. The Committee approved the suggestion. 40
It could well be that, in sum, the Family Code Revision Committee in ultimately deciding to adopt the provision with less
specificity than expected, has, in fact, so designed the law as to
who lack sufficient use of reason;
2.
who suffer from a grave defect of discretion of judgment
concerning essential matrimonial rights and duties, to be given
and accepted mutually;
3.
who for causes of psychological nature are unable to assume the essential obligations of marriage." (Italics supplied)
"The members voted as follows:
"(3) Prof. Baviera abstained.
A part of the provision is similar to Canon 1095 of the New
Code of Canon Law,42 which reads:
1.
"Dean Gupit suggested that they put the issue to a vote, which
the Committee approved.
"(2) Justice Caguioa, Judge Diy, Dean Gupit, Prof. Bautista
and Director Eufemia were for retroactivity.
"The Committee did not give any examples of psychological incapacity for fear that the giving of examples would limit
the applicability of the provision under the principle of ejusdem
generis. Rather, the Committee would like the judge to interpret· the provision on a case-to-case basis, guided by experience, the findings of experts and researchers in psychological
disciplines, and by decisions of church tribunals which, although
not binding on the civil courts, may be given persuasive effect
since the provision was taken from Canon Law.
"Canon 1095. They are incapable of contracting marriage:
"Judge Diy opined that she was for its retroactivity because it
is their answer to the problem of church annulments of marriages,
which are still valid under the Civil Law. On the other hand, Justice Reyes and Justice Puno were concerned about the avalanche of
cases.
"(1) Justice Reyes, Justice Puno and Prof. Romero were for
prospectivity.
19
II
I
Accordingly, although decisive nor even perhaps all that persuasive for having no juridical or secular effect, the jurisprudence
under Canon Law prevailing at the time of the code's enactment,
nevertheless, cannot be dismissed as impertinent for its value as
an aid, at least, to the interpretation or construction of the codal
provision.
One author, Ladislas Orsy, S.J., in his treatise,43 giving an
account on how the third paragraph of Canon 1095 has been framed,
states:
"The history of the drafting of this canon does not leave
any doubt that the legislator intended, indeed, to broaden th~
rule. A strict and narrow norm was proposed first:
ln her "Handbook on the Family Code."
Marriage in Canon Law, Delaware: Michael Glazier, Inc., 1986, pp. 129-130.
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42
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"Those who cannot assume the essential obligations of
marriage because of a grave psycho-sexual anomaly (ob gravem
anomaliam psychosexualem) are unable to contract marriage
(cf. SCH/1975, Canon 297, a new canon, novus);
then a broader one followed:
' ... because of a grave psychological anomaly (ob gravem
anomaliam psychicam) .. .'(cf. SCH/1980, Canon 1049);
then the same wording was retained in the text submitted to the
pope (cf. SCH/1982, Canon 1095, 3);
II
i
I
finally, a new version was promulgated:
'because of causes of a psychological nature (ob causas
naturea psychiae).'
"So the progress was from psycho-sexual to psychological
anomaly, then the term anomaly was altogether eliminated. It
would be, however, incorrect to draw the conclusion that the
cause of the incapacity need not be some kind of psychological
disorder; after all, normal and health person should be able to
assume the ordinary obligations of marriage."
Fr. Orsy concedes that the term "psychological incapacity" defies any precise definition since psychological causes can be of an
infinite variety.
In a book, entitled "Canons and Commentaries on Marriage,"
written by Ignatius Gramunt, Javier Hervada and LeRoy Wauck,
the following explanation appears:
"This incapacity consists of the following: (a) a true inability to commit oneself to the essentials of marriage. Some
psychosexual disorders and other disorders of personality can
be the psychic cause of this defect, which is here described in
legal terms. This particular type of incapacity consists of a real
inability to render what is due by the contract. This could be
compared to the incapacity of a farmer to enter a binding contract to deliver the crops which he cannot possibly reap; (b) this
inability to commit oneself must refer to the essential obligations of marriage; the conjugal act, the community of life and
love, the rendering of mutual help, the procreation and education of offspring; (c) the inability must be tantamount to a
psychological abnormality. The mere difficulty of assuming these
oblieations, which could be overcome by normal effort, oboi-
I
21
ously does not constitute incapacity. The canon contemplates a
true psychological disorder which incapacitates a person from
giving what is due (cf. John Paul II, Address to R. Rota, Feb. 5,
1987). However, if the marriage is to be declared invalid under
this incapacity, it must be proved not only that the person is
affiicted by a psychological defect, but that the defect did in
fact deprive the person, at the moment of giving consent, of the
ability to assume the essential duties of marriage and consequently of the possibility of being bound by these duties."
Justice Sempio-Diy44 cites with approval the work of Dr.
Gerardo Veloso, a former Presiding Judge of the Metropolitan Marriage Tribunal of the Catholic Archdiocese of Manila (Branch I),
who opines that psychological incapacity must be characterized by
(a) gravity, (b) juridical antecedence, and (c) incurability. The incapacity must be grave or serious such that the party would be incapable of carrying out the ordinary duties required in marriage; it
must be rooted in the history of the party antedating the marriage,
although the overt manifestations may emerge only after the marriage; and it must be incurable or, even if it were otherwise, the
cure would be beyond the means of the party involved.
It should be obvious, looking at all the foregoing disquisitions,
including, and most importantly, the deliberations of the Family
Code Revision Committee itself, that the use of the phrase "psychological incapacity" under Article 36 of the Code has not been meant
to comprehend all such possible cases of psychoses as, likewise
mentioned by some ecclesiastical authorities, extremely low intelligence, immaturity, and like circumstances (cited in Fr. Artemio
Baluma's ''Void and Voidable Marriages in the Family Code and
their Parallels in Canon Law," quoting from the Diagnostic Statistical Manual of Mental Disorder by the American Psychiatric Association; Edward Hudson's "Handbook II for Marriage Nullity Cases").
Article 36 of the Family Code cannot be taken and construed independently of, but must stand in conjunction with, existing precepts
in our law on marriage. Thus correlated, "psychological incapacity"
should refer to no less than a mental (not physical) incapacity that
causes a party to be truly incognitive of the basic marital covenants that concomitantly must be assumed and discharged by the
parties to the marriage which, as so expressed by Article 68 of the
Family Code, include their mutual obligations to live together, observe love, respect and fidelity and render help and support. There
44Handbook
on the Family Code, First Edition, 1988.
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is hardly any doubt that the intendment of the law has been to
confine the meaning of "psychological incapacity" to the most serious cases of personality disorders clearly demonstrative of an utter
insensitivity or inability to give meaning and significance to the
marriage. This psychologic condition must exist at the time the
marriage is celebrated. The law does not evidently envision, upon
the other hand, an inability of the spouse to have sexual relations
with the other. This conclusion is implicit under Article 54 of the
Family Code which considers children conceived prior to the judicial declaration of nullity of the void marriage to be "legitimate."
The other forms of psychoses, if existing at the inception of
marriage, like the state of a party being of unsound mind or concealment of drug addiction, habitual alcoholism, homosexuality or
lesbianism, merely renders the marriage contract voidable pursuant to Article 46, Family Code. If drug addiction, habitual alcoholism, lesbianism or homosexuality should occur only during the marriage, they become mere grounds for legal separation under Article
55 of the Family Code. These provisions of the code, however, do
not necessarily preclude the possibility of these various circumstances being themselves, depending on the degree and severity of
the disorder, indicia of psychological incapacity.
Until further statutory and jurisprudential parameters are
established, every circumstance that may have some bearing on
the degree, extent, and other conditions of that incapacity must, in
every case, be carefully examined and evaluated so that no precipitate and indiscriminate nullity is peremptorily decreed. The wellconsidered opinions of psychiatrists, psychologists, and persons with
expertise in psychological disciplines might be helpful or even desirable.
Marriage is not just an adventure but a lifetime commitment.
We should continue to be reminded that innate in our society, then
enshrined in our Civil Code, and even now still indelible in Article
1 of the Family Code, is that "Article 1. Marriage is a special contract of permanent
union between a man and a woman entered into in accordance
with law for the establishment of conjugal and family life. It is
the foundation of the family and an inviolable social institution
whose nature, consequences, and incidents are governed by
law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within
the limits provided by this code." (Italics supplied)
23
Our Constitution is no less emphatic:
"Section 1. The State recognizes the Filipino family as th~
foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development.
"Section 2. Marriage, as an inviolable social institution;, is th_e
foundation of the family and shall be protected by the State. (Article XV, 1987 Constitution).
The above provisions express so well and s_o distinctly the
basic nucleus of our laws on marriage and the family, and they are
no doubt the tenets we still hold on to.
The factual settings in the case at bench, in no measure ~t all,
can come close to the standards required to decree a nullity of
marriage. Undeniably and understandably, Leouel stands a_ggneved,
even desperate, in his present situation. Regretta~ly, neither law
nor society itself can always provide all the specific answers to
every individual problem.
WHEREFORE, the petition is DENIED.
SO ORDERED.
Narvasa (C.J.), Bidin, Regalado, Davide, Jr., Bellosillo, Melo,
Quiason, Puno, Kapunan and Mendoza, JJ., concur.
Feliciano, J., on leave.
Padilla, J., See dissent.
Romero, J., See separate concurring opinion.
(Dissenting and separate opinions are omitted.)
CASE BRIEF
Santos v. CA, 240 SCRA 20, January 4, 1995
(En Banc), J. Vitug
Facts: Plaintiff Leouel Santos married defendant Julia Bedia
on September 20, 1986. On May 18, 1988, J~lia left for the U.S.
She did not communicate with Leouel and did not retur:i to the
country. In 1991, Leouel filed with the RTC of Negros Oriental,_ a
complaint for voiding of the marriage _under Art. 36 of the Family
Code. The RTC dismissed the complamt and the CA affirmed the
dismissal.
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Issue: Does the failure of Julia to return home, or at the very
least to communicate with him, for more than five years constitute
psychological incapacity?
nitions or statements have evolved as courts have put together the
decisions of many related cases. The judges who have formulated
those definitions or statements have worked inductively. They have
analyzed the outcome of each case and then combined those separate analyses into a coherent whole to form general principles about
the area of the law. These general principles are then expressed at
a level of abstraction that encompasses the particular holdings of
all of the individual cases.
24
Ruling: No, the failure of Julia to return home or to communicate with her husband Leouel for more than five years does not
constitute pyschological incapacity.
Psychological incapacity must be characterized by a) gravity,
b) juridical antecedence, and c) incurability.
Psychological incapacity should refer to no less than a mental
(not physical) incapacity that causes a party to be truly incognitive
of the basic marital covenants that concomitantly must be assumed
and discharged by the parties to the marriage which, as so expressed by Article 68 of the Family Code, include their mutual
obligations to live together, observe love, respect and fidelity and
render help and support.
The intendment of the law has been to confine the meaning of
"psychological incapacity" to the most serious cases of personality
disorders clearly demonstrative of an utter insensitivity or inability to give meaning and significance to the marriage. This
psychologic condition must exist at the time the marriage is celebrated.
Undeniably and understandably, Leouel stands aggrieved, even
desperate, in his present situation. Regrettably, neither law nor
society itself can always provide all the specific answers to every
individual problem.
Petition is denied.
C.
Synthesizing Cases
You will rarely work on a problem for which there is only one
case precedent. More likely, your research for a problem will turn
up many cases relevant to the problem. In order to use the principles that those· cases offer to resolve your problem, you must relate
the cases to each other, that is, synthesize them. In that way, you
can understand the applicable area of law and then use the synthesis to analyze your problem.
I
I
.,
~
II
I
25
When you analyze a legal problem, such as one of your class
assignments, you will do further synthesis of your own. Synthesizing is the step between your research and your writing. You do
research by reading one case at a time. If in your writing you
merely report each case, one at a time, then you have compiled a
list of case briefs, but you have not analyzed a topic.
D.
Exercise in Synthesizing Cases
Let us now digest the other cases dealing on psychological
incapacity and then synthesize these cases.
C-·
1.
Briefing of Each Relevant Case
CID MING TSOI, petitioner, v. COURT OF APPEALS
and GINALAO-TSOI, respondents, G.R. No. 119190,
Jan. 16, 1997 (Second Division)
TORRES, Jr., J.:
Man has not invented a reliable compass by which to steer a
marriage in its journey over troubled waters. Laws are seemingly
inadequate. Over time, much reliance has been placed in the works
of the unseen hand of Him who created all things.
Who is to blame when a marriage fails?
This case was originally commenced by a distraught wife
against her uncaring husband in the Regional Trial Court of Quezon
City (Branch 89) which decreed the annulment of the marriage on
the ground of psychological incapacity. Petitioner appealed the decision of the trial court to respondent Court of Appeals (CA-G.R.
The courts will frequently have done some synthesis for you.
CV No. 42758) which affirmed the Trial Court's decision on NovemOften, in reading cases, you will see definitions of a claim for relief,
ber 29, 1994 and correspondingly denied the motion for reconsiddefi- by Johnny English (cyanide0827@gmail.com)
or statements followed by a string of citations. Usually, these
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The statement of the case and of the facts made by the trial
court and reproduced by the Court of Appeals45 in its decision are
as follows:
"From the evidence adduced,
preponderantly. established:
the following facts were
"Sometime on May 22, 1988, the plaintiff married the
defendant at the Manila Cathedral, x x x Intramuros Manila,
as evidenced by their Marriage Contract. (Exh. "A")
"After the celebration of their marriage and wedding reception at the South Villa, Makati, they went and proceeded
to the house of defendant's mother.
"There, they slept together on the same bed in the same
room for the first night of their married life.
"It is the version of the plaintiff, that contrary to her
expectations, that as newlyweds they were supposed to enjoy
making love, or having sexual intercourse, with each other;
the defendant just went to bed, slept on one side thereof, then
turned his back and went to sleep. There was no sexual intercourse between them during the first night. The same thing
happened on the second, third and fourth nights.
"In an effort to have their honeymoon in a private place
where they can enjoy together during their first week as husband and wife, they went to Baguio City. But, they did so
together with her mother, an uncle, his mother and his nephew.
They were all invited by the defendant to join them. [T]hey
stayed in Baguio City for four (4) days. But, during this period, there was no sexual intercourse between them, since the
defendant avoided her by taking a long walk during siesta
time or by just sleeping on a rocking chair located at the
living room. They slept together in the same room and on the
same bed since May 22, 1988 until March 15, 1989. But during this period, there was no attempt of sexual intercourse
between them. [S]he claims, that she did not even see her
husband's private parts nor did he see hers.
"Thirteenth Division: Minerva Gonzaga-Reyes,
Montenegro and Antonio P. Solano, JJ., concurring.
J., ponente, Eduardo
G.
27
"Because of this, they submitted themselves for medical
examinations to Dr. Eufemio Macalalag, a urologist at the
Chinese General Hospital, on January 20, 1989.
~
I
I
II
"The results of their physical examinations were that
she is healthy, normal and still a virgin, while that of her ·
husband's examination was kept confidential up to this time.
While no medicine was prescribed for her, the doctor prescribed medications for her husband which was also kept confidential. No treatment was given to her. For her husband, he
was asked by the doctor to return but he never did.
"The plaintiff claims, that the defendant is impotent, a
closet homosexual as he did not show his penis. She said, that
she had observed the defendant using an eyebrow pencil and
sometimes the cleansing cream of his mother. And that, according to her, the defendant married her, a Filipino citizen,
to acquire or maintain his residency status here in the country and to publicly maintain the appearance of a normal man.
"The plaintiff is not willing to reconcile with her husband.
"On the other hand, it is the claim of the defendant that
if their marriage shall be annulled by reason of psychological
incapacity, the fault lies with his wife.
"But, he said that he does not want his marriage with
his wife annulled for several reasons, viz: (1) that he loves her
very much; (2) that he has no defect on his part and he is
physically and psychologically capable; and, (3) since the relationship is still very young and if there is any differences
between the two of them, it can still be reconciled and that,
according to him, if either one of them has some incapabilities,
there is no certainty that this will not be cured. He further
claims, that if there is any defect, it can be cured by the
intervention of medical technology or science.
"The defendant admitted that since their marriage on
May 22, 1988, until their separation on March 15, 1989, there
was no sexual contact between them. But, the reason for this,
according to the defendant, was that everytime he wants to
have sexual intercourse with his wife, she always avoided him
and whenever he caresses her private parts, she always removed his hands. The defendant claims, that he forced his
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wife to have sex with him only once but he did not continue
because she was shaking and she did not like it. So he stopped.
"There are_ two (2) reasons, according to the defendant,
why the plaintiff filed this case against him, and these are: (1)
that she is afraid that she will be forced to return the pieces of
jewelry of his mother, and, (2) that her husband, the defendant, will consummate their marriage.
"The defendant insisted that their marriage will remain
valid because they are still very young and there is still a
chance to overcome their differences.
"The defendant submitted himself to a physical examination. His penis was examined by Dr. Sergio Alteza, Jr., for
the purpose of finding out whether he is impotent. As a result
thereof, Dr. Alteza submitted his Doctor's Medical Report. (Exh.
"2"). It is stated there, that there is no evidence of impotency
(Exh. "2-B"), and he is capable of erection. (Exh. "2-C")
"The doctor said, that he asked the defendant to masturbate to find out whether or not he has an erection and he
found out that from the original size of two (2) inches, or five
(5) centimeters, the penis of the defendant lengthened by one
(1) inch and one centimeter. Dr. Alteza said, that the defendant had only a soft erection which is why his penis is not in its
full length. But, still is capable of further erection, in that
with his soft erection, the defendant is capable of having sexual
intercourse with a woman.
"In open Court, the Trial Prosecutor manifested that there
is no collusion between the parties and that the evidence is
not fabricated.?"
After trial, the court rendered judgment, the dispositive
portion of which reads:
"ACCORDINGLY, judgment is hereby rendered declaring as VOID the marriage entered into by the plaintiff with
the defendant on May 22, 1988 at the Manila Cathedral, Basilica of the Immaculate Concepcion, Intramuros, Manila, before the Rt. Rev. Msgr. Melencio de Vera. Without costs. Let a
copy of this decision be furnished the Local Civil Registrar of
46
Rollo, pp. 20-24.
29
Quezon City. Let another copy be furnished the Local Civil
Registrar of Manila.
"SO ORDERED."
On appeal, the Court of Appeals affirmed the trial court's
decision.
Hence, the instant petition.
Petitioner alleges that the respondent Court of Appeals erred:
I
in affirming the conclusions of the lower court that there was no
sexual intercourse between the parties without making any findings of fact.
II
in holding that the refusal of private respondent to have sexual
communion with petitioner is a psychological incapacity inasmuch
as proof thereof is totally absent.
III
in holding that the alleged refusal of both the petitioner and the
private respondent to have sex with each other constitutes psychological incapacity of both.
IV
in affirming the annulment of the marriage between the parties
decreed by the lower court without fully satisfying itself that there
was no collusion between them.
We find the petition to be bereft of merit.
Petitioner contends that being the plaintiff in Civil Case No.
Q-89-3141, private respondent has the burden of proving the all~gations in her complaint; that since there was no indepe~dent eVIdence to prove the alleged non-coitus between the parties, there
remains no other basis for the court's conclusion except the admission of petitioner; that public policy should aid acts intended to
validate
marriage and should retard acts intended to invalidate
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them; that the conclusion drawn by the trial court on the admissions and confessions of the parties in their pleadings and in the
course of the trial is misplaced since it could have been a product of
collusion; and that in actions for annulment of marriage, the material facts alleged in the complaint shall always be proved.47
"The judgment of the trial court which was affirmed by this
Court is not based on a stipulation of facts. The issue of whether or
not the appellant is psychologically incapacitated to discharge a
basic marital obligation was resolved upon a review of both the
documentary and testimonial evidence on record. Appellant admitted that he did not have sexual relations with his wife after almost
ten months of cohabitation, and it appears that he is not suffering
from any physical disability. Such abnormal reluctance or unwillingness to consummate his marriage is strongly indicative of a
serious personality disorder which to the mind of this Court clearly
demonstrates an 'utter insensitivity or inability to give meaning
and significance to the marriage' within the meaning of Article 36
of the Family Code (See Santos vs. Court of Appeals, G.R No. 112019,
January 4, 1995)."48
30
Section 1, Rule 19 of the Rules of Court reads:
"Section 1. Judgment on the pleadings. - Where an answer fails to tender an issue, or otherwise admits the material
allegations of the adverse party's pleading, the court may, on
motion of that party, direct judgment on such pleading. But in
actions for annulment of marriage or for legal separation the
material facts alleged in the complaint shall always be proved."
The foregoing provision pertains to a judgment on the pleadings. What said provision seeks to prevent is annulment of marriage without trial. The assailed decision was not based on such a
judgment on the pleadings. When private respondent testified under oath before the trial court and was cross-examined by oath
before the trial court and was cross-examined by the adverse party,
she thereby presented evidence in the form of a testimony. After
such evidence was presented, it became incumbent upon petitioner
to present his side. He admitted that since their marriage on May
22, 1988, until their separation on March 15, 1989, there was no
sexual intercourse between them.
To prevent collusion between the parties is the reason why, as
stated by the petitioner, the Civil Code provides that no judgment
annulling a marriage shall be promulgated upon a stipulation of
facts or by confession of judgment (Arts. 88 and 101 [par. 21) and
the Rules of Court prohibit such annulment without trial (Sec. 1,
Rule 19).
The case has reached this Court because petitioner does not
want their marriage to be annulled. This only shows that there is
no collusion between the parties. When petitioner admitted that he
and his wife (private respondent) have never had sexual contact
with each other, he must have been only telling the truth. We are
reproducing the relevant portion of the challenged resolution denying petitioner's Motion for Reconsideration, penned with magisterial lucidity by Associate Justice Minerva Gonzaga-Reyes, viz.:
=iua.
Petitioner further contends that respondent court erred in
holding that the alleged refusal of both the petitioner and the private respondent to have sex with each other constitutes psychological incapacity of both. He points out as error the failure of the trial
court to make "a categorical finding about the alleged psychological
incapacity and an in-depth analysis of the reasons for such refusal
which may not be necessarily due to psychological disorders" because there might have been other reasons - i.e., physical disorders, such as aches, pains or other discomforts, - why private
respondent would not want to have sexual intercourse from May
22, 1988 to March 15, 1989, in a short span of 10 months.
First it must be stated that neither the trial court nor the
respondent court made a finding on who between petitioner and
private respondent refuses to have sexual contact with the other.
The fact remains, however, that there has never been coitus between them. At any rate, since the action to declare the marriage
void may be filed by either party, i.e., even the psychologically
incapacitated, the question of who refuses to have sex with the
other becomes immaterial.
Petitioner claims that there is no independent evidence on record
to show that any of the parties is suffering from psychological incapacity. Petitioner also claims that he wanted to have sex with private
respondent; that the reason for private respondent's refusal may not
be psychological but physical disorder as stated above.
Rollo,
48
p. 34.
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We do not agree. Assuming it to be so, petitioner could have
discussed with private respondent or asked her what is ailing her,
and why she balks and avoids him everytime he wanted to have
sexual intercourse with her. He never did. At least, there is nothing
in the record to show that he had tried to find out or discover what
the problem with his wife could be. What he presented in evidence
is his doctor's Medical Report that there is no evidence of his impotency and he is capable of erection.49 Since it is petitioner's claim
that the reason is not psychological but perhaps physical disorder
on the part of private respondent, it became incumbent upon him
to prove such a claim.
"If a spouse, although physically capable but simply refuses to
perform his or her essential marital obligations, and the refusal is
senseless and constant, Catholic marriage tribunals attribute the
causes to psychological incapacity than to stubborn refusal. Senseless and protracted refusal is equivalent to psychological incapacity. Thus, the prolonged refusal of a spouse to have sexual intercourse with his or her spouse is considered a sign of psychological
incapacity.'"?
Evidently, one of the essential marital obligations under the
Family Code is "To procreate children based on the universal principle that procreation of children through sexual cooperation is the
basic end of marriage." Constant non-fulfillment of this obligation
will finally destroy the integrity or wholeness of the marriage. In
the case at bar, the senseless and protracted refusal of one of the
parties to fulfill the above marital obligation is equivalent to psychological incapacity.
As aptly stated by the respondent court,
"An examination of the evidence convinces Us that the
husband's plea that the wife did not want carnal intercourse
with him does not inspire belief. Since he was not physically
impotent, but he refrained from sexual intercourse during the
entire time (from May 22, 1988 to March 15, 1989) that he
occupied the same bed with his wife, purely out of sympathy
for her feelings, he deserves to be doubted for not having
49Exhs.
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asserted . his rights even though she balked (Tompkins vs.
Tompkins, 111 Atl. 599, cited in I, Civil Code, Paras at p. 3~0).
Besides, if it were true that it is the wife who was suffenng
from incapacity, the fact that defendant did not go to court
and seek the declaration of nullity weakens his claim. This
case was instituted by the wife whose normal expectations of
her marriage were frustrated by her husband's inadequacy.
Considering the innate modesty of the Filipino woman, it is
hard to believe that she would expose her private life to public
scrutiny and fabricate testimony against her husband if it
were not necessary to put her life in order and put to rest her
marital status.
''We are not impressed by defendant's claim that what
the evidence proved is the unwillingness or lack of intention
to perform the sexual act, which is not psychological incapacity, and which can be achieved "through proper motivation."
After almost ten months of cohabitation, the admission that
the husband is reluctant or unwilling to perform the sexual
act with his wife whom he professes to love very dearly, and
who has not posed any insurmountable resistance to his alleged approaches, is indicative of a hopeless situation, and of
a serious personality disorder that constitutes psychological
incapacity to discharge the basic marital covenants within the
contemplation of the Family Code."51
While the law provides that the husband and the wife are
obliged to live together, observe mutual love, respect and fidelity
(Art. 68, Family Code), the sanction therefor is actually the "spontaneous mutual affection between husband and wife and not any
legal m~ndate of court order" (Cuaderno us. Cuaderno, 120 Phil.
1298). Love is useless unless it is shared with another. Indeed, no
man is an island, the cruelest act of a partner in marriage is to say
"I could not have cared less." This is so because an ungiven self is
an unfulfilled self. The egoist has nothing but himself. In the natural order, it is sexual intimacy which brings spouses wholeness and
oneness. Sexual intimacy is a gift and a participation in the mystery of creation. It is a function which enlivens the hope of procreation and ensures the continuation of family relations.
"2," "2-B," and "2-C."
Psychological Incapacity, G.T. Veloso, p. 20, cited in The Family Code of the
50
Philippines Annotated, Pineda, 1989 ed., p. 51.
33
51Decision, pp. 11-12; Rollo, pp. 30-31.
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It appears that there is absence of empathy between petitioner and private respondent. That is - a shared feeling which
between husband and wife must be experienced not only by having
spontaneous sexual intimacy but a deep sense of spiritual communion. Marital union is a two-way process. An expressive interest
in each other's feelings at a time it is needed by the other can go a
long way in deepening the marital relationship. Marriage is definitely not for children but for two consenting adults who view the
relationship with love (amor gignit amorem), respect, sacrifice and
a continuing commitment to compromise, conscious of its value as
a sublime social institution.
In the case at bar, the senseless and protracted refusal of one
of the parties to fulfill the above marital obligation is equivalent to
psychological incapacity.
This Court, finding the gravity of the failed relationship in
which the parties found themselves trapped in its mire of unfulfilled vows and unconsummated marital obligations, can do no less
but sustain the studied judgment of respondent appellate court.
IN VIEW OF THE FOREGOING PREMISES, the assailed
decision of the Court of Appeals dated November 29, 1994 is hereby
AFFIRMED in all respects and the petition is hereby DENIED for
lack of merit.
CASE BRIEF
Chi Ming Tsoi v. CA, 266 SCRA 324,
Jan. 16, 1997, J. Torres, Jr.
Facts: On May 22, 1988, Gina Lao married Chi Ming Tsoi.
Since their marriage until their separation on March 15, 1989,
there was no sexual contact between them. Gina filed a case of
annulment of marriage on the ground of psychological incapacity
with the RTC of Quezon City. The RTC granted annulment which
was affirmed by the CA.
Issue: Is the failure of the husband to have sexual intercourse with his wife from the time of the marriage. until their
separation on March 15, 1989 a ground for psychological incapacity.
35
Judgment AFFIRMED.
REPUBLIC OF THE PHILIPPINES, petitioner, v. COURT
OF APPEALS and RORIDEL OLAVIANO MOLINA,
respondents, G.R. No. 108763, Feb. 13, 1997
PANGANIBAN, J.:
The Family Code of the Philippines provides an entirely new
ground (in addition to those enumerated in the Civil Code) to assail
the validity of a marriage, namely, "psychological incapacity." Since
the Code's effectivity, our courts have been swamped with various
petitions to declare marriages void based on this ground. Although
this Court had interpreted the meaning of psychological incapacity
in the recent case of Santos u. Court ofAppeals, still many judges
and lawyers find difficulty in applying said novel provision in specific cases. In the present case and in the context of the herein
assailed Decision of the Court of Appeals, the Solicitor General has
labelled - exaggerated to be sure but nonetheless expressive of his
frustration - Article 36 as the "most liberal divorce procedure in
the world." Hence, this Court, in addition to resolving the present
case, finds the need to lay down specific guidelines in the interpretation and application of Article 36 of the Family Code.
Before us is a petition for review on certiorari under Rule 45
challenging the January 25, 1993 Decision52 of the Court of Appeals" 2 in CA-G.R. CV No. 34858 affirming in toto the May 14,
1991 decision of the Regional Trial Court of La Trinidad, 54 Benguet,
which declared the marriage of respondent Roridel Olaviano Molina
to Reynaldo Molina void ab initio, on the ground of "psychological
incapacity" under Article 36 of the Family Code.
Ruling: One of the essential marital obligations under the
52Rollo
pp. 25-33.
Family Code is "to procreate children based on the universal prin53Sixteenth
Division composed of J. Segundino G. Chua, ponente and chairciple that procreation of children through sexual cooperation is the
man; JJ., Serafin V.C., Guingona and Ricardo P. Galvez, JJ., concurring.
Presided by Judge Heilia S. Mallare-Phillipps.
basic end of marriage."
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2.
That out of their marriage, a child named Albert
Andre Glaviano Molina was born on July 29, 1986;
The Facts
This case was commenced on August 16, 1990 with the filing
by respondent Roridel 0. Molina of a verified petition for declaration of nullity of her marriage to Reynaldo Molina. Essentially, the
petition alleged that Roridel and Reynaldo were married on April
14, 1985 at the San Agustin Church55 in Manila; that a son, Andre
0. Molina was born; that after a year of marriage, Reynaldo showed
signs of "immaturity and irresponsibility" as a husband and a father since he preferred to spend more time with his peers and
friends on whom he squandered his money; that he depended on
his parents for aid and assistance, and was never honest with his
wife in regard to their finances, resulting in frequent quarrels between them; that sometime in February 1986, Reynaldo was relieved of his job in Manila, and since then Roridel had been the sole
breadwinner of the family; that in October 1986 the couple had a
very intense quarrel, as a result of which their relationship was
estranged; that in March 1987, Roridel resigned from her job in
Manila and went to live with her parents in Baguio City; that a few
weeks later, Reynaldo left Roridel and their child, and had since
then abandoned them; that Reynaldo had thus shown that he was
psychologically incapable of complying with essential marital obligations and was a highly immature and habitually quarrelsome
individual who thought of himself as a king to be served; and that
it would be to the couple's best interest to have their marriage
declared null and void in order to free them from what appeared to
be an incompatible marriage from the start.
In his Answer filed on August 28, 1989, Reynaldo admitted
that he and Roridel could no longer live together as husband and
wife, but contended that their misunderstandings and frequent quarrels were due to (1) Roridel's strange behavior of insisting on maintaining her group of friends even after their marriage; (2) Roridel's
refusal to perform some of her marital duties such as cooking meals;
and (3) Roridel's failure to run the household and handle their
finances.
l
3.
That the parties are separated-in-fact for more than
three years;
4.
That petitioner
her child;
5.
is not asking support for her and
That the respondent is not asking for damages;
1
6.
That the common child of the parties is in the custody of the petitioner wife."
i
Evidence for herein respondent,Wlfe consisted of her own
testimony and that of her friends Rosemarie Ventura and Maria
Leonora Padilla as well as of Ruth G. Lalas, a social worker,
and of Dr. Teresita Hidalgo-Sison, a psychiatrist of the Baguio
General Hospital and Medical Center. She also submitted documents marked as Exhibits "A" to "E-1." Reynaldo did not
present any evidence as he appeared only during the pre-trial
conference.
4
,!
I
On May 14, 1991, the trial court rendered judgment declaring the marriage void. The appeal of petitioner was denied
by the Court of Appeals which affirmed in toto the RTC's
decision. Hence, the present recourse.
The Issue
In his petition, the Solicitor General insists that "the Court
of Appeals made an erroneous and incorrect interpretation of
the phrase 'psychological incapacity' (as provided under Art. 36
of the Family Code) and made an incorrect application thereof
to the facts of the case," adding that the appealed Decision
tended "to establish in effect the most liberal divorce procedure
in the world which is anathema to our culture."
In denying the Solicitor General's appeal, the respondent
Court relied56 heavily on the trial court's findings "that the
During the pre-trial on October 17, 1990, the following were
stipulated:
"The Court of Appeals reproduced in its Decision a substantial portion of the
RTC Decision as follows:
"To sustain her claim that respondent is psychologically incapacitated to comply with his marital obligations, petitioner testified that he ~s immature, irresponsible, dependent, disrespect, arrogant, a chrome liar, and an mfidel. These characterDownloaded by Johnny English (cyanide0827@gmail.com)
"1. That the parties herein were legally married on April
14, 1985 at the Church of St. Augustine, Manila;
Solemnized by Fr. Jesus G. Encinas.
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LEGAL RESEARCH
marriage between the parties broke up because of their opposing and conflicting personalities." Then, it added its own opinion that "the Civil Code Revision Committee (hereinafter re' fer.red to as the Committee) intended to liberalize the application of our civil laws on personal and family rights x x x." It
concluded that:
'
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39
"As a ground for annulment of marriage, We view psychological incapacity as a broad range of mental and behavioral
conduct on the part of one spouse indicative of how he or she
regards the marital union, his or her personal relationship
with the other spouse, as well as his or her conduct in the
long haul for the attainment of the principal objectives of
marriage. If said conduct, observed and considered as a whole,
tends to cause the union to self-destruct because it defeats the
very objectives of marriage, then there is enough reason to
leave the spouses to their individual fates.
\sties of respondent are based on petitioner's testimony that the former failed to be
g~infully employed. after he was relieved from the Office of the Government Corporate Counsel sometime m February 1986, leaving petitioner as the sole breadwinner
In the case at bar, We find that the trial judge committed
of \he family. ~so when they were separated in fact, respondent practically abanno
indiscretion
in analyzing and deciding the instant case, as
d_on\;d both petitioner-mother and son except during the first few months of separait
did,
hence,
We
find no cogent reason to disturb the findings
tion \when respondent regularly visited his son and gave him a monthly allowance of
Pl,000.00 for about two to four months. Respondent is likewise dependent on his
and conclusions thus made."
parents for financ_ial aid and support as he has no savings, preferring to spend his
money with his friends and peers. A year after their marriage, respondent informed
Respondent, in her Memorandum, adopts these discussions of
pe_hhoner that he bought a house and lot at BF Homes, Paranaque for about a
the Court of Appeals.
million pesos. They then transferred there only for the ·petitioner to discover a few
I
months later_ that they were actually renting the house with the respondent's parThe petitioner, on the other hand, argues that "opposing and
ents responsible for the payment of the rentals. Aside from this, respondent would
conflicting
personalities" is not equivalent to psychological incapaca'.so he about his salary and ability. And that at present, respondent is living with
ity, explaining that such ground "is not simply the neglect by the
his mistress and their child, which fact he does not deny.
. It is unfortunate that the marriage between petitioner and respondent turned
parties to the marriage of their responsibilities and duties, but a
sour if we look at ~he b~ckground of their relationship. During their college days,
defect in their psychological nature which renders them incapable
~hen they were still gomg steady, respondent observed petitioner to be conservaof performing such marital responsibilities and duties."
tive, homely, and intelligent causing him to believe then that she would make an
i~eal wife and mother. Likewise, petitioner fell in love with respondent because of
his thoughtfulness and gentleness. After a year, however, they decided to break
The Court's Ruling
their relationship because of some differences in their personalities. Almost five (5)
yea:s later, while they were working in Manila, petitioner and respondent rekindled
The petition is meritorious.
their love affair. They became very close and petitioner was glad to observe a more
mature respondent. Believing that they know each other much better after two
In Leouel Santos vs. Court of Appeals,57 this Court, speaking
years of going steady, they decided to settle down and get married. It would seem
Mr. Justice Jose C. Vitug, ruled that "psychological incapacity
thru
therefore, that petitioner and respondent knew each other well and were then
prepared for married life.
Durin~ their marri~ge, however, the true personalities of the parties croppedup and dommated_ their life together. Unexpectedly on both their parts, petitioner
and respondent failed to respond properly to the situation. This failure resulted in
Code). The unique element of permanency of union signifies a continuing, developing,
their frequent arguments and fightings. In fact, even with the intervention and help
and lifelong relationship between the parties. Towards this end, the parties must
of their parents who arranged for their possible reconciliation, the parties could not
fully understand and accept the (implications and consequences of being permanently)
come to terms.
united in marriage. And the maintenance of this relationship demands from the
It seems_ clear a~ this state that the marriage between the parties broke-up
parties, among others, determination to succeed in their marriage as well as heartfelt
because of their opposmg and conflicting personalities (sic). Neither of them can
understanding, acceptance, cooperation, and support for each other. Thus, the Family
accept and understand the weakness of the other. No one gives in and instead,
Code requires them to live together, to observe mutual (love, respect and fidelity,
blame each other for whatever problem or misunderstanding/s they encounter. In
and render mutual help and support. Failure to observe) and perform these
fine, respondent cannot be solely responsible for the failure of other (sic) marriage.
fundamental roles of a husband and a wife will most likely lead to the break-up of
Rather, this resulted because both parties cannot related to each other as husband
the marriage. Such is the unfortunate situation in this case." (Decision, pp. 5-8;
and wife which is unique and requisite in marriage.
Original Records, pp. 70- 73)
Marriage is a special contract of permanent union between a man and woman
57240 SCRA 20, 34, January 4, 1995.
with the basic objective of establishing a conjugal and family life. (Article 1, Family
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41
should refer to no less than a mental (not physical) incapacity xx x
and that (t)here is hardly any doubt that the intendment of the law
has been to confine the meaning of 'psychological incapacity' to the
most serious cases of personality disorders clearly demonstrative of
an utter insensitivity or inability to give meaning and significance
to the marriage. This psychologic condition must exist at the time
the marriage is celebrated." Citing Dr. Gerardo Veloso, a former
presiding judge of the Metropolitan Marriage Tribunal of the Catholic Archdiocese of Manila,58 Justice Vitug wrote that "the psychological incapacity must be characterized by (a) gravity, (b) juridical
antecedence, and (c) incurability."
A
There is no hope, the man is also living with another
woman.
Q
Is it also the stand of the psychiatrist that the parties
are psychologically unfit for each other but they are psychologically fit with other parties?
A
Yes, Your Honor.
Q
Neither are they psychologically
sions?
A
Yes, Your Honor.
On the other hand, in the present case, there is no clear
showing to us that the psychological defect spoken of is an incapacity. It appears to us to be more of a "difficulty," if not outright
"refusal" or "neglect" in the performance of some marital obligations. Mere showing of "irreconcilable differences" and "conflicting
personalities" in no wise constitutes psychological incapacity. It is
not enough to prove that the parties failed to meet their responsibilities and duties as married persons; it is essential that they
must be shown to be incapable of doing so, due to some psychological (not physical) illness.
The Court has no more questions."
The evidence adduced by respondent merely showed that she
and her husband could not get along with each other. There had
been no showing of the gravity of the problem; neither its juridical
antecedence nor its incurability. The expert testimony of Dr. Sison
showed no incurable psychiatric disorder but only incompatibility,
not psychological incapacity. Dr. Sison testified:59
"COURT
Q
It is therefore the recommendation of the psychiatrist
based on your findings that it is better for the Court to
annul (sic) the marriage?
unfit for their profes-
In the case of Reynaldo, there is no showing that his alleged
personality traits were constitutive of psychological incapacity existing at the time of marriage celebration. While some effort was
made to prove that there was a failure to fulfill pre-nuptial impressions of "thoughtfulness and gentleness" on Reynaldo's part and of
being "conservative, homely and intelligent" on the part of Roridel,_
such failure of expectation is not indicative of antecedent psychological incapacity. If at all, it merely shows love's temporary blindness to the faults and blemishes of the beloved.
During its deliberations, the Court decided to go beyond merely
ruling on the facts of this case vis-a-vis existing law and jurisprudence. In view of the novelty of Art. 36 of the Family Code and the
difficulty experienced by many trial courts in interpreting and applying it, the Court decided to invite two amici curiae, namely, the
Most Reverend Oscar V. Cruz," Vicar Judicial (Presiding Judge) of
the National Appellate Matrimonial Tribunal of the Catholic Church
in the Philippines, and Justice Ricardo C. Puno,61 a member of the
GOThe National Appellate Matrimonial Tribunal reviews all decisions of the
marriage tribunals of each archdiocese or diocese in the country: Aside from heading
the Appellate Tribunal, Most Rev. Cruz is also incumbent president of the Catholic
A
Yes, Your Honor.
Bishops' Conference of the Philippines, Archbishop of Dagupan-Lingayen, and holds
the degrees of Doctor of Canon Law and Doctor of Divinity. Archbishop Cruz was
Q
There is no hope for the marriage?
also Secretary-General of the Second Plenary Council of the Philippines - PCP II held from January 20, 1991 to February 17, 1991, which is the rough equivalent of a
parliament or a constitutional convention in the Philippine Church, and where t~e
ponente, who was a Council member, had the privilege of being overwhelmed by his
keen mind and prayerful discernments.
58Quoted from Justice Alicia Sempio-Diy, Handbook on the Family Code, First
GI Justice Puno was a former member of the Court of Appeals, retired Minister
Edition, 1988.
of Justice, author, noted civil law professor and law practitioner.
59TSN, April 6, 1991, p. 5.
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42
Family Code Revision Committee. The Court takes this occasion to
thank these friends of the Court for their informative and interesting discussions during the oral argument on December 3, 1996,
which they followed up with written memoranda.
From their submissions and the Court's own deliberations,
the following guidelines in the interpretation and application of
Art. 36 of the Family Code are hereby handed down for the guidance of the bench and the bar:
(1) The burden of proof to show the nullity of the marriage
belongs to the plaintiff. Any doubt should be resolved in favor of
the existence and continuation of the marriage and against its
dissolution and nullity. This is rooted in the fact that both our
Constitution and our laws cherish the validity of marriage and
unity of the family. Thus, our Constitution devotes an entire Article
on the Family,62 recognizing it "as the foundation of the nation." It
decrees marriage as legally "inviolable," thereby protecting it from
dissolution at the whim of the parties. Both the family and marriage are to be "protected" by the State.
The Family Code63 echoes this constitutional edict on marriage and the family and emphasizes their permanence, inviolability and solidarity.
(2) The root cause of the psychological incapacity must be
(a) medically or clinically identified, (b) alleged in the complaint, (c)
sufficiently proven by experts and (d) clearly explained in the decision. Article 36 of the Family Code requires that the incapacity
must be psychological - not physical, although its manifestations
and/or symptoms may be physical. The evidence must convince the
court that the parties, or one of them, was mentally or psychically
ill to such an extent that the person could not have known the
"Article XV
62
l
43
obligations he was assuming, or knowing them, could not have
given valid assumption thereof. Although no example of such incapacity need be given here so as not to limit the application of the
provision under the principle of ejusdem generis, nevertheless such
root cause must be identified as a psychological illness and its
incapacitating nature fully explained. Expert evidence may be given
by qualified psychiatrists and clinical psychologists.
(3) The incapacity must be proven to be existing at "the
time of the celebration" of the marriage.64 The evidence must show
that the illness was existing when the parties exchanged their "I
do's." The manifestation of the illness need not be perceivable at
such time, but the illness itself must have attached at such moment, or prior thereto.
( 4) Such incapacity must also be shown to be medically or
clinically permanent or incurable. Such incurability may be absolute or even relative only in regard to the other spouse, not necessarily absolutely against everyone of the same sex. Furthermore,
such incapacity must be relevant to the assumption of marriage
obligations, not necessarily to those not related to marriage, like
the exercise of a profession or employment in a job. Hence, a
pediatrician may be effective in diagnosing illnesses of children
and prescribing medicine to cure them but may not be psychologically capacitated to procreate, bear and raise his/her own children
as an essential obligation of marriage.
(5) Such illness must be grave enough to bring about the
disability of the party to assume the essential obligations of marriage. Thus, "mild characteriological peculiarities, mood changes,
occasional emotional outbursts" cannot be accepted as root causes.
The illness must be shown as downright incapacity or inability, not
a refusal, neglect or difficulty, much less ill will. In other words,
there is a natal or supervening disabling factor in the person, an
adverse integral element in the personality structure that effectively incapacitates the person from really accepting and thereby
complying with the obligations essential to marriage.
THE FAMILY
(6) The essential marital obligations must be those embraced
Section 1. The State recognizes the Filipino Family as the foundation of the
by Articles 68 up to 71 of the Family Code as regards the husband
nation. Accordingly, it shall strengthen its solidarity and actively promote its total
development.
and wife as well as Articles 220, 221 and 225 of the same Code in
63"Art.
1. Marriage is a special contract of permanent union between a man
regard to parents and their children. Such non-complied marital
and a woman entered into in accordance with law for the establishment of conjugal
and family life. It is the foundation of the family and an inviolable social institution
whose nature, consequences, and incidents are governed by law and not subject to
64Salita vs. Magtolis, 233 SCRA 100, June 13, 1994.
stipulation, except that marriage settlements may fix the property relations during
the marriage within the limits provided by this Code."
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(7) Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while
not controlling or decisive, should be given great respect by our
courts. It is clear that Article 36 was taken by the Family Code
Revision Committee from Canon 1095 of the New Code of Canon
Law, which became effective in 1983 and which provides:
In the instant case and applying Leouel Santos, we have already ruled to grant the petition. Such ruling becomes even more
cogent with the use of the foregoing guidelines.
WHEREFORE, the petition is GRANTED. The assailed Decision is REVERSED and SET ASIDE. The marriage of Roridel
Olaviano to Reynaldo Molina subsists and remains valid.
"The following are incapable of contracting marriage:
Those who are unable to assume the essential obligations of
marriage due to causes of psychological nature."65
SO ORDERED.
Since the purpose of including such provision in our Family
Code is to harmonize our civil laws with the religious faith of our
people, it stands to reason that to achieve such harmonization,
great persuasive weight should be given to decisions of such appellate tribunal. Ideally - subject to our law on evidence - what is
decreed as canonically invalid should also be decreed civilly void.
Narvasa, C.J., Davide, Jr., Bellosillo, Melo, Puna, Francisco,
Hermosisima, Jr. and Torres, Jr., JJ., concur.
Padilla, J., See Separate Statement.
Regalado, Kapunan and Mendoza, JJ., concur in the result.
This is one instance where, in view of the evident source and
purpose of the Family Code provision, contemporaneous religious
interpretation is to be given persuasive effect. Here, the State and
the Church - while remaining independent, separate and apart
from each other - shall walk together in synodal cadence towards
the same goal of protecting and cherishing marriage and the family
as the inviolable base of the nation.
'"-Romero,
xxx
xxx
xxx
J., Please see separate opinion.
Vitug, J., Please see concurring opinion.
(Separate statements and concurring opinions are omitted)
CASE BRIEF
(8) The trial court must order the prosecuting attorney or
Fiscal and the Solicitor General to appear as counsel for the state.
No decision shall be handed down unless the Solicitor General
issues a certification, which will be quoted in the decision, briefly
stating therein his reasons for his agreement or opposition, as the
case may be, to the petition. The Solicitor General, along with the
3.
Who for causes of psychological nature are unable to assume the essential obligations of marriage."
The difference in wording between this and that in Arch. Cruz's Memorandum is due to the fact that the original Canon is written in Latin and both versions
are differently-worded English translations.
45
prosecuting attorney, shall submit to the court such certification
within fifteen (15) days from the date the case is deemed submitted
for resolution of the court. The Solicitor General shall discharge
the equivalent function of the defensor vinculi contemplated under
Canon 1095.
obligation(s) must also be stated in the petition, proven by evidence
and included in the text of the decision.
65This
text is taken from the Memorandum of Archbishop Cruz. On the other
hand, the text used in Santos vs. CA reads:
"Canon 1095. They are incapable of contracting marriage.
FUNDAMENTAL RESEARCH SKILL:
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Republic v. CA, 268 SCRA 198, Feb. 13, 1997
J. Panganiban
I
i
Facts: On April 14, 1985, plaintiff Roridel 0. Molina married
Reynaldo Molina which union bore a son. After a year of marriage,
Reynaldo showed signs of immaturity and irresponsibility as a husband and father as he preferred to spend more time with his friends,
depended on his parents for assistance, and was never honest with
his wife in regard to their finances resulting in frequent quarrels
between them. The RTC granted Roridel petition for declaration of
nullity of her marriage which was affirmed by the CA.
Issue: Do irreconcilable differences and conflicting personalities constitute psychological incapacity?
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(6) The essential marital obligations must be those embraced
by Articles 68 up to 71 of the Family Code as regards the husband
and wife as well as Articles 220, 221 and 225 of the same Code in
regard to parents and their children. Such non-complied marital
obligation(s) must also be stated in the petition, proven by evidence
and included in the text of the decision.
· Ruling: There is no clear showing that the psychological defect spoken of is an incapacity. It appears to be more of a "difficulty," if not outright "refusal" or neglect" in the performance of
some marital obligations.
Mere showing of "irreconcilable differences and "conflicting
personalities in no wise constitutes psychological incapacity. It is
not enough to prove that the parties failed to meet their responsibilities and duties as married persons; it is essential that they
must be shown to be incapable of doing so, due to some psychological (not physical) illness.
(7) Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines, while
not controlling or decisive, should be given great respect by our
courts. It is clear that Article 36 was taken by the Family Code
Revision Committee from Canon 1095 of the New Code of Canon
Law, which became effective in 1983.
The evidence merely adduced that Roridel and her husband
could not get along with each other. There had been no showing of
the gravity of the problem, neither its juridical antecedence nor its
incur ability.
(8) The trial court must order the prosecuting attorney or
fiscal and the Solicitor General to appear as counsel for the state.
No decision shall be handed down unless the Solicitor General
issues a certification, which will be quoted in the decision, briefly
stating therein his reasons for his agreement or opposition, as the
case may be, to the petition.
The following guidelines in the interpretation and application
of Art. 36 of the Family Code are hereby handed down for the
guidance of the bench and the bar:
Judgment reversed and set aside.
(1)
The burden of proof to show the nullity of the marriage
belongs to the plaintiff. Any doubt should be resolved in favor of
the existence and continuation of the marriage and against its
dissolution and nullity.
LUCITAESTRELLAHERNANDEZ,petitioner, v. COURT
OF APPEALS, and MARIO C. HERNANDEZ,respondents,
G.R. No. 126010, Dec. 08, 1999 (Second Division)
(2) The root cause of the psychological incapacity must be
(a) medically or clinically identified, (b) alleged in the complaint, (c)
sufficiently proven by experts and (d) clearly explained in the decision. Article 36 of the Family Code requires that the incapacity
must be psychological - not physical, although its manifestations
and/or symptoms may be physical.
MENDOZA, J.:
This is a petition for review on certiorari of the decision66 of
the Court of Appeals, dated January 30, 1996, affirming the decision of the Regional Trial Court, Branch 18, Tagaytay City, dated
April 10, 1993, which dismissed the petition for annulment of marriage filed by petitioner.
(3) The incapacity must be proven to be existing at "the
time of the celebration" of the marriage.
Petitioner Lucita Estrella Hernandez and private respondent
Mario C. Hernandez were married at the Silang Catholic Parish
Church in Silang, Cavite on January 1, 1981 (Exh. A).67 Three
children were born to them, namely, Maie, who was born on May 3,
(4) Such incapacity must also be shown to be medically or
clinically permanent or incurable. Such incurability may be absolute or even relative only in regard to the other spouse, not necessarily absolutely against everyone of the same sex.
(5) Such illness must be grave enough to bring about the
disability of the party to assume the essential obligations of marriage. Thus, "mild characteriological peculiarities, mood changes,
occasional emotional outbursts" cannot be accepted as root causes.
47
I
66Per Justice Lourdes K Tayao-Jaguros and concurred in by Justices Jorge S.
Imperial (Chairman) and BA Adefuin-De la Cruz.
67RTC Records, p. 7.
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1982 (Exh. B),68 Lyra, born on May 22, 1985 (Exh. C),69 and Marian,
born on June 15, 1989 (Exh. D).10
Petitioner and private respondent met in 1977 at the Philippine Christian University in Dasmarifi.as, Cavite. Petitioner, who
is five years older than private respondent, was then in her first
year of teaching zoology and botany. Private respondent, a college
freshman, was her student for two consecutive semesters. They
became sweethearts in February 1979 when she was no longer ·
private respondent's teacher. On January 1, 1981, they were married.
48
On July 10, 1992, petitioner filed before the Regional Trial
Court, Branch 18, Tagaytay City, a petition seeking the annulment
of her marriage to private respondent on the ground of psychological incapacity of the latter. She alleged that from the time of their
marriage up to the time of the filing of the suit, private respondent
failed to perform his obligation to support the family and contribute to the management of the household, devoting most of his time
engaging in drinking sprees with his friends. She further claimed
that private respondent, after they were married, cohabited with
another woman with whom he had an illegitimate child, while
having affairs with different women, and that, because of his promiscuity, private respondent endangered her health by infecting
her with a sexually transmissible disease (STD). She averred that
private respondent was irresponsible, immature and unprepared
for the duties of a married life. Petitioner prayed that for having
abandoned the family, private respondent b~ ordered to give support to their three children in the total amount of P9,000.00 every
month; that she be awarded the custody of their children; and that
she be adjudged as the sole owner of a parcel of land located at Don
Gregorio Subdivision I in Bo. Bucal, Dasmarifias, Cavite, purchased
during the marriage, as well as the jeep which private respondent
took with him when he left the conjugal home on June 12, 1992.71
On October 8, 1992, because of private respondent's failure to
file his answer, the trial court issued an order directing the assistant provincial prosecutor to conduct an investigation to determine
if there was collusion between the parties." Only petitioner appeared at the investigation on November 5, 1992. Nevertheless, the
prosecutor found no evidence of collusion and recommended that
the case be set for trial. 73
Based on the evidence presented by the petitioner, the facts
are as follows:74
=u., p. 8.
69Jd., p. 9.
70Jd., p. 10.
71Petition,
RTC Records, pp. 1-4.
72RTC
Records, p. 24.
'3Id., p. 25.
'4TSN, pp. 6-56, Nov. 13, 1992; pp. 3-31, Dec. 8, 1992.
49
Private respondent continued his studies for two more years.
His parents paid for his tuition fees, while petitioner provided his
allowances and other financial needs. The family income came from
petitioner's salary as a faculty member of the Philippine Christian
University. Petitioner
augmented her earnings by selling
"Tupperware" products, as well as engaging in the buy-and-sell of
coffee, rice and polvoron.
From 1983 up to 1986, as private respondent could not find a
stable job, it was agreed that he would help petitioner in her businesses by delivering orders . to customers. However, because her
husband was a spendthrift and had other women, petitioner's business suffered. Private respondent often had smoking and. drinking
sprees with his friends and betted on fighting cocks. In 1982, after
the birth of their first child, petitioner discovered two love letters
written by a certain Realita Villena to private respondent. She
knew Villena as a married student whose husband was working in
Saudi Arabia. When petitioner confronted private respondent, he
admitted having an extra-marital affair with Villena. Petitioner
then pleaded with Villena to end her relationship with private
respondent. For his part, private respondent said he would end the
affairs, but he did not keep his promise. Instead, he left the conjugal home and abandoned petitioner and their child. When private
respondent came back, however, petitioner accepted him, despite
private respondent's infidelity in the hope of saving their marriage.
Upon the recommendation of a family friend, private respondent was able to get a job at Reynolds Philippines, Inc. in San
Agustin, Dasmarifi.as, Cavite in 1986. However, private respondent
was employed only until March 31, 1991, because he availed himself of the early retirement plan offered by the company. He received P53,000.00 in retirement pay, but instead of spending the
amount for the needs of the family, private respondent spent the
money on himself and consumed the entire amount within four
months of his retirement.
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irivate respondent worked at Reynolds Philippines, Inc.,
, drinking, gambling and womanizing became worse.
iscovered that private respondent carried on relationlifferent women. He had relations with a certain Edna
. at Yazaki; Angie, who was an operator of a billiard
1 "Japayuki"; Myrna Macatangay, a secretary at the
r Driver's School in Bayan, Dasmarifias, Cavite, with
abited for quite a while; and, Ruth Oliva, by whom he
hter named Margie P. Oliva, born on September 15,
E).75 When petitioner confronted private respondent
elationship with Tess, he beat her up, as a result of
-as confined at the De la Salle University Medical Center
fias, Cavite on July 4-5, 1990 because of cerebral conh. F).1s
ling to petitioner, private respondent engaged in extreme
s conduct during the latter part of 1986. As a result,
pondent contracted gonorrhea and infected petitioner.
received treatment at the Zapote Medical Specialists
apote, Bacoor, Cavite from October 22, 1986 until March
.xhs. G & H).77
mer averred that on one occasion of a heated argument,
pondent hit their eldest child who was then barely a
rivate respondent is not close to any of their children as
·er affectionate and hardly spent time with them.
rly 17, 1979, petitioner entered into a contract to sell
with F & C Realty Corporation whereby she agreed to
.he latter a parcel of land at the Don Gregorio Heights
I in Bo. Bucal, Dasmarifias, Cavite and placed a parnt of P31,330.00. On May 26, 1987, after full payment of
rt of P51,067.10, inclusive of interests from monthly
ts, a deed of absolute sale (Exh. K)79 was executed in her
TCT No. T-221529 (Exh. M)80 was duly issued.
Records, p. 37.
38.
p. 39-40a.
p. 41-43.
IPP· 44-45.
p. 47.
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51
According to petitioner, on August 1, 1992, she sent a handwritten letter81 to private respondent expressing her frustration
over the fact that her efforts to save their marriage proved futile.
In her letter, petitioner also stated that she was allowing him to
sell their owner-type jeepney82 and to divide the proceeds of the
sale between the two of them. Petitioner also told private respondent of her intention to file a petition for the annulment of their
marriage.
It does not appear that private respondent ever replied to
petitioner's letter. By this time, he had already abandoned petitioner and their children. In October 1992, petitioner learned that
private respondent left for the Middle East. Since then, private
respondent's whereabouts had been unknown.
Ester Alfaro, petitioner's childhood friend and co-teacher at
the Philippine Christian University, testified during the hearing on
the petition for annulment. She said that sometime in June 1979,
petitioner introduced private respondent to. her (Alfaro) as the
farmer's sweetheart. Alfaro said she was. not impressed. with private respondent who was her student in accounting. She observed
private respondent to be fun-loving, spending most of his time with
campus friends. In November 1980, when petitioner asked Alfaro
to be one of the secondary sponsors at her forthcoming wedding,
Alfaro wanted to dissuade petitioner from going through with the
wedding because she thought private respondent was not ready for
married life as he was then unemployed. True enough, although
the couple appeared happy during the early part of their marriage,
it was not long thereafter that private respondent started drinking
with his friends and going home late at night. Alfaro corroborated
petitioner's claim that private respondent was a habitual drunkard
who carried on relationships with different women and continued
hanging out with his friends. She also confirmed that petitioner
was once hospitalized because she was beaten up by private respondent. After the first year of petitioner's marriage, Alfaro tried
to talk to private respondent, but the latter accused her of meddling with their marital life. Alfaro said that private respondent
was not close to his children and that he had abandoned petitioner."
J.
»ta., pp. 49-51.
=u.. p. 48.
MTSN, pp. 32-68, Dec. 8, 1992.
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On April 10, 1993, the trial court rendered a decision= dismissing the petition for annulment of marriage filed by petitioner.
The pertinent portion of the decision reads:85
. The Court can underscore the fact that the circumstances
mentioned by the petitioner in support of her claim that respondent was "psychologicallyincapacitated" to marry her are
among the grounds cited by the law as valid reasons for the
grant of legal separation (Article 55 of the Family Code)- not
as grounds for a declaration of nullity of marriages or annulment thereof. Thus, Article 55 of the same code reads as follows:
Art. 55. A petition for legal separation may be filed on
any of the followinggrounds:
(1)
Repeated physical violenceor grossly abusive conduct directed against the petitioner, a common child, or a child
of the petitioner;
(5)
Drug addiction or habitual alcoholism of the re-
spondent;
(8)
Sexual infidelity or perversion;
(10)
Abandonment of petitioner by respondent without justifiable cause for more than one year.
If indeed Article 36 of the Family Code of the Philippines,
which mentions psychological incapacity as a ground for the declaration of the nullity of a marriage, has intended to include the
above-stated circumstances as constitutive of such incapacity, then
the same would not have been enumerated as grounds for legal
separation.
In the same manner, this Court is not disposed to grant relief
in favor of the petitioner under Article 46, paragraph (3) of the
Family Code of the Philippines, as there is no dispute that the
Per Acting Presiding Judge Eleuterio F. Guerrero.
RTC Records, pp. 58-59.
84
85
53
"gonorrhea" transmitted to the petitioner by respondent occurred
sometime in 1986, or five (5) years after petitioner's marriage with
respondent was celebrated in 1981. The provisions of Article 46,
paragraph (3) of the same law should be taken in conjunction with
Article 45, paragraph (3) of the same code, and a careful reading of
the two (2) provisions of the law would require the existence of this
ground (fraud) at the time of the celebration of the marriage. Hence,
the annulment of petitioner's marriage with the respondent on this
ground, as alleged and proved in the instant case, cannot be legally
accepted by the Court.
Petitioner appealed to the Court of Appeals which, on January 30, 1996, rendered its decision affirming the decision of the
trial court. Citing the ruling in Santos v. Court of Appeals,86 the
Court of Appeals held:87
It is clear in the above law and jurisprudence that the psychological incapacity of a spouse, as a ground for declaration of nullity
of marriage, must exist at the time of the celebration of marriage.
More so, chronic sexual infidelity, abandonment, gambling and use
of prohibited drugs are not grounds per se, of psychological incapacity of a spouse.
We agree with the Solicitor General that petitioner-appellant
failed to prove that her respondent-husband was psychologically
incapacitated at the time of the celebration of the marriage. Certainly, petitioner-appellant's declaration that at the time of their
marriage her respondent-husband's character was on the ''borderline between a responsible person and the happy-go-lucky," could
not constitute the psychological incapacity in contemplation of Article 36 of the Family Code. In fact, petitioner-appellant herself ascribed said attitude to her respondent-husband's youth and very
good looks, who was admittedly several years younger than petitioner-appellant who, herself, happened to be the college professor
of her respondent-husband. Petitioner-appellant even described her
respondent-husband not as a problem student but a normal one (p.
24, TSN, Dec. 8, 1992).
The acts and attitudes complained of by petitioner-appellant
happened after the marriage and there is no proof that the same
310 Phil. 22, 240 SCRA 20 (1995).
Rollo, pp. 44-46.
86
81
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have already existed at the time of the celebration of the marriage
to constitute the psychological incapacity under Article 36 of the
Family Code.
Hence, this petition. Petitioner contends that the respondent
Court of Appeals erred I.
IN FINDING THAT THE PSYCHOLOGICAL INCAPACITY OF THE PRIVATE RESPONDENT TO COMPLY
WITH HIS ESSENTIAL MARITAL OBLIGATIONS DID
NOT EXIST FROM THE TIME OF THE CELEBRATION
OF THE MARRIAGE.
II.
IN RULING THAT PRIVATE RESPONDENT WAS NOT
PSYCHOLOGICALLY INCAPACITATED TO COMPLY
WITH HIS ESSENTIAL MARITAL OBLIGATIONS.
III. IN AFFIRMING THE DECISION OF THE TRIAL
COURT DENYING THE AWARD OF PERMANENT
CUSTODY OF THE CHILDREN TO PETITIONER.
IV.
V.
IN AFFIRMING THE DECISION OF THE TRIAL
COURT DENYING THE PRAYER FOR ISSUANCE OF
AN ORDER REQUIRING PRIVATE RESPONDENT TO
GIVE SUPPORT TO THE THREE CHILDREN IN THE
AMOUNT OF P3,000.00 PER CHILD.
IN NOT DECLARING THE REAL PROPERTY ACQUIRED BY PETITIONER AS HER EXCLUSIVE PROPERTY.
The issue in this case is whether or not the marriage of petitioner and private respondent should be annulled on the ground of
private respondent's psychological incapacity.
Petitioner alleges that the Court of Appeals erred in holding
that petitioner failed to show that private respondent's psychological incapacity existed at the time of the celebration of the marriage. She argues that the fact that the acts of incapacity of private
respondent became manifest only after the celebration of their marriage should not be a bar to the annulment of their marriage.
Art. 36 of the Family Code states:
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55
even if such incapacity becomes manifest only after its solemniza,tion.88
.
In Santos v. Court of Appeals,89 we held:
"Psychological incapacity" should refer to no less than a
mental (not physical) incapacity that causes a party to be
truly incognitive of the basic marital covenants that concomi1,:,
tantly must be assumed and discharged by the parties to the
~ri
marriage which, as so expressed by Article 68 of the Family
;., ' - Ccide, include their mutual obligations to live together, observe love, respect and fidelity and render help and support.
J ic
There is hardly any doubt that the intendment of the law has
y1• . been to confine the meaning of "psychological incapacity" to
the most serious cases of personality disorders clearly demon1.:.
strative of an utter insensitivity or inability to give meaning
+'J
and significance to the marriage. This psychological condition
··~ . must exist at the time the marriage is celebrated. The law
·! . ·
does not evidently envision, upon the other hand, an inability
:i, u . .
of the spouse to have sexual relations with the other. This
J-1• • · conclusion is implicit under Article 54 of the Family Code
,.ll . which considers children conceived prior to the judicial decla.r" , ration of nullity of the void marriage to be ''legitimate."
s·;
~•
01··
The other forms of psychoses, if existing at the inception of
· marriage, like the state of a party being of unsound mind or con1 cealment of drug addiction, habitual alcoholism, homosexuality or
-'lesbianism, merely renders the marriage contract voidable pursu·tant to Article 46, Family Code. If drug addiction, habitual alcohol1Jfsm, lesbianism or homosexuality should occur only during the mar'l-t:iage, they become mere grounds for legal separation under Article
u55 of the Family Code. These provisions of the Code, however, do
~rt.ot necessarily preclude the possibility of these various circum.• stances being themselves, depending on the degree and severity of
~Jhe. disorder, indicia of psychological incapacity.
,0
Until further statutory and jurisprudential parameters are
"established, every circumstance that may have some bearing on
1
he degree, extent, and other conditions of that incapacity must, in
i. every case, be carefully examined and evaluated so that no precipi-
A marriage contracted by any party who, at the time of the
celebration, was psychologically incapacitated to comply with the
88As
amended by E.O. No. 227 dated July 17, 1987.
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at 40-41.
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tate and indiscriminate nullity is peremptorily decreed. The wellconsidered opinions of psychiatrists, psychologists, and persons with
expertise in psychological disciplines might be helpful or even desirable.
sion. Article 36 of the Family Code requires that the incapacity
roust be psychological, not physical, although its manifestations
and/or symptoms may be physical. The evidence must convince the
court that the parties, or one of them, was mentally or physically
ill to such an extent that the person could not have known the
obligations he was assuming, or knowing them, could not have
wven valid assumption thereof. Although no example of such incapacity need be given here so as not to limit the application of the
ptovision under the principle of ejusdem generis (citing Salita v.
Magtolis, supra) nevertheless such root cause must be identified as
a psychological illness and its incapacitating nature fully explained.
Expert evidence may be given by qualified psychiatrists and clinical psychologists.
56
In the instant case, other than her self-serving declarations,
petitioner failed to establish the fact that at the time they were
married, private respondent was suffering from a psychological defect which in fact deprived him of the ability to assume the essential duties of marriage and its concomitant responsibilities. AB the
Court of Appeals pointed out, no evidence was presented to show
that private respondent was not cognizant of the basic marital
obligations. It was not sufficiently proved that private ·respondent
was really incapable of fulfilling his duties due to some incapacity
of a psychological nature, and not merely physical. Petitioner says
that at the outset of their marriage, private respondent showed
lack of drive to work for his family. Private respondent's parents
and petitioner supported him through college. After his schooling,
although he eventually found a job, he availed himself of the early
retirement plan offered by his employer and spent the entire amount
he received on himself. For a ~greater part of their marital life,
private respondent was out of job and did not have the initiative to
look for another. He indulged in vices and engaged in philandering,
and later abandoned his family. Petitioner concludes that private
respondent's condition is incurable, causing the disintegration of
their union and defeating the very objectives of marriage.
However, private respondent's alleged habitual alcoholism,
sexual infidelity or perversion, and abandonment do not by themselves constitute grounds for finding that he is suffering from a
psychological incapacity within the contemplation of the Family
Code. It must be shown that these acts are manifestations of a
disordered personality which make private respondent completely
unable to discharge the essential obligations of the marital state,
and not merely due to private respondent's youth and self-conscious feeling of being handsome, as the appellate court held. AB
pointed out in Republic of the Philippines v. Court of Appealer"
The root cause of the psychological incapacity must be: (a)
medically or clinically identified, (b) alleged in the complaint, (c)
sufficiently proven by experts and (d) clearly explained in the deci-
Moreover, expert testimony should have been presented to
establish the precise cause of private respondent's psychological
mcapacity, if any, in order to show that it existed at the inception of
)fue marriage. The burden of proof to show the nullity of the marriage rests upon petitioner. The Court is mindful of the policy of the
.l,1187 Constitution to protect and strengthen the family as the basic
autonomous social institution and marriage as the foundation of
·the family.91 Thus, any doubt should be resolved in favor of the
validity of the marriage.92
J/'
We, therefore, find no reason to reverse the ruling of respondknt Court of Appeals whose conclusions, affirming the trial court's
finding with regard to the non-existence of private respondent's
psychological incapacity at the time of the marriage, are entitled to
great weight and even finality.93 Only where it is shown that such
ifindings are whimsical, capricious, and arbitrary can these be over4iurned_
.;•
The conclusion we have reached makes it unnecessary for us
fu pass upon petitioner's contentions on the issue of permanent
~t.stody of children, the amount for their respective support, and
'th~ declaration of exclusive ownership of petitioner over the real
-~toperty. These matters may more appropriately be litigated in a
1s~parate
proceeding for legal separation, dissolution of property
·fHgime, and/or custody of children which petitioner may bring.
f '
See Art. II, 12; Art. XV, 1-2.
Republic of the Philippines v. Court of Appeals, supra.
93Tuason v. Court of Appeals, 326 Phil. 169, 256 SCRA 158 (1996).
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91
92
335 Phil. 664, 676-680, 268 SCRA 198, 210-212 (1997).
90
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WHEREFORE, the decision of the Court of Appeals is AFFIRMED.
SO ORDERED.
Bellosillo (Chairman), Quisumbing, Buena and De Leon, Jr.,
JJ., concur.
59
ity which make private respondent completely unable to discharge
the essential obligations of the marital state, and not merely due to
private respondent's youth and self-consciousfeeling ofbeing handsome, as the appellate court held.
Judgment affirmed.
Judgment affirmed.
BRENDA B. MARCOS, petitioner, v. WILSON G. MARCOS,
respondent, G.R. No. 136490, Oct. 19, 2000, 3rd Division
CASE BRIEF
PANGANIBAN,J.:
Hernandez v. CA, 320 SCRA 76,
Dec. 08, 1999, J. Mendoza
Facts: Lucita Estrella married Mario Hernandez on January
1, 1981 and they begot three children. On July 10, 1992, Lucita
filed before the RTC of Tagaytay City, a petition for annulment of
marriage under Art. 36 alleging that from the time of their marriage, Mario failed to perform his obligation to support the family,
devoting most of his time drinking, had affairs with many women
and cohabiting with another women with whom he had an illegitimate child, and finally abandoning her and the family.
The RTC dismissed the petition which was affirmed by the
CA.
Psychologicalincapacity, as a ground for declaring the nullity
of a marriage, may be established by the totality of evidence presented. There is no requirement, however, that the respondent
should be examined by a physician or a psychologist as a conditio
sine qua non for such declaration.
The Case
Before us is a Petition for Reviewon Certiorari under Rule 45
of the Rules of Court, assailing the July 24, 1998 Decision94 of the
Court ofAppeals (CA)in CA-G.R.CVNo. 55588, which disposed as
follows:
Issue: Whether there was psychologicalincapacity under Art.
"WHEREFORE,the contested decision is set aside and
the marriage between the parties is hereby declared valid."95
Ruling: Petitioner failed to establish the fact that at the time
they were married, private respondent was suffering from a psychological defect which in fact deprived him of the ability to assume the· essential duties of marriage and its concomitant responsibilities. As the Court of Appeals pointed out, no evidence was
presented to show that private respondent was not cognizant of the
basic marital obligations. It was not sufficiently proved that private respondent was really incapable of fulfilling his duties due to
some incapacity of a psychologicalnature, and not merely physical.
Also challenged by petitioner is the December 3, 1998 CA
Resolution denying her Motion for Reconsideration.
36.
Private respondent's alleged habitual alcoholism, sexual infidelity or perversion, and abandonment do not by themselves constitute grounds for finding that he is suffering from a psychological
incapacity within the contemplation of the Family Code. It must be
shown that these acts are manifestations of a disordered personal-
Earlier, the Regional Trial Court (RTC)had ruled thus:
"WHEREFORE,the marriage between petitioner Brenda
B. Marcos and respondent Wilson G. Marcos, solemnized on
September 6, 1982 in Pasig City is declared null and void ab
initio pursuant to Art. 36 of the Family Code. The conjugal
properties, if any, is dissolved[sic] in accordancewith Articles
126 and 129 of the same Code in relation to Articles 50, 51
94Penned by Justice Bernardo LL Salas with the concurrence of Justices
Fermin A. Martin, Jr. (Division chairman) and Candido V. Rivera (member).
9SCA Decision, pp. 12-13; rollo, pp. 38-39.
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and 52 relative to the delivery of the legitime of [the] parties'
children. In the best interest and welfare of the minor children, their custody is granted to petitioner subject to the visi; tation rights of respondent.
"Upon finality of this Decision, furnish copy each to the
Officeof the Civil Registrar of Pasig City where the marriage
was solemnized, the National Census and Statistics Office,
Manila and the Register of Deeds of Mandaluyong City for
their appropriate action consistent with this Decision.
"SO ORDERED."
The Facts
The facts as found by the Court of Appeals are as follows:
"It was established during the trial that the parties were
married twice: (1) on September 6, 1;982 which was solemnized by Judge Eriberto H. Espiritu at the Municipal Court of
Pasig (Exh. A); and (2) on May_~, 1983 which was solemnized
by Rev. Eduardo L. Eleazar, Command Chaplain, at the Presidential Security Command Chapel in Malacaiiang Park, Manila (Exh. A-1). Out of their marriage, five (5) children were
born (Exhs. B, C, D, E and F).
"Appellant Wilson G. Marcos joined the Armed Forces of
the Philippines in 1973. Later on, he was transferred to the
Presidential Security Command in Malacaiiang during the
Marcos Regime.Appellee Brenda B. Marcos,on the other hand,
joined the Women'sAuxiliary Corps under the Philippine Air
Force in 1978.After the Edsa Revolution,both of them sought
a discharge from the military service.
"They first met sometime in 1980 when both of them
were assigned at the Malacafiang Palace, she as an escort of
Imee Marcos and he as a Presidential Guard of President
Ferdinand Marcos. Through telephone conversations, they became acquainted and eventually became sweethearts.
"Aftertheir marriage on September 6, 1982, they resided
at No. 1702 Daisy Street, Hulo Bliss, Mandaluyong, a housing
unit which she acquired from the Bliss Development Corporation when she was still single.
61
"After the downfall of President Marcos, he left the military service in 1987 and then engaged in· diff~rent business
ventures that did not however. prosper. As a wife, she always
urged him to look for work so that their children would see
him, instead of her, as the head of the family and a good
provider. Due to his failure to engage in any gainful employment they would often quarrel·and as a consequence,he would
hit and beat her. He would even force her to have sex with
him despite her weariness. He would also inflict physical.harm
on their children for a slight mistake and was so severe m the
way he chastised them. Thus, for several times during their
cohabitation, he would leave their house. In 1992, they were
already living separately.
"All the while, she was engrossed in the business of selling "magic uling" and chicken. While she was still in the ~ilitary, she would first make deliveries early i~ the morning
before going to Malacafiang. When she was discharged from
the military service, she concentrated on her busmes.s: T~en,
she became a supplier in the Armed Forces of the Philippines
until she was able to put up a trading and construction company, NS Ness Trading and Construction Development Corporation.
"The 'straw that broke the camel's back' took place on
October 16, 1994, when they had a bitter quarrel. As they
were already living separately, she did not want him to stay
in their house anymore. On that day, when she saw him in
their house, she was so angry that she lambasted him. He
then turned violent, inflicting physical harm on her and even
on her mother who came to her aid. The followingday, October 17, 1994, she and their children left the house and sought
refuge in her sister's house.
"On October 19, 1994, she submitted herself [to] medical
examination at the Mandaluyong Medical Center where her
injuries were diagnosed as contusions (Exh. G, Records, 153).
"Sometime in August 1995, she together with her two
sisters and driver, went to him at the Bliss unit in
Mandaluyong to look for their missing child, Niko. Upon se~ing them, he got mad. After knowing the reason for .their
unexpected presence, he ran after them with a samurai and
even [beat] her driver.
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.t the time of the filing of this case, she and their
chilere renting a house in Camella, Parafi.aque, while the
nt was residing at the Bliss unit in Mandaluyong.
the case study conducted by Social Worker Sonia C.
the children described their father as cruel and physiiusive to them (Exh. UV, Records, pp. 85-100).
'he appellee submitted herself to psychologist Natividad
an, Ph.D., for psychological evaluation (Exh. YY, Records,
1-216),
while the appellant on the otherhand did not.
I'he court a quo found the appellant to be psychologircapacitated to perform his marital obligations mainly
e of his failure to find work to support his family and
lent attitude towards appellee and their children, ... 96
Ruling of the Court of App~als
sing the RTC, the CA held that psychological incapacity
m established by the totality of the evidence presented.
ted in this wise:
Essential in a petition for annulment is the allegation of
ot cause of the spouse's psychological incapacity which
I also be medically or clinically identified, sufficiently
J. by experts and clearly explained in the decision. The
icity must be proven to be existing at the time of the
ation of the marriage and shown to be medically or clinipermanent or incurable. It must also be grave enough to
about the disability of the parties to assume the essenbligations of marriage as set forth in Articles 68 to 71
u-ticles 220 to 225 of the Family Code and such non. ed marital obligations must similarly be alleged in the
on, established by evidence and explained in the deci"In the case before us, the appellant was not subjected to
rsychological or psychiatric evaluation. The psychological
rgs about the appellant by psychiatrist Natividad Dayan
based only on the interviews conducted with the appelExpert evidence by qualified psychiatrists and clinical
ecision, pp. 5-7; rollo, pp. 31-33.
t
j
i
I
63
psychologists is essential if only to prove that the parties were
or any one of them was mentally or psychically ill to be truly
incognitive of the marital obligations he or she was assuming,
or as would make him or her . . . unable to assume them. In
fact, he offered testimonial evidence to show that he [was] not
psychologically incapacitated. The root cause of his supposed
incapacity was not alleged in the petition, nor medically or
clinically identified as a psychological illness or sufficiently
proven by an expert. Similarly, there is no evidence at all that
would show that the appellant was suffering from an incapacity which [was] psychological or mental - not physical to the
extent that he could not have known the obligations he was
assuming: that the incapacity [was] grave, ha[d] preceded the
marriage and [was] incurable." 97
Hence, this Petition.98
Issues
In her Memorandum,99 petitioner presents for this Court's
consideration the following issues:
"I.
Whether or not the Honorable Court of Appeals could set
aside the findings by the Regional Trial Court of psychological incapacity of a respondent in a Petition for declaration of nullity of marriage simply because the respondent did not subject himself to psychological evaluation.
II.
Whether or not the totality of evidence presented and
the demeanor of all the witnesses should be the basis of
the determination of the merits of the Petition.P'"
The Court's Ruling
We agree with petitioner that the personal medical or psychological examination of respondent is not a requirement for a decla-
CA Decision, pp. 10-11; rollo, 36-37.
8This case was deemed submitted for resolution on February 24, 2000, upon
receipt by this Court of respondent's Memorandum, which was signed by Atty.
Virgilio V. Macaraig. Petitioner's Memorandum, signed by Atty. Rita Linda V. Jimeno,
had been filed earlier on November 5, 1999.
99Rollo, p. 70; original in upper case.
100Memorandum for petitioner, p. 6; Rollo, p. 70.
97
9
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ration of psychologicalincapacity. Nevertheless, the totality of the
evidence she presented does not show such incapacity.
complaint, (c) sufficientlyprovenby experts and (d) clearly
explained in the decision.Article 36 of the Family Code
requires that the incapacity must be psychological- not
physical, although its manifestations and/or symptoms
may be physical. The evidence must convincethe court
that the parties, or one of them, was mentally or psychically ill to such an extent that the person could not have
knownthe obligationshe was assuming, or knowingthem,
could not have given valid assumption thereof. Althou.gh
no example of such incapacity need be given here so as
not to limit the application·of the provision under the
principleof ejusdem generis, nevertheless such root cause
must be identified as a psychologicalillness and its incapacitating nature fully explained. Expert evidence may
be given by qualifiedpsychiatrists and clinical psychologists.
Preliminary Issue:
Need for Personal Medical Examination
Petitioner contends that the testimonies and the results of
various tests that were submitted to determine respondent's psychologicalincapacity to perform the obligationsof marriage should
not have been brushed aside by the Court of Appeals, simply because respondent had not taken those tests himself.Petitioner adds
that the CA should have realized that under the circumstances,she
had no choicebut to rely on other sources of informationin order to
determine the psychologicalcapacity of respondent, who had refused to submit himself to such tests.
In Republic v. CA and Molina, 101 the guidelines governing the
application and the interpretation of psychological incapacity referred to in Article 36 of the Family Code102 were laid downby this
Court as follows:
"I)
The burden of proof to show the nullity of the marriage
belongs to the plaintiff. Any doubt should be resolved in
favor of the existence and continuation of the marriage
and against its dissolution and nullity. This is rooted in
the fact that both our Constitution and our laws cherish
the validity of marriage and unity of the family. Thus,
our Constitution devotes an entire Article on the Family,
recognizingit 'as the foundation of the nation.' It decrees
marriage as legally'inviolable,'thereby protectingit from
dissolution at the whim of the parties. Both the family
and marriage are to be 'protected' by the state.
xxx
2)
xxx
65
3)
The incapacitymust be proven to be existing at 'the time
of the celebration' of the marriage. The evidence must
show that the illness was existing when the parties exchanged their 'I do's.' The manifestation of the illness
need not be perceivable at such time, but the illness
itself must have attached at such moment, or prior
thereto.
4)
Such incapacity must also be shown to be medically or
clinicallypermanent or incurable. Such incurability may
be absolute or even relative only in regard to the other
spouse, not necessarily absolutely against everyone of
the same sex. Furthermore, such incapacity must be relevant to the assumption of marriage obligations,not necessarily to those not related to marriage, like the exercise of a profession or employment in a job. Hence, a
pediatrician may be effective in diagnosing illnesses of
children and prescribing medicine to cure them but not
be psychologicallycapacitatedto procreate,bear and raise
his/her own children as an essential obligation of marriage.
.,
1 ~I
xxx
The root cause of the psychologicalincapacity must be:
(a) medically or clinically identified, (b) alleged in the
,
101268 SCRA 198, February 13, 1997, per Panganiban, J.
102•Article 36. A marriage contracted by any party who, at the time of the
5) Such illness must be grave enough to bring about the
celebration, was psychologically incapacitated to comply with the essential marital
disability of the party to assume the essential obligaobligations of marriage, shall likewise be void even if such incapacity becomes
tions
of marriage. Thus, 'mild characteriological peculimanifest only after its solemnization.
arities,
mood changes, occasional emotional outbursts'
"The action for declaration of nullity of the marriage under this Article shall
prescribe in ten years after its celebration."
cannot
be
accepted as root causes. The illness must be
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I'he essential marital obligations must be those embraced
1y Articles 68 up to 71 of the Family Code as regards the
iusband and wife as well as Articles 220, 221 and 225 of
.~e same Code i? regard to parents and their children.
luch non-complied marital obligation(s) must also be
fated in the petition, proven by evidence and included
n the text of the decision.
·nte~preta~ions given by the National Appellate .Matrir~omal TJ:ibunal of the Catholic Church in the Philipnnes, while not controlling or decisive, should be given
rreat respect by our courts.
xxx
xxx
.:'he trial court must order the prosecuting attorney or
iscal and the Solicitor General to appear as counsel for
he state. No decision shall be handed down unless the
lolicitor General issues a certification, which will be
ruoted in the decision, briefly stating therein his reasons
. r his .a~eement or opposition, as the case may be, to
he petition. The Solicitor General, along with the proscuting attorney, shall submit to the court such certificaion within fifteen (15) days from the date the case is
leemed submitted for resolution of the court. The Solicior General shall discharge the equivalent function of
he defensor vinculi contemplated under Canon 1095."Ioa
idelines incorporate the three basic requirements earted by ~he Court in Santos v. Court of Appeals:W4 "psyncapacity must be characterized by: (a) gravity, (b) ju!~edence, and (c) incurability." The foregoing guidelines
nre that a physician examine the person to be declared
pp. 209-213.
·iCRA 20, 34, January 4, 1995, per Vitug, J.
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67
f
a
ihown as downright incapacity or inability, not refusal
ieglect or difficulty, much less ill will. In other words'
here is a natal or supervening disabling factor in the
ierson, an adverse integral element in the personality
itructure that effectively incapacitates the person from
·~ally accep~ing and thereby complying with the obligaions essential to marriage.
xxx
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psychologically incapacitated. In fact, the root cause may be "medically or clinically identified." What is. important is ,the presenc~ of
evidence that can adequately establish the party s psychological
condition. For indeed, if the totality of evidence presented is enough
to sustain a finding of psychological incapacity, then actual medical
examination of the person concerned need not be resorted to.
Main Issue:
Totality of Evidence Presented
The main question, then, is whether the totality of the evidence presented in the present case - including the testimonies of
petitioner, the common children, petitioner's sister and the social
worker - was enough to sustain a finding that respondent was
psychologically incapacitated.
We rule in the negative. Although this Court is sufficiently
convinced that respondent failed to provide material support to the
family and may have resorted to physical abuse and abandonment,
the totality of his acts does not lead to a. conclusion of psychological
incapacity on his part. There is absolutely no showing that his
"defects" were already present at the inception of the marriage or
that they are incurable.
Verily, the behavior of respondent can be attributed to the fact
that he had lost his job and was not gainfully employed for a period
of more than six years. It was during this period that he became
intermittently drunk, failed to give material and moral support,
and even left the family home.
Thus, his alleged psychological illness was traced only to said
period and not to the inception of the marriage. Equally important,
there is no evidence showing that his condition is incurable, especially now that he is gainfully employed as a taxi driver.
Article 36 of the Family Code, we stress, is not to be confused
with a divorce law that cuts the marital bond at the time the
causes therefor manifest themselves. It refers to a serious psychological illness afflicting a party even before the celebration of the
marriage. It is a malady so grave and so permanent as to deprive
one of awareness of the duties and responsibilities of the matrimonial bond one is about to assume. These marital obligations are
those provided under Articles 68 to 71, 220, 221 and 225 of the
Family Code.
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Neither is Article 36 to be equated with legal separation, in
which the grounds need not be rooted in psychological incapacity
but on physical violence, moral pressure, moral corruption, civil
interdiction, drug addiction, habitual alcoholism, sexual infidelity,
abandonment and the like.l'" At best, the evidence presented by
petitioner refers only to grounds for legal separation, not for declaring a marriage void.
Because Article 36 has been abused as a convenient divorce
law, this Court laid down the procedural requirements for its invocation in Molina. Petitioner, however, has not faithfully observed
them.
In sum, this Court cannot declare the dissolution of the marriage for failure of petitioner to show that the alleged psychological
incapacity is characterized by gravity, juridical antecedence and
incurability (Santos v. CA, 240 SCRA 20); and for her failure to
observe the guidelines outlined in Republic v. CA (Santos v. CA and
Molina, 268 SCRA 198).
69
CASE BRIEF
Marcos v. Marcos, G.R. No. 1364~0, Oct. 19, 2000
(3rd Div.), J. Pangamban
Facts: Plaintiff Brenda B. Marcos married Wilson Marco~ in
1982 and they had five children. Alleging that the husband fa~led
vide material support to the family and have resorte to
t~ p~oal abuse and abandonment, Brenda filed a case for the nul~s~~ the marriage for psychological incapacit~. The RTC declared
:he marriage null and void under Art. 36 which was however re-
f.
versed by the CA.
Issues: 1) Whether personal medical or psycho~ogical examination of the respondent by a ph~sician is a reqmrement for a
declaration of psychological incapacity.
2)
Whether the totality of evidence presented in this case
show psychological incapacity.
WHEREFORE, the Petition is DENIED and assailed Decision
AFFIRMED, except that portion requiring personal medical examination as a conditio sine qua non to a finding of psychological
incapacity. No costs.
SO ORDERED.
105"Article 55. A petition for legal separation
may be filed on any of the
following grounds:
(1)
Repeated physical violence or grossly abusive conduct directed against
the petitioner, a common child, or a child of the petitioner;
(2)
Physical violence or moral pressure to compel the petitioner to change
religious or political affiliation;
(3)
Attempt of respondent to corrupt or induce the petitioner, a common
child, or a child of the petitioner, to engage in prostitution, or connivance in such
corruption or inducement;
(4)
Final judgment sentencing the respondent to imprisonment of more
than six years, even if pardoned;
(5)
Drug addiction or habitual alcoholism of the respondent;
(6)
Lesbianism or homosexuality of the respondent;
(7)
Contracting by the respondent of a subsequent bigamous marriage,
whether in the Philippines or abroad;
(8)
Sexual infidelity or perversion;
(9)
Attempt by the respondent against the life of the petitioner;
(10) Abandonment of petitioner by respondent without justifiable cause for
more than one year.
For purposes of this Article, the term 'child' shall include a child by nature or
by adoption."
Ruling: Pscyhological incapacity, as a ground for decl~ring
the nullity of a marriage, may be established by the totality of
eVidence presented. There is no requirement, however tha~ the
respondent should be examined by a phy~ician or a psychologist as
a conditio sine qua non for such declaration.
Although this Court is sufficiently convinc~d that respondent
failed to provide material support to the family and ~ay ha~e
resorted to physical abuse and abandonmen~, t~e total~ty of h~s
acts does not lead to a conclusion of psycholo~ca~ mcapa;ity on hi:
' art There is absolutely no showing that his defects were a ready present at the inception of the marriage or that they are
incurable.
Verily the behavior of respondent can be attributed to the f~ct
that he had lost his job and was not gainf~ly e~ployed for a penod
of more than six years. It was during this _penod that he became
intermittently drunk, failed to give matenal and moral support,
and even left the family home.
Thus, his alleged psychological illnes~ was traced only to said
period and not to the inception of the mam~~e. ~q~ally important,
there is no evidence showing that his condition ~s ii:curable, especially now that he is gainfully employed as a taxi driver.
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, this Court cannot declare the dissolution of the mar.ure of petit~onerto show that the alleged psychological
s charactenzed by gravity, juridical antecedence and
(Santos v.. CA, 240 SCRA 20); and for her failure to
guidelines as outlined in Republic v. CA and Molina
98.
'
IBLIC OF THE PHILIPPINES,petitioner, vs.
MATIAS DAGDAG, respondent, G.R. No. 109975,
Feb. 09, 2001 (Second Division)
NG,J.:
'View on certiorari is the decision= of the Court of ApApril 22, 1993, in CA-G.R. CV No. 34378 which aflecision of the Regional Trial Court of OlongapoCity in
'IJ'o. 380-0-90 declaring the marriage of Erlinda Matias
I Avelino Dagdag void under Article 36 of the Family
ptember 7, 1975, Erlinda Matias, 16 years old, married
·angan D~gdag, 20 years old, at the Iglesia Filipina
t. Church m Cuyapo, Nueva Ecija.P? The marriage cerissued by the Officeof the Local Civil Registrar of the
Y of Cuyapo, Nueva Ecija, on October 20, 1988.
a and Avelino begot two children, namely: Avelyn M.
rn on January 16, 1978; and Eden M. Dagdag, born on
)82.108 Their birth certificates were issued by the Office
1 Civil Registrar of the Municipality of Cuyapo, Nueva
in October 20, 1988.
a and Avelino lived in a house in District 8, Cuyapo,
a, located at the back of the house of their in-laws.tw A
the wedding, Avelinostarted leaving his family without
1. He would disappear for months, suddenly reappear
onths, then disappear again. During the times when he
ds family, he indulged in drinking sprees with friends
'pp. 28-38.
,;29.
; 30-31.
December 17, 1990, p. 6; Records, p. 47.
71
and would return home drunk. He would force his wife to submit to
sexual intercourse and if she refused, he would inflict physical
injuries on her.!'"
On October 1993, he left his family again and that was the
last time that they heard from him. Erlinda was constrained to
look for a job in OlongapoCity as a manicurist to support herself
and her children. Finally, Erlinda learned that Avelinowas imprisoned for some crime, m and that he escaped from jail on October
22, 1985.U2 A certification therefor dated. February 14, 1990, was
issued by Jail Warden Orlando S. Limon. Avelinoremains at-large
to date.
On July 3, 1990, Erlinda filed with the RegionalTrial Court of
Olongapo City a petition for judicial declaration of nullity of marriage on the ground of psychologicalincapacity under Article 36 of
the Family Code.113 Since Avelinocould not be located, summons
was served by publication in the Olongapo News, a newspaper of
general circulation, on September 3, 10, and 17, 1990.114 Subsequently, a hearing was conducted to establish jurisdictional facts.
Thereafter, on December 17, 1990, the date set for presentation of
~vidence, only Erlinda and her counsel appeared. Erlinda testified
and presented her sister-in-law, Virginia Dagdag, as her only witness.
Virginia testified that she is married to the brother ofAvelino.
She and her husband live in Olongapo City but they spend their
vacations at the house ofAvelino's parents in Cuyapo, Nueva Ecija.
She testified that Erlinda and Avelinoalways quarrelled, and that
Avelinonever stayed for long at the couple's house. She knew that
Avelino had been gone for a long time now, and that she pitied
Erlinda and the children.!"
Rollo, p. 29.
The records did not specifywhat crime.
112Records,
p. 32.
1130riginally, Article 39 of the Family Code provided: "Art. 39. The action or
defense for the declaration of absolute nullity of a marriage shall not prescribe.
However, in the case of marriage celebrated before the effectivity of this Code and
falling under Article 36, such action or defense shall prescribe in ten years after this
Code shall have taken effect." However, Republic Act No. 8533 was eventually
enacted and approved on February 23, 1998, which amended Article 39 to read as
follows:"Art. 39. The action or defense for the declaration of absolute nullity of a
marriage shall not prescribe."
114RTC
Records,p. 16.
115TSN,
December 17, 1990, pp. 22-23.
110
111
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Thereafter, Erlinda rested her case. The trial court issued an
Order giving the investigating prosecutor until January 2, 1991, to
manifest in writing whether or not he would present controverting
evidence, and stating that should he fail to file said manifestation,
the case would be deemed submitted for decision.
In compliance with the Order, the investigating prosecutor
conducted an investigation and found that there was no collusion
between the parties. However, he intended to intervene in the case
to avoid fabrication of evidence.!"
On December 27, 1990, without waiting for the investigating
prosecutor's manifestation dated December 5, 1990, the trial court
rendered a decision'" declaring the marriage of Erlinda and Avelino
void under Article 36 of the Family Code, disposing thus:
''WHEREFORE, and viewed from the foregoing considerations, the Court hereby declares the marriage celebrated
at Cuyapo, Nueva Ecija between Erlinda Matias and Avelino
Dagdag on 7 September 1975 to be null and void.
The Local Civil Registrar ofCuyapo, Nueva Ecija is hereby
ordered to enter into his Book of Marriage this declaration
after this decision shall have become final and executory.
SO ORDERED."
On January 29, 1991, the investigating prosecutor filed a Motion to Set Aside Judgment on the ground that the decision was
prematurely rendered since he was given until January 2, 1991 to
manifest whether he was presenting controverting evidence.
The Office of the Solicitor General likewise filed a Motion for
Reconsideration of the decision on the ground that the same is not
in accordance with the evidence and the law. After requiring Erlinda
to comment, the trial court denied the Motion for Reconsideration
in an Order dated August 21, 1991 as follows+"
"This resolves the Motion for Reconsideration of the De.; cision of this Honorable Court dated December 27, 1990 filed
by the Solicitor-General. The observation of the movant is to
the effect that 'Mere alcoholism and abusiveness are not enough
RTC Records, p. 33.
/d. at 38-40.
118ld.
at 96.
73
to show psychological incapacity. Nor is abandonment. These
are common in marriage. There must be showing that these
traits, stemmed from psychological incapacity existing at the
time of celebration of the marriage.
In the case at bar, the abandonment is prolonged as the
husband left his wife and children since 1983. The defendant,
while in jail escaped and whose present whereabouts are unknown. He failed to support his family for the same period of
time, actuations clearly indicative of the failure of the husband to comply with the essential marital obligations of marriage defined and enumerated under Article 68 of the Family
Code. These findings of facts are uncontroverted.
Defendant's character traits, by their nature, existed at
the time of marriage and became manifest only after the marriage. In rerum natura, these traits are manifestations oflack
of marital responsibility and appear now to be incurable. Nothing can be graver since the family members are now left to
fend for themselves. Contrary to the opinion of the SolicitorGeneral, these are not common in marriage.
Let it be said that the provisions of Article 36 of the New
Family Code, to assuage the sensibilities of the more numerous church is a substitute for divorce (See Sempio Diy, New
Family Code, p. 36) in order to dissolve marriages that exist
only in name.
WHEREFORE, and the foregoing considered, the Motion
for Reconsideration aforecited is DENIED for lack of merit.
SO ORDERED."
The Solicitor General appealed to the Court of Appeals, raising the sole assignment of error that:
THE LOWER COURT ERRED IN DECLARING APPELLEE'S MARRIAGE TO AVELINO DAGDAG NULL AND VOID
ON THE GROUND OF PSYCHOLOGICAL INCAPACITY OF
THE LATTER, PURSUANT TO ARTICLE 36 OF THE FAMILY CODE, THE PSYCHOLOGICAL INCAPACITY OF THE
NATURE CONTEMPLATED BY THE LAW NOT HAVING
BEEN PROVEN TO EXIST.119
116
117
119Rollo, p. 10.
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On April 22, 1993, the Court of Appeals rendered a deoision="
affirming the decision of the trial court, disposing thus:
"Avelino ~agdag is psychologically incapacitated not only
beca~se he failed to perform the duties and obligations of a
~arned ~erson but because he is emotionally immature and
, irr~sp?ns~ble, an alcoholic, and a criminal. Necessarily, the
plamtiff. is now e1:1dowed with the right to seek the judicial
decl~rat10n of nullity of their marriage under Article 36 of the
Family ?od~. D~fenda:r:it'sconstant non-fulfillment of any of
such obligations is contmously (sic) destroying the integrity or
whol~ness of his marriage with the plaintiff. (Pineda, The
Family Code of the Philippines Annotated, 1992 Ed., p. 46).n121
Hence, the present petition for review,122 filed by the Solicitor
General.
.
T~e Solicitor.' General contends that the alleged psychological
mc~pacity of Avelmo 1?agdag is not of the nature contemplated by
Article 36 of the Family Code. According to him, the Court of Appeals mad~ an ~rroneo~s ,~nd incon:ect interpretation of the phrase
psychological incapacity and an mcorrect application thereof to
the facts of the case. Respondent, in her Comment insists that the
facts constitu:ing psychological incapacity were p;oven by preponderance of evidence during trial.
At issue is whether or not the trial court and the Court of
Ap~eals correctly declared the marriage as null and void under
Article 36 of the Family Code, on the ground that the husband
suffers fr~m psych~logical incapacity as he is emotionally imma~ur~ and irresponsible, a habitual alcoholic, and a fugitive from
Justice.
Article 36 of the Family Code provides "A marriage contracted by any party who at the time of
t~e celebration,. was psychologically incapacit~ted to comply
· ~th the e~sential marital obligations of marriage, shall likewise
void ev.en if such incapacity becomes manifest only
after its solemmzation."
?e
Id. at 28-38.
Id. at 37-38 only.
122ld.
at 6-26.
120
121
75
Whether or not psychological incapacity exists in a given case
calling for annulment of a marriage, depends crucially, more than
in any field of the law, on the facts of the case. Each case must be
judged, not on the basis of a priori assumptions, predilections or
generalizations but according to its own facts. In regard to psychological incapacity as a ground for annulment of marriage, it is trite ·
to say that no case is on "all fours" with another case. The trial
{tid.~e must take pains in examining the factual milieu and the
~ppellate court must, as much as possible, avoid substituting its
~Wn judgment for that of the trial court.123
In Republic v. Court of Appeals and Molina, 124 the Court laid
down the following GUIDELINES in the interpretation and application of Article 36 of the Family Code:
"(1) The burden of proof to show the nullity of the marriage belongs to the plaintiff. Any doubt should be resolved in
favor of the existence and continuation of the marriage and
against its dissolution and nullity. This is rooted in the fact
that both our Constitution and our laws cherish the validity
of marriage and unity of the family ...
(2) The root cause of the psychological incapacity must
be: (a) medically or clinically identified, (b) alleged in the complaint, (c) sufficiently proven by experts, and (d) clearly explained in the decision. Article 36 of the Family Code requires
that the incapacity must be psychological - not physical, although its manifestations and/or symptoms may be physical.
The evidence must convince the court that the parties, or one
of them, was mentally or psychically ill to such an extent that
the person could not have known the obligations he was assuming, or knowing them, could not have given valid assumption thereof. Although no example of such incapacity need be
given here so as not to limit the application of the provision
under the principle of ejusdem generis (Salita vs. Magtolis,
233 SCRA 100, June 13, 1994), nevertheless such root cause
must be identified as a psychological illness and its incapacitating nature fully explained. Expert evidence may be given
by qualified psychiatrists and clinical psychologists.
123Republic v. Court of Appeals, 268 SCRA 198, 214 (1997), Padilla, J., Separate Statement.
124268
SCRA 198 (1997).
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(3) The incapacity must be proven to be existing at
"the time of the celebration" of the marriage. The evidence
must show that the illness was existing when the parties
. exchanged their "I do's." The manifestation of the illness need
not be perceivable at such time, but the illness itself must
have attached at such moment, or prior thereto.
. ( ~) Such incapacity must also be shown to be medically
or climcally permanent or incurable. Such incurability may be
absolute .or even relative only in regard to the other spouse, not
necessanly absolutely against everyone of the same sex. Furthermore, such incapacity must be relevant to the assumption
of marriage obligations, not necessarily to those not related to
~arriage, like the exercise of a profession or employment in a
Job. Hence, a pediatrician may be effective in diagnosing illnesses of children and prescribing medicine to cure them but
may not be psychologically capacitated to procreate, bear and
raise his/her own children as an essential obligation of marriage.
(5) Such illness must be grave enough to bring about
the disability ..of the party to assume the essential obligations
of marriage. Thus, "mild characteriological peculiarities, mood
changes, occasional emotional outbursts" cannot be accepted
as root causes. The illness must be shown as downright incapacit?' or. inability, not a refusal, neglect or difficulty, much
l~ss il~ will. In ~ther words, there is a natal or supervening
disabling factor in the person, an adverse integral element in
the personality structure that effectively incapacitates the person from really accepting and thereby complying with the
obligations essential to marriage.
(6) The essential marital obligations must be those embraced by Articles 68 up to 71 of the Family Code125 as re125
Article 68, Family Code. The husband and wife are obliged to live together,
observe mutual love, respect and fidelity, and render mutual help and support.
~· 69, Family Code. The husband and wife shall fix the family domicile. In
case of disagreement, the court shall decide ...
70, Family Code. The spouses are jointly responsible for the support of
th~ family. The expenses for such support and other conjugal obligations shall be
paid from the community property and, in the absence thereof from the income or
fruits of their separate properties. In case of insufficiency or absence of said income
or fruits, such obligations shall be satisfied from their separate properties.
Art. 71, Family Code. The management of the household shall be the right
and duty of both spouses. The expenses for such management shall be paid in
accordance with the provisions of Article 70.
A:'t·
77
gards the husband and wife as well as Articles 220, 221 and
225 of the same Code126 in regard to parents and their children. Such non-complied marital obligation(s) must also be
126Article 220, Family Code. The parents and those exercising parental authority shall have with respect to their unemancipated children or wards the followJjng rights and duties:
, "'
(1)
To keep them in their company, to support, educate and instruct them
right precept and good example, and to provide for their upbringing in keeping
'with their means;
'"
(2)
To give them love and affection, advice and counsel, companionship
• and understanding;
(3)
To provide them with moral and spiritual guidance, inculcate in them
~onesty, integrity, self-discipline, self-reliance, industry and thrift, stimulate their
interest in civil affairs, and inspire in them compliance with the duties of citizen-
. §)f
1\liip;
.,.;,
(4)
To enhance, protect, preserve and maintain their physical and mental
.. health at all times;
.''. · · (5)
To furnish them with good and wholesome educational materials, supervise their activities, recreation and association with others, protect them from
bad company, and prevent them from acquiring habits detrimental to their health,
· 8H1diesand morals;
·
·f
(6)
To represent them in all matters affecting their interests;
! . '
(7)
To demand from them respect and obedience;
, -, ,
(8)
To impose discipline on them as may be required under the circum, stances; and
• 1.):
(9)
To perform such other duties as are imposed by law upon parents and
., guardians.
Art. 221. Parents and other persons exercising parental authority shall be
1,,
civilly liable for the injuries and damages caused by the acts or omissions of their
.unemancipated children living in their company and under their parental authority
r1subject to the appropriate defenses provided by law.
1r ! s
Art. 225. The father and the mother shall, jointly exercise legal guardianship
, . over the property of their unemancipated common child without the necessity of a
·~f<!l,lli appointment. In case of disagreement, the father's decision shall prevail,
unless there is a judicial order to the contrary.
i .,
·Where the market value of the property or the annual income of the child
' exceeds P50,000.00, the parent concerned shall be required to furnish a bond in
1
lluth amount as the court may determine, but not less than ten per centum (10%) of
·the value of the property or annual income, to guarantee the performance of the
obligations prescribed for general guardians.
A verified petition for approval of the bond shall be filed in the proper court of
I the place where the child resides, or, if the child resides in a foreign country, in the
. rPfoper court of the place where the property or any part thereof is situated. .
The petition shall be docketed as a summary special proceeding in which all
' incidents and issues regarding the performance of the obligations referred to in the
second paragraph of this Article shall be heard and resolved.
The ordinary rules on guardianship shall be merely suppletory except when
the child is under substitute parental authority, or the guardian is a stranger, or a
parent has remarried, in which case the ordinary rules on guardianship shall apply.
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stated in the petition, proven by evidence and included in the
text of the decision.
(7) Interpretations given by the National Appellate Matrimonial Tribunal of the Catholic Church in the Philippines,
while not controlling or decisive, should be given great respect
by our courts ...
(8) The trial court must order the prosecuting attorney
or fiscal and the Solicitor General to appear as counsel for the
state. No decision shall be handed down unless the Solicitor
General issues a certification, which will be quoted in the
decision, briefly stating therein his reasons for his agreement
or opposition; as the case may be, to the petition. The Solicitor-General, along with the prosecuting attorney, shall submit
to the court such certification within fifteen (15) days from
the date the case is deemed submitted for resolution of the
court. The Solicitor-General shall discharge the equivalent function of the defensor vinculi contemplated under Canon 1095."127
Taking into consideration these guidelines laid down in Republic v. CA and Molina, it is evident that Erlinda failed to comply
with the above-mentioned evidentiary requirements. Erlinda failed
to comply with guideline No. 2 which requires that the root cause
of psychological incapacity must be medically or clinically identified and sufficiently proven by experts, since no psychiatrist or
medical doctor testified as to the alleged psychological incapacity of
her husband. Further, the allegation that the husband is a fugitive
from justice was not sufficiently proven. In fact, the crime for which
he was arrested was not even alleged. The investigating prosecutor
was likewise not given an opportunity to present controverting
evidence since the trial court's decision was prematurely rendered.
In the case of Hernandez v. Court of Appeals,128 we affirmed
the dismissal of the trial court and Court of Appeals of the petition
for annulment on the ground of dearth of the evidence presented.
We further explained therein that "Moreover, expert testimony should have been presented
to establish the precise cause of private respondent's psychological incapacity, if any, in order to show that it existed at the
127
ld. at 209-213.
320 SCRA 76 (1999).
128
,, .
79
inception of the marriage. The burden of proof to show the
nullity of the marriage rests upon petitioner. The Court is
mindful of the policy of the 1987 Constitution to protect and
strengthen the family as the basic autonomous social institution and marriage as the foundation of the family, (Art. II, .
Sec. 12; Art. XV, Secs. 1-2). Thus, any doubt should be resolved in favor of the validity of the marriage (citing Republic
of the Philippines v. Court of Appeals, supra.)."129
l
l~
WHEREFORE, the present petition is GRANTED~The as-
. ~ailed Decision of the Court of Appeals dated April 22, 1993, in CA1,G.R. CV No. 34378 is REVERSED and SET ASIDE.
No pronouncement as to costs.
SO ORDERED.
CASE BRIEF
Republic v. Dagdag, GR No. 109975, Feb. 9, 2001
(2nd Division), J. Quisumbing.
Facts: Plaintiff Erlinda Matias married Avelino Dagdag in
1975 and they begot children. A week after the wedding, Avelino
-weuld disappear for months. During the times he was with the
»family, he indulged in drinking sprees with friends and would reo turn home drunk. He would likewise inflict physical injuries on
<her, In 1983, Avelino left the family again and that was the last
:l they heard from him. Erlinda later learned that Avelino was imk~risoned but escaped from jail.
In 1990, Erlinda filed with the RTC of Olongapo City a peti(tion for nullity of marriage for psychological incapacity. On Decemober 17, 1990, the date set for presentation of evidence, only Erlinda
,J.and her counsel appeared. Erlinda testified and presented her sisnter-in-law, Virginia Dagdag, as her only witness. Virginia testified
that she is married to the brother of Avelino. She testified that
;1.~rlinda and Avelino always quarrelled, and tha~ Avelino never stayed
· 'for long at the couple's house. Thereafter, Erlinda rested her case.
~ The RTC declared the marriage null and void under Art. 36 of the
;YFamily Code which was affirmed by the CA.
ld. at 88.
129
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FUNDAMENTALRESEARCH SKILL:
CASE BRIEFING AND SYNTHESIS OF CASES
Issue: Whether the husband suffers from psychological incapacity as he is emotionally immature and irresponsible, a habitual
alcoholic and a fugitive from justice.
fied, b) alleged in the complaint, c) sufficiently proven by experts,
and d) clearly explained in the decision; 3) incapacity must exist at
the time of marriage; 4) incapacity must be incurable; 5) gravity of
illness disables the party to assume the essential marital obligaf~ons; 6) the essential marital obligations are those in Articles 68 to
71, and Arts. 220, 221 and 225 of the Family Code; 7) Interpretations of the National Appellate Matrimonial Tribunal of the Catholfo' Church should be given great respect; and 8) Prosecution and
Sdli'citor General must appear as counsel for the state.
80
· Ruling: Taking into consideration these guidelines laid down
in the Molina case, it is evident that Erlinda failed to comply with
t~e req~ire~ evidentiary requirements. Erlinda failed to comply
w1t_h gu:delme ~o. 2 which requires that the root cause of psychological incapacity must be medically or clinically identified and
sufficiently proven by experts, since no psychiatrist or medical doctor testified as to the alleged psychological incapacity of her husband. Further, the allegation that the husband is a fugitive from
justice was not sufficiently proven. In fact, the crime for which he
was arrested was not even alleged. The investigating prosecutor
w~s likewise not given an opportunity to present controverting
evidence since the trial court's decision was prematurely rendered.
;·'l if
. .-;
Synthesis
of All Relevant
ity or perversion and abandonment do hot constitute incapacity.
In Marcos v. Marcos, G.R. No. 136490, Oct. 19, 2000, the
Supreme Court ruled the psychological incapacity may be estab·.JJ.,sl,i~d by the totality of the evidence presented. Examination by
p,hysician or psychologist is not a condition sine qua non for the
geclaration of psychological incapacity. Although the husband failed
~ provide material support and resorted to physical abuse and
abandonment, the totality of his acts does not lead to psychological
incapacity.
··-1,
Cases
Let us now synthesize the above cases:
The Supreme Court has decided six cases on psychological
incapacity under Art. 36 of the Family Code.
·ti
In Republic v. Dagdag, G.R. No. 109975, Feb. 9, 2001, the Supfeme Court ruled that the complainant wife failed to comply with
\b~ evidentiary requirement under the guidelines set in the two
cases of Santos and Molina, as she failed to present a psychiatrist or
medical doctor to testify; the allegation that the husband is a fugitive from justice was not sufficiently proven; and the investigating
prosecutor was not given an opportunity to present controverting
evidences.
In the case of Santos v. CA, 240 SCRA 20, the Supreme Court
ruled that failure of the wife to return home or to communicate
with her husband for more than five years does not constitute
psychological incapacity. Psychological incapacity must be characterized by a) gravity, b) juridical antecedence, and c) incurability. It
refers to no less than a mental (not physical) incapacity that causes
a party to be truly incognitive of the essential marital obligations.
In Chi Ming Tsai v. CA, 266 SCRA 324, the Supreme Court
ruled that the senseless and protracted refusal of the husband to
have sexual intercourse to procreate children, an essential marital
obligation from the time of the marriage up to their separation ten
months later is equivalent to psychological incapacity.
In Republic v. CA and Molina, 268 SCRA 198, the Supreme
Court ruled that irreconcilable differences and conflicting personalities do not constitute psychological incapacity. It then laid down
the guidelines in the application of Art. 36 of the Family Code to
wit: 1) burden of proof belongs to the plaintiff; 2) root cause of
psychological incapacity must be a) medically or clinically identi-
In the case of Hernandez v. CA, 320 SCRA 76, the Supreme
v.~mrt ruled that the husband's habitual alcoholism, sexual infidel-
Judgment reversed and set aside.
2.
81
From the above cases, the Supreme Court has laid down both
'substantive and procedural requirements for psychological inca'p~City.These substantive requirements are that the incapacity must
be a mental one (Santos case), existing at the time of the marriage
·(Molina case), and is incurable (Molina case). It is characterized by
!gravity of illness which disables the party to assume the essential
marital obligations (Molina case). These obligations are restricted
to those mentioned in Arts. 68-71, 220, 221 and 225 of the Family
Code (Molina case).
-·i, ..
,
The senseless and protracted refusal to have sexual intercourse for the procreation of children, an essential marital obligation, is equivalent to psychological incapacity (Tsoi case).
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-.
LEGAL RESEARCH
The following do not constitute psychological incapacity: the
failure of the wife to return home or to communicate with her .
husband for more than five years (Santos case); the irreconcilable
differences and conflicting personalities of the spouses (Molina case);
the husband's habitual alcoholism, sexual infidelity or perversion
and abandonment (Hernandez case).
CHAPTER 4
STATUTORY LAW
The procedural requirements are that the burden of proof
belongs to the plaintiff; the root case of the psychological incapacity
must be 1) medically or clinically identified, 2) alleged in the complaint, 3) sufficiently proven, 4) clearly explained in the decision;
the interpretations of the National Appellate Matrimonial Tribunal
of the Catholic Church are entitled to great respect; the prosecution and the Solicitor General must appear as counsel for the state
(Molina case).
Statutory Law
Our statutory law consists mainly of the following:
Psychological incapacity may be established by the totality of
the evidence presented. Although the husband failed to provide
material support and resorted to physical abuse and abandonment,
the totality of his acts do not lead to psychological incapacity (Marcos
case).
As the complainant's wife failed to comply with the evidentiary requirements, as she failed to present a psychiatrist or medical doctor and that the investigating prosecutor was not given an
opportunity to present controverting evidence, the petition is dismissed (Dagdag case).
However in another case (Marcos), the Supreme Court said
that examination by a physician or psychologist is not a conditio
sine qua non for the declaration of psychological incapacity.
With the above synthesis of cases, we have analyzed the individual cases and then generalized them by identifying two requirements for psychological incapacity, namely: the substantive and the
procedural requirements.
By relating the cases to each other and putting them under
onerubric, we can now understand the applicable area of law and
then use the synthesis to analyze the problem facing us.
1.
The 1987 Constitution
2.
Treaties and International Agreements
3.
Statutes enacted by the Legislature
Administrative Rules and Regulations
B.
5.
Ordinances enacted by the Autonomous Regions
6.
Ordinances enacted by Local Government Units
The Philippine Constitution
. n.
In our legal order the Constitution is "law" and law of the
.. ;highest authoritativeness and obligation. As "supreme law of the
r and " it is the ultimate authority to which reference must be made
et<fld~termine the validity of national laws, administrative regula·ttions, local ordinances and executive actions.
h~Y ·
.au, 1 1.
-l•) '
SPANISHPERIOD
-.» 1. Ferdinand Magellan planted the sword and the cross on Phil.. -ippine soil in 1521 and for nearly four centuries, the Philippines
became the dominion of Spain.
I .
. :..:. , The year 1808 marked the start of Spanish const_itutional his' · it;i:iey. However, except for short periods, the colony did not secure
flthe benefits of the Constitution-ef the Spanish monarchy. Unlike
Cuba and Puerto Rico, to which certain constitutional rights were
eventually granted, there was an article in the fundamental law
providing that the Philippines should be governed by special laws.
111•1
83
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LEGAL RESEARCH
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Consequently all laws for the Philippines originated in Spain, and,
in accordance with the provisions of the Laws of the Indies and the
Constitutions, was extended by royal decrees.
.
· lands because of their direct bearing on the Philippines, can be
sid~red as
part of the supreme law of the Philippines. The
~~~s have deemed the provisions of the Treaty of Paris control.ling in a number of cases.
84
During the three short periods in which the Spanish
(monarchial) Constitution was effective in the Philippines, namely,
for the years 1810-1813, 1820-1823, and 1834-1837, the Philippines
. had representation in the Spanish Cortes.
This constitution as well as of other Spanish constitutions
and laws of the period may be found in Leyes Constitucionales
de Espana and in the three-volume work Derecho Parliamentario Espanol. Philippine representation at the Cortes has been
recorded in Ponce, Efemerides Filipinas and in the prologue to
Filipinas en las Cortes.P?
Constitutionalism was but a vague concept to the Filipinos for
over three hundred years during which the Philippines was under
the sovereignty of Spain. The notion of a constitution as an instrument that limits governmental authority and establishes a rule of
law for all the governor and the subject, the public official and the
private individual, was not comprehended in theory and in practice.
2.
THE TREATY OF PARIS
The legal milestone that marked the commencement of constitutionalism in the country was the Treaty of Paris of 1898 which
terminated the war between the United States and Spain. This
was the main gate opening to the broadening highway of constitutionalism indicated by the different organic laws which followed
later and which progressively enlarged Philippine self-government.
This was the legal starting point of Philippine constitutional development which reached full maturity with the adoption of the Constitution of the Philippines and the declaration of Philippine Independence on July 4, 1946.
The Treaty of Paris, with its supplemental protocol of agreement extending the period for the declaration of Spanish nationality, and the additional treaty for the cessation of certain small
a
1~
'l1 .· The official text of the treaty may be found in the Official
rG~~ette, Vol. 1 (Appendix) and in the U.S. Statutes at Large,
~Vol. 30.
,,:q
It is also published in the official repository, Public Laws
,'i~hilippine Commission and Phi~ip_PineLegislativ.e~an~ in Acts of
Congress and Treaties Pertammg to the Phihppine Islands
• (GPO, 1920).131
•,
J·,
3.
THE MALOLOS CONSTITUTION OF 1899
· .J ~~'r . "The Malolos Constitution took its name from the capital town
1 '61~the Filipino revolutionary government located in the province of
8i3Wacan. The background of this constitution is found in the centuties of Spanish rule over the Philippines, insurrections, first against
.· tht:! authority of Spain and "her bad government," and later- against
~th~·assumption of sovereignty by the United States, and the gradui.ally increasing sense of nationality which, nourish~d in t~e blood of
1J.H~rtyrdom, grew into a common and ardent desire for mdepend-
, . tii!i~e.
10': r
. tf.;t'·
1
Congress approved the Constitution on Nov.ember 29, 1898
· :ia;hd was immediately transmitted to General Agumaldo for proml.ill~ation. On January 21, 1899, following formal passage by Con, ~l!e'~s the day previous, President A~inaldo pr~mulgated ~he
l~l;).lolosConstitution, and ordered that it should be kept, complied
l'W:f th, and executed in all its parts because it is the sovereign will of
, ]~~P.!f Filipino people."
· Hi.' ,
The Malolos Constitution was not a new creation. Prior constitutional projects in the Philippines had a molding influence. The
d:artilla and the Sanggunian-Hukuman - the charter and code of
laws and morals of the Katipunan, drawn up by Emilio Jacinto
. (d.896)· the provisional Constitution ofBiak-na-Bato (1897), modeled
·' lkfter ~ revolutionary Constitution of Cuba, prepared by Isabelo
t futacho and Felix Ferrer; the constitution for the island of Luzon
'promulgated on April 17, 1898 by Gen. Francisco Macabulos; the
t.,,
Moreno, Philippine Legal Bibliography, Quezon City, Filipino Publishing
131/d.' p. 19.
Co., Inc., 1973, p. 18.
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130
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LEGAL RESEARCH
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provisional Constitution of Mariano Ponce prepared in Hongkong
in April 1898 upon orders of General Aguinaldo, followingSpanish
Constitutions; the Constitutional Program of the Philippine Republic drafted by Apolinario Mabini which was submitted to the revolutionary government in Cavite on June 6, 1898;and the autonomy
projects of Paterno (1898) - all were to evolve into the Malolos
Constitution.132
The legislature under the Malolos Constitution was unicamal It was called the assembly of representatives. The members
:er~ to be elected for a term of four years. Secretaries of the government were to be given seats in the Assembly.
86
The preamble of the Malolos Constitution reads: "We,the representatives of the Filipino people, lawfully convened, in order to
establish justice, provide for commondefense, promote the general
welfare, and insure the benefits of liberty, imploring the aid of the
Sovereign Legislator of the Universe for the attainment of these
ends, have voted, decreed, and sanctioned the following political
Constitution."
The Charter then organized a Filipino state called the Philippine Republic, sovereignty residing exclusivelyin the people. The
national and individual rights of Filipinos and aliens are next specified. These provisions are, in the main, literal copies of articles of
the Spanish Constitution. The Bill of Rights includes religious liberty; freedom from arbitrary arrest and imprisonment, a provision
like that of Spain; recognition of what amounts to the writ of habeas corpus; sanctity of domicile; prohibition of unreasonable
searches and seizures; right to choose one's domicile;inviolability
of correspondence;prohibition of criminal prosecutions unless in a
competent court and according to law; protection of private property, reserving to the government the right of eminent domain;
inhibition against the payment of any tax not legally prescribed;
freedom of speech and press; right to form associations; right to
petition; permission to establish educational institutions; compulsory and free popular education; right of expatriation; prohibition
of trial under speciallaws or by specialtribunals; prohibitionagainst
laws of primogeniture and the entailing of property; prohibition of
acceptance of titles of honor or nobility from foreign nations without authorization of the government, and of the granting of such
honors by the Republic. The Constitution also provides (Article 28)
that "enumeration of the rights granted in this title does not imply
the prohibition of any others not expressly stated."133
_. · ,;. · The executive power was vested ~n the Pre~ident of the Re·:fiblic who should exercise it through his Secretanes. He :-rasto be
\Ife[ted by an absolute majority of the assembly a?d special repre~·,i:J •11 - tives assembled in constituent assembly. His term was four
senra
· proviided etor,
'
and. he could be re-elected· No vice presiident is
, years,
-f~':, The judicial power was vested in one Supreme Court of J~s'. i}c~ 'and in the other courts to be created by law. The membership,
., Qf~anization, and other attributes ?f the courts were to be gov. ed by the special laws. The President of the Supreme Court of
r. j:tice
and the Solicitor-General~ere to be ~ppointed by the N~tj'{;:q,~\Assemblyin concurrence with the President of the Repubhc
· . ;.pd the Secretaries of the government.
.
1,
The officialrepositories of these constitutional documents are
· · :b.'~·.organs of the various revoiutionary governments, such as the
~fi;;J.aidode la Revolucion and the state papers prepared by
_ Ap.~liilario Mabini in his work, La Revolucion Filipina, publiefuedby the Bureau of Printing in two volumes. The documents
. artnilso noted in the Reports of the Philippine Commission to
the President (GovernmentPrinting Office,4 vols.). Other sources
· tttld historical aids are: Calderon, Mis Memorias Sohre La
• . Bevolucion; Kalaw, La Constitucion de Malolos; Retana,
< A}-chivodel Bibliofilo Filipino; Calderon, D~c~entos para
la Historia de Filipinas; Kalaw,Planes Constitutionales para
' JiJ.Upinas; Aguinaldo, Resena Veridica de la Revol~cion;
MilJcolm, Philippine Constitutional Law; and Blair and
· .iwbertson, The Philippine Islands.134
4.
THEAMERICAN
PERIOD
Admiral Dewey'svictory over the Spanish armada in Manila
· Bay,followedby the capture of Manila by the American forces and
the formal ratification of the treaty of peace with Spain transferring Spanish sovereigntyover the Philippines to the United States,
Rodriguez, Constitutionalism in the Philippines, Manila, Rex Book Store,
132
1997, p. 12.
133/d., p. 13.
Moreno, op. cit., p. 19.
134
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LEGAL RESEARCH
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· n included among others, the organization and establishment of
'
f
. . 1
d
courts and the organization and establishment o mumcipa an
departmental governments.
marked the inception of American constitutional history in the Philippines.
·
a.
89
SlO
Organic Laws
The legislative power was vested in a unicameral body called
the Philippine Commission. Its legislative authority includes. "~he
jmaking of rules and orders having the effect of law for the rais1~g
::.bf revenue by taxes, customs duties, and imposts; the approp:ia-bion and expenditure of public funds of the Islan~s; th~ ~stabh_sh!'ment of an educational system to secure a_n efficient c1_vil ~ervice,
•;the organization and establishment of courts; the organization and
-~stablishment of municipal and departmental governments, ~nd all
~ther matters of a civil nature which the military governor is now
.competent to provide by rules or orders of a legislative character."
~r
Under the American system of law and government, the constitution of a territory under the direct control of the federal government is known as an organic law. Usually, it is an enactment of
Congress. Chief Justice Waite of the United States Supreme Court
said:
"The organic law of a Territory takes the place of a constitution as the fundamental law of the local government. It is obligatory and binds the territorial authorities; but Congress is supreme,
and for the purposes of this department, its governmental authority has all the powers of the people of the United States, except
such as has been expressly or by implication reserved in the prohibitions of the Constitution." (National Bank v. Country of Yankton,
101 U.S. 129, 132; U.S. v. Bull, 15 Phil. 7).
The principal organic laws of the Philippines previous to the
adoption of the 1935 Constitution were: The Treaty of Paris of
1898; The President's Instructions to the Second Philippine Commission of April 7, 1900; the Spooner Amendment adopted on March
2, 1901; the Act of Congress of July 1, 1902, otherwise called the
Philippine Bill; and the Act of Congress of August 29, 1916, otherwise designated as the Philippine Autonomy Act or the Jones Law.
Some of the acts of Congress embodied provisions of statutes of the
Philippine legislature expressly or by mere reference. By this form
of congressional reenactment, the said provisions became part of
the Philippine organic laws. 135
.r"\1-.
'-·
These instructions are contained in the Official Gazette, Vol.
1 (Preliminary Number), in the Public Laws (Philippine Commission), Vol. 1 and in the Reports of the Philippine Commission
to the President, Vol. 1.
.n. · Likewise, this organic act and the others are published in
l~ioro Encyclopedia of the Philippines,
1957, Vol. Xland in
';\fi6bl;dor, Important Documents Illustrative of Philippine His,)
·:t()r-y.136
--µ!:'
(2) The Spooner Amendment
The first action of the U.S. Congress asserting its right to
ligbvern the Philippines was expressed in the Spooner ~e~dme~t,
~hich was in the form of a rider to the Army Appropriations Bill
'. 1tpassed by Congress on March 2, 1901. This amendment provided:
bin
All these organic acts are found in the official repository Public
Laws (Philippine Commission and Philippine Legislative),
and in Acts of Congress and Treaties Pertaining
to the
Philippine Islands (GPO, 1920).
,(11
(1)
Pres. McKinley's Instructions
of April 7, 1900
For the guidance of the Taft commission, the President of the
United States had issued his Instructions of April 7, 1900. The
legislative power conferred by these instructions upon the commis-
(j
"All military, civil, and judicial powers necessary to govern the Philippine Islands acquired from Spain by the treaties
concluded at Paris on Dec. 10, 1898 and at Washington on
Nov. 7 1900 shall, until otherwise provided by Congress, be
vested in such manner as the President of the United States
direct for the establishment of civil government, and for maintaining and protecting the inhabitants of said Islands in free
enjoyment of their liberty, property, and religion."
li··
-,;;..1
Rodriguez, op. cit., p. 18.
135
of March 2, 1901
136Moreno, op. cit., p. 20.
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STATUTORY LAW
This measure put an end to the military government over the
greater portion of the Archipelago. It gave the President authority
to establish a truly civil government. He was to do so no longer in
his capacity as military commander but in his civil capacity as
President of the United States.
President McKinley did not change the form of government
established by him under his war powers; but in June 1901, exercising the civil authority conferred upon him by the Spooner Amendment, he created the office of Civil Governor to take effect on July 4
of the same year, and the executive power exercised previously by
the military governor, was transferred to that official. The Philippine Commission remained vested with legislative power.
This organic law may be found in the U.S. Statutes at Large,
devoted to the regulation and control ~f public lands, mi~i~g, .forests, commerce, franchises, and municipal bonds. The Philippines
h~d been completely under the control of Congress since the pas.,,
•
137
sage of this Act.
"'
.5:' The Philippine Bill likewise extended to the islands the guar~~~es of the Bill of Rights of the U.S. Constitution.
1,YJt,
· ~,;·" . Until 1907, legislative power was vested in the Philippine
Commission, the members of which continued to be appointed by
the President of the United States. From 1907, it was vested in a
bicameral legislature consisting of the Commission and the Philipiji?,eAssembly. The Assembly was composed of 81 members elected
~y the Filipino people for a term of two years.
The text of the Philippine Bill of 1902 is published in U.S.
Statutes at Large, Vol. 32 and in U.S. Code, Titles 2 and 48.
Vol. 31.
(3)
91
The Philippine Bill of 1902
The Act of Congress of July 1, 1902, or the Philippine Bill,
was an act temporarily to provide for the administration of civil
government in the Philippine Islands. It did not establish a new
form of government for the Islands but simply accepted the existing government as organized by the President through his executive orders and the Instructions of April 7, 1900. The Philippine
Bill, however, provided for the calling for a popular assembly, to be
designated as the Philippine Assembly, after complete peace should
have been established in the Islands and two years should have
elapsed from the completion and publication of a census, in case
such condition of general peace with recognition of the authority of
the United States should continue in the Christian provinces.
After the Philippine Commission certified on September 18,
1902 to the U.S. President that the insurrection in the Philippines
had ceased and the census was completed on March 28, 1905, the
elections for seats in the Philippine Assembly were held on July 30,
1907.
The Philippine Assembly was convened on October 16 1907
which together with the Philippine Commission, formed the Philip:
pine Legislature invested with the authority to legislate for all
parts of the Philippines outside of the non-Christian provinces.
Over those inhabited by them, the Commission was the sole legislative body. A large portion of the Philippine Bill, however, was
(4) The Philippine Autonomy Act of 1916
,.
·;i •. ' The Philippine Autonomy Act or Jones Law passed by Con;.' ·1*~ss·on August 29, 1916, superseded the Spooner Amendment of
i'©Ol and the Philippine Bill of 1902 as the chief organic act of the
-l?lii1ippines. It remained as such until November 15, 1935, when
-Commonwealth of the Philippines was inaugurated. This act
Hrore nearly resembled a constitution in form and content than any
\Bf-the former organic laws of the Philippines. It contained a pream'· 'ble; a bill of rights; provisions defining the organization and powers
' .. ·pf the several departments of the government, and their limita. lllons; provisions defining the electorate; and miscellaneous proviipgns on finance, franchises, and salaries of important officials.138
:o~e·
The Jones Law granted general legislative power except as
Qij}erwise provided therein to the Philippine Legislature. The legislature was bicameral. The Senate was composed of 24 members
·· -. representing 12 senatorial districts.
With the exception of two who were appointed by the Governor-General to represent the non-Christian tribes, they were all
. elected by the people for a term of six years. With the exception of
, nine who were appointed by the Governor-General to represent the
L
137Rodriguez, op. cit., p. 21.
138Id., p. 23.
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non-Christian tribes, the other 81 members of the House of Representatives were elected by the people for a term of three years.
said Law provided "for the election of delegates to a constitutional
.•convention which shall meet in the hall of the House of Repre!sentatives in the capital of the Philippine Islands, at such time as
tthe Philippine Legislature may fix, but not later than October 1,
;tl934, to formulate and draft a constitution for the government of
'·Ethe Commonwealth of the Philippine Islands, subject only to the
conditions and qualifications prescribed" in the said Independence
The Philippine Legislature was required to appropriate the
· qrij~~ssary funds to cover the expenses of the Convention.r"
92
· The Philippine .Legislature was inaugurated on October 16,
1916 'with Manuel L. Quezon as Senate President and Sergio
Osmena as Speaker of the House.
The supreme executive power was vested in the GovernorGeneral. He was appointed by the President by and with the advice
and consent of the Senate of the United States. He held his office
at the pleasure of the President and until his successor was chosen
and qualified.
The text of this Act is published in the U.S. Statutes at
Large, Vol. 39 and U.S. Code, Titles 2, 39 and 48.
b.
THE COMMONWEALTHPERIOD
(1)
The Tydings-McDuffieLaw of 1934
The Philippine Independence Act, otherwise known as the
Tydings-McDuffie Law, was signed by U.S. President Franklin D.
Roosevelt on March 24, 1934, and unanimously approved on May
1, 1934, by the Philippine Legislature on behalf of the Filipino
people. It provided for the relinquishment of American sovereignty
over the Philippines upon the expiration of a transition period of
ten years during which the Archipelago was to be under the regime
of an all-Filipino Commonwealth government established in accordance with a constitution which the Filipinos were authorized to
frame through a convention of delegates.139
This Act may be found in U.S. Statutes at Large, Vol. 48
and in U.S. Code, Title 48.
The legislative history of this Act is discussed in the Philip-
pine Charter of Liberty by Osias and Baradi.
(2) The 1935 Philippine Constitution
The Philippine Independence Law authorized the calling of a
Constitutional Convention "to provide for the adoption of a constitution and a form of government" for the Philippines. Section 1 of
I.1.w.
, .e-rr ·
-th r· The Philippine Legislature enacted on May 5, 1934 a law
~l~g for a constitutional convention of 202 elected delegates. On
'iJaj.y 10, 1934, the election of delegates took place and the co:iven·~ioµ opened on July 30, 1934. More than six months of delibera..#.9,µ,s elapsed before the final draft of the Constitu~io~ was ap_proved by the convention on February 8, 1935. The signmg of the
fffilportant instrumer:t by the delegates was. completed on F~bruary
_J.~, 1935. The Constitut10n was then submitted to the Presid~nt of
. . .t}H'l United States on March 18, 1935 for approval. President
~1;r,~in
D. Roosevelt confirmed it five ~ays later on Ma.rch_.~3rd.
:Pi,e -last step required was the subrnission of the Constitution to
-'the Filipino people for ratification, and the fundamental law of the
land was ratified by overwhelming vote at a plebiscite held on May
. -11~~1935.141
-hn: By the ne': Constitution of the Philippines ra~ified by the
_J?rli,pino people m May 14, 1935, the .Phihppme Legisla~ure was
~bolished and superseded by the National Assembly. This was a
1Af#cameral
body. It was the legislative a~thority of the Philippine
jjfgv~rnment from November 15, 1935, until the last days of 1941.
The 1935 Constitution provides for the establishment of a
~9,v~rnment that, in the language of the preamble, shall embod~
"tlle "ideals of the Filipino people, conserve and develop the patrif.p;ony of the nation, promote the general welfare, and secure to
eH\em and their posterity the blessings of independence under a
. regime of justice, liberty, and democracy. The constitution also pro'. _!wides for a republican form of government, follows the principle of
-dhe separation of powers, and contains a bill of rights. It guaran-rtees freedom of speech, freedom of the press, and freedom of reli-
/d., p. 29.
140
139/d., p. 27.
/d., p. 30.
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LEGAL RESEARCH
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gion. In most of its features, it is modeled after the Constitution of
the United States which was characterized by William Pitt, that
eminent English statesman, as "the wonder and admiration of all
future.generations and the model for all future constitutions," and
by Gladstone, another English statesman of renown, as "the most
wonderful work ever struck off at a given time by the brain and
purpose of men."
ate and a House of Representatives. Secondly, the term of officeof
the President and Vice-President was decreased from six to four
years with reelection for the President provided the total number
of years he served in office did not exceed eight consecutive years.
Thirdly, an independent Commissionon Elections was created.
94
The 1935 Constitution of the Philippines includes more than
the substantive contents above enumerated. Opening with a preamble, it is made up of seventeen articles and ends with an ordinance appended thereto. In chronologicalorder, the various articles
are: Article I. The National Territory; Article II. Declaration of
Principles; Article III. Bill of Rights; Article Iv. Citizenship; Article
V. Suffrage;Article VI. Legislative Department; Article VII. Executive Department; Article VIII. Judicial Department; Article IX. Impeachment; Article X. General Auditing Office; Article XI. Civil
Service; Article XII. Conservation and Utilization of Natural Resources;Article XIII. General Provisions;Article XIV. Amendments;
Article XV. Transitory Provisions; Article XVI. Special Provisions
EffectiveUpon the Proclamation of the Independence of the Philippines; and Article XVII. The Commonwealthand the Republic.142
The outstanding features of the 1935 Constitution of the Philippines, namely, a republican government, with a bill of rights, an
assertive National Assembly, a strong Executive and an independent Judiciary, and the inclusion of precepts embodying certain liberal principles and socialistictendencies, form the groundworkupon
which the Filipino nation, during the ten years transition period,
will undertake to build the structure of a free and independent
Philippines.
There have been three amendments to the 1935 Constitution.
By virtue of the Tydings-KoscialkowskiAct of August 7, 1939, the
appended ordinance was amended at a plebiscite on Oct. 24, 1939
and approved by President Roosevelton November 10, 1939.
In 1940, the Constitution was amended. Firstly, the National
Assembly was abolished and in its place a Congress of the Philippines was created to begin operating after the elections in November, 1941. This body is a bicameral legislature, consisting of a Sen-
142/d.' p. 31.
These amendments were introduced under Resolution No. 38,
approved on September 15, 1939, as amended by Resolution No.
73. They were adopted on April 11, 1940 by the Second National
Assembly. On June 18, 1940 these amendments were ratified by
the people and the U.S. President approved them on December 2,
1940.
In 1947, the Constitution was again amended. The amendment allowedcitizens of the United States and business enterpises
owned or controlledby such citizens equal rights in the disposition,
exploitation, development and utilization of natural resources and
the operation of public utilities in the country. This so called the
"Parity Rights" amendment was introduced by a Joint Resolution
adopted by the First Congress on September 18, 1946 and approved by the people on March 11, 1947.
The officialtext of the Philippine Constitution of 1935 may be
found in Public Laws of the Philippines, Vol. 30 (Appendix), and
in the Official Gazette, Vol. 34. It also appears in the revised
edition of Vol. 1 (1936), Messages of the President, which contains, in addition, the Tydings-McDuffieLaw and the Proclamation
of the President of the United States establishing the Commonwealth of the Philippines.
A set of the original typwritten copies of the records of the
proceedings of the convention was donated by delegate Salvador
Araneta. Another collectionis the Proceedings of the Constitutional Convention of 1935 by Senator Jose P. Laurel, in 7 volumes.
East Publishing Co. (Manila), had published the Journal of the
1935 Constitutional Convention (3 volumes).
Other materials on the proceedings of the convention are the
Journal of the Constitutional Convention of the Philippines,
edited by V.J. Francisco, 1961-65, 7 volumes; Framing of the Philippine Constitution, 2 volumes by Jose Aruego, and Constitutional Convention Records, 1966, 11 volumes (House of Rep.
Ed.).143
Moreno, op. cit., p. 21.
143
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96
Under the Constitution, broad and centralized powers are
vested in the President, including full authority to exercise the
coercive powers of the state for its preservation.
The secondary sources on the 1935 Constitution are:
1.
George A. Malcolm and Jose P. Laurel, Philippine Constitutional Law, Lawyers Cooperative Publishing Co.,
Manila, 1936;
2.
Lorenzo A. Tafiada and Enrique M. Fernando, Constitution of the Philippines, 1952;
3.
Ruperto G. Martin, Philippine Constitutional Law,
Rev. Ed., Philaw Publishing, Manila, 1954;
4.
Vicente J. Francisco, Constitutional History, East Publication, Manila, 1956.
5.
Lorenzo A. Tafiada and Francisco A. Carreon, Political
Law of the Philippines, 1956;
6.
Vicente G. Sinco, Philippine Constitutional Law, Community Publishing, Manila, 2nd Ed., 1960.
The 1943 Constitution provides for a unicameral legislature
known as the National Assembly headed by the Speaker, to be
composed of the provincial governors and city mayors as members
ex-officio and of the delegates to be elected every three years, one
from each and every province and chartered city.
'. l
I
The official text was promulgated in Tagalog and in English
and may be found in the Official Gazette, Vol. 2 (Special Number
9-A). By Proclamation of Gen. MacArthur, on October 23, 1944, the
Japanese-sponsored Constitution was declared null and void and
without legal effect in areas of the Philippines free of enemy occupation and control.
, i
Exhaustive annotations to the Constitution are contained in
the Philippine Annotated Laws (The Lawyers Cooperative Publishing Co., 1956), particularly in Vols. 1 and 2. The annotations
consist mainly of decisions of the Supreme Court, interpreting and
applying the constitutional provisions.
5.
6.
PERIOD AFTERPHILIPPINEINDEPENDENCEIN
1946
a.
Martial Law Declaration
While the 1971 Constitutional Convention was in session on
September 21, 1972, the President issued Proclamation No. 1081
placing the entire Philippines under Martial Law. On November
29, 1972, the Convention approved its proposed Constitution of the
Republic of the Philippines. The next day, November 30, 1972, the
President of the Philippines issued Presidential Decree No. 73,
submitting to the Filipino people for ratification or rejection the
Constitution of the Republic of the Philippines proposed by the
1971 Constitutional Convention, and appropriating funds therefor,
as well as setting the plebiscite for said ratification or rejection of
the proposed Constitution on January 15, 1973.144
THE JAPANESEPERIOD (1943 CONSTITUTION)
On January 2, 1942, the Imperial Japanese Forces occupied
the City of Manila, and on the next day their commander-in-chief
proclaimed "the Military Administration under martial law over
the districts occupied by the Army."
The 1943 Constitution of the Republic of the Philippines during the Japanese occupation was drafted by the Preparatory Commission for Philippine Independence headed by Jose P. Laurel.
In view of the prevailing national emergency, certain features
which in normal times would have been readily adopted were not
embodied in the Constitution, such as: (1) the article on universal
suffrage or the holding of popular elections; (2) certain provisions
on bill of rights which were found in the Commonwealth Constitution, such as (a) the prohibition against a bill of attainder, and (b)
the provisions regarding criminal procedure; (3) certain provisions
of the article on citizenship; and (4) those creating the Commission
on Appointments and the Commission on Elections.
97
The Supreme Court dismissed the petitions questioning its
ratification, thus: "This being the vote of the majority, there is no
further judicial obstacle to the new Constitution being considered
in force and effect." (Javellana v. Executive Secretary, 50 SCRA
30).145
144Rodriguez, Introduction To Law, Manila, Rex Book Store, 2001, p. 170.
, .
145/d., p. 17 4.
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98
b.
99
The secondary sources on the 1973 Constitution are:
The 1973 Constitution
The 1973 Philippine Constitution provides for a parliamentary system of government to replace the presidential system of
government under the 1935 Constitution. Under the new Constitution, there shall be a President, to serve as the head of the State; a
National Assembly of legislators elected by the people; and a Prime
Minister elected by the National Assembly from among its members, who shall be the head of the government, assisted by a cabinet appointed by the Prime Minister, a majority of the members of
which shall be members of the National Assembly at the same
time.146
The 1973 Constitution of the Philippines has a preamble and
seventeen titled articles, namely: The Preamble; Art. I - The National Territory; Art. II - Declaration of Principles and State Policies; Art. III - Citizenship; Art. IV - Bill of Rights; Art. V Duties and Obligations of Citizens; Art. VI - Suffrage; Art. VII The President; Art. VIII - The National Assembly; Art. IX - The
Prime Minister and The Cabinet; Art. X - The Judiciary; Art. XI
- Local Government; Art. XII - The-Constitution Commissions;
Art. XIII -Accountability of Public Officers; Art. XIV - The National Economy and The Patrimony of The Nation; Art. XV - General Provisions; Art. XVI - Amendments; Art. XVII - Transitory
Provisions.
The official text of the 1973 Constitution was promulgated in
English and Filipino, and translated into several local dialects, and
into Spanish and Arabic. In case of conflict, the English text shall
prevail. Both English and Filipino texts appear in Vol. 68, No. 50,
and in Vol. 69, No. 4 issues of the Official Gazette.
The Constitutional Convention Archives in the U.P. Law
Library thru its indexes will be helpful to the legal researcher on
the 1973 Constitution.
Vicente V. Mendoza's From McKinley's Instructions to the
Constitution: Documents on the Philippine Constitutional
System, Central Book Supply, Inc., Manila, 1978 contains not only
the text of the 1973 Constitution but also the other prior organic
acts and constitutions of the Philippines.
Soriano, Handbook on Legal Bibliography, Manila, Premium Book Store,
1984, p. 16.
1.
Enrique M. Fernando, Constitution of the Philippines,
Central Book Supply, 1973 Ed.;
2.
Neptali Gonzales, Philippine Constitutional Law,4th
edition, Rex Book Store, Manila, 1975.
In lieu of the Interim National Assembly, the President exercised lawmaking powers with the aid of the Batasang Bayan. The
:Batasang Bayan was convened by President Marcos on September
21, 1976. It was a quasi-legislative machinery set up in compliance
with the mandate expressed in the referendum of July 1973. It
served as a forum for discussing policies and programs of the crisis
government. It also functioned as a mechanism for evaluating policies and programs of local government units, like the barangay and
the sangguniang bayan.
The Batasang Bayan was composed of members of the cabinet
and officers with cabinet rank; members of the Executive Committee of the Katipunan ng mga Sanggunian; one representative each
from the-13 regions of the country and the President as presiding
officer. It was given certain powers to approximate a working parliament on the belief that the Batasang Bayan would be the appropriate legislative transition to the interim Batasang Pambansa.
c.
The Amendments to the 1973 Constitution
On October 16-17, 1976, in a referendum-plebiscite, seven (7)
amendments to the 1973 Constitution as proposed under Presidential Decree No. 1033 were ratified by the people. Among the amendments, were the granting of concurrent lawmaking powers to the
President which the latter exercised even after the lifting of martial law in 1981; the creation of an Interim Batasang Pambansa;
and making the incumbent President the regular President and
regular Prime Minister.147
The amendments would create a 120-member Batasang
Pambansa, a People's Assembly, consisting of elected regional members on a proportional basis, together with members of the present
Cabinet: this Batasang Pambansa would have the same power as
the Interim National Assembly that had been proposed to replace
146
1•1Ro_driguez, op. cit., p. 46.
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LEGAL RESEARCH
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the Congress of the 1935 Constitution. The power to ratify treaties
by a simple majority was withdrawn from both the new and the old
interim legislatures.
16, 1981. Because of the boycott by the opposition, Marcos was
faced with no credible opponent. The Nacionalista Party put up
Gen. Alejo Santos as the opponent of Marcos. Marcos easily beat
Santos and won a six-year term as President.
In the December 17, 1977 Referendum, the Question was:
"Do you vote that President Ferdinand E. Marcos continue in
offi:e as incumbe~t President and Prime Minister after the organization of the Intenm Batasang Pambansa, as provided for in Amendment No. 3 of the 1976 amendments to the Constitution?" The
results nationwide were: 20,062, 782 voted yes while 2 104 209 voted
No.
'
'
'
On February 7, 1978, President Marcos signed Presidential
Decree 1296 or the Revised Election Code of 1978, which provided
for the holding of elections for members of the Interim Batasang
Pambansa (IBP). Representation to the IBP was by region.
On December 22, 1979, the Batasang Pambansa enacted Batas
Pambansa Blg. 51, "An Act Providing for the Elective or Appointive
Positions in Various Local Governments and For Other Purposes"
laying the groundworks for the January 30, 1980 local elections.
In the pl~biscite held simultaneously with the January 30,
1980 local elections, the amendment making 70 years as the retirement age for members of the judiciary under Batas Pambansa Blg.
54, was approved by the people.
Responding to the popular clamor for President Marcos to
submit to elections having been in power for more than 15 years
already (1965-1981), he proposed certain amendments to the 1973
Constitl.1:tionfor the establishment of a modified parliamentary system paving the way for presidential elections.
In the third plebiscite held on April 7, 1981, the following
amendments were likewise ratified by the people:
form of govern-
101
On January 17, 1982, after almost 10 years of martial rule,
President Marcos proclaimed the termination of Martial Law and
the restoration of normal republican government. On January 30th,
the Fourth Philippine Republic was inaugurated amidst elaborate
preparations at the Quirino Grandstand in Luneta.
Pursuant to Batas Pambansa Blg. 222, elections were called
on May 17, 1982 to elect the barangay officials consisting of the
Punong Barangay (Barangay Captain) and the six Kagawads
(Barangay Councilmen).
~
l· 1
In 1983, an event occurred that would change the course of
1 history of the country, plunging it into deep economic quagmire
and irreversible political instability. On August 21, 1983, Filipino
opposition leader Benigno "Ninoy'' Aquino was shot to death at the
Manila International Airport and his alleged assassin immediately
'killed by soldiers as he returned from three years' exile in the
United States.
In the fourth plebiscite held on January 27, 1984, the amendments ratified by the people were the following:
1)
apportioning the members of the Batasang Pambansa
-among the provinces, cities, and Metropolitan Manila or its dis' tricts;
2)
providing for an ordinance to be appended to the Constitution such apportionment;
3)
establishing a different mode of presidential succession
by creating the office of Vice-President and abolishing the Execu·tive Committee;
1)
establishing a modified parliamentary
ment;
2)
instituting electoral reforms; and
4)
allowing the "grant" of lands of the public domain to
qualified citizens;
3)
permitting natural-born citizens who have lost their citizenship to be a transferee of private land, for use by
them as residence.
5)
providing that at least a majority of the members of the
cabinet who are heads of ministries shall come from the elected
representatives of the Batasang Pambansa; and
The approval of the proposed amendments to the Constitution
paved the way for the setting of the presidential election on June
6)
gram.
providing for urban land reform and social housing pro-
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102
Election for 183 elective seats in the 200-member Batasang
Pambansa as held on May 7, 1984. The new legislature convened
on July 23, 1984.148
d.
The Provisional Constitution of 1986
In November 1985, President Marcos called for special "snap"
presi<lential elections. Corazon Aquino challenged President Marcos
for the presidency and elections were held on February 7, 1986. On
February 15, 1986, the Batasang Pambansa, in the exercise of powers given by the 1973 Constitution, proclaimed Ferdinand Marcos
President amid strong opposition and widespread protest.
On February 22, 1986, Minister of National Defense Juan
Ponce Enrile holed himself in the DND Headquarters at Camp
Aguinaldo and revolted against President Marcos. General Fidel
Ramos, then Vice Chief of Staff later joined Enrile. Both of them
placed their support and recognition to Corazon C. Aquino.
The Enrile-Ramos forces were supported by hundreds of thousands of unarmed civilians who surrounded the two military camps
to prevent the Marcos military from getting Enrile and Ramos.
Other military elements soon switched their support to Enrile and
Ramos.
On February 25, 1986, Corazon C. Aquino, was proclaimed
first woman President of the Philippines in simple rites held at the
Club Filipino and was immediately sworn in by Senior Associate
Justice of the Supreme Court Claudio Teehankee. In the evening of
the same day, President Marcos left the country.
President Aquino abolished the Batasang Pambansa and declared a revolutionary government.
When Corazon C. Aquino took her oath of office as President
on February 25, 1986, Proclamation No. 1 was issued wherein she
declared that she and her Vice-President were "taking power in the
name and by the will of the Filipino people" on the basis of clear
sovereign will of the people expressed in the election of February 7,
1986. The new government came into power not in accordance with
the procedure outlined in the 1973 Constitution but as explicitly
stated in the preamble of Proclamation No. 3 which stated that
148/d., p. 48.
103
"the new government was installed through a direct exercise of the
power of the Filipino power assisted by units of the New Armed
Forces of the Philippines" and that this "heroic action of ~he ?eople
was done in defiance of the provisions of the 1973 Constitution, as
amended."149
The Provisional Constitution otherwise known as the Freedom Constitution adopted in toto the provisions of Article I (National Territory), Article III (Citizenship), Article IV (Bill of Rights),
Article V (Duties and Obligations of Citizens) and Article VI (Suffrage) of the 1973 Constitution, as amended.
Other provisions, such as Article II (Declaration of Principles
and State Policies); Article VII (The President); Article X (The Judiciary); Article XI (Local Governments); Articl~ _xII (The C.onstitutional Commissions); Article XIII (Accountability of Public Offic- ers)· Article XIV (The National Economy and Patrimony of the
· Nation): Article XV (General Provisions) were adopted insofar as
they were not inconsistent with the provisions of the ~rocla~~tion
while Articles VIII (Batasang Pambansa); IX (the Prime Minister
and the Cabinet), XVI (Amendments); and XVII (Transitory Provisions) were deemed superseded.
· The text of this Provisional Constitution is published in Vital
''Legal Documents in the New People's Government, Central
t Book Supply, Inc. and also in Constitutionalism in the Philip':pines,1997 by this writer.
e.
The 1987 Constitution
The so-called people power of February 1986 installed a new
government under Corazon C. Aquino as Presi.dent of the Repu~lic
of the Philippines. On March 25, 1986, she issued Proclamation
No. 3 promulgating a provisional constitution during a period. of
transition to a New Constitution. On April 23, 1986, Proclamation
11No. 9 was issued calling for a new draft Constitution and creating
, the Constitutional Commission of 1986.
The Preamble of the new 1987 Constitution aims to "secure to
. ourselves and our posterity the blessings of independence and democracy under the rule of law and regime of truth, justice, free-
149/d., p. 49.
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LEGAL RESEARCH
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dom, love, equality, and peace. The provisions of the national territory provides what comprises the Philippine Archipelago, "with all
the islands and waters embraced therein and all other territories
over which the Philippines has sovereignty and jurisdiction." Although the words "historic rights and legal title" in the 1973 Constitution were deleted, the Philippines is not prevented to pursue
its claims over Sabah and other territories under International
Law.1:;0
not more than 250 members unless otherwise provided by law who
are elected from legislative districts and those who, as provided by
law are elected through a party list system.
104
The Philippines is not only declared to be a republican State
but it is also now referred to as a democratic State. Civilian authority is, at all times, supreme over the military and that the
Armed Forces of the Philippines is the "protector of the people and
the State" and that "its goal is to secure the sovereignty of the
State and the integrity of the national territory.
Under the 1987. Constitution, the Philippines adopts and pursues a policy of freedom from nuclear weapons in its territory.
Non-governmental, community-based or sectoral organizations
(NGOs) are encouraged by the Constitution to .promote the welfare
of the Nation.
As to the rights of the accused, any person under investigation for the commission of an offense shall have the right to be
informed of his right to remain silent and to have competent and
independent counsel preferably of his own choice. If the person
cannot afford the services of counsel, he must be provided with one.
These rights cannot be waived except in writing and in the presence of counsel.
The 1987 Constitution also expressly prohibits torture, force,
violence, threat, intimidation, or any other means on the accused
which vitiate his free will. Secret detention places, solitary, incommunicado, or other similar forms of detention are likewise prohibited. Penal and civil sanctions for violations of the aforementioned
rules as well as compensation to and rehabilitation of victims of
torture or similar practices, and their families may be provided for
by law.
The 1987 Constitution creates a bicameral legislature, the
Senate as Upper House composed of 24 Senators elected at large
and the House of Representatives as the Lower House composed of
150/d., p. 50.
•·
The executive power is vested in the president of the Philippines. There shall also be an elected Vice-President who may be
appointed as a member of the Cabinet without need of confirmati,op,. The President who is elected at large is given a six-year term
wthout reelection. No Vice-President shall serve for more than two
successive terms.
The judicial power shall be vested in one Supreme Court and
in such lower courts as may be established by law.
Judicial power includes the duty of the courts of justice to
settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there
Has been a grave abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or instrumentality of the
Government.
The goals ofthe national economy are a more equitable distribution of opportunities, income, and wealth; a sustained increase
in the amount of goods and services produced by the nation for the
benefit of the people; and an expanding productivity as the key to
raising the quality of life for all, especially the underprivileged.
The ratification of the new Constitution paved the way for the
hiilding of elections for both the Senate and the House of Representatives. The elections were held on May 11, 1987.
,
The text of the 1987 Constitution can be found in the Official
Gazette; in Nolledo's The New Constitution of the Philippines;
and in Constitutionalism
in the Philippines
(1997) by this
writer.
The Records of the Philippine Constitutional
Commission, 5 volumes, and its three-Volume Journals provide the interpretation of the constitutional provisions by its framers.
The secondary sources on the 1987 Constitution are:
1
1.
Padilla, Ambrosio B., The 1987 Constitution of the
Philippines
with Comments and Cases, Manila, Philippine
Graphic Arts, 1987, 2 v;
2.
Magdangal, Elena B., The Aquino Presidency
Constitution, 1993;
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106
to 1982. The index to this is the Philippine Treaties Index,
3.
Bernas, J.G., The Constitution
of the Republic of
the Philippines -A Commentary, 1996; Constitutional Structure and Powers of Government, Notes and Cases, Part I,
1997;.CQnstitutional
Rights and Social Demands, Notes and
Cases, Part II, 1996; The Intent of the 1987 Constitution WritLaw, 1995;
ers, 1995; Foreign Relations in Constitutional
4.
Hector S. De Leon and Lugue E.E., Textbook on the
New Philippine Constitution, 1999; Philippine Constitutional
Law: Principles and Cases, 2 vols., 1999;
5.
IsaganiA. Cruz, Constitutional
ply, Manila, 2000;
6.
Law, Central Book Sup-
Coquia, J.R., Human Rights: An Introduction
Course,
2000;
7.
Miriam Defensor-Santiago, Constitutional
Law, Text
and Cases, Vol. 1 - Political Structure and Vol. 2 - Bill of Rights,
2000;
8.
R.A. Suarez, Principles, Comments and Cases in Constitutional Law, 2 Volumes, 1999 and 2000.
C.
Treaties
and International
1946-1982 published by the Foreign Service Institute. This index is
divided into 2 parts - Bilateral Agreements and Multilateral Agreements. The Bilateral Agreements section is arranged alphabetically by country or international agency while the Multilateral
Agreements section is arranged by subject.
Treaties and other international agreements are likewise pubLaw Documents
lished in The Lawyers Review, International
.(1945-1993), 1995 Edition; The UP Law Center has also published,
Law of the Sea, 1996 Edition. It has also published the Philippine Yearbook of International
Laws, Vols. IX to XV (19831989); Documents in Contemporary International
Law, 2 volumes, was published in 1976 edited by Dean Merlin B. Magallona.
The UP Law Complex has published the following: Vital
ASEAN Documents, 1967-1984; The Ocean Law and Policy
'Series; Philippine
Trade and Economic Agreements; and
'World Bulletin, Vols. I to XIV.
The secondary materials on treaties and international
ment are:
1.
national
Agreements
Having the same force of authority as legislative enactments
are the treaties and international agreements which the Philippines enters into with other states. A treaty has been defined as a
compact made between two or more independent nations with a
view to the public welfare. As a member of the family of nations,
the Philippines is a signatory to and has concluded numerous treaties and conventions.
The official text of treaties entered into between the Philippines and foreign nations is published in the Official Gazette.
Another official source is the publication known as Treaty Series,
released by the Department of Foreign Affairs, beginning August,
194 7 at irregular intervals. Treaties affecting the Philippines before the adoption of the Constitution appear in Acts of Congress
and Treaties Pertaining to the Philippine Islands, published
in 1920 (Washington, GPO).
Materials for treaties and international agreements where the
Philippines is a signatory are now found in the Philippine Treaty
Series published by the U.P. Law Center in 7 volumes from 1946
2.
Abad Santos, Vicente, Cases and Materials
Law, 1971. ·
Salonga, J.R. Public International
on Inter-
Law, 1974.
3.
Coquia, J.R. and Santiago, M.D., International
1998 Edition.
4.
Cruz, I.A, International
agree-
Law,
Law, 1998 Edition;
5.
Santiago, M.D., International
Law, with Philippine
Cases and Materials and Asean Instruments, 1999 Edition.
D.
Statutes
1.
Enacted by the Legislature
Legislation
In General
Legislation is the formal enactment of laws by competent au' thority and in the proper manner. This is the most important source
' of law in modern times. All nations have established some procedure for the enactment of laws. In the Philippines, legislation is
one of the three principal sources of our laws. The others are court
decisions or jurisprudence and custom.
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(3) · Each legislative district shall comprise, as far as
practicable, contiguous, compact and adjacent territory. Each
city with a population of at least two hundred fifty thousand,
or each province, shall have at least one representative.
Legislation, as a source of laws, carries with it many advantages among which is that it makes the law clear, definite and
formal. At the same time laws can be repealed with greater speed
and with certainty. The most modern form of legislation is codification. Codification is the systematic and logical compilation of all
the statutes on a certain subject of law.
( 4) Within three years following the return of every
census, the Congress shall make a reapportionment of legislative districts based on the standards provided in this section."
Being a primarily civil law jurisdiction, the primary source of
law in the Philippines is legislation. The legislature in the Philippines is known as the Congress which has a lower house, i.e., the
House of Representative and an upper house, i.e., the Senate.
a.
Constitutional Provisions
The 1987 Constitution under Art. VI (The Legislative Department) provides:
"Section l. The legislative power shall be vested in the
Congress of the Philippines which shall consist of a Senate
and a House of Representatives, except to the extent reserved
to the people by the provision on initiative and referendum.
"Sec. 2. The Senate shall be composed of twenty-four
Senators who shall be elected at large by the qualified voters
of the Philippines, as may be provided by law.
xxx
xxx
109
b.
Types of Legislation
"Statute Law" is frequently used a synonym or equivalent for
legislation. In this book however, we are using the term legislation
in a broad sense enough to include not only laws passed by Congress but also the other types of general legal rules that are prescribed in administrative regulations, local government ordinances
and the like.
Even the Constitution is "legislation" in the broad sense although of higher political and legal obligation than "ordinary" legislation because the constitution too, is a rule-prescribing instrument, one which expresses in authoritative form the general rules
or principles that govern the exercise of political power in an or. ganized society and safeguard individual interests from unwarranted governmental intrusion.
xxx
"Sec. 5. (1) The House of Representatives shall be composed of not more than two hundred and fifty members, unless otherwise fixed by law, who shall be elected from legislative districts apportioned among the provinces, cities, and the
Metropolitan Manila Area in accordance with the number of
their respective inhabitants, and on the basis of a uniform
and progressive ratio, and those who, as provided by law,
shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations.
c.
Form of Statutes
The 1987 Constitution under Art. VI prescribes the form of
Philippine Statutes to wit: "Sec. 26. (1) Every bill passed by the
Congress shall embrace one subject which shall be expressed in the
·title thereof." Upon becoming a law, they are called Republic Acts
and are consecutively numbered.
'
d.
The Enactment of Statutes
The 1987 Constitution under Art. VI provides:
(2) The party-list representatives shall constitute twenty
"Sec. 26. x x x (2) No bill passed by either House shall
percent of the total number of representatives including those
become
a law unless it has passed three readings on separate
under the party-list. For three consecutive terms after the
days,
and
printed copies thereof in its final form have been
ratification of this Constitution, one-half of the seats allocated
distributed
to its Members three days before its passage, exto .party-list representatives shall be filled, as provided by law,
cept
when
the
President certifies to the necessity of its immeby selection or election from the labor, peasant, urban poor,
diate
enactment
to meet a public calamity or emergency. Upon
indigenous cultural communities, women, youth, and such secthe
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lowed, and the vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal.
/
Sec. 27. (1) Every bill passed by the Congress shall, before it becomes a law, be presented to the President. If he
approves the same, he shall sign it; otherwise, he shall veto it
and return the same with his objections to the House where it
originated, which shall enter the objections at large in its
Journal and proceed to reconsider it. If, after such reconsideration, two-thirds of all the Members of such House shall
agree to pass the bill, it shall be sent, together with the objections, to the other House by which it shall likewise be reconsidered, and if approved by two-thirds of all the Members of
that House, it shall become a law. In all such cases, the votes
of each House shall be determined by yeas or nays, and the
names of the Members voting for or against shall be entered
in its Journal. The President shall communicate his veto of
any bill to the House where it originated within thirty days
after the date of receipt thereof; otherwise, it shall become a
law as if he had signed it.
(2) The President shall have the power to veto any particular item or items in an appropriation, revenue, or tariff
bill, but the veto shall not affect the item or items to which he
does not object."
e.
The Construction of Statutes
On the surface, the simplest approach to interpretation is to
look to the common meaning of the words used by the legislature.
This approach is sometimes implemented by a durable doctrine
known as the "plain meaning rule." Its classical formulation is that
where the statute is "clear, plain, and unambiguous" on its face, so
that taken by itself it is fairly susceptible to only one construction,
that construction must be given to it and any inquiry into the
purposes, background, or legislative history of the statute is foreclosed.
The rigors of this rule have been relaxed by permitting an
exception where the result would be "cruel," "monstrous," or "absurd" sometimes merely "impractical," "unjust," or "unreasonable."
With a growing understanding of the difficulties that attend the
use of language to express legal rules, there has come a realization
that no statute can be so clearly and accurately drawn as to avoid
11]_
ambiguity entirely and be applied literally in all situations. The
emphasis upon· common meaning of words as the principal or exclusive basis for interpretation, and in particular upon the plain
meaning rule, has largely given way to a search for the "intention"
of the legislature.
Legislative "intention" may be understood either in the specific sense of the understanding of the legislators themselves as to
the meaning of the statutory language or in the general sense of
the purpose that the legislature sought to achieve by enactment of
the statute. In the first sense it is often elusive. The number of
legislators is large, and virtually all legislatures are divided into
two houses which function separately; the average legislator can
have only a minimal knowledge of the fine points of a bill, which
are not usually discussed on the floor, and the problem before the
court may have been unforeseen and even unforeseeable at the
time of enactment. Yet in spite of these difficulties, the legislative
history not infrequently discloses that at least some responsible
legislators considered the point before the court and had a specific
intention as to the language in question.
Even where this is the case, use of extrinsic aids to show
legislative intention has been opposed for practical reasons by critics who maintain that, "Aside from a few offices in the larger cities,
the materials of legislative history are not available to the lawyer
who can afford neither the cost of acquisition, the cost of housing,
or the cost of repeatedly examining the whole congressional history."
Nevertheless, courts have frequently used extrinsic aids to
establish legislative intention as a guide to statutory interpretation. The weight given to these aids depends on how reliable they
seem as indications of an intention of the legislature as whole.
Because of the importance of the committee system, the views of
the members of a single committee may, with some justification, be
taken as those of the entire legislature. The report of a committee
that has considered the bill or a statement on the floor of the
legislature by the member of that committee who is in charge of
the bill may be particularly persuasive; changes in successive drafts
of the bill and action on proposed amendments may also be considered; but statements of individual legislators made during floor
debate rarely show a common understanding and are likely to be
the views of only one person.
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When the legislative history of the statute is not available or,
if available, does not indicate any specific legislative intention as to
the language, the court may turn instead to the legislative purpose.
The technique of purpose interpretation was applied in English
courts some four centuries ago, and the classical statement of the
process involves these steps; examination of the law before enactment of the statute; ascertainment of the "mischief or defect" for
which the law did not provide; analysis of the legislative remedy;
determination of the reason or purpose of the remedy; and application of the statute so as to "suppress the mischief, and advance the
remedy."
found. Nevertheless, maxims cannot be disregarded and may be
particularly significant in the interpretation of state statutes where
the lack of adequate records makes it more difficult to show legislative intention.
112
Purpose interpretation does not, therefore, require the use of
legislative history and is frequently used in the construction of
statutes where records of legislative history are inadequate. The
court may even find a helpful statement of the purpose of enactment set forth in the preamble or purpose clause of the statute
itself. However, purpose interpretation is not limited to situations
where there is no relevant legislative history and it is no less
effective if the purpose of the enactment is derived from one of the
extrinsic aids already mentioned, or.for example, from a presidential message describing the need for legislation.
Regardless of which approach to statutory interpretation a
court may adopt, it may embellish its opinion with one or more of
the innumerable time-honored maxims of statutory construction.
Many of these are based on assumptions as to how words are
commonly used. Thus, there is the maxim expressio unius est exclusio
alterius - the expression of one thing excludes another; the maxim
noscitur a sociis - the meaning of a word may be determined by
reference to the words associated with it; the ejusdem generis rule
- where general words follow an enumeration they are to be read
as limited to things of the same general kinds as those specifically
mentioned; and the rule that statutes in pari materia, that is, on
the same subject, are to be construed consistently with each other.
Others reflect what are assumed to be broad policies of the
law. Among these are the maxims that statutes, other than· procedural matters, will not be interpreted as retroactive and that penal
statutes are to be strictly construed in favor of the accused.
The authority of maxims is weakened by their very number,
their generality, and their inconsistency. There is a maxim for almost every purpose and for nearly every maxim, an opposite can be
2.
113
History of Philippine Legislation
a.
Pre-Spanish Period
During the pre-Spanish period, when a chieftain of a barangay
wanted a law enacted to prevent, say, the commission of serious or
minor crimes, he called in the elders of the community and told
them what he had in mind. The leaders approved his plan, for it
was meant to protect society from the incursions of the bad elements. The chieftain then made the necessary regulations or rules,
which the elders immediately approved.
A public announcer, called umalahokan, was summoned and
ordered to go around the barangay to announce the promulgation
of the new rules and regulations. ''With a bell in one hand, the
umalahokan called the attention of the subjects by ringing the bell
furiously. The people gathered around him and heard from him the
provisions of the new law. Anybody violating the law was promptly
arrested and brought before the chieftain to be judged according to
the merits of the case."
Only two laws, both originating from Panay Island, have been
historically identified: the Maragtas Code, promulgated during the
first half of the 13th century, and the Code of Kalantiao, a penal
code issued during the early 14th century. Although there have
been scholarly researches that have come out with the conclusion
that both Codes are hoaxes, others still continue to believe in the
existence of said Codes.151
The first version of the Maragtas Code was published in the
Ilongo-Bisayan language, with an English translation made much
later in Carreon's Maragtas(1943). An authoritative Spanish translation appears in Cuino, El Codigo de Maragtas, noted in the
newspapers El Debate (1938). The first Spanish text of the
Kalantiao Code is contained in Pavon, Las Antiguas Leyendas
de la Isla de Negros published in 1837, while the first English
Rodriguez, op. cit. (2), p. 118.
151
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translation of the Code was made by Robertson in his Social Struc-
The rise of the Phoenician city or Carthage in North Africa
brought the Iberian peninsula under Carthaginian influence, but
not domination. Carthage later fought with another expanding city
called Rome in the so-called Punic Wars. In 210 B.C., the great
Roman General, Publius Cornelius Scipio, captured the city of
Cartagena, pushed the Carthaginians across the sea back to North
Africa, and earned for himself the name Scipio Africanus. Carthage
itself was at last destroyed, and Spain passed on to Roman sovereignty.154
114
ture (!f and Idea of Law among Early Philippine Peoples,
The Pacific Ocean in History (1917).152
Legislation during the pre-Spanish Period, are also described
in: Romualdez, A Rough Survey of the Pre-Historic Legislation of the Philippines (Phil. L.J., 1914); Malcolm, The PreSpanish Government of the Phifippiries (Phil. Review, 1916);
Cuyugan, Origin and Development of Philippine Jurisprudence (Phil. L.J., 1917); and Blair and Robertson, The Philip-
pine Islands.153
b,
Spanish Period
Spanish legislation regarded the indigenous population of the
empire as legal minors, whose rights and obligations merited paternalistic protection from the Crown and its agents. For administrative purposes, the natives were treated as a separate commonwealth, la republica de los Indios, with its own code of laws and its
own set of magistrates. The segregation of the Indians from the
Spanish and mestizo communities gave the Indian commonwealth
a kind of ethnic-territorial reality.
There were two kinds oflaws which were enforced by Spain in
the Philippines during its colonial rule. The first consists of laws of
Spain governing Spanish citizens which were extended to the Philippines by means of royal decrees; and the second comprises a body
of laws specifically enacted in Spain to specially govern the colonies.
(1) Spanish Laws Made Applicable to the Philippines
Spain made applicable to the Philippines her own laws. To
understand the legal system introduced by the Spaniards in the
Philippines, we must first know the system of laws in Spain and
their antecedents.
a)
The System of Laws in Spain and Its Antecedents
The first major settlers of Spain were the Iberians, who intermarried the Celts who came 12 centuries before Christ, producing
a mixed race called Celtiberians.
115
For the next six and a half centuries, Spain was a Roman
territory and indeed one of the most important Roman colonies. To
Roman Spain came the Vandals, the Alans, and the Suevians, occupying Gacilia and the southern regions, leaving however the greater
part of the land under Roman sway. But in the fifth century, the
trickle became a flood, pushed forward by pressure from a new and
terrible presence in the North; the Huns, thundering from across
the barren wastes of central Asia, to pillage, conquer and destroy.
Not even the tall, robust Nordic warriors were a match to these
fierce barbarians.
.
The East Goths were overhelmed and brought under subjection; the West Goths (Visigoths) fled southward across the Danube,
and at Adrianople, their cavalry crushed the Roman infantry legions. These Visigoths under Alaric pursued their erratic course,
through northern Italy, the Po Valley, down the Italian boot to sack
and plunder Rome itself in 410 A.D., then up again to southern
France and Spain to settle there, confining the Suevians to the
west and northwest, displacing the Vandals who crossed over to
Northern Africa.155
Thus, did Spain become a Visigothic Kingdom. In 416 A.D.,
the Visigoths established their capital in Barcelona; then in Toulouse, France; and eventually, in Toledo.
1)
The Code of Euric and the Brevarium of Alaric
The Visigoths reduced to written form the customary laws
which they had brought with them and produced the Codex Eurici,
after the emperor, Euric (467-485).
Balane, The Spanish Antecedents of the Philippine Civil Code, Quezon City,
154
Moreno, op. cit., p. 29.
152
153/d.
U.P. Law Center, 1979, p. 2.
155/d.' p. 3.
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This Code of Euric, though promulgated by the conquering
sovereign, was not intended to be a general law for all the inhabitants, of Visigothic Spain; rather, it was meant to apply only to the
conque:rors. It was, in· other words, personal, rather than territorial, law. The subjugated Romanized inhabitants remained outside
its pale, these subject people being governed, with a good deal of
confusion, by whatever remaining traces of Roman law still remained among them - until Euric's son, Alaric II, decided to do
something about it.156
Alaric II formed a commission of Visigothic scholars with the
mission of formulating a body of laws for the conquered subjects on
the basis of known Roman law.
This compilation, which was otherwise known as the
Brevarium of Alaric, and the result of the labor and study of the
commission, is a compilation of Gothic and Hispano-Roman law
which had not become outmoded.
After the code was approved and promulgated by Alaric II, it
remained in force officially for more than one hundred and fifty
years, during which time the original text was expanded by the
addition of certain fragments from Ulpianus and Modestinus.
2)
Fuero Juzgo
It will be recalled that in the course of the Germanic invasion
of southern and western Europe in the fifth century, Spain was
overrun by the Visigoths. The invaders brought with them their
own law, known as the lex Visigothorum 157 more specifically the
Code of Euric, to govern the conquering Visigoths. The Brevarium
of Alaric, on the other hand, governed the conquered subjects. One
thing now was left to be done - the harmonious resolution of the
unwieldy system of legislacion doble.
About 650 A.D., the law of the two peoples were amalgamated
in a single compilation, which came to be known as Fuero Juzgo.
("Fuero" being the Castillian term for a general code of laws). It
was for all Spain, binding both the conquering Germans and the
vanquished Hispano-Romans."
'
117
It dealt, among other things, with judicial procedure, marriage, divorce, succession, matters pertaining to the Church, donations, debts and pledges, criminal offenses, slaves, physicians, fore.i,gi:i merchants, judicial conduct in the administration of justice,
4,~~tics, Jews, etc.
. In 711 A.D., the Moors under Tarik conquered Spain. Roderic,
· the Visigothic king, fell. Spain became first, an emirate under the
(fffeay-yad caliphate of Damascus and later, into an independent
.~µ-ate.
·
, f!i
-•· In 718 A.D. started the piece-meal reconquest of Spain from
the Moors in Asturias. Later, the Moors withdrew from Galicia and
Leon. In the 800's, the Basques of Navarre established an indeJ!'
·]?J1~dent kingdom. In the 900's, the kingdom of Castille arose.158
· ,fl.<
In 1085, Toledo was liberated and soon after, Valencia was
~ptured. In 1164, Aragon and Cataluna were united as a single
·~ngdom called the Kingdom of Aragon, In 1230, Castille and Leon
-~re united into one kingdom, called the Kingdom of Castille.
-'i'i··
3)
Fuero Real
·a~• 1' In 1254-1255 came the first of the Codes of Alfonso X, the
,HJ.hg of Castille: the Fuero Real. One motive which impelled him to
· take this action was the desire to unify the laws in force in order to
· W,.eE1t the advancing unity of the provinces which were being
, :( ~Rnquered one after another from Moslem domination (which
'$,Qrted in 711 A.D.).
The Fuero Real consisted of four books divided into seventy-
mo titles containing five hundred fifty-five laws. It treated public
14lW from both the spiritual and secular points of view. It also estab-
Y,~1\ed rules for the regulation of domestic relations, property rights,
Wills, descent, administration, etc. There were some provisions re'<'"
quiring
general observance of the precepts of the established religion which emphasized the role of the Church in the process to
, tlfitional unification.
:..1fn
4) Las Siete Partidas
11
The last and most celebrated of Alfonso X's codes was the
Siete Partidas. A renewed compilation of Alfonso X, recognized as
156Rodriguez,
The History of the Judicial System of the Philippines (Spanish
Period, 1565-1898), Manila, Rex Book Store, p. 8.
157Francisco,
Legal History, Manila, East Publishing, 1951, p. 449. Downloaded by Johnny English (cyanide0827@gmail.com)
158Rodriguez,
op. cit. (3), p. 10.
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LEGAL RESEARCH
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the Justinian of Spanish jurisprudence, Siete Partidas were taken
largely from the Roman laws, and were fundamental in the law of
Spain and her colonies.
The Sixth Partida, under nineteen titles, continued the subject of civil legislation, the first fiftee~ treating of testa~e~ts, codicils, of heirs, successions, executors, mtestates and partitions, and
the last four, of minors, orphans, tutorship, curators, etc.
Accordingto the generally accepted view, the work of compiling the Partidas was begun in 1265. However, it did not receive
officialsanction after its completion.This was promulgated only in
1348 during the reign of AlfonsoXI.
It was divided into seven parts, each commencingwith one of
the letters of the author's name, Alfonso,and had one hundred and
eighty-two titles comprising two thousand four hundred and seventy-nine laws.
The First Partida embraces twenty-four titles, and treated in
the first two, were the natural law and the laws of usages and
customs, and in the remaining twenty-two,the Holy Catholicfaith,
religious doctrines and canonicallaws.159
The Second Partida comprisedthirty-one titles on public law,
the first eleven of which treated of the prerogatives of the crown,
duties of the monarch to his family,officers and subjects, and religious observances; the next nine, of the duties of the people towards the sovereign; and the remaining titles, of military captives
and ransoms, public education, professors, organization of studies,
etc.
The Third Partida treated, under thirty-two titles, first of
justice and the benefits of its wise administration; the next twentyseven treated of the judicial organization and rules of possession
and servitudes. Nearly all its provisions were Roman Law.
The Fourth Partida was divided into twenty-seven titles and
was dedicated to civil law, principally on family relations, while the
last seven considered feudalism, relations between lord and vassal,
and a dissertation on friendship which had little logical sequence
with that which preceded it.
The Fifth Partida comprisedfifteen titles taken from the Roman civil law on the subjects of obligations and contracts, including loans, deposits, commodatum, sales, partnerships, mortgages
and pledges.
;
The Seventh Partida treated of penal legislation under thirtyfhur titles, with a termination explaining the meaning of certain
words and rules. While defective in some particulars, this Partida
J.~, cpnsideredas the most advancedlegislation of the times on crimiflfM laws.l"
On October 19, 1469, Ferdinand of Aragon married Isabela of
Castille, making possible the political unification of Spain after a
long war of reconquest against the Moors.
In 1482 Ferdinand and Isabela defeated the Moors and
reconquered Granada, the last remnant of Moorish rule. The vanquished Moorish chief Boabdil glanced at Granada for the last
tfu.e, his eyes brimming with tears. His wife Aixa scorned him:
"Weeplike a woman for what you could not defend like a man." The
;~conquest had been completed.
'
5)
Leyes de Toro
The lawyers who were members of Cortes which met at Toledo
in 1502 had requested the King to order a systematic codification
of all the laws in force. The work was done by a Commissioncomposed of Galindez de Carvajal, Juan Lopez de Rubios, and the
bishops of Cuenca, Zapata, Mojica,Tello,and Santiago.161
The Code had eighty-three different laws placed one after
another. It treats of the sources of law, inheritance, succession,
marriage, criminal law, civil procedure, criminal procedure, persons and family relations, etc. Unlike the previous compilations,
the Leyes de Toro had full binding authority and remained in force
until the appearance of the modern codes. When the Nueva
Recopilacion and the Novisima Recopilacion were promulgatedlater
on, all the provisions of the Leyes de Toro were included.
.I'
-r:
=t«, p. 451.
Francisco, op. cit., p. 450.
159
161Pascual, Introduction to the Study of Law, Manila, G. Rangel and Sons,
1951, pp. 124-125.
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6)
Nueva Recopilacion
The beginning of the sixteenth century ushered in the period
of renaissance and of great colonial expansion. It was several years
after the promulgation of the Leyes de Toro that the idea of compiling the varied laws and compilations and abrogating at the same
time all provisions which have fallen into desuetude had taken hold
of the legal minds of the country.
The first of these codes was completed in 1562. After some
further revision, Philip II, who had in the meantime succeeded
Charles V, sanctioned the compilation in 1567. Philip II, seeing the
great and urgent need for law reform, commissioned a minister of
his Council, named Bartolome Lopez de Arrieta, and, upon this
man's death, another jurist, Bartolome Atienza, to undertake this
difficult task. On 14 March 1567, the resultant compilation was
promulgated by His Majesty under the title "Nueoa Recopilacion de
las Leyes de Espana." This new code sought to incorporate and
unify the diverse strands of the Fuero Real, the Partidas, the Ordinance of Montalvo, the Laws of Toro, and the other laws. It also
contained royal decrees and legislative enactments up to the time
of its preparation. It was composed of nine books, with 214 titles
and 3,391 laws. It is the fifth book which deals with civil law.162
7)
Novisima Recopilacion
Towards the end of the 18th century (1798), Charles IV, wishing something to be done about the legal situation, commissioned
Juan de la Requera Valdelomar, a jurist, to revise the Nueva
Recopilacion. The work was submitted to the King in 1802, and on
15 July 1805, it was promulgated under the title "Novisima
Recopilacion de las Leyes de Espana." It was structured along the
same lines as the Nueva, consisting of 12 books with 340 titles and
4,020 laws. The civil law portion is found in Book X, with 24 titles.163
b)
Modern Spanish
Codes
In 1811, the Cortes assembled at Cadiz and passed a resolution providing for the steps to be undertaken for the codification of
Rodriguez, op. cit. (3), pp. 16-17.
/d., pp. 17-18.
162
163
121
all the laws in force in Spain concerning civil, penal and procedural
matters. In 1813, a code commission of five eminent jurisconsults
was appointed. The work was begun immediately and continued all
through the nineteenth century before all the codes were finished.
- .•
Codigo de Comercio of 1885
1.
The first of these was Codigo de Comercio which was published in 1830. This code was modeled after the French Code of
1(fommerce of 1807 and on the decrees of the Court of Bilbao of 1737
,whlch was revised on several occasions, one in 1760, another in
1i69 and the last one in 1787. In 1819, it was augmented by the
((]ortes which met at Cadiz. In 1827, it was revised and became the
!provisional code of commerce of Spain. It remained in provisional
!operation for nearly two years until 1830, when as Codigo de
11:omercio, it finally took effect. The Codigo de Comercio of 1885,
-which came into force in Spain on January 1, 1886 replaced the
'1:830 Code. This code was extended to the Philippines by royal
.!decreeon August 6, 1888 and took effect therein on December 1,
'.ll.888.
1,.'
2. Codigo Penal of 1870
·":
'1\)
rl~;> The criminal law of Spain was first codified in 1822 and con. -tdnued in force until it was replaced by the Penal Code of 1848. It
· -was patterned after the French Penal Code of 1810. Largely on the
efforts of Pacheco, this code was superseded by the Penal Code of
1850 which was merely a revised version of the previous ones. It
1its
not until 1870 that a systematic penal code was promulgated.
·!hlis code was later amended in 1876. This Penal Code was extended to the Philippines by royal Decree in 1887.
'
,8'J'
3.
The Codes of Civil and Criminal Procedure
5L
The Code of Civil Procedure of October 5, 1853 was made
.~ffective in the Philippines in 1855, while the Code of Criminal
,,P;rocedure of September 14, 1882 was made applicable in the Phil;tippines in 1887.
4.
Codigo Civil of 1889
On 8 May 1851, the Commission submitted a draft of a Civil
Code, divided into preliminary title and 3 books, containing a total
. of 1,992 articles. The first book was on Persons; the second, on
Property
and Ownership; and the third, on the Modes of Acquiring
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Ownership (contracts were given as one of such modes). Dissatisfaction with this draft, as well as deep-seated opposition from the
regions, again caused the project to be pigeonholed.164
On ·2 February 1880, another royal decree called for codification, and this time the composition of the Code Commission was
trans-regional, with members representing Cataluna, Aragon,
Galicia, Navarre, and the other regions. In 1881, a Proyecto de
Bases - an outline of bases for fundamental points - was submitted to the Senate, and in 1881, the draft of the first two books - on
persons and on property. Three years later, the Minister of Justice
presented a proposed Ley de Bases - fundamental points on which
the Civil Code was to be based, totalling 27 in number - to the
Cortes, which however, due to irresolution and its dissolution, failed
to decree it into law. But on 11 May 1888, it became law by royal
fiat. The draft of the Code having been completed by the Code
Commission, a royal decree of 6 October 1888 ordained the publication thereof. On 11 February 1889, it was decreed that the new
Code would take effect that the new Code would take effect on 1
May of that year, but it was actually on 24 July 1889 that the
definitive text of the Code was promulgated. Spain had a Civil
Code.
This code was based primarily on the Code Napoleon, although
the defects of the latter were remedied and some of its provisions
improved. The code was also based on the provisions of prior compilations.
The Civil Code, with the exception of the portion relating to
marriage, was extended to the Philippines by royal decree in 1889.
(2) Laws Specially Enacted for the Colonies
While in general, the law of Spain applied also in the colonies,
the statutes of the latter and the conditions existing there made
necessary adaptions, modifications and supplementary legislation.
Special colonial regulations were devised to meet the requirements
of the colonies without too great a deviation from the law that
governed the mother country.165
Balane, op. cit., p. 40.
Vance, The Background of Hispanic-American
Catholic University of America, 1937, pp. 128-129.
164
161
a)
123
Legislation for the Colonies
The legislation of the Indies embraced the royal cedulas, decrees, provisions, sentences, resolutions, judicial acts and letters
referring to public or private law, which means that in its elaboration and promulgation, many agencies and institutions intervened:
~~eking, the _cou~cil of th_e _Indies, th~ ministry of t~e Indies, ~he
yiceroys, audiencias, municipal councils, consulates, intendencies,
~ithout mentioning those that derived their authority from
'cb'iicordats and international councils.
The laws for the government of the colonies were enacted in
Spain and were transmitted in the form of royal cedulas (orders
emanating from superior tribunals, in the name and by the authority of the king); ordenamientos, pragmaticas (orders emanating from
i~e king, ~iffering from cedulas_ only. in for~ and in the mode of
promulgat10n); reglamentos (written instructions by a competent
authority, no special form being observed); resoluciones (opinions of
srtperior authorities on matters referred for decisions; instructions
to inferior authorities); autos acordados (judicial sentences or deci~ions); decretos (important resolutions of the king printed and published, usually comprising laws of a general character); provisiones
(the dispatches issued by the audiencias in the name of the King,
With full royal authority); carta abierta (open letter equivalent to a
modern circular, granting some privileges or petitions to someone,
although directed to all without distinction).
The legislation of the Indies originated, therefore, in a great
diversity' of agencies, a fact that perhaps accounts for its profusion
'a's well as its acted for the Indies was public law, especially politi~al, administrative and penal. In matters of private law, the Span~sh legislation proper was used as a supplementary source, although
ill general, the private law of the Indies is based on the laws of
ISpam.
.
b)
First Collection of Laws Relating to the Colonies
The first collection of laws relating to the government of the
colonies was published at Alcala in 1543. It contained the decrees
·6f Charles V. The earliest compilation of laws relating solely to the
'Indies that was printed was that of the ordenanzas for the government of the audiencia de Mexico. It is said to have been printed in
Law, Washington, D.C.: The
Mexico in 1545, and to have obtained the royal sanction in 1548. In
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a similar collection of laws was made by order of Antonio de
l! I
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124
Mendoza, viceroy of Peru, for _the government of the audiencia at
Lima. It is uncertain whether this was ever printed. A cedula of
September 4, 1560 (in its provisions, it was merely a reproduction
of the one of 1552), ordered Luis de Velasco, viceroy of New Spain,
to have printed a compilation of the documents in force within the
jurisdiction of the audiencia of Mexico. The task was entrusted to
Vasco de Puga, a judge of the audiencia (Order of the Viceroys of
March 4, 1563). He did it with such expedition that it was finished
in November and published in the same year. It contains cedulas
and laws relating to New Spain from 1525 to the date of compilation.
c)
Compilation of Laws Initiated by the Council
In 1550, Philip II had ordered a general codification; abrogated laws were to be excluded, conflicting provisions reconciled
and the gaps filled by the new provisions.
obtain information as
to the records of the Council of the Indies, Juan de Ovando compared about two hundred volumes, abstracting laws, instructions,
decrees, ordinances, and proposed to put this legislative material
into seven books. Of this work, the whole of the first book was
compiled, yet the first title (relating to the Council of the Indies
and its ordinances) alone was printed in 1598. This was the beginning of the Recopilacion of the Indies.
ro
d)
The Codigo Ovandino
In his honor, the compilation was called the Codigo Ovandino.
It was also otherwise known as the Recopilacion de las Leyes de
Indias. It was promulgated by Philip II in a royal decree in 1570
and sent to the different viceroys and audiencias to be carried into
effect. Before the death of Ovando (1575), Alonso de Zorita prepared a compilation of the laws of the Indies in 1574. Zorita had
held the office of judge in the audiencias of Santo Domingo, Guatemala and Mexico for twenty years. Also, hearing on the royal cedula
for twenty years.
I
.t
In 1606, Hernando de Villagomez, a member of the Council of
the Indies, began to compile cedulas and other laws relating to the
Indies, but the work was left unfinished. In the meantime, Solorzano,
a judge of the Audiencia of Lima, in compliance with a commission
of Philip II (1610), made a six-volume collection of cedulas, which
received the royal approval on July 3, 1627.
e)
General Compilation by Aguilar y Acuna and Pinelo
The work on the general compilation was continued by Rodrigo
de Aguilar y Acuna who proposed, in collaboration with the president of the council, to finish the compilation, and while glossing it,
to harmonize it with the royal decrees and the civil law at least.
Aguilar divided his work into eight books and subdivided these
into parts. The first part was ready and published as Sumarios in
1628. The order and arrangement observed was that of the Partidas
and the Recopilacion de Castilla. Combining the method followed
until then, a sort of digest was formed, omitting the repealed provisions and abstracting those in force, in order to avoid the bulkiness
that the compilation would have attained if the documents were
published integrally.
After Aguilar died, Antonio de Leon Pinelo continued the compilation alone. According to his own declaration, he worked for
more than ten years on the preparation of the compilation, from
1624 to 1634. In 1634, he presented the draft in a finished and
perfected form, reduced to nine books which contained more than
ten thousand laws taken from thirty thousand cedulas and royal
ordinances more than two hundred thousand of which he read in
the original.
On October 20, 1634, the Council of the Indies approved his
work and the next year, the manuscript of the Recopilacion was
presented to the Council. But this compilation again did not answer the purpose fully, and many years had to pass before a more
complete collection could be made.
f)
The Recopilacion de Leyes de los Reynos de lndias
During the years 1549-1596, it seemed that Diego de Encinas,
a clerk in the office of the king's secretary, was instructed to make
The work on a general Recopilacion continued until it was
copies of all provisiones, cartas, cedulas, etc., dispatched prior to
ready in 1677, and was promulgated by a decree of May 18, 1680. A
1596. Diego de Zorrila continued the work of Encinas, adding a
decree of November 1, 1680 ordered it to be printed. It went into
selection of cedulas of more recent date, but he left the work in
the colonies as the Recopilacion de Leyes de las Reynos de Indias.
manuscript and incomplete.
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This compilation was composedof nine books divided into two
hundred eighteen (218) titles and consisting of 6,377 laws or provisions. Among other things, the compilationcontained provisions on
public law, ethics, laws for the government of the colonies concerning political, military, religious, and fiscal administration. There
were also provisions concerning ecclesiastical law such as provisions governing the relation of the church and the state. The colonies were divided into archbishoprics,bishoprics and parishes. Concerning political administration, provisions were included which
divided the coloniesinto vice-royalties,audiencias, provinces of the
royal treasury (provincias de oficiales de la hacienda real), provincial military governments (adelantados), government districts
(gobernaciones), high magistracies (alcaldias mayores), low magistracies (corregimientos), simple magistracies (alcaldias ordinarios
y de hermandad), and municipal districts (consejos). The provisions
on ethics dealt with the relation among the natives and the Spaniards.
and that of Miguel de la Guardia. Among the other publications of
law relating to the Indies is that ofAguero, containing among other
things the regulations concerning the royal treasury in the Indies,
and those of the tribunales de cuentas, accompaniedwith notes and
1
comments. Even after the Recopilacion was printed, partial collections continued to be published from time to time.
A provision of the Recopilacion established the order of the
sources so that questions not fully covered or not provided for in
subsequent decrees were to be decided in accordance with the general laws of Spain. It was not a complete compilation for the government of the colonies,but rather an enumeration of exceptionsto
the common law of Spain. The method of the Recopilacionof the
Indies was similar to that of the other compilation of Spanish laws.
No distinction had been made between laws and administrative
acts of a temporary nature. The result was a digest of the royal
enactments for the political, military and fiscal administration of
the colonies.
'H.
g)
Compilations Subsequent to the Recopilacion
(3) Evaluation of the Laws in the Philippines During
the Spanish Period
., ,,
John Bowringin his bookA Visit to the Philippine Islands,
1859 had this to say on the laws of the Philippines during the
Spanish era:
"In the Philippines, there is a great mass of unwritten,
or at least unprinted, law, emanating from different and independent sources, often contradictory,introduced traditionally,
quoted erroneously; a farrago, in which the "Leyes de Indias,"
the "Siete Partidas," the "Nooisima Recopilacion," the Roman
Code, the ancient and the Royal Fueros - to say nothing of
proclamation, decrees, notifications,orders, bandos - produce
all the "toil and trouble" of the witches cauldron, stirred by
the evil genii of discord and disputation."
v !
( 4) Materials on the Spanish Laws
a.
Primary Materials
The official repositories of Spanish laws are the several editions published by governmental organs and by private persons
under royal authority. Statutes and royal decrees making them
'effective in the Philippines are contained in the Boletin Oficial
"and in the Gaceta de Manila. The provisions of the aforemen·''tioned laws have been cited by numerous decisions of the Supreme
Court and Court ofAppeals in cases involvingtheir application and
interpretation.
The Recopilacion de las Indias is regarded as the basic collection of the laws and regulations prior to the year 1680. For a later
period, Belena made a compilation which reproduced the regulations in extenso. Belena also re-published all the cedulas and deIn WenceslaoE. Retana's five-volumework (1895-1905)enticrees promulgated from 1528 to 1677 collected previously by
~~led "Archivo de Bibliofilo Filipino," his short catalog of legal
Montemayor,adding to them those that had appeared from 1677 to
1'ni.aterials included folios of royal decrees and orders, and a few
1680. Belena's work did not receive official sanction, but it was
codes:
usually cited as authoritative. Covering later laws and decrees,
there is also the chronologicalcompilation of A.X. Perez y Lopez,
Codigo Penal de Filipinas y Ley Provisional sobre la
which contains uncollected materials; and elaborate and compreaplicacion de las disposiciones del mismo por el "Faro Juridico"
hensive work of Zamora y Coronada, that of Rodriguez SanDownloaded
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Codigo Comercio para las Islas Filipinas y demas Archipelago (Imprenta de R. Moreno y R. Rojas, Madrid.)
. Codigo Penal, Librong quinapapalamnan nang manga
parusang inilalaan sa mga casalanan nang manga sundalo (Maria
Perez Rubio, Manila.)166
Comercio; Gay de Montella, Tratado Practico de Sociedades
Mercantiles; Alvarez de Manzano, Codigo de Comercio; Danjon,
Derecho Maritimo; Farina, Derecho Comerica! Maritimo.167
(5)
b)
Secondary
Materials
The rich source of secondary materials on Spanish Laws come
from the accepted Spanish commentators, namely:
1)
Civil Law:
Manresa, Commentarios
al Codigo Civil Espanol; Castan
Tobenas, Derecho Civil Espanol, Comun y Foral; Valverde,
Tratado de Derecho Civil Espanol; Mucius Scaevola, Codigo
Civil, Concordado y Commentado; Sanchez Roman, Estudios
de Derecho Ci Vil; Navarro Amandi, Custonario del Codigo
Civil; De Buen, Derecho Civil Espanol Comun; Bonet, Derecho
de Familia y Sucesiones; De Castro y Bravo, Derecho Civil de
Espana; Puig Pena, Tratado de Derecho Civil Espanol; De
Diego, Curso Elemental de Derecho Civil Espanol; Commun
y Floral; Espin Canovas, Manual de Derecho Civil Espanol;
De Diego, Instituciones
de Derecho Civil Espanol; Medina y
Maranon, Leyes Civiles de Espana; Colin y Capitant, Curso
Elemental del Derecho Civil; and Planiol y Rippert, Tratado
Practico del Derecho Civil.
2)
Criminal
Law:
Viada, Codigo Penal; Cuello Calon, Derecho
Penal;
Groizard, Codigo Penal de 1870; Rodriguez Navarro, Doctrina
Penal; Hidalgo, Codigo Penal; Ripolles, Codigo Penal; Puig Pena,
Derecho Penal; Pacheco, Derecho Penal.
3)
Commercial
Law:
Benito, Derecho Mercantil; Blanco, Derecho Mercatil;
Vivante, Tratado de Derecho Mercantil; Echevarri, Codigo de
129
Legislation
Period
in the Philippines
During the Spanish
Under the Spanish rule, the legislative powers were shared
};>y three entities: (1) the Governor-General who could promulgate
executive decrees, edicts or ordinances with the force of law; (2) the
Royal Audencia which passed laws in the form of autos accordados,
and (3) the Crown of Spain acting through its councils.
Serving as chief legislator was a governor-general who was
assisted by two advisory bodies where he stood as President. The
other entity exercising legislative powers in the Philippines was
the Royal Audencia which was the Spanish Supreme Court in the
Philippines. The governor-general also stood as the President of
this body.
ci
Many historians observed, however, that the legislative function during the Spanish period was monopolized by a set of interlocking bodies, where· the Chief Legislator, the governor-general,
exercising unbounded powers, also stood as President and member
of other bodies which were supposed to advise him. Filipino representation was also largely absent in the legislative bodies.
c)
The Period of the Philippine
Revolution
In the closing years of the Spanish regime, the revolutionary
government of Emilio Aguinaldo inaugurated a Congress on September 15, 1898 at the Barasoain Church in Malolos, Bulacan.
This Congress was later on referred to as the Malolos Congress.
The Malolos Congress, also known as the Assembly of Representatives, was the lawmaking body of the First Republic. It was a
unicameral body composed of representatives, one-third of whom
had been chosen by the officials of the municipalities under the
control of the Revolutionary Government, and the others appointed
by Aguinaldo to represent the areas under the American Army
166Gupit
and Martinez, A Guide to Philippine Legal Materials, Manila, Rex
Book Store, 1993, p. 20.
167Moreno,
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which could not send delegates. The Malolos Congress is best rememberod for framing the Malolos Constitution. The functions and
powers of the legislative branch of the First Republic was defined
and enumerated by the Malolos Charter as follows:
1.
To watch over the interest of the Philippines' people;
2.
To carry out the revolutionary laws and discuss the vote
upon said laws;
3.
To discuss and approve the accounts presented annually
by the Secretary of Finance, as well as "extraordinary
and other taxes which may be hereafter imposed."
Several reasons prompted the creation and convening of the
Malolos Congress. Primarily, it was established to attract the country's elite - the intellectuals and the wealthy - to join the revolution. Secondly, the creation of a representative government was
given primarily to make good impression on foreign powers. A popular Assembly was deemed necessary in order to enhance the image
of the new Republic.
The delegates of the Congress constituted the cream of the
country's professionals and intellectuals. An official directory of the
Malolos Assembly of Representatives listed a total of 201 members
who had served the body at one time or another. Most historians,
however, have placed the Assembly membership at only 130.
The assembly despite the time constraints, turned out to be a
prolific legislature. Its first official act was the ratification of the
"Act of Declaration oflndependence" on 29 September. It also passed
a number of important laws designed to protect the new Republic
from incursions of foreigners and to protect the local business and
labor.
With the outbreak of the Philippine-American War in February 1899, the Assembly's activities were hampered by the emergency situation.
d)
131
The American Period
The Treaty of Paris of 1898 which was ratified on April 1,
1899 formally ended Spanish sovereignty in the islands and marked
the beginning of American rule.
American occupation of the Philippines started with a Military Government by the U.S. Army which also discharged legislative functions by issuing "general orders."
Pres. McKinley's Instructions to the Second Philippine Commission on April 7, 1900 vested legislative powers in said Commission. These were later ratified by the U.S. Congress in the Philippine Bill of 1902, and the legislative powers of the military government were transferred to the Commission.
After the Philippine Commission certified on September 18,
1902 to the U.S. President that the insurrection in the Philippines
had ceased and the census was completed on March 28, 1905, the
~lections for seats in the Philippine Assembly were held on July 30,
1907.
The Philippine Assembly was convened on October 16, 1907,
which together with the Philippine Commission, formed the Philippine Legislature invested with the authority to legislate for all
parts of the Philippines outside of the non-Christian provinces.
Over those inhabited by them, the Commission was the sole legislative body. A large portion of the Philippine Bill however, was
devoted to the regulation and control of public lands, mining, forests, commerce, franchises, and municipal bonds. The Philippines
had been completely under the control of Congress since the passage of this Act.
The Philippine Bill likewise extended to the Islands the guarantees of the Bill of Rights of the U.S. Constitution.
Until 1907, legislative power was vested in the Philippine
Commission, the members of which continued to be appointed by
the President of the United States. From 1907, it was vested in a
bicameral legislature consisting of the Commission and the Philippine Assembly. The Assembly was composed of 81 members elected
by the Filipino people for a term of two years.
Laws enacted by the provisional governments established during the revolutions against Spain and the United States may be
found, albeit scattered, among the various works of Philippine historians. The first successful attempt at compiling them (decrees,
The Philippine Autonomy Act of 1916, established a bicameral
orders, proclamations, etc.) is recorded in Guevara's edition of The
Philippine Legislature. The Philippine Assembly becoming the House
Laws of the First Philippine Republic, published by Downloaded
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LEGAL RESEARCH
pine Senate composed of 24 members representing 12 senatorial
districts.
With the exception ·of two who were appointed by the Governor-General to represent the non-Christian tribes, they were all
elected by the people for a term of six years. With the exception of
nine who were appointed by the Governor-General to represent the
non-Christian tribes, the other 81 members of the House of Representatives were elected by the people for a term of three years.
The Philippine Legislature was inaugurated on October 16
1916 with Manuel L. Quezon as Senate President and Sergio
Osmefia as Speaker of the House.
The legislative body reverted to a unicameral National Assembly under the 1935 Constitution. However, the Constitutional
amendments of 1940 restored the bicameral legislature.
Early repositories of legislative activities began with the creation of the First Philippine Commission in 1900 as a fact-finding
agency and continued when the Commission was vested with lawmaking powers. They are the Report of the Philippine Commission to the President (Government Printing Office 1900 4
Vols.) and the Report of the Philippine Commissio~ to the
Secretary of War (GPO, 1900-1915, 25 Vols.)
The legislative proceedings were published in the Diario de
Sesiones in 1907, which served as a daily record of the sessions of
the Philippine Commission and Philippine Assembly. During the
Commonwealth era, it was succeeded by the Congressional
Record which reported the proceedings of the unicameral National
Assembly and later, of the bicameral Congress. Its publication was
temporarily suspended during the war and resumed in 1945. The
Re~ord for the House of Representatives was written in English,
while that for the Senate appeared in both English and Spanish.
Official compilation oflaws in the Philippines during the American Period may be found in the Compilation of Acts of the
Philippine Commission (Bureau of Printing, 1908), embracing
acts of the Philippine Commission and military orders in force on
October 15, 1907 and omitting all private, special, temporary, and
local acts and laws which do not constitute a part of the general
and permanent legislation of the islands.
Pedro Paterno published in Madrid in 1903, El Regimen
Municipal de las Islas Filipinas; and, later, in 1910, a "manual
II
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STATUTORY LAW
133
del ciudadano filipino," entitled Gobierno Civil de las Islas
Filipinas. Severiano Concepcion y Nava wrote in 1912 a Manual
de procedimiento
y reglas parliamentarias,
"con una
coleccion de formularios," with a prologue by Teodoro M. Kalaw.
This was published by Cultura Filipina. In 1919, Joaquin San
Agustin published through the Bureau of Printing a book on Philippine laws, Repertorio de Iegislacion filipina. In the area of
civil law, two American jurists, Charles A. Willard and Frederick C.
Fisher, both prolific writers, pioneered in annotating the Spanish
Civil Code, both in the Spanish and English languages. Fisher
turned out two other compendiums later, one on civil procedure
and the other on stock corporations. All of them were published by
Lawyers' Cooperative Publishing Co. of Rochester, New York.168
Justice George A. Malcolm came out in 1916 a tome on the
Government of the Philippine Islands, a Lawyers' Cooperative
publication. He wrote Comparative Constitutional
Law in 1920,
which he revised in 1928. Earlier, in 1923, Justice Malcolm put on
print a well-received work on Legal and Judicial Ethics which
he revised in 1949. In 1927, the Bureau of Printing also published
Malcolm's Revised Ordinances. In 1932, Justice Malcolm and
Maximo Kalaw co-authored a book on the Philippine Government (Manila: Associated Publishers). Jose P. Laurel himself wrote
on the Election Law (Oriental Commercial, 1922; Bureau of Printing, 1925) with a bilingual edition in 1928; Batas sa Halalan with
Miguel Tolentino as co-author (General Printing, 1930); and Administrative Law and Practice in 1932. He also had works published by Cecilio Press in 1934 on the appreciation of ballots and by
Ilagan and Sanga in 1940 on the Election Law.169
From the establishment of the American civil government in
1900 to 1935, there were 4,275 laws passed by the Philippine Commission and its bicameral successor, the Philippine Legislature.
These statutes are contained in the Bureau of Printing 31-volume
set, Public Laws, in English and Spanish editions. The contents
of each volume include: (1) numerical list of acts; (2) list of amended
or repealed acts; (3) text of acts; (4) list of codes, general orders, or
executive orders amended or repealed acts; (5) appendices, usually
embodying important executive orders and proclamations, resolu-
Gupit, op. cit., pp. 21-22.
ld., pp. 23-24.
168
169
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tions, and acts of U.S. Congress applicable to the Philippines; (6)
alphabetical list of executive order and proclamations of the betical
list of executive order and proclamations of the betical list of executive order and proclamations of the Governor (Military and Civil);
and (7) general index.
Resolutions,· also a publication of the Bureau, the post-war laws
of the Commonwealth appear, particularly its Vol. 1, while the
OfficialGazette embodies all the Commonwealthstatutes. The legislation for this period should be cited as Com.Act No. 613 (1940).
134
Volume 31 of Public Laws has the distinctive features of a
complete list of all amended and repealed acts, and a cumulative
general index of the 4,275 statutes, making it the most valued book
in the collection.The Bureau of Printing has also printed the laws
in a smaller sized edition, bereft of lists, appendices and indices, in
volumes corresponding to the set of Public Laws. The Official
Gazette is another repository of these statutes. Legislation for this
period should be cited as Act No. 1160(1904).
The Philippine Permanent and General Statutes, of the
UP Law Center publishes the statutes enacted in the country since
the Philippine Commission,which are still in force and of permanent and general character. Vol. 1 of this publication publishes the
Acts of the Philippine Commission,PhilippineAssembly and Philippine Legislature up to CommonwealthAct 137.
Special statutes have been compiled in publications such as
Compilation of Laws and Regulations Relating to Public
Lands in the Philippine Islands (Bureau of Printing, 1921) and
Internal Revenue Laws of the Philippines (Bureau of Printing, 1937)which contains laws concerninginternal revenue in force
on January 1, 1937 and compiledunder the direction of the Collec'tor of Internal Revenue.
e)
The Commonwealth Period
The 1935 Constitution provided for a unicameral National
Assembly until the Constitutional amendment of 1940 which restored the bicameral legislature. The Commonwealth period witnessed the enactment of 733 statutes. The first 412 acts were published in 2 volumes known as Public Laws of the Commonwealth. The continuation of this set was interrupted by the war
and subsequently abandoned. The contents are patterned after the
original Public Laws.
The Philippine Permanent and General Statutes, Vol. 1
contains the CommonwealthActs from CA 1 to CA 137 while Vol. 2
contains CA 138 to 732.
f)
The Japanese Period
During the Japanese period, the 1943 Constitution provided
for a unicameral legislature known as the National Assemblyheaded
by the Speaker to be composedof the provincial governors and city
mayors as members ex-officio and of the delegates to be elected
every three years, one from each and every province and chartered
city.
Some laws passed by the National Assembly were published
in the Official Gazette.
Upon the defeat of the Japanese forces in the Philippines, the
civilian government was restored. Elections for the bicameral legislature was held on April 23, 1946 and on July 4, 1946, the Philippines was granted independence by the United States.
g)
The Period After Independence
Upon independence, there were 6,635 RepublicActs that were
legislated by a bicameral Congress from July 4, 1946 to September
; 21, 1972. The repository of these statutes is the government publi. cation, Laws and Resolutions. The contents are: (1) text of acts;
(2) simple, joint, and concurrent resolutions of the House of Representatives and the Senate; and (3) alphabetical index.
The Laws and Resolutions has the followingvolumes:
Vol. I (Rep. Acts Nos. 1-89)
Vol. II (Rep. Acts Nos. 90-197)
Vol. III (Rep. Acts Nos. 198-342)
Vol. IV (Rep. Acts Nos. 343-421)
Vol. V (Rep. Acts Nos. 422-590)
A collectionof all 733 statutes of the CommonwealthGovernment has been published in English and Spanish by the Bureau of
Vol. VI (Rep. Acts Nos. 591-673)
Printing in 6 volumes (1935-1946),entitled Commonwealth Acts,
Vol. VII (Rep. Acts Nos. 674-833)
by Johnny English (cyanide0827@gmail.com)
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136
Vol. VIII (Rep.Acts Nos. 834-972)
Vol. IX (Rep.Acts Nos. 973-1201)
Vol..X (Rep.Acts Nos. 1202-1411)
Vol. XI (Rep.Acts Nos. 1412-1613)
Vol. XII (Rep. Acts Nos. 1614-2049)
"t/ol. XIII (Rep.Acts Nos. 2050-2093)
Vol. XIV (Rep.Acts Nos. 2094-2616)
Vol. XV (Rep.Acts Nos. 2617-3020)
Vol. XVI (Rep.Acts Nos. 3020-3450)
Vol. XVII (Rep.Acts Nos. 3451-3511)
Vol. XVIII (Rep.Acts Nos. 3513-3846)
Vol. XIX (ReP,. Acts Nos. 3847-4172)
Vol. XX (Rep. Acts Nos. 4173-4641)
The Official Gazette also publishes the texts of prominent
statutes, with their latest amendments, in pamphlet form and loose
copies. The legislation for this period should be cited as Rep. Act
No. 1792 (1957).
The Philippine Permanent and General Statutes, Vols.
II, III, IV and V contain the RepublicActs of this period.
h)
The Martial Law Period
During the martial law period, a total of 2,036 Presidential
Decrees were promulgated as of February 20, 1986 which were issued first in loose-leaf mimeographed form by the legislation secretary of the Officeof the President and cited as: Pres. Decree No. 603
(1975); while 891 Batas (Legislative Acts) were passed by the
Batasang Pambansa (LegislativeAssembly)as of February 1, 1986
which were compiledin a bookpublished by the Batasang Pambansa
itself and cited as Batas Blg. 80 (1981), Acts and Res., 1980-81, 1-30.
The Philippine General and Permanent Statute, Vol. V
contains PD 1 to PD 366.
i)
Aquino's Revolutionary Government
r
I
STATUTORY LAW
137
stalled a revolutionarygovernment and promulgated the provisional
or freedom constitution of 1986. She assumed legislative powers by
using Executive Orders. Meantime, she appointed a Constitutional
Commissionto draft a new Constitution.
From February 25, 1986 until the convening of the Congress
of the Philippines on July 26, 1987; a total of 302 Executive Orders
were issued by President Corazon C. Aquino and cited as Exec.
Order No. 1 (1986).
The laws issued by the martial law (Marcos)and revolutionary (Aquino)regimes above mentioned are contained in the following publication:
1.
CBSI, Vital Legal Documents in the New People's
Government (Contents: PD, GO, BP, EO, LOI, RA, etc.), 116 Vols.;
2.
Vital Legal Documents in the New People's Government (Contents: PD, GO, BP, EO, LOI, RA, etc.), 29 Books;
3. Vital Legal Documents (Second Series). · Contents:
Republic Acts, Selected Executive Orders, Guidelines, Rules and
Regulations Issued by Various Government Law-enforcingAgencies.
j)
Period Under the 1987 Constitution
The 1987 Constitution restored a bicameral congress with a
Senate and House of Representatives which is still the legislature
up to the present.
From 1987 up to the present, the new Congress had enacted
2,503 laws, from RA 6636 up to RA 9139.
3.
Publications on Philippine Statutes, In General
The Official Gazette contains all legislative acts and all resolutions of the Legislature, of a public nature, all executive orders,
such decisions or abstracts of decisions of the Supreme Court as
may be deemed by said court of sufficient importance, and other
official documents as are usually published in an official gazette,
such as administrative orders and regulations issued by departments, bureaus and offices and legal and officialnotices.
The publication of any law, resolution or other official docuIn 1986, Corazon Aquino was installed as President by the
ments in the Official Gazette is prima facie evidence of its authenpeople power at EDSA. She dumped the 1973 Constitution,Downloaded
inby Johnny English (cyanide0827@gmail.com)
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LEGAL RESEARCH
The secondary sources on Philippine Statutes can be found in:
J.
Guevara, Public Laws Annotated, 7 v.;
2.
Guevara, Commonwealth
3.
Jacobo & Sons, Public Laws of the Commonwealth,
4 volumes which was accepted as substitute reference for
the official publication;
4.
Moran's Index to Republic Acts, with 1957 Suppl.;
5.
Index to Republic Acts, 1946-1965 by Juan Rivera;
6.
The Philippine Annotated Laws (P.A.L.) of the Lawyers Cooperative Publishing Co. compiled all laws of general and permanent nature in force as of January 1,
1956 which group together various laws having a common subject matter, annotated with all decisions of the
Supreme Court interpreting theni. Cumulative supplements were issued periodically;
Acts Annotated,
3 v.;
7.
Vital Legal Documents
8.
Aguirre, Subject & Title Index to Executive
Feb. 25, 1986-July 26, 1987.
4.
Summary
of Philippine
Index Guide, 1976;
Orders,
Legislation
a. LEGISLATION IN THE PHILIPPINES
(1900-.2001)
During the martial law period, a total of 2,036 Presidential
Decrees were promulgated by President Marcos as of February 20,
1986 while 891 Batas (Legislative Acts) were passed by the Batasang
Pambansa (Legislative Assembly) as of February 1, 1986. From
February 25, 1986 until the convening of the Congress of the Philippines on July 26, 1987, a total of 302 Executive Orders were
NUMBER OF
STATUTES
ENACTED
FIRST LAWS
PASSED
LEGISLATIVE
AUTHORITY
1900·1935
Philippine Commission,
Philippine Assembly,
Philippine Legislative
Acts
4,275
Act 1 - Appropriating
$2M for highways and
bridges
1935-1941
National Assembly,
Congress
Commonwealth Acts 733
CA 1 - Providing for
National Defense of the
Phils.
1946-1972
Congress
Republic Acts
6,635
RA 1 - Appropriating
Funds for Gov't of the
Commonwealth July 1,
1946-1947
1972-1986
Marcos as Legislator under Presidential Decrees 2,036
Martial Law
PD 1 - Reorganizing
the Executive Branch
of the Gov't
.
'
Batasang Pambansa (1978- Batas Pambansa
1986)
891
BP 1 - Appropriating
Funds for the Government from Jan. 1 to
Dec. 31, 1979
President Aquino as legis- Executive Orders
lator in the Revolutionary
302
E0-1 PCGG
2,524
RA 6636 - Resetting
Local Elections from
Nov. 9, 1987 to Jan. 18,
1988
Creating the
Gov't
; 1987· to present
period witnessed the enactment of 733
Upon independence, there were 6,635 Republic Acts that were
legislated by a bicameral Congress from July 4, 1946 to September
21, 1972.
NAME OF
STATUTES
PERIOD
1986-1987
The statutes of the Philippines are found in the various
enactments of the Philippine Legislature since its promulgation in
1900. From the establishment of the American civil government in
1900 to 1935, there were 4,275 laws passed by the Philippine Commission and its bicameral successor, the Philippine Legislature.
The Commonwealth
statutes.
issued by President Corazon C. Aquino. From 1987, 2,524 Republic
Acts have been passed, the latest of which is R.A. 9160 otherwise
known as "Anti-Money Laundering Act of 2001" which was signed
into law in October, 2001.
Congress
Republic Acts
b. List of Codes Enacted by Philipppine
Legislatures
The following codes have been enacted in the Philippines:
1.
Codigo de Comercio
2.
3.
4.
5.
Corporation Law
Administrative Code of 1917
Revised Penal Code
National Internal Revenue
Code of the Phils.
Revised Election Code
6.
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Royal Decree
Act 1459
Act No. 711, as amended
Act No. 3815
Com. Act. No. 466,
as amended
R.A. 180
Dec. 1, 1888
April 1, 1906
Oct. 01, 1917
Dec. 08, 1930
June 15, 1939
June 21, 1947
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LEGAL RESEARCH
STATUTORY LAW
Civil Code of the Philippines
Tariff and Customs Code
Agricultural Land Reform
Code
Lana Transportation arid
Traffic Code
Election Code 1971
R.A. 386
R.A. 1937
June 18, 1949
June 22, 1957
43.
R.A. 3844, as amended
Aug. 8, 1963
44.
R.A. 4136
R.A. 6388
June 20, 1964
Sept. 2, 1971
45.
46.
Code of Agrarian Reform
National Building Code
of the Phils.
14.
Amending Tariff and
Customs Code
Local Tax Code
15.
Forestry Reform Code
16.
17.
Labor Code of the Philippines
Real Property Tax Code
18.
Child and Youth Welfare Code
19.
20.
Insurance Code of the
Philippines
Revised Forestry Code
21.
22.
Code of Sanitation of the
Philippines
23. ·- Land Transportation and
Traffic Code
Coconut Industry Code
24.
25.
Land Transportation and
Traffic Code
Water Code of the Philippines
26.
Code of Personal Muslim Law
27.
R.A. 6389
Sept. 10, 1971
47.
R.A. 6541
Aug. 26, 1972
P.D. 34
P.D. 231, as amended
P.D. 389
P.D. 442, as amended
P.D. 454, as amended
P.D. 603, as amended
Oct. 27, 1972
June 28, 1973
Feb. 5, 1974
May 1, 1974
May 23, 1974
Dec. 10, 1974
P.D. 612
P.D. 705
Dec. 18, 1974
May 19, 1975
7.
8.
9.
10.
11.
12.
13.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
48.
49.
50.
51.
52.
53.
54.
P.D. 856
Dec. 13, 1975
55.
P.D. 896
P.D. 961
Jan.26, 1976
July 14, 1976
P.D. 1057
P.D. 1067
Nov. 30, 1976
Dec. 31, 1976
of the Phils.
P.D. 1083
National Building Code,
as amended
P.D. 1096
Philippine Environment Code P.D. 1152
Fire Code of the Philippines
P.D. 1185
Tariff and Customs Code
P.D. 1464, as amended
Insurance Code on
Mutualization of Stock
P.D. 1280
Life Insurance Companies
Election Code of 1978
P.D. 1296
Government Auditing Code
of the Philippines
P.D. 1445
Tariff and Customs Code
P.D. 1464
Tariff and Customs Code
P.D. 1498
Insurance Code of 1978
P.D. 1460
Insurance Code
P.D. 1455
Corporation Code of the
Philippines
B.P. Blg. 68
Land Transportation and
Traffic Code
P.D. 1814
Land Transportation and
Traffic Code
P.D. 1934
Omnibus Election Code
B.P. Blg. 881
Feb. 4, 1977
Feb. 19, 1977
June 6, 1977
Aug. 26, 1977
June 11, 1978
Jan. 6, 1978
Feb. 7, 1978
June 11, 1978
June 11, 1978
June 11, 1978
June 11, 1978
June 11, 1978
May 1, 1980
Jan. 11, 1981
56.
E.
National Code of Marketing
of Breast Milk Substitute E.O. 51
E.O. 209 as amended
Family Code of the
by E.O. 22
Philippines
E.O. 292
Administrative Code of 1987
Comprehensive Agrarian
R.A. 6657
Reform Law
RA. 6713
Code of Conduct and Ethical
Standards for Public
Officials and Employees
Cooperative Code of the
R.A. 6938
Philippines
Local Government Code
R.A. 7160
of 1991
E.O. 226
Omnibus Investment Code
Intellectual Property Code
R.A. 8293
R.A. 8424
Tax Reform Act of 1997
Flag and Heraldic Code of
the Philippines
R.A. 8491
Philippine Fisheries
Code of 1998
R.A. 8550
Revised National Plumbing
--·Resolution No. 04-99
Code of the Phils.
The Securities Regulation
Code
R.A. 8799
141
Oct. 20, 1986
July 17, 1987
July 25, 1987
June 10, 1988
April 21, 1989
March 10, 1990
Oct. 10, 1991
Feb. 17, 1995
June 6, 1997
Dec. 11, 1997
Feb. 12, 1998
Feb. 25, 1998
Sept. 30, 1999
July 19, 2000
Administrative Rules and Regulations
Administrative acts and commands of the President of the
Philippines touching on the organization or mode of operation of
the government of the rearranging or readjustment of the districts,
divisions, part or parts of the Philippines and all acts and commands governing the general performance of duties by public employees or disposing of issues of general concern are made effective
by the issuance of Executive Orders. Those orders fixing the dates
when specific laws, resolutions or orders are to have or cease to
take effect and any information concerning matters of public moment determined by law, resolution, or executive orders, take the
form of executive proclamations. Ordinarily, administrative orders
are confined to the exercise by the President of the Philippines of
his power deciding administrative cases. Sometimes they may contain regulations for the conduct of subordinate officers in the executive department in the performance of their official duties.
June 11, 1984
Executive Orders and Proclamations of the Governor-General
Dec. 3,Downloaded
1985
by Johnny English (cyanide0827@gmail.com)
during the American period were published annually in a set en'ti-
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STATUTORY LAW
LEGAL RESEARCH
tied "Executive Orders and Proclamations."
Thirty-three volumes were published until 1935, by the Bureau of Printing.
During the Commonwealth Period, the administrative acts
and orders of the President were published in the Executive Orders in four volumes; Proclamations
in seven volumes, covering
period from 1935 to 1941.
All those executive orders, administrative orders and proclamation are published in the Official Gazette and in the Public
Laws as appendices.
To assist the President of the Philippines in the performance
of his executive functions, various departments, bureaus, agencies
and other offices under them have been established. The head of
the departments, and head of bureaus and other agencies; are authorized to issue orders, rules and regulations for the proper and
efficient performance of their duties and functions or the effective
enforcement of the laws within their respective jurisdiction. However, i1_1, 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 law authorizing their issuance.
Government agencies may also be grouped together in accordance with their powers and functions.
1.
Agencies with implied quasi-legislative
powers
Examples are the Bureau of Forestry, Bureau of Prisons, National Bureau of Investigation, Bureau of Tourism Services, Department of Social Welfare and Development. They have administrative rules and regulations which have not been expressly directed by law to be issued, but they are necessary in the proper
discharge of the functions of the agency.
2.
Agencies with express quasi-legislative
powers
These are the Government Service Insurance System, Social
Security System, Department of Labor and Employment, Bureau of
Internal Revenue, Philippine Medical Care Commission, Board of
Investments. They are specifically authorized by law to promulgate
implementing rules and regulations.'?"
Jd., pp. 130-131.
170
3.
Publications
tions
on Administrative
143
Rules and Regula-
These orders, rules and regulations are usually published in
the Official Gazette, those imposing penalty for their violation
must be published in the Official Gazette before they become
effective. Each department, bureau or agency issuing such orders,
rules and regulations are expected to keep official records and files
thereof and mimeograph copies are usually made available to the
public.
General studies made of administrative offices and their rulemaking power include: Carreon, Administrative
Law; Fernando
& Fernando, Administrative Law; Martin, Administrative Law,
and Revised Administrative Code; and Rivera, Administrative
Law of the Philippines.
Materials containing Administrative Rules and Regulations
are also found in: The National Administrative
Register containing rules and regulations, circulars, memoranda and other official issuances issued by different. government agencies, published
quarterly; Vols. 1 to 12 (1990-2001) by the UP Law Complex.
Publications by the particular administrative agencies are as
follows:
a. , Civil Service Commission
Book V of the Revised Administrative
Code of 1987 on
the Civil Service Commission. Lays down the basic policies and
provisions of the law on the CSC as the central personnel agency of
the government. It also presents the systems and procedures by
which the operation of the civil service are to be based including
personnel administration.
Omnibus Rules Implementing Book V of Exec. Order
292 and Other Pertinent Civil Service Laws. Lays down the
implementing rules adopted and prescribed by the CSC to carry
out the provisions on civil service embodied in Book V of the Revised Administrative Code of 1987. Also includes the revised rules
on appointments and other personnel actions and new rules on
leave.
Uniform Rules on Administrative Cases in the Civil Service. Embodies the uniform rules of procedure in the conduct/adjudication of all a~strative proceedings, either disciplinary or
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STATUTORY LAW
144
145
LEGAL RESEARCH
non-disciplinary, in the civil service both at the commission and
agency levels. It also contains the revised schedule of penalties for
and the classifications of administrative offenses.
Rules Implementing
the Code of Conduct and Ethical
Standards for Public Officials and Employees (RA 6713). Lays
down the prescribed rules set by the CSC in the application/implementation of the provisions of RA 6713 otherwise known as the
Code of Conduct and Ethical Standards for Public Officials and
Employees. Includes the full text of RA 6713.
Revised Omnibus Rules on Appointments and Other Personnel Actions. Consolidated general rules and policies on appointments and other personnel and.other personnel actions in the
civil service. This manual also lays down the responsibilities of the
human resources management officer/personnel officer, certain
modes of separation from the service and prohibitions.
Omnibus Rules on Leave. A handbook containing pertinent
policies and implementing rules and regulations governing leave
administration, Also includes a listing of leave privileges/benefits
and their corresponding entitlement and availment; illustration of
how to compute leave credits and monetization.
Personnel Officers Manual. Outlines the responsibilities of
the personnel officer in the different areas of human resource management and development such as recruitment and examination,
promotion, performance evaluation, appointments preparation, leave
administration, retirement, personnel relations, discipline, benefits,
rewards, incentives and career development. It also discusses the
legal authority and objectives of the Council of Personnel Officers.
Revised Policies on Performance
Evaluation System.
Presents a comprehensive discussion of the revised policies on performance evaluation in the civil service adopted by the CSC to
install and implement performance-based security of tenure. The
PES aims to draw up an objective assessment of employee performance.
Agency Performance
Evaluation System (A Model). A
model for the development of PES designed by the CSC. The PES
Model will help or guide agencies in preparing their respective PES
based on corresponding policies and its proper application. Compliance with the revised PES by agencies is crucial as it will serve as
the basis for all agency personnel actions such as promotion and
grant of productivity incentive bonus.
Memorandum Circulars 1992-2000. An annual compilation
of all memorandum circulars issued by the CSC in book form. Memorandum Circulars are compiled per year.
Qualification Standards Manual. Contains an alphabetical listing of roughly 4,000 positions in government service with
corresponding educational, experience, training and eligibility requirements. It also includes the positions' respective salary grade
'level, and sector classification. The qualifications listed in this
'manual are the minimum requirements set by the CSC for each
position; agencies are not precluded from setting higher standards
that will suit their needs.
CSC Memo Circulars Index (1988-1998). Contains a listing of all memo circulars issued by the CSC covering the period
't988 to 1998, classified according to subject. It also indicates the
newspaper and date of publication for circulars which were published to ascertain their respective dates of effectivity;
Manual on Definitions of--Administrative
Offences in
the Civil Service. A handbook of definitions to serve as aid for
legal practitioners as well as government workers involved in han1dling administrative cases and other legal matters.
b.
Securities
1.
2.
3.
c.
d.
SEC Polio, 1946-1976;
SEC Bulletin;
SEC Weekly Bulletin;
Central Bank
1.
Financial Journal;
2.
Central Bank Annual Reports and Compilations;
Department
1.
e.
and Exchange Commission
of Labor and Employment
Rules and Regulations implementing
Code;
the Labor
Department of Agrarian Reform
1.
Comprehensive Agrarian Reform Program and Presidential Issuances;
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STATUTORY LAW
LEGAL RESEARCH
147
ipartment of Justice
F.
Department of Justice, Revised Circulars, 1963;
The 1987 Constitution created the Autonomous Regions in
Muslim Mindanao and in the Cordillera. The legislative assemblies
of these autonomousregions enact ordinances to govern the region
and may create administrative agencies to operate in the regions.
mgerous Drugs Board
Dangerous Drugs Board Regulations (1988);
oard of Investments
Ordinances Enacted by the Autonomous Region
G.
Omnibus Investments Codeand Implementing Regulations (1989);
Ordinances Enacted by Local Government Units
The basic local government units are the provinces, cities,
municipalities and barangays. Each of these units have lawmaking
powers to pass what is commonlycalled "ordinances" (to distinguish them from statutes enacted by Congress) which are usually
of local interests only.
A local ordinance ia legally ineffectiveif inconsistent with statutes enacted by Congress.
ffice of the Insurance Commission
. Insurance Reporter.
materials include:
:BSI, Comprehensive Agrarian Reform Law which
Iso contains the list of DARAdministrative Orders and
rilemorandum Circulars, 2000;
The Local Government Code of 1991 provides:
vlilagros A. German, Administrative Orders and Executive Issuances in Implementing PD 27 and the
0ARL-RA 6657 from 1988to 1994, 1996 Ed.;
CBSI, The Intellectual Property Code of the Philip[pines (RA 8293) with Movieand TelevisionReview and
Classification Board, Videogram Regulatory Board and
their implementing rules and regulations, issuances, and
related special laws, 1999 Edition;
CBSI, Philippine National Police Law, with Implementing Rules and Regulations, Criminal Procedure, Evidence, NAPOLCOMand DOJ Circulars, and Related/Pertinent Laws, 1997 Edition;
CBSI, 1998 Supplement to PNP Law: RAs 6963, 8505,
8551, Manual of Procedure for the PLEBs, etc.;
"Sec. 16. General Welfare. - Every local government unit
shall exercise the powers expressly granted, those necessarily
implied therefrom, as weii as powers necessary, appropriate,
or incidental for its efficient and effective governance, and
those which are essential to the promotion of the general welfare. Within thei~ respective territorial jurisdictions, localgovernment units shall ensure and support, among other things,
the preservation and enrichment of culture, promote health
and safety, enhance the right of the people to a balanced e.cology, encourage and support the development of appropnate
and self-reliant scientific and technological capabilities, improve public morals, enhance economicprosperity and social
justice, promotefull employmentamong their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants."
Rodriguez,R.B., The Laws and Regulations Governing the 1998 National and Local Elections, 1998Edition;
This is the so-called "general welfare clause" which empowers
local government units to enact and implement measures for the
general well-being of their inhabitants. Its basis is the policepower
of the State as delegated to local government units.
·
Sibal, J.A.R., Omnibus Election Code Annotated, with
Comelec Rules of Procedure, Rules of Senate, House of
Representatives, Comelec Resolutions, Related Special
Laws and Forms, 1992 (Reprinted 1997).
Verily, the powers of a local government unit are not absolute.
They are subject to limitations laid down by the Const~tutionand
the laws such as our Civil Code. Moreover, the exercise of such
powers should be subservient to paramount considerations of health
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STATUTORY LAW
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148
and well-being of the members of the community. Every local government has the sworn obligation to enact measures that will enhance the public health, safety and convenience, maintain peace
and order, and promote the general prosperity of the inhabitants of
the local units. Based on this objective, the local government should
refrain from acting towards that which prejudice or adversely affect the general welfare. (Makasiano vs. Diokno, 212 SCRA 464).
149
Computerized Legal Research Services
II.
The texts of the Constitutions and statutes above m~ntioned
may be sourced from two computerized legal research services.
The Lex Libris, produced by CD Asia, Inc. has the following
databases:
l.
Laws (Philippine Edition), Vol. I;
The Local Government Code of 1991 also provides:
2.
Taxation (Phil. Edition), Vol. II;
"Sec. 511. Posting and Publication of Ordinances with
Penal Sanctions. - (a) Ordinances with penal sactions shall
be posted at prominent places in the provincial capitol, city,
municipal or barangay hall, as the case may be for a minimum period of three (3) consecutive weeks. Such ordinances
shall also be published in a newspaper of general circulation,
where available, within the territorial jurisdiction of the local
government unit concerned, except in the case of barangay
ordinances. Unless otherwise provided therein, said ordinances
shall take effect on the day following its publication, or at the
end of the period of posting, whichever occurs later. · ·
3.
Jurisprudence, (The Philippine Supreme Court Reports),
4.
Department of Justice (Opinions of the Secretary), Vol.
(b) Any public officer or employee who violates an ordinance may be meted administrative disciplinary action, without prejudice to the filing of the appropriate civil or criminal
action.
(c) The secretary to the sanggunian concerned shall
transmit official copies of such ordinances to the chief executive officer of the Official Gazette within seven (7) days following the approval of the said ordinance for publication purposes. The Official Gazatte may publish ordinances with penal sanctions for archival and reference purposes."
The official repositories of the ordinance of the City of Manila
were the Official Gazette and the Bureau of Printing Publication,
Ley Organica y Ordenanzas Revisadas (1918), and the Revised Ordinances of the City of Manila (1936). The Gazette
however stopped publishing city ordinances shortly after the war.
Another publication of the Printing Office was the annotation and
compilation prepared by Justice Malcolm, The Charter of the
'iJd.
I
IV;
w'1 , 5.
Local Autonomy and Local Government, Vol. V;
6.
Environment and Natural Resources, Vol. VI;
7.
Labor and Social Legislation, Vol. VII;
8.
9.
Elections, Vol. VIII;
Trade, Commerce and Industry, Vol. IX;
10. Bangko Sentral ng Pilipinas, Vol. X;
11.
Securities and Exchange Commission, Vol. XI;
The Philjur, produced by Gigabytes Research Systems, Inc.
also has a database on all laws of the Philippines.
-H;1
City of Baguio and the Revised Ordinances of the City
Baguio. Important ordinances of the City of Manila appear in
legal periodicals.
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CASE LAW
CHAPTER 5
CASE LAW
B.
A.
Case Law
While statute law is derived from the lawmaking agencies of
the government, case law comes from the judicial authorities of the
State.
The second major category of primary sources of law in the
·
Philippines after fae statutes is judicial decisions.
1.
Decisions Proper
a.
Decisions of the Supreme Court
b.
Decisions of the Court of Appeals
c.
Decisions of the Sandiganbayan
d.
Decisions of the Court of Tax Appeals
e.
Decisions of the Regional Trial Courts
f.
Decisions of the Metropolitan Trial Courts, the Municipal Trial Courts and the Municipal Circuit Trial Courts
2.
Subordinate
a.
Decisions of the Senate Electoral Tribunal and the House
of Representatives Electoral Tribunal
b.
Decisions of Administrative Agencies Exercising QuasiJudicial Powers, such as:
Decisions
Commission on Elections
2.
Civil Service Commission
150
Commission on Audit
4.
National Labor Relations Commission
5.
Insurance Commission
6.
Housing and Land Use Regulatory Board
7.
Department of Agrarian Reform Adjudication Board
Pre-Spanish
Judicial
System
Period
Disputes are inevitable in any society, and Filipino society
before the arrival of the Spaniards was not an exception. But the
disputes were usually, though probably not always, decided peacefully through a "court" composed of the chieftain as judge and the
barangay elders as "jury."
Trials were held publicly and decisions were rendered promptly.
The accuser and the accused faced each other with their respective
witnesses. The latter, to show their honesty and sincerity, took an
oath to this effect: "May the crocodile devour me if I tell any falsehood." "May the lightning strike me if I don't tell the truth and
nothing but the truth." May I die here and now if tell a lie." May
the sun and the moon frown upon me." It was as simple as that:
there was no bible to put one's right hand on, unlike today when
the Bible is not taken seriously by these who swear by it.
Case law may be diVided into:
1.
3.
The Philippine
1.
151
The disputants then began presenting their arguments, buttressed by the testimonies of their respective witnesses. The chieftain listened attentively and the elders took mental notes of the
arguments. The disputant with more witnesses to his side was
adjudged as winner. Naturally, not a few losers contested the decision. In this case, the chieftain, acting as Judge and executive,
enforced his judgment by siding openly with the winner and compelling the defeated party to respect the judgment of the honorable
court. Under such circumstances, the defeated party had no other
recourse than to bow to the inevitable.
2.
Spanish Period
a.
In general
On September 10, 1519, the great Portuguese explorer Fernao
de Magalhais (Ferdinand Magellan), sailed for the crown of Castille,
leaving San Lucar de Barrameda in Spain with five leaky vessels
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and 265 men to launch history's greatest voyage. After six months
spent crossing the Atlantic and following the American coast southward, Magellan found the passage that bears his name and rounded
Cape Horn. Upon entering the calm waters of a huge ocean, he
christened it La Pacifica. Three months and thousands of kilometers
later, on March 16, 1521, Magellan landed in the Philippines.
Real Audiencia; d) the Alcaldes-Mayores (Courts of First Instance);
and e) the Gobernadorcillos (Justice of the Peace Courts).171
152
At the base of the judicial structure was the gobernadorcillo
who governed the town or pueblo. He had jurisdiction over all civil
cases arising among Indios, Chinese mestizos and Chinese that .
involve small sums, i.e., at a certain point, not more than forty-four
pesos, and petty criminal cases, i.e., at a certain period, exceeding
sentences of ten days imprisonment or fines of five pesos.
Magellan's arrival in the Philippines in 1521 became the basis
for Spain to claim and colonize the islands. Three Spanish expeditions were sent to the islands which all ended in failure. Finally on
November 21, 1564, Miguel Lopez de Legaspi sailed from Navidad,
Mexico to the "islands of the West towards the Moluccas" and subsequently landed in the Visayan islands and founded the City of
Cebu in 1565. Manila was later founded as a capital city in 1571.
The foundation of Spanish sovereignty over the Philippines had
been laid.
The alcalde mayor, in pacified areas and the corregidor in
unpacified areas, exercised judicial powers in the provinces and
had jurisdiction in the first instance over both civil cases and in
most criminal matters. They also acted as appellate judge for suits
originating from the gobernadorcillo.
/
The Real Audiencia of Manila, which was the supreme tribunal in the Philippines, both had civil and criminal jurisdiction in
cases of appeal from the alcalde mayor or corregidor. However, the
Real Audiencia performed other functions aside from its judicial
duties.
The administration of justice in the Philippines during the
Spanish period had five components - the law, the judiciary (which
included both ordinary and special courts and the prosecution), the
law enforcement agencies, the prison system and the legal profession.
Firstly, there was a need for a body of laws to govern the
conduct of the people and regulate the relations among individuals
and between the individual and the sovereign. Secondly, the judicial system provided the mechanism for the adjudication of disputes among individuals and between the individual and the government or state. Thirdly, law enforcement agencies were needed
to uphold the law and enforce the decisions rendered by the judiciary. Fourthly, there had to be a prison system for public punishment of those who violated the law. Lastly, a group of persons with
legal training manned the judicial posts and acted as advocates of
individuals in protecting their rights.
During the Spanish period, the laws governing the Philippines consisted of laws of general application in Spain which were
made applicable to the Philippines; laws specially promulgated by
competent authorities, such as the Council of the Indies, to govern
the Spanish colonies like the Philippines; and laws or regulations
promulgated by the Spanish authorities in the country.
The hierarchical structure of the judicial system insofar as
general or ordinary jurisdiction was concerned generally consisted
of the following: a) The Crown; b) the Council of the Indies; c) the
153
At certain periods, before the creation of the Real Audiencias
and during its abolition, the Governor had supreme judicial powers
in the Philippines. Even after the establishment of the Audiencia,
the Governor continued participating in the judicial affairs as President of the Audiencia.
i'
The decisions of the Real Audiencia in certain cases were
appealable to the Council of the Indies in Seville, Spain. When the
Council was abolished in 1834, its judicial functions were assumed
by a newly created Tribunal Suprema de Espana de Indias.
Since the Council of Indies was a creation of the King, the
unquestioned head of Spanish government, the latter as absolute
ruler, had the power to reverse the rulings of the Council of the
Indies.
The judicial system, likewise, included special courts for certain special classes of persons, such as the ecclesiastical courts for
the religious, the army and navy courts for military personnel and
the commercial courts for merchants. Other special courts for special matters consisted of the Contentious Court for complaints
against the administration of the government, the Treasury Court
Rodriguez, op cit. (3), p. 2.
171
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CASE LAW
for cases involving the royal treasury, including cases of smuggling,
etc. and the Probate Court for the adjudication of probate cases.
The judicial system included the Department of Public Prosecution which represented the government and its institutions in
the enforcement of the law and in all civil and criminal actions to
which the state was a party.
The third component consisted of law enforcement agencies
consisting of the cuerpo de cuadrilleros, the municipal police under
local government officials and the Guardia Civil, the national constabulary, the forces of which were assigned to particular provinces
under the provincial commanders who reported directly to the governor and captain general.
The fourth component was the prison system consisting of
municipal jails, provincial jails, major penitentiaries such as the
Bilibid Prison and those in Cavite, Zamboanga and Marianas, and
penal farms or colonies in Palawan, Davao, Cotabato and
Zamboanga.
The legal profession consisted of lawyers who were either appointed to the judiciary and public prosecution or were the practising lawyers, and those who had some legal training who were either notaries or clerks appointed to assist the courts.
Another notable institution was the juico de residencia, a form
of investigation and trial of a colonial official's actuations during
his incumbency.172
b.
Audiencia Real Manila.
155
Santiago de Vera, the recently appointed governor of the Islands became the first president of the audiencia real. He arrived
Manila on May 28, 1584 and the first session of the audiencia
was held on June 15, 1584.
hi
The audiencia which was perceived as an unnecessary finan61~ burden, was abolished by royal cedula on August 9, 1589. How~ver, it was restored on November 26, 1595.
0f·
,,r
By royal decree of July 4, 1861, the governor-general ceased
to· be president of the audiencia. It practically lost its political
character and became purely a judicial institution. The audiencia
was divided into two chambers - one for civil suits and the other
criminal, each headed by a President.174
. By royal decree of Oct. 24, 1870, the audiencia consisted of a
~resident, two presidents of the two branches, eight associate justii:;.es, one prosecuting attorney and other officials.
,:c By 1893, the criminal jurisidiction of the Audiencia, which
was now designated as the Audiencia Territorial de Manila, was
funited to Manila and fifteen enumerated provinces adjacent thereto.
Besides its appellate jurisdiction, it also had original jurisdiction
'6-irer civil cases which, on account of their importance, the amount
involved, and the dignity of the parties, might be tried in a superior court, and over criminal cases arising in the place where the
court might meet.
Audiencia Territorial de
c,
Professedly "in the interest of good government and the administration of justice" the Audiencia Real was established in the
Philippines by Royal Decree of May 5, 1583, invested "with the
same authority and pre-eminence as each of the audiencias reales
in the town of Valladolid and the city of Granada. It was given
appellate jurisdiction of all the civil and criminal cases throughout
the archipelago. Its judgments were executed without appeal, except in certain cases which either from lack of jurisdiction or the
high station or great influence of the contesting parties, could be
elevated to the Consejo de las Indias as a court of final resort.173
Audiencias de lo Criminal of Cebu and Vigan
During the last years of the Spanish era, by the royal decrees
of" February 26, 1886, and May 19, 1893, two high courts having
iappellate jurisdiction over criminal cases outside the territorial
jurisdiction of the audiencia of Manila were functioning, the
kudiencia de lo Criminal de Cebu and the Audiencia de lo Crimide Vigan. Each had one president, two associate justices, a
~rosecuting attorney, as assistant prosecuting attorney, and a secwith the necessary clerks. These audiencias were in operation at the outbreak of the Philippine Revolution.
nal
retary,
p. 4.
3Francisco, op cit., p. 471.
172/d.,
17
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d.
Alcaldes-Mayores;jueces de primera instancia
-For two hundredyears from the establishment of provincial
goverm'nents in the 1600's, justice was administered in the first
instance by the alcaldes-mayores who were at the same time the
provincial executives. As a rule they were political favorites selected without regard to their knowledge of law or of the affairs
which they were to administer. By 1866, however, as a result. of a
series of royal decrees, the functions of the alcalde-mayor became
entirely judicial, his executive functions having been turned over to
the newly established office of gobernador civil (civil governor); and
lawyers alone were now qualified to be appointed alcaldes-mayores.
Eventually, they became known as jueces de primera instancia,
exercising jurisdiction within the limits of their respective partidos
(judicial districts) into which the Philippines has been divided, They
took cognizance of all civil and criminal cases arising within territories, except such cases as were under ecclesiastical or other special courts and the audiencias, and gave judgment in all civil cases
in which the amount-of property or other interest involved exceeded 200 pesos fuertes or 1,000 pesetas. The correctional supervision of judges of first instance for offenses or crimes in office was
vested in the audiencias. In ordinary offenses having no connection
with their official character they were triable before the ordinary
courts.175
e.
Gobernadorcillos;jueces de paz
The gobernadorcillos were until late in the 19th century the
local judges in their respective pueblos or municipalities. In civil
suits their jurisdiction was limited to cases where the property or
interests involved did not exceed 44 pesos, and to minor offenses
the penalty for which did not exceed ten days' confinement, or a
fine of 5 pesos. By Royal Decree of May 29, 1885, and in pursuance
of the general plan of separating the judicial and executive power
even in the lower grades, it was prescribed that in each judicial
district of the city of Manila and in every municipality there should
be a juez de paz (justice of the peace), with the jurisdiction and
powers conferred by the laws of civil and criminal procedure. The
judges were to be appointed by the governor-general, on the recommendation of the president of the Audiencia of Manila, such appointments being given only to persons who were lawyers or had
157
some academic or professional title, or to those "whose position and
circumstances" warranted it. When such persons could not be found,
the petty governors of the municipalities were to act as justices of
'tlie peace. They were given jurisdiction over civil cases when the
,pi;pperty or interests involved did not exceed 200 pesos or 1,000
· · pesetas in value. In deciding offenses of a criminal character, the
:~nalties imposed conformed to the requirements of the penal code
:W,,~he Philippines which was put in operation by the royal decree of
' )J~yember 17, 1886.176
·
f.
Special tribunals
(1) Ecclesiastical Courts
,-, ,
In addition to the courts of ordinary jurisdiction already de-i?cribed, there were special tribunals in the Philippines, which had
sheir prototypes in the mother country, and whose existence was
r!largely due to the centralized and theocratic character of the gov·ietnment administration, and to the privileges of certain ·classes.
. ' · ')Foremost among these were the ecclesiastical courts which had
-jurisdiction over all civil crimes and offenses committed by the
.clergy or other persons having a sacerdotal character, over mar.riage and divorce and violations of the canon law. But by the royal
of October 20, 1835, an exception was made in the case of
1.~trocious
o~der
crimes committed by the clergy, over which the civil courts
f.'.ere given jurisdiction. For many years, the jurisdiction of the
.1'.ecclesiastical courts was exercised exclusively by judges of first
(ill~tance, who were designated ecclesiastical judges, and regarded
;~~ court vicars of the Archbishop of Manila, and the suffragan
.'l)ishops of the other dioceses. By the royal decree of February 1,
tfS69, unifying the jurisdiction of the different courts, it was derfl:;tred that courts of ordinary jurisdiction alone were competent to
cognizance of civil and criminal cases. As a result, the civil
1t~e
'and criminal jurisdiction of ecclesiastical and other special courts
:r·
J.felas transferred to the ordinary courts. However, the decree was
uspended by the Governor-General in so far as it referred to the
1_f.qcJesiastics until a final decision could be received from the home
government, No such decision was ever rendered, but when the
-Civil Code went into effect in December, 1889, the Governor-General suspended certain titles, which practically exempted the clergy
from the jurisdiction of the ordinary courts, except in the case of
'
116Tt!
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atrocious crimes, for the commission of which they had been amenable to the civil courts since the promulgation of the royal order of
October 20, 1835.177 .
In 1898, the ecclesiastical court in Manila consisted of one
provisor and vicar-general, or ecclesiastical judge, one ecclesiastical
prosecuting attorney, one notary, and for the supreme government,
one secretary, one vice-secretary, one archivist, one accountant; the
suffragan bishops of Nueva Caceres, Cebu, and Jaro had similar
courts. A large proportion, if not all, of these officials were members of the religious orders.
159
(4) Commercial Court
The Commercial Court succeeded the Tribunal de Consulado
.(tribunal of the consulate), and was established in Manila by the
1'byal decree of July 26, 1832. It consisted of one prior, two consuls,
~oisubstitute consuls, and subordinate personnel. The Governor©eneral appointed the members of the court, which had jurisdic. ~bn over all transactions, contracts, and other agreements or mat·tiells growing out of the commerce of the islands. Later, in accord. $ce with the oft-mentioned Royal Decree of February 1869, the
eommercial Court was abolished and cognizance over all cases
relating to CommerceVested in the Ordinary COUrtS.lBO
(2) Army and Navy Courts
The army and navy courts were similar in their jurisdiction to
the ecclesiastical courts, and took cognizance not only of. purely
military offenses; but of civil and criminal cases affecting soldiers
and other persons having military privileges. Civil suits could be
appealed to the Audiencia of Manila. However, pursuant to the
same royal decree of February 1, 1869, this special jurisdiction of
the military courts was turned over to the ordinary courts.178
(3) Treasury Court
The royal decree of December 4, 1786, provided in Spain for
the appointment of an intendente corregidor with jurisdiction over
all legal cases affecting the royal treasury, including contraband,
smuggling, etc. By the royal decree of September 16, 1813, this
jurisdiction was withdrawn from the intendente corregidor and transferred to civil judges who were lawyers, and who took cognizance in
first instance, with appeal to the audiencia. This decree was· confirmed by the royal cedula of January 30, 1855, but was not carried
into effect in the Philippines until 1856, when the royal decree of
December 16 of that year established the treasury court. The court
held its sessions in Manila and was composed of a civil judge of the
final category, with jurisdiction in first instance over all treasury
cases, with appeal to the audiencia. The Treasury Court was later
abolished by virtue of the above-mentioned Royal Decree of February 1, 1869, which lodged in the ordinary courts exclusive jurisdiction over cases affecting the treasury.179
177Jd., pp. 474-475.
178Jd., p. 475.
179Jd.,
pp. 475-476.
(5) Contentious Court
By virtue of the Royal Decree of June 4, 1861, there was
established a court known as the Tribunal Contencioso, to hear and
~ecide complaints against the administration of the government,
, ~th final appeal to the council of state in Spain. It formed part of
· fthe council of administration. In 1806, it was composed of a presi·-.\i~nt·and three magistrates. It was abolished on February 7, 1869,
eestablished on March 19, 1875, but was abolished or suspended
. i)y:--the Royal Decree of November 23, 1888, creating the Tribunal
f(Jbntencioso Administrativo. This was a new organization, inde-pendent of the council of administration, and was composed of the
-president and two judges of the audiencia and two administrative
~ijdges. This continued until January 1, 1890, when the tribunal
-Was transferred to the council of administration, where it was known
: 1l!s'"Secretaria del Tribunal Contencioso y Consejo de Adminisiffacion.181
b-;;'
(6) Probate Court
~.-1
. f ,,:. In addition to the before mentioned courts there was estab: .1ll,~hed in the Philippines a general probate court for the adjudicai,p,n of probate cases. By the royal decree of June 22, 1883, this
;r§µrt was abolished, and the matters which it had jurisdiction
-rh~~e transferred to the judges of first instance.182
1,!;'
ld., p. 476.
ld., pp. 476-477.
180
181
182T,/
n
477
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Publications During the Spanish Period
Next were the Courts of First Instance, and at the bottom the
municipal and justice of the peace courts. A special court, the Court
of Land Registration, was also created, but it ceased to exist on the
21st of July 1914, and its functions were transferred to the Courts
of First Instance.
160
g.
.
There are books containing the decisions of the Supreme Court
of Spain, at least, with respect to civil and criminal laws, upon
which the present Philippine civil and penal codes are based. The
reports of civil cases are contained in Jurisprudencia Civil in
224 vols., dealing with opinions rendered for almost a century, from
November 3, 1838 to April 3, 1936. After its interruption by the
Spanish Civil War, the publication was resumed to this date. Criminal cases are found in Jurisprudencia Criminal in 136 vols.,
covering decisions from September 30, 1870 to the outbreak of the
war in 1936. It must be noted that these two law reports have been
cited in several instances by the appellate tribunals of the Philippines.
3.
Although with the annexation of the Philippines to the United
States, most of the essential principles of the United States Constitution operated in the Philippines, they did not include the right of
trial by jury. And in the organic acts for the Philippines such right
was carefully reserved, "doubtless due to the fact," said the U.S.
Supreme Court, "that the civilized portion of the Islands had a
system of jurisprudence founded upon the civil law, and the uncivilized parts of the Archipelago were wholly unfitted to exercise the
right of trial by jury." (Dorr v. United States, 11 Phil. 706)
The American Period
With the establishment of the American military government
following the surrender of Manila to the American army, provost
courts and military-commissions were created. At the same time
civil courts were recognized for certain civil purposes. Subsequently,
by Act No. 136 of the Philippine Commission, the existing courts
were abolished and in their place were substituted the courts provided in said act. Thereafter, Congress of the United States, through
the Philippine Bill and, later, the Jones Law, approved and confirmed the organization of the courts thus established. As ultimately evolved, the judiciary system instituted was substantially
modelled upon English and American prototypes. However, no division was made of the tribunals into courts of law and courts of
equity as they were known and distinguished in England and most
jurisdictions of the United States. The same tribunal dispensed
both legal and equitable relief.183
4.
The Judicial System at present
The distinctions obtaining in other countries· between courts
of law and courts of equity; and civil, criminal and probate courts
do not apply in the Philippines where all courts are courts of both
of law and equity and have jurisdiction over all civil, criminal and
probate cases.
a.
Trial Courts of Limited Jurisdiction
At the front lines of the judicial system are the Metropolitan,
Municipal, and Municipal Circuit Trial Courts with jurisdiction
limited to civil suits involving relatively smaller amounts of money
and to minor violations of the criminal laws.
The "inferior courts" label given to them is unfortunate for
these first-tier trial courts, because these are the tribunals in which
most of the controversies that occur in a community are heard and,
at least provisionally, decided.
At the top of the system, in place of the Audiencia Territorial
de Manila, was a Supreme Court composed of a Chief Justice and
eight associate Justices. The names of Cayetano Arellano, chief
magistrate, Manuel Araullo, Gregorio Araneta, Raymundo Melliza,
Ambrosio Rianzares Bautista and Julio Llorente are preserved in
fame as the first Filipinos to sit in the Supreme Court of the Philippines under American sovereignty, administering justice together
with learned American judges.
161
t
i
1
These courts of very limited jurisdiction may be at the bottom
of the judicial totem pole, but they are the courts closest to the
people. It is vital that in this level justice be administered fairly
and with dignity. Otherwise, the common people will lose confidence on the judiciary.
b.
Trial Courts of General Jurisdiction
If a civil claim or criminal prosecution involves an amount of
183/d.' p. 521.
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the Metropolitan, Municipal and Municipal Circuit Trial Courts, it
must be filed and heard in what lawyers call a "trial court of
general jurisdiction," i.e., a court empowered to try all kinds of
case, 'without monetary or subject matter limitation. These are
known as Regional Trial Courts (formerly Courts of First Instance)
for the 13 judicial regions in the country.
Special appellate courts are: 1) the Sandiganbayan, which have
appellate jurisdiction over certain criminal cases decided by the
Regional Courts, and also original jurisdiction over certain types of
criminal cases; and 2) the Court of Tax Appeals which act only on
protests of private persons adversely affected by the tax and cus- ·
toms laws.
162
We also have the Shari'a courts under the Muslim Code with
jurisdiction over Muslim Filipinos in Mindanao.
d.
The Supreme Court is the "court of last resort" at the top of
the judicial hierarchy which determines with finality what the law
is and should be. The 1987 Constitution provides:
On February 4, 1977, President Marcos promulgated Presidential Decree No. 1083, which is the Code of Muslim Personal
Laws of the Philippines. The Code recognizes the legal system of
the Muslims in the Philippines as part of the law of the land and
seeks to make Islamic institutions more effective; codifies Muslim
personal laws; and provides for an effective administration and
enforcement of Muslim personal laws among Muslims.
The Muslim Code, however, is not exclusive; it codified only
those laws which are believed to be the most important or significant. Since the Muslim legal system or Shari'a is recognized, we
may have to apply unwritten Muslim law. By authority of the same
Code, Shari'a Courts have been set up. The Supreme Court has
also promulgated pursuant to P.D. 1083, Special Rules of Procedure in Shari'a Courts.P'
c.
The Intermediate Appellate Court
Before a party can go to the "court of last resort," he has to go
first to the intermediate appellate court. The Court of Appeals is
the body that generally has exclusive appellate jurisdiction over
the decisions of the Regional Trial Courts and other quasi-judicial
agencies.
It sits in the City of Manila and consists of a Presiding Justice
and fifty Associate Justices which exercises its power and duties
through 17 divisions each composed of three members.
The unanimous vote of the three members of the divisions
shall be necessary for a decision otherwise two additional justices
will sit temporarily with them forming a special division of five and
the majority shall be necessary of a decision.
The Court of Last Resort
"Section 1. The judicial power shall be vested in one
Supreme Court and in such lower courts as may be established by law."
J.
l
I."
It sits in Manila consisting of one Chief Justice and 14 Associate Justices and which decide cases in three divisions of five members except in certain cases where they sit en bane.
It has the power to review on appeal or certiorari final judgments and order of lower courts in certain cases such as when
errors or questions of law are invoked and where the Constitution
or validity of statutes are involved. It has original jurisdiction over
petitions for certiorari, prohibition, mandamus, quo warranto, and
habeas corpus.
C. The Doctrine of Precedent
Although case law can be found "in same form and to some
extent" in every legal system, case law is uniquely authoritative
and influential in a "common law country" which the United States
is by inheritance from England.
The Anglo-American legal system, unlike the "civil law" system which prevails with variations in other countries, explicitly
recognizes the doctrine of precedent, known also the principle of
stare decisis.
"Stare decisis, et no quieta movere" is the Latin maxim
meaning, to follow precedent.
&1Gupit, op cit., pp. 91-92.
1
·
By the common law doctrine of precedent or principle of stare
decisis, decided cases are usually considered to be the primary
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165
LEGAL RESEARCH
~ource of la"'. and_~ence, past judicial decisions are generally bindmg for the disposition of factually similar present controversies.
. -H~vin~ ~e~n under American rule, the Philippines although
pnmanly a . c~VIl law country has adopted the doctrine of precedent
or stare decisis,
In fact, Art. 8 of the New Civil Code specifically provides:
When the Supreme Court "overrules" one of its past decisions,
the conclusiveness of that earlier decision as a settlement of its
particular controversy is not affected, but the overruled decision_is
no longer an authoritative precedent for other cases that may anse
in the future.
F.
'
"Art. 8. Judicial decisions applying or interpreting the
laws or the Constitution shall form a part of the legal system
of the Philippines (n)."
Hence, judicial decisions or judicial precedents form part of
our legal system.
Decisions of the Supreme Court are treated as such. However
final decisions of the Court of Appeals which under the common
law ~octrine should be binding before lower courts, have not in
pra~t~ce been co~sid~red so not because of lack of regard to these
decisions but pnmanly because these decisions are largely not reported or published.
.
D. "Stare Decisis" and "Res Judicata"
Every fi_nal_ decision of the Supreme Court has two effects: 1)
~s an authoritative settlement of the particular controversy before
it; and 2) as a precedent for future cases.
"Ratio decidendi" and "Obiter Dictum"
"Ratio decidendi" is the holding of the principle of law on
which a case was decided. It is the "ratio decidendi" that sets the
precedent and is binding on courts in the future. The ratio decidendi must be considered in conjunction with their facts of the
case.
In contrast "obiter dictum" is language in a decision that is
not necessary to the decision. Dictum comes from the Latin verb
decire "to say," and refers to what is "said by the way." Although
dictum is not binding on future cases, it might be persuasive.
G. "Binding'' and "Persuasive" Authority
Case law authority is frequently divided into two cases: "persuasive" and "binding."
Authority can be termed ''binding" (also called mandatory)
when it comes from the decisions of Supreme Court and it is the
ratio decidendi of the case.
Stare decisis, literally "the stand on what has been decided is
the principle th~t the decisions of a court is a binding authorityon
the court that issued the decisions and on lower courts for the
disposition of factually similar controversies."
Although a court is not "bound" to follow dicta from prior
decision, it may do so if it is carefully reasoned. This is more so if
the dicta comes from a respected justice such as the late Justice
J.B.L. Reyes. (In the U.S., the dicta coming from Oliver Wendell
Holmes and Benjamin Walters Condozo are very well respected.) It
may therefore be "persuasive" to the Court. Aside from dicta, persuasive authority can come from decisions of appellate courts in
other jurisdictions.
E.
B.
A Latin tag has been attached to each of these effects res
judicata to it~ ~ffect as ~o settlement of the immediate contro~ersy
and stare decisis to the impact of the decision as precedent.
"Reversal" and "Overruling"
"Reversal" has reference to the action of the Supreme Court
on a lower courts judgments in the same particular controversy.
When the Supreme Court reviews the judgment of the lower court
in a case and concludes the lower court reached an erroneous result in the case, it will "reverse," i.e., set aside, the lower court's
judgment.
Form of Decisions
Case Law is found primarily in the decisions of the Supreme
Court (as Court of Appeals decision have been largely not available).
The typical case is entitled by the names of the parties, example, Santos v. Cruz. After the title will come, the syllabus summa-
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(1) Official Repositories
of Decisions of the Supreme
Court - What distinguishes a law report as official is the fact that
it is printed under the supervision of an authorized government
agency. The decisions of the Supreme Court appear in three official
publications, namely: Advance Sheets; Official Gazette; and the
Philippine Reports.
rizing the important. points of ~he decision and then the portion of
the report that carnes authonty - the opinion of the court followed by ~he final disposition (decision) of the case.
Although it is the "opinion" of the court, it is commonly written on. b~half of the court by a single justice whose name precedes
the oprmon.
(a) Advance Sheet - As soon as decisions of the Supreme Court become final, they are published in advance sheets
in mimeographed form. Thus they are made available to the
bench and the bar at the earliest date possible, much earlier
that their publication in the Official Gazette.
. The. d.ecision itself is by majority vote and is stated at the end
of th.e oprmon. !t. may also be unanimous. It may affirm, reverse, or
modify the decision of the lower court decision. The member of the
cou~. who concur is then listed. A justice who agrees with the
de~1~10n but not, with the opinion may write a separate concurring
opimon,
(b) Official Gazette -The Official Gazette is an official publication of the government printed by the Bureau of
Printing. The decisions of the Supreme Court are published
under the section, "Decisions of the Supreme Court."
. A just~c~ who ~isagrees with the decision may dissent, with or
without wntmg a d1~senting opinion.
While before all SC decisions were published in the 0.G.,
at present because of the volume of decisions promulgated by
the SC, not all decisions of the SC are found ill the O.G. The
Official Gazette is cited as follows: Espiritu v. Rivera, G.R.
No. 17092, September 30, 1963, 62 O.G. 7226 (Oct., 1966). If
the decision is found in a supplement, the citation is: 46 O.G.
Supp. No. 11, 22 (Nov., 1950).
Opinions need not be signed, however, and it is not uncommon fo~ a court to write an unsigned and usually shorter opinion
per curuim. (by the court) when for example, the point in issue is
thought to be well-settled.
I.
Case Law Materials
1.
Decisions Proper
a.
Decisions of the Supreme
•
Court
The preparation for the publication of the decisions of the
Supreme Court and the Court of Appeals of the Philippines is entrusted to the respective court reporter of each court.
. . When a decision is rendered by the Supreme Court, a written
?p1mon or memorandum exemplifying the ground and scope of the
Judgment of the court shall be filed with the Clerk of Court and
shall be recorded by him in an opinion book. When the court h 11
d
d . .
s a
ee.m a ecision to be of sufficient importance to necessitate publication, the Clerk shall furnish a certified copy of the decision to the
Reporter. ~~e Reporte~ then prepares and publishes with each reported dec1~10n a concise synopsis of the facts necessary to a clear
ui:derstanding ?f the case, stating the names of counsel, together
wit~ the matenal points raised and determined, citing each case,
which shall be confined, as near as possible to points of law decided
by the courts on the facts of the case without necessity of reciting
the facts.
167
14
•j
1
j
'j
(c) Philippine Reports - Decisions of the Supreme
Court from August 8, 1901 are published in the Philippine
Reports, printed by the Bureau of Printing, now the Government Printing Office. The first case reported was In re: Aguas
which was an appeal of the judgment of the CFI finding Atty.
Mercelino Aguas guilty of contempt with suspension from practice for 20 days.
The decisions are arranged according to the dates of their
promulgation. As soon as there are about seven hundred fifty
pages of decisions published in the Official Gazette, the Reporter gathers them and publishes them in the Philippine
Reports. At the outbreak of the Pacific War, the Bureau of
Printing printed 7 4 volumes of the Philippine Reports, with
the latest decision dated October 31, 1937.
Decisions of the Supreme Court during the Japanese Occupation were not preserved completely. However, some decisions are found in volumes 73 and 7 4 of the Philippine Reports.
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CASE LAW
An example of a citation of a case in the Philippine Reports is: Aquino v. Delizo, 109 Phil. 21 (1960).
(b) ·Philippine
Reports Annotated - This is a private publication in 33 volumes corresponding the volumes 1 to
33 of the Philippine Reports. The cases reported are annotated by the publisher with legal principles from cases subsequently decided by the court, bearing on the points of law
enunciated in the case reported. Thus, with the use of this
annotated edition, the researcher is informed whether the decisions has been cited in a subsequent decision and whether
such subsequent decision has adopted or overruled the legal
principle in the earlier decision. The publication ended with
Volume 33. It is cited as P.R.A.
(d) Philippine Reports (Reprints) - The destruction
of libraries and reserve copies of Philippine Reports in the
Bureau of Printing during the war necessitated the reprinting
of these reports and the undertaking was entrusted by the
Supreme Court to the Lawyers' Cooperative Publishing Co.,
which by photo-offset process, reprinted the first 74 volumes
of the Philippine Reports. However, the index-digest found in
the original volumes are omitted in the reprinted set.
(c) Philippine ReportsAnnotated
(Central) -This
is different from the previous one. This PRA is published by
Central Book Supply Inc. It hopes to republish and annotate
Supreme Court Decisions from 1901 to January 31, 1961 totalling 110 volumes. So far, it has published volumes 1, 2, 3, 4,
5, 6, 76, 77, 88, 89, 90, 91, 95, 96, 97, 98, 99, 100, 101, 102,
103, 104, 105, 106, 107, 108, 109 and 110. Other volumes will
be released soon. It is cited as "Phil."
(e) Jurisprudence
Filipina - This is the Spanish
edition of the Philippine Reports, also printed by the Bureau
of Printing. It is arranged in the same order as that of the
Philippine Reports, each volume containing the same cases
published in the corresponding volume of the Philippine
Reports. Its publication was discontinued during the war to
the present. Like the English edition, it contains the same
parts.
(d) Supreme Court Reports Annotated (SCRA) The SCRA is the leading private publication at present of
Supreme Court decisions. It is published by Central Lawbook
Publishing Co., and the Central Book Supply Inc., containing
all the decisions of the Supreme Court starting with the year
1961. The first case reported in SCRA was Asari Yoko Co v.
Kee Boe dated January 20, 1961 where the application for
registration of trademark by Kee Boe was dismissed.
(2)
It has now 333 volumes, the latest containing SC decisions from June 1 to June 19, 2000.
After the war, it resumed the printing of Volume 75 up to
Volume 110 which covered decisions promulgated from Nov.
·23,.1960 to January 31, 1961.
The Bureau of Printing continued printing of the Philippine Reports up to Volume 126, covering the period from April
to June 1967. The Supreme Court took over starting with Vol.
127 (July to August 1967) up to Vol. 132, then Volumes 145 to
147 (July to September 1972).
Unofficial Reporting
of Supreme
Court Decisions
t
Each volume contains a table of cases reportedly arranged
(a) Philippine Decisions - Unofficial law reporting
in
alphabetical
order with the page number of each case given;
in the Philippines is exemplified by the publication known as
~·
the
arrangement
in alphabetical order is also given in the
Philippine Decisions (Community Publishers, Inc., Manila),
;
reverse
form.
which selected the leading cases reported in Vols. 1 to 54 of
the Philippine Reports and collected them in 10 volumes. It
The cases published in each volume are arranged accordactually served as an economical unit of the Reports. Four
ing to the date when the decision was promulgated. The main
more volumes were published after the war, but the publisher
body of each case includes the name of the litigants, the case
of the Decisions had altered the scheme and arrangement of
number and the date of promulgation.
the original set, by reporting all the decisions of the Supreme
Other important features of this set are:
Court for 1948 and 1949. Philippine Decisions is cited as 10
(1) Annotation on important legal questions, giving the
P.D. 123, its later volumes as P.D. 1949b, p. 456.
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LEGAL RESEARCH
At the end of each volume is a subject index.
state of the law on important questions, their historical development and application;
Volume 12 contains, in addition to the Subject Index, a
TopicIndex for all the twelve volumes. It also contains a Case
Index of the case printed in the first twelve volumes.
(2) Authoritative and comprehensive syllabi for each
reported case;
(3) A subject-index at the end of the text which is alphabeti~ally arranged accordingto their subject or topic. This
leads directly the researchers to the solution of their legal
problems or to the rulings they are looking for.
. i
·;··
·1.
. Starting January 1984, it merely published the syllabi
while xerox copies of the decisions would be available at cost
upon request.
( 4) The SCRAset comeswith 4 volumes of bound Quick
Index Digest.
VolumeOne (Abandonmentto Husband & Wife)and Volume Two covered Volumes 1 to 36 of SCRA from January,
1916 to December, 1970; Volume Three (Abandonment to
Estoppel) and VolumeFour (Evidenceto Workmen's Compensation) covered volumes 37 to 101, SCRAfrom January 1971
to December1980. These four volumes are followedby a yearly
advance Index from 1981 up to the present year 2000.
The CLPC has also published the Index of SCRAAnnotations, ~ h~lpful guide in instructive annotations and opinions on significant Supreme Court decisions from Volumes 1
to 239 (1961-1994)of SCRA.
This is cited as: Vda. de Consuegra v. GSIS, 37 SCRA
315 (1971).
(e) Supreme Court Decisions (SCD)-This set is a
publication of the decisions of the Philippines, starting January 1, 1982. The decision of the Supreme Court each month
are compiledin one volume, under the editorship of Atty. Jose
N. Nolledoand published by the National Book Store.
The decisions of the Supreme Court are published according to the dates of their promulgation. The Table of Contents lists all the cases promulgated each month, arranged
according to the dates of promulgation stating the "G.R.
Number," date of promulgation, title of the case and the
ponente, and the correspondingpage in the volume where each
case may be found.
Each decision is published in full and is preceded by an
expertly prepared syllabus.
Beginning with Volume 13, each volume contains: a Subject Index, a TopicIndex, and a Case Index. The Case Index is
particularly valuable, since the Table of Contents does not
arrange the cases reported in the alphabetical order of title.
(f)
Philippine
Law
and
Jurisprudence
(PHILAJUR) - This publication started in November 1977
reporting both law and jurisprudence. It is published by Current Events Digest, Inc.
.,
Each volume of PHILAJUR consists .of five parts: Legislation; Supreme Court decisions; Digest of Court of Appeals
Decisions;Legal Articles; and Indexes.
(g) Supreme Court Unpublished Decisions (SCUD)
- This publications contains the unpublished decisions of the
Philippine Supreme Court. This is compiled by Judge David
G. Nitafan and the Editorial Staff of the Central Lawbook
Publishing Co., Inc. Volume 1 contains the unpublished decisions of the Supreme Court from March 1946 to February
1952while Volume2 has the March 2, 1952to March 30, 1954
unpublished decisions.
(h) Supreme Court Advance Decisions (SCAD)This is prepared by the Legal Editorial Staff of Rex Book
Store, Inc. It publishes all decided cases promulgated by the
Supreme Court. It started with Vol. 41 containing decisions
and resolutions of the Supreme Court in May 1993 and its
latest volume is Volume 144 containing SC decisions from
February 21-March 1, 2001.
The SCAD is published monthly, immediately after the
decisionsare promulgated, the practitioners and the students
have ready access to the latest available decisions rendered
by the Supreme Court.
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LEGAL
(i)
CASE LAW
RESEARCH
Supreme Court Excerpts (SCEX) -
This book
authored by Atty. Aristotle T. Dominguez is published by Rex
Book Store. The book attempts to combine the strengths of
the various publications contains 410 Supreme Court excerpts
extracted from 304 Supreme Court decisions and resolutions
promulgated from Sept. 3, 1996 to January 31, 1997.
(j) Summary of Supreme Court Rulings - This is
authored by Atty. Daniel T. Martinez and published by Central Book Supply, Inc. This work aims to provide the law
students especially those who are preparing to take the bar
examinations supplementary reading materials on the latest
rulings of the Supreme Court.
The Supreme Court rulings are collated into eight chapters corresponding to the eight bar examinations subjects in
the order they are given by the Supreme Court.
It now has 45 books containing summaries of SC decisions from 1986 to 1998.
(k) Citations: Excerpts of Supreme Court Decisions -This publication authored by L.C. Castigador has six
volumes: Vol. 1, July-December 1990: Abuse of Discretion to
Words and Phrases; Vol. 2, January-April 1991: Abuse of Discretion to Workmen's Compensation; Vol. 3, May-August 1991:
Abuse of Discretion to Workmen's Compensation; Vol 4, September-December 1991: Actions to Workmen's Compensation;
Vol. 5, January-April 1992: Eight Bar Subjects; Vol. 6, MayAugust 1992: Eight Bar Subjects.
(I) Title Index to Supreme Court Decisions 19451978- The UP Law Center has come out with this publica-
tion which gives an index to cases decided by the SC from
1945-1978.
(m) Supreme Court Decisions Title Index, 19821985- This is compiled by the Library Staff of the UP Legal
Resources Center to meet the needs of the students, faculty
members and researcher of the UP College of Law.
(n) The Sandiganbayan Reporter - This book
authored by this writer is published by Central Lawbook Supply and contains all cases decided by the Supreme Court involving the Sandiganbayan - Vol. 1 from Feb. 28, 1980 to
April 7, 1988, 1994 Edition; Vol. 2 from April 15, 1988 to
December 5, 1991, 1995 Edition.
173
(o) The PCGG Reporter - This book is likewise
authored by this writer which contains SC decisions ii:ivolving
the Philippine Commission on Good Government startmg from
the first case of Cruz, Jr. v. PCGG, May 27, 1986 up to
Romualdez v. Sandiganbayan, May 16, 1995.
b.
Decisions of the Court of Appeals
The Court of Appeals serves as our intermediate appe~late
court. As to whether the decisions of this Tribunal shall constitute
precedents, the Supreme Court of the Philippines, in the c~s~ of
Miranda, et al. v. Imperial (77 Phil. 1066) held: "Only th~ dec~s10ns
of this Honorable Court establish jurisprudence or doctnnes ~n the
jurisdiction. However, this does not prevent that a conclusion or
pronouncement of the Court of Appeals which cov~rs _a _point~flaw
still undecided in our jurisprudence may serve as Juridical guide to
the inferior courts, and that such conclusion or pronouncem~nt be
raised as a doctrine if, after it has been subjected to test m the
crucible of analysis and revision, this Supreme Court should find
that it has merits and qualities sufficient for its consecration as a
rule of jurisprudence."
(1) Appellate Court Reports - The decisions of the
Court of Appeals _were originally published in the Appellate
Court's Reports by the Court Reporter. Although preparations were completed for the publication of the Reports, only
two volumes were released. The first was Vol. I, embracing
the decisions of the appellate court from February 29, 1936 to
December 29, 1936. The other was Vol. VIII, covering the
period from January 8, 1947 to June 30, 1947.
The Appellate Court Reports which was patterned after the Philippine Reports has the following important parts:
(1) the title page, stating the number of the volume, the period covered by the cases reported, and the names of the ~~porters; (2) the Justices of the Court of Appeals w~o participated in the cases reported and those sitting at the time of the
publication of the Reports, the Solicitor General as well as
other officials of the Court of holding office when the reported
cases were decided and when they were published; (3) rules
and resolutions of the Court; (4) alphabetical list of cases reported; (5) alphabetical list of cases cited in the decisions reported; (6) a list of statutes cited in the decisions reported; (7)
alpabetical list of authorities cited in the volume; (8) alpha-
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LEGAL RESEARCH
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betical lis.t of unpublished decisions; (9) the reports of cases,
chronologically arranged; (10) an index/digest of unpublished
decisions, arranged by date; and (11) an alphabetical subject. index to cases reported.
The Appellate Court Reports is cited by volume and
page, for example: Chunaco v. Singh, 8 C.A. Rep. 488 (194 7).
(2) Advance Sheets - Decisions of the Court of Appeals had been published in advance sheet starting January,
1960, but this practice was discontinued in 1963.
(3) Official Gazette - When the Court deems a decision or resolution to be of sufficient importance to require
publication, the Clerk of Court furnishes a certified copy of the
decision of the reporter who prepares a syllabus for each case to
be published with the cooperation of the author of the decision
and is responsible for its publication in the Official Gazette.
Each case is published in the language it is originally written.
Example ofa citation is: Manila Electric Co. v. Allarde, C.A.-SP
No. 11850, May 15, 1987, 86. O.G. 3447 (May, 1990).
(4) Court of Appeals Reports - This set of reports
containing decisions of the Court of Appeals has 25 volumes
from 1961 to 1980. Its first volume contains decisions rendered in 1961 and the first case reported was Sagro Co. Inc. v.
Cuenca, January 30, 1961. The last volume was Volume 25
and the last case reported was People v. Estonirui, Dec. 29,
1980. Except for the title, this set has the same features as
those of the Appellate Court Reports. Example of a citation is:
Flores v. Valpena, 2 C.A. Rep. 2d 64 (1962).
(5) Court of Appeals Reports Annotated - This
publication contains selected decisions of the Court of Appeals.
It is compiled, annotated and edited by the editorial staff of
the Central Lawbook Publishing Co., Inc. Volume 1 contains
the selected decisions in 1986, while Volume 2 has the January to June 1987 decisions. Its latest volume is Vol. 9 containing July-December, 1990 decisions. This is cited as: Valderrama
v. Bermejo, 1CARA585 (1986).
c.
Sandiganbayan Reports in 1980, which contained its decisions from
December 1979 to February 1980. However, this was not succeeded
by other volumes. This writer has compiled and published the
Sandiganbayan Reporter which contains all cases decided by the
Supreme Court involving the Sandiganbayan.
d.
Decisions of the Court of Tax Appeals
Under Rep. Act No. 1125, the Court of Tax Appeals was established, with exclusive appellate jurisdiction over tax and customs
cases. This jurisdiction is however intermediate, since the decisions
of the Court are subject to review by the Supreme Court. The Tax
Court is directed by law to provide for the publication of its decisions in the Offical Gazette in such form and manner as may best
be adopted for public information and use.
The official repository of the decisions of the Court of Tax
Appeals was the Official Gazette. Later issues have discontinued
publishing them. Law and journals carry some of its important
opinions.
· +Court of Tax Appeals Digest of Customs and Real Property
Tax Cases (1973) and Court of Tax Appeals Digest of Internal Revenue Code (1971) by Colon are publications on cases of the CTA.
e.
Decisions of the Regional Trial Courts
Their decisions have not been published in official reports or in
books of secondary authority. Its judgments on matters of evidence is
usually respected, although there have been rare moments when its
opinion on points of law have been cited for persuasive influence.
f.
Decisions of the Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit
Trial Courts
Their decisions have likewise not been published in any official report or publication. The respective courts themselves are the
only places where their decisions are found.
2.
Subordinate
Decisions
a.
The Senate Electoral Tribunal
Representatives
Electoral Tribunal
Decisions of the Sandiganbayan
The Sandiganbayan a collegiate trial court established by the
Constitution to try crimes by public officers, published the
175
and the House of
Under the 1987 Constitution provides: "Sec. 17. The Senate
and the House of Representatives shall each have an Electoral
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Tribunal which shall be the sole judge of all contests relating to
the election, returns, and qualifications of their respective
Members. Each Electoral Tribunal shall be composed of nine
Members, three of whom shall be Justices of the Supreme Court
to be designated by the Chief Justice, and the remaining six
shall be Members of the Senate or the House of Representatives,
as the case: may be, who shall be chosen on the basis of
proportional representation from the political parties and the
parties or organizations registered under the party-list system
represented therein. The senior Justice in the Electoral Tribunal
shall be its Chairman.
The House of Representative have published the HRET Reports: Final Orders, Resolutions and Decisions Rendered in
seven volumes;
b.
Powers
Administrative
Agencies Exercising
Agencies with implied quasi-judicial
(1)
(2) Agencies with express quasi-judicial
Department of Finance
1)
a.
Bureau of Internal Revenue
b.
Bureau of Customs
c.
Insurance Commission
d.
Central Board of Assessment Appeals
e.
Fiscal Incentives Review Board
f.
g.
Phil. Export and Foreign Loan Guarantees Corp.
Phil. Crop Insurance Corp.
Department of Justice
2)
a.
Land Registration Authority
b.
Commission on Immigration and Deportation (now
Bureau of Immigration)
powers
.3)
powers
These are agencies which are actually given judicial functions
over cases which would otherwise go to the regular courts of justice
were it not for the grant of such powers to these agencies. They are
sometimes characterized with specific appeal procedures under the
law. These are the Insurance Commission, the National Labor Relations Commission, Commission on Elections, Government Service Insurance System, Social Security System, National Seamen
Board, Commission on Audit, Employees' Compensation Commission, Civil Aeronautics Board, and other similar agencies.185
Jd.' p. 131.
The B.P. Law Center prepared a list of administrative bodies
and agencies exercising quasi-judicial functions as follows:
Quasi-Judicial
These are agencies mostly with investigative functions. In fact,
all agencies may be said to enjoy implied quasi-judicial powers.
~ust to name a few examples, these are the Department of Foreign
Affairs, the Commission on Immigration and Deportation, the Office of the President, Secretary of Justice, National Wages Council,
Philippine Patents Office, Bureau of Land Transportation, Civil
Service Commission, Professional Regulatory Commission and the
Tanodbayan.
177
4)
5)
Department of Agriculture
a.
Sugar Regulatory Authority
b.
National Irrigation Administration
c.
National Meat Inspection Commission
d.
National Food Authority
e.
Quedans Guarantee Fund Board
f.
Phil. Coconut Authority
g.
Bureau of Plant Industry
Department of Public Works and Highways
a.
Bureau of Research and Standards
b.
Metropolitan Waterworks and Sewerage System
c.
Local Water Utilities Administration
Department of Labor and Employment
a.
National Labor Relations Commission
b.
c.
Phil. Overseas and Employment Administration
d.
National Maritime Polytechnic
National Manpower and Youth Council
185
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6)
7)
8)
9)
179
e.
Employees' Compensation Commission
d.
Toll Regulatory Board
f.
National Wages Council
e.
Civil Aeronautics Board
g.
Bureau of Labor Relations
f.
National Telecommunications Bureau
. h.
Bureau of Working Conditions
g.
i.
National Conciliation and Mediation Board
Bureau of Air Transportation (Air Transportation
Office)
a.
Bureau of Food and Drugs
b.
Phil. Medical Care Commission
c.
Dangerous Drugs Board
d.
Bureau of Research and Laboratories
e.
Bureau of Licensing and Regulation
Others
10)
Department of Health
Department of Trade and Industry
a.
Bureau of Trade Regulation and Consumer Prdtection
b.
Videogram Regulatory Board
c.
Board of Investments
d.
Bureau of Patents, Trademark and Technology
e.
Export Processing Zone Authority
f.
Garments and Textile Export Board
g.
Bureau of Product Standards
a.
Professional Regulatory Commission
b.
Securities and Exchange Commission
c.
Social Security Commission
d.
Central Bank
e.
Housing and Land Use Regulatory Board
f.
National Bureau of Investigation
g.
National Land Titles and Deeds Authority
h.
Register of Deeds186
c.
Publications of Administrative Agencies Exercising Quasi-Judicial Functions
Some administrative agencies exercising quasi-judicial functions have published their decisions, while others have not, to wit:
(1) Commission on Elections
The COMELEC has not published its decisions.
Department of Enviroment and Natural Resources
a.
Land Management Bureau
b.
Environment Management Bureau
c.
Forest Management Bureau
d.
Mines and Geo-Sciences Bureau
e.
National Electrification Administration
f.
National Quarantine Office
(2) Civil Service Commission
The decisions of the Civil Service Board of Appeals have been
published by author Rivera.
An annual compilation of selected Resolutions promulgated
by the CSC in its exercise of its quasi-judicial function has also
been published. Many of the cases serve as precedents and basis of
decisions and opinions on related civil service legal issues. The
Case Digest serves as a handy, ready reference for government
employees, legal practitioners, law students and the public in general.
Department of Transportation and Communications
a.
Land Transportation Franchising and Regulatory
Board
b.
Maritime Industry Authority
c.
Philippine Ports Authority
ld., pp. 133-135.
186
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(3) Commission on Audit
The COARegulations and Jurisprudence, 1998by J.V. Go has
been published by Central Book Supply. Also, the COA Decisions
Digest (1994 to 2000) by Reynaldo Montalbo has been published.
(4) National Labor Relations Commission
The Lex Libris, produced by CD Asia, provides the following
databases:
1. Laws (Philippine Edition),Vol. I;
2. Taxation (Phil. Edition), Vol. 11;
3. Jurisprudence (The Philippine Supreme Court Reports),
Vol. III;
The NLRC has not published its decisions.
4. Department of Justice (Opinions of the Secretary), Vol.
IV;
(5) Insurance Commission
The office of the Insurance Commissionerhas not published
its decision.
5. LocalAutonomyand Local Government, Vol. V;
6. Environment and Natural Resources,Vol. VI;
(6) Housing and Land Use Regulatory Board
The Human Settlements Regulatory Commission Legal Digest, 1981, 3 volumes have been published.
(7) Department of Agrarian Reform Adjudication
Board
A book entitled Jurisprudence nn Agrarian Relations by Ibay
was published in 1973.
(8) Securities and Exchange Commission
The SEC Decisions, 1977-1981was published by Legal Database Systems.
The decision making powers of the SEC were transferred to
the regular courts by virtue of the Securities Regulation Code, RA
8799.
7. Labor and Social Legislation, Vol. VII;
8. Elections, Vol. VIII;
9. Trade Commerceand Industry, Vol. IX;
10. Bangko Sentral ng Pilipinas, Vol. X;
U;
Securities and Exchange Commission,Vol. XI;
The Philjur also has databases on the decisionsof the Philippine Supreme Court. It contains a digitized compilationof the decisions and resolutions of the Supreme Court. The 1st volume contains decisionfrom 1901to1960. The second volume contains decisions from 1961 to 1994. It is produced by Gigabytes Research
Systems, Inc.
(9) Bureau of Internal Revenue
The Complete Numbered BIR Rulings by the Career Development Center and the Digest of BIR Rulings by E.O. Ordono, 1986
to 1998 have been published.
(10) Intellectual Property Office
The IPO has not published its decisions.
d.
181
Computerized Legal Research Services
Some of the decisions above-mentionedcan be sourced from
computerized legal research services.
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·CHAPTER
ences of such American counterparts as those of the Lawyer Reports Annotated, the American Law Reports, and the United States
Court Reports (L. ed.), with modifications to suit Philippine law.
6
2.
Republic of the Philippines Digest. This publication
also by the Lawyers Coop., dubbed "Republic Digest" for short,
starts from where the Philippine Digest leaves off, cover all decisions of the Supreme Court from July 4, 1946 through September,
1958, published and unpublished. The set comprises Volumes 1 to 7
of digest paragraphs, classified under pertinent topics, and Volume
8 devoted to an alphabetically arranged table of cases.
LAW BOOKS OF SECONDARY AUTHORITY
As earlier stated, works which are not primary authority but
which digest, discuss or analyze legal provisions, judicial decisions
or define and explain legal doctrines and terms are considered
secondary materials.
Vols. 9 to 17 cover decisions from 1958 to 1966. The last Supplement which came out in 1974 included cases from January 1967
to December 1971.
These secondary sources can help analyze a problem and provide research references to both primary sources and other secondary materials.
References to American Jurisprudence
and American Law
Reports are made at points where a considerable body of American law dealing with the same subject exists, and to Philippine
Annotated Laws, the various Philippine codes and the Rules of
Court, at points where the subject matter of the digest paragraph
is largely controlled by statute or rule of court.
They include:
A.
1)
Case Digests
2)
Treatises and Textbooks
3)
Bar Reviewers
4)
Legal Periodicals
5)
Legal Encyclopedia
6)
Law Dictionaries
'.,
Case digests
3
Digests of cases are compilations of paragraphs containing
concise summaries of points in cases, grouped under appropriate
headings the chief of which are alphabetically arranged. Each paragraph in case digests is complete in itself when it has concisely and
accurately stated the point decided with reference to precise facts.
1.
Philippine Digest. This publication of Lawyers Coop.
was designed as a companion set to the Philippine Reports. It
has 13 volumes covering the decisions of the Supreme Court published in Volumes 1 to 75 of the Philippine Reports. It has a general scheme of digesting cases and a system of numerous refer182
183
A
3.
Velayo's Digest. This publication covers not only the
decisions of the Supreme Court but also those of the Court of Appeals. The main set of 25 vols. covers the leading cases of the
Supreme Court and the Court of Appeals from 1942 to 1960. The
Digest is kept up to date by annual supplements; for 1961 in 3
vols.; for 1962 in 4 vols.; for 1963 in 4 vols.; for 1964 in 3 vols.; for
1965, 1966, 1967 in 3 vols.; 1968 and 1969 in 2 vols. These supplements continued up to decisions rendered in 1973.
4.
SCRA Quick-Index Digest. This publication by Central Lawbook Supply, Inc. has three volumes. The first two volumes
condenses Volumes 1 to 36 of SCRA, while the third volume covers
Volumes 37 to 61 also of SCRA up to 1974. Every year thereafter,
yearly digests have been coming out.
5.
Compendium of Philippine Jurisprudence. Authored
by Celso L. Magsino and published by Rex Book Store, it has 12
volumes containing digests of decisions of the Supreme Court from
1945 to 1980.
6.
Other Digests. The other digests are: Armando C.
Castillo, Digest of Supreme Court Decisions, in 9 vols. (19511964); Napoleon Garcia, Complete Monthly Digest of Supreme
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LAW BOOKS OF SECONDARY AUTHORITY
LEGAL RESEARCH
184
- Law on Public Officers and Election Law, 1997Edi-
Court Decisions; Navarrete, Digest-Index (of Supreme Court
Decisions), for 1957 and 1959; and Jurado, Leading Cases in
Civil -Law (Supreme Court), for 1958-1960;Daniel T. Martinez,
Summary of Supreme Court Rulings, starting from 1986 followingthe topic classificationin the bar examination;Jesus M.
Elbinias,Philippine Judicial Weekly; and the Supreme Court
Digest by a Supreme Court Committee.
B.
tion.
Leveriza,J.P., Ethics in Government, 1996Edition.
Martinez, D.T.,Law and Jurisprudence on Government
Organization, Administration and Officers: A Source Book
on Constitutional Law, Administrative Law and Public Officers.
Treatises and Textbooks
Part I (Law), 1993 Edition
Treatises and textbooks are expositionsby legal writers on
statutory law and case law pertaining to a particular subject and
publishedin bookform. This definitionembodiesa range of publications,includingmulti-volumeworks,textbooks,and shorter monographs. Treatises and textbooksare usually able to treat a subject
in greater depth than a legal encyclopedia,but not to the extent
foundin a periodicalarticle.
Part II (Jurisprudence), 1993 Edition.
Nolledo,The 1991 Local Government Code with Basic
Features, 1991Edition (Codal).
- The Local Government Code of 1991Annotated, 1992
Editionwith 1998Addendum.
These treatises and textbooksare:
1)
185
- Administrative Code of 1987 with related laws, and
administrative issuances, 1996Edition(Codal).
Administrative Law
-Barangay
Agpalo,RE., Philippine Administrative Law, 1999 Edition.
Justice Law, 1995Edition.
Paras, E.L., The Administrative Code of 1987, 1996Edition (Codal).
- The Law on Public Officers, 1998Edition.
Pimentel,Jr., A.Q., The Local Government Code of 1991:
The Key to National Development, 1993Edition.
Agra, A.C.,Compendium of Decisions, Rulings, Resolutions and Opinions on Local Autonomy and Local Government, 1996Edition.
- The Barangay and the Local Government Code, 1994
Edition.
- Compendium on Local Autonomy and Local Government, 1997Edition.
Rodriguez,R.B., Administrative Law: Notes and Cases,
1998Edition.
Aguilar,N.M., Fundamentals of the Law Jurisprudence
on Local Government Officialdom, 1997Edition.
- The Local Government Code of 1991Annotated, 1995
Edition.
Agustin, V.L.,The Barangay: The Basic Political Unit,
1992Edition.
Santiago, M.D., Local Government Annotated, 2000 Edi-
Aralar, R.B., Katarungang Pambarangay Rules and Jurisprudence, 2000Edition.
tion.
Cruz, C.L., Philippine Administrative Law, 1998Edition.
- The Law of Public Officers, 1999Edition.
De Leon,H.S.,Administrative Law: Text and Cases, 1998
Edition
I
Sibal,J.A.R.,Local Government Code (RA 7160)with related parts of the Constitution and Administrative Code Provisions, and the Supreme Court Rulings from 1942 to 1995,
arranged according to the subject of the Code, 1996 Edition
(Reprinted 1998).
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I
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LEGAL
186
RESEARCH
187
LAW BOOKS OF SECONDARY AUTHORITY
- The Law on Public Offices and Officers, 1993Edition.
- Administrative Law with Executive Order No. 292
(Administrative Code), 1999Edition.
Tendero,A.P., Theory and Practice of Public Administration in the Philippines, 1993Edition.
Suarez,R.A.,Textbook on Agrarian Reform, Cooperatives
and Taxation, 1995Edition.
5)
Arbitration Law
Tungol,M., Primer on the Local Government Code and
How to Improve Your Barangay, 1995Edition.
Lopez,J.V.,Private Justice: Alternative Dispute Resolution in the Philippines, 1996Edition.
- Primer on Local Government Code at Kung Paano
Mapapaunlad ang lnyong Barangay, 1995Edition.
Rodriguez, R.B., Philippine
Arbitration
UNCITRALModel Law, 1996Edition.
Ursal, S.B.,Hanbuk sa Pangangasiwa ng Pananalapi sa
Barangay, 1996Edition.
UPLC,The Local Government Code:An Assessment, 1999
Edition.
2)
Agency
Rodriguez,R.B.,The Laws on Banking and Finance in
the Philippines, 1999Edition.
Viray,A.V. and Tabios,S.S., Casebook on Banking, 1994
Edition(Reprinted1997).
- Checks: A Source of Legal Materials on Checks.
De Leon, H.S., Comments and Cases on Partnership,
Agency and Trusts, 1999Edition.
7)
Building Code
PLG The National Building of the Philippines and its
impleme~ting rules and regulations, 1997Edition.
Paras, E.L., Civil Code, Vol. 5, 2000Edition.
Tolentino,AM., Civil Code, Vol. 5, 1992Edition.
8)
Agrarian Reform
Barte, R.P.,The Law on Agrarian Reform, 1991Edition.
Joven, R., Agrarian Reform Laws in the Philippine Setting, 1993Edition.
Suarez, R.A.,A Mile to Go for Genuine Land Reform in
the Philippines, 1995Edition.
4)
Banking
- Handbook on Bank Deposit, 1998Edition.
Aquino,R.C.,Civil Code, Vol. 3, 1990Edition.
3)
6)
and the
Agrarian Reform (With:Taxation and Cooperatives)
De Leon,H.S., Textbook on Agrarian Reform, and Taxation with Cooperatives and CARP, 1998Edition.
Nolledo,J.N., Principles of Agrarian Reforms, Cooperatives and Taxation, 1999Edition.
Business Law
Agbayani,A.F.,Handbook on Partnerships
Corporations, 1998Edition.
and Private
De Leon, H.S., The Law on Obligations and Contracts,
1999Edition.
- The Law on Partnerships and Private Corporation,
1997Edition.
- The Law on Sales, Agency and Credit Transactions,
1999Edition.
- Comprehensive Review of Business Law, 1994 Edition.
- Comprehensive Review of Taxation, 2000Edition.
Llamado,C.P., et al., Philippine Taxes on Transfer and
RnRinPRR 1 !=li:lR F.rlit.lon
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}EGAL RESEARCH
LAW BOOKS OF SECONDARY AUTHORITY
189
'hilippine Law on Business Organizad Corporations), 1993 Edition.
Jurado, D.P., Comments and Jurisprudence
sion, 1991 Edition.
on Succes-
Law on Negotiable Instruments, 1993
- Comments and Jurisprudence
Contracts, 1993 Edition.
gency and Bailments, 1993 Edition.
Pineda, E.L., Civil Code of the Philippines Persons (Book
I), 2000 Edition.
ions and Contracts, 1993 Edition.
ligations and Contracts, 1998 Edition.
on Obligations and
- The Family Code of the Philippines Annotated, 1999
Edition.
r's Organizations, 1998 Edition.
- Handbook on Legal Separation, 1994 Edition.
gotiable Instruments, 1998 Edition.
- Property (Arts. 414-773, CC), 1999.
- Succession (Arts. 774-1105, CC), 1998 Edition.
h and State Law and Relations 1989
'
Paras, E.L., Civil Code of the Philippines Annotated, 5
Vols., 1998-2000 Edition.
Vol. 1, Arts. 1-413, 1998 Edition.
Vol. 2, Arts. 414-773, 1999 Edition.
:lesma, RP., Manual on the Alien Regis99 Edition.
Vol. 3, Arts. 774-1105, 1999 Edition.
::>utline of Philippine Immigration and
9 Edition.
Vol. 5, Arts. 1458-2270, 2000 Edition.
Vol. 4, Arts. 1106-1457, 2000 Edition.
Rodriguez, R.B., The Family Code of the Philippines Annotated, 1995 Edition.
Santiago, M.D., Civil Code Annotated, 2000 Edition.
:~amily Code of the Philippines, 1997
Sison, J.A., Law Each Day: Vol. I, Marriage and Family
Life, 1998 Edition.
I Code of the Philippines, 3 Vols., 1990
Tulentino, AM., Commentaries and Jurisprudence on the
Civil Code of the Philippines, 5 Vols., 1990-1992 Edition.
1990 Edition.
Vol. I, Arts. 1-413, 1990 Edition.
~57, 1990 Edition.
Vol. II, Arts. 414-773, 1992 Edition.
~270, 1990 Edition.
Vol. III, Arts. 774-1105, 1992 Edition.
ings and Jurisprudence
in Civil Law:
ion.
rook on the Family Code of the Philip-
Vol. IV, Arts. 1106-1457, 1991 Edition.
Vol. V, Arts. 1458-2270, 1992 Edition.
ULPC, Legal Aspects of Inter-Country Adoption, 1997
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190
LAW BOOKS OF SECONDARY AUTHORITY
LEGAL RESEARCH
Villanueva, C.L., Philippine Commercial Law, 1998 Edi-
12) Civil Procedure (See Rules of Court)
tion.
13) Civil Service Law
Grande, A.G., Handbook on Investigation of Administrative Disciplinary Cases in the Philippine Civil Service, 1999
Edition.
Leveriza, J.P., Ethics in Government, 1996Edition.
Martinez D.T., Law and Jurisprudence on Government
Organization, Administration and Officers: A Source Book
on Constitutional Law, Administrative Law and Public Officers Part I (Law), 1993Edition.
Part II (Jurisprudence), 1993Edition.
14) Commercial Law
Agbayani, A.F., Commentaries and Jurisprudence
Commercial Laws of the Philippines, 4 Vols.
on the
Vol. 1, Negotiable Instruments Law and Allied Laws, 1992
Edition.
Vol. 2, Insurance Law and Allied Laws, 1991Edition.
Vol. 3, Private Corporations and Allied Laws, 1996Edition.
Vol. 4, Transportation and allied laws, 1993Edition.
Martin, T.C., Commentaries and Jurisprudence
Philippine Commercial Laws, 4 Vols.
191
on the
Vol. 1, Negotiable Instruments Law and Related Laws, 1988
Edition.
Vol. 2, Insurance Code and Related Laws, 1986Edition.
Vol. 3, Transportation and Related Laws, 1989Edition.
Vol. 4, Corporation Code and Related Laws, 1986 Edition.
Nolledo, J.N., Commercial 'Iaws of the Philippines, 1994
Edition (Codal).
Rodriguez, R.B., The GATI' and WTO:An Introduction,
1998Edition.
UPLC (Santiago, J.S.S.), World Bulletin Special Issue on
Economic Regionalism, 1996Edition.
- Philippine Corporate Law, 1998Edition.
15) Constitutional Law
Bernas, J.G., The Constitution of the Republic of the
Philippines -A Commentary, 1996Edition.
- Constitutional Structure and Powers of Government,
Notes and Cases, Part I, 1997Edition.
- Constitutional Rights and Social Demands, Notes and
Cases, Part II, 1996Edition.
- The Intent of the 1987Constitution Writers, 1995Edition.
- Foreign Relations in Constitutional Law, 1995Edition.
Coquia, J.R., Human Rights:An Introduction Course, 2000
Edition.
Cruz, I.A., Constitutional Law, 1998Edition.
Decano, A.B., The Exclusionary Rules and Its Rationale,
1997Edition.
De Leon, H.S. and Lugue, E.E., Textbook on the New Philippine Constitution, 1999Edition.
- Philippine Constitutional Law: Principles and Cases,
2 Vols., 1999Edition.
Vol. 1, 1999Edition.
Vol. 2, 1999Edition.
Elma, M.B., The Aquino Presidency and the Consfitution, 1993Edition.
Paulino, B.P., The New Constitution, Annotated and Commented, 1990Edition.
Rodriguez, R.B., Constitutionalism in the Philippines, 1997
Edition.
Santiago, M.D., Constitutional Law, Text and Cases:
Vol. 1 - Political Structure, 2000Edition.
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LEGAL RESEARCH
192
LAW BOOKS OF SECONDARY AUTHORITY
Vol. 2 - Bill of Rights, 2000Edition.
Vol. 1, 1990Edition (Reprinted 1999).
- Constitution Annotated, 1999Edition
Vol. 2, 1990Edition (Reprinted 1996).
Sibal, J.A.R., The Constitution of the Republic of the
Philippines 1987 with Explanatory Notes and Konstitusyon
ng Republika ng Pilipinas, 1994Edition.
-
Constitutional Law (SCRAAnnotations), 1987 Edi-
tion.
Sison, C.V., Constitutional and Legal Systems of Asean
Countries, 1990Edition.
Suarez, R.A., Principles, Comments and Cases in Constitutional Laws:
Vol. I, 1999Edition.
193
Canlas, E.C., Handbook on Stocks, Stockholders, and Directors, 1984Edition.
De Leon, H.S., Corporation Code of the Philippines Annotated, 1999Edition.
Lopez, R.N., The Corporation Code of the Philippines
Annotated, 3 Vols., 1994Edition.
Martin, T.C., Commercial Laws, Vol. 4, 1986Edition.
Paras, E.L., et al., Corporate Law Practice and Litigation, 1994Edition.
Vol. 3, 1990Edition.
Rodriguez, R.B., The Corporation Code of the Philippines,
1999Edition.
Santiago, M.D., Corporation Code Annotated, 2000 Edition.
Tabios, S.S., Action Guides for Corporate Legal Management, 1991Edition.
Vol. 4, 1990Edition.
Villanueva, C.L., Philippine Corporate Law, 2001Edition.
16) Construction Law
19) Credit Transactions
Vol. II, 2000Edition.
UPLC, Constitutional Law:
Vol. 1, 1990Edition.
Vol. 2, 1990Edition.
Fernandez Jr., B.C., A Treatise on Government Contracts
Under Philippine Laws, 1996Edition.
De Leon, H.S., Comments and Cases on Credit Transactions, 1999Edition.
Parlade, C.O., Construction Arbitration, 1997Edition.
Rodriguez, R.B., The Law on Credit Transactions, 1992
Edition.
17) Cooperative
Aquino, A. "Butz," Primer on the Cooperative Code of the
Philippines, 1991Edition.
18) Corporation Law
Agbayani, A.F., Commercial Laws, Vol. 3, 1996Edition.
20) Criminal Law (Penal Code)
Aguilar, N.M., Criminal Actions, Prosecution and Remedies, 1998Edition.
Aquino, R.C., The Revised Penal Code, 3 Vols., 1997Edition.
Agpalo, R.E., Comments on the Corporation Code of the
Phils., 2001Edition.
Vol. 1, Arts. 1-113,1997Edition (RP 2000).
Campos, Jr., J.C. and Lopez-Campos, M.C., The Corporation Code: Comments, Notes and Selected Cases, 2 Vols.
Vol. 3, Arts. 267-367,1997Edition.
Vol. 2, Arts. 114-266,1997Edition.
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LEGAL RESEARCH
194
Coronel, A.P., Libel and the Journalist,
21) Education Act
1991 Edition.
Dizon, A., Education Act of 1982 Annotated, 1990 Edition.
Kapunan Jr., R., Criminal Law, Book I, 1998 Edition.
Jimenez, J.B.,
Kho, D.L., Businessmen's Guide on Bouncing Checks,
Nolledo, J.N., The Education Act of the Philippines, Annotated, 1995 Edition.
Blg. 22 and
Noble, M., The Anti-Graft and Corrupt Practices Act, Explained and Annotated, 1994 Edition.
Nitafan, D.G., Notes and Comments on the Bouncing
Checks, 1995 Edition (Reprinted 1997).
-
Current Issues/Problems in Legal Educa-
tion, 1992 Edition.
2000 Edition.
Lat, J.C., Handbook on Batas Pambansa
Estafa, 1998 Edition.
195
Annotations on the Dangerous Drugs Act (RA No.
6425), 1995 Edition.
22) Election Law
Agpalo, R.E., Comments on the Omnibus Election Code,
1998 Edition.
Agra, A.C., A Q&A Primer on the Philippines Party-List
System, 1997 Edition.
Calderon, A.M., Omnibus Election Code, 1998 Edition·
(Codal),
Padilla, A., Criminal Law - Revised Penal Code Annotated, 4 Vols., 1988-1990, 1998 Edition with 1992 Supplement.
Igot, R.B., Primer on the Anti-Dagdag-Bawas and PartyList System, 1998 Edition.
Vol. I, Arts. 1-45, 1998 Edition.
Vol. II, Arts. 46-113, 1988 Edition.
Vol. III, Arts. 114-266, 1989 Edition.
Vol. IV, Arts. 267-367, 1990 Edition.
1992 Supplement for Criminal Law.
Palattao, R.G., The Revised Penal Code Made Easy, Book
I, 1998 Edition.
Regalado, F.D., Criminal Law Conspectus, 2000 Edition.
Martinez, D.T., Law and Jurisprudence on Suffrage and
Elections, 1992 Edition.
- 1995 Supplement to Law and Jurisprudence
on
Suffrage and Elections.
Rodriguez, R.B., The Laws and Regulations Governing
The 1998 National and Local Elections, 1998 Edition.
23) Evidence
Echaves, V.B., Evidence in Philippine Jurisprudence, 1991
Reyes, L.B., The Revised Penal Code, 2 Vols., 1998 Edition.
Edition.
Vol. 1, Arts. 1-113, 1998 Edition.
Francisco, V.J. (Updated and Revised by Justice Ricardo J.
Francisco), Revised Rules of Court - Evidence:
Vol. 2, Arts. 114-367, 1998 Edition.
Part I, 1997 Edition.
Rodriguez, R.B., The Sandiganbayan, The Ombudsman,
Part II, 1997 Edition.
The PCGG,The Anti-Graft Laws, and the Code of Conduct
for Public Officers: The Laws, Rules of Procedure and Cases
2000 Edition.
- Basic Evidence, 1999 Edition.
'
Sangco, J.C.S., Handbook on Probation, 1995 Edition.
Santiago, M.D., Penal Code Annotated, 1999 Edition.
Herrera, O.M., Remedial Law (Evidence):
Vol. 5, Rules 128-130, 1999 Edition.
Vol. 6, Rules 131-133, 1999 Edition.
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. 196
LEGAL RESEARCH
Padilla, A., Evidence Annotated:
Amador, V.B., Trademark Under the Intellectual Property Code, 1999 Edition.
Vol. 1, 1992 Edition
- Copyright Under the Intellectual Property Code, 1998
Vol. 2, 1994 Edition.
Sibal, J.A.R. & Salazar, Jr., J.N., Compendium on Evidence
1995 Edition.
·
'
Tabios, S.S., Action Guides on Evidence: A Case Management Guidebook.
.
Vol. 1, Acquisition
tion,
~~
197
LAW BOOKS OF SECONDARY AUTHORITY
and Admissibility
of Evidence, 1997 Edi-
Vol. 2, Presentation and Quantification of Evidence
'
2000 Edi-
Edition.
Aquino, R.C., Intellectual Property Law: Comments and
Annotations, 1998 Edition.
Madrilejos, A.M., Registration and Protection
marks, etc., 1999 Edition.
of Trade-
27) International Law (Public and Private)
Aquino, R.C., Private International
Law, 1998 Edition.
Coquia, J.R. and Pangalangan, E.A., Conflict of Laws, 1995
Edition.
24) Firearm Law
Ulep, M.C., The Law on Firearms and Explosives 1999
Edition.
'
Coquia, J.R. and Santiago, M.D., International Law, 1998
Edition.
25) Insurance
Cruz, I.A., Philippine International
Agbayani, A.F., Commercial Laws, Vol. 2, 1991 Edition.
Paras, E.L., Philippine Conflict of Laws, 1996 Edition.
De Leon, H.S., The Insurance Code of the Philippines
Annotated, 1998 Edition.
- International Law and World Politics, 1994 Edition.
Salonga, J.R., Private International
-
Editioo.
The Law on Insurance with Insolvency Law 1998
'
- The Law on Insurance and Sales, 2000 Edition.
Rodriguez, R.B., The Insurance Code of the Philippines
Annotated, 1999 Edition.
Law, 1995 Edition.
Santiago, M.D., International Law, with Philippine Cases
and Materials and Asean Instruments, 1999 Edition.
28) Introduction to Law
Gamboa, M.J., An Introduction to Philippine Law, 1969
Edition (Reprinted 1996).
Martin, T.C., Commercial Laws, Vol. 2, 1986 Edition.
Tiopianco, T., Commentaries and Jurisprudence on the
Insurance Code, 1992 Edition.
tion.
Law, 1998 Edition.
- New Insurance Reviewer (Life and Non-Life) 1992 Edi'
Lizaso, M.T., Introduction to Law, 1991 Edition.
Rodriguez, R.B., Introduction to Law, 2001 Edition.
Suarez, R.A., Introduction to Law, 1995 Edition.
26) Intellectual Property
29) Investments Law
Agpalo, R.E., The Law on Trademark, Infringement and
Unfair Competition, 2000 Edition.
Rodriguez, R.B., Investment Laws of the Philippines, 1997
Edition.
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LEGAL RESEARCH
198
30) Judges and Courts
Aguilar, N.M., Practice and Procedure Before the Infertor.Courts with Bai}Bond Guide of 1981, and pertinent SC
Circulars, 1996 Edition.
Gubat, M.M.,The Special Rules of Procedure Governing
the Shari'a Courts Annotated, 1995Edition.
Nitafan, D., Primer on the Judicial Power, 1991 Edition.
Pano, E.C., The Trial Judges Workbook, 1986 Edition.
- The Judiciary and the Bar Judges, Lawyers, Courts
and Other Legal Essays With a History of the Supreme Court,
1995 Edition.
Quiason,C.D., Philippine Courts and Their Jurisdictions
'
1993 Edition.
Rodriguez, R.B., The Sandiganbayan, The Ombudsman,
The PCGG, The Anti-Graft Laws, and the Code of Conduct
for Public Officers: Laws, Rules of. Procedure and Cases
2000 Edition.
'
- Manual on Jurisdiction and Directory of Courts and
Agencies Involved in the Administration of Justice, 2000Edition.
31) Labor and Social Legislation
Amador, V.B., The Law on Strikes, 1999 Edition.
199
Foz, V.B., Labor Code of the Philippines, 2000 Edition
(Codal).
Guevarra, D.G., Unyonismo sa Pilipinas, 1995 Edition.
Manalac, Philippine Labor Laws and Jurisprudence, 1999
Edition.
Martinez, D.T., Law and Jurisprudence on Labor and
Social Legislation, 3 Vols.
Vol. I, Laws and Regulations, 1995Edition.
Vol. II-A, Jurisprudence, 1995 Edition.
Vol. II-B, Jurisprudence, 1995 Edition.
Nolledo,J.N., The Labor Code of the Philippines, 1999
Edition (Codal).
Poquiz, S.A., Labor Relations Law with Notes and Com·
ments, 1999Edition.
- Labor Standards Law with Notes and Comments, 1999
Edition.
.
Rodriguez, R.B., Labor Relations Law with Notes and
Cases, 1999Edition.
·
Sibal, J.A.R., Philippine Labor Jurisprudence and Practice, 1997Edition.
Ungos,P.D., Labor Code of the Philippines Annotated, 2
vols.
Vol. 1, 1996Edition
- Labor Standards Administration, 2000 Edition.
Azucena, C.A., The Labor Code: Comments and Cases, 2
vols.
Vol. 1, 1999 Edition
Vol. 2, 1998 Edition.
UPLC (Arroyo, B.V.C.), The Laws and Jurisprudence
Retirement, 1998 Edition.
on
32) Land Titles and Deeds
Vol. 2, 1999 Edition.
Chan, J.G., Law on Labor Relations and Termination of
Employment Annotated, 1996Edition.
Aquino, A.D., Land Registration and Related Proceedings, 1997Edition.
Noblejas, A.H. and Noblejas, E.H., Registration of Land
Titles and Deeds, 1992 Edition.
- Law on Labor Standards and Social Legislation An·
notated, 1997Edition.
Pena, N., et al., Registration of Land Titles and Deeds,
1994 Edition.
- Everyone's Labor Code, 2001 Edition.
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201
LAW BOOKS OF SECONDARY AUTHORITY
LEGAL RESEARCH
200
Bara-Acal,A.M., and Astih, A.J., Muslim Law on Personal
Status in the Philippines, 1998Edition.
33) Legal Ethics
Agpalo, R.E., Legal Ethics, 1997Edition.
. . ~Code of Professional Responsibility for Lawyers, 1991
Edition.
Domondon, A.T., Legal and Judicial Ethics, 1999Edition.
Pineda, E.L., Legal and Judicial Ethics, 1999Edition.
Sangco, J.C.S., Legal Ethics, 1996Edition.
Razul, J.D., The Family Code and the Muslim Code,.1994
Edition.
37) Natural Resources
Pena, N., Philippine Law on Natural Resources, 1997
Edition.
38) Negotiable Instruments Law
34) Legal Medicine
Agbayani,A.F., Commercial Laws, Vol. 1, 1992Edition.
Nitafan, D.G., Annotations on the Dangerous Drug Act
1995Edition.
'
Solis, P., Legal Medicine, 1987 Edition.
Campos,J.C. and Campos,Ma. C., Notes and Selected Cases
on Negotiable Instruments Law, 1994Edition(Reprinted 1999).
De Leon, H.S., The Philippine Negotiation Instruments
Law Annotated, 1996Edition.
- Medical Jurisprudence, 1988 Edition.
Martin, T.C., Commercial Laws, Vol. 1, 1988Edition.
35) Legal Research and Writing
Barte, R.P., Legal Counseling with Notes on Practicum
and Court Practice, 1997Edition.
'
39) Obligations and Contracts
Aquino, R.C.,Civil Code, Vol. 2, 1990Edition.
Gupit, Jr., F. and Martinez, D.T., A Guide to Philippine
Legal Materials, 1993Edition.
De Leon, H.S., Comments and Cases on Obligations and
Contracts, 1993Edition.
- Excerpts from a Guide to Philippine Legal Materials
1995Edition.
'
Jurado, D.P., Comments and Jurisprudence
tions and Contracts, 1993Edition.
Javines, F., Legal Writing: Logic and Language in Law
1993Edition.
'
Paras, E.L., Civil Code, Vol. 4, 2000Edition.
Sangco, J.C.S., Legal Writing, 1995Edition.
Ulep, M.C., A Handbook on Legal Counselling and Interviewing, 1997Edition.
on Obliga-
Rodriguez, R.B., The Law on Obligations and Contracts,
1987Edition.
Sta. Maria, M.S., Obligations and Contracts: Text and
Cases, 1997Edition.
Tolentino, A.M., Civil Code of the Philippines, Vol. 4, 1991
Edition.
36) Muslim Law
Alauya, S., Muslim Inheritance Law, 1989 Edition.
- Quizzer in Muslim Personal Law, 1993 Edition.
Arabani, B., Commentaries on the Code of Muslim Personal Laws of the Philippines, 1990Edition.
40) Parliamentary Law
Orendain, A., Parliamentary Rules, 1992Edition.
- Mga Tuntuning Parliamentaryo, 1989Edition.
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203
LEGAL RESEARCH
202
Sta. Maria, Jr., M., Persons and Family Relations Law,
- Robert's Rules of Order, 1990 Edition(Revisedby Evans).
: 41) Partnership
Aquino,R.C.,Civil Code, Vol. 3, 1990 Edition.
1999 Edition.
Tolentino,A.M., Civil Code of the Philippines, Vol. 1, 1990
Edition.
43) Philosophy, Legal
Bautista, E., Treatise on Philippine Partnership,
Edition.
1995
De Leon, H.S., Comments and Cases on Partnership,
Agency and Trusts, 1999 Edition.
Paras, E.L., Civil Code of the Philippines, Vol. 5, 2000
Edition.
Tolentino,AM., Civil Code of the Philippines, Vol. 5, 1992
Edition.
Aquino, R.C., A Philosophy of Law, 1994 Edition.
Pascual, C., Introduction
Edition.
to Legal Philosophy,
1997
44) Political Law
Bernas, J.G., The Constitution of the Republic of the
Philippines -A Commentary, 1996 Edition.
Cruz, I.A.,Philippine Political Law, 1998 Edition.
Jimenez, J.D., Political Law Compendium, 1996 Edition.
42) Persons and Family Relations
Albano, Ed V.S., Family Code· of the Philippines, 1997
Edition.
Aquino,R.C., Civil Code, Vol. 1, 1990 Edition.
Bara-acal, A.M. & Astih, A.J., Muslim Law on Personal
Status in the Philippines, 1998 Edition.
Diy, AV., Handbook on the Family Code of the Philippines, 1995 Edition (Reprinted1999).
Paras, E.L., Civil Code of the Philippines, Vol. 1, 1998
Edition.
Pasimio, R.R., The Family Code of the Philippines, 1998
Edition.
Pineda, E.L.,Civil Code of the Philippines: Persons (Book
I), 2000 Edition.
Pineda, E.L., The Family Code of the Philippines Annotated, 1999 Edition.
Razul, J.D., The Family Code and the Muslim Code, 1994
Edition.
Rodriguez,R.B., The Family Code of the Philippines, 1995
Edition.
45) Property
Aquino, R.C.,Civil Code, Vol. 1, 1990 Edition.
De Leon, H.S., Comments and Cases on Property, 1998
Edition.
Nolledo,J.N., Philippine Law on Property, 1995 Edition.
Pineda, E.L., Property, 1999 Edition.
Paras, E.L., Civil Code of the Philippines, Vol. 2, 1999
Edition.
Tolentino,A.M., Civil Code, Vol. 2, 1992 Edition.
46) Rental Law
Sia, C.O., The New Rent Control Law: Questions and
Answers on Batas Pambansa Big. 877, as extendedBy RA8437
up to the year 2001, 1998 Edition.
47) Roman Law
Coquia, J.B., Principles of Roman Law, 1979 Edition (Reprinted 1998).
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LEGAL RESEARCH
204
Miravite,L.F.,Handbook on Roman Law, 1972Edition (Reprinted 1991).
Vol. VII, Evidence(Part I), 1997Edition.
Suarez, R.A.,Comparative Study: Roman Law and Jurispr'udence, 1989Edition.
Gayo, E.L., Civil Procedure, 1999Edition.
48) Rules of Court
Aguilar, N.M., Criminal Actions, Persecution and Remedies, 1998Edition (Reprinted 2000).
- Practice and Procedure Before the Inferior Courts
1996Edition.
'
Vol. VII, Evidence(Part II), 1997Edition.
Gubat, M.M.,The 1997 Rules of Civil Procedure Annotated, 2000Edition.
Gupit, F., Significant Revisions in Civil Procedure, 1998
Edition.
Herrera, O.M., Remedial Law:
Vol. 1, Rules 1-23, 2000 Edition.
Vol. 2, Rules 24-56,2000 Edition.
- The New Rules on Ejectment, 1999Edition.
Apostol, S.A.F.,Essentials of Special Proceedings, 2000
Edition.
Vol. 3, Rules 57-71, 1999Edition.
Aquino, A.D., Law and Jurisprudence
Edition.
Vol. 4, Rules 110-127, 1992Edition.
on Ejectment, 1997
Balgos, M.O.T.,Handbook on the Law on Pleadings 1983
Edition.
'
Bernardo, O.B., The Law on Certiorari, Prohibition,
Mandamus, Restraining Order and Injunction, 2000 Edition.
- Criminal Procedure Annotated, 2000 Edition.
Book on Judgments, Appeals and Execution, 1999
Bersamin, L.P., Appeal and Review in the Philippines,
2000 Edition.
Vol. 6, Rules 131-133,1999Edition.
Vol. 7, Comments on the 1997 Rules of Civil Procedure, as
amended (Rules 1-71,Rules of Court), 1997Edition.
- A Handbook on Arrest, Search and Seizure and Custodial Investigation, 1994Edition.
Laureta, W.G., Commentaries and Jurisprudence on Injunction, 1989Edition.
Manalastas, D.A., The Law on Ejectment, 1999Edition.
Moran, M.V., Comments on the Rules of Court:
Vol. 1, Civil Procedure, Rules 1-23, 1995Edition.
Estebal, A.C.,Law on Arrest, 1996Edition.
Echavez,V.B., Evidence in Philippine Jurisprudence, 1990
Edition.
Feria, J., 1997Rules of Civil Procedure, Rules 1-71,Rules
of Court, 1997Edition.
Francisco, V.J., The Revised Rules of Court in the Philippines:
Vol. IV, Provisional Remedies, 1998Edition.
Vol. 3-A, Rules 72-109, 1996Edition.
Vol. 5, Rules 128-130,1999Edition
Aquino,H.Y.,Aspects of Jurisdiction, 1999Edition.
-The
Edition.
205
Vol. 2, Civil Procedure, Rules 24-56, 1995Edition.
Vol. 3, Provisional Remedies, Special Civil Actions and Special
Proceedings, Rules 57-109, 1997 Edition.
Nolledo, J.N., Handbook on Criminal Procedure Annotated, 1994Edition.
Olivares, N.T., A Layman's Guide to Court Procedures: A
Handbook on Lawsuits, 2000 Edition.
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LEGAL RESEARCH
LAW BOOKS OF SECONDARY AUTHORITY
207
Padilla, A., Evidence Annotated:
51) Statutory Construction
Vol. 1, 1992Edition.
Agpalo,R.E., Statutory Construction, 1998Edition.
Vol. 2, 1987 Edition.
Laurel, J., Statutory Construction, 1999Edition.
Pamaran, M.R., 1985 Rules on Criminal Procedure Annotated, 1999Edition.
.
'
- Pleaders Guide to Quotations and Citations in Statutory Construction, 1991Edition.
Paras, E.L.,Rules of Court Annotated, Rules 128-134 Vol
4, 2000 Edition.
' .·
Rodriguez, R.B., Statutory Construction, 1999Edition.
Quiason,C.D.,Philippine Courts and Jurisdictions 1993
Edition.
'
Suarez, R.A., Statutory Construction, 1993Edition.
Sibal, J.A.R., Statutory Construction, 1994Edition.
Regalado,F.D.,Remedial Law Compendium:
52) Succession, Wills
Vol. 1, Rules 1-71, 1999Edition.
Aquino, R.C., Civil Code, Vol. 2, 1990Edition.
Balane, R.F., Jottings and Jurisprudence
(Succession), 1998 Edition.
Vol. 2, Rules 72-134,2000 Edition.
Rodriguez, R.B., The U.S. "RICO" Law and Federal Criminal Procedure: Their Adaptability in the Philippines 1996
Edition.
'
Santiago,M.D.,Rules of Court Annotated, 1999 Edition.
Sibal, J.A.R. and Salazar, Jr., J.N., Compendium on Evidence, 1995Edition.
tion.
tion.
in Civil Law
De Leon, H.S., Comments and Cases on Succession, 1993
Edition.
_ 1.
,;
Jurado, D.P., Comments and Jurisprudence
sion, 1993 Edition.
on Succes-
Nolledo, J.N., The Inheritance Law in the Philippines,
1996Edition.
49) Sales
Paras, E.L., Civil Code, Arts. 774-1105, Vol. 3, 1999Edition.
Aquino,R.C.,Civil Code, Vol. 3, 1990Edition.
Pineda, E.L., Succession, 1998Edition.
De Leon, H.S., Comments and Cases on Sales 2000 Edi'
Paras, E.L., Civil Code, Arts. 1458-2270, Vol. 5, 2000 Edi-
Tolentino, A.M., Civil Code, Arts. 1458-2270, Vol. 5, 1992
Edition.
Tolentino, A.M., Civil Code, Arts. 774-1105, Vol. 3, 1992Edition.
·11
53) Tariff and Customs Code
PTC, Tariff and Customs Code of the Philippines: Harmonized Commodity Description and Coding System, Vol. 1,
1998 Edition.
Villanueva, C.L., Philippine Law on Sales, 1998Edition.
PTC, Tariff and Customs Code of the Philippines, Vol. II,
·1998 Edition.
50) Securities Act
PTC, Compendium of Tariff Commodity Classification
Ruling, 1998 Edition.
Balbastro, A.E., Handbook on Jurisdiction of the Securities and Exchange Commission and Other Intra-Corporate
Case, 1992Edition.
Tejam, M.A., Commentaries on the Revised Tariff and
Customs Code, 4 Vols.:
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LEGAL RESEARCH
208
Vol. 1, Secs. 100-104 and Chapters 1-38, 1991 Edition.
209
Santos, G.T., et al., Taxation: Concepts, Principles, Practice And Trends, 1999 Edition.
Vol. 2, Chapters 39-84, 1992 Edition.
Tabios, S.S., Action Guides for Tax Management:
Vol. 3, Chapter 85-90, 1984 Edition
VoL 1, Income,Estate and DonorsTaxation, 1994 Edition.
Vol. 4, Chapters 91-99 and Secs. 105-4 704, 1986 Edition.
- Customs Brokers Reviewer (1979, 1981, 1983 and 1987
Examinations),1989 Edition (Reprinted 1996).
Vol. 2, Value Added and Gross Receipts Taxation, 1996 Edition.
Vol. 3, Excise Taxationand Tax Remedies,1995 Edition.
Tomacruz, A.L. and Tabios, S.S., Resource Handbook in
Taxation:
54) Taxation
Go, J.V., Commission on Audit Regulations and Jurisprudence, 1998 Edition.
Vol. 1, IncomeTax, 1988 Edition.
Gonzales,E.G., National Internal Revenue Code of 1979
With Annotations and Implementing Regulations, 1999 Edition.
Vol. 3, Other Business Taxes, 1994 Edition.
De Leon, H.S., The Fundamentals of Taxation, 2000 Edition.
Vol. 2, Estate, Donorand Value-AddedTaxes, 1989 Edition.
Villanueva, A.A., Taxation Simplified, 1999 Edition.
Vitug, J.C. and Acosta,E.D., Tax Law and Jurisprudence,
2000 Edition.
- The Law on Transfer and Business Taxation, 2000
Edition.
- The Law on Income Taxation, 1998 Edition.
55) Torts and Damages
Decano, A., Torts and Damages, 1996 Edition.
- National Internal Revenue Code Annotated, 2000 Edition.
Llamado, C.P., et al., Philippine Taxes on Transfer and
Business, 2000 Edition.
Sangco, J.C.S., Torts and Damages, 2 Vols.
Vol. 1, 1993 Edition.
Vol. 2, 1994 Edition.
Sison, C.V., Handbook on Damages, 1993 Edition.
- Philippine Income Tax, 1998 Edition.
Luk.ban,J.P. and Tabios,S.S., Principles and Remedies for
Income Tax Management, 1993 Edition.
Nolledo,J.N., The New Expanded VAT Law (RA 7716),
1995 Edition.
Suarez, R.A.,Torts and Damages, 1995 Edition.
56) Transportation, Admiralty and Maritime Law
Agbayani, A.F., Commercial Laws, Vol. 4, 1993 Edition.
Ordono,E.O., Utilizing the Taxpayer's Statement of Assets, Liabilities and Network in Tax Investigation and Assessment, 1999 Edition.
- Philippine Tax Treatises, 1997 Edition.
Santiago, M.D., National Internal Revenue Code Annotated, 2000 Edition.
Bolado, R.C. and Idulan, J.L., Comprehensive ~ext and
Reviewer in Marine Engineering, with Recent Questions and
Answers on the Computerized Marine Engine Officers
Licensure Examination, 1993 Edition.
Campo, A., Maritime Law I, 1993 Edition.
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LEGAL RESEARCH
LAW BOOKS OF SECONDARY AUTHORITY
Hernandez, E.F. and Penasales, A.A.,Philippine Admiralty
and Maritime Law, 1987 Edition.
Martin, T.C., Transportation and Related Laws (Vol. 3
Commercial Laws), 1989 Edition.
'
tion.
"Rodriguez, R.B., The Law on Transportation,
1997 Edi-
C.
2111
Bar Reviewers
Although the bar review materials could be classified under
Treatises and Textbooks,because of the importance of the bar exams, we will treat this separately. Bar review materials are very
helpful to fourth year law students arid those reviewingfor the bar.
. - The Regulatory Laws and Cases on Land, Water, and
Air Transportation in the Philippines, 1999 Edition.
Tiopianco,C.P., Handbook on Philippine Motor Car Policies, 1994- Edition.
They are also very important to legal researchers because
j;hey present a concisepresentation of the law, legal doctrines and
wading SupremeCourt decisionsin capsulizedform. They are usu~lly very current and include the latest SC decisions.
·
Ventosa,F.T. and Bartolo, D.L., International
for Preventing Collisions at Sea, 1994 Edition.
- Tanker Safety, 1994 Edition.
- Maritime Ethics, 1994 Edition.
An exampleis Florenz Regalado's Remedial Law Compendium which is not only a goodreviewerbut is also very helpful in
legal research.
Regulations
These reviewers are:
Ventosa, F.',r., Useful Tables for l\Jaritime Schools 1994
Edition.
·
'
- Knowledge Re-Ship Business for Maritime Schools
1994 Edition.
tion.
Albano,Ed. V.S.,Civil Law Reviewer, 1998 Edition
- Remedial Law Reviewer, 1998 Edition.
'
- Safety of Life at Sea for Maritime Schools, 1993 Edi-
- Political Law Reviewer, 1998 Edition.
- Bar Reviewer. in Legal Ethics, 2000 Edition.
Bernas, J.G., The 1987 Philippine
Reviewer-Primer, 2002 Edition.
57) Trial Practice
Balbastro, A.E., Trial Technique and the Practice of Law,
1989 Edition.
Balgos, M.O.T., Handbook on the Law of Pleadings, 1999
Edition.
Casanova,C.A., Cross-Examination Mirror, 1999 Edition.
Coronel, A.P.,Handbook on Trial Practice, 1990 Edition.
Francisco, R.J., Trial Technique and Practice Court:
Vol. I, 1999 Edition.
Vol. II, 1999 Edition.
Vol. III, 2000 Edition.
Constitution
-
A
Cruz, 1.A., International Law Reviewer, 1996 Edition.
Domondon,AT., Bar Reviewer in Taxation:
Vol. I, 1999 Edition.
Vol. II, 1999 Edition.
Francisco,R.J., Criminal Procedure (Questions and Answers), Rules 110-127, 1996 Edition.
-Evidence
Edition.
(Questions andAnswers), Rules 128-134, 1996
Garcia, O.S., Pre-Week Memory Aid in All Bar Subjects,
'
Pamaran, M.R., Trial Practice in Philippine Courts, 2000
Edition.
(Source: 2000 Catalogue, Philippine Legal Publications, Central BookSupply, Inc. and Central ProfessionalBooks, Inc. Manila)
1997 Edition.
Gupit, F., Passing the Bar or How to he a Lawyer, 1983
Edition.
-Pointers
in Remedial Law, 1999 Edition.
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LEGAL RESEARCH
Gregorio,A.L., Fundamentals
1997Edition.
LAW BOOKS OF SECONDARY AUTHORITY
of Criminal Law Review
2ll3
UPLC, Answers to Bar Examination Questions:
'
(AvailableJune, 2000)
in Civil Law, 1975-1999
in Mercantile Law, 1975-1999
in Remedial Law, 1975-1999
in Political Law, 1987-1999
in Taxation, 1991-1999
in Labor and Social Legislation, 1987-1999
in Legal and Judicial Ethics
,Jimenez, J.D., Political Law Compendium, 1996 Edition
(Reprinted 1998)
·
Jurado, D.P.,Civil Law Reviewer, 1998 Edition.
Laureta, W.G., Secrets on How to Pass the Bar Examination, 1990 Edition.
Magallona,M.M.,A Primer in International Law and Relation to Philippine Law, 1997 Edition.
- A Primer on the Law of the Sea, 1997 Edition.
- A Primer on the Law of Treatises, 1997 Edition.
Vitug, J.C. Pandect of Commercial Law and Jurisprudence, 1997Edition
- Compendium of Civil Law, 1993Edition.
Mendoza,V.V., Bar Review Guide in Political Law, 1989
Edition (Reprinted'1997).
(Source:2000 Catalogue, Philippine Legal Publications, Central BookSupply,Inc. and Central ProfessionalBooks, Inc. Manila)
Miravite, J.V.,Bar Review Materials in Commercial Law
1998 Edition.
'
D.
Nachura, A.B., Outline/Reviewer in Political Law, 2000
Edition.
Nolledo,J.N., Bar Reviewer in Taxation, 1998 Edition.
Pano, E.C., Bar Reviewer in Legal and Judicial Ethics
1997 Edition.
'
Perez, H.B.,Reviewer on Insurance, Insolvency and Code
of Commerce, 2000 Edition.
Regalado,F.D., Remedial Law Compendium:
Vol. 1, Rules 1-71, 1999 Edition.
Vol. 2, Rules 72-134,2000 Edition.
Rodriguez, Jr., L.G., Common Sources of Bar Questions,
2000 Edition.
Rodriguez,R.B., The Family Code Reviewer, 1995Edition.
Sababan, F.J. and Bundac, L.A., Taxation Law Reviewer,
2000 Edition.
Sandoval,E.G., Pointers in Criminal Law, 1998 Edition.
Legal Pertodicals
While the use of legal periodicals in legal research is indispensable in the the United States, it is not widely used in the
Philippines. The most .serious and highly reputed legal periodicals
are the academiclaw reviews producedat the major Americanlaw
schools.Law reviews are published by virtually all accredited law
schoolsas training grounds for students editors. They contain both
articles by established scholars and student-written commentsand
case notes. Both lead articles and commentsare marked by extensive footnotes,making them useful research tools.
In addition to general law reviews, there is an ever growing
number of specialized academicjournals, focusing on topics from
ecologyto industrial relations. Most of these are student-edited,
but a few specialized scholarly journals, such as the American
Journal of Legal History and the Journal of Legal ffistory
and the Journal of Legal Studies, are edited by faculty.
Numerous periodicalsare publishedby the American Bar Association and other professional groups. Bar journals tend to f eature articles of a shorter, more popular nature than the law reviews and contain more news of current legal developments. Most
A.B.A.sections issue their own publications, including several respected, scholarly journals. Several state and local bar associations
and specializedbar groups also publish journals, usually of more
limited scope and quality.
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LEGAL RESEARCH
After Justice Moreno, the long time pioneer in newspap~r
case digest columnsis the principal author, Dean .Fortunato Guprt,
Jr He started with the Manila Times in 1972 which was closedby
m~rtial law that same year. Then Dean Gupit appeared in .the
Times Journal from 1975 to 1983. After the Febru~ry ~evolution,
his column of this sort was published by the Manila Tim~s w~en
publisher and patriot Chino Roceshandled the paper agam. W~th
the death of Chino Roces, Dean Gupit transferred to the Evening
Star where he came out daily for some time until the paper closed.
In the Philippines, there have been some of legal periodicals
published.The list includes:Ateneo Law Journal; Court of Agrarian Relations Journal; Far Eastern Law Review; Francisco
College Law Journal;Jntegrated Bar of the Philippines Journal; Lawyers Journal; The Lawyers Review; Lyceum Law
Review; MLQ Law Quarterly; Philippine International Law
Journal; Philippine Labor Law Journal; Philippine Law Journal (of UP); Philippine Lawyers Association Journal; Philippine Tax Journal; San Beda Law Journal; Tax Quarterly of
the Philippines; The Law Review (U.S.T.);University of the
East Law Journal; University of Manila Law Gazette Journal; and University of San Carlos Law Review.
Once the Daily Express had case clippingsby J~~ge ~anti~o
Ranada. His column is now running daily in the Philippm~ Daily
Inquirer. The Philippine Star, on the other hand, has a daily column written by Jose C. Sison, called "A Law Each Day (Keeps
TroubleAway)."
Business Day had a long columnby Matias Defensor, _deali~g
with recent decisions.There was a daily column on Pres~de_ntial
Decrees by then Assemblyman,later COMELECCommis~10ner
Jaime Opinion, which appeared in the Times Jour~al, but it_ was
shortlived. Currently,inforirfative columnson Taxation are ~ttcn
by Rubin F. Makalintal for the Manila Bulletin and Sevenano S.
Tabiosfor the Philippine Daily Inquirer.187
The leading law journal in the Philippines is the Philippine
Law Journal of the U.P. Collegeof Law which has been in existence' since 1910. It is distinguished by its scholarly articles, reviews and commentaries.It is exchangedwith leading universities
in the United States and Europe and its articles by leading Filipino
academicians and students of the Collegeof Law are recorded in
bibliographiclistings around the world. The other law reviewspublished by law schools are the Ateneo Law Journal, San Beda
Law Journal, UST Law Review and Far Eastern Law Review, San Sebastian Collegeof Law will soonbe publishingits San
Sebastian Law Review.
E.
The Journal of the Integrated Bar of the Philippines is published by the IBP for its more than 40,000members.
Journals in taxation and financeare the Philippine Tax Journal, the Finance Journal, the Tax Monthly, the National International Review Journal. The old GovernmentAuditing Office had its GAO Journal. There is an Insurance and Finance
Journal published by the Insurance Associationof the Philippines.
We have also the Journal of the Bank Administration Institute. The U.P. Law Center has a Batas at Katarungan, which is
described as a Journal on Law and Justice, publishedtwice a year.
It is a commonthing for newspapers to carry daily case digests which contain brief rulings of recent decisionsof the Supreme
Court which are not yet found in the books. Lawyers clip and file
them. The newspaper case digest was started by Justice Federico
B. Morenoin the Manila Times and the Daily Mirror prior to martial law. The Bulletin Today carried a case digest without a by-line.
It was the longest running digest in the daily newspapers.
2115
;I
:!
Legal Encyclopedia
While a textbookdeals with one subject or phrase of a sub~~ct
of the law, encyclopediatreats of all subjects.It is a comprehens1~e
treatise of the entire field of the law. This whole field of the law ~s
divided into topics arranged in alphabetical order. It presents m
concise form, brief but comprehensive statements of the current
law upon said topics.
The text statements of an encyclopedia, like a digest are those
of abstract legal principles logically and succinctly arranged and
classified according to legal subject matters, and supported by footnote reference to the decisions which are relied upon to support
these principles.
A legal encyclopedia as distinguished from law diction~ries ~s
a subject-book which presents to the user the means of making his
1a'Gupit, op. cit., pp. 176-177.
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216
LEGAL RESEARCH
own definitions. It deals with a whole field of law as distinguished
from treatises which treats of a portion of the subject. It gives a
literary statement of the law as distinguished from digests which
presents isolated summaries of points of law.
The first attempt to publish a legal encyclopediain the Philippines was the Cyclopedia of Philippine Law to be authored by
Alvir & Associates. However, only the first volume containing a
textual treatment of the law from A to C was published.
. .
ted to Philippine codes or statutes and/or tlae
defimtions are re1 a
db it ti
authoritative court decisions where they may be foun y ci a ion
to specificprovisions of law or to reported cases.
The other law dictionaries are: Gamboa: ~ic~ionary of ~~ternational Law and Diplomacy;Isidro, Philippine Labor Dlloetionary (1966); and Tiopanco,Dictionary of Insurance Terms
and Phrases (1976).
Another publication can be classified as a legal encyclopedia
but unfortunately, only its first volume had been published. This is
Pedro Venida's Enclyclopedia of Philippine Law and .Jurisprudence.
A specialized encyclopedia on taxation was the Philippine
Tax Reporters, advertised as a 25-volume cyclopedia, with annual supplements. Begun in 1972 on a volume by volume release,
the Reporter deals· extensively with the National Internal Revenue Code, special tax laws, tax rulings, circulars, decisions and
treatises. After three volumes, it stopped. A one volume encyclopedia called The Philippine Legal Encylopedia of Jose Agaton R.
Sibal was published by the Central Law Book Publishing Co.
F.
2117
Law Dictionaries
Law dictionaries are useful for identifying the definitions of
words in their legal sense or use. For each word or phrase a short
definition is given. Some also provide a citation to a court case or
other reference having the source of the word or phrase.
The earliest law dictionary was Berriz, Diccionario de
Administracion de las Islas Filipinas, published in 1887. This
was followedby Martinez de San Agustin, Diccionario Juridico
Recopilador, in 1922, a study which included chronologicaland
alphabetical indexes of Philippine legislation and jurisprudence.
Writing in the Preface, Justice James A. Ostrand of the Philippine
Supreme Court considered the book more of a juridical encyclopedia than a dictionary.
In 1972,the first dictionary for Philippine Law was published,
covering 70 years oflaw and decision-makingfrom 1901to1971. It
was written by Federico B. Moreno and entitled Philippine Law
Dictionary. It defined legal terms and phrases that, as part of our
law and jurisprudence, was necessary to a law practitioner. Those
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SEARCH MATERIALSAND FINDING TOOLS
·CHAPTER
The first citator published in the Philippines was Dizon's Philippine Citations (1937) in 2 vols. which contain complete cit.ations found in Vols. 2 to 64 of the Philippine Reports and in the
Official Gazette to April, 1947 (including the occupation issues) of
7
SEARCH MATERIALS AND FINDING TOOLS
There have been a large volume of statutory law and case law
that have been churned out by our legislative mill and judicial
branch of government since 1900 and the legal researcher needs
s?me mea~s of subject access into this large body of law. The effect~ve operati?n of the doctrine of precedent requires that prior decisions be easily available. Without a topical approach to legal sources
researchers could not find existing decisions or statutes on point. '
We therefore need search materials and finding tools for legal
research. The purpose of these materials and tools is not to persuade,. nor do they themselves have any primary or persuasive
auth~nty. They are only means for locating primary sources. It
then. is i:e.cessary to read those primary sources to determine their
applicability to a particular situation. In legal research as in other
aspects of the lawyer's work, one must employ a highly developed
sense of relevance - a keen appreciation of which sources are
legally and factually relevant to the specific inquiry.
These search materials and finding tools are:
A.
1.
Citators
2.
Indexes
3.
Bibliographies
the decisions of the Supreme Court and the Court of Appeals as
well as of Philippine laws, including Royal Decrees and Orders,
Ordinances of the City of Manila, and other matters.
This citator provides the researcher with knowledge at a glance
whether a given reported Philippine decision has been overruled,
criticized, limited in its application, distinguished or followed in
subsequent reported decisions. Likewise, by consulting the citations to codes and statutes, the researcher will have before him all
reported Philippine decisions wherein a particular Philippine s"tatute has been cited, invoked, applied, construed or discussed.
The next citator published in the Philippines in 1964 'Was
Paras, Philippine Citations, in 2 vols. Volume 1 deals with case
citations covering Vols. 1_ to 82 of the Philippine Reports and
issues of the Official Gazette from 1942 to 1962. Volume 2 €Ontains code citations, statute citations, and citations of administrative rules as well as Spanish laws applied to the Philippines.
Another citator is the Philippine Citator contained in Vol.
11 of the Philippine Digest. It lists all the citations in the Philippine Reports, the Supreme Court of Spain, the United States
Supreme Court, the other Federal Courts, and the courts of various
states and territories of the United States.
Citations in the decisions of the Supreme Court, Court of Appeals, and Court of Tax Appeals, reported in Vol. 52 of the Official
Gazette are contained in the Citator which forms part of the 1956
Official Gazette Desk Book. For 1959 Supreme Court Decisions,
a citator is offered in Navarrete's Digest-Index. Citations are also
included in each volume of the Philippine Reports.
Citators
They supply references to decisions in which other cases have
been cited, reviewed, affirmed, reversed, overruled, criticized or
commented upon, and to cases in which statutes have been construed, and to statutes in which prior acts have been amended
renewed or repealed.
'
218
B.
Indexes
The word "index" usually means a subject-index which is like
the index found in textbooks, statutes, etc. A subject index is an
alphabetically arranged topical words in which, by means of references under each topic, materials relating to these topics expressed
in appropriate words is digested.
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LEGAL RESEARCH
We have the followingindexes:
(9) Index in the Philippine Permanent and General Statutes - This is found in Vol. V of PPGS.
:
(1) Indexes to the "Public Laws of the Philippine
Islands" - Each volume of the "Public Laws of the Philippine Islands" contains a cumulative index. For this reason it
is sufficient to consult the Index in Volume31 which is the
last volume in the set.
(10) Guevara,Commonwealth Acts Annotated -This
is an index to CommonwealthActs in three volumes.
(11) Jacobo, Public Laws of the Commonwealth This is in 2 volumes.
(12) Guevarra's Annotated Laws - This index to tlhe
old Acts are in 7 volumes.
(13) Philippine Treaties Index- This is an index to
the Philippine Treaty Series, 1946-1982,published by the Foreign Service Institute.
We also have title indexes to cases which may be found
in the following:Philippine Digest, Vols. 18-19; Republic
of the Philippines Digest, Vols.6, 9, 11 and 13; Ateneo de
Manila Libraries' index (covering1911to 1975)of SupreTne
Court Decisions; Milagros Santos Ong's Title Index to Supreme Court Decisions, 1945-1978 with 1978-1982suppilement.
Finally, we have the SCRA Quick-Index, as discussed
(2) Indexes to the Public Laws of the Commonwealth - The "Public Laws of the Commonwealth" contains
a cumulative Index similar to those found in the "Public Laws
of the Philippine Islands."
(3) Laws and Resolutions Index - Each volume of
the "Laws and Resolutions"contains a cumulative index, arranged alphabetically.
( 4) Philippine Annotated Laws (P.A.L.) Index Each volume of the P.A.L.General Law· contains an index in
the back of the volume of the contents of each volume. There
are also separate indexes to the Constitution and to· the Administrative Code.
The last volume contains the General Index of the descriptive word index type, made from line-by-linereading of
the text of the statutes. Topicsand lines are drawn for each
significant term, with particular emphasis on factual terms
and catch words. The General Index covers all the fundamental and controllinglaw, whether it is to be found in the Constitution, in the General Laws, the Rules of Court, or in the Civil
Code,the Penal Code,the Code of Commerce,or the Administrative Code.
(5) Moran, Index to Republic Acts - This is an alphabetically arranged subject index of the enactments of the
Congress of the Philippines.
(6) Myrna S. Feliciano, Subject Index to Presidential Decrees and other Presidential Issuances (until 1978)
- This has one volume with three supplements.
(7) Index Guide of Vital Legal Documents - This
has 25 volumes with a PD guide and subject index prepared
by Malacaiiang for Presidential Decrees.
earlier.
The U.P. Law Library, has it card indexes to legal periodicals.
Bibliographies
A bibliographyis a list of descriptions of published ~at~rials
either relating to a given subject, or by a given author. A bibliography of law books may refer to a ~istof an ~uthor's legal works, or of
the literature bearing on a particular subject or field of law.
C.
We have the followingbibliographies: (1) Philippine Legal
Bibliography by Justice Federico B. Moreno (~973); (2) Handbook on Legal Bibliography by Andres B. Sonano (1984);.(3) A
Guide to Philippine Legal Materials by Fortunato Gupit and
Daniel T. Martinez (1993).
(8) Index of Isabelo C. Moran - This is an index to
the Presidential Decrees;
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officiallyin the Supreme Court Reporter by West
· Publishing Company,and United States Supreme
Court Reports, Lawyer's Edition by LawyersCooperative Publishing.
CHAPTER 8
Decisions of the Court of Appeals
b.
The appellate courts are dividedgeographically
into twelve circuits, plus the U.S. Court of Appeals
of the Federal Circuit. Their decisions are reported
in the Federal Reporter (West Publishing Co.).
RESERCH MATERIALS
IN THE UNITED STATES
Since many of our laws, speciallyin political law and commercial law originated from the American legal system, a good researcher must also research on American legal materials.
Our Supreme Court itself has cited American laws and cases
published in the United States Supreme Court Reports in deciding cases. Also,you can often read citations from the American
Jurisprudence 2nd Ed. and the Corpus Juris Secundum in
the cases reported by the Philippine Reports and SCRA.
Decisions of the District Courts
c.
The general trial courts in the US federal system are the U.S. District Courts. There are ninetyfour districts, with one or more in each State. Their
decisionsare reported in the Federal Supplement
(West).
d.
We must therefore know the basic legal materials published
in the United States.
Reliance on judicial precedent in American jurisprudence is
derived from the commonlaw. Researchers and the courts are expected to turn to established judicial authorities and rules of law
~s the found~tio_n
_for formulating legal arguments and issuing opinions. These Judicial precedents are found in court reports, which
are compilationsof judicially-decidedcases.
This chapter presents the primary sources of U.S. legal materials consisting of case law and statutory law, then the secondary
sources, and finally the finding tools and other legal materials.
CASELAW
1.
Federal Courts Decisions
a.
Decisions of the Supreme Court
The decisions of the United States Supreme
Court are reported in the following publications:
United States Reports (OfficialEdition); and un222
Decisions of Special Federal Courts .
Special federal courts likewise publish their
decisionssuch as the Reports of the United States
Tax Court and Cases Decided in the United
States Court of Claims.
West Publishing also publishes the decisions
of some specialcourts such as the Bankruptcy Reporter and the Veterans Appeals Reporter.
.
A
223
e.
Computerized Legal Research Services
WESTLAWof West Publishing Company and
LEXIS of Mead Data Central, Inc., provide computerized access to the decisions of the U.S. Supreme
Court, Court of Appeals, District Courts, and specialized federal courts.
2. · State Courts Decisions
The different states of the United States publish
officialreports of their courts' decisions, specially the
decisions of their Supreme Court. In New York where
their highest court is called the New York Court of
Appeals, the New York Reports report the decisions
of said Court.
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are also unofficial reports of state courts decommercial publishers. The National Re,,~em, published by West Publishing, divides
r 1~to seven regions and reports the decisions
ellate courts of the different states in each
ther in one series of volumes.
lrLAW and LEXIS can also be accessed for
s decisions.
LAW
.evel
:ral Constitution
Constitution
of the United States of
published by the Library. of Congress contains
e, section and clause of the Constitution and
nents.
Publishing has the United States Code AnConstitution
of the United States Annole Lawyers Cooperative has the United States
'vice, Constitution.
sts of federal court cases interpreting the Con•re contained in the U.S. Supreme Court Di'st and the Digest of United States Supreme
ports of Lawyers Cooperative.
issions on constitutional issues may be conthe Annotations in the A.L.R. Federal, U.S.
Court Reports, Lawyers Edition.
~TLAW and LEXIS can be accessed for the text
istitution and its amendments.
eral Statutes
laws, both public and private, passed by the
zress are first published as slip laws, the first
xt of the new law, by the government and by
al publishers.
se laws are cumulated in bound volumes as the
tatutes at Large for the session. West pub-
225
lishes the United States Code Congressional
and
Administrative News which contains the complete text
of all public laws.
The United States Code which arranges the public laws by subject into forty-eight titles, is the official
subject compilation of federal statutes. Twenty-Two titles
have been reenacted as positive law, becoming their authoritative text. The remaining titles are merely prima
facie evidence of the law as the Statutes at Large remains the authoritative source for them .
West publishes the United States Code Annotated
(USCA) while Lawyers Cooperative publishes the United
States Code Service (USCS), both annotating the U.S.
Code.
WESTLAW and LEXIS provide access to the text
of the United States Code which contains all federal
public laws.
c.
Federal Administrative
Regulations
The annual United States Government Manual
provides the structure and functions of the executive
branch and federal agencies of the United States .
Administrative regulations to have general legal effect must be published in the Federal Register, which
can be accessed through WESTLAW and LEXIS.
The Code of Federal Regulations
(CFR) contains the executive and administrative regulations as
taken from the Federal Register and arranged by subject in fifty titles, mainly carrying the U.S. Code titles
to which they relate. The CFR can be accessed through
the WESTLAW and LEXIS.
d.
Federal Administrative
Decisions
Federal agencies, with quasi-judicial powers, render
decisions which are published. An example is the CCH
Trade Regulation Reporter which contains the decisions of the Federal Trade Commission. Decisions of major federal agencies can be accessed through WESTLAW
and LEXIS.
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226
e.
RESEARCH MATERIALS
Most of the states issue subject compilations of their
administrative regulations. WESTLAWand LEXIS provide access to state administrative codes and registers.
Executive Documents
The Federal Register, as earlier mentioned, contains executive orders and proclamations of the President. The USSCAN and USCS Advance also includes
them. They can also be accessed through · WESTLAW
and LEXIS.
.
The Presidential messages to Congress are published
in the. Congressional Record.
Executive Agreements are published in the official
U.S. Treaties and Other International Agreements.
2.
STATE LEVEL
1.
State Constitutions
The' text of a state constitution is usually found in
the constitution volume of the state code.
The State Constitutional Committees, Commission and Amendments, a microfiche collection of the
Congressional Information Service, is a comprehensive
source of documents for the fifty states.
The text of the federal constitution as well as that
of the fifty states and all U.S. territories are published in
the Constitutions of the United States: National and
State, by Columbia University.
2.
State Statutes
Each state has a publication of the laws enacted by
its legislature, such as Statutes of California and ActS
of Alabama.
227
State agencies with quasi-judicial powers, render
decisions which are· also published in official form.
In the municipalor local level, administrative regulations and decisions are rarely published.
C.
SECONDARYMATERIALS
1.
Digests
These are publications reprinting in a subject arrangement the Headnote summaries of the points of law
of each case reported.
a.
West's Key-Number Digests
West's National Reporter System is a series of
publications of appellate court decisionsin the U.S. Short
abstracts for every significant point of law discussed in
each case in the West reporters appear as headnotes of
the decision. These headnotes are then reprinted in a
Key Number Digest in front of the advance sheet and
cumulated at the end of the bound volume. These
headnotes are then arranged by key number and West
reprints them in multi-volume digest series.
West's Key Number Digests contains over 400 topics, arranged alphabetically from Abandoned and Lost
Property to Zoning and Planning.
WESTLAW and LEXIS provide the texts of the
laws of every state and also the state codes of all fifty
states.
The General Digest, which publishes the headnotes
preceding the text of the decisions in all the West reporter advance sheets, is the most current component of
West's comprehensive series of digests, the American
Digest System.
3.
b,
State and Local-Admirristrative Laws, Regulations and Decisions.
The Book of the States by the Council of State
Governments, provides basic information on government
operations in each of the fifty states.
Regional Digests
Smaller digests coveringthe decision of smaller geographical or jurisdictional units are also published by
West. There are digests for four of the regional reporter
series namely: Atlantic, North Western, Pacific and
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LEGAL RESEARCH
louth Eastern. There are also separate digests for each
5.
Treatises and Textbooks
Legal scholars and practitioners write on substantive and procedural law.
Examples of treatises and textbooks are the multivolume scholarly surveys of particular fields in depth
(e.g., Corbin on Contracts and Wigmore on Evidence)
and hornbooks and student texts (e.g., Henkin, Pugh,
Schachter and Smit on International Law; Ginsburg,
Goldberg and Greenbaum on Trademark and Unfair
Competition Law; and Jennings, Marsh, Jr. and Coffee, Jr. on Securities Regulation). WESTLAW and
LEXIS also provide access to the treatises and textbooks.
6.
Restatements of the Law
Comprehensive commentaries on American law are
found in the series called Restatements of the Law.
Prepared by the American Law Institutes, these texts
attempt to organize and articulate the rules ofAmerican
common law. They are often persuasive in the courts
because their reporters are well known scholars and Inelude outstanding members of the judiciary.
tate.
.
West's Federal Practice Digest 4th, contains diests for federal court decisions.
.
Di.gests of US Supreme Court decisions are pub~shed m U~ited States Supreme Court Digest by
,~est,and.~mted States Supreme Court Digest, Lawers Edition, by Lawyers Cooperative.
mnotations
The~e are encyclopedicessays which discusses and
.nalyzes m depth, particular points of law.
The Americ~ L~w ~ports (A.L.R.), published
1Y lawyers Cooperative identifies points oflaw not previ:usly. re~olved or that i.ndicate a change in the law; or
hat mdicate an emergmg trend; in legal thinking th t
varrant annotations. It then selects and reports one co~1em~orary case representative of that legal issue coliects. all r~l~vant cases and uses them in providing a
letailed critique of that point of law to be annotated.
Ai:, envisaged by the founders of the American Law
.• egal Encyclopedias
Institute, the aims of the restatements are:
.
These are works that explain systematically the enire body of legal doctrine, in an alphabetical arrangenent of articles.
(1) To state the existing law as developed by the
courts with such care and accuracy that courts and lawyers may rely upon the Restatement as a correct statement of the law as it now stands; and
(2) 'lb express the principle oflaw stated with clarity and precision.
The Restatements cover ten specificfields: agency,
conflict of laws, contracts, foreign relations law, judgments, property restitution, security, torts, and trusts .
They are divided into sections, each of which contains a
basic "black letter" statement oflaw, followedby explanatory comments and illustrations of particular examples
and variations on the general proposition.
~est's Co~us Juris Secundum and Lawyers Co~?erative American Jurisprudence 2d, are two na.ional legal encyclopedias which alphabetically arranges
1~er four hundred broad legal topics, explaining the bane concepts and terminology that underlie a field of law
iupported by court decisions cited in its numerous footiotes,
.,
CJS and AmJur 2d have often been cited by the
supreme Court of the Philippines.
Word and Phrases
Courts frequenti; define the meaning of certain
N~~ds and phrases. Headnotes that contain judicial defi-
aitions
ul · 1 are reprinted in Words and Phr ases, a
n . tivo ume set co?-t~°:1ngapproximately 500,000alphaoetically-arrangedjudicial definitions, published by West.
7.
Periodicals and Indexes
Legal periodicals analyze and criticize a particular
topic in an in-depth manner. They have extensive foot-
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RESEARCH MATERIALS
LEGAL RESEARCH
lections of essays from countries outside the commonlaw
system.
The Indexes to Periodical Articles Related to
Law indexes law-related articles in journals and periodicals outside the legal field.
provide access to the text
WESTLAWand L~S
of thousands of legal periodical articles.
note references to other sources. They keep researchers
current in developingareas of the law.
Laws reviews are published virtually by all accredited law schoolsas training grounds for students-editors.
They contain articles by established scholars and student-written commentsand case notes. Examplesare the
Columbia Law Review, Harvard Law Review, Yale
Law Journal and the Michigan Law Review.
8.
There are also faculty-edited reviews such as the
American Journal of Legal History, The Journal of
Legal Studies, and Law and History Review.
Most national and state bar associations publish
periodicals such as the A.B.A. Journal or the Record
of the Association of the Bar of the City of New
York.
There are two weekly legal newspapers that are
national in scope, the Legal Times and National Law
Journal. There is also the monthly publicationAmerican Lawyer. In some cities, there are newspapers devoted to legal affairs such the New York Law Journal
and the Los Angeles Daily Journal.
Commerciallypublished topical newsletters issued
weekly or monthly focus on the most recent trends of
law. Legal Newsletters in Print of Infosources contains a Title list of over 1,400 newsletters with descriptions, subscriptions information, and a subject index.
There are two general indexes to English-language
legal periodicalliterature.
The first is Index to Legal Periodicals (ILP),
which began publication in 1908. It indexes over 500
legal periodicalsby subject and author.
The other which began publicationin 1980,is issued
in several formats under various names: Current Law
Index, Legal Resource Index (LRI), and Legal Trac.
It has more than 700 legal and law-related periodicals,
using detailed Library of Congresssubject headings.
The Index to Foreign Legal Periodicals started
in 1960 has more than 300 periodicals and selected col-
231
D.
Law Dictionaries
These dictionariesdefine words in their legal sense
or use. For each word or phrase a short definition is
given. Among the well known law dictionaries are:
Black's Law Dictionary, of West; Ballentine's Law
Dictionary, with Pronounciatiohs, of Lawyers Cooperative; and Bouvier's Law Dictionary and Concise
Encyclopedia of West, reprinted in 1984 by William S.
Hein & Co., Inc.
FINDING TOOLS AND'OTHER MATERIALS
1.
Citators
A citator is a finding tool that provides the subsequent history of reported cases and lists of cases and
legislative enactme~ts construing, applying or affecting
statutes.
Shepard's Citations published by Shepard's
McGraw-Hill,lists virtually every published case by citation, in both officialand unofficial reporters, and then
list under its citation every subsequent case that has
cited the case in question.The process ofupdating a case
through this method is referred to as Shepardizing.
Shepard's Citations for cases provide a means to
verify the current status of a case to determine if it is
still goodlaw or has been reversed, overruled or otherwise diminished.
WESTLAWand LEXIS provideaccessto Shepard's
Citations.
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232
2.
Law Directories
The M~incJ:tl~·Hubbell Law Directory provides
a comprehensivehstmg of lawyers in all U.S. States and
some foreign countries.
3.
BIBLIOGRAPHY
Formbooks
Formbookscontain sample forms of standard legal
documents and instruments.
Philippine Materials
Balane, Ruben F., The Spanish Antecedents of the
Philippine Civil Code, QuezonCity: U.P. Law Center, 1979.
A.
Lawyers C~operativehas two sets; Am. Jur. Legal
Forms 2d provides forms of instruments such as contracts,. leases, and wills, while Am. Jur. Pleading and
Prac~1ce Forms focuseson litigation and other practice
plea~mgs before courts and administrative agencies.
West~ Legal Forms (2d ed.) includes in one set both
practice forms and instruments.
Feliciano, Myrna S., Philippine Manual on Legal Citations, Quezon City: UP Law Complex,1999.
Francisco,VicenteJ., Legal History, Manila: East Publishing, 1951.
Gupit, Jr., Fortunato and Martinez, Daniel T., A Guide
to Philippine Legal Materials, Manila: Rex Book Store,
Federal Procedural Forms, Lawyer's Edition
and West's Federal Forms provide forms used in federal practice.
·
1993.
Moreno,Federico B., Philippine Legal Bibliography,
QuezonCity Filipino Publishing Co., Inc., 1973.
(Sources of this Chapter: Jacobstein, J. Myron,
Mersky,RoyM., and Dunn, Donald, J., Legal Research
lliustrated, NewYork:The Foundation Press, Inc., 1994;
Cohen, Mo~s L., and Olson,Kent C., Legal Research,
St. Paul, Mmnesota, West Publishing Co., 1992· and
Ro~bau~r, Marjorie Dick, Legal Problem Solving, St.
Paul, Mmnesota:West Publishing Co., 1991.)
Pascual, Crisolito,Introduction to the Study of Law,
Manila: G. Rangel & Sons, 1951.
Rodriguez,Rufus B., Constitutionalism in the Philippines, Manila: Rex BookStore, 1997.
_______
,Introduction to Law, Manila: Rex
BookStore, 2001.
_______
, The History of the Judicial System of the Philippines (Spanish Period, 1565-1898), Manila: Rex Book Store.
Soriano, Arturo B., Handbook on Legal Bibliography,
Manila: Premium Book Store, 1984.
-oOo-
B.
United States Materials
Cohen, Morris L., and Olson, Kent C., Legal Research
(in a nutshell), St. Paul, Minnesota: West Publishing Co.,
1992.
233
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LEGAL RESEARCH
Jacobstein, J. Myron, Mersky, Roy M., and Dunn, Donald
J., Legal Research lliustrated, New York: The Foundation
Press, Inc., 1994,
Rombauer, Marjorie Dick, Legal Problem Solving, St.
Paul, Minnesota: West Publishing Co., 1991.
Shapo, Helene S., Walter, Marilyn R., and Fajans, Elizabeth, Writing and Analysis in the Law, New York: The
Foundation Press, Inc., 1991.
Vance, John Thomas, The Background of HispanicArnerican Law, Washington, D.C.: The Catholic University
of America, 1937.
~
.
~:
ff,
J_
(
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