ATTY. LUANSING NOTES | LEGAL RESEARCH 1st Semester, 2019-2019 | UST representation. I. Introduction To uphold the standards of the legal profession DEFINITION OF LEGAL RESEARCH: - - - - It is a systematic, empirical, and critical investigation of legal authorities to support a legal issue or fact, or even support court decisions. It is the process of finding the law, rules and regulations that govern activities of human society. It is also defined as the investigation for information necessary to support legal decision making. (Rodriguez, 2002) Legal research is generally the process of finding an answer to a legal question or checking for legal precedent that can be cited in a brief or at trial. Sometimes, legal research can help determine whether a legal issue is a "case of first impression" that is unregulated or lacks legal precedent. Virtually every lawsuit, appeal, criminal case, and legal process in general requires some amount of legal research. Legal research is the search for authority that can be applied to a given set of facts and issues. Legal research and analysis involve determining how the law applies to the facts of the case, which in turn requires knowledge of what the law is, how to find it, and the general principles that govern its application (Putman, 2004) NEED FOR LEGAL RESEARCH: In order to provide a competent representation which requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the In order to become a competent practitioner In 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 CASES: Marcos v. Manglapus, 177 SCRA 668 Republic vs Manalo, G.R. No. 221029 De Roy vs. Court of Appeals, 157 SCRA 757 Re Subpoena Duces Tecum Dated 11 Jan 2010 of Acting Director – Aleu A. Amante, PIAB-C, Office of the Ombudsman, 614 SCRA 1 LEGAL RESEARCH - It is a systematic, empirical, and critical investigation of legal authorities to support a legal issue, facts, or even support court decisions. a. SYSTEMATIC: Step by step process b. EMPIRICAL: Data-collection c. CRITICAL INVESTIGATION: Search for truth ATTY. LUANSING NOTES | LEGAL RESEARCH 1st Semester, 2019-2019 | UST LEGAL AUTHORITY: - - - Authority that will aid in finding a solution to a legal problem Is any published source of law that presents the legal rules, legal doctrine, or legal reasoning that may be used as the basis for legal decisions. Authority also includes the weight or degree of persuasiveness of the legal information. There are two categories of legal authority: primary or secondary. Could either be law or court decisions. Primary Legal Authorities o Are authorized statements of law issued by governmental bodies. o Mandatory or Persuasive o For which the court must rely on. Judicial decisions can be considered as primary legal authority if it becomes final and executory o Has a binding effect o Examples: Constitution and Statutes (Legislative Branch) Cases (Judicial Branch) Treaties, Executive Orders, Administrative Rules and Regulations, Ordinances (Executive Branch) Secondary Legal Authorities o Are descriptions of, or commentary on, the law which the court may consider. o Has no binding effect, but merely persuasive. o Examples: Law review Articles Treatises Restatements of the Law Legal Encyclopedias PRIMARY LEGAL AUTHORITIES 1) Laws – (1) Constitution -> (2) Statutes -> (3) Quasi-legislative 2) Court Decisions – (1) Supreme Court Decisions - > (2) CA -> (3) RTC -> (4) MTC - > (5) Quasijudicial bodies 3 STEPS IN DETERMINING BINDING/PRIMARY AUTHORITIES 1) Identify first all related laws governing the legal issue 2) Identify the elements of laws being cited 3) Apply all the elements of the law or legal authorities to your case. 1. Sources of Authorities a. b. c. d. e. Legislature Supreme Court Administrative Bodies Local Government Units President 2. Sources of Legal Research Legal research involves the use of a variety of printed and electronic sources. ● Printed sources: - Constitution - Statutes - Court decisions - Administrative rules - Scholarly commentaries ● Computer databases containing these and other materials have dramatically changed the nature of ATTY. LUANSING NOTES | LEGAL RESEARCH 1st Semester, 2019-2019 | UST legal research and improved its effectiveness. b. Horizontal Stare Decisis: Higher courts must follow its own precedents (Policy) - Constitutional Stare Decisis are judicial interpretations of the Constitution; while, Statutory Stare Decisis are interpretations of statutes 3. Binding Effects a. Binding/Mandatory: When it comes from the decisions of Supreme Court and it is the ratio decidendi of the case b. Persuasive: if the dicta comes from a respected justice, it may be persuasive to the Court. Persuasive authority can come from decisions of appellate courts in other jurisdictions. - 4. Stare Decisis - - - - The principle that the decisions of a court are a binding authority on the court that issued the decisions and on the lower courts for the disposition of factually similar controversies. Stand on what has been decided Binding precedent, all subsequent decision must follow such precedent “Adherence to precedents”, states that once a case has been decided one way, then another case, involving exactly the same point at issue, should be decided in the same manner. NOTE: Supreme Court is not bound by this doctrine because it can overturn precedents. KINDS of Stare Decisis: a. Vertical Stare Decisis: Duty of lower courts to apply the decisions of the higher courts to cases involving the same facts. (Obligation) Importance of Precedents: The importance of precedent is summed up in the words of Lord Gardiner in London Tramways Co. vs. London City Council where he said, '... [justices] regard the use of precedent as an indispensable foundation upon which to decide what is the law and its application to individual cases. It provides at least some degree of certainty upon which individuals can rely in the conduct of their affairs, as well as a basis for an orderly development of legal rules'. Certainty leads to stability, and it is of the foremost importance in creating order in society. 5. Pacta Sunt Servanda - - - Pacta sunt servanda (Latin for "agreements must be kept"), a brocard, is a basic principle of civil law, canon law, and international law. It does not bind if the agreement entered is in defiance of the constitution. In its most common sense, the principle refers to private contracts, stressing that contained clauses are law between the parties, and ATTY. LUANSING NOTES | LEGAL RESEARCH 1st Semester, 2019-2019 | UST - implies that nonfulfillment of respective obligations is a breach of the pact. The pacta sunt servanda rule has become part of the law of the land through the incorporation clause found under Section 2, Article II of the 1987 Philippine Constitution, which states that the Philippines "adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations." 6. Res Judicata - a matter adjudged, judicially acted upon or decided, or settled by judgment. It provides that a final judgment on the merits rendered by a court of competent jurisdiction is conclusive as to the rights of the parties and their privies; and constitutes an absolute bar to subsequent actions involving the same claim, demand or cause of action REQUISITES a. The former judgment must be final b. The court that rendered it had jurisdiction over the subject matter and the parties c. It is a judgment on the merits (rendered after consideration of evidence and stipulations); and d. There is - between the first and the second actions – an identity of parties, subject matter and cause of action. - 2 Sub Categories: a. Bar: a losing plaintiff cannot re-sue a winning defendant on the same cause of action b. Merger: a winning plaintiff cannot re-sue a losing defendant on the same cause of action Res Judicata and Stare Decisis affects the former to the settlement of the immediate controversy and the latter to the impact of the decision as precedent DEFINING LAW Hierarchy of Laws 1. Constitution 2. National Laws – Statutes (Legislative Enactments) 3. International Laws 4. Administrative Rules and Regulations 5. Ordinances Definition of Law: A rule of conduct, just and obligatory, promulgated by legitimate authority for the common observance and benefit Characteristics of Law 1. Rule of Conduct: guidelines of what to do or not to do; just and obligatory; imposes a duty to obey 2. Promulgated by legitimate authority: by the legislature 3. Common observance and benefit: observed by all for the benefit of all ATTY. LUANSING NOTES | LEGAL RESEARCH 1st Semester, 2019-2019 | UST On the other hand, the sources of laws are: a. Primary Sources: recorded laws and rules which will be enforced by state (pure laws) First major category - Legislative actions - Codes - Statutes Secondary major category - Judicial decisions - Supreme Court - Court of Appeals - Trial Courts (RTC, MTC, MCTC) Third major category - 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 “quasi-judicial” capacity by conducting hearings and issuing decisions to resolve particular disputes b. Secondary Sources: publications that discuss or analyze legal doctrine - Treatises - Commentaries - Encyclopedias - Legal writings - Academic Journals - IBP Journal - Lawyers Review Effectivity of Laws Laws shall take effect after fifteen days following the completion of their publication either in the Official Gazette, or in a newspaper of general circulation in the Philippines, unless it is otherwise provided [New Civil Code (NCC), Art. 2, as amended by EO 200)]. Effectivity depends on whether or not the law has provided a specific date for its effectivity: 1. If date is specified– Upon the lapse of the said period following its complete publication and not before. 2. If no date is specified– 15-day period, which may either be on the 15th or on the 16th day depending on the language used by the Congress in fixing the effectivity date of the statute (Rabuya, 2009). a. 15th day -Ifthelawdeclares thatit shallbecome effective “15 days after its publication” b. 16th day - If the law declares that it shall be effective “after 15 days following its publication” 3. If the law provides for immediate effectivity or upon approval – It is effective immediately after its complete publication and not after signing by the President. 4. If the law is voluminous– Reckoning shall begin from the release of the last of the series. “Unless it is otherwise provided” provision on effectivity of laws The clause "unless it is otherwise provided" refers to the date of effectivity and not to the requirement of publication itself. The requirement of publication may not be omitted in any event. This clause does not mean that the legislator may ATTY. LUANSING NOTES | LEGAL RESEARCH 1st Semester, 2019-2019 | UST make the law effective immediately upon approval, or on any other date without its previous publication. 4. Interpretative regulations regulating only the personnel of administrative agency. Publication requirement Where to publish Publication is indispensable in every case, but the legislature may in its discretion provide that the usual fifteen-day period shall be shortened or extended (Umali v. Estanislao, G.R. No. 104037, May 29, 1992; Tañada v. Tuvera, G.R. No. L63915, December 29, 1986). 1. Official Gazette; or Publication must be in full or it is no publication at all since its purpose is to inform the public of the contents of the law. The mere mention of the number of the presidential decree, the title of such decree, its whereabouts, the supposed date of effectivity, and in a mere supplement of the Official Gazette cannot satisfy the publication requirement. This is not even substantial complaince. - An Act is a written law formally passed by the legislative power of a state. Indispensability of publication GR: All laws are required to be published in full. NOTE: The reason for this rule is that the basic constitutional requirement of due process must be satisfied. (Rabuya, 2009).Without such notice and publication,there would be nobasis for the application of the maxim ignoratia legis non excusat (Rabuya, 2009). XPNs to the Publication Requirement: O-R-L-I 1. Municipal Ordinances (governed by the Local Government Code); 2. Rules and regulations which are internal in nature; 3. Letters of Instruction issued by administrative supervisors on internal rules and guidelines; 2. Newspaper of general circulation in the Philippines Classification of Laws a. Acts or Public Acts (1900-1935) b. Commonwealth Acts (1936-1946) - Legislative Acts passed by the legislature established by virtue of the 1935 Constitution: first the National Assembly, then the Congress of the Philippines. Beginning July 4, 1946, with the restoration of the independence of the Philippines, the legislative acts of Congress became known as Republic Acts. c. Republic Acts (1946-1972) - A piece of legislation used to create policy in order to carry out the principles of the Constitution. It is crafted and passed by the Congress of the Philippines and approved by the President of Philippines. It can only be repealed by a similar act of Congress. d. Presidential Decrees (1972-1986) - Presidential Decrees were an innovation made by President Ferdinand E. Marcos with the proclamation of Martial Law. They served to arrogate unto the Chief Executive the lawmaking powers of Congress. Only President Marcos issued Presidential Decrees. In the Freedom ATTY. LUANSING NOTES | LEGAL RESEARCH 1st Semester, 2019-2019 | UST Constitution of 1986, President Corazon C. Aquino recognized the validity of existing Presidential Decrees unless otherwise repealed. systematic bibliography, which results in an overview of publications in a particular category, and analytical or critical bibliography, which studies the production of books (Peters, 1977). e. Batas Pambansa (1984-1986) - Legislative Acts of the legislature established by virtue of the 1973 Constitution: first the Interim Batasang Pambansa, then the Regular Batasang Pambansa. The Batasang Pambansa was abolished with the assumption of revolutionary powers by President Corazon C. Aquino and the promulgation of the 1986 Freedom Constitution. However, Article IV of the 1986 Freedom Constitution recognized the validity of Batas Pambansa unless otherwise repealed or amended. f. Executive Orders (1986-1987) - “Acts of the President providing for rules of a general or permanent character in implementation or execution of constitutional or statutory powers shall be promulgated in executive orders.” Administrative Code of 1987, Book III, Chapter 2, Section 2. LEGAL BIBLIOGRAPHY - KINDS OF BIBLIOGRAPHY According to Belanger (2003), the two main sorts of bibliography are: Enumerative Bibliography - - g. Republic Acts (1987-Present) LEGAL BIBLIOGRAPHY BIBLIOGRAPHY - - A list of descriptions of published materials either relating to a given subject, or by a given author. A bibliography of law books may refer to a list of an author’s legal works, or of the literature bearing on a particular subject or field of law. In its most general sense is the study and description of books. It can be divided into enumerative or Is the science that deals with the description of law books and other legal materials. The listing of books according to some system or reference plan, for example, by author, by subject, or by date. The implication is that the listings will be short, usually providing only the author’s name, the book’s title, and date and place of publication. Enumerative bibliography (sometimes called systematic bibliography) attempts to record and list, rather than to describe minutely. Little or no information is likely to be provided about physical aspects of the book such as paper, type, illustrations, or binding. A library’s card catalog is an example of an enumerative bibliography. Annotated Bibliography - Is a bibliography that gives summary of the research that has been done. It is still an alphabetical list of research sources. In addition to bibliographic data, an annotated ATTY. LUANSING NOTES | LEGAL RESEARCH 1st Semester, 2019-2019 | UST - - - bibliography provides a brief summary or annotation. An annotated bibliography is a list of citations to books, articles, and documents. Each citation is followed by a brief (usually about 150 words) descriptive and evaluative paragraph, the annotation. The purpose of annotation is to inform the reader of the relevance, accuracy and quality of the sources cited (Cornell University Library). This is an organized list of sources (references cited), such as books, journals, newspapers, magazines, Web Pages, etc., each of which is followed by an annotation or description of each item (University of Minnesota Crookstone). Cases 1) Marcos v. Manglapus o Residual power of the President o Can the SC review the acts of the President? o Separation of powers between the judiciary and the executive o The SC can review the acts of the executive since there judicial question raised: whether right to return home is a constitutionally guaranteed right. 2) De Roy o Non-publication of court decisions o Publication applies only to laws; judicial decisions form part of the laws of the land o Need not published in OG or NGC because while it is an application of a law, the decision is of limited application (such as to similar facts and issues) and is of limited concerns (private individuals or parties involved). 3) Ting v. Velez-Ting o Stare Decisis o Elements of Stare Decisis 4) Phil Farming o Res judicata o ELEMENTS: 1. Competent Jurisdiction 2. If it is judged by its merit 3. Same identity of parties, subject matter, and cause of action o REASON: 1. To save costs 2. To avoid embarrassment between courts RES JUDICATA 1. Court of Competent Jurisdiction 2. Same facts, same action, same parties 3. The court has decided in finality. IMPORTANCE: 1. The case cannot be re-litigated again, thus reducing court dockets. 2. To save costs 3. It will save the judges from embarrassment. BORRA v. HAWAIAN CORP - Res Judicata Forum Shopping: no final decision, but you keep on filing it ATTY. LUANSING NOTES | LEGAL RESEARCH 1st Semester, 2019-2019 | UST on different courts to get a favorable decision. ELEMENTS OF FORUM SHOPPING: 1. By filing multiple cases based on the same cause of action with the same prayer, the previous case not having been resolved yet (ground for dismissal is litis pendentia) 2. By filing multiple cases based on the same cause of action with the same prayer, the previous case having been finally resolved (where the ground for dismissal is res judicata) 3. By filing multiple cases based on the same cause of action but with different prayers (splitting of causes of action, where the ground for dismissal is also either litis pendentia or res judicata) CONSTITUTION - Supreme law of the land. Can a state exist without it? YES PURPOSE 1. Guides relation of the state and the people, etc. 2. Defines the power and limitation of the branches of the government. TYPES OF CONSTITUTION 1. Codified v. Uncodified: codified are written constitutions while uncodified form part of the law of the land because it has been passed down from generation to generation. 2. Flexible v. Inflexible: Flexible can be easily amended, in contrast with the latter. The Philippine Constitution is an inflexible constitution. 3. Monarchial v. Parliamentary: amendment for monarchial constitution is vested only to a limited high class of people, while the latter is elected by the people. PHILIPPINE CONSTITUTION 1. Malolos Constitution o Treaty of Paris o Unicameral legislative; rights were given to people 2. 1935 Constitution o Also called as the commonwealth constitution o Constitution under US imperialism o Bicameral Congress o Bill of Rights 3. 1973 Constitution o Declared by Marcos due to alleged lawlessness in the country o Unicameral o Presidential Decrees o Batasang Pambansa (National Assembly) o BP acts REVOLUTIONARY GOVERNMENT - Corazon Aquino issued Executive Orders at this time 4. 1987 Constitution o Created Sandiganbayan (a special court where public officials can be tried for graft and corruption) o Will be prosecuted by the Ombudsman o Constitutional Bodies: CSC, COMELEC, COA (where their functions ATTY. LUANSING NOTES | LEGAL RESEARCH 1st Semester, 2019-2019 | UST cannot be interfered by other bodies) President Duterte entered in agreement with China to explore WPS. However, resources found should be 50/50 because we don’t have expertise. Is it constitutional? - NO. Resources of the Philippine are reserved for Filipinos. Only 60/40 split of contract between Filipino and foreigners are allowed. Even if 100% Filipino crews explore the WPS, but the said resources will be owned by China, it is still void. LOCUS STANDI: you can file a case because you are directly affected. You have the rights to file action. - Chinaman cannot file before our courts to compel the government of the Philippines to honor the treaty mentioned above because our courts has no jurisdiction over him. Right to travel is granted as a GENERAL RULE, but with the following XPNs: 1. If it is against the national security 2. If it is against the public policy 3. If it is against the public health. PH is a signatory of ASEAN. SC Declared that Singaporean lawyers cannot practice here. Can you, as a Singaporean, invoke that the international treaty is more supreme than our constitution? - NO. The constitution is far more supreme, and anything entered in violation of it is not binding to the Philippines. The President, who entered the treaty and the Senate which ratified it, are instrumentalities only of the state fir which their power emanates from the constitution. Thus, they cannot violate the constitution. Throughout history, the Philippines had 6 constitution. But only 4 are official. 1. MALOLOS CONSTITUTION - Was enacted and patterned with French constitution - Unicameral - Civil, political, natural rights - Bill of rights - Protection of life, liberty, and property - Right against self-incrimination - Freedom from religious belief 2. 1935 Constitution - 10 years under the supervision of the Americans - Commonwealth Government - Democratic/Republican government - Strengthened Bill of Rights - Miranda Doctrine - Right to suffrage - COMELEC was created - Suspended during the Japanese occupation. 3. - 1973 Constitution Parliamentary Controlled by the Prime Minister PD comes from the PM PM: controls everything Unicameral congress, called Batasang Pambansa - Called as Assemblymen - All laws from National Assembly were called BP - The reason why Martial Law was declared was to vest military power - 1983 Snap elections 4. FREEDOM CONSTITUTION ATTY. LUANSING NOTES | LEGAL RESEARCH 1st Semester, 2019-2019 | UST 5. - - Revolutionary Government Cory issued Eos 1987 Constitution Strengthened the anti-graft and corruption campaigns through the establishment of Sandiganbayan Ombudsman was established Creation of 3 Constitutional Bodies which have their own independence. President can’t appoint all the commissioners. 1. COA 2. COMELEC 3. CSC They worked as a collegial body, with a 7-5-3 terms. - Separation of powers Checks and balances EX: 1. Legislative enact laws 2. Executive veto/approves 3. Judiciary review by certiorari LOCUS STANDI: a person can file before the courts if he has material interests or if he is directly affected by something. Hierarchy of Laws: 1. Constitution 2. Statutes 3. Ordinances/Administrative/Implem enting Rules and Regulations WHEN THE LAW LOSES ITS EFFECTIVENESS: 1. Repeal 2. Declaration of unconstitutionality SC: Can review the acts of other instrumentalities of the state if there is a grave abuse through judicial power. DEMOCRATIC: because the sovereign power rests in the people REPUBLICAN: because people are represented. ELEMENTS OF THE STATE 1) Territory GR: Political rights can only be exercised by those within the Philippines XPNS: a. If you are a public official and you are performing official duties b. If the Presidents or any public official enter into treaties abroad c. Absentee voting (not in the constitution, but was added in the Omnibus Election Code) d. XPNs of Art 2, RPC e. Crimes connected through the internet f. AMLA g. Nationality principle (New Civil Code) Lex loci celebrationis Lex rei sitae rules applies in the Philippines - Even if a Filipino is in the US and has property there, his property will be governed by Philippine laws Constitutional mandate of Separation of the Church and the State - Supposed that for the 160th Anniversary of INC Foundation, the government allocated 100 million for tourism purposes. Is it constitutional? o No, it is unconstitutional. The law favors one sect or religion. ATTY. LUANSING NOTES | LEGAL RESEARCH 1st Semester, 2019-2019 | UST LOCUS STANDI of a minor as a taxpayer; they have locus standi because the law does not require age requirements. REPUBLIC v. PRIETO IFURUNG v. MORALES - Ombudsman and Constitutional Commissions are the same only with respect with their rank and salary. WHAT ARE THE EXEMPTIONS WHEN THE CASE CAN BE DIRECTLY FILED TO THE SUPREME COURT: 1. Question of provision of constitution 2. Transcendental importance 3. Case of first impression 4. If the matter is best decided by the SC 5. There’s no other plain and speedy remedy 6. If the case involves public justice, public welfare The state is supreme than the government because the latter is only one of the elements of the state. POWERS OF THE STATE 1. Police Power 2. Taxation 3. Power of Eminent Domain The state do not need enactments to exercise police power because it is inherent to the State. Can Taguig implement an ordinance which would regulate the closing of bars at 12 am? Is that a valid exercise of police power. In the case of Chavez v. Romulo, it was discussed how police power can be validly exercised. VALID EXERCISE OF POLICE POWER 1. It should be for public welfare, and it should not single-out a class, individual, or group. 2. The means employed is reasonable, not harsh and oppressive. If there is a law regulating that people should have first a parking space before buying cars. Otherwise, the car will be confiscated. Is it a valid exercise of police power? - No. Because the penalty imposed is unjust, that is the immediate confiscation of the car. It is against property rights of an individual. There is a law in the Philippines prohibiting lavish lifestyle because poor people would like to imitate it. Is it constitutional? - No, because it singles-out a particular class or group. A law was passed prohibiting toy stores from selling toy guns to boy kids in order to curb criminality. Is it constitutional? - No. It is unconstitutional. It singles-out a particular class, which is the toy gun manufacturers. It violates the property rights of the manufacturers. Police power is inherent to the state. Constitution is considered to be organic. The legislative has the power to exercise the police power. Executive enacts these laws. Principle of delegated power. Provisions of the Consti Congressional enactments Administration/Implementation by the Executive. ATTY. LUANSING NOTES | LEGAL RESEARCH 1st Semester, 2019-2019 | UST A law was enacted prohibiting private individuals to buy cars if they don’t have parking space. Is it a valid exercise of power? ANS: Yes. On the same facts, but with the proviso that cars will be confiscated, owners will be fined, and jailed. Is it a valid exercise of police power? In this case, the law is not prejudicial to the accused. MMDA Case - Ultra Vires: without legal basis Ultra vires was committed by Gloria in delegating the police power to the MMDA, which she should have delegated to the DOTC. ANS: No. It is oppressive. EX POST FACTO LAW 1. Makes an act criminal, although at the time it was committed it was not punishable, and punishes such act. 2. A law which aggravates or increase the penalty of the crime imposed to the person who is already serving his sentence. 3. A rule or law which lessens the quantum of evidence needed to convict the accused, to his prejudice. 4. A law which deletes or divests the protection of law granted to the accused, to his prejudice. BILL OF ATTAINDER: A bill of attainder is a law which inflicts judgment without due process or judicial trial. A law was enacted to legalize marijuana. However, a person has been convicted before for the violation of Anti-Dangerous Drugs Acts for the use of marijuana. It is an ex post facto law? ANS: No. It is not an ex post facto law. An ex post facto law has the following requisites: 1. It must be penal in nature 2. It must have retroactive effect. 3. It is prejudicial to the accused. STATUTES 1. Definition of Statutes Statute: the written will of the legislature solemnly expressed according to the form necessary to constitute it as the law of the state. 2. Classes of Statutes a. Constitution THE PHILIPPINE CONSTITUTION – “law” and law of the highest authoritativeness and obligation. As “supreme law of the land”, it is the ultimate authority to which reference must be made to determine the validity of national laws, administrative regulations, local ordinances and executive actions. b. Treaty c. Statutes Proper - Parts: o Title of Statute- “An Act...”, brief summary of its contents Lidasan v. COMELEC, 21 SCRA 496 (1967) o Preamble- explains the reason for its enactment and the objects ATTY. LUANSING NOTES | LEGAL RESEARCH 1st Semester, 2019-2019 | UST sought to be accomplished. “whereas.” Helpful in the interpretation of any ambiguities. People v. Echavez, 95 SCRA 663 (1980) Aglipay v. Ruiz, 64 Phil 201 o Enacting Clause- declares it enactment and serves to identify it as an act of legislation proceeding. “Be it enacted.” a. Introduction-Member of the Congress may introduce a proposed bill to the Secretary of the Congress who will calendar the same for first reading. Proponent must affix his signature in the bill, stating his purpose. b. First Reading- the bill read by its number and title ONLY. operative part containing c. Refer to the appropriate committeereferred by the speaker to a committee for study. The committee will conduct public hearings, calling all necessary parties, persons, organizations, or sectors of substantive and even procedural provisions. societies involved to obtain reactions and feelings on the proposed bill. o Separability Clause- provides that d. The committee shall decide after the public hearings whether or not to report he bill favorably or whether a substitute should be considered. o Purview of Statute- the main and in the event that one or more provisions are declared void or unconstitutional, the remaining provisions shall still be in force. 3. Philippine Legislative System 4. When a Congressional Bill Becomes a Law ANNOTATION: The Legislative Process: How a Bill Becomes a Law (669 SCRA 611-628) [2012]) INTRO-> FIRST READING-> REFER TO APPROPRIATE COMMITTEE AND PUBLIC HEARINGS-> SECOND READING-> DEBATES>CALENDARED FOR 3 DAYS-> THIRD READING- > BICAMERAL CONFERENCE COMMITTEE-> PRESIDENT Note: If the report is unfavorably, the proposed bill is dead, if the report is favorable, the bill is returned to the Congress and shall be calendared for second reading. e. Second Reading- the bill read in its entirety. f. Debates- members of the assembly may propose amendments and insertions to the proposed bill. Note: The ideal bill conceived by the author may no longer be an ideal bill, or vice - versa. g. Calendared for 3 days- before its final ATTY. LUANSING NOTES | LEGAL RESEARCH 1st Semester, 2019-2019 | UST passage, printed in its final form, and copies distributed to members of the Congress. Note: Exemption- unless the President certifies the necessity of the immediate enactment of the bill to meet a public calamity or emergency (Art.6 Sec26 (2), Phil Constitution) “Three reading” and “no amendment” rules-to prevent hasty and improvident legislation and afford the legislators time to study and deliberate the measures. h. Third Reading-no amendment shall be allowed. Only the title of the bill is read and Congress will then vote on the bill. 5. Civil Law System v. Common Law System Common law crimes are principles, usages and use of action which the community considers as condemnable even if there‘s no law that punishes it; There are no common law crimes in the Philippines since the Philippines is a civil law country. Penal laws are enacted. They do not evolve through time.
