I.
Introduction Introduction to Legal Research
A. Definition of Legal Research 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. B. Importance of Legal Research To provide competent representation and uphold the st andards of the legal profession (requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for representation.) C. Sources of Legal Research Involves the use of a variety of printed and electronic sources. (constitution, statutes, court decisions, administrative rules and scholarly commentaries) D. Sources of Law 1. Primary Sources - recorded laws and rules which will be enforced by state (E.g. legislative actions, codes, statutes, judicial decisions, administrative laws (IRR)) 2. Secondary Sources - publications that discuss or analyze legal doctrine (E.g. treatises, commentaries, encyclopedias, legal writings (Academic Journals, IBP Journal & Lawyers Review)) 3. Finding Tools (E.g. SCRA Quick-Index Digest, Phil Juris & Lex Libris) II.
Introduction Introduction to Philippine Law A. Historical Evolution of Philippine Law 1. Pre-Spanish 2. Spanish 3. American 4. Japanese 5. Philippine Republic 6. Martial Law 7. Republic Revival
B. Overview of the Philippine Legal System 1. Executive President Section 1, Article VII, The 1987 Constitution “The executive power shall be vested in the President of the Philippines.”
Marcos v. Manglapus, 177 SCRA 668
Powers of the President - Although the 1987 Constitution imposes limitations on the exercise of specific powers of the President, it maintains intact what is traditionally considered as within the scope of "executive power ". The powers of the President cannot be said to be limited only to the specific powers enumerated in the Constitution. Whatever power inherent in the government that is neither legislative nor judicial has to be executive.
Section 2, Article VII, The 1987 Constitution “No person may be elected President unless he is a natural-born citizen of the Philippines, a registered voter, able to read and write, at least forty years of age on the day of the election, and a resident of the Philippines for at least ten years immediately preceding such election.”
David v. Arroyo, 489 SCRA 160
Delegation of Emergency Powers to the President - The president cannot validly order the taking over of private corporations or institutions such as the Daily Tribune without any authority from Congress. On the other hand, the word emergency contemplated in the constitution is not limited to natural calamities but rather it also includes rebellion. The SC made a distinction; the president can declare the state of national emergency but her exercise of emergency powers does not come automatically after it for such exercise needs authority from Congress. The authority from Congress must be based on the following: 1. 2. 3. 4.
There must be a war or other emergency. The delegation must be for a limited period only. The delegation must be subject to such restrictions as the Congress may prescribe. The emergency powers must be exercised to carry out a national policy declared by Congress.
The President's declaration of state rebellion was merely an act declaring a status or conduction of a public moment of interest. State of national emergency, however, is the prerogative of the President. Her exercise of emergency powers such as the taking over of privately owned utility requires delegation from the Congress, which is entirely different from the martial law.
Section 18, Article VII, The 1987 Constitution “The President shall be the Commander -in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. Within fortyeight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it. The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without need of call. The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ or the extension thereof, and must promulgate its decision thereon within thirty days from it filing.
A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ. The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion. During the suspension of the privilege of the writ, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released. Vice President Section 3, Article VII, The 1987 Constitution “There shall be a Vice-President who shall have the same qualifications and term of office and be elected with and in the same manner as the President. He may be removed from office in the same manner as the President. The Vice-President may be appointed as a Member of the Cabinet. Such appointment requires no confirmation.” Department and Bureaus Section 17, Article VII, The 1987 Constitution “The President shall have control of all the executive departments, bureaus and offices. He shall ensure that the laws be faithfully executed. Doctrine of qualified political agency or alter ego principle means that the acts of the secretaries of the Executive departments performed and promulgated in the regular course of business are presumptively the acts of the Chief Executive. (Villena v. Secretary of the Interior, G.R. No. L46570, April 21, 1939)
2. Legislative Section 1, Article VI, The 1987 Constitution “The legislative power shall be vested in the Congre ss 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.”
Section 26, Article VI, The 1987 Constitution (1)“Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof.” (2)“No bill passed by either House shall become a law unless it has passed three readings on separate days, and printed copies thereof in its final form have been distributed to its Members three days before its passage, except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Upon the last reading of a bill, no amendment thereto shall be allowed, and th e vote thereon shall be taken immediately thereafter, and the yeas and nays entered in the Journal.”
Section 27, Article VI, The 1987 Constitution
(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 be come 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.” Tio v. Videogram Regulatory Board, 151 SCRA 280
Validity of law; title of bill – The Constitutional requirement that "every bill shall embrace only one subject which shall be expressed in the title thereof" is sufficiently complied with if the title be comprehensive enough to include the general purpose which a statute seeks to achieve. It is not necessary that the title express each and every end that the statute wishes to accomplish. The requirement is satisfied if all the parts of the statute are related, and are germane to the subject matter expressed in the title, or as l ong as they are not inconsistent with or foreign to the general subject and title. Senate of the Philippines Section 2, Article VI, The 1987 Constitution “The State shall be composed of twenty -four Senators who shall be elected at large by the qualified voters of the Philippines, as may be provided by law.” House of Representatives Section 5, Article VI, The 1987 Constitution (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 ration, and those who, as provided by law, shall be elected through a party-list system of registered national, regional, and sectoral parties or organizations. (2) The party-list representatives shall constitute twenty per centum of the total number of representatives including those under the party-list. For three consecutive terms after the ratification of this Constitution, one-half of the seats allocated to party-list representatives shall be filled, as provided by law, by selection or election from the labor, peasant, urban poor, indigenous cultural communities, women, youth, and such other sectors as may be provided by law, except the religious sector. (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.
(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.”
3. Judiciary Section 5, Article VIII, The 1987 Constitution “The Supreme Court shall have the following powers:
(1) Exercise original jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus. (2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide, final judgments and orders of l ower courts in: (a) All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question. (b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto. (c) All cases in which the jurisdiction of any lower court is in issue. (d) All criminal cases in which the penalty imposed is reclusion perpetua or higher. (e) All cases in which only an error or question of law is i nvolved. (3) Assign temporarily judges of lower courts to other stations as public interest may require. Such temporary assignment shall not exceed six months without the consent of the judge concerned. (4) Order a change of venue or place of trial to avoid a miscarriage of justice. (5) Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged. Such rules shall provide a simplified and inexpensive procedure for the speedy di sposition of cases, shall be uniform for all courts of the same grade, and shall not diminish, increase, or modify substantive rights. Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court. (6) Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law.” Supreme Court Section 1, Article VIII, The 1987 Constitution “ 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. ” Court of Appeals Section 9, Batas Pambansa Blg. 129 as amended by Republic Act No. 7902 “ Jurisdiction. – The Court of Appeals shall Exercise: 1. Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus, and quo warranto, and auxiliary writs or processes, whether or not in aid of its appellate jurisdiction; 2. Exclusive original jurisdiction over actions for annulment of judgements of Regional Trial Courts; and 3. Exclusive appellate jurisdiction over all final judgements, resolutions, orders or awards of Regional Trial Courts and quasi-judicial agencies, instrumentalities, boards or commission, including the Securities and Exchange Commission, the Social Security Commission, the Employees Compensation Commission and the Civil Service Commission, Except those falling within the appellate jurisdiction of the Supreme Court in accordance with the Constitution, the Labor Code of the Philippines under Presidential Decree No. 442, as amended, the provisions of this Act, and of subparagraph (1) of the third paragraph and subparagraph 4 of the fourth paragraph of Section 17 of the Judiciary Act of 1948. The court of Appeals shall have the power to try cases and conduct hearings, receive evidence and perform any and all acts necessary to resolve factual issues raised in cases falling within its original and appellate jurisdiction, including the power to grant and conduct new trials or Appeals must be continuous and must be completed within three (3) months, unless extended by the Chief Justice. (as amended by R.A. No. 7902.) ” Sandiganbayan Section 4, Article XI, The 1987 Constitution “ The present anti-graft court known as the Sandiganbayan shall continue to function and exercise its jurisdiction as now or hereafter may be provided by law. ” Court of Tax Appeals Section 7, Republic Act No. 1125 as amended by republic Act No. 9282 “ Jurisdiction. - The Court of Tax Appeals shall exercise exclusive appellate jurisdiction to review by appeal, as herein provided. (1) Decisions of the Collector of Internal Revenue in cases involving disputed assessments, refunds of internal revenue taxes, fees or other charges, penalties imposed in relation thereto, or other matters arising under the National Internal Revenue Code or other law or part of law administered by the Bureau of Internal Revenue; (2) Decisions of the Commissioner of Customs in cases involving liability for customs duties, fees or other money charges; seizure, detention or release of property affected fines,
forfeitures or other penalties imposed in relation thereto; or other matters arising under the Customs Law or other law or part of law administered by the Bureau of Customs; and (3) Decisions of provincial or city Boards of Assessment Appeals in cases involving the assessment and taxation of real property or other matters arising under the Assessment Law, including rules and regulat ions relative thereto.” Regional Trial Courts Metropolitan Trial Courts, Municipal Trial Courts in cities, Municipal Trial Courts, and Municipal Circuit Trial Courts
4. Quasi Judicial Agencies 5. Constitutional Commissions Civil Service Commission Commission on Elections Commission on Audit 6. Local Governments III.
Sources of Law Law - A rule of conduct, just and obligatory, promulgated by legitimate authority for the common observance and benefit.
A. Sources of Law 1. Primary Sources of Law – recorded laws and rules enforced by the state a. Constitution
Article 7, The New Civil Code (NCC) “ Laws are repealed only be subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary. When the courts declared a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern. Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution.”
Angara v. Electoral Commission, G.R. No. L-45081, July 15, 1936
Doctrine of Supremacy of the Constitution - The Constitution itself has provided for the instrumentality of the judiciary as the rational way. When the judiciary mediates to allocate constitutional boundaries, it does not assert any superiority over the other departments; it does not in reality nullify or invalidate an act of the legislature, but only asserts the solemn and sacred obligation assigned to it by the Constitution to determine conflicting claims of authority under the Constitution and to establish for the parties in an actual controversy the rights which that instrument secures and guarantees to them. This is in truth all that is involved in what is termed "judicial supremacy" which properly is the power of judicial review under the
Statutes or Statutory Law Statutes - A written will of the legislature expressed according to the form necessary to constitute it a law of the state and rendered authentic by certain prescribed forms and solemnities.
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STATUES OF LEGISLATIVE ENACTMENT Enactment of Laws Repeal and amendment of laws Presumption of validity
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Declaration of unconstitutionality
De Agbayani v. PNB, 28 SCRA 429
Doctrine of Operative Fact - a legislative or executive act, prior to its being declared as unconstitutional by the courts, is valid and must be complied with. “When the courts declare a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern. Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws of the Constitution.” It is understandable why it should be so, the Constitution being supreme and paramount. Any legislative or executive act contrary to its terms cannot survive.
Such a view has support in logic and possesses the merit of simplicity. It may not however be sufficiently realistic. It does not admit of doubt that prior to the declaration of nullity such challenged legislative or executive act must have been in force and had to be complied with. This is so as until after the judiciary, in an appropriate case, declares its invalidity, it is entitled to obedience and respect. Parties may have acted under it and may have changed their positions. What could be more fitting than that in a subsequent litigation regard be had to what has been done while such legislative or executive act was in operation and presumed to be valid in all respects. It is now accepted as a doctrine that prior to its being nullified, its existence as a fact must be reckoned with. This is merely to reflect awareness that precisely because the judiciary is the governmental organ which has the final say on whether or not a legislative or executive measure is valid, a period of time may have elapsed before it can exercise the power of judicial review that may lead to a declaration of nullity. It would be to deprive the law of its quality of fairness and justice then, if there be no recognition of what had transpired prior to such adjudication. In the language of an American Supreme Court decision: “The actual existence of a statute, prior to such a determination [of unconstitutionality], is an operative fact and may have consequences which cannot justly be ignored. The past cannot always be erased by a new judicial declaration. The effect of the subsequent ruling as to invalidity may have to be considered in various aspects, with respect to particular relations, individual and corporate, and particular conduct, private and official.”
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Effectivity of Laws Article 2, The New Civil Code (NCC) “Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided…”
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Article 3, The New Civil Code (NCC) “ Ignorance of the law excuses no one from compliance therewith. (2)
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Article 7, The New Civil Code (NCC) “ Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary. When the courts declared a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern. Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution. ”
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Article 8, The New Civil Code (NCC) “Judicial decisions applying or interpreting the laws or the Constitution shall form part of the legal system of the Philippines.”
Tañada v. Tuvera, G.R. No. 63915, December 29, 1986
Publication - The clause “unless it is otherwise provided” refers to the date of effectivity and not to the requirement of publication itself, which cannot in any event be omitted. This clause does not mean that the legislature may make the law effective immediately upon approval, or in any other date, without its previous publication. “Laws” should refer to all laws and not only to those of general application, for strictly speaking, all laws relate to the people in general albeit there are some that do not apply to them directly. A law without any bearing on the public would be invalid as an intrusion of privacy or as class legislation or as an ultra vires act of the legislature. To be valid, the law must invariably affect the public interest eve if it might be directly applicable only to one individual, or some of the people only, and not to the public as a whole.
All statutes, including those of local application and private laws, shall be published as a condition for their effectivity, which shall begin 15 days after publication unless a different effectivity date is fixed by the legislature. Publication must be in full or it is no publication at all, since its purpose is to inform the public of the content of the law. Honasan II v. The Panel of Investigating Prosecutors of the Department of Justice, G.R. No. 159747, April 13, 2004
Publication - The only circulars and regulations which prescribe a penalty for its violation should be published before becoming effective. People vs. Que Po Lay, 94 Phil. 640 (1954) Interpretative regulations and those merely internal in nature, that is regulating only the personnel of the administrative agency and not the public, need not be published. Neither is publication required of the so called letters of instructions issued by the administrative superiors concerning the rules on guidelines to be followed by their subordinates in performance of their duties. Taňada V. Tuvera, 146 Scra 453 (1986)
Tawang Multipurpose Cooperative v. La Trinidad Water District, G.R. No. 166471, March 22, 2011
Constitutional Supremacy - When the law is clear, there is nothing for the courts to do but to apply it. In case of conflict between the Constitution and a statute, the Constitution always prevails because the Constitution is the basic law to which all other laws must conform to. The duty of the Court is to uphold the Constitution and to declare void all laws that do not conform to it.
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EXECUTIVE/PRESIDENTIAL AND OTHER ISSUEANES OF THE DIFFERENT GOVERNMENT AGENCIES INCLUDING GOCCS -
Section 1, Chapter 1, Book III, Administrative Code “ Power of Control.—The President shall have control of all the executive departments, bureaus, and offices. He shall ensure that the laws be faithfully executed.”
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Chapter 2, Book III, Administrative Code “ ORDINANCE POWER SECTION 2. Executive Orders.— Acts of the President providing for rules of a general or permanent character in implementation or execution of constitutional or statutory powers shall be promulgated in executive orders. SECTION 3. Administrative Orders.— Acts of the President which relate to particular aspects of governmental operations in pursuance of his duties as administrative head shall be promulgated in administrative orders. SECTION 4. Proclamations.— Acts of the President fixing a date or declaring a status or condition of public moment or interest, upon the existence of which the operation of a specific law or regulation is made to depend, shall be promulgated in proclamations which shall have the force of an executive order. SECTION 5. Memorandum Orders. — Acts of the President on matters of administrative detail or of subordinate or temporary interest which only concern a particular officer or office of the Government shall be embodied in memorandum orders. SECTION 6. Memorandum Circulars.— Acts of the President on matters relating to internal administration, which the President desires to bring to the attention of all or some of the departments, agencies, bureaus or offices of the Government, for information or compliance, shall be embodied in memorandum circulars. SECTION 7. General or Special Orders.— Acts and commands of the President in his capacity as Commander-in-Chief of the Armed Forces of the Philippines shall be issued as general or special orders.”
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Section 7, Chapter 2, Book IV, Administrative Code “ SECTION 7. Powers and Functions of the Secretary. —The Secretary shall:
(1) Advise the President in issuing executive orders, regulations, proclamations and other issuances, the promulgation of which is expressly vested by law in the President relative to matters under the jurisdiction of the Department; (2) Establish the policies and standards for the operation of the Department pursuant to the approved programs of government; (3) Promulgate rules and regulations necessary to carry out department objectives, policies, functions, plans, programs and projects; (4) Promulgate administrative issuances necessary for the efficient administration of the offices under the Secretary and for proper execution of the laws relative thereto. These issuances shall not prescribe penalties for their violation, except when expressly authorized by law; (5) Exercise disciplinary powers over officers and employees under the Secretary in accordance with law, including their investigation and the designation of a committee or officer to conduct such investigation; (6) Appoint all officers and employees of the Department except those whose appointments are vested in the President or in some other appointing authority; Provided, However, that where the Department is regionalized on a department-wide basis, the Secretary shall appoint employees to positions in the second level in the regional offices as defined in this Code; (7) Exercise jurisdiction over all bureaus, offices, agencies and corporations under the Department as are provided by law, and in accordance with the applicable relationships as specified in Chapters 7, 8, and 9 of this Book; (8) Delegate authority to officers and employees under the Secretary’s direction in accordance with this Code; and (9) Perform such other functions as may be provided by law. ” -
Section 50, Chapter 11, Book IV, Administrative Code “ SECTION 50. General Classification of Issuances.—The administrative issuances of Secretaries and heads of bureaus, offices or agencies shall be in the form of circulars or orders. (1) Circulars shall refer to issuances prescribing policies, rules and regulations, and procedures promulgated pursuant to law, applicable to individuals and organizations outside the Government and designed to supplement provisions of the law or to provide means for carrying them out, including information relating thereto; and (2) Orders shall refer to issuances directed to particular offices, officials, or employees, concerning specific matters including assignments, detail and transfer of personnel, for observance or compliance by all concerned.”
iii.
TREATIES AND INTERNATIONAL AGREEMENTS
Section 2, Article II, The 1987 Constitution “The Philippines renounces war as an instrument of national policy, adopts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations. Section 21, Article VII, the 1987 Constitution “ No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the Senate.”
Pharmaceutical and Healthcare Association of the Philippines v. Duque, G.R. No. 173034, October 9, 2007
Doctrine of Incorporation and Doctrine of Transformation - Under the 1987 Constitution, international law can become part of the sphere of domestic law either by transformation or incorporation; Treaties become part of the law of the land through transformation pursuant to Art. VII, Sec. 21 of the Constitution. Transformation method requires that an international law be transformed into a domestic law through a constitutional mechanism such as local legislation. Generally accepted principles of law, Sec.2, Art. II of the Constitution, whereby the Philippines adopts the generally accepted principles of international law as part of the law of the land, embodies the incorporation method. The incorporation method applies when, by mere constitutional declaration, international is deemed to have the force of domestic law. iv.
ADMINISTRATIVE RULES AND REGULATIONS “ Covered by this rule are presidential decrees and executive orders promulgated by the President in the exercise of legislative powers whenever the same are validly delegated by the legislature or, at present, directly conferred by the Constitution. Administrative rules and regulations must also be published if their purpose is to enforce or implement existing law pursuant also to a valid delegation.” (Tanda v. Tuvera, 1986)
v.
LOCAL ORDINANCES AND RESOLUTIONS
Section 1, Article X, The 1987 Constitution “The territorial and political subdivisions of the Republic of the Philippines are the provinces, cities, municipalities, and barangays. There shall be autonomous regions in Muslim Mindanao and the Cordilleras as hereinafter provided.
Bayan Muna v. Romulo, G.R. No. 159618, February 1, 2011
Agreement between heads of states - An "exchange of notes" is a record of a routine agreement, that has many similarities with the private law contract. The agreement consists of the exchange of two documents, each of the parties being in the possession of the one signed by the representative of the other. Under the usual procedure, the accepting State repeats the text of the offering State to record its assent. The signatories of the letters may be government Ministers, diplomats or departmental heads. The technique of exchange of notes is frequently resorted to, either because of its speedy procedure, or, sometimes, to avoid the process of legislative approval. In another perspective, the terms "exchange of notes" and "executive agreements" have been used interchangeably, exchange of notes being considered a form of executive agreement that becomes bindi ng through executive action. On the other hand, executive agreements concluded by the President "sometimes take the form of exchange of notes and at other times that of more formal documents denominated ‘agreements’ or ‘protocols.’ Article 2 of the Vienna Convention on the Law of Treaties defines a treaty as "an international agreement concluded between states in written form and governed by international law, whether embodied in a single instrument or in two or more related instruments and whatever its particular designation." International agreements may be in the form of (1) treaties that require legislative concurrence after executive ratification; or (2) executive agreements that are similar to treaties, except that they do not require legislative concurrence and are usually less formal and deal with a narrower range of subject matters than treaties. Under international law, there is no difference between treaties and executive agreements in terms of their binding effects on the contracting states concerned, as long as the negotiating functionaries have remained within their powers. Neither, on the domestic sphere, can one be held valid if it violates the Constitution. Authorities are, however, agreed that one is distinct from another for accepted reasons apart from the concurrence-requirement aspect. As has been observed by US constitutional scholars, a treaty has greater "dignity" than an executive agreement, because its constitutional efficacy is beyond doubt, a treaty having behind it the authority of the President, the Senate, and the people; a ratified treaty, unlike an executive agreement, takes precedence over any prior statutory enactment.
Section 2, Article X, The 1987 Constitution “The territorial and political subdivisions shall enjoy local autonomy.
Magtajas v. Pryce Properties, 234 SCRA 255
Ordinances vs. Statutes - Ordinances should not contravene a statute is obvious. Municipal governments are only agents of the national government. Local councils exercise only delegated legislative powers conferred on them by Congress as the national lawmaking body. The delegate cannot be superior to the principal or exercise powers higher than those of the latter. It is a heresy to suggest that the local government units can undo the acts of Congress, from which they have derived their power in the first place, and negate by mere ordinance the mandate of the statute.
Section 16, Local Government Code (LGC) General Welfare. – Every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare. Within their respective territorial jurisdictions, local government units shall ensure and support, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of the people to a balanced ecology, encourage and support the development of appropriate and self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants.”
City of Manila v. Laguio, G.R. No. 118127, April 12, 2005 White Light Corporation v. City of Manila, G.R. No. 122846, January 20, 2009
Test of a Valid Ordinance - A long line of decisions has held that for an ordinance to be valid, it must not only be within the corporate powers of the local government unit to enact and must be passed according to the procedure prescribed by law, it must also conform to the following substantive requirements: (1) must not contravene the Constitution or any statute; (2) must not be unfair or oppressive; (3) must not be partial or discriminatory; (4) must not prohibit but may regulate trade; (5) must be general and consistent with public policy; and (6) must not be unreasonable. The Ordinance was passed by the City Council in the exercise of its police power, an enactment of the City Council acting as agent of Congress. This delegated police power is found in Section 16 of the Local Government Code, known as the general welfare clause. b. Case Law or Jurisprudence Case Law - the decisions, interpretations made by judges while deciding on the legal issues before them which are considered as the common law or as an aid for interpretation of a law in subsequent cases with similar conditions. Case laws are used by advocates to support their views to favor their clients and also it influences the decision of the judges. Spouses Benzonan v. Court of Appeals, G.R. No. 97973, January 27, 1992
The Court said that though they are bound by decisions pursuant to Article 8 of the Civil Code, the Court also stressed that: “while our decisions form part of the law of the land, they are also subject to Article 4 of the Civil Code which states that “laws shall have no retroactive effect unless the contrary is provided””. Moreover, the Court emphasized that “when a doctrine of this Court is overruled and a different view is adopted, the new doctrine should be applied prospectively xxx.” A new doctrine of the Court cannot operate retroactively if it impairs vested rights.
Article 8, The New Civil Code (NCC) “Judicial decisions applying or interpreting the laws or the Constitution shall form part of the legal system of the Philippines.”
Silverio v. Republic, G.R. No. 174689, October 19, 2007
It is true that Article 9 of the Civil Code mandates that “*n+o judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the law.” However, it is not a license for courts to engage in judicial legislation. The duty of the courts is to apply or interpret the law, not to make or amend it. In our system of government, it is for the legislature, should it choose to do so, to determine what guidelines should govern the recognition of the effects of a law.
Re: Resolution Granting Automatic Permanent Total Disability Benefits to Heirs of Justices and Judges Who Die in Actual Service, A.M. No. 02-12-01-SC
[d]ecisions of this Court, although in themselves not laws, are nevertheless evidence of what the laws mean, and this the reason why under Article 8 of the New Civil Code, judicial decisions applying or interpreting the laws or the Constitution shall form part of the legal system x x x. The interpretation upon a law by this Court constitutes, in a way, a part of the law as of the date the law was originally passed, since this Courts construction merely establishes the contemporaneous legislative intent that the law thus construed intends to effectuate. People vs. Jabinal
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Decisions Proper - Decisions by regular courts of Justice -Decisions of the Supreme Court -Decisions of the Court of Appeals -Decisions of the Sandiganbayan -Decisions of the Court of Tax Appeals -Decisions of the Regional Trial Courts -Decisions of the Metropolitan Trial Courts, the Municipal Trial Courts and the Municipal Circuit Trial Courts
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Subordinate Decisions - Ruling of Boards, Commissions, and Administrative officers, and opinions of legal officers of the Government. -Decisions of the Senate Electoral Tribunal and the House of Representatives Electoral Tribunal -Decisions of Administrative Agencies Exercising Quasi-Judicial Powers, such as: -COMELEC -CSC -Commission on Audit -NLRC -Insurance Commission -Housing & Land Use Regulatory Board -DAR Adjudication Board Special Tribunals
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Judicial System at present 1. Trial Courts of Limited Jurisdiction 2. Trial Courts of General Jurisdiction
3. Court of Appeals 4. Court of Last Resort PRINCIPLES IN STUDY CASE LAW 1. Doctrine of Precedent 2. Stare Decisis and Res Judicata Stare Decisis - The principle that the decisions of a court are a binding authority on the court that issued the decisions and on the lower courts for the disposition of factually similar controversies. Stand on what has been decided. Ting v. Velez-Ting, G.R. No. 166562, March 31, 2009
The principle of stare decisis enjoins adherence by lower courts to doctrinal rules established by this Court in its final decisions. It is based on the principle that once a question of law has been examined and decided, it should be deemed settled and closed to further argument. Basically, it is a bar to any attempt to relitigate the same issues, necessary for two simple reasons: economy and stability. In our jurisdiction, the principle is entrenched in Article 8 of the Civil Code. Two strains of stare decisis have been isolated by legal scholars. The first, known as vertical stare decisis deals with the duty of lower courts to apply the decisions of the higher courts to cases involving the same facts. The second, known as horizontal stare decisis requires that high courts must follow its own precedents. Prof. Consovoy correctly observes that vertical stare decisis has been viewed as an obligation, while horizontal stare decisis, has been viewed as a policy, imposing choice but not a command.
Res Judicata - a matter adjudged, judicially acted upon or decided, or settled by judgment. It p rovides that a final judgment on the merits rendered by a court of competent jurisdiction is conclusive as to the rights of the parties and their privies; and constitutes an absolute bar to subsequent actions involving the same claim, demand or cause of action. Philippine Farming Corporation, LTD. V. Llanos, et al., G.R. No. L-21014, August 14, 1965
The requisites for res judicata are: (1) court of competent jurisdiction; (2) final judgment or order on the merits; and (3) identities of parties, subject matter, and cause of action San Diego v. Calderon, 70 Phil. 281, 283 Requisites of Res Judicata: (1) The former judgment must be final; (2) The court that rendered it had jurisdiction over the subject matter and the parties; (3) It is a judgment on the merits (rendered after consideration of evidence and stipulations); and (4) There is — between the first and the second actions — an identity of parties, subject matter and cause of action (G.R. No. 146886 [2003])
3. Reversal of Judgement and Overruling of decision
Section 4 (3), Article VIII, The 1987 Constitution “Cases or matters heard by a division shall be decided or resolved with the concurrent of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon, and in no case, without the concurrent of at least three of such Members. When the required number is not obtained, the case shall be decided en banc: Provided, that no doctrine or principle of law laid down by the court in a decision rendered en ban or in division may be modified or reveres except by the court sitting en banc.”
Castro v. JBC, G.R. No. 191002, April 20, 2010
The Constitution itself recognizes the innate authority of the Court en banc to modify or reverse a doctrine or principle of law laid down in any decision rendered en banc or in division. An en banc session (French for "in bench") is a session in which a case is heard before all the judges of a court before the entire bench rather than b a anel of ud es selected from them. 4. Ratio Decidendi and Obiter Dictum Ratio Decidendi - the rule of law on which a judicial decision is based. Obiter Dictum - a judge's incidental expression of opinion, not essential to the decision and not establishing precedent. Obra v. Spouses Badua, G.R. No. 149125, August 9, 2007
Ratio decidendi - Where there is a conflict between the fallo and the ratio decidendi or body of the decision, the fallo controls. This rule rests on the theory that the fallo is the final order while the opinion in the body is merely a statement ordering nothing. The rule applies when the dispositive part of a final decision or order is definite, clear, and unequivocal, and can wholly be given effect without need of inter retation or construction.
Office of the Ombudsman v. Court of Appeals, G.R. No. 160675, June 16, 2006
Obiter dictum - The statement that made reference to the power of the Ombudsman is, at best, merely an obiter dictum and, as it is unsupported by sufficient explanation, is susceptible to varying interpretations x x x x [h]ence, it cannot be cited as a doctrinal declaration of this Court nor is it safe from judicial examination.
DIFFERENCE BETWEEN RATIO DECIDENDI AND OBITER DICTA(DICTUM) Ratio Decidendi Obiter Dicta ratio = the measure of a quantity in terms of another; obiter = by the way; dicta (pl.) = sayings; dictum decidendi = decision. (sing.) = saying. An obiter dictum is a statement made by a judge in “the ratio decidendi may be described roughly as the rule of law applied by and acted on by the court, or the course of his judgment which may not be precisely rule which the court regarded as governing the relevant to the issue before him. case…….. The ratio decidendi has binding authority. It is more An obiter dictum has no such binding authority. It is
authoritative than obiter dicta. “if ratio decidendi is a rule of law expressly or impliedly treated by the judges as a necessary step in reaching his conclusion……. “if we think of the rule of law as a line on graph, then the case itself is like a point through which that line is drawn………
a by-product of the original judgment. They are only remarks and opinions of the judge. A dictum is a rule of law stand by a judge which was neither expressly nor impliedly treated by him as a necessary step in reaching his conclusion. The rules of law based on “hypothetical facts” are mere dicta.
5. Binding authority and Persuasive authority Mandatory authority refers to cases, statutes, or regulations that the court must follow because it is binding on the court. Thus, lower courts are required to follow decisions from higher courts in the same jurisdiction. Persuasive authority refers to cases, statutes, regulations, or secondary sources that the court may follow but does not have to follow. Thus, the holding from a court in another jurisdiction or a lower court in the same jurisdiction is persuasive authority.
