Legal Research Notes (Book of Milagros Ong)

1 LEAGAL RESEARCH Finding and assembling of authorities that bear on a question of law The field of study concerned with the effective marshalling of authorities that bear on question of law It may vary according to country and legal system Importance of Knowing legal literature: 1. Conduct accurate and effective legal research Problems in knowing legal literature: 1. Lack of printed law finders 2. Lack of complete printed compilation of statutes and jurisprudence 3. Slow publication Remedy: Use electronic sources

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INTRODUCTION Philippines - Background 7,107 islands with a land area of 299,740 sq. kilometers. National Territory of the Philippines. Article I of the 1987 Constitution provides that the "national territory comprises the Philippine archipelago, with all the islands and waters embraced therein and all other territories which the Philippines has sovereignty or jurisdiction." Baselines: o 1935 Constitution. o Republic Act No. 3046 as amended by Republic Act No.5446. o Republic Act No. 9522,  approved on March 10, 2000  amended both laws and defined the archipelagic baselines as “Regime of Islands” (section 2) ,  consistent with Art.121 of the United Nations Convention of the Law of the Sea (UNCLOS),  Rodolfo Severino, wrote “Clarifying the New Philippines Baseline Law”“(Republic Act No. 9522)  purpose of the law is mainly to amend the existing baselines act and to ‘define the archipelagic baselines of the Philippines’.  It does not extend the baselines to Spratlys or to Scarborough Shoal,  The constitutionality of the law was question at the Supreme Court in the case Magallona, et. al vs. Ermita, et. al., G.R. No. 187167. The decision upholding the constitutionality of the law was penned by Justice Antonio T. Carpio on July 16, 2011.  Noteworthy to mention are the two grounds invoked by the petitioners in questioning the constitutionality of the law:”1). RA 9522 reduces the Philippine maritime territory, and logically, the reach of the Philippine state’s sovereign power, in violation of Article 1 of the 1987 Constitution” and 2) “RA 9522 opens the country’s waters landward of the baselines to maritime passage by all vessels and aircrafts, undermining Philippine sovereignty and national security, contravening the country’s nuclear-free policy, and damaging marine resources, in violation of relevant constitutional provisions.” Filipino culture - 91% Christian Malay, 4% Muslim Malay, 1.5% Chinese and 3% others. National Language - Filipino (Tagalog) (1987 Constitution, Art. XIV, sec. Official language- Filipino and English for the purpose of communication and instruction (Art. XIV, sec 7).

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Supreme Court Administrative Circular No. 16-2010 allowed the optional use and on a per case basis, the use of Filipino (Tagalog) in court proceedings ” Republic Act No. 10157, known as the Kindergarten Education Act utilizes the “mother tounge-based multilingual education (MTB-MLE) method as the” primary medium of instruction for teaching and learning in the kindergarten level (sec.5). However, also in section 5, the law specifically provides that the Department of Education must include in its teaching strategies the “child’s understanding of English, which is the official language.” Dialects or regional languages - eight major dialects, which include Bicolano, Cebuano, Hiligaynon or Ilongo, Ilocano, Pampango, Pangasinense, Tagalog, and Waray. 2 major religions - Christianity (particularly Catholicism, 80% ) and Islam. Other religions: o Protestant -introduced by American missionaries. o Aglipay, or the Philippine Independent Church, and the Iglesia ni Kristo,El Shaddai, Ang Dating Daan, and 'Jesus is Lord' have been established. The separation of Church and State is inviolable. (Constitution (987), Art. II, sec.6) but has a great influence in the legal system of the Philippines. For the Muslim - a special law, the Code of Muslim Personal Laws (Presidential Decree no. 1083), special courts were established, the Shari’a courts.

Political Structure The Constitution - fundamental law of the land, defined by the 1987 Constitution, duly ratified in a plebiscite held on February 2, 1987. Philippines is a democratic and republican state where sovereignty resides in the people and all government authority emanates from them (Article II, section 1). Government Structure a) Pre-Spanish (before 1521) The Barangays o Unit of government structures before Spain colonized the Philippines, headed by Datu. o Datus were called Cabeza de Barangay during the Spanish period. o He governs the barangays using native rules, which are customary and unwritten. o 2 codes during this period: 1. the Maragtas Code issued by Datu Sumakwel of Panay Island 2. Code of Kalantiao issued by Datu Kalantiano in 1433. o Just like many ancient societies, trial by ordeal was practiced. b) Spanish period (1521-1898) Magellan discovered the Philippines - Mactan Island (Cebu) on March 16, 1521. Royal decrees, Spanish laws, and/or special issuances of special laws for the Philippines were extended to the Philippines from Spain by the Spanish Crown through the councils. governor-general - The chief legislator, exercises legislative functions by promulgating executive decrees, edicts or ordinances with the force of law.

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Royal Audencia, or Spanish Supreme Court - also exercised legislative functions when laws are passed in the form of autos accordados. Prominent laws in this period as per Melquiades Gamboa, in his book entitled “ An Introduction to Philippine Law” (7th ed, 1969), o Fuero Juzgo, o Fuero Real, o Las Siete Partidas, o Leyes de Toros, o Nueva Recopilacion de las Leyes de Indias o Novisima Recopilacion. Laws in force at the end of the Spanish rule in 1898 are as follows: o Codigo Penal de 1870, o Ley Provisional para la Aplicaciones de las Dispociciones del Codigo Penal en las Islas Filipinas, o Ley de Enjuciamento Criminal, o Ley de Enjuciameniento Civil, o Codigo de Comercio, Codigo Civil de 1889, o Ley Hipotecaria, Ley de Minas, o Ley Notarial de 1862, o Railway Law of 1877, o Law of Foreigners for Ultramarine Provinces and the Code of Military Justice. Philippine Republic o between the Spanish and the American period. o Philippine Independence - Kawit , Cavite on June 12, 1898. o The Malolos Congress also known as Assembly of the Representatives, revolutionary in nature, was convened on September 15, 1898. o Malolos Constitution - the first Philippine Constitution, approved on January 20, 1899. o General Emilio Aguinaldo was the President and o Don Gracio Gonzaga as the Chief Justice. o A Republic, although with de facto authority, was in force until the start of the American Sovereignty when the Treaty of Paris was signed on December 10, 1898.

c) American period (1898-1946) Started after the Battle of Manila Bay - Spain ceded the Philippines to the United States upon the signing of the Treaty of Paris on December 10, 1898. A military government, military governor as the chief executive exercising executive, legislative and judicial functions. Legislative function was transferred to the Philippine Commission in 1901, United States President as commander-in-chief of the Armed forces Philippine Bill of 1902 - established the First Philippine Assembly, which convened on October 16, 1907. Jones law provided for the establishment of a bicameral legislative body on October 16, 1916 Philippine Constitution on February 8, 1935, signed by U.S. President Franklin Delano Roosevelt on March 23, 1935 and ratified at a plebiscite held on May 14, 1935. Organic laws that governed the Philippines during this period were: o President McKinley’s Instruction to the Second Philippine Commission on April 7, 1900; o Spooner Amendment of 1901;

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Philippine Bill of 1902; Jones Law of 1916 Tydings McDuffie Law of May 1, 1934. (established Commonwealth government and the right to promulgate its own Constitution). The 1935 Constitution initially unicameral system. However, the bicameral system was restored pursuant to the 1940 Constitutional amendment. The Commonwealth government transition government for ten years before the granting of the Philippine independence. Cayetano Arellano was installed as the first Chief Justice in 1901. Decisions rendered by the Supreme Court of the Philippines were appealed to the United States Supreme Court, which were reported in the United States Supreme Court Reports. Manuel L. Quezon and Sergio Osmeña were elected as President and Vice-President respectively during the September 14, 1935 elections. Commonwealth government went into exile in Washington DC during the Japanese period from May 13, 1942 to October 3, 1944. President Manuel L. Quezon died on August 1, 1944 and was succeeded by President Sergio Osmena who brought back the government to Manila on February 28, 1945.

d) Japanese period (1941-1944) Started: Bombing of Clark Field, on December 8, 1941, Lasted three years, ended in 1944 A Japanese Republic - Jose P. Laurel as its President. Jose Yulo was the Chief Justice of the Supreme Court. military rule by the Japanese Imperial Army. The 1943 Constitution was ratified by a special national convention of the Kapisanan sa Paglilingkod ng Bagong Pilipinas (KALIBAPI) – not recognized after the war. e) Republic period (1946-1972) July 4, 1946 was the inauguration of Philippine independence. republic means a government by the people and sovereignty resides in the entire people as a body politic. provided for the establishment of three co-equal branches of government. Executive power rests in the President, legislative power in two Houses of Congress and judicial power in the Supreme Court, and inferior courts. Separation of powers is recognized. Amendment of the 1935 Constitution to 1973 Constitution o Started on August 24, 1970 under RA No. 6132, o 310 delegates were elected on November 10, 1970. o June 1, 1971, the Constitutional Convention met. o September 21, 1972 – declared martial law. o November 29, 1972 – completed the draft. o January 17, 1973 - ratification through citizens’ assemblies f) Martial Law Period (1972-1986). The Congress was abolished established a parliamentary form of government. Executive and legislative powers were merged

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Chief Executive was the Prime Minister who was elected by majority of all members of the National Assembly (Parliament). The Prime Minister had the power to advise the President. The President is the symbolic head of state. Military tribunals were also established. Amendment No. 3 - the powers of the President and the Prime Minister were merged into the incumbent President Ferdinand E. Marcos. Amendment No. 6- authorized President Marcos to continue exercising legislative powers until Martial law is in effect. Amendment No. 7- provided for the barangays as the smallest political subdivision and the sanggunians, or councils. The 1981 amendment – modified presidential /parliamentary system of government of the Philippines. The President - elected by the people for a term of six years while the Prime Minister - elected by a majority of the Batasang Pambansa (Parliament) upon the nomination of the President. He was the head of the Cabinet and had supervision over all the ministries. Proclamation No. 2045 (1981)- lifted Martial Law and abolished military tribunals. June 16, 1981 and President Marcos was re-elected into office as President. Amendment – through plebiscite on January 27, 1984 pursuant to Batas Pambansa Blg. 643 (1984). Impeachment resolution by 57 – filed against President Marcos but was dismissed. Snap Election – called on November 3, 1985, and was held on February 7, 1986. The National Movement for Free Elections, or NAMFREL, results showed that Corazon Aquino led by over a million votes. However, the Batasang Pambansa declared that Ferdinand E. Marcos and Arturo M. Tolentino won over Corazon C. Aquino and Salvador H. Laurel as President and VicePresident, respectively. Feb 25, 1986 - People Power revolution, which ousted President Marcos

g) Republic Revival (1986-present) Corazon C. Aquino and Salvador H. Laurel took their oath of office as President and Vice President of the Philippine Republic on February 25, 1986. Proclamation No. 1 (1986) was promulgated wherein the President and the Vice President took power in the name and by the will of the Filipino people. Proclamation No. 3 (1986) adopted as the Provisional Constitution or Freedom Constitution, provided for a new government. Proclamation No. 9 (1986) - Constitutional Commission, composed of 48 members, was mandated to draft a Constitution. Draft constitution was submitted to the President on October 15, 1986 and ratified by the people in a plebiscite held on February 2, 1987. The Republican form of government was officially revived when the 1987 Constitution was ratified and Congress was convened in 1987. Legislative enactments again rested in the Congress. Republic Acts were again issued by Congress, the number of which took off from the last number used before Martial Law was declared.

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The numbering of Republic Acts continued from the number last used before Martial Law (Republic Act No. 6635 (1972) and Republic Act No. 6636 (1987). The Republic form of government by virtue of the 1987 Constitution was the same type of republican government prior to Martial law by virtue of the 1935 Constitution with three co-equal branches: Executive, Legislative and the Judiciary. Constitution (1987), Article XI, provides for the accountability of public officers. Article XI, Section 1 , “Public office is a public trust. Public officers and employees must, at all times, be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency; act with patriotism and justice, and lead modest lives.” Public officers in the Executive (President and Vice President) , Judiciary (Members or Justices of the Supreme Court) and the Constitutional Commissions and the Ombudsman may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. All other public officers and employees may be removed from office as provided by law, such as the civil service laws, but not by impeachment (Article XI, Section 2). Congress, which is involved in the impeachment process. The House of Representatives has the exclusive power to initiate all cases of impeachment though a verified complaint or resolution of impeachment filed by at least one-third of all the Members of the House of Representatives, and an Articles of Impeachment (Article XI, Section 3, (1) – (5)). The Senate shall have the sole power to try and decide all cases of impeachment. When the President of the Philippines is on trial, the Chief Justice of the Supreme Court shall preside, but shall not vote. The public officer (President and Vice President, members or Justices of the Supreme Court and the Constitutional Commissions and the Ombudsman) shall be convicted with the concurrence of two-thirds of all the Members of the Senate. (Article XI, Section 3, (6). When the Chief Justice or members of the Judiciary and the Constitutional Commissions and Ombudsman are on trial, the Senate President shall preside. Rules of impeachment shall be promulgated by the Senate.

GOVERNMENT STRUCTURE Executive Branch The President is vested with the executive power. (Art. VII, sec. 1, 1987 Constitution). The President is both the Chief of State (head of government) and the Commander-in-Chief of all the Armed Forces of the Philippines (Art. VII, sec. 18). The Philippines has had fifteen (15) Presidents from Emilio Aguinaldo to Benigno S. Aquino III. Includes the Vice-President and the Secretaries of Heads of the Executive Departments and other Cabinet officials Both the President and the Vice-President are elected by direct vote of the Filipino people for a term of six years.

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The President is not eligible for a reelection while the Vice President cannot serve for more than two terms. Congress is empowered to promulgate rules in the canvassing of certificates of election. The Supreme Court sitting en banc is the sole judge of all election contests relating to their election, returns and qualifications (Art VII, sec. 4) - Presidential Electoral Tribunal. The Cabinet members are nominated by the President, subject to the confirmation of the Commission on Appointments (Art. VII, sec, 16) which consists of the President of the Senate, as ex- officio Chairman, twelve Senators and twelve members of the House of Representatives (Art. VI, sec. 1). The President exercises control over all the executive departments, bureaus and offices (Art. VI, sec, 17).

Legislative Department Vested in the Congress of the Philippines, consisting of the Senate and the House of Representatives (Art. VI, sec. Senate of the Philippines o 24 Senators elected at large, term of not more than six (6) years. And not more than two consecutive terms. (Art VI, sec. 4). o The Senate is led by the Senate President, Pro Tempore, Majority Leader and the Minority Leader. o The Senate President is elected by majority vote of its members. o (36) permanent committees o (5) oversight committees. o The sole judge of contests relating to election, returns and qualifications of members of the Senate rests with the Senate Electoral Tribunal (SET), which is composed of nine members, three of whom are Justices of the Supreme Court and six members of the Senate. (Art. VI, sec. 17). House of Representatives o Not more than (250) members, elected by legislative districts for a term of three years, not more than three consecutive terms. o The party-list representatives, who come from registered national, regional and sectional parties and organizations, shall constitute twenty percent (20%) of the total number of representatives. (RA No. 7941), which was approved on March 3, 1995. o Officials - Speaker of the House, Deputy Speaker for Luzon, Deputy Speaker for Visayas, Deputy Speaker for Mindanao, Majority Leader, and Minority Leader. o The Speaker of the House is elected by majority vote of its members. o (57) standing committees o (16) special committees o The sole judge of contests relating to election, returns and qualifications of members of the House of Representatives rests with the House of Representatives Electoral Tribunal (HRET) which is composed of nine members, three of whom are Justices of the Supreme Court and six members of the Senate.(Art. VI, sec. 17). Judicial System

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Judicial power rests with the Supreme Court and the lower courts, as may be established by law (Art. VIII, sec. 1). With fiscal autonomy. The Rules of Court and the rules and regulations issued by the Supreme Court - define the rules and procedures of the Judiciary. Department of Justice Administrative Order No. 162 dated August 1, 1946 - Canon of Judicial Ethics. Supreme Court of the Philippines promulgated a new Code of Judicial Conduct for the Philippine Judiciary effective June 1, 2004 (A.M. No. 03-05-01-SC), The Supreme Court promulgated on June 21, 1988 the Code of Professional Responsibility for the legal profession. A Code of Conduct for Court Personnel (A.M. No. 03-06-13SC) was adopted on April 13, 2004, effective June 1, 2004 Supreme Court of the Philippines o The barangay chiefs exercised judicial authority prior to the arrival of Spaniards in 1521. o The Royal Audencia was  established on May 5, 1583,  composed of a president, four oidores (justices) and a fiscal.  exercised both administrative and judicial functions.  Became Audencia Territorial de Manila with two branches, civil and criminal.  Royal Decree issued July 24, 1861 converted it to a purely judicial body wherein its decisions were appealable to the Supreme Court of the Philippines to the Court of Spain in Madrid.  Suspended by General Wesley Merrit o re-established the Audencia on May 29, 1899 by virtue of General Order No. 20.  Cayetano Arellano as the first Chief Justice  Filipinization of the Supreme Court started only during the Commonwealth, 1935.  Administrative Code of 1917 provided for a Supreme Court with a Chief Justice and eight associate Justices, increased to 11 with two divisions of five members each.

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The 1973 Constitution further increased its membership to 15 with two (2) divisions. Supreme Court as per 1987 Constitution, o Composed of a Chief Justice and fourteen Associate Justices who shall serve until the age of seventy (70). o The Court may sit En Banc or in its three (3) divisions composed of five members each. o A vacancy must be filled up by the President within ninety (90) days of occurrences o Article VIII, sec. 4 (2) explicitly provides for the cases that must be heard En Banc o sec. 4 (3) for cases that may be heard by divisions. (Constitution, Art. VIII, sec. 4, par.1) o Judiciary Reorganization Act of 1980 - transferred from the Department of Justice to the Supreme Court the administrative supervision of all courts and their personnel as affirmed by Art. VIII, sec. 6 of the 1987 Constitution. o Office of the Court Administrator (OCA) by PD No. 828, as amended by PD No. 842, - supervision and administration of the lower courts throughout the Philippines and all their personnel. It reports and recommends to the Supreme Court all actions that affect the lower court management. The OCA is headed by the Court Administrator, three (3) Deputy Court Administrators and three (3) Assistant Court Administrators. The Supreme Court exercises the following powers: 1. cases affecting ambassadors, other public ministers and consuls, 2. petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus. 3. Review, revise, reverse, modify, or affirm on appeal or certiorari, 4. Appeal Final judgments and orders of lower courts in: a. All cases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question. b. All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto. c. All cases in which the jurisdiction of any lower court is in issue. 4. All criminal cases ion which the penalty imposed is reclusion perpetua or higher. 5. All cases in which only an error or question of law is involved. 6. Assign temporarily judges of lower court to other stations as public interest may require. Such temporary assignment shall not exceed six months without the consent of the judge concerned. 7. Order a change of venue or place of trial to avoid a miscarriage of justice 8. Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged. Such rules shall provide a simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for all courts the same grade, and shall not diminish, increase or modify substantive rights. Rules of procedure of special courts and quasi-judicial

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bodies shall remain effective unless disapproved by the Supreme Court. 9. Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law (Sec. 5, id.). Rule on the Writ of Amparo (A.M. No. 07-9-12-SC), approved on September 25, 2007 and effective on October 24, 2007 remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of a private individual or entity. This writ shall cover extrajudicial killing and enforced disappearances or threats Rule on the Writ of Habeas Data (A.M. No. 08-1-16--SC), approved on January 22, 2008 and effective February 2, 2008. - remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, or any private individual or entity engaged in the gathering, collecting or storing of data or information regarding the person, family, home and correspondence of the aggrieved party” (section 1). Writ of Kalikasan, a resolution on Rules of Procedure for Environmental Cases (A.M. No. 09-6-8-SC) was approved on April 13, 2010 - covers civil and criminal actions involving the enforcement or violations on the environment- designated to try these cases are called “Green Courts.”

Judicial and Bar Council Created by virtue of Art. VIII, sec. 8. under the supervision of the Supreme Court. Screen prospective appointees to any judicial post. Composed of the Chief Justice as ex-officio Chairman, the Secretary of Justice and representatives of Congress as exofficio members, a representative of the Integrated Bar, a professor of law, a retired member of the Supreme Court and a representative of the private sector as members. The Philippine Judicial Academy (PHILJA) “training school for justices, judge, court personnel, lawyers and aspirants to judicial posts.” Created by the Supreme Court on March 16, 1996 by virtue of Administrative Order No. 35-96 and was institutionalized on February 26, 1998 by virtue of Republic 8557. The Philippine Mediation Center By Resolution A.M. No. 01-10-5-SC-PHILJA, dated October 16, 2001, Aims to decongest court dockets, among others, the Court prescribed guidelines in institutionalizing and implementing the mediation program in the Philippines. Mandatory Continuing Legal Education Office Implement the rules on Mandatory Continuing Legal Education for members of the Integrated Bar of the Philippines (B.M. No. 850 – “Mandatory Continuing Legal Education (MCLE)). Court of Appeals Established by Commonwealth Act No. 3 (December 31, 1935), pursuant to the 1935 Constitution (Art VIII, sec. 1), Originally composed of eleven justices with Justice Pedro Concepcion as the first Presiding Justice. Members: Republic Act No. 8246 to sixty-nine (69). With Republic Act No. 8246, the Court of Appeals in Cebu, and Cagayan de Oro were established.

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Executive Order No. 33 and Republic Act No. 7902 provides for the jurisdiction of the Court of Appeals as follows: 1. Original jurisdiction to issue writs of mandamus, prohibition, certiorari habeas corpus, and quo warrant, and auxiliary writs or processes, whether or not in aid of its appellate jurisdiction 2. Exclusive original jurisdiction over actions for annulment of judgment of Regional Trial Courts; and 3. Exclusive appellate jurisdiction over all final judgments, decisions, resolutions, orders or awards of: a. Regional Trial Courts b. quasi-judicial agencies, c. instrumentalities, d. boards or commissions, including the Securities and Exchange Commission, the Social Security Commission, the Employees Compensation Commission and the Civil Service Commission, except those falling within the appellate jurisdiction of the Supreme Court in accordance with the Constitution, the Labor Code of the Philippines under Presidential Decree No. 442, as amended, the provisions of this Act, and of subparagraph (1) of the third paragraph and subparagraph (4) of the fourth paragraph of Section 17 of the Judiciary Act of 1948.

Sandiganbayan To maintain integrity, honesty and efficiency in the bureaucracy and weed out misfits and undesirables in government service (1973 Constitution (Art. XIII, sec. 5) and 1987 Constitution (Art. XI, sec. 4)). Restructured by PD No. 1606 as amended by RA No. 8249. Composed of a Presiding Justice and fourteen (14) Associate Justices still in five Divisions of three (3) Justices each. Court of Tax Appeals Created by RA No. 1125 on June 16, 1954, Review tax cases. Same level as the Court of Appeals as per RA 9282. Composed of six justices. The Court of Tax Appeals has exclusive appellate jurisdiction to review by appeal the following: 1. Decisions of the Commissioner of Internal Revenue in cases tax cases 2. Decisions, orders or resolutions of the Regional Trial Courts in local tax cases originally decided or resolved by them in the exercise of their original or appellate jurisdiction; 3. Decisions of the Commissioner of Customs in cases involving liability for customs duties and matters arising under the Customs Law or other laws administered by the Bureau of Customs. 4. Decisions of the Central Board of Assessment Appeals involving the assessment and taxation of real property originally decided by the provincial or city board of assessment appeals; 5. Decisions of the Secretary of Finance on customs cases adverse to the Government under Section 2315 of the Tariff and Customs Code; 6. Decisions of the Secretary of Agriculture in the case of nonagricultural product, commodity or article, and the Secretary of Agriculture in the case of agricultural product, commodity or article, involving dumping and countervailing duties under Section 301 and 302, respectively, of the Tariff and Customs Code, and safeguard measures under R.A. No. 8800, where either

party may appeal the decision to impose or not to impose said duties. Regional Trial Courts Second level courts divided into thirteen (13) judicial regions: National Capital Region (Metro Manila) and the twelve (12) regions of the country, which are divided into several branches. The Supreme Court designates certain branches of regional trial courts as special courts to handle exclusively criminal cases, juvenile and domestic relations cases, agrarian cases, urban land reform cases that do not fall under the jurisdiction of quasi-judicial bodies. The Regional Trial Courts’ jurisdictions are defined as follows: 1. All civil actions in which the subject of the litigation is incapable of pecuniary estimation; 2. All civil actions which involve property exceeds twenty thousand pesos (P 20,000.00) or, civil actions in Metro Manila, where such value exceeds Fifty thousand pesos (P 50,000.00) except actions for forcible entry into and unlawful detainer of lands or buildings, original jurisdiction over which is conferred upon the MeTCs, MTCs, and MCTCs; 3. All actions in admiralty and maritime jurisdiction where the demand or claim exceeds one hundred thousand pesos (P 100,000.00) or, in Metro Manila, where such demand or claim exceeds two hundred thousand pesos (P 200,000.00); 4. All matters of probate, both testate and intestate, where the gross value of the estate exceeds One hundred thousand pesos (P 100,000.00) or, in probate matters in Metro Manila, where such gross value exceeds Two hundred thousand pesos (P 200,000.00); 5. All actions involving the contract of marriage and marital relations 6. All cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial functions; 7. All other cases in which the demand, exclusive of interest, damages of whatever kind, attorney’s fees, litigation expenses and costs or the value of the property in controversy exceeds One hundred thousand pesos (P 100,000.00) or, in such other cases in Metro Manila, where the demand, exclusive of the above-mentioned items exceeds Two hundred pesos (P 200,000.00) (Sec. 19, Batas Pambansa Blg. 129, as amended by R.A No. 7691). 8. Original cases on the issuance of writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus, and injunction which may be enforced in any part of their respective regions 9. Actions affecting ambassadors and other public ministers and consuls. 10. Exercise appellate jurisdiction over MeTCs, MTCCs, MTCs, and MCTCs in their respective territorial jurisdiction. Metropolitan Trial Courts (MeTC), Municipal Trial Courts in Cities (MTCC), Municipal Trial Courts (MTC) and Municipal Circuit Trial Courts (MCTC) – First level courts established in each city and municipality.

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MeTCs, MTCCs, MTCs, and MCTCs shall exercise original jurisdiction in Civil Cases as provided for in section 33 of Batas Pambansa Blg. 129 is as follows: 1. Exclusive original jurisdiction over cases amount of the demand does not exceed One hundred thousand pesos (P 100,000.00) or, in Metro Manila (P 200,000.00), 2. Exclusive original jurisdiction over cases of forcible entry and unlawful detainer: 3. writ of habeas corpus or applications for bail in criminal cases in the province or city in the absence of the Regional Trial Court Judges.

Shari’a Courts These special courts were created by sec. 137 of Presidential Decree No. 1083 or the Code of Muslim Personal Laws. Regional Trial Court Judge and should also be learned in Islamic law and jurisprudence. Subject to the administrative supervision of the Supreme Court. Appointment of judges, qualifications, tenure, and compensation are subject to the provisions of the Muslim Code (Presidential Decree No. 1083. SDCs and SCCs have the same officials and other personnel as those provided by law for RTCs and MTCs, respectively. Quasi-Courts or Quasi-Judicial Agencies belonging to the Executive Department, but are empowered by the Constitution or statutes to hear and decide certain classes or categories of cases. Empowered by the Constitution: 1. Civil Service Commission, 2. Commission on Elections 3. Commission on Audit. Quasi-judicial agencies empowered by statutes are: 1. Office of the President. 2. Department of Agrarian Reform, 3. Securities and Exchange Commission, 4. National Labor Relations Commission, 5. National Telecommunication Commission, 6. Employees Compensation Commission, 7. Insurance Commission, 8. Construction Industry Arbitration Commission, 9. Philippine Atomic Energy Commission, 10. Social Security System, Government Service Insurance System, 11. Bureau of Patents, Trademark and Technology, 12. National Conciliation Mediation Board, 13. Land Registration Authority, 14. Civil Aeronautics Board, 15. Central Board of Assessment Appeals, 16. National Electrification Administration, 17. Energy Regulatory Board, 18. Agricultural Inventions Board 19. Board of Investments. Decisions of these quasi-courts can be appealed to the Court of Appeals except those of the Constitutional Commissions: Civil Service Commission, Commission on Elections and the Commission on Audit, which can be appealed by certiorari to the Supreme Court (Art. IX-A, sec. 7). Other Judicial Procedures 1. Katarungang Pambarangay - Presidential Decree No. 1508, took effect December 11, 1978, and established a system of amicably settling disputes at the barangay

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level, Rules and procedures by decree 1508 and the Local Government Code, Title I, Chapter 7, sec. 339-422). Aims to promote the speedy administration of justice by easing the congestion of court dockets. The Court does not take cognizance of cases filed if they are not filed first with the Katarungang Pambarangay. Alternative Dispute Resolution (ADR) System - Republic Act No. 9285 - use of an alternative dispute resolution system, promote the speedy and impartial administration of justice and unclog the court dockets. ADR system such as mediation, conciliation, arbitration or any combination thereof. Philippine Judicial Academy as the component unit of the Supreme Court for court-referred or court-related mediation cases and alternative dispute resolution mechanism and establishing the Philippine Mediation Center. Muslin law provides its own arbitration Council called The Agama Arbitration Council.

Constitutional Commissions Civil Service Commission o Act No. 5 (1900), reorganized as a Bureau in 1905 and established in the 1935 Constitution as Civil Service Commission (RA 2260) Commission on Elections o Created by a 1940 amendment to the 1935 Constitution whose primary function is to manage to maintain its authority and independence in the conduct of elections, exercises administrative, quasi-judicial and judicial powers. o It was however decreased to seven with a term of seven years without re-appointment by the 1987 Constitution. Commission on Audit – o Examine, audit and settle all accounts pertaining to the revenue and receipts of and expenditures or uses of funds and property owned or held in trust by or pertaining to the Government including government owned and controlled corporations with original charters. The Bangko Sentral ng Pilipinas (Central Bank) is considered as a constitutional office in the official Philippine government directory. Local Governments Article X of the 1987 Constitution provides for the territorial and political subdivisions of the Philippines as follows: province, cities, municipalities and barangays. The 1991 Local Government Code or Republic Act No. 7160, as amended by Republic Act No. 9009, provides the detail that implements the provision of the Constitution. Each territorial or political subdivision enjoys local autonomy as defined in the Constitution. The President exercises supervision over local Governments. Each region is composed of several provinces Province is composed of a cluster of municipalities and component cities (Local Government Code, Title IV, Chapter 1, sec. 459). The Provincial government is composed of the governor, vice-governor, members of the sangguniang panlalawigan and other appointed officials. The city - component or highly urbanized. The city government is composed of the mayor, vice-mayor, members of the sangguniang panlunsod (which is composed of the president of the city chapter of the liga ng mga

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barangay, president of the panlungsod ng mga pederasyon ng mga sangguniang kabataan and the sectoral representatives) and other appointed officials. The municipality consists of a group of barangays The municipal government is composed of the mayor, vicemayor, sangguniang members (which is composed of president of the municipal chapter of the liga ng mga barangay, president of the pambayang pederasyon ng mga sangguniang kabataan and the sectoral representatives) and other appointed officials. The Barangay is the smallest local government unit which is created, divided, merged, abolished or its boundary altered by law or by an ordinance of the sangguniang panlalawigan or sangguniang panlunsod, subject to the approval of majority votes casts in a plebiscite conducted by the Comelec (Local Government Code, Title I, Chapter 1, sec. 384-385) The Philippines is divided into the following local government units: Region I (ILOCOS REGION) Region II (CAGAYAN VALLEY) Region III (CENTRAL LUZON) Region IV (CALABARZON & MIMAROPA) Region V (BICOL REGION) Region VI (WESTERN VISAYAS) Region VII (CENTRAL VISAYAS) Region VIII (EASTERN VISAYAS) Region IX (ZAMBOANGA PENINSULA) Region X (NORTHERN MINDANAO) Region XI (DAVAO REGION) Region XII (SOCCSKSARGEN) Region XIII (CARAGA) Autonomous Region in Muslim Mindano (ARMM) Cordillera Administrative Region (CAR) National Capital Region (NCR) The Caraga Administrative Region (Region III) was created by Republic Act No. 7901, which was passed by both houses of Congress and approved by the President on February 23, 1995. The Autonomous Region in Muslim Mindanao was created by Republic Act No. 6734 was passed by both houses of Congress on February7, 2001 The Cordillera Autonomous Region was created by Republic Act No. 6766, which was approved on October 23, 1989.

Other Government Agencies 1. Commission on Human Rights – o for cases of violation of the human rights (Art. XIII, sec. 17). Specific powers and duties are expressly provided for by section 18 of the 1987 Constitution. It is composed of a Chairperson and four (4) members 2. Office of the Ombudsman o protectors of the people for they are tasked to act promptly on complaints filed against public officials or employees of the government including government owned and controlled corporations (Art. XI, sec. 12). LEGAL SYSTEM Nature of Legal System unique legal system because it is a blend of civil law (Roman), common law (Anglo-American), Muslim (Islamic) law and indigenous law. 2 primary sources of the law:

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Statutes or statutory law - written enactment of the will of the legislative branch of the government rendered authentic by certain prescribed forms or solemnities are more also known as enactment of congress. 2 types: a. Constitution (enactment of the people not legislative) b. Legislative enactments. 2. Jurisprudence - or case law - is cases decided or written opinion by courts and by persons performing judicial functions. Only decisions of the House of Representatives Electoral Tribunal are available in print as House of Representatives Electoral Tribunal Reports, volume 1 (January 28, 1988-October 3, 1990) to present. For Muslim law, the primary sources of Shariah are Quran, Sunnaqh, Ijma and Qiyas. Jainal D. Razul in his book Commentaries and Jurisprudence on the Muslin Law of the Philippines (1984) further stated there are new sources of Muslim law, which some jurists rejected such as Istihsan or juristic preference; Al-Masalih, Al Mursalah or public interest; Istidlal (custom) and Istishab. (deduction based on continuity or permanence). Legal Sources: The legislature promulgates statutes, namely: Act, Commonwealth Act, Republic Act, Batas Pambansa. Executive promulgates presidential issuances (Presidential Decrees, Executive Orders, Memorandum Circular, Administrative Orders, Proclamations, etc.), rules and regulations through its various departments, bureaus and agencies. The Judiciary promulgates judicial doctrines embodied in decisions. Presidential Decrees or law issued by President Ferdinand E. Marcos during Martial Law and Executive Orders issued by Aquino President Corazon C. Aquino before the opening Congress in July 1987 can be classified as legislative acts, there being no legislature during these two periods. Classification of Legal Sources a. Classification by Authority 1. Primary authority are those that contain actual law or those that contain law created by government. Primary Authority is the only authority that is binding on the courts. Subdivisions: a. Mandatory primary authority is law created by the jurisdiction in which the law operates like the Philippines; b. Persuasive mandatory authority is law created by other jurisdictions but which have persuasive value to our courts e.g. Spanish and American laws and jurisprudence as used when there are no Philippine authorities available or when the Philippine statute or jurisprudence under interpretation is based on either the Spanish or American law; 2. Secondary authority or sources are commentaries or books, treatise, writings, journal articles that explain, discuss or comment on primary authorities, opinions of the Department of Justice, Securities and Exchange Commission or circulars of the Bangko Sentral ng Pilipinas. These materials are not binding on courts but they have persuasive effect and/or the degree of persuasiveness. With regards to commentaries or books, treatise, writings, journal articles, the reputation or expertise of the author is a consideration.

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Chief Justice Ramon C. Aquino and Justice Carolina Grino Aquino on Revised Penal Code or Criminal Law, Senator Arturo M. Tolentino on Civil law, Chief Justice Enrique M. Fernando and Fr. Joaquin Bernas on Constitutional Law, Prof. Perfecto Fernandez on Labor Law, Vicente Francisco, Chief Justice Manuel Moran on Remedial Law, Justice Vicente Abad Santos and Senator Jovito Salonga on International Law, etc. Classification by Source 1. Primary sources are those published by the issuing agency itself or the official repository, the Official Gazette. The Official Gazette online was launched by the Office of the President in July 2010. a. Supreme Court decisions, the primary sources are: the Philippine Reports - revived by then Chief Justice Enrique M. Fernando the individually mimeographed Advance Supreme Court decisions - the Supreme Court ELibrary is complete and updated as soon as the decisions have been certified by the Chief Justice. Official Gazette. 2. The Secondary Sources are the unofficial sources and generally referred to as those commercially published or those that are not published by government agencies or instrumentalities. Examples: Vital Legal Documents, - (Central) contains a compilation of Presidential Decrees (1973), Republic Acts. Prof. Sulpicio Guevara published three books, which contain s the full text of legislative enactments or laws namely: a). Public Laws Annotated (7 vols.), compilation of all laws from 1901 to 1935, b). Commonwealth Acts Annotated (3vos.), compilation of laws from 1935-1945 c). The Laws of the First Philippine Republic (The Laws of Malolos) 1898-1899. For the Supreme Court decisions, Supreme Court Reports Annotated (SCRA), (Central Book Supply) The general rule is that in the absence of a primary source, the secondary source may be cited. Reasons for electronic sources: a) no complete and updated legal information available; b) the search engines utilizing the electronic or digitized method facilitate research c) no complete and update manually published search tools for statute and case law. Types of Online access: a. Open access for law is used for both the government and the private sector. The Chan Robles Law Firm Library and Arellano Law Foundation Lawphil use open access in their electronic libraries, which contains the full-text of all sources of Philippine legal information, case law and statute law. Official Gazette online, launched in July 2010. It contains the issuances of all the executive departments, which are found also in the websites of the different executive departments. They aim (as reflected in their website) to include the issuances of the legislative and the judiciary. The Supreme Court E-Library is an electronic library (online and CD rom for decisions updated quarterly) for all Philippine legal information, case law and statute law.

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Subscription basis – Subscription may be made solely for court decisions or statutes or for both. CD Asia online contains full-text of Supreme Court decisions and statutes, available on a subscription basis. There are two other sources for electronic full-text decisions of the Philippine Supreme Court: 1) Fluxfun Larc and Central Books’ eSCRA . Both can be accessed online with the use of desktops, laptops, notebooks, and ipads. Fluxfun Larc is on open access while eSCRA is for subscription. The established policy is that in case of conflict between the printed and electronic sources, the printed version coming from the issuing government agency prevails. Classification by Character - refers to the nature of the subject treated in books. 1. Statute Law Books, 2. Case Law Books or Law Reports 3. a combination of both 4. “Law Finders.” - refer to indexes, citators, encyclopedias, legal dictionaries, thesauri or digests. Federico Moreno’s Philippine Law Dictionary, the only available Philippine law dictionary was last published in 1988, and, Jose Agaton Sibal’s Philippine Legal Thesaurus, which is likewise considered a dictionary, was published in 1986. Foreign law dictionaries like Blacks’ Law Dictionary, Words and Phrases are used as alternate.

PHILIPPINE LEGAL RESEARCH Definitions: Statute law o Statute laws are the rules and regulations promulgated by competent authorities; enactments of legislative bodies (national or local) or they may be rules and regulations of administrative (departments or bureau) or judicial agencies. The deliberations of these laws must be consulted. Constitution o The Constitutional Convention proceedings provide for the intent and background of each provision of the Constitution. o Sources for the 1934-1935 Constitutional Convention are: 10 volumes of the Constitutional Convention Record by the House of Representatives (1966), Salvador Laurel's seven volumes book entitled Proceedings of the Constitutional Convention (1966); 6 volumes of the Philippine Constitution, Origins, Making, Meaning and Application by the Philippine Lawyers Association with Jose Aruego as one of its editors (1970) and Journal of the Constitutional convention of the Philippines by Vicente Francisco. o Proceedings of the 1973 Constitutional Convention were never published. A photocopy and softcopy of the complete compilation is available at the Filipiniana Reading Room of the National Library of the Philippines. o Journals (3 volumes) and Records (5 volumes) of the Constitutional Convention of 1986 were published by the Constitutional Commission. This publication does not have an index. This problem was remedied when CD Technologies Asia Inc. came out with a CD-ROM version, which facilitated research for it has a search engine. The proceedings and text of the 1935, 1973 and 1987 Constitutions will be available at the Supreme Court E-Library.

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Commentaries or interpretations on the constitution, decisions of the Supreme Court and other courts, textbooks or treaties, periodical articles of the different Constitution are available. (See. Legal Bibliography on page 34) Treaties and other International Agreements o A treaty is an agreement or a contract between two (bilateral) or more (multilateral) nations or sovereigns, entered into by agents appointed (generally the Secretary of Foreign Affairs or ambassadors) for the purpose and duly sanctioned by supreme powers of the respective countries. o The official text of treaties is published in the Official Gazette, Department of Foreign Affairs Treaty Series (DFATS), United Nations Treaty Series (UNTS) or the University of the Philippines Law Center's Philippine Treaty Series (PTS). o To locate the latest treaties, there are two possible sources: Department of Foreign Affairs and the Senate of the Philippines. o There is no complete repository of all treaties entered into by the Philippines. The DFATS was last published in the 1970s while the PTS's last volume, vol. 8 contains treaties entered into until 1981.With the UN Treaty Series, which used to be available only in UN depository libraries in the country and its United Nation Information Center in Makati in now available online through the United Nations website. Electronically, major law libraries use the Treaties and International Agreements Researchers Archives (TIARA), WESTLAW, LEXIS, other online sources via the Internet. o A formal Memorandum of Agreement (MOA) between the Supreme Court and the Department of Foreign Affairs was signed at the Supreme Court for the digitization of full-text of all the treaties entered into by the Philippines from 1946-2010. The MOA provided that the Department of Foreign Affairs will supply the official treaties and the Supreme Court Library Services will produce the CD Rom version with search engine of the treaties. CD-ROM containing all these treaties was launched last June 2010 at the Department of Foreign Affairs. Online version is found in the Supreme Court E-Library . Also launched last June 2010 was the Philippine Treaties Index 1946-2010 by the Foreign Service Institute. o For tax treaties, Eustaquio Ordoño has published a series on the Philippine tax treaties. Other sources of important treaties are appended in books on the subject or law journals such as the American Journal of International Law or the Philippine Yearbook of International Law. Statutes Proper (Legislative Enactments) o Statutes are enactments of the different legislative bodies since 1900 broken down as follows: 4,275 ACTS - Enactments from 1900-1935 733 Commonwealth Acts - Enactments from 1935-1945 2034 Presidential Decrees - Enactments from 19721985 884 Batas Pambansa. – Enactments from 1979-1985 10157 Republic Acts - Enactments from 1946-1972, 1987- January 2012 Codes Child and Youth Welfare Code Civil Code

Comprehensive Agrarian Reform Code Coconut Industry Code Code of Commerce Cooperative Code Corporation Code Family Code Fire Code Forest Reform Code Intellectual Property Code Labor Code Land Transportation and Traffic Code Local Government Code Muslim Code of Personal Laws National Building Code National Code of Marketing of Breast-milk Substitutes and Supplements National Internal Revenue Code Omnibus Election Code Philippine Environment Code Revised Administrative Code Revised Penal Code Sanitation Code State Auditing Code Tariff and Customs Code Water Code -

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Executive Orders o Administrative acts, orders and regulations of the President touching on the organization or mode of operation of the government, re-arranging or adjusting districts, divisions or parts of the Philippines, and acts and commands governing the general performance of duties of public officials and employees or disposing of issues of general concern Executive Proclamation o Those orders fixing the dates when specific laws, resolutions or orders cease to take effect and any information concerning matters of public moment determined by law, resolution or executive orders Administrative Rules and regulations o Orders, rules and regulations issued by the heads of Departments, Bureau and other agencies of the government for the effective enforcement of laws within their jurisdiction. However, in order that such rules and regulations may be valid, they must be within the authorized limits and jurisdiction of the office issuing them and in accordance with the provisions of the law authorizing their issuance. o Mandatory to file three (3) certified copies of their orders, rules and regulations with the University of the Philippines Law Center's Office of National Administrative Register and are required to publish quarterly in a publication called National Administrative Register. Aside from the printed copies, the National Administrative Register is available electronically on CDROM (CD Asia Technologies Inc.) and online at the Supreme Court E-Library. o University of the Philippines Law Center’s Office of National Administrative Register is not only tasked to publish this quarterly register but must keep an up-todate codification of all rules thus published and remaining in effect together with a complete index and appropriate tables. Every rule establishing an offense or defining an act, which pursuant to law is punishable as a crime or subject to a penalty, shall in all cases be

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published in full text. Exceptions to the “filing requirement" are Congress, Judiciary, Constitutional Commission, military establishments in all matters relative to Armed Forces personnel, the Board of Pardons and Parole and state universities and colleges. Case Law or Judicial decisions o Interpretations or manifestation of law made by persons and agencies of the government performing judicial and quasi-judicial functions. At the apex of the Philippine Judicial System is the Supreme Court, or what is referred to as court of last resort. o Conventional decisions are decisions or rulings made by regularly constituted court of justice. o Subordinate decisions are those made by administrative agencies performing quasi-judicial functions. o The Judicial Reform Program of the Supreme Court with the establishment of the Supreme Court E-Library aims to address this problem and also those from statute law. The decisions of the Supreme Court, Court of Appeals, Sandiganban and the Court of Tax Appeals will be made available in the Supreme Court E-Library. o The Reporters Office of the Supreme Court and the Court of Appeals keep all the original and complete copies of the court decisions. For the rest of the members of the Judiciary or the quasi-judicial agencies, copies of their decisions may be taken from the Legal Office, Office of the Clerks of Court or their libraries. Supreme Court Decisions o Decisions of the Supreme Court bind the lower courts and are a source of law, the law of the land. It is the judgment of this court which determines whether a law is constitutional or not. Unconstitutional laws even though it is signed by the President and passed by both house of congress cannot take effect in the Philippines. o Decisions of the Supreme Court are classified as follows:  Regular decisions" and extended Resolutions are published in court reports either in primary or secondary sources. These decisions provide the justice who penned the decision or ponente and the other justices responsible for promulgating the decision, whether En Banc or by Division.  Separate dissenting and/or concurring opinions are likewise published with the main decision. These regular and extended resolutions are available electronically in the Supreme Court E-Library under Decisions. o Unsigned Minute Resolutions are not published. Although they bear the same force and effect as the regular decisions or extended resolutions, they are signed and issued by the respective Clerks of Court En Banc or by either of the three (3) Divisions. Since these Minutes Resolutions are not published, the Supreme Court has now incorporated these Minute Resolutions, more particularly those that resolve a motion for reconsideration or those that explain or affirm a decision; and (2) Administrative Matters in the Supreme Court E-Library, under RESOLUTIONS. Court of Appeals decisions o Decisions of the Court of Appeals are merely persuasive on lower courts.

Researching: 1. Proclamations, Administrative Orders, Executive Orders and Memorandum Orders & Circulars of the President,

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the year it was promulgated is a must, or if no year is available, the President issuing it must be stated. Administrative rules and regulations have been facilitated due to the two developments: a) government agencies, including government owned and controlled corporations, have their own websites and at the Official Gazette and Official Gazette online where they include the full-text of their issuances, and b) the National Administrative Register, which is available in print, CDRom and in the Supreme Court website. In handling these types of materials, there are two important items needed: a.) Issuing Agency and b.) Year it was promulgated. Statues - no up-to-date or complete Statutes finders. Those published are listed in the Philippine Legal Information Resources and Citations (part II of the 2009 Update). As previously stated, to facilitate legal research, one has to go online to virtual libraries such as the Supreme Court E-Library, Chan Robles Virtual Law Library, Arellano Law Foundation’s The Lawphil Project, and CD Asia Technologies or the different databases in CD ROM such as those of CD Asia Technologies Asia Inc., Case laws and Supreme Court Decisions (Annex 1) Court of Appeals Decisions (Annex 2) Decisions of Special Courts a. Sandiganbayan and the Court of Tax Appeals do not have published decisions. The Sandiganbayan has only one volume published; Sandiganbayan Reports vol. 1 covers decisions promulgated from December 1979 to 1980. Sandiganbayan decisions are now being complete online starting from the latest to its first decision. b. Court of Tax Appeals decisions from 1980 to 2004 are found in the Lex Libris particularly in Taxation CD ROM. Court of Tax decisions are now being complete online starting from the latest to its first decision c. Decisions of Administrative Agencies, Commissions and Boards. Laws have been promulgated which grants some administrative agencies to perform quasi-judicial functions distinct from their regular administrative or regulatory functions where rules and regulations are promulgated. The Securities Regulations Code (Republic Act No. 8799) signed by President Joseph E. Estrada on July 19, 2000 affects Securities and Exchange Commission's (SEC) quasijudicial functions. The other agencies performing said functions are National Labor Relations Commission (NLRC), Insurance Commission, Housing and Land Use Regulatory Board (HLURB), Government Service Insurance System (GSIS), Social Security System (SSS) and even the Civil Service Commission (CSC). Some of their decisions are published in the Official Gazette. Some have their own publication such as the SEC and the CSC or some include them in their own websites. CD Asia Technologies’ Lex Libris series has individual CD ROMs for the Department of Justice, Securities and Exchange Commission, Bangko Sentral ng Pilipinas (Central Bank of the Philippines), and the Bureau of Internal Revenue. Included in these individual CD ROMs are the pertinent laws, their respective issuances as well as Supreme Court decisions. It CD ROM on Labor (vol. VII) incorporated issuances from

12 the Department of Labor and Employment and its affiliated agencies and offices. The Trade, Commerce and Industry CD ROM includes Supreme Court decisions, laws and issuances of its various agencies such as the Department of Trade and Industry, Board of Investments, Bureau of Customs, Bangko Sentral and the Philippine Stock Exchange. Annex 1 - Case laws and Supreme Court Decisions: -

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The Official Gazette and Philippine Reports are the official repositories of decisions and extended resolutions of the Supreme Court. Official Gazette selectively publishes Supreme Court decisions Philippine Reports contains all decisions of the Supreme Court except minute resolutions. 1901 until 1960, there were unpublished decisions of the Supreme Court. A list of these unpublished decisions is in the Supreme Court E-Library, Project COMPUSDEC, under JURISPRUDENCE. The early volumes, particularly those before the war were originally published in Spanish in the Jurisprudencia Filipina. They were translated in English to become the Philippine Reports. The Philippine Reports until volume 126 (1960's) was published by the Bureau of Printing, now called the National Printing Office. Printing was transferred to the Supreme Court in the 1980s due to the need for a complete official publication of the Court’s decision. The Supreme Court’s Philippine Reports started with volume 127. The most popular secondary source is the Supreme Court Reports Annotated (SCRA) and eSCRA and the Lex Libris Jurisprudence CD ROM and CD Asia Online . Both are on a subscription basis. A new open access, Fluxfun Larc is gaining popularity in view to its unique and user friendly access capability. Flux Fun and eScra can both be accessed online with the use of desktops, laptops, notebooks, and ipads. How can we search for Supreme Court decisions manually? a. Topic or Subject Approach:  Philippine Digest  Republic of the Philippine Digest  Velayo's digest  Magsino's Compendium  Supreme Court's unpublished Subject Index  Martinez's Summary of Supreme Court rulings 1984 to 1997  UP Law Center's Supreme Court decisions: subject index and digest's  SC's Case Digest's  Philippine Law and Jurisprudence  Castigador’s Citations  SCRA Quick Index Digest  Lex Libris Jurisprudence b. Title Approach or Title of the Approach: (Please See Complete title of the publication from the Philippine Legal Bibliography chapter)  Philippine Digest - Case Index  Republic of the Philippines Digest  Ong, M. Title Index to SC decisions 1946-1978 2v.; 1978-1981 1st Suppl; 1981-1985, 2nd Suppl; 1986 to present is unpublished but available at the SC Lib  Ateneo's Index & Aquirre's Index  Lex Libris Jurisprudence/Template search

Annex 2 - Sources of Court of Appeals decisions are: a. Text:  Court of Appeals decisions are now being complete online starting from the latest to 1936.  Official Gazette (selective publication)  Court of Appeals Reports which was published by the Court of Appeals until 1980. Even this publication is not a complete compilation. It is still considered selective for not all CA decisions are published.  Court of Appeals Reports (CAR) by Central Book Supply. One volume was published  Philippine Law and Jurisprudence  Reports Office of the Court of Appeals b. Subject or Topic Approach:  Velayo's Digest;  Moreno's Philippine Law dictionary Legal Profession and Legal Education The Constitution (sec.5) vests the Supreme Court with the power of admission to the practice of law and to admit to the legal profession through a Bar Examination Committee. Admission to Bar: Every applicant for the admission must be a Filipino citizen and at least 21 years of age. As to the academic requirements, he should have finished a four year pre-law course and a four year law degree. The lists of lawyers who are allowed to practice are found in the Rolls of Attorneys of the Supreme Court and the publication of the Court entitled, Law List. Special Bar Exams for Shari’a Court lawyers is provided for by virtue of the Court En Banc Resolution dated September 20, 1983. The exam is given every two years. Although the exam is conducted by the Supreme Court Bar Office, it is the Office of Muslim Affairs who certifies as to who are qualified to take the exam. Republic Act No. 7662, approved on December 23, 1993, provided for reforms in legal education and created a Legal Education Board. The Board shall be composed of a Chairman who shall preferably be a former justice of the Supreme Court of Court of Appeals and regular members composed of: a representative of each of the following: Integrated Bar of the Philippines (IBP), Philippine Association of Law Schools (PALS), Philippine Association of Law Professors (PALP), ranks of active law practitioners and law students’ sector. The reforms in the legal education system envisioned by Republic Act No. 7662 will require proper selection of law students, maintain the quality of law schools and require legal apprenticeship and continuing legal education. All attorneys whose names are in the Rolls of Attorneys of the Supreme Court who have qualified for and have passed the bar examinations conducted annually, taken the attorney’s oath, unless otherwise disbarred must be a member of the Integrated Bar of the Philippines. Bar Matter No. 850 was promulgated by the Resolution of the Supreme Court En Banc on August 22, 2000, as amended on October 2, 2001, providing for the rules on Mandatory Continuing Legal Education (MCLE) for Active Members of the Integrated Bar of the Philippines (IBP). The members of the IBP have to complete every three (3) years at least thirty six (36) hours of continuing legal activities approved by the MCLE Committee. An IBP member who fails to comply with the said requirement shall pay a non-

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compliance fee and shall be listed as a delinquent member of the IBP. A Mandatory Continuing Legal Education Office to implement said MCLE was established by the Supreme Court by virtue of SC Administrative Order No. 113-2003 The following educational Association and/or Organizations:  Philippine Association of Law Deans  Philippine Association of Law Professors  Philippine Association of Law Students

Bar Associations Integrated Bar of the Philippines - The official organization for the legal profession is the Integrated Bar of the Philippines (IBP), established by virtue of Republic Act No. 6397. This confirmed the power of the Supreme Court to adopt rules for the integration of the Philippine Bar. Presidential Decree 181 (1973) constituted the IBP into a corporate body. Philippine Bar Association is the oldest voluntary national organization of lawyers in the Philippines which traces its roots to the Colegio de Abogados de Filipinas organized on April 8, 1891. It was formally incorporated as a direct successor of the Colegio de Abogados de Filipinas on March 27, 1958. The other voluntary bar associations are the Philippine Lawyers Association, Trial Lawyers Association of the Philippines, Vanguard of the Philippine Constitution, PHILCONSA, All Asia Association, Catholic Lawyers Guild of the Philippines, Society of International Law, WILOCI, Women Lawyers Association of the Philippines (WLAP), FIDA. The Philippines is also a member of international law associations such as the ASEAN Law Association, and LAWASIA. Philippine Legal System Electronic resources are the answer to: a. The need for complete and up-to-date (or the latest) legal information. Publishing or printing of books in the Philippines takes time. The primary sources for laws and jurisprudence (case law) are published by the Philippines’ National Printing Office. The Official Gazette is published by the National Printing Office, which makes it as a primary source. b. Lack of the complete and up-to-date research tool (indexes, citatory, digest) for both laws and jurisprudence. c. Laws and jurisprudence in force in the early 1900s and are still considered as good law are already too fragile. Publishing books in electronic form has started. A. Books and other published materials a. Reference Materials: - Agabin, Pacifico A. Mestizo; the Story of the Philippines Legal System 1. Dictionaries - Moreno, Federico. Law Dictionary. Manila: Rex Book Store (2000) - Khan, Ismael. Everybody’s Dictionary of Philippine Law. Manila: C & E (2007) - Lee, German. Handbook of Legal Maxims. 2nd ed. Q.C.: Central Book Supply (1998) 215p. 2. Form Books - Altavas, E. Real Estate Conveyancing and Other Legal Forms (1950) - Duque. Philippine Legal Forms Plus. Q.C.: Central Book Supply (2009) Suarez. Legal Forms. Manila: Rex Book Store (2007) 314p.

3. Statutory Law: a. Statutory Law Books – Compilation - Public Laws Passed by the Philippine Commission. Manila: Bureau of Printing, (19031908). 6 vols - Official Gazette. Manila: Government Printing Office (National Printing Office). volume 1 to present (1901- present) weekly online - Laws and Resolutions. Q.C.: House of Representatives (1987-Present). vol.1-presrent - Congress of the Republic of the Philippines. Manila: Bureau of Printing (1951). - Laws and Resolutions of the Republic of the Philippines. Manila: Bureau of Printing (1955). 27v. b. Statute Finder (Index) - Batasang Pambansa Library Service. Subject Index to Presidential Decrees Nos. 1-2036. Q.C.: Batasang Pambansa (1985) - House of Representatives. Index Guide for Executive Order Nos. 1-302. Q.C.: House of Representatives (1989) - House of Representatives. Subject Index to Compendium of Philippine Laws. Q.C.: House of Representatives (1989). Vol.3 - Supreme Court Library Services. Subject Index to the Official Gazette, 1945-1985. Manila: Supreme Court of the Philippines (1993) 2vols - Philippine Annotated Laws. Manila: Lawyers Cooperative Pub. V c. Administrative Rules and Regulations - National Administrative Register - Quarterly publication of all governmental and department orders, rules and regulations filed with the UP Law Center pursuant to 1987 Administrative Code (Executive Order No. 292) - Official Gazette. Q.C.: National Printing Office (weekly) Online - Philippine Law Journals such as Ateneo Law Journal, Court Systems Journal, Lawyers Review, Philippine Law Journal, etc. - Bulletin and/or Newsletter of the Administrative Agency and Instrumentality is the latest source of administrative regulations. d. International Treaties - Philippine Treaty Series. Q.C.: U.P. Law Center. (1946- ) v.1 - Supreme Court E-Library (1948-2007) and CD Rom - Malaya, Eduardo. Philippine Treaties Index, 1946-2010. Q.C.: Central Book Supply (2010) 4. Case Law/Jurisprudence a. Case/Court Reports - Court of Tax Appeals decisions online - Philippine Laws and Jurisprudence. Manila: Current Events Digest, Inc. (1980) v.1-10 - Court of Tax Appeals decisions online - Philippine Reports Annotated Edited by Vicente J. Francisco. Manila: East Pub. Co. (1933) 29v - Philippine Laws and Jurisprudence. Manila: Current Events Digest, Inc. (1980) v.1-10 b. Case Finders (Digest and Index, etc.) - Gorospe, Rene B. Index to SCRA Annotation. Q.C.: UP Law Center (1994)

14 - Office of the Reporter’s Case Index. Manila: Supreme court January 2009 - Santos-Ong, Milagros. Title Index to Supreme Court Decisions, 1945-1978. Q.C.: UP Law Center (1981) 2v - Sibal, Jose Agaton. Velayo’s Digest General Index. Q.C.: Central Book Supply (1980) 2v. - Gupit, Fortunato, Jr. Supreme Court Doctrines. Manila: Rex Book Store (1975-1977) 3v. 5. Treatise/Annotations/Commentaries a. Civil Law - Santiago, Miriam. Civil Code Annotated. Q.C.: Central Book Supply, Inc. (2000) 1457p. - Vitug, Jose. Civil Law. Manila: Rex Book Store, Inc. (2006) 4v - Sison, Carmelo. Civil Code Reader. Q.C.: UP Law Center (2005) 768p. Agency - Francisco, Vicente J. Agency. Manila: East Publication (1952) 398p. - Padilla, Ambrosio. Agency: Text and Cases. Manila: National Book Store (1986) 223p Conflicts of Laws - Diy, Alicia. Handbook on Conflict of Law (2004) - Paras, Edgardo. Philippine Conflict of Laws. 8th ed. Manila: Rex Book Store (1996) 450p. - Salonga, Jovito. Private International Law. Manila: Rex Book Store, Inc. (1995) 570p. Credit Transactions - Lat, Igmidio. Law on Mortgage. 1st ed. Q.C.: Central Books Supply - De Leon, Hector. Comments and Cases on Credit Transactions. Manila: Rex Book Store, (2010) - Rodriguez, Rufus. Credit Transactions. Q.C.:Central Book Professional Books Inc. (2002) Lands Titles and Deeds - Aguilar, Narciso. Land Titles and Deeds. Q.C.: Central Book Supply (2005) 619p - Bilog, Gregorio. Land Titles and Deeds. Manila: Rex Book Store (2005) 634p Obligations and Contracts - Agpalo, Ruben. Obligations and Contracts. Manila: Rex Book Store (2008) 512p - Alconera. Obligations and Contracts. Q.C.: Central Books Supply - Torres, Justo. Obligations and Contracts. Manila: Rex Book Store (2003) 355p. Partnership - Nolledo, Jose. Partnership Law and Agency Law Explained (1988) - Pineda, Ernesto. Partnership, Agency and Trusts. Q.C.: Central Book Supply (2006) - Torres, Justo. Law on Business Organization. Manila: Rex Book Store (2000) 367p Persons and Family Relations - Albano. Ed Vincent. Family Code of the Philippines. 2nd ed. Manila: Rex Book Store, (2001) 654p - Pineda, Ernesto. Legal Separation. Q.C.: Central Books Supply (1994) 140p - Reyes. Rules on Guardianship of Minors (2003) Muslims and Personal Laws - Alauya, Saaduddin A. Muslim Inheritance Law. 3rd ed. Manila: Rex Book Store (2005) 209p

b.

c.

d.

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- Majul, Cesar Adib. The General Nature of Islamic Law and Its Application in the Philippines. (1976) Property - Rabuya, Elmer. Property. Manila: Rex Book Store, Inc. (2008) - Pineda, Ernesto. Law on Property. Q.C.: Central Book Supply (2009) 765p - Rodriguez, Rufus. The Law on Property. Manila: Rex Book Store (1986) 363p Sales - Baviera, Araceli. Sales. Q.C.: U.P. Law Complex (2005) 222p - Villanueva, Cesar. Law on Sales. Manila: Rex Book Store (2009) - De Leon, Hector. Law on Insurance and Sales. 6th ed. Manila: Rex Book Store ( (2011) Succession - De, Leon Hector. Comments and Cases on Succession. Manila: Rex Book Store (2012) - Nolledo, Jose. Inheritance Law in the Philippines. Manila: Rex Book Store (1996) 523p - Pineda, Ernesto. Succession & Prescription. Q.C.: Central Books Supply (2009) Torts and Damages - Aquino., Timoteo. Torts and Damages. Manila: Rex Book Store (2005) 947p - Ulep, Mariano. MCQ Bar Reviewer in Public Corporations.. Q.C.: Central Book Supply (2011) - Suarez, Rolando. Torts and Damages. Manila: Rex Book Store ( (2011) Commercial Law - Catindig, Tristan. Notes and Cases on Commercial Law (2003) - Negolitable Instruments Law. Manila: National Book Store (1995) 310p - Vitug, Jose.Commercial Law and Jurisprudence. Manila: Rex Book Store (2006)2v Criminal Law - Campanilla, M. Special Penal Laws. Manila: Rex Book Store (2010) 4vols - Garcia, L. Practitioners Guide in Probation Law. Manila: Rex Book Store (2009) - Kapunan, Ruperto. Criminal Law; Book 1. Manila: Rex Book Store (1998) 245p Environmental Law - Oposa, Antonio. The Laws of Nature and Other Stories. Muntinlupa City: Law of Nature Foundation (2003) 504p Labor Law - Abad, Antonio. The Law on Labor Standards. Manila: Rex Book Store (2008) 241p - Azucena, Cesario Alvero Jr. Essential Labor Law . Manila: Rex Book Store (2002) 768p - Amador, Vicente. Law on Strikes. Q.C.: Central Books Supply (1999) 357p Legal Ethics and Judicial Ethics - Apostol, Sergio. Essentials of Judicial & Ethics. Q.C.: Central Book Supply (2002) - Aquino, David. Introduction to Law. Q.C.: Central Book Supply (2011) 269p - Cosico. Book on Legal and Judicial Ethics. Manila: Rex Book Store (2011) Legal Medicine - Ng, Peter. Forensic Science. Q.C.: Central Book Supply (2007)

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- Solis, Pedro. Legal Medicine. Q.C.: R.P. Garcia (1987) 778p - Maligaya, Renato. Legal Medicine. Manila: Rex Book Store (2007) 647p h. Legal Philosophy - Santiago, Miriam. Political Philosophy (2003) - Rodriguez, Rufus. Introduction to Law. Manila: Rex Book Store, Inc. (2001) 193p - Pascual, Crisolito. Introduction to Legal Philosophy. Q.C.: UP Law Center (1997) 572p i. Legal Research and Writing - Rodriguez, Rufus. Legal Research. Manila: Rex Book Store (2002) 234p - Santos-Ong, Milagros. Philippine Legal Research. Q.C.: Central Book Supply (2007) - Waga. Handbook on Contract Drafting. Manila: Rex Book Store (2002) j. Political Law - Cruz, Isagani. Constitutional Law. Q.C.: Central Book Supply (2007) 503p - Santiago, Miriam. Constitution Annotated. Q.C.: Central Book Supply (1999) 778p - Santiago, Miriam. Politics and Governance with Philippine Constitution. Q.C.: Central Book Supply (2002) 282p k. Remedial Law - Affairs Service of the PNP Annotated. Q.C.: Central Book Supply (2007). 151p - Martin, Ruperto. Rules of Court. Manila: Premium Pub. (1981-1989) 6 vols - Paras, Edgardo. Rules of Court. Manila: Rex Book Store (1991-1992) . 5 v 6. Trial Technique and Practice - Aquino, Hilarion. Aspects of Jurisdiction (2003) - Bellosillo, Josue. Effective of Pre-Trial (1991) - Garcia, Rufino. Practitioners Guide on Probation (2005) 7. Statutory Construction - Agpalo, Ruben. Statutory Construction. Manila: Rex Book Store (2009) - Gonzaga, Luis. Statutes and Their Construction (1969) - Suarez, Rolando. Statutory Construction. Manila: Rex Book Store (2007) 233p 8. Taxation - Aquino, David. The Tax Navigator: A Casebook. Q.C.: Central Book Supply (2006) 130p - Dimaampao, Japar. Basic Approach of Taxation. Manila: Rex Book Store (2011) - Mamalateo, Victorino. Philippine Tax Treaties. Manila: Rex Book Store (2010) Electronic Sources 1. Philippine On-Line Sources a. Supreme Court E-Library - aims to be the primary research tool in the speedy delivery of justice. It includes all the sources of law, and all Philippine legal materials digitized from primary sources b. Law offices -Chan Robles Law Firm Virtual Law Library and Jaromay, Laurente Law Office On Line Library c. Law Schools - Arellano Law Foundation d. Open Source/Private - http://www.gov.ph/, www.chanrobles.com,http://www.fluxfun.com/legal -archive-lark/,Downloads like LAW JUAN

e. 2.

3.

Commercial By Subscription eSCRA, www.cdasiaonline.com CD-ROMS a. !e-library! A Century & 4 Years of Philippine Supreme Court Decisions 1901- April 2004 b. CD Asia Technologies Inc - LEX LIBRIS series of legal publications on CD-ROM currently has eleven volumes Philippine Legal Publisher a. Institutional Publishers - National Printing Office, Supreme Court of the Philippines, University of the Philippines Law Center b. Commercial Publishers - Rex Book Store Legal Materials, C & E Publishers National Book Store

Philippine Legal Citations Uniform standard of Philippine citation is needed for clarity, and consistency. Manuals of legal citation: · Feliciano, Myrna. Philippine Manual of Legal Citations (5th ed. 1999) · Supreme Court’s Manual of Judicial Writing (2005). · Fundamentals of Decision Writing for Judges. Manila: Philippine Judicial Academy (2009) Sources of Law 1. Statutes a. Constitution - Cited by reference to the article, section and the paragraph. For both manual, the year is placed in parenthesis when the Constitution is no longer in force. Example: Const. (1935), Art. VIII, Sec. 1 Const. (1973), Art. X, Sec. 1 Const, (1987)Art. VIII, Sec. 1 b. Statutes proper - Laws passed by the Legislative Department from 101 to present are cited as follows: a.2.1 Laws 1901-1934 Act No. 136 (1901) a.2.2. Commonwealth Acts, 1935-1945 Com. Act No. 35 (1935) a.2.3. Republic Acts, 1946-1972, 1987-present Rep. Act No. 88 (1946) a.2.4. Presidential Decrees, September 21, 1972 – February 1986 Pres. Decree No. 442 (1972) a.2.b. Batas Pambansa, January 1979- February 1, 1986 Batas Blg. 129 (1980) c. Treaties - Cited by the name of the treaty and the date when the treaty was signed Philippines Extradition Treaty with the United States, November 27, 1981. 8 PTS 978 Source d. Executive/Presidential Issuances - Presidential issuances are cited by the number of the issuance and followed by the date of issuance. The date is important for each year, the number starts with the first number (No. 1) a.4.1 Executive Orders Exec. Order No. 200 (1986) a.4.2. Proclamations Proc. No. 1081 (1972) a.4.3. Administrative Orders Adm. Order No. 200 (2005)

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a.4.4..1 General Orders Gen. Order No. 1 (1972) a.4.4.2 Letters of Instructions L.O.I. No. 2 (1972) a.4.4.3 Letters of Implementation L.O. Impl. No. 1 (1972) a.4.4.4. Letters of Authority L.O.A. No. 1 (1972) Administrative Rules and Regulations - They are cited by the abbreviation of the name of each agency, followed by the name of the specific rule or regulation. DOE Adm. Order No. 1 (2006) Ordinances - They are cited by providing the name of the city, municipality or the province, followed by the ordinance number and the date. Manila Ordinance No. 1, June 21, 2004. Court Rules- name, followed by the rule number and section. Example: Rule of Court, Rule 14, sec.1 Criminal Procedure, Rule 115, se. 1 (2000) Civil Procedure, Rule 70, sec. 1 (1997)

2. Court Decisions - cited by the family name of the parties, the volume number, Court Report title, page of the court report, and the year of promulgation in parenthesis. Example : Ong v. Court of Appeals, 399 Phil. 686 (2000) Exception this the general rule are Islamic, Chinese names which are cited in full. Those with Christian first names follow the general rule. Example: Sy Chin v. Tang Ching Heng & Co., 399 Phil. 442 (2000) Court decisions from the Supreme Court down to the lower courts can be identified through their case number cited as follows: 1. Court decisions - G.R. No. ____ date of promulgation 2. Supreme Court of Appeals decisions - C.A.-G.R. NO. ______-R, CV, CR or SP, date of promulgation 3. Sadiganbayan decisions - Sandiganbayan Crim Case No. _____ date of promulgation 4. Metropolitan Trial Courts - Me TC (Place & Branch No.) Civil or Criminal Case No. ____________, date of promulgation 5. Municipal Trial Court s and Municipal Circuit Trial Courts decisions MTC or MCTC (Place) Criminal or Civil Case No.______, date of promulgation 6. Shari’ah District and Circuit Courts – Shari’ah Dist/Circ. Ct. (Place) Case no. , date of promulgation 3. Administrative decisions - Cited by the name of the agency (abbreviated form), case number and date of promulgation Example: Santos v. Dizon, CSC Adm. Case No. 12345, January 6, 2006 Other Rules: a. Jurisprudence is cited based on its source - cited by the family name of the parties, the volume number, page, and date of promulgation in parenthesis. Example: Ong v. People, 399 Phil. 686 (2000) b. If taken from a Secondary Source - cited by the family name of the parties, G.R. number, date of promulgation and the volume number of the Reports and its page.

Example: Ong v. People, G.R. No. 139006, November 27, 2000, 346 SCRA 117 Citations Repeatedly Used a. b. c.

d.

Ibid – used for successive citation of the same volume and the same page or exactly the same document Id – used in successive citations but different page. Supra – used to identify the citation that has been previously cited whether on the same page or a previous page. Supra note – is used when the citation previously cited is too far.

Bibliography 1. 2. 3.

Agpalo, Ruben. Philippine Constitutional Law. Manila: Rex Bookstore (2006) 730p Sison, Carmelo. Essentials of the 1987 Constitution. Q.C.: JMC Press (2000) 4 vols. In 3 Mendoza, Vicente. The Supreme Court under the Constitution. Q.C.: UP Law Center (1977) 155p.