OVERVIEW OF THE PHILIPPINE POLITICAL SYSTEM Constitution the written instrument enacted by the direct action of the people

by which the fundamental powers of the government are established, limited and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic 3 branches of the government Executive (president) Legislative (Congress) Judicial (Courts) 4 Philippine Constitutions 1. Malolos Constitution 2. 1935 Constitution 3. 1973 Constitution 4. 1987 Constitution *1943 Constitution is null and void, 1986 Constitution is provisional Constitution is the supreme law of the land. All must bow to the Constitution.

Waters around, between and connecting the islands

Political Law Within Philippine territory Embassies of the Philippines are extensions Criminal Law Within the Philippine national territory except: 1. While on Phil. Ship or airship 2. Forge or counterfeit of any coin or currency notes of the P.I./obligations and securities issued by the government 3. Acts connected to introduction into these islands of the obligations and securities 4. While being public officers or employees, should commit an offense in the exercise of their functions 5. Should commit any crime against national security and laws of the nation. Art. Art. 14 of the Civil Code

Penal laws and those of public security and safety shall be obligatory upon all who live and sojourn in the Philippine territory, subject to the principles of public international law and to treaty stipulations.

Constitution
(Sovereign people through ratification)

Civil Law Art. 15 of the Civil Code

Statutes
(Congress)

Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.

Implementing Rules and Regulations

(agencies in the Executive Branch to put statute into force)

Lex Rei Sitae The law where the property is situated Art. 16 of the Civil Code

Real property as well as personal property is subject to the law of the country where it is situated.

Art.7 of the Civil Code

Intestate and testamentary successionsshall be regulated by the national law of the person whose succession is under consideration

Laws are repealed only by the subsequent ones, and their violation or non-observance shall not be excused by disuse or custom or practice to the contrary.
Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution.

Lex Loci Celebretionis Law of the place where the solemnity is celebrated Art. 17 of the Civil Code

The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed.

Art.10 of the Civil Code In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail. Presumption of Constitutionality to doubt is to sustain Orthodox viewinoperative, as if it had not been passed Modern viewas if statute has no existence Elements of the State 1. People 2. Government 3. Territory 4. Sovereignty Democraticevery citizen is a repository of sovereignty Republicgovt run by people and for the people National National Territory Islands and waters therein Terrestrial, fluvial and aerial domains Territorial sea, seabed, subsoil, insular shelves, and other submarine areas

When the acts referred to are executed before the diplomatic and consular officials of the Republic of the Philippines in a foreign country, the solemnities established by the Philippine laws shall be observed in their execution.

State Fundamental Powers of the State State 1) Police Power of the State a) Regulate liberty, and property b) Regulate medical practice 2) Power of Eminent Domain a) Acquire private property upon payment of just compensation 3) Power of Taxation a) Demand from society members their proportionate share or contribution in the maintenance of the government Doctrine of Separation of Powers Prevent a concentration of authority in just one person or group of persons that might lead to an irreversible error/ abuse in its exercise to the detriment of the republican institutions

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Each branch of the government exercises powers exclusive to it without undue influence from the other two branches Legislativethe power to make laws Legislative Executivethe power to execute the laws Executive Judicialinterprets the law Judicial

Legislative Period of the Philippines and the Statutes Acts (Public Acts) Commonwealth Acts (C.A.) Republic Acts (R.A.) Batas Pambansa (B.P.) Presidential Decrees (P.D.) Executive Orders (E.O.) 1899-1935 1935-1941, 1944-1946 1946-1972, 1987-2010 1978-1984 (Interim, Regular) Martial Law, EDSA I 1986 Provisionary Constitution

Congress) Legislative (Philippine Congress)Power of the Purse Congress of the Philippines Senate and House of Representative Power to make laws, repeal, amend and alter the laws Power of appropriation, taxation, expropriation, canvass the presidential elections, declare the existence of war, give concurrence to treaties and amnesties, propose constitutional amendment and to impeach. ExecutivePower of the Sword Executive President of the Philippines Appointing power, removal power, control power, military power, pardoning power, borrowing power, diplomatic power, budgetary power and informing power. Head of State and Head of Government Commander-in-Chief of the Armed Forces of the Philippines Elected by a popular vote to a term of 6 yearsno longer run for re-election unless he/she becomes president through constitutional succession and has served for no more than 4 years as president Malacaang Palaceofficial residence Vice-Presidentshould the president resign, be Vice-President impeached or die in office. Any member of the Congress validated by a vote of Congress voting separately Judiciary Judiciarythe Bastion of Rights and Liberties of the People One Supreme Court and in such lower courts may be established by law Duty of courts of justice to settle actual controversies involving rights which are legally demandable and enforceable 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 of the Government powerinterpret laws when controversies or Judicial power disputes arises JurisprudenceSupreme courts decision that is the Jurisprudence source of case law OVERVIEW OF THE PHILIPPINE LEGISLATIVE SYSTEM Legislative Periods Malolos Congress (1898-1899) Philippine Commission (1900-1907) o Schurman Commission o Taft Commission Philippine Assembly (1907-1916) Philippine Legislature (1916-1935)Unicameral and later became Bicameral National Assembly (1935-1946) Commonwealth Congress (1945-1946) Congress of the Philippines (1946-1972) Martial Law Period (1972-1978) Batasang Pambansa (1978-1986) Provisional Republic (1986-1987) o Interregnum Period Congress of the Philippines (1987-Present)

Political Laws are Abrogated by Change of Sovereignty Political laws however change from one sovereign to the other Lawbranch of public law which deals with the Political Law organization and operation of the governmental organs of the State and defines the relations of the state with the inhabitants of its territory Embraces constitutional law, law of public corporations, administrative law including the law on public officers and elections How a Bill Becomes a Law Steps in the Legislative Process Preparation of the Bill Member/ Bill Drafting Division of the Reference and Research Bureau prepares and drafts the bill May be introduced to the House of Representatives or Senate Must relate to only one subject matter which must be expressed in its title First Reading Filed with Bills and Index Service, numbered and reproduced After 3 days, included in the Order of Business for First Reading Secretary General reads the title and number of the bill Speaker refers the bill to the appropriate committee Committee consideration/action Evaluate it to determine the necessity for public hearings Necessaryschedules time, issues public notices, invites resource persons from the public and private sectors, the academe and experts on the proposed bill Not necessaryschedules the bill for Committee discussions Committee report is prepared on the bill Read in open session and referred to the Rules Committeecan place the bill in the 2nd reading calendar or in the calendar of unassigned business. Based on the results, may introduce amendments, consolidate bills on the same subject matter or propose a substitute bill Committee approves report and formally transmits the same to the Plenary Affairs Bureau Second reading Committee Report is registered and numbered by the Bills and Service Index Service Subject to debate and amendment before being placed in the 3rd Calendar Reading for final passage Secretary General reads the number, title and the text of the bill (period of sponsorship or debate, period of amendments and voting which may be by viva voce, count by tellers, division of the House or nominal voting Third reading The amendments, if any, are engrossed and printed copies of the bill are reproduced Engrossed bill is included in the Calendar of Bills for Third Reading and copies are distributed to all members 3 days before its reading

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Secretary General reads only the number and title of the bill Roll call or nominal voting is called A member, if he desires, is given 3 minutes to explain his vote No amendment is allowed at this stage o Bill is approvedaffirmative vote of a majority of the members present o Bill is disapprovedthe same is transmitted to the Archives Transmittal of the approved bill to the Senate After passage by one house, the bill goes through the same process in the other house If amendments are made in one house, the other must concur If a house has counterpart bill to a bill by the other house, and these bills have conflicting provisionsConference Committee composed of representatives of each house is formed to harmonize the conflicting provisions If conflicting provisions are harmonized, a conference committee report is prepared for ratification or approval by both houses Senate action on approved bill of the House The bill undergoes the same legislative process in the Senate Conference committee Composed of members of each House of Congress to settle, reconcile or thresh out differences or disagreements on any provision of the bill Prepares a report to be signed by all the conferees and the Chairman Transmittal of the bill to the President Copies of the bill are signed by the Senate President and Speaker of the House of Representative Certified by Sec. of the Senate,Sec. Gen. of the House Presidential action on the bill If approvedassigned an RA number and transmitted to the House where it originated If vetoedmessage citing the reason for the veto is transmitted to the House where the bill originated May sign the bill into law or veto all or part of it Bill becomes law if within 30 days after receiving it, the President fails to sign or veto the bill The bill even if vetoed by the Presidentbecomes a law when Congress overrides the veto by 2/3 votes of all its members Action on approved bill Bill is reproduced and copies are sent to the Official Gazette Office for publication and distribution to the implementing agencies. Included in the annual compilation of Acts and Resolutions Action on vetoed bill The message is included in the Order of Business If Congress decides to override the vetoHouse and Senate shall proceed separately to reconsider the bill or the vetoed items of the bill vote of 2/3 of the members of each house for it to become a law

OVERVIEW OF THE PHILIPPINE JUDICIAL SYSTEM Four Levels of the National Court System Local and Regional trial courts National Court of Appeals (17 divisions) A 15-member Supreme Court An informal local system for arbitrating or mediating certain disputes outside the formal court system anticourt) Sandiganbayan (Govts anti-corruption court)hears criminal cases brought against senior officials. Courtjurisdiction over domestic and contractual relations Sharia Court among Muslim citizens, operates in some provinces in Mindanao Supreme Court Chief Justice and 14 Associate Justices Sit en banc or panels of 3,5 or 7 Selected by the President from the list of nominees submitted by the Philippine Judicial and Bar Council Only natural born citizens of the Philippines may hold a position or on any lower court Hold office only until the age of 70 Court Organ of the Government belonging to the Judicial Department Function is the application of laws to controversies brought before it Public administration of justice Department of Justice Department under the Executive branch Has supervisory power over all prosecutors and public defenders, NBI, Bureau of Immigration, Board of Pardons and Parole, and Bureau of Corrections Shares supervisory power with the DILG over BJMP Bar Bench Aggregate of lawyers whose Body of judges taken collectively names are included in the Roll of Attorneys in the Supreme Court Jurisprudence Refers to the philosophy of law or the science which treats of the principles of positive law and legal relations Aggregate of decisions issued by the Supreme Court which now form part of the legal doctrines of the land Judge Justices Presiding officers of the lower Judicial officers at the appellate trial courts and these includes court levels Municipal and City Courts, RTC and the Sharia Courts Court of Appeals, Sandiganbayan, Court of Tax Appeals, Supreme Court of the Philippines

Supreme Court Heads the Judicial branch of the Government Has supervisory power over all trial courts, Court of Appeals, Sandiganbayan and Court of Tax Appeals

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Hierarchy of Courts *Supreme Court Sandiganbayan, **Court of Appeals (formerly IAC), Court of Tax Appeals, *COA, *COMELEC RTC (720), Shariq District Court (5), **Quasi-Judicial Bodies (NLRC, PRC) Municipal Trial Courts, Sharia Circuit Court (51)
Municipal Trial Courts (MTC)1 court in 1 municipality (436) Municipal Circuit Trial Courts (MCTC)1 court in 2 or more municipalities (482) Metropolitan Trial Courts (MeTC)Municipal courts in Metro Manila (82) Municipal Trial Court in Cities (MTCC)courts in cities outside Metro Manila (124)

Jurisdiction of the Supreme Court As stated in 1987 Constitution Constitutionpower to revise, reverse,

modify or affirm on appeal/certiorari, final judgments and orders of lower court in all cases in which:

Constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction; Legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto; Jurisdiction of any lower court is in issue; All criminal cases in which the penalty imposed is reclusion perpetua or higher; Only an error or question of law is involved Original Appellate

Exclusive
Petitions for issuance of writs of certiorari, prohibition and mandamus against the ff: CA, COMELEC, COA, Sandiganbayan, and CTA

Nature of Appeal
From RTC or Sandiganbayan in all criminal cases, penalty imposed is reclusion perpetua, life imprisonment or reclusion perpetua to death

Concurrent
With CA, petitions for issuance of writs of certiorari, prohibition and mandamus against the ff: NLRC, CSC, Central Board of Assessment Appeals, CTA and Quasi-judicial Agencies, RTC and lower courts With CA and RTC, petitions for habeas corpus, quo warranto, writs of certiorari, prohibition and mandamus against the lower courts or bodies With RTC, actions affecting ambassadors, other public ministers and consuls

Automatic Review
From RTC or Sandiganbayan in all criminal cases where death penalty imposed

Jurisdiction Is the power and authority of a court to hear, try and decide a case Power constitutionally conferred upon a judge to take cognizance of and decide causes according to law and carry his sentence into execution Territorial Jurisdiction Power in relation to a Judges territory How Jurisdiction is acquired? Filing of the complaint, petition, or initiatory pleading before the court by the plaintiff or petitioner (Personal jurisdiction) Of the court over the defendant or respondentvoluntary appearance by the defendant or respondent to the court or by service of summons Of the court over the subject matterconferred by law Of the court over the res (thing)actual or constructive seizure Classification of Jurisdiction General Power to adjudicate all controversies except those expressly withheld by law Original Power to entertain suits instituted in the first instance Exclusive is that which has alone the power to try or determine the suit, action or matter in dispute Civil Subject-matter to be tried is not criminal in nature Limited or Specific Restricted power to adjudicate a particular case and subject to such limits as may be provided by the law Appellate Superior court has to bear appeals of causes which have been tried in inferior courts Concurrent is that which may be entertained by several courts Criminal Where the court is to punish crimes

Petition for Review on Certiorari

Appeals from CA Appeals from Sandiganbayan on pure questions of law, except cases where penalty imposed is reclusion perpetua, life imprisonment or death Appeals from RTC exercising original jurisdiction in SC Jurisdiction

Special Civil Action in Certiorari filed within 30 days

COMELEC, COA En Banc in the bench or full bench Session where the entire membership of a court will participate in the decision SC sit en banc or in 3 divisionsdecision has the same authority as that issued by the SC En banc

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SC En banc is NOT an Appellate Court of the SC Division Direct filing with the Court En banc while appeal is already filed is Forum Shopping Shoppingfiling of repetitious suits in different courts, it is committed when as a result of an adverse opinion in one forum, a party seeks a favorable opinion in another En Banc Cases Constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance or regulation is in question; Criminal cases in which the appealed decision imposes death penalty; Cases affecting ambassadors, other public ministers and consuls; Cases involving decisions, resolutions or orders of the CSC, COMELEC and COA Cases where penalty imposed is the dismissal of a judge, officer or employee of the judiciary, disbarment of a lawyer or either suspension of any of them for a period of more than 1 yr. or a fine exceeding 10 thousand or both; Cases where a doctrine or principle laid down by the Court En banc or in division may be modified or reversed; Cases assigned to a division which in the opinion of at least 3 members thereof merit the attention of the Court En banc and are acceptable to a majority of the actual membership of the court en banc and All other cases as the court en banc by a majority of its actual membership may deem of sufficient importance to merit its attention Supreme Court Resolutions Concurrence of at least 3 members of the division Supreme Court Minute Resolution It is a requirement of due process that the parties to a litigation to be informed of how it was decided, with an explanation of the factual and legal reasons that lead to the conclusions of the court. Jurisdiction of Court of Appeals Shall exercise its adjudicatory powers, functions and duties through its 17 divisions Sits en banc for the exercise of administrative, ceremonial and non-adjudicatory functions RA 824623 divisions in CA Matters Cognizable by the Court En Banc Operations and management of the court and its divisions Recommend to the SC appointment of clerk of court, assistant clerk of court, division clerks of court and court reporter Act on administrative matters upon the approval of SC Receive foreign and local dignitaries, important guests and visitors, honor a colleague or retiring members of the court Hold necrological services for its members who died in the office and honor retired member who died after retirement Adopt uniform administrative measures, procedures and policies Discuss and thresh out divergent views on a question of fact Take up administrative matters in which the Presiding Judge or any member may suggest for the inclusion in the agenda

Matters Cognizable by the Division Original Annulment of judgments of RTC Concurrent (with SC)-- Petitions for issuance of writs of certiorari, prohibition and mandamus against the ff: o o o o NLRC under Labor Code CSC Central Board of Assessment Appeals CTA and Quasi-judicial Agencies

Concurrent (SC and RTC) o Habeas corpus and quo warranto o writs of certiorari, prohibition and mandamus against the lower courts or bodies

Appellate Writ of Error o Appeals from RTC except appealable to SC o Appeals from RTC on constitutional tax, jurisdictional questions involving questions of fact which should be appealed first to CA o Appeals from decisions and orders of Family Court Petition for Review o Appeals from CSC o Appeals from RTC in cases appealed from MTC, MeTc, MCTC, which are not a matter of right o Appeals from CTA and quasi-judicial bodies such as Central Board of Assessment Appeals, SEC, Office of the President, Land Registration Authority, SSS, Civil Aeronautics Board, IPO, National Electrification Administration, ERB, NTC, DAR, GSIS, ECC, Agricultural Inventions Board, Insurance Commission, Phil. Atomic Energy Commission, Board of Investments, Construction Industry Arbitrary Commission, Voluntary Arbitrators authorized by law o Appeals from the National Commission for Indigenous People o Appeals from the Office of the Ombudsman in administrative and disciplinary cases Jurisdiction of the Sandiganbayan Exclusive Original Jurisdiction Anti-Graft and Corrupt Practices Act Officials of the executive branch occupying the positions of regional director or highergrade 27 or higher o Provincial governors, vice-governors, members of the sangguniang panlalawigan and provincial treasurers, assessors, engineers and other provincial department heads; o City mayors, vice-mayors, members of the sangguniang panglungsod, city treasurers, assessors, engineers and other provincial department heads; o Consul and higher; o Philippine army and air force colonels, naval captains and all other officers of higher rank; o Officers of PNPprovincial director, senior superintendent or higher; o City and provincial prosecutors and their assistants, and officials and prosecutors in the Office of the Ombudsman and Special Prosecutor; and o Presidents, directors or trustees or managers of government-owned or controlled corporations, state universities or educational institutions or foundations Members of Congress and officialsgrade 27 and up Members of the Judiciary

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Chairmen and members of the Constitutional Commissions All other national and local officialsgrade 27 or higher Violations on Plunder and the Anti-Money Laundering Act Other offenses or felonies whether simple or complexed with other crimes committed by the public officials and employees in relation to their office Civil and Criminal casesE.O. 1, 2, 14 and 14-A issued in 1986 Petitions for issuance of writs of certiorari, prohibition and mandamus, habeas corpus, injunction and other ancillary writs and processes in aid of its appellate jurisdiction including quo warranto

Violations of Dangerous Drugs Act of 1992 Intellectual property rights violations Violations to the Omnibus Election Code except those relating to the offense of failure to register or vote Libel cases Cases of money laundering committed by private persons except those in conspiracy with public officers which fall under the jurisdiction of the Sandiganbayan

** In case private individuals as charge as co-principals accomplishes or accessoriesthey shall be tried jointly with said public officers and employees in the proper courts which shall exercise exclusive jurisdiction over them Exclusive Appellate Jurisdiction Appeals from final judgments, resolutions or orders of RTC, not grade 27 or higher Jurisdiction of the Court of Tax Appeals Exclusive Appellate Appellate o Commissioner of Internal Revenue o Commissioner of Customs o Secretary of Finance Appellate Jurisdiction of the CTA Review decisions of the 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 Judgments or final orders of the Court are appealable to the CA within 15 days from the notice of judgment or final order or resolution or from the denial of the motion for new trial or reconsideration Jurisdiction Jurisdiction of the RTC Exclusive Original Jurisdiction Subject of litigation is incapable of pecuniary estimation Real property assesses value exceeds P20,000, civil actions in Metro Manila where such value exceeds P50,000 Actions in admiralty and maritime jurisdiction where the demand or claim exceeds P200,000 or in Metro Manila where such demand or claim exceeds P400,000 Matters of probate, testate and intestate, exceeds P200,000 or in probate matters in Metro Manila where such gross value exceeds P400,000 Actions involving the contract of marriage and marital relations Cases not within the exclusive jurisdiction of any court, tribunal, person or body of exercising judicial and quasijudicial functions Civil actions and special proceedings falling within the exclusive original jurisdiction of the Juvenile and Domestic Relations Court and the Court of Agrarian Relations Other cases in which demand exceeds P200,000 and in Metro Manila, demand exceeds P400,000 Jurisdiction in Criminal Cases Imprisonment of 6 years irrespective of fine except exclusive original jurisdiction of the Sandiganbayan (grade 27 or higher) Penalty exceeding P4,000 except offenses involving damage to property through criminal negligence which are under exclusive jurisdiction of MTC, MeTc, MCTC

Concurrent Jurisdiction With SC and CA o writs of certiorari, prohibition and mandamus against the lower courts o quo warranto and habeas corpus With SC o Ambassadors and public ministers Appellate Jurisdiction Over all cases decided by MTC, MeTC, MTCC and MCTC in their respective territorial jurisdictions Family Courts Criminal cases where one or more of the accused is below 18 but not less than 9 years old, minor at the time of the commission of the crime Petitions for guardianship, custody of children, habeas corpus in relation to the latter Petitions for adoption of children and the revocation thereof Complaints for annulment of marriage, nullity of marriage and those relating to marital status and property relations of husband and wife or those living together under different status and agreements and petitions of dissolution of conjugal partnership of gains Petitions for support and acknowledgement Judicial proceedingsFamily Code of the Philippines Petitions for declaration of status of children Petition for the constitution of the family home Cases against minors under the Dangerous Drugs Act RA 7610- Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act Cases of domestic violence against women and children Special Courts Heinous Crimes caseskidnapping, robbery in band, robbery against financial institutions, violation of AntiCarnapping Act of 1972 Intellectual Property Rights Violations SEC-related cases Agrarian cases Dangerous Drug Cases Jurisdiction of the Municipal Trial Court Original Jurisdiction Civil Civil actions and probate proceeding, testate and intestate Cases of forcible entry and unlawful detainer Possession of real property assessed value is P20,000 and in Metro Manila , assessed value is P50,000 Criminal All violations of city and municipal ordinances All offenses punishable not exceeding 6 years Election Cases All cases of inclusion and exclusion of voters in their respective municipalities Inclusion and exclusion cases and protests with respect to barangay elections

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 Offense of failure to register or failure to vote Election contest for barangay offices Delegated Jurisdiction MeTC, MTC, MCTC can be assigned by SC to hear and determine cadastral or land registration cases covering lots where there is no controversy or opposition and contested lots where the value of the land does not exceed P100,000 Preliminary Investigation Judges of MeTC, MTC, MCTCconduct preliminary investigation of crimes alleged to have been committed within their respective territorial jurisdictions, which are cognizable by the RTC Special Jurisdiction In the absence of RTC judges, any MeTC, MTC, MCTC judges may hear and decide petitions for a writ of habeas corpus or application for bail in criminal cases in the province or city Jurisdiction of the Sharia Court Code of Muslim Personal Laws of the Philippines Law Rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority Jural and concrete sense-- rule of conduct formulated and made obligatory by the legitimate power of the state 3 basic categories: 1. Statutory or Enacted Law Statutes/Ordinances- laws enacted by the Phil. Legislature Constitution- adopted by the people 2. Case Law decisions of Supreme Court, the courts and judicial bodies Stare Decisis- let the decision stand Jurisprudence or Judge MadeLaws Administrative 3. Administrative Law executive orders of the Pres. regulations issued by government regulatory agencies Purpose of Law keep peace shape moral standards promote social justice maintain the status quo facilitate orderly change facilitate planning provide basis for compromise maximize individual freedom 4 types of law for St. Thomas Aquinas eternal law- divine reason divine law- revealed word of God natural law- by reason human law- created for the purpose of carrying out natural law Aquinas philosophy of law law is nothing else than an ordinance of reason for the common good, promulgated by him who has the care of the community Theories of Law Classical Natural Law (Aquinas) Internal Morality of the Law (Lon Fuller) Classical Legal Positivism (Austin) H.L.A. Hart Legal Realism (Holmes) Llewellyn Dworkin

Sources of Philippine Laws Legislative Department (Statutes) Judiciary Department (Source of case or Common laws, Jurisprudence or Judge-made Laws) lawCommon law is law created by courts in the absence of enacted law Lawincludes not only the law created by courts in the Case Law absence of enacted law but also the law created when courts interpret or apply enacted law Executive Department (Rules and Regulations or Administrative Laws) o Power of subordinate legislationgrant of authority to create rules and regulations necessary to carry out law o IRR or Administrative Law Composed of rules, regulations, orders and decisions promulgated by the administrative agencies when carrying out their duties Quasi-legislatively Quasi-judicially Serves as a source of law in 4 ways 1. Treaties 2. E.O. to regulate and direct national agencies and officials 3. IRR 4. Municipal ordinances Hierarchy of Laws 1987 Constitution Statutes Re Implementing Rules and Regulations Court Decisions Civil Law System or Tradition Roman law heritage Philippines mainly follow this Common Law System and Tradition Taken on a variety of cultural forms throughout the world just like the civil law U.S. except Louisiana, Canada except Quebec Precedent Is an earlier court decision on an issue that applies to govern or guide a subsequent court in its determination of identical or similar issues based upon identical or similar facts Stare Decisis Court must follow a previous decision of a higher court in the jurisdiction when the decision involves issues and facts similar to those involved in the previous decision Functions of the Statutes Civil Law Core of the law General principles are systematically and exhaustively exposed in codes and particular statutes complete them Private Law Governs the relationships among individual citizens Common Law Complete the case law Judge-made laws that is found in judicial opinions

Public Law Governs the relationship between the state and the people

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Civil Law Governs issues between parties over private rights Compensatory damages (money) Injunction relief (ordered to act or refrain from acting in a certain way) Procedural law takes effect when citizens bring a dispute to the legal system

Criminal Law Is a suit that is brought by the government for violation or injury to public rights

Begins when law enforcement personnel anticipate that they will bring dispute into the legal system Procedural Law Law used to guide parties fairly and efficiently through the legal system Prescribes a method of enforcing rights of obtaining redress for the invasion of rights

Classifications of Actions 1. Real o Protection of real rights o Recovery of lands, tenements, or one founded on privity of estate only 2. Personal o Recovery for goods and chattels o Recovery for damages or other redress for breach of contract 3. Mixed o Brought for protection or recovery of real property and also for an award for damages sustained In Rem Action In Personam Action Directed against the thing itself Binding upon the whole world Ex.: land registration Directed a particular person on the basis of his liability to establish a claim against him Ex.: breach of contract Directed to a particular person but the purpose is to bar and bid not only said person but any other person who claims any interest in the property or right subject of the suit Ex.: judicial foreclosure of mortgage

Substantative Law Law that creates and resolves the issues between the parties Creates, defines and regulates rights

Types of Procedural Law 1. Rules of Civil Procedure 2. Rules of Criminal Procedure 3. Rules of Evidence Jurisdiction Refers to the authority to hear and determine a case A matter of substantive law Established a relation between the court and subject matter Fixed by law and cannot be conferred by the parties Venue Refers to the place or the court where the case is to be tried and heard A matter of procedural law Established a relation between plaintiff and defendant or petitioner and respondent May be conferred by the act or agreement of the parties

Quasi In Rem Action

How Jurisdiction is Acquired? 1. Over the plaintiff or petitionerfiling the complaint, petition or initatory pleading before the court by the plaintiff or petitioner 2. Over defendant or respondentvoluntary appearance by the defendant or respondent to the court or by service of summons 3. Over the subject matterconferred by the law 4. Over the res (thing)actual or constructive seizures Payment of Docket Fee is Jurisdictional Need of such fee for the court to acquire jurisdiction A case is deemed filed ONLY upon payment of the docket fee regardless of the actual date of filing of the case in court Indispensable step for the perfection of an appeal Essential requirement without which the decision appealed from would become final and executor as if no appeal was filed at all Trier Supreme Court is not a Trier of Facts Hierarchyfactual questions Action Ordinary suit in a court of justice by which one party executes another for the enforcement and protection of a right, or a prosecution or redress of a wrong

Transitory Action Venue depends upon residence of the parties Civil Action

the

Local Action Instituted in a particular place in the absence of an agreement to the contrary Criminal Action Prosecutes a person for an act or omission punishable by law

Is one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong

Proceedingsremedy by which a party seeks to establish a Special Proceedings status, a right or a particular fact Causes of Actions Act or omission by which a party violates a right of another A party may NOT institute more than one suit for a single cause of action 2 elements 1. Plaintiffs primary right and defendants corresponding dutyperson, character, property or contract 2. Delict or wrongful act/ omission of the defendant by which the primary right and duty have been violated Right of Action Right to commence and maintain an action Springs from cause of action but does not accrue until all the facts which constitute the cause of action have occurred

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Classifications of Parties 1. Real Party in Interest Stands to b benefited or injured by the judgment in the suit Party entitled to the avails of the suit 2. Indispensable Party A person without whom no final determination can be had of an action 3. Proper Party Not indispensable but ought to be joined in the party if complete relief is to be accorded 4. Pro Forma Party Husband and wife who is required to be joined in suits by or against his spouse Quasi5. Quasi-Parties Those in whose behalf a class or representative is bought Representatives 6. Representatives as Parties Someone acting in fudiciary capacity 7. Indigent Party 8. Class Suit Subject matter of the controversy is one of common or general interest to numerous person that it is impractical to join all the parties Kinds of Pleadings Pleadings defined Written statements of the respective claims and defenses of the parties submitted to the court for appropriate judgement 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. omplaint Complaintalleging the plaintiffs cause of action Answerdefendant sets forth his defense nswer er Defenses Counterclaim counterCompulsory counter-claim Cross claim ountercounter-crossCounter-counterclaims and counter-cross-claims Reply hirdThird-party complaint pa Bringing new parties thirdAnswer to third-party complaint

Parts of Pleadings 1. Caption 2. Body 3. Signature and address 4. Verification 5. Certification against forum shopping

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