Freedom Constitution adopted in

toto the provisions of:

1.
2.
3.
4.

Article 1 (national territory)

Article III (Citizenship)
Article IV (Bill of Rights)
Article V (Duties and Obligations
of Citizens)
5. Article VI (suffrage)
Of the 1973 Constitution

1810-1813; 1820-1823; 1834-1837;

The Philippines has representation in
the Spanish Cortes
Treaty of Paris of 1898- marked the
commencement of constitutionalism in
the country.
Malolos Constitution of 1899Approved on: November 29, 1898
Promulgated on: Jan. 21, 1899

Proclamation no. 3 of Aquinopromulgated a provisional constitution

Proclamation No. 9- calling for a
new constitution and creation of
consti. Commission of 1986
Goals
of
national
economyequitable distribution of opportunities,
income,
and
wealth;
sustained
increase in the amount of goods and
services produced by the nation for
the benefit of the people; expanding
productivity as the key to raising the
quality of life for all, especially the
underprivilege.
Composition of Statutory Law1. 1987 Constitution
2. Treaties
and
International
Agreements
3. Statutes
enacted
by
the
legislature
4. Administrative
Rules
and
Regulations
5. Ordinances enacted by the
Autonomous Regions
6. Ordinances enacted by Local
Government Units
Spanish Constitution became effective
on the Philippines on:

Prior to Malolos- Cartilla and the

Sanggunian-Hukuman
1896;
Provisional Consti of Biak na Bato
1897 by Isabelo Artacho and Felix
Ferrer; Consti of Luzon by Gen.
Francisco
Macabulos;
Provisional
Consti of Mariano Ponce in Hongkong.
Admiral Dewey- won over the
Spanish armada in the battle of Manila
Bay then captured Manila.
Sources of Law:
a. Statutes or statutory Laws
i. Constitution
legislative
enactments
b. Jurisprudence or case law

and

Sources of Muslim Law:

a. Quran, Sunnaqh, Ijma
and Qiyas
b. New sources, but rejected
by someby Jainal D.
Razul:
i. Istihsan or juristic
preference;
AlMasalih;
Al
Mursalah or public
interest; Istidlal or
custom
and

Istishab
or
deduction
based
on continuity or
permanence
Classification of Legal Sources:
a. Classification by Authority
a. Primary
Sources/Authority- only
authority which binds
courts
i. Mandatory
Primary
authoritylaw
created
by
the
jurisdiction
in
which
the
law
operates like the
Philippines.
Laws
created
by
3
branches of gov.
ii. Persuasive
Mandatory
Authoritylaw
created by other
jurisdictions
but
which
have
persuasive value to
our courts
b. Secondary
Authority/sourcesexplain and discuss or
comment
on
primary
authorities

i. Commentaries or
books-Arturo
Tolentino on Civil
Law; Bernas on
Consti;
Perfecto
Fernandez
on
Labor Law; Vicente
Abad Santos in PIL
ii. Treatise
iii. Writings
iv. Journal articles
b. Classification by Source
a. Primary
Sourcespublished by the issuing
agency itsef or the official
repository:
Official
Gazette,
Philippine
Reports
b. Secondary
Sourcesunofficial sources and
generally referred to as
those
commercially
published or those that
are not published by
government agencies or
instrumentalities:
Vital
legal
documents
by
Central
Book
Supply,
SCRA
c. Classification by Character