I.

Introduction to Legal Research

A. Definition of Legal Research
It is the process of finding the law, rules and regulations that govern activities of human society.
It is also defined as the investigation for information necessary to support legal decision
making.
B. Importance of Legal Research
To provide competent representation and uphold the standards of the legal profession
(requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for
representation.)
C. Sources of Legal Research
Involves the use of a variety of printed and electronic sources. (constitution, statutes, court
decisions, administrative rules and scholarly commentaries)
D. Sources of Law
1. Primary Sources - recorded laws and rules which will be enforced by state
(E.g. legislative actions, codes, statutes, judicial decisions, administrative laws (IRR))
2. Secondary Sources - publications that discuss or analyze legal doctrine
(E.g. treatises, commentaries, encyclopedias, legal writings (Academic Journals, IBP
Journal & Lawyers Review))
3. Finding Tools
(E.g. SCRA Quick-Index Digest, Phil Juris & Lex Libris)

II.

Introduction to Philippine Law

A. Historical Evolution of Philippine Law
1. Pre-Spanish
2. Spanish
3. American
4. Japanese
5. Philippine Republic
6. Martial Law
7. Republic Revival
B. Overview of the Philippine Legal System
1. Executive
President
Section 1, Article VII, The 1987 Constitution
The executive power shall be vested in the President of the Philippines.

Marcos v. Manglapus, 177 SCRA 668

Powers of the President - Although the 1987 Constitution imposes limitations on the exercise of specific
powers of the President, it maintains intact what is traditionally considered as within the scope of
"executive power ". The powers of the President cannot be said to be limited only to the specific powers
enumerated in the Constitution. Whatever power inherent in the government that is neither legislative
nor judicial has to be executive.

Section 2, Article VII, The 1987 Constitution

No person may be elected President unless he is a natural-born citizen of the Philippines, a
registered voter, able to read and write, at least forty years of age on the day of the
election, and a resident of the Philippines for at least ten years immediately preceding such
election.

David v. Arroyo, 489 SCRA 160

Delegation of Emergency Powers to the President - The president cannot validly order the taking over of
private corporations or institutions such as the Daily Tribune without any authority from Congress. On the
other hand, the word emergency contemplated in the constitution is not limited to natural calamities but
rather it also includes rebellion. The SC made a distinction; the president can declare the state of national
emergency but her exercise of emergency powers does not come automatically after it for such exercise
needs authority from Congress. The authority from Congress must be based on the following:
1.
2.
3.
4.

There must be a war or other emergency.

The delegation must be for a limited period only.
The delegation must be subject to such restrictions as the Congress may prescribe.
The emergency powers must be exercised to carry out a national policy declared by Congress.

The President's declaration of state rebellion was merely an act declaring a status or conduction of a
public moment of interest. State of national emergency, however, is the prerogative of the President. Her
exercise of emergency powers such as the taking over of privately owned utility requires delegation from
the Congress, which is entirely different from the martial law.

Section 18, Article VII, The 1987 Constitution

The President shall be the Commander-in-Chief of all armed forces of the Philippines and
whenever it becomes necessary, he may call out such armed forces to prevent or suppress
lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety
requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of
habeas corpus or place the Philippines or any part thereof under martial law. Within fortyeight hours from the proclamation of martial law or the suspension of the privilege of the
writ of habeas corpus, the President shall submit a report in person or in writing to the
Congress. The Congress, voting jointly, by a vote of at least a majority of all its Members in
regular or special session, may revoke such proclamation or suspension, which revocation
shall not be set aside by the President. Upon the initiative of the President, the Congress
may, in the same manner, extend such proclamation or suspension for a period to be
determined by the Congress, if the invasion or rebellion shall persist and public safety
requires it.
The Congress, if not in session, shall, within twenty-four hours following such proclamation
or suspension, convene in accordance with its rules without need of call.
The Supreme Court may review, in an appropriate proceeding filed by any citizen, the
sufficiency of the factual basis of the proclamation of martial law or the suspension of the
privilege of the writ or the extension thereof, and must promulgate its decision thereon
within thirty days from it filing.

A state of martial law does not suspend the operation of the Constitution, nor supplant the
functioning of the civil courts or legislative assemblies, nor authorize the conferment of
jurisdiction on military courts and agencies over civilians where civil courts are able to
function, nor automatically suspend the privilege of the writ.
The suspension of the privilege of the writ shall apply only to persons judicially charged for
rebellion or offenses inherent in or directly connected with invasion.
During the suspension of the privilege of the writ, any person thus arrested or detained shall
be judicially charged within three days, otherwise he shall be released.
Vice President
Section 3, Article VII, The 1987 Constitution
There shall be a Vice-President who shall have the same qualifications and term of office
and be elected with and in the same manner as the President. He may be removed from
office in the same manner as the President.
The Vice-President may be appointed as a Member of the Cabinet. Such appointment
requires no confirmation.
Department and Bureaus
Section 17, Article VII, The 1987 Constitution
The President shall have control of all the executive departments, bureaus and offices. He
shall ensure that the laws be faithfully executed.
Doctrine of qualified political agency or alter ego principle means that the acts of the
secretaries of the Executive departments performed and promulgated in the regular course
of business are presumptively the acts of the Chief Executive. (Villena v. Secretary of the
Interior, G.R. No. L46570, April 21, 1939)
2. Legislative
Section 1, Article VI, The 1987 Constitution
The legislative power shall be vested in the Congress of the Philippines which shall consist
of a Senate and a House of Representatives, except to the extent reserved to the people by
the provision on initiative and referendum.

Section 26, Article VI, The 1987 Constitution

(1)Every bill passed by the Congress shall embrace only one subject which shall be
expressed in the title thereof.
(2)No bill passed by either House shall become a law unless it has passed three readings on
separate days, and printed copies thereof in its final form have been distributed to its
Members three days before its passage, except when the President certifies to the necessity
of its immediate enactment to meet a public calamity or emergency. Upon the last reading
of a bill, no amendment thereto shall be allowed, and the vote thereon shall be taken
immediately thereafter, and the yeas and nays entered in the Journal.

Section 27, Article VI, The 1987 Constitution

(1)Every bill passed by the Congress shall, before it becomes a law, be presented to the
President. If he approves the same, he shall sign it; otherwise, he shall veto it and return the
same with his objections to the House where it originated, which shall enter the objections
at large in its Journal and proceed to reconsider it. If, after such reconsideration, two-thirds
of all the Members of such House shall agree to pass the bill, it shall be sent, together with
the objections, to the other House by which it shall likewise be reconsidered, and if approved
by two-thirds of all the Members of that House, it shall be come a law. In all such cases, the
votes of each House shall be determined by yeas or nays, and the names of the Members
voting for or against shall be entered in its Journal. The President shall communicate his veto
of any bill to the House where it originated within thirty days after the date of receipt
thereof; otherwise, it shall become a law as if he had signed it.
(2)The President shall have the power to veto any particular item or items in an
appropriation, revenue, or tariff bill, but the veto shall not affect the item or items to which
he does not object.
Tio v. Videogram Regulatory Board, 151 SCRA 280
Validity of law; title of bill The Constitutional requirement that "every bill shall embrace only one subject
which shall be expressed in the title thereof" is sufficiently complied with if the title be comprehensive
enough to include the general purpose which a statute seeks to achieve. It is not necessary that the title
express each and every end that the statute wishes to accomplish. The requirement is satisfied if all the
parts of the statute are related, and are germane to the subject matter expressed in the title, or as long as
they are not inconsistent with or foreign to the general subject and title.
Senate of the Philippines
Section 2, Article VI, The 1987 Constitution
The State shall be composed of twenty-four Senators who shall be elected at large by the
qualified voters of the Philippines, as may be provided by law.
House of Representatives
Section 5, Article VI, The 1987 Constitution
(1)The House of Representatives shall be composed of not more than two hundred and fifty
members, unless otherwise fixed by law, who shall be elected from legislative districts
apportioned among the provinces, cities, and the Metropolitan Manila area in accordance
with the number of their respective inhabitants, and on the basis of a uniform and
progressive ration, and those who, as provided by law, shall be elected through a party-list
system of registered national, regional, and sectoral parties or organizations.
(2) The party-list representatives shall constitute twenty per centum of the total number of
representatives including those under the party-list. For three consecutive terms after the
ratification of this Constitution, one-half of the seats allocated to party-list representatives
shall be filled, as provided by law, by selection or election from the labor, peasant, urban
poor, indigenous cultural communities, women, youth, and such other sectors as may be
provided by law, except the religious sector.
(3) Each legislative district shall comprise, as far as practicable, contiguous, compact, and
adjacent territory. Each city with a population of at least two hundred fifty thousand, or
each province, shall have at least one representative.

(4) Within three years following the return of every census, the Congress shall make a
reapportionment of legislative districts based on the standards provided in this section.
3. Judiciary
Section 5, Article VIII, The 1987 Constitution
The Supreme Court shall have the following powers:
(1) Exercise original jurisdiction over cases affecting ambassadors, other public ministers and
consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas
corpus.
(2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules
of Court may provide, final judgments and orders of 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.
(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.
(e) All cases in which only an error or question of law is involved.
(3) Assign temporarily judges of lower courts to other stations as public interest may require.
Such temporary assignment shall not exceed six months without the consent of the judge
concerned.
(4) Order a change of venue or place of trial to avoid a miscarriage of justice.
(5) Promulgate rules concerning the protection and enforcement of constitutional rights,
pleading, practice, and procedure in all courts, the admission to the practice of law, the
Integrated Bar, and legal assistance to the underprivileged. Such rules shall provide a
simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for
all courts of the same grade, and shall not diminish, increase, or modify substantive rights.
Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless
disapproved by the Supreme Court.
(6) Appoint all officials and employees of the Judiciary in accordance with the Civil Service
Law.
Supreme Court
Section 1, Article VIII, The 1987 Constitution
The judicial power shall be vested in one Supreme Court and in such lower courts as may be
established by law.

Judicial power includes the duty of the courts of justice to settle actual controversies
involving rights which are legally demandable and enforceable, and to determine whether or
not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on
the part of any branch or instrumentality of the Government.
Court of Appeals
Section 9, Batas Pambansa Blg. 129 as amended by Republic Act No. 7902
Jurisdiction. The Court of Appeals shall Exercise:
1. Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas corpus,
and quo warranto, and auxiliary writs or processes, whether or not in aid of its appellate
jurisdiction;
2. Exclusive original jurisdiction over actions for annulment of judgements of Regional Trial
Courts; and
3. Exclusive appellate jurisdiction over all final judgements, resolutions, orders or awards of
Regional Trial Courts and quasi-judicial agencies, instrumentalities, boards or commission,
including the Securities and Exchange Commission, the Social Security Commission, the
Employees Compensation Commission and the Civil Service Commission, Except those falling
within the appellate jurisdiction of the Supreme Court in accordance with the Constitution,
the Labor Code of the Philippines under Presidential Decree No. 442, as amended, the
provisions of this Act, and of subparagraph (1) of the third paragraph and subparagraph 4 of
the fourth paragraph of Section 17 of the Judiciary Act of 1948.
The court of Appeals shall have the power to try cases and conduct hearings, receive
evidence and perform any and all acts necessary to resolve factual issues raised in cases
falling within its original and appellate jurisdiction, including the power to grant and
conduct new trials or Appeals must be continuous and must be completed within three (3)
months, unless extended by the Chief Justice. (as amended by R.A. No. 7902.)
Sandiganbayan
Section 4, Article XI, The 1987 Constitution
The present anti-graft court known as the Sandiganbayan shall continue to function and
exercise its jurisdiction as now or hereafter may be provided by law.
Court of Tax Appeals
Section 7, Republic Act No. 1125 as amended by republic Act No. 9282
Jurisdiction. - The Court of Tax Appeals shall exercise exclusive appellate jurisdiction to
review by appeal, as herein provided.
(1) Decisions of the Collector of Internal Revenue in cases involving disputed assessments,
refunds of internal revenue taxes, fees or other charges, penalties imposed in relation
thereto, or other matters arising under the National Internal Revenue Code or other law or
part of law administered by the Bureau of Internal Revenue;
(2) Decisions of the Commissioner of Customs in cases involving liability for customs duties,
fees or other money charges; seizure, detention or release of property affected fines,

forfeitures or other penalties imposed in relation thereto; or other matters arising under the
Customs Law or other law or part of law administered by the Bureau of Customs; and
(3) Decisions of provincial or city Boards of Assessment Appeals in cases involving the
assessment and taxation of real property or other matters arising under the Assessment
Law, including rules and regulations relative thereto.
Regional Trial Courts
Metropolitan Trial Courts, Municipal Trial Courts in cities, Municipal Trial Courts, and
Municipal Circuit Trial Courts
4. Quasi Judicial Agencies
5. Constitutional Commissions
Civil Service Commission
Commission on Elections
Commission on Audit
6. Local Governments
III.

Sources of Law
Law - A rule of conduct, just and obligatory, promulgated by legitimate authority for the common
observance and benefit.
A. Sources of Law
1. Primary Sources of Law recorded laws and rules enforced by the state
a. Constitution

Article 7, The New Civil Code (NCC)

Laws are repealed only be subsequent ones, and their violation or non-observance shall not
be excused by disuse, or custom or practice to the contrary.
When the courts declared a law to be inconsistent with the Constitution, the former shall be
void and the latter shall govern.
Administrative or executive acts, orders and regulations shall be valid only when they are
not contrary to the laws or the Constitution.

Angara v. Electoral Commission, G.R. No. L-45081, July 15, 1936

Doctrine of Supremacy of the Constitution - The Constitution itself has provided for the instrumentality of
the judiciary as the rational way. When the judiciary mediates to allocate constitutional boundaries, it does
not assert any superiority over the other departments; it does not in reality nullify or invalidate an act of
the legislature, but only asserts the solemn and sacred obligation assigned to it by the Constitution to
determine conflicting claims of authority under the Constitution and to establish for the parties in an actual
controversy the rights which that instrument secures and guarantees to them. This is in truth all that is
involved in what is termed "judicial supremacy" which properly is the power of judicial review under the
Constitution.

Statutes or Statutory Law

Statutes - A written will of the legislature expressed according to the form necessary to constitute
it a law of the state and rendered authentic by certain prescribed forms and solemnities.
i.
-

STATUES OF LEGISLATIVE ENACTMENT

Enactment of Laws
Repeal and amendment of laws
Presumption of validity

Declaration of unconstitutionality

De Agbayani v. PNB, 28 SCRA 429

Doctrine of Operative Fact - a legislative or executive act, prior to its being declared as unconstitutional by
the courts, is valid and must be complied with.
When the courts declare a law to be inconsistent with the Constitution, the former shall be void and the
latter shall govern. Administrative or executive acts, orders and regulations shall be valid only when they
are not contrary to the laws of the Constitution. It is understandable why it should be so, the Constitution
being supreme and paramount. Any legislative or executive act contrary to its terms cannot survive.

Such a view has support in logic and possesses the merit of simplicity. It may not however be sufficiently
realistic. It does not admit of doubt that prior to the declaration of nullity such challenged legislative or
executive act must have been in force and had to be complied with. This is so as until after the judiciary, in
an appropriate case, declares its invalidity, it is entitled to obedience and respect. Parties may have acted
under it and may have changed their positions. What could be more fitting than that in a subsequent
litigation regard be had to what has been done while such legislative or executive act was in operation and
presumed to be valid in all respects. It is now accepted as a doctrine that prior to its being nullified, its
existence as a fact must be reckoned with. This is merely to reflect awareness that precisely because the
judiciary is the governmental organ which has the final say on whether or not a legislative or executive
measure is valid, a period of time may have elapsed before it can exercise the power of judicial review that
may lead to a declaration of nullity. It would be to deprive the law of its quality of fairness and justice then,
if there be no recognition of what had transpired prior to such adjudication.
In the language of an American Supreme Court decision: The actual existence of a statute, prior to such a
determination [of unconstitutionality], is an operative fact and may have consequences which cannot
justly be ignored. The past cannot always be erased by a new judicial declaration. The effect of the
subsequent ruling as to invalidity may have to be considered in various aspects, with respect to particular
relations, individual and corporate, and particular conduct, private and official.
-

Effectivity of Laws
Article 2, The New Civil Code (NCC)
Laws shall take effect after fifteen days following the completion of their publication in the
Official Gazette, unless it is otherwise provided

Article 3, The New Civil Code (NCC)

Ignorance of the law excuses no one from compliance therewith. (2)

Article 7, The New Civil Code (NCC)

Laws are repealed only by subsequent ones, and their violation or non-observance shall not
be excused by disuse, or custom or practice to the contrary.
When the courts declared a law to be inconsistent with the Constitution, the former shall be
void and the latter shall govern.
Administrative or executive acts, orders and regulations shall be valid only when they are
not contrary to the laws or the Constitution.

Article 8, The New Civil Code (NCC)

Judicial decisions applying or interpreting the laws or the Constitution shall form part of the
legal system of the Philippines.

Taada v. Tuvera, G.R. No. 63915, December 29, 1986

Publication - The clause unless it is otherwise provided refers to the date of effectivity and not to the
requirement of publication itself, which cannot in any event be omitted. This clause does not mean that
the legislature may make the law effective immediately upon approval, or in any other date, without its
previous
publication.

Laws should refer to all laws and not only to those of general application, for strictly speaking, all laws
relate to the people in general albeit there are some that do not apply to them directly. A law without any
bearing on the public would be invalid as an intrusion of privacy or as class legislation or as an ultra vires
act of the legislature. To be valid, the law must invariably affect the public interest eve if it might be
directly applicable only to one individual, or some of the people only, and not to the public as a whole.
All statutes, including those of local application and private laws, shall be published as a condition for their
effectivity, which shall begin 15 days after publication unless a different effectivity date is fixed by the
legislature.
Publication must be in full or it is no publication at all, since its purpose is to inform the public of the
content of the law.
Honasan II v. The Panel of Investigating Prosecutors of the Department of Justice, G.R. No. 159747, April
13, 2004
Publication - The only circulars and regulations which prescribe a penalty for its violation should be
published before becoming effective. People vs. Que Po Lay, 94 Phil. 640 (1954)
Interpretative regulations and those merely internal in nature, that is regulating only the personnel of the
administrative agency and not the public, need not be published. Neither is publication required of the so
called letters of instructions issued by the administrative superiors concerning the rules on guidelines to be
followed by their subordinates in performance of their duties. Taada V. Tuvera, 146 Scra 453 (1986)

Tawang Multipurpose Cooperative v. La Trinidad Water District, G.R. No. 166471, March 22, 2011
Constitutional Supremacy - When the law is clear, there is nothing for the courts to do but to apply it. In
case of conflict between the Constitution and a statute, the Constitution always prevails because the
Constitution is the basic law to which all other laws must conform to. The duty of the Court is to uphold
the Constitution and to declare void all laws that do not conform to it.

ii.

EXECUTIVE/PRESIDENTIAL AND OTHER ISSUEANES OF THE DIFFERENT GOVERNMENT

AGENCIES INCLUDING GOCCS
-

Section 1, Chapter 1, Book III, Administrative Code

Power of Control.The President shall have control of all the executive departments,
bureaus, and offices. He shall ensure that the laws be faithfully executed.

Chapter 2, Book III, Administrative Code

ORDINANCE POWER
SECTION 2. Executive Orders.Acts of the President providing for rules of a general or
permanent character in implementation or execution of constitutional or statutory powers
shall be promulgated in executive orders.
SECTION 3. Administrative Orders.Acts of the President which relate to particular aspects
of governmental operations in pursuance of his duties as administrative head shall be
promulgated in administrative orders.
SECTION 4. Proclamations.Acts of the President fixing a date or declaring a status or
condition of public moment or interest, upon the existence of which the operation of a
specific law or regulation is made to depend, shall be promulgated in proclamations which
shall have the force of an executive order.
SECTION 5. Memorandum Orders.Acts of the President on matters of administrative detail
or of subordinate or temporary interest which only concern a particular officer or office of
the Government shall be embodied in memorandum orders.
SECTION 6. Memorandum Circulars.Acts of the President on matters relating to internal
administration, which the President desires to bring to the attention of all or some of the
departments, agencies, bureaus or offices of the Government, for information or
compliance, shall be embodied in memorandum circulars.
SECTION 7. General or Special Orders.Acts and commands of the President in his capacity
as Commander-in-Chief of the Armed Forces of the Philippines shall be issued as general or
special orders.

Section 7, Chapter 2, Book IV, Administrative Code

SECTION 7. Powers and Functions of the Secretary.The Secretary shall:

(1) Advise the President in issuing executive orders, regulations, proclamations and other
issuances, the promulgation of which is expressly vested by law in the President relative to
matters under the jurisdiction of the Department;
(2) Establish the policies and standards for the operation of the Department pursuant to the
approved programs of government;
(3) Promulgate rules and regulations necessary to carry out department objectives, policies,
functions, plans, programs and projects;
(4) Promulgate administrative issuances necessary for the efficient administration of the
offices under the Secretary and for proper execution of the laws relative thereto. These
issuances shall not prescribe penalties for their violation, except when expressly authorized
by law;
(5) Exercise disciplinary powers over officers and employees under the Secretary in
accordance with law, including their investigation and the designation of a committee or
officer to conduct such investigation;
(6) Appoint all officers and employees of the Department except those whose appointments
are vested in the President or in some other appointing authority; Provided, However, that
where the Department is regionalized on a department-wide basis, the Secretary shall
appoint employees to positions in the second level in the regional offices as defined in this
Code;
(7) Exercise jurisdiction over all bureaus, offices, agencies and corporations under the
Department as are provided by law, and in accordance with the applicable relationships as
specified in Chapters 7, 8, and 9 of this Book;
(8) Delegate authority to officers and employees under the Secretarys direction in
accordance with this Code; and
(9) Perform such other functions as may be provided by law.
-

Section 50, Chapter 11, Book IV, Administrative Code

SECTION 50. General Classification of Issuances.The administrative issuances of
Secretaries and heads of bureaus, offices or agencies shall be in the form of circulars or
orders.
(1) Circulars shall refer to issuances prescribing policies, rules and regulations, and
procedures promulgated pursuant to law, applicable to individuals and organizations
outside the Government and designed to supplement provisions of the law or to provide
means for carrying them out, including information relating thereto; and
(2) Orders shall refer to issuances directed to particular offices, officials, or employees,
concerning specific matters including assignments, detail and transfer of personnel, for
observance or compliance by all concerned.

iii.

TREATIES AND INTERNATIONAL AGREEMENTS

Section 2, Article II, The 1987 Constitution

The Philippines renounces war as an instrument of national policy, adopts the generally
accepted principles of international law as part of the law of the land and adheres to the
policy of peace, equality, justice, freedom, cooperation, and amity with all nations.

Section 21, Article VII, the 1987 Constitution

No treaty or international agreement shall be valid and effective unless concurred in by at
least two-thirds of all the Members of the Senate.

Pharmaceutical and Healthcare Association of the Philippines v. Duque, G.R. No. 173034, October 9,
2007
Doctrine of Incorporation and Doctrine of Transformation - Under the 1987 Constitution, international law
can become part of the sphere of domestic law either by transformation or incorporation; Treaties become
part of the law of the land through transformation pursuant to Art. VII, Sec. 21 of the Constitution.
Transformation method requires that an international law be transformed into a domestic law through a
constitutional mechanism such as local legislation. Generally accepted principles of law, Sec.2, Art. II of the
Constitution, whereby the Philippines adopts the generally accepted principles of international law as part
of the law of the land, embodies the incorporation method. The incorporation method applies when, by
mere constitutional declaration, international is deemed to have the force of domestic law.
iv.

ADMINISTRATIVE RULES AND REGULATIONS

Covered by this rule are presidential decrees and executive orders promulgated by the
President in the exercise of legislative powers whenever the same are validly delegated by
the legislature or, at present, directly conferred by the Constitution. Administrative rules and
regulations must also be published if their purpose is to enforce or implement existing law
pursuant also to a valid delegation. (Tanda v. Tuvera, 1986)

v.

LOCAL ORDINANCES AND RESOLUTIONS

Section 1, Article X, The 1987 Constitution

The territorial and political subdivisions of the Republic of the Philippines are the provinces,
cities, municipalities, and barangays. There shall be autonomous regions in Muslim
Mindanao and the Cordilleras as hereinafter provided.

Bayan Muna v. Romulo, G.R. No. 159618, February 1, 2011

Agreement between heads of states - An "exchange of notes" is a record of a routine agreement, that has
many similarities with the private law contract. The agreement consists of the exchange of two documents,
each of the parties being in the possession of the one signed by the representative of the other. Under the
usual procedure, the accepting State repeats the text of the offering State to record its assent. The
signatories of the letters may be government Ministers, diplomats or departmental heads. The technique
of exchange of notes is frequently resorted to, either because of its speedy procedure, or, sometimes, to
avoid the process of legislative approval.
In another perspective, the terms "exchange of notes" and "executive agreements" have been used
interchangeably, exchange of notes being considered a form of executive agreement that becomes binding
through executive action. On the other hand, executive agreements concluded by the President
"sometimes take the form of exchange of notes and at other times that of more formal documents
denominated agreements or protocols.
Article 2 of the Vienna Convention on the Law of Treaties defines a treaty as "an international agreement
concluded between states in written form and governed by international law, whether embodied in a
single instrument or in two or more related instruments and whatever its particular designation."
International agreements may be in the form of (1) treaties that require legislative concurrence after
executive ratification; or (2) executive agreements that are similar to treaties, except that they do not
require legislative concurrence and are usually less formal and deal with a narrower range of subject
matters than treaties.
Under international law, there is no difference between treaties and executive agreements in terms of
their binding effects on the contracting states concerned, as long as the negotiating functionaries have
remained within their powers. Neither, on the domestic sphere, can one be held valid if it violates the
Constitution. Authorities are, however, agreed that one is distinct from another for accepted reasons apart
from the concurrence-requirement aspect. As has been observed by US constitutional scholars, a treaty
has greater "dignity" than an executive agreement, because its constitutional efficacy is beyond doubt, a
treaty having behind it the authority of the President, the Senate, and the people; a ratified treaty, unlike
an executive agreement, takes precedence over any prior statutory enactment.

Section 2, Article X, The 1987 Constitution

The territorial and political subdivisions shall enjoy local autonomy.

Magtajas v. Pryce Properties, 234 SCRA 255

Ordinances vs. Statutes - Ordinances should not contravene a statute is obvious. Municipal governments
are only agents of the national government. Local councils exercise only delegated legislative powers
conferred on them by Congress as the national lawmaking body. The delegate cannot be superior to the
principal or exercise powers higher than those of the latter. It is a heresy to suggest that the local
government units can undo the acts of Congress, from which they have derived their power in the first
place, and negate by mere ordinance the mandate of the statute.

Section 16, Local Government Code (LGC)

General Welfare. Every local government unit shall exercise the powers expressly granted,
those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental
for its efficient and effective governance, and those which are essential to the promotion of
the general welfare. Within their respective territorial jurisdictions, local government units
shall ensure and support, among other things, the preservation and enrichment of culture,
promote health and safety, enhance the right of the people to a balanced ecology,
encourage and support the development of appropriate and self-reliant scientific and
technological capabilities, improve public morals, enhance economic prosperity and social
justice, promote full employment among their residents, maintain peace and order, and
preserve the comfort and convenience of their inhabitants.

City of Manila v. Laguio, G.R. No. 118127, April 12, 2005

White Light Corporation v. City of Manila, G.R. No. 122846, January 20, 2009
Test of a Valid Ordinance - A long line of decisions has held that for an ordinance to be valid, it must not
only be within the corporate powers of the local government unit to enact and must be passed according
to the procedure prescribed by law, it must also conform to the following substantive requirements:
(1) must not contravene the Constitution or any statute;
(2) must not be unfair or oppressive;
(3) must not be partial or discriminatory;
(4) must not prohibit but may regulate trade;
(5) must be general and consistent with public policy; and
(6) must not be unreasonable.
The Ordinance was passed by the City Council in the exercise of its police power, an enactment of the City
Council acting as agent of Congress. This delegated police power is found in Section 16 of the Local
Government Code, known as the general welfare clause.
b. Case Law or Jurisprudence
Case Law - the decisions, interpretations made by judges while deciding on the legal issues before
them which are considered as the common law or as an aid for interpretation of a law in
subsequent cases with similar conditions. Case laws are used by advocates to support their views
to favor their clients and also it influences the decision of the judges.
Spouses Benzonan v. Court of Appeals, G.R. No. 97973, January 27, 1992
The Court said that though they are bound by decisions pursuant to Article 8 of the Civil Code, the Court
also stressed that: while our decisions form part of the law of the land, they are also subject to Article 4 of
the Civil Code which states that laws shall have no retroactive effect unless the contrary is provided.
Moreover, the Court emphasized that when a doctrine of this Court is overruled and a different view is
adopted, the new doctrine should be applied prospectively xxx.

A new doctrine of the Court cannot operate retroactively if it impairs vested rights.

Article 8, The New Civil Code (NCC)

Judicial decisions applying or interpreting the laws or the Constitution shall form part of the
legal system of the Philippines.

Silverio v. Republic, G.R. No. 174689, October 19, 2007

It is true that Article 9 of the Civil Code mandates that *n+o judge or court shall decline to render
judgment by reason of the silence, obscurity or insufficiency of the law. However, it is not a license for
courts to engage in judicial legislation. The duty of the courts is to apply or interpret the law, not to make
or amend it.
In our system of government, it is for the legislature, should it choose to do so, to determine what
guidelines should govern the recognition of the effects of a law.

Re: Resolution Granting Automatic Permanent Total Disability Benefits to Heirs of Justices and Judges
Who Die in Actual Service, A.M. No. 02-12-01-SC
[d]ecisions of this Court, although in themselves not laws, are nevertheless evidence of what the laws
mean, and this the reason why under Article 8 of the New Civil Code, judicial decisions applying or
interpreting the laws or the Constitution shall form part of the legal system x x x. The interpretation upon a
law by this Court constitutes, in a way, a part of the law as of the date the law was originally passed, since
this Courts construction merely establishes the contemporaneous legislative intent that the law thus
construed intends to effectuate. People vs. Jabinal
-

Decisions Proper - Decisions by regular courts of Justice

-Decisions of the Supreme Court
-Decisions of the Court of Appeals
-Decisions of the Sandiganbayan
-Decisions of the Court of Tax Appeals
-Decisions of the Regional Trial Courts
-Decisions of the Metropolitan Trial Courts, the Municipal Trial Courts and the Municipal
Circuit Trial Courts

Subordinate Decisions - Ruling of Boards, Commissions, and Administrative officers, and

opinions of legal officers of the Government.
-Decisions of the Senate Electoral Tribunal and the House of Representatives Electoral
Tribunal
-Decisions of Administrative Agencies Exercising Quasi-Judicial Powers, such as:
-COMELEC
-CSC
-Commission on Audit
-NLRC
-Insurance Commission
-Housing & Land Use Regulatory Board
-DAR Adjudication Board
Special Tribunals

Judicial System at present

1. Trial Courts of Limited Jurisdiction
2. Trial Courts of General Jurisdiction

3. Court of Appeals
4. Court of Last Resort
PRINCIPLES IN STUDY CASE LAW
1. Doctrine of Precedent
2. Stare Decisis and Res Judicata
Stare Decisis - The principle that the decisions of a court are a binding authority on the court that issued the
decisions and on the lower courts for the disposition of factually similar controversies. Stand on what has been
decided.
Ting v. Velez-Ting, G.R. No. 166562, March 31, 2009

The principle of stare decisis enjoins adherence by lower courts to doctrinal rules established by this Court
in its final decisions. It is based on the principle that once a question of law has been examined and
decided, it should be deemed settled and closed to further argument. Basically, it is a bar to any attempt
to relitigate the same issues, necessary for two simple reasons: economy and stability. In our jurisdiction,
the principle is entrenched in Article 8 of the Civil Code.
Two strains of stare decisis have been isolated by legal scholars. The first, known as vertical stare decisis
deals with the duty of lower courts to apply the decisions of the higher courts to cases involving the same
facts. The second, known as horizontal stare decisis requires that high courts must follow its own
precedents. Prof. Consovoy correctly observes that vertical stare decisis has been viewed as an
obligation, while horizontal stare decisis, has been viewed as a policy, imposing choice but
not a command.

Res Judicata - a matter adjudged, judicially acted upon or decided, or settled by judgment. It provides that a
final judgment on the merits rendered by a court of competent jurisdiction is conclusive as to the rights of the
parties and their privies; and constitutes an absolute bar to subsequent actions involving the same claim,
demand or cause of action.
Philippine Farming Corporation, LTD. V. Llanos, et al., G.R. No. L-21014, August 14, 1965

The requisites for res judicata are: (1) court of competent jurisdiction; (2) final judgment or order on the
merits; and (3) identities of parties, subject matter, and cause of action San Diego v. Calderon, 70 Phil. 281,
283
Requisites of Res Judicata:
(1) The former judgment must be final;
(2) The court that rendered it had jurisdiction over the subject matter and the parties;
(3) It is a judgment on the merits (rendered after consideration of evidence and stipulations); and
(4) There is between the first and the second actions an identity of parties, subject matter and
cause of action (G.R. No. 146886 [2003])

3. Reversal of Judgement and Overruling of decision

Section 4 (3), Article VIII, The 1987 Constitution

Cases or matters heard by a division shall be decided or resolved with the concurrent of a
majority of the Members who actually took part in the deliberations on the issues in the case
and voted thereon, and in no case, without the concurrent of at least three of such
Members. When the required number is not obtained, the case shall be decided en banc:
Provided, that no doctrine or principle of law laid down by the court in a decision rendered
en ban or in division may be modified or reveres except by the court sitting en banc.

Castro v. JBC, G.R. No. 191002, April 20, 2010

The Constitution itself recognizes the innate authority of the Court en banc to modify or reverse a doctrine
or principle of law laid down in any decision rendered en banc or in division.
An en banc session (French for "in bench") is a session in which a case is heard before all the judges of a
court (before the entire bench) rather than by a panel of judges selected from them.
4. Ratio Decidendi and Obiter Dictum
Ratio Decidendi - the rule of law on which a judicial decision is based.
Obiter Dictum - a judge's incidental expression of opinion, not essential to the decision and not establishing
precedent.

Obra v. Spouses Badua, G.R. No. 149125, August 9, 2007

Ratio decidendi - Where there is a conflict between the fallo and the ratio decidendi or body of the
decision, the fallo controls. This rule rests on the theory that the fallo is the final order while the opinion in
the body is merely a statement ordering nothing. The rule applies when the dispositive part of a final
decision or order is definite, clear, and unequivocal, and can wholly be given effect without need of
interpretation or construction.

Office of the Ombudsman v. Court of Appeals, G.R. No. 160675, June 16, 2006
Obiter dictum - The statement that made reference to the power of the Ombudsman is, at best, merely an
obiter dictum and, as it is unsupported by sufficient explanation, is susceptible to varying interpretations x
x x x [h]ence, it cannot be cited as a doctrinal declaration of this Court nor is it safe from judicial
examination.

DIFFERENCE BETWEEN RATIO DECIDENDI AND OBITER DICTA(DICTUM)

Ratio Decidendi
Obiter Dicta
ratio = the measure of a quantity in terms of another;
obiter = by the way; dicta (pl.) = sayings; dictum
decidendi = decision.
(sing.) = saying.
the ratio decidendi may be described roughly as the
An obiter dictum is a statement made by a judge in
rule of law applied by and acted on by the court, or the course of his judgment which may not be precisely
rule which the court regarded as governing the
relevant to the issue before him.
case..
The ratio decidendi has binding authority. It is more
An obiter dictum has no such binding authority. It is

authoritative than obiter dicta.

if ratio decidendi is a rule of law expressly or impliedly
treated by the judges as a necessary step in reaching
his conclusion.
if we think of the rule of law as a line on graph, then
the case itself is like a point through which that line is
drawn

a by-product of the original judgment. They are only

remarks and opinions of the judge.
A dictum is a rule of law stand by a judge which was
neither expressly nor impliedly treated by him as a
necessary step in reaching his conclusion.
The rules of law based on hypothetical facts are
mere dicta.

5. Binding authority and Persuasive authority

Mandatory authority refers to cases, statutes, or regulations that the court must follow because it is
binding on the court. Thus, lower courts are required to follow decisions from higher courts in
the same jurisdiction.
Persuasive authority refers to cases, statutes, regulations, or secondary sources that the court may follow but
does not have to follow. Thus, the holding from a court in another jurisdiction or a lower court in
the same jurisdiction is persuasive authority.