Organic Laws in the Philippines

Philippine bill of 1902

Philippine Assembly
Jones law
Tydings-Mcduffee

Fundamental Source of Law

Constitution
3 Major subdivisions
1. Constitution of Government
2. Constitution of Liberty
3. Constitution of Sovereignty

How a bill becomes a law

Legal Research
Legal Bibliography Science that deals with description and history of books
pertaining to law
Legal Research means the inquiry and investigation necessary to judge and
lawyers

Context; Philippines hybrid of common law and civil law

Parts of a Case

Statement of the case

Statement of facts
Issues or assignment of errors
The courts ruling
The disposition or dispositive

Judicial power
-

Settle actual controversies

Determine w/n grave abuse of discretion

SC powers
1.
2.
3.
4.
5.

Assign temp judges

Change of venue
Promulgate rules
Appoint officials and employees
Admin supervision

Primary source SC decisions

-

Official gazette
PH report

Secondary Source
-

SCRA
Lex Libris
Unofficial online databases (lawphil, eSCRA)

Research on Philippine Jurisprudence

Authority
Primary

Decisions of the Courts

Secondary

Annotations

Judicial Decisions = part of law

Persuasiveness depends on hierarchy

Foreign decisions merely suggestive

Judiciary notes:
Only ENBANC can overturn SC decision
Court decisions can be reversed or modified by congress
Voting Requirements
En Banc majority of those who participated
Division 3 out of 5
Motion for Reconsideration
Second MR
-

Before finality (15 days)

Higher interest of justice
2/3 vote enbanc needed
3 votes in division

Docket Number
G. R. General Register
A. M. Admin Matter (deals with employees)
A. C. Administrative Case (Bar)
UPK Undocketed
G. R. L Liberation (post WWII)

Format
Prefatory
Statement of case
Facts

 Issues
Ruling and Ratio
Conclusion
Disposition
Separate opinions
Citations
Signatures
Certification

Term Shepardize verify if case ruling is still good as law or has been
overturned

Research in International Law

Public international Law

Laws that govern diplomacy

International criminal law
Environmental law

Private international Law

Conflict of laws

Law of foreign jurisdiction

Comparative law
-

Two or more laws / jurisdiction

Soft Law
-

Declaration, proclamation, sense/sentiment of nations

Crystallization stage (soft law becoming hard?)

Example: 1940 Universal declaration of human rights

Principal
-

Authoritative
o International convention Treaties
o International Custom (Hard to Prove)
o General Principle

Secondary
-

Only in default of principal

Customs
1. Uniform state practice
2. Opinio Juris
a. States who practice do so under the belief they are following law
General Principle
-

Good faith presumed

Unjust enrichment (example)

Judicial Decisions
-

Teaching of most highly treated jurists / highly qualified publicist

Subsidiary sources of law
Judicial decisions of countries

In default, NOTHING PREVENTS EQUITY

Jus Cogens
-

Higher than international custom

Not open to debate

Ex. Slavery / torture