LegPhilo Powerpoint - Case Analysis (Functional-Policy Science)

Functionalist Perspective
Modern Legal Realist Perspective

Critical Legal Analysis
Policy Science
Scandinavian Legal Realism
Group 18:
Esplana, Maria Carla
Octaviano, Clarence
Yu, Benjamin
Functionalist Perspective
Arrobang v. Martinez
G.R. No. 153974 August 7, 2006
Facts:
Petitioners are owners of parcels of land. On
November 8, 1995, the Sangguniang Bayan of the
Municipality of Panay issued Resolution authorizing
the municipal government through the mayor to
initiate expropriation proceedings.
3
G.R. No. 153974 August 7, 2006
A petition for expropriation was thereafter filed on April

14, 1997 by the Municipality of Panay.
Petitioners filed a Motion to Dismiss alleging that the
taking is not for public use but only for the benefit of
certain individuals.
That it is politically motivated because petitioners voted
against the incumbent mayor and vice-mayor.
4
G.R. No. 153974 August 7, 2006
The Trial court denied petitioners Motion to Dismiss

and declared that the expropriation in this case is for
"public use" and the respondent has the lawful right to
take the property upon payment of just compensation.
The trial court issued an Order appointing three persons
as Commissioners to ascertain the amount of just
compensation for the property.
5
G.R. No. 153974 August 7, 2006
Petitioners filed on March 2, 1998 a Petition for

Certiorari before the CA claiming that they were
denied due process when the trial court declared that
the taking was for public purpose without receiving
evidence on petitioners claim that the Mayor of Panay
was moved by political reasons.
6
G.R. No. 153974 August 7, 2006
On March 20, 2002, the CA rendered its Decision

dismissing the Petition for Certiorari.
7
G.R. No. 153974 August 7, 2006
Issue:
Whether or not the Petitioners were denied procedural

due process of law?
8
G.R. No. 153974 August 7, 2006
Held:
Yes. The Expropriation in this case was based merely
on a resolution, such expropriation is clearly
defective. While the Court is aware of the
constitutional policy promoting local autonomy, the
court cannot grant judicial sanction to an LGUs
exercise of its delegated power of eminent domain
in contravention of the very law giving it such power.
9
Hon. Jejomar Binay and Municipality of
Makati v. Hon. Eufemio Domingo
September 11, 1991
Facts:
On September 27, 1988, petitioner Municipality, approved
Resolution No. 60 which reads:
“A RESOLUTION TO CONFIRM AND/OR RATIFY THE
ONGOING BURIAL ASSISTANCE PROGRAM
INITIATED BY THE OFFICE OF THE MAYOR, OF
EXTENDING FINANCIAL ASSISTANCE OF FIVE
HUNDRED PESOS (P500.00) TO A BEREAVED
FAMILY, FUNDS TO BE TAKEN OUT OF
UNAPPROPRIATED AVAILABLE FUNDS EXISTING IN
THE MUNICIPAL TREASURY. “ 10
September 11, 1991
Qualified beneficiaries would receive the amount of

five hundred pesos (P500.00) cash relief from the
Municipality of Makati.
Metro Manila Commission approved Resolution No.
60. Thereafter, the municipal secretary certified a
disbursement fired of four hundred thousand pesos
(P400,000.00) for the implementation of the Burial
Assistance Program.
11
September 11, 1991
Resolution No. 60 was referred to respondent

Commission on Audit (COA) for its expected allowance
in audit.
COA disapproved Resolution No. 60 and disallowed in
audit the disbursement of funds.
Two letters for reconsideration filed by petitioners were
denied by respondent.
Petitioners were strained to file this special civil action
of certiorari Burial Assistance Program has been
stayed by COA.
12
September 11, 1991
Issue:
Whether or not Subject Resolution No. 60, s. 1988, of
the Municipal Council of Makati and the intended
disbursements fall within the twin principles of
police power and parens patriae.
13
September 11, 1991
Held:
Resolution No. 60 is a paragon of the continuing
program of our government towards social justice.
The Burial Assistance Program is a relief of
pauperism, though not complete.
Commission on Audit's Decision No. 1159 is SET
ASIDE.
14
September 11, 1991
Functional Perspectives case analysis:

The two cases above were historical expression of the
social interest context in our country that properly
displays the functional perspective view of law. The
court in ruling these cases expressly applies the
maxim of salus populi est suprema lex
15
September 11, 1991
It is thus based on the title and concern of the entire

social group against those forms and acts and
practices which adversely affect the stability of
existence and happiness of the people.
There is an abundance of historical illustrations where
national decay has been the result with the wanting
of the esteem fro personality and dignity.
16
Modern Legal Realism
Alejandro Estrada v. Soledad Escritor
August 4, 2003
Facts:
Soledad Escritor works as a Clerk of Court in the
Regional Trial Court of Las Pinas. Complainant
Estrada, requested for an investigation in relation to
rumors that respondent was engaged in a
relationship with a man who is not her husband.
She admitted that she started living with Luciano
Quilapio, Jr. without the benefit of marriage more
than twenty years ago
18
August 4, 2003
She also admitted that she and Quilapio have a son.

But as a member of the Jehovah’s Witnesses,
respondent asserted that their conjugal
arrangement is in conformity with their religious
beliefs and has the approval of her congregation.
The couple executed on July 28, 1991, a “Declaration
of Pledging Faithfulness.”
19
August 4, 2003
Issue:
Whether or not respondent should be reprimanded for
her alleged extra-marital affairs.
20
August 4, 2003
Held:
No. Our Constitution adheres to the benevolent neutrality
approach that gives room for accommodation of
religious exercises as required by the Free Exercise
Clause.
Respondent Escritor’s conjugal arrangement cannot be
penalized as she has made out a case for exemption
from the law based on her fundamental right to freedom
of religion.
21
August 4, 2003
Case Analysis for Modern Legal Realist

Perspective
The Metalegal Factor of the Stimuli Set Up by the
Judges’ Predelictions and Preconceptions may be
applied in the case at bar. The leading case of
Estrada v. Escritor was penned by Chief Justice
Reynato Puno, a known religious and virtuous man.
22
August 4, 2003
Chief Justice Puno ruled in favor of the respondent.

He characterized the acts of the respondent to be
well in the realm of the free exercise of her religious
beliefs. Furthermore, it was held that there was no
compelling state interest to warrant a punishment
against the respondent.
23
August 4, 2003
The mind of a Judge or Justice is a store of legal

sympathies and legal antipathies which is acquired
in the process of maturing and education. The
metalegal stimuli come into operation only because
certain issues strike familiar notes which may set a
judicial tone.
24
Marcos vs. Manglapus,
September 15, 1989
Facts:
The petitioners are Ferdinand E. Marcos and his
immediate family, while Raul Manglapus, Secretary
of Foreign Affairs, the respondent. The call is about
the request of Marcos family to the court to order
the respondents to issue travel documents to Mr.
Marcos and the immediate members of his family
and to enjoin the implementation of the president’s
decision to bar their return to the Philippines.
25
September 15, 1989
Issue:
Whether or not, in the exercise of the powers granted
by the constitution, the President may prohibit the
Marcoses from returning to the Philippines.
26
September 15, 1989
Held:
Petition was dismissed. President did not arbitrarily or
with grave of discretion in determining that return of
former president Marcos and his family at the
present time and under present circumstances
poses a serious threat to national interest and
welfare and in prohibiting their return to the
Philippines.
27
September 15, 1989
Case Analysis for Modern Legal Realist:

The Metalegal Factor of the Stimuli Set Up by
Historical or Political Events and Precedents may
be applied in the case at bar.
28
September 15, 1989
The historic-political setting of the case shows that it

was barely four years after the dramatic EDSA
Revolution and that strong political feelings were
still at its height. The Supreme Court ruled against
the petitioners not because of existing prejudices
against the family, but because the Motion was filed
during a time when emotions were still high and a
strong possibility of government destabilization was
apparent.
29
Critical Legal Studies
International School Alliance of Educators
v. Hon. Leonardo A. Quisumbing
June 1, 2000
Facts:
International School Inc. is a domestic educational
Institution established primarily for dependents of
foreign diplomatic personnel and other temporary
residents.
Respondent school hires foreign and local teachers as
members of its faculty.
They were classified as foreign-hires and local-hires.
31
June 1, 2000
The local-hires complained against the better

treatment of their colleagues who have been hired
abroad.
Petitioner claims that the point-of-hire classification
employed by the school is discriminatory to
Filipinos.
32
June 1, 2000
Issue:
Whether or not the classification employed by
the respondent school constitutes racial
discrimination
33
International School Alliance of Educators v.
Hon. Leonardo A. Quisumbing
June 1, 2000
Held:
YES. The Constitution in the Article on Social Justice
and Human Rights exhorts Congress to "give
highest priority to the enactment of measures that
protect and enhance the right of all people to human
dignity, reduce social, economic, and political
inequalities."
34
June 1, 2000
The very broad Article 19 of the Civil Code

requires every person, "in the exercise of his
rights and in the performance of his duties,
[to] act with justice, give everyone his due,
and observe honesty and good faith.“
35
June 1, 2000
In this case, the point-of-hire classification

employed by respondent school to justify the
distinction in the salary rates of foreign-hires
and local hires is an invalid classification.
“equal pay for equal work”
36
June 1, 2000
Case Analysis
Critical Legal Studies views the law as an instrument
to redeem the people from social divisions and
hierarchies.
It is an advocacy of the law as a neutral and objective
means of social control with emphasis on its
liberating function
37
International School Alliance of Educators v.
Hon. Leonardo A. Quisumbing
June 1, 2000
It is only when the law is neutral and maintains its

neutrality in the inevitable conflict of claims,
demands, and expectations can everyone in society
accept it as a means of social control and feel safe
and secure from illegitimate divisions and
hierarchies.
38
Policy Science
Petition for Habeas Corpus: Laurente C. Ilagan
v. Hon Juan Ponce Enrile
October 21, 1985
Facts:
A petition for Habeas Corpus was filed by the
Integrated Bar of the Philippines and Free Legal
Assistance Group on behalf of Attorneys Laurente
Ilagan, Antonio Arellano, and Marcos Risonar.
The three lawyers were arrested and detained in
Camp Catitipan solely on the basis of a Mission
Order signed by General Echavarria.
40
October 21, 1985
The petition for habeas corpus was then filed on the

ground that the arrests were illegal and violative of
the Constitution, because arrests cannot be made
on the basis of Mission Orders.
Respondents contended that the attorneys were
arrested on the basis of a Decree issued by the
President. Respondents further alleged that the
detained attorneys played active roles in organizing
mass actions of the Communist Party
41
October 21, 1985
Court resolved to order the temporary release of the

detained attorneys.
Despite the Order of the Court, the detained attorneys
were not released.
42
October 21, 1985
The respondents alleged that an Information for

Rebellion was filed against the detained attorneys
and thus making the petition for Habeas Corpus
moot and academic. Petitioners opined, saying that
the detained attorneys were not given the benefit of
preliminary investigation, ant that they were denied
their constitutional right to due process.
43
October 21, 1985
Issue:
Whether or not the subsequent filing of an
Information is a bar to a petition for Habeas
Corpus.
44
October 21, 1985
Held:
Case was dismissed for having become moot and
academic. Petitioners were detained by virtue of a
Warrant of Arrest issued by the Regional Trial Court
of Davao City in relation to the criminal case for
Rebellion filed against them before said Court.
45
October 21, 1985
Case Analysis for Policy Science:

The concept of Habeas Corpus as presented in this
case is the materialization of the concept of “Liberty”
as a social value. The social value of “liberty”
moves towards the ability of people to act or to do
things which are crucial to his way of life.
46
October 21, 1985
In the present case, the social value of “liberty” took

an active form. The active form of “liberty” is that
which may be the basis of legal claims or legal
powers. The exercise of the right to Petition the
Court for Habeas Corpus is an example of an active
form of “liberty” based on a legal claim.
47
The social value of “Power” was also evident in the
case at bar. The first aspect of “Power” as a social
value is the capacity to secure and maintain
fundamental Human Rights. These rights cannot
exist under a benevolent despot. In Ilagan v. Enrile,
the captives were arrested under the authority of the
then dictator Ferdinand Marcos. It can be gainsaid
that the arbitrary authority exercised over the
lawyers were unnatural and undesirable.
48
Scandinavian Legal Realism
Primitivo Ansay, etc. et.al.
v. The Board of Directors of the
National Development Company, et.al.
Appellants filed a complaint praying for a 20%

Christmas bonus.
Appellees filed a motion to dismiss.
CFC ruled that petitioners have no cause of action to
secure such bonus.
A bonus is an act of liberality.
The court has no power to compel a party to comply
with a moral obligation.
50
Appellants filed a motion for reconsideration

but was denied, hence this appeal.
Appellants contend that there exists a cause of
action in their complaint.
51
Issue:
Whether or not the company is obliged to give
20% bonus since the claim of the appellants
rests on moral grounds or what is defined by
law as natural obligation
52
Held:
Natural Obligations are those based on equity and
natural law, which are not enforceable by means of
court action, but which after voluntary fulfillment by
the obligor, authorize the retention by the obligee of
what has been delivered or rendered by reason
thereof.
These refer to obligations without sanction,
susceptible of voluntary performance, but not
through compulsion by legal means.
53
Case Analysis:
Scandinavian Legal Realism views the law as the
means of regulating human behavior based on the
feeling for what is best for the social welfare.
They believe that legal ideology has no place in the
conception of the law and its component jural
relations.
The conventional concepts of “right” and “obligation’
are verbal magic.
54

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Functionalist Perspective

Modern Legal Realist Perspective

A petition for expropriation was thereafter filed on April

The Trial court denied petitioners Motion to Dismiss

Petitioners filed on March 2, 1998 a Petition for

On March 20, 2002, the CA rendered its Decision

Whether or not the Petitioners were denied procedural

Qualified beneficiaries would receive the amount of

Resolution No. 60 was referred to respondent

Functional Perspectives case analysis:

It is thus based on the title and concern of the entire

She also admitted that she and Quilapio have a son.

Case Analysis for Modern Legal Realist

Chief Justice Puno ruled in favor of the respondent.

The mind of a Judge or Justice is a store of legal

Case Analysis for Modern Legal Realist:

The historic-political setting of the case shows that it

The local-hires complained against the better

The very broad Article 19 of the Civil Code

In this case, the point-of-hire classification

It is only when the law is neutral and maintains its

The petition for habeas corpus was then filed on the

Court resolved to order the temporary release of the

The respondents alleged that an Information for

Case Analysis for Policy Science:

In the present case, the social value of “liberty” took

Appellants filed a complaint praying for a 20%

Appellants filed a motion for reconsideration

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