1

Atty. Laura C.H. del Rosario
Professor, Legal Research and Computer
Lyceum of the Philippines University
College of Law
Legal Research with
Computer
8/14/2012 2
CRITICAL FACT – RELATED STEPS THAT
MUST PRECEDE RESEARCH IN LAW
BOOKS
1. Gathering the facts;
2. Analyzing the facts;
3. Identifying the legal issues raised by the facts;
and
4. Arranging the legal issues in a logical order for
research.
8/14/2012 3
ANALYZING THE FACTS –TARP RULE
T – THING or SUBJECT MATTER in
controversy property? will? automobile? contract? –
Identify all significant things perceptible to the
senses involved in problem
A – CAUSE OF ACTION or GROUND OF
DEFENSE - breach of contract? negligence? torts?
estoppel? impossibility of performance? – Identify
the alleged wrong suffered of infraction or those
reasons in law or fact why they these arguably
should not be recovered
8/14/2012 4
TARP RULE
R – RELIEF SOUGHT – civil suit for damages? injunctive
or declaratory relief? abatement of nuisances? rescission of
contract? - Identify the legal remedy being sought
P - PARTIES, PERSONS, PLACES -Do they fit within a
group or class – infancy or insanity?
 Relationship between parties – husband and wife? employer
employee? attorney and client? doctor and patient? landlord
and tenant?
 Commercial activities or professional activities – insurance?
Banking? Medicine? Shipping?
 Identify persons who is directly or indirectly involve in the
problem. Place where the act occurred is for purposes of venue.
8/14/2012 5
2.3. IDENTIFYING THE LEGAL ISSUES
 By combining summaries of analysis would determine
the specific legal problem.
 These issues are questions that the legal research
process will attempt to answer.
8/14/2012 6
ORGANIZING THE LEGAL ISSUES IN A
LOGICAL ORDER
 This will increase the efficiency and effectiveness of
your research.
DOING LEGAL RESEARCH
qFinding the Law
qReading the Law
qUpdating the Law
8/14/2012 7
LAWFINDING TECHNIQUES
Approaches –
 Specialized approach:
 Words and phrases
 Generalized approach:
- encyclopedia
- treatises
- law reviews
- other secondary legal sources
8/14/2012 8
OR utilize one of these Methods
 Index/Descriptive word or fact word
 Known authority/statute or case
method
 Known topic/table of contents
or analytical method
 Definition method
8/14/2012 9
Four (4) STEP APROACH TO LEGAL
RESEARCH
1. All facts on Paper
 Five (5) ―W’s‖ and One (1) ―H‖
+ Who did it and to whom?
+ What was done?
+ When was it done?
+ Where was it done?
+ Why was it done?
+ How was it done?
2. List of Books/Websites
3. All Issues on Paper
4. Gather Authorities
8/14/2012 10
CLASSIFYING ISSUE/S INVOLVED IN THE
PROBLEM —
 CONSTITUTIONAL?
 STATUTORY?
 ADMINISTRATIVE?
 CASE LAWPROBLEM?
 PROCEDURAL LAW?
8/14/2012 11
TWO METHODS OF FINDING LAW
 1. Short cut or the ―100-Meter dash‖ Method
- Exhausting the statutes and their annotations and/or
digest on the point under search
- Reading the cases so found
 2. Long or ―Marathon‖ Method
8/14/2012 12
FINDING THE LAW
 SOURCES OF LAW
 Primary Materials
consists of the law itself, as expressed in
constitutions, statutes, court decisions, etc.
they are cited first and are mandatory
authorities.
Primary Materials classified into —
• statute law
• case law
8/14/2012 13
Secondary Materials
 all other written expressions of the law which interpret
or analyze these primary authorities and are
considered persuasive materials
 other secondary sources include legal periodical
articles in the Philippine Law Gazette, National Law
Review, Ateneo Law Journal, Far Eastern Law
Review, Philippine Law Journal, San Beda Law
Journal, other bar publications, and proceedings of
law conferences.
8/14/2012 14
Secondary Materials —
 Opinions of the Secretary of Justice
 Legislative history
 Congressional Committee Reports
 Agency reports
 Reports/Studies of special interest groups.
8/14/2012 15
PRIMARY SOURCES – actual law
itself
O Constitution
O Statutes
O Treaties
O Administrative Regulations
O Court Decisions
8/14/2012 16
SECONDARY SOURCES – comment, explain,
critique and annotate primary resources
O Treatises/textbooks
O Legal periodical articles
O Legal encyclopedias
O Annotations (SCRA/ALR annotations)
O Law dictionaries
O Continuing legal education publications
O Opinions of the Secretary of Justice and other
administrative agencies
8/14/2012 17
PRIMARY
SOURCES
SECONDARY
SOURCES
FINDING
TOOLS
× Constitution
× Statutes
× Treaties
× Administrative
Regulations
× Court Decisions
×
× Treatises
× Commentaries
× Legal
review/legal
periodicals
× Articles
× Continuing legal
education
publications
× Law
encyclopedias
× Annotations
× Opinions of the
Secretary of
Justice

× Digests
× Indexes
× Annotations
× Legal citations
× Law dictionaries
× Internet
× CD Roms


8/14/2012 18
SUPPLEMENTARY RESEARCH SOURCES
Secondary Sources Finding Tools
1. Dictionaries
Moreno, Philippine Law Dictionary,
1982
Sibal, Philippine Legal Encyclopedia
Black’ s Dictionary, 1968

Ballantine’ s Law Dictionary, 1969
Bouvier’ s Law Dictionary, 3 v.
Words and Phrases, 1940, 45 v.

Locate ―Words and Phrases‖
in all Digests for Definitions
W. Statsky, et. al. , ―West’ s’ s
Legal Desk Reference ( 1991)

2. Legal Encyclopedias
American Jurisprudence, 2
nd
series
Corpus Juris Secundum

I ndexes to Am. Jur. 2
nd
.

I ndexes to CJS


8/14/2012 19
Supplementary Research Sources
(con’t…)
Secondary Sources
Finding Tools
3. Annotations
SCRA Annotations
ALR Annotations
U. P. IJA, Index to SCRA Annotations, 1961-
2001
Index to 3
rd
and 4
th
ALR
4. Legal Periodicals
Law Review Articles
· Index to Philippine Legal Periodicals
· Index to Philippine Periodicals
· Index to Foreign Legal Periodicals
· Index to Legal Periodicals (CD Rom)
1986 to date + now available online
· Shepard’s Law review Citations
· Legal Resource Index
5. Continuing Legal Education
Publications
UP Law Center Annual
Institutes


Index in each volume
6. Treatises and Textbooks Index to each volume


8/14/2012 20
REPUBLIC OF THE PHILIPPINES
DIGEST VOL. 7
WORDS AND PHRASES
the manner of its execution, being a declaration made by the witnesses,
not by the testator. Tenefrancia v. Abaja, 47 Off Gaz No. 12 Supp. 327
(July 31, 1950, No. L-2415).
Authority
An "authority," in the governmental sense, is a person or body exercising power of
command. People v. Dano, 48 Off Gaz 997 (Nov 14, 1950, No. L-2881).
Bailbond
A "bail bond" is an obligation given by the accused with one or more sureties, with the
condition to be void upon performance by accused of such acts as he may legally be
required to perform. People v. Abner, 48 Off Gaz 629 (Oct 27, '1&950, No. L-2508).
335
8/14/2012 21
1. Statutory - brief summaries of the Law and facts of
cases interpreting statutes passed by Congress
which are included in Codes or compilations.Ex.
P.A.L., U.S.C.A., U.S.C.S.
2. Textual - Expository essays of Varying length or
significant legal topics chosen for selected cases
published with the essays.
Ex. SCRA, ALR
ALR - cites facts and holdings of all reported
cases in point and presents- an analysis and
synthesis of the case.
Annotations
8/14/2012 22
 SCRA Index – 2v.
 Quick Index SCRA & Annual SCRA Index
 A.L. R. Quick Index to vols. 3-4 & A.L.R. History
Annotation Table
 Arranged by volumes numerically
8/14/2012 23
ANNOTATION HISTORY TABLE
ANNOTATIONS FROM AMERICAN LAW REPORTS
(1
ST
OR 2D Series) SUPPLEMENTED OR
SUPERSEDED IN ALR2d, ALR3d OR ALR FEDERAL
[For ALR 1
st
Series annotations, supplemented or superseded in ALR
Volumes 1-175 (First Series) consult the latest issue of the ALR Book]

1 ALR 148-149
Superseded 74 ALR 2d 828
2 ALR 6-36
Superseded 49 ALR 2d 982
3 ALR 312-323
Superseded 24 ALR 2d 194
1 ALR 222-264
Subdiv VIII superseded 71 ALR 2d 1140
2 ALR 61-67
Superseded 14 ALR 3d 783
3 ALR 610-612
Superseded 12 ALR 2d 611
1 ALR 329-331
Superseded 36 ALR 2d 861
2 ALR 225-236
Superseded 41 ALR 2d 1263
3 ALR 824-829
Superseded 13 ALR 3d 848
1 ALR 343-349
Superseded 51 ALR 2d 1404
2 ALR 345-347
Superseded 44 ALR 2d 1242
3 ALR 833-844
Superseded 22 ALR 3d 1346
1 ALR 449-450
Superseded 28 ALR 2d 662
2 ALR 579-582
Superseded 50 ALR 2d 1161
3 ALR 1109
Superseded 92 ALR 2d 1009
1 ALR 546-547
Superseded 50 ALR 2d 1324
2 ALR 592-593
Superseded 12 ALR 3d 933
3 ALR 1130-1145
Superseded 41 ALR 2d 739
1 ALR 834
Superseded 91 ALR 2d 1344
2 ALR 867-879
Superseded 25 ALR 3d 941
3 ALR 1279-1282
Subdiv II superseded 100 ALR 2d 227
1 ALR 861-878
Superseded 41 ALR 2d 1213
2 ALR 1008-1014
Superseded 90 ALR 2d 1210
3 ALR 1304-1306
Superseded 82 ALR 2d 611
1 ALR 884-892
Superseded, as to private easements,
25 ALR 2d 1265
2 ALR 1068
Superseded 6 ALR 3d 1457
3 ALR 1590-1593
Superseded 99 ALR 2d 700
1 ALR 1267-1277
Superseded 87 ALR 2d 271
2 ALR 1376
Superseded 45 ALR 2d 1296
3 ALR 1630
Superseded 14 ALR 2d 73
1 ALR 1368-1374
Superseded 46 ALR 2d 1140
2 ALR 1389-1390
Superseded 28 ALR 3d 1344
3 ALR 1648-1651
Superseded 97 ALR 2d 1232
1 ALR 1528-1532
Superseded 13 ALR 2d 42
2 ALR 1522-1526
Superseded 157 ALR 3d 1359
4 ALR 191-193
Superseded 85 ALR 2d 889
1 ALR 1632-1634
Superseded 53 ALR 2d 572
2 ALR 1576-1579
Superseded 77 ALR 3d 1182
4 ALR 233-238
Superseded 27 ALR 2d 1202
1 ALR 1688-1691
Superseded 99 ALR 2d 7
3 ALR 242
Superseded 72 ALR 3d 342
4 ALR 391-400
Superseded 97 ALR 2d 1319
Consult POCKET PART for later history

8/14/2012 24
UP INSTITUTE OF JUDICIAL ADMINISTRATION INDEX
TO ANNOTATIONS v. 1-327 (SCRA 1961-2001).
CROSS-CLAIMS
Nature and defects of cross-
claim
(81:38-47)

CROSS-EXAMINATION
The aggravating circumstances
of ignominy and cruelty and when
are these appreciated (194:129-133)

CUSTODIAL INVESTIGATION
Constitutional rights of persons
under custodial investigation
(158:92-106)

DEBTS
Payments of Debts in Money
(106:531-539)

DECLARATORY JUDGMENTS
AND RELIEFS
Declaratory Relief (100:262-
269)
Fundamentals of Declaratory
Relief(122:769-775)

DEFAULTS
Defaults (34:655-668); (52:403-
419)



8/14/2012 25
CITATORS
 A set of books which provide through letter - form abbreviations
or words, the subsequent judicial history and interpretation of
reported decisions, and lists cases and legislative enactments
construing, applying or affecting statutes.
 Ex. Dizon's Citations
 Paras' Citations
 Shepard Citations
 Cited case - a case which is treated by other cases
 Citing case - the case which operates on the cited case
8/14/2012 26
 DIZON, PHIL. CITATIONS (1937)
 PARAS’ PHILIPPINE CITATIONS 2v (Statutes of Cases)
 PHILIPPINE CITATIONS –
 Philippine Digest – v. 11 & 13
 Republic of the Philippines
Citator Approach v. 7, and Suppl. to v. 7
 SHEPARD’S CITATIONS to official Federal & State Reports & the
National Reporter System
CITATORS
8/14/2012 27
ILLUSTRATIVE CASE

A list of citations to the case of Edgar v. Mite Corporation as reported in Volume
457 United States Supreme Court Reports at page 624 are shown in the left margin of this
page in the same form in which they appear in the United States Supreme Court Reports
division of Shepard’s United States Citations, Case Edition.
Cross references to a cited case reported in the United States Supreme Court
Reports as also reported in the Lawyer’s Edition, United States Supreme Court Reports,
Supreme Court Reporter and the Annotated Reports System are shown enclosed in
parenthesis immediately following the page number of that case when first available and
are not repeated in subsequent volumes. Thus the references “(73 LE 269)” and “(102 SC
2629)” immediately following the – 624 –page number of the Edgar case indicate that
that case is also reported in Volume 73 Lawyer’s Edition, United States Supreme Court
Reports, Second Series at page 269, and in volume 102 Supreme Court Reporter at page
2629, and absence of an Annotated Reports System reference enclosed in parenthesis
indicates that it is not reported in the Annotated Reports System.
Citations to each case in the United States Supreme Court Reports division are
grouped as follows:
1. citations by federal and state courts analyzed as to the history of the cited
case;
2. other citations by the federal courts analyzed as to the treatment accorded
the cited case;
3. other citations by the federal courts analyzed as to the treatment accorded
the cited case and categorized by the judges’ names;
4. citations in federal administrative reports;
5. citations in state reports and units of the National Reporter System; and
6. citations in articles in the American Bar Journal.

For the purpose of illustration only, this grouping has been indicated by bracketing
the citations accordingly. It will be noted that as yet there are not citations in groups four
and six.
In indicating the history and treatment of a cited case, the letter-form abbreviations
shown on page xix are used.
An examination of the citations relating to the history of the cited case indicates
that another phase of the same case “s” in the United States Court of Appeals was
reported in 633 Federal Reporter, Second Series “F2d” at page 486.
An examination of the treatment accorded the cited case indicates that it has been
followed “f” in an opinion of the United States Supreme Court reported in 458 United
States Supreme Court Reports “US” 1101, and it also was followed in several opinions of
the United States Court of Appeals and the United States District Courts reported in the
Federal Reporter, Second Series and in Federal Supplement “FS” respectively. The Edgar
case has also been explained “e” in an opinion by the First Circuit Court of Appeals
reported in 686 F2d 1031, and it has been referred to without particular comment in
several additional opinions by the lower federal courts reported in Federal Reporter,
Second Series and Federal Supplement.



United
States
Supreme
Court
Reports

Vol. 457

- 624 –
(73 LE 269)
(102SC2629)
s633F2d486
f458US1101
Cir. 1
701F2d284
547FS534
549FS635
Cir. 6
690F2d561
Cir. 8
f693F2d821
Cir. 9
720F2d583

First
Cir. 2
717F2d
1
760
568FS
1
1545
Cir. 11
567FS
1
1754

White
Cir. 1
e686F2d
2
1031
f575FS
2
761
Cir. 2
692F2d
2
280
Cir. 4
692F2d
2
579
f547FS
2
524
f547FS
2
794
547FS
1
795
Cir. 6
690F2d
2
565
Cir. 8
f687F2d
2
1128
Cir. 10
715F2d
2
1426
715F2d
1
1431

Calif
138CA3d227
34C3d382
194CaR370
688P2d677
Ky
639SW770
NH
466A2d920
466A2d922
NY
116Msc2d704
456S2d647
8/14/2012 28
ABBREVIATIONS – ANALYSIS
History of Case
a (affirmed) same case affirmed on rehearing
cc (connected case) different case from cited but arising out of same subject
m (modified) same case modified on hearing
r (reversed) same case reversed on rehearing
s (same case) same case as case cited
S (superseded) substitution for former opinion
v (vacated) same case vacated
US reh den rehearing denied by U.S. Supreme Court
US reh dis rehearing dismissed by U.S. Spreme Court

Treatment of Case
c (criticised) soundness of decision or reasoning in cited case criticized for reasons given
d (distinguished) case at bar different either in law or fact from case cited for reasons given
e (explained) statement of import of decision in cited case. Not merely a restatement of the facts
f (followed) cited as controlling
h (harmonized) apparent inconsistency explained and shown not to exist
j (dissenting opinion) citation in dissenting opinion
L (limited) refusal to extend decision of cited case beyond precise issues involved
o (overruled) ruling in case expressly overruled
p (paralled) citing case substantially alike or on all fours with cited case in its law or facts
q (questioned) soundness of decision or reasoning in cited case questioned.

ABBREVIATIONS- COURTS

Cir. Fed. – U.S. Court of Appeals, Federal Circuit
Cir (number) - U.S. Court of Appeals Circuit (number)
CIT – United States Court of International Trade
CCPA – Court of Customs and Patent Appeals
Cl Ct – Claims Court (U.S.)
Ct Cl – Court of Claims (U.S.)
Cu Ct – Customs Court
DC – District of Columbia
EC or ECA – Temporary Emergency Court of Appeals
ML – Judicial Panel on Multidistrict Litigation
RRR – Special court Regional Rail Reorganization Act of 1973


8/14/2012 29
Indexes
 Albert and Daga, Phil. Laws Made Easier to Find (1954)
- Magsino’s Compendium of Philippine Jurisprudence
(Supreme Court Decisions from 1945-1980)
- Supreme Court Title Index, 1980-1985 (UP Law Library)
- Title Index to Supreme Court Decisions (1945-1989) by
Milagros Santos-Ong
- Index to the Official Gazette, 1945-1985 (Supreme Court
Library Service)
- Index to Legal Periodicals (CD)
- Current Law Index – Online version is Legal Resources Index
- CD Version Is Legal Trac
- Index to Canadian Periodical Literature (LRI)
- Index to Foreign Legal Periodicals
- Various Indexes to Legal Periodical Articles
8/14/2012 30
- National Reporter Blue Book
 5.1.2.3. Opinions of Legal Experts
 5.1.2.4. Other State and Foreign Sources
Tables
8/14/2012 31
STATUTE LAW
PRIMARY SOURCES SECONDARY SOURCES FINDING TOOLS
1. Constitution
1987 Records of the Philippine
Constitutional Commission 5 v.
Journal of the Philippine Constitutional
Commission
J. BERNAS, The 1987 Constitutional
of the Republic of the Philippines
1988
A.Padilla Ambrosio, the 1987
Constitution, with comments and
cases, 1987, 2v.
Other commentaries
UPLL COMPUTER INDEX
to records of the Philippine
Constitutional Commission

Index found in the Book
2. Treaties and
International
Agreement
3. U.N. Treaty Series
TIARA (Treaties and International
Agreements Researchers Archives
-CD ROM
-Philippine Treaties Index,
1946-1982
-Index to U.N.T.S. (every
100 volumes)
-TIARA (CD ROM)
Philippine Treaty Series
5V (UP Law Center)
8/14/2012 32
 1973 Constitution
- ConCon Archives in the U.P. Law Library
thru its indexes
 1987 Constitution
- Records of the Philippine Constitutional
Commission. 5 v.
STATUTE LAW
8/14/2012 33
 Journal 5 v.
 Index (Computer, UPLL)
 One can also consult the following books:
 To know how certain provisions in the 1987
Constitution were interpreted by its framers, it is
best to consult the 5-volume Records of the
Philippine Constitutional Commission and its 3-
volume journals.
 Computerized index in the U.P. Law Library.
Access can be had through the number of the
Articles, subject, and name of sponsor/discussant.
8/14/2012 34
1986 CONCOM PROCEEDINGS
Available in CD Rom by CD Asia
8/14/2012 35
TREATIES AND INTERNATIONAL
AGREEMENTS
6.2.1. Texts: OFFICIAL GAZETTE
 D.F.A.T.S. (Department of Foreign Affairs
Treaty Series)
 P.T.S. (Phil. Treaty Series)
 U.N.T.S. (U.N. Treaty Series)
8/14/2012 36
TREATIES AND INTERNATIONAL
AGREEMENTS
6.2.2. Indexes: PHILIPPINE TREATIES
 INDEX 1946-1982 (Bilateral & Multilateral)
 INDEX TO U.N.T.S. – every 100 volumes
 U.N. MULTILATERAL TREATIES
DEPOSITED WITH THE SECRETARY-
GENERAL, STATUS as of 3 December 1997.
3 V.
8/14/2012 37
 PHILIPPINE TREATIES INDEX 1946-1982
 SUBJECT APPROACH
 COUNTRYAPPROACH
 UN TREATIES INDEX
 SUBJECT APPROACH
 CHRONOLOGICALAPPROACH
 UN INDEX TO MULTILATERAL TREATIES
 SUBJECT APPROACH
8/14/2012 38
STATUTES PROPER
 Total no. of statutes _______ to date
 TERMINOLOGY OF STATUTES
- Acts or Public Acts – 1900-1935 – 4,275 laws
- Commonwealth Acts – 1936-1946 – 733 laws
8/14/2012 39
TERMINOLOGY OF STATUTES
- Republic Acts – 1946-Sept. 21, 1972 – 6,635 laws
- Presidential Decrees – 1972-Feb. 20, 1986 – 2,035 laws
- Batas – July 23, 1984 –Feb. 1, 1986 – 891 laws
- Executive Orders – Feb. 23, 1986- July 26, 1987 – 302 laws
- Republic Acts, July 27, 1987 – to August 24, 2007
(R.A. 6636 - R.A. 9494 – (Declaring Mibilisan Watershed, Misamis Oriental
as a protected Landscape area, providing for its management) - 2,858
laws
8/14/2012 40
STATUTE LAW
Primary Sources Secondary Sources Finding Tools
Statutes

× Acts/Public Acts, 1900-1935 –
4,275 Laws
× Commonwealth Acts, 1936-
1946
× Republic Acts, 1946-1972 –
6,635 Laws
× Presidential Decrees, 1972-
986 – 2,035 Laws
× Batas, 1984-1986 – 891 Laws
Executive Orders, 1986-1987 – 302
Laws
× Republic Acts, 1987 to date – 2,116
Laws
Philippine Permanent General
Statutes, (PPGS) 5 v.

Philippine Annotated Laws (PAL)



Vital Legal Documents of the
New Society (SBS) 114 v.

Arroyo and Frianeza, 1986-87
Presidential Issuances, 2 v.

LEX LIBRIS (CD ROM)
PHIL. JURIS (CD ROM)
PPGS Index
House of Rep. Compendium of
Philippine Laws, 1989, 2 v.
PAL Index



Feliciano, Subject Guide to PD’s
and Four (4) supplements

Arroyo and Frianeza 1986-87
Presidential Issuances

LEX LIBRIS (CD)
PHIL JURIS (CD)

OFFICIAL GAZETTE LAWS AND
RESOLUTIONS
× Admin Regulations
× Official Gazette
× National Administrative Register,
1990 to date (Quarterly)
× Publications of Particular
Administrative Agencies


LEX LIBRIS (CD ROM)
Environment and Natural
Resources, Taxation, Labor and
Social Legislation, Local
Governments, Election Law


LEX LIBRIS


NAR INDEX


17,729
17,466 2858
8/14/2012 41
6.3.4 To determine legislative intent - look at the Legislative
history of the laws
 Approaches:
 Use the Index to Congressional Record or Journal
 b. Use History of Bills and Resolutions volume.
 Arrange numerically bill no. -
 H. No.
 S. No.
 P.B. No.
 C.B. No
 Locate the date of the Second reading as debate/discussion
of the law is made.
8/14/2012 42
ADMINISTRATIVE REGULATIONS AND RULES
Official Gazette
The National Administrative Register, v. 1. 1990 -
(Quarterly) Publication by UP Law Center
Publications of particular administrative agencies
 SEC Folio, 1946-1976. SEC Bulletin
 SEC Weekly Bulletin
 Civil Service Reporter
 Financial Journal
 Central Bank Annual Reports and Compilations
 Rules and Regulations Implementing the Labor Code
 Rules of procedure of Adm. Agencies
4V. U.P. Law Center, 2007.
8/14/2012 43
 Comprehensive Agrarian Reform Program and
Presidential Issuances
 Department of Justice, U.P. Law Center 2003.
 Insurance Reporter
 ORDINANCES
 COURT RULES
 MILITARY RULES
8/14/2012 44
RESEARCH IN CASE LAW
 Case law divided into:
 Conventional decisions - all rulings made by regularly
or specially Constituted Courts
 Subordinate decisions - all rulings made in accordance
with law by administrative and legislative tribunals
8/14/2012 45
Supreme Court Decisions
 Court decisions are collected chronologically in
volumes called case reports, and summarized by
subject matter in reference works.
 Texts: Philippine Reports v. 1, 1901
 Philippine Reports, v. 1, 1901 -
8/14/2012 46
Supreme Court Decisions
 SCRA v. 1, 1961 -
 Official Gazette, v.1, 1901 - Prewar issues available
on microfilm at the U.P. Main Library
 Supreme Court Unpublished Decisions, March 1946-
1960, compiled by David Nitafan 2v.
8/14/2012 47
CASE LAW
8/14/2012 48
Primary
Sources
Secondary
Sources
Finding Tools

C.L. Magsino, Compendium of Philippine Jurisprudence, 1945-
1980. 9 v. & 2 1989 supplements.
L.C. Castigador, Citations; Excerpts of Supreme Court
Decisions, v. 1, 1990 to date
CASE/CITATIONS APPROACH
Philippine Digest, 1901-1945, v. 6, 9, 11 & 13
Republic of the Philippines Digest, v. 8, 18 and supplement to
v. 18.
Dizon’s Philippine Citations, 1901-1935 Ateneo Law Library,
Index to Cases Decided by the Supreme Court 1961-1975
U.P. Law Center, Title Index to Supreme Court Decisions,
1945-1975; 2 v. with Supplements, 1978-1982, 2 v.
LEX LIBRIS;
PHILJURIS
Supreme Court Decisions Title Index, 1982-1985, 543 p.
U.P. Law Library Computerized Subject and Title, Index to
Supreme Court Decisions, 1986-1996 (CD-ISIS)
Philippine Law Reports, 1974 to date (UP Law Center)
PHILJA Fax/ Electronic Alert Monthly



8/14/2012 49
Primary Sources Secondary
Source
Finding Tools
2. Court of Appeals

Court of Appeals Reports, 2
nd

series 1961-1980

Official Gazette (selected
decisions)

Court of Appeals Reports
Annotated (CARA), v. 1, 1986

3. Sandiganbayan Reports
Court of Appeals Reports
Annotated
(CARA) v. 1, 1986 – 12, 1992.





R. Rodriguez, Sandiganbayan
Reporter, 2v April 15, 1988 – Feb.
28, 1990, Dec. 5, 1991
(Central Professional Books, 1995)
- Presents only Sup. Decisions
and the Anti-Graft and Corrupt
Practices Act

Velayo’s Digest of Supreme
Court and the court of Appeals
Decisions (1943-1968). 25 v. with
Annual Supplements


LEGISLATION IN THE PHILIPPINES
(1900-2007)
PERIOD LEGISLATIVE
AUTHORITY
NAME OF
STATUTES
NUMBER OF
STATUTES
ENACTED
1900-1935 Philippine Commission, Philippine
Assembly, Philippine Legislature
Acts 4,275
1935-1941 National Assembly, Congress Commonwealth
Acts
733
1946-1972 Congress Republic Acts 6,635
1972-1986 Marcos as Legislator under Martial
Law
Presidential
Decrees
2,036
Batasang Pambansa (1978-1986) Batas Pambansa 891
1986-1987 President Aquino as Legislator in
the Revolutionary Govt
Executive Orders 302
1987-to
present
Congress Republic Acts 2,857
HOW A BILL BECOMES A LAW
STATUTORY LAW
Three Step
Approach
How to Search for
Statutes using Printed
Materials..
Acts and Resolutions of the Batasang Pambansa. Q.C.:
Batasang Pambansa (1978-1984). 6v
Arroyo, Basilisa C., and Perla S. Frianeza, eds. 1986
Presidential Issuances; An Annotated Compilation of
Executive Orders, Proclamations, Memorandum Orders,
Memorandum Circulars and Ad2vministrative Orders,
February 25-December 31, 1986. Q.C.: UP Law Center (1987).
Commonwealth Acts Nos. 1-733. Comp. by the House of
Representatives Legislative Reference Library. Manila 4v.
Commonwealth Acts Annotated by Sulpicio Guevarra. Q.C.:
Bookwealth (1968). 3v.
Aguirre, Vyva Victoria. Subject and Title Index to Executive Orders.
February 25, 1986 - July 26, 1987. Q.C.: UP Law Center (1987). Legis
Index No. 1
Albert, Justo R., and Rizal Gorospe Daga. Philippine Laws Made
Easier to Find. Manila: Wisdom Book Store (1954). 373p.
Arroyo, Basilisa C., and Perla S. Frianeza. Topical Index: 1986
Presidential Issuances. Q.C.: UP Law Center (1987)
Moran, Isabelo C. Index to Republic Acts Nos. 1-1613 (vols. 1-11)
Consisting
Congressional Bills Enacted (1946-1956) with supplement. Manila:
PLJ Publications (1956) 457p.
Philippine Annotated Laws. Manila: Lawyers Cooperative Pub. v
Philippines. Batasang Pambansa. Library Services. Source List of
Executive Orders (1966-1986). (1986) Source List of Letters of
Instruction (1972-1986).
Philippines. Congress. House of Representatives. Subject Index to
Compendium of Philippine Laws. Q.C.: House of Representatives (1989).
Vol.3
Philippines. Congress. House of Representatives. Index Guide for Executive
Order Nos. 1-302. Q.C.: House of Representatives (1989).
Philippines. Presidential Decrees and Subject Index by Malacanang Records
Office. Manila: Malacanang (1976).
Presidential Decrees Guide and Subject Index, No. 1-1000. Manila:
Malacanang Records Office (1976).
Subject Guide to Presidential Decrees and other Presidential Issuances. 1975-
1986 by Myrna S. Feliciano. QC: U.P. Law Center (1975-1987). v. with suppl.
Subject Index to the Official Gazette, 1945-1985 by the Supreme Court Library
Services. Manila: Supreme Court of the Philippines (1993) 2vols.
Vital Legal Documents Index Guide: Covers all Presidential Decrees, Letters
of Instructions, General Orders and CB Circulars from volumes 1-25. Q.C.
Central Book Supply (1976).
General Principles of
Statutory Constructions &
Interpretation
[How to interpret Statutes]
Where the Terms of the Statute are CLEAR & UNAMBIGUOUS…
Just Apply the Law.
• The fundamental duty of the court is to apply the law.
•Construction & Interpretation come only after it has been demonstrated
that the application is impossible or inadequate without them.
Statutory Law
Research Techniques
This method requires one to determine which word or
phrase relates to the issues one is researching and then
locate those words and phrases in the general index, which
will then direct him to the appropriate statute or
jurisprudence.
1.Conduct to
determine:
Jurisdiction
Keywords
Time period
2. Consult secondary sources
(law reviews, encyclopedias, hornbooks, nutshells, deskbooks, etc.)
to learn more about the topic. These sources often provide citations
to relevant statutes or to the popular name of the statute.
3.Use the and/or the
for the appropriate statutory code.
For online sources: search by
4. Read the statute to determine if it does indeed cover the legal
issue you are researching.
5. Browse the chapter or title outline to see if other sections may
also be pertinent.
6. Print and Online Sources: Look for Updates on
the statute.
7. Look at the to the
statute(s).
CONSTITUTIONAL AND STATUTORY RESEARCH
A. The 1987 Constitution
B. Treaties and International Agreements
C. Statues enacted by the Legislature
D. Administrative Rules and Regulations
E. Ordinances by Local Government Units
CONSTITUTIONAL AND STATUTORY RESEARCH
A. THE 1987 CONSTITUTION
HISTORICAL BACKGROUND
1899 Malolos Constitution
-drafted by non-elective delegates, not
ratified, and not implemented
CONSTITUTIONAL AND STATUTORY RESEARCH
1935 Constitution
•Created by authority of the Tydings Mcduffie Law
•Constitutional Convention July 30, 1934-February
8, 1935
•March 3, 1935, the US president approved the draft
•May 14, 1935, the Filipino electorate ratified by an
overwhelming majority vote
•November 15, 1935, the Commonwealth
Government established by the constitution became
operative
CONSTITUTIONAL AND STATUTORY RESEARCH
1973 Constitution
•March 16, 1967 the Philippine Congress pursuant to
the authority given to it by the 1935 Constitution,
passed Resolution No. 2 (amended as Resolution no. 4
on June 17, 1969) calling a convention to propose
amendments
•Constitutional Convention begun on June 1, 1971
•Before the Constitutional Convention could finish its
work, martial law was imposed on the entire Philippines
on September 21, 1972
CONSTITUTIONAL AND STATUTORY RESEARCH
1973 Constitution
•On January 17, 1973, President Marcos issued
Proclamation No. 1102.
•Proclamation 1102 declared that the proposed
constitution was ratified by the Citizens Assemblies
organized by P.D. No. 86.
•March 31, 1973 a divided SC ruled that “there is no
further judicial obstacle to the new Constitution being
in force and effect”
CONSTITUTIONAL AND STATUTORY RESEARCH
The Freedom Constitution
•Outcome of People Power in 1986
•President Cory Aquino chose instead to
govern under a Provisional Constitution
designed to enable her to meet the people’s
challenge.
•The document of revolutionary defiance was
Proclamation No. 3.
CONSTITUTIONAL AND STATUTORY RESEARCH
1987 Constitution
•Art. VI of Proclamation No. 3 enabled the President
to choose 50 natural born citizens to form a
Constitutional Commission to draft a new
constitution
•Criteria: natural born citizen, recognized probity,
known for their independence, nationalism and
patriotism from various sectors of society
•The 1986 Constitutional Commission convened on
June 1, 1986 and finished its work on October 15,
1986.
CONSTITUTIONAL AND STATUTORY RESEARCH
1987 Constitution
•On February 2, 1987 the filipino people overwhelmingly
ratified the new Constitution
•February 11, 1987 through the issuance of Presidential
Proclamation No. 58 the results of the plebiscite was
made public
•Most of the provisions were a reaction to governmental
abuses under the Marcos regime.
CONSTITUTIONAL AND STATUTORY RESEARCH
TOOLS FOR INTERPRETATION
•The Constitutional Convention proceedings provide for the
intent and background of each provision of the
Constitution.
•Sources for the 1934-1935 Constitutional Convention are:
10 volumes of the Constitutional Convention Record by the
House of Representatives (1966)
•Salvador Laurel's seven volumes book entitled
Proceedings of the Constitutional Convention (1966);
•6 volumes of the Philippine Constitution, Origins, Making,
Meaning and Application by the Philippine Lawyers
Association with Jose Aruego as one of its editors (1970)
CONSTITUTIONAL AND STATUTORY RESEARCH
•Journals (3 volumes) and Records (5 volumes) of the
Constitutional Convention of 1986 were published by the
Constitutional Commission.
•This publication does not have an index. This problem was
remedied when CD Technologies Asia Inc. came out with a CD-
ROM version which facilitated research for it has a search
engine.
•The proceedings and text of the 1935, 1973 and 1987
Constitutions are available at the Supreme Court E-Library.
•Commentaries or interpretations on the constitution, decisions
of the Supreme Court and other courts, textbooks or treaties,
periodical articles of the different Constitution are available
(REX, Central, UP Law Center etc.)
The 1987 Constitution
 On February 25, 1986 as a result of the people power
against the Marcos regime, the new President
proclaimed a Freedom Constitution, to be effective
pending the adoption of a permanent Constitution.
 The intention was to correct the shortcomings of the
previous constitutions and specifically eliminate all the
iniquitous vestiges of the past regime.
 The late President Corazon C. Aquino created a
Constitutional Commission composed of fifty members
appointed by her and charged it to frame a new charter
not later than September 2,1986.
 The members came from various sectors and
represented different opinion.
 The final draft was approved on October 15, 1986.
 The plebiscite was scheduled and held on February
2,1987.
 76.29% had voted to ratify the constitution and only
22.74% had voted against the ratification.
 The 1987 Constitution created a bicameral legislature,
the Senate as Upper House composed of 24 Senators
elected at large and the House of Representative
composed of not more than 250 members from district
representative and party list representative.
CONSTITUTIONAL AND STATUTORY RESEARCH
B. TREATIES AND INTERNATIONAL AGREEMENTS
× A pact between two independent nations in
view of public welfare
× International agreement embodied in a single, formal
instrument or two or more related instruments made
between entities both or all of which are subjects of
international law possessed of international personality
and treaty making capacity and intended to create rights
and obligations, or to establish relationships, governed by
international law. (Report on Law of Treaties to the
International Law Convention)
TREATIES AND INTERNATIONAL
AGREEMENTS
TREATY- is an agreement or a contract between two
(bilateral) or more (multilateral) or sovereigns, entered
into by agents appointed (generally the Secretary of
Foreign Affairs or ambassadors) for the purpose and
duly sanctioned by supreme power of the respective
countries.
Found in art. 2 sec. 2 of 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.
 Treaty that do not have legislative sanctions are
executive agreements.
 May or may not have legislative authorization.
 Limited execution by constitutional restrictions.
 Valid and Effective unless concurred in by at least two-
thirds of all members of the Senate ( Consti. ArticleVII
sec.21)
 Those w/out concurrence of the Senate are considered
as Executive Agreements.
 The President may enter into international treaties but
with limitations as provided by law.
× Power of treaty making lies in the executive
branch sec. 21 art. 7 of 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.
× Valid and Effective unless concurred in by at least two-
thirds of all members of the Senate ( Consti. ArticleVII
sec.21)
 Those w/out concurrence of the Senate are considered
as Executive Agreements.
 The President may enter into international treaties but
with limitations as provided by law.
The official text of treaties is published in:
- Official Gazette
- Department of Foreign Affairs Treaty Series (DFATS)
- United Nations Treaty Series (UNTS)
- University of the Philippines Law Center’s
Philippine Treaty Series (PTS)
CONSTITUTIONAL AND STATUTORY RESEARCH
ESecondary materials are found in:
Þ1971 - Case and Materials on
International Law (Abad Santos)
Þ1974 - Public International Law
(Salonga)
Þ1998 – International Law (Cruz)
Þ1999 – International Law, with
Philippine Cases and Materials
and ASEAN Instruments
(Santiago)
 4,275 ACTS - Enactments from 1900-1935
 733 Commonwealth Acts - Enactments from 1935-1945
 9547 Republic Acts - Enactments from 1946-1972,
1987- April 1, 2009
 884 Batas Pambansa. – Enactments from 1979-1985
 2034 Presidential Decrees - Enactments from 1972-
1985
 Executive Orders – issued by Former President Aquino
pursuant to 1986 Provisionary Constitution.
STATUTES ENACTED BY THE
LEGISLATURE
CONSTITUTIONAL AND STATUTORY RESEARCH
C. STATUTES ENACTED BY THE LEGISLATURE
1. HISTORICAL OVERVIEW
a.Pre-Spanish Period
b.Spanish Period
c.Philippine Revolution
d.American Period
e.Commonwealth Period
f.Japanese Period
g.Period after Independence
h.Martial Law Period
i.Aquino’s Revolutionary Government
j.Post-1987 era
LEGISLATION IN THE PHILIPPINES
PERIOD LEGISLATIVE
AUTHORITY
NAME OF
STATUTES
NUMBER OF
STATUTES
ENACTED
1900-1935 Philippine Commission, Philippine
Assembly, Philippine Legislature
Acts 4,275
1935-1941 National Assembly, Congress Commonwealth
Acts
733
1946-1972 Congress Republic Acts 6,635
1972-1986 Marcos as Legislator under Martial
Law
Presidential
Decrees
2,036
Batasang Pambansa (1978-1986) Batas Pambansa 891
1986-1987 President Aquino as Legislator in
the Revolutionary Govt
Executive Orders 302
1987-to
present
Congress Republic Acts 2,857
HOW A BILL BECOMES A LAW
CONSTITUTIONAL AND STATUTORY RESEARCH
2. HOW A BILL BECOMES A LAW
FILING WITH
THE OFFICE OF
THE
SECRETARY
FIRST READING
COMMITTEE
HEARINGS –
REPORT
SCHEDULE FOR
SECOND
READING
SECOND
READING –
VOTING
THIRD
READING -
VOTING
REFERRAL FOR
CONCURRENCE
ENROLLMENT OR
BICAMERAL
CONFERENCE
SUBMISSION TO THE PRESIDENT FOR SIGNATURE
CONSTITUTIONAL AND STATUTORY RESEARCH
3. COMMON TERMS IN LEGISLATION
× veto
× bill
× law
× amendment
× repeal
× enacting clause
× Preamble
× mandatory and directory
CONSTITUTIONAL AND STATUTORY RESEARCH
4. Parts of A Statute
I. Title
Every bill passed by Congress shall embrace only one subject,
which shall be expressed in the title thereof
II. Enacting Clause
a. Written immediately after the title
b. States the authority by which the act is enacted
III. Preamble
a. Prefatory statement, explanation or finding of facts reciting the
purpose, reason, or occasion for making the law to which it is
prefixed
CONSTITUTIONAL AND STATUTORY RESEARCH
IV. Purview or Body
The part of the statute that states what the law is all about,
details and its provisions.
II. Separability Clause
States that if any provision of the act is declared invalid, the
remainder shall not be affected.
CONSTITUTIONAL AND STATUTORY RESEARCH
5. EFFECT AND APPLICATION OF LAWS
PUBLICATION AS A REQUISITE FOR EFFECTIVITY
Laws shall take effect after fifteen (15) days following the
completion of their publication in the Official Gazette or in
a newspaper of general circulation.
STATUTES IN FORCE
Statutes may either be temporary or permanent.
a. Temporary – in force for a limited time
- terminates upon expiration of the term or;
- upon occurrence of certain events
b. Permanent - continues in force until changed or
repealed
HISTORY OF LEGISLATION IN THE PHILIPPINES
Spanish Period
• Legislative power
- Governor General- who exercised legislative
functions by promulgating executive decrees,
edicts or ordinances with the force of law.
- Royal Audencia (Spanish Supreme)- exercised
legislative functions when laws are passed in
the form of Autos Accordados.
- Crown Spain- exercised laws through councils.
LEGISLATIVE PERIODS OF THE
PHILIPPINES
 Malolos Congress (1889-1899)
 Philippine Commission (1900-1907)
Schurman Commission (also known as the First
Phil.Commission)
Taft Commission (also known as the Second Phil. Commission)
The Philippine Assembly-Composed of Predominantly Filipinos
(1907-1916)
 The Philippine Legislature (1916-1935) Unicameral then later
became Bicameral.
 National Assembly (1935 -1946)
 Commonwealth Congress (1945 -1946)
 Congress of the Philippines (1946-1972)
 Martial Law Period (1972-1978)
 The Batasang Pambansa (1978-1986)
 Provisional Republic (1986-1987)
 Interregnum Period
 Congress of the Philippines (1987- Present)
¤ Administrative acts and commands of the President
are made effective by the issuance of Executive
Orders.
¤ Orders fixing the dates when specific laws, resolutions
or orders are to have or cease to take effect and any
information concerning matters of public moment
determined by law, resolution, or executive orders
take the form of EXECUTIVE PROCLAMATIONS.
D. Administrative Acts and Orders
CONSTITUTIONAL AND STATUTORY RESEARCH
 Administrative orders are confined to the exercise by the
President of his power deciding administrative cases
 May contain regulations of conduct of subordinate officers in
the executive department in the performance of their official
duties
CONSTITUTIONAL AND STATUTORY RESEARCH
Agencies with IMPLIED QUASI-
LEGISLATIVE POWERS
 They have administrative rules and regulations w/c have not
been EXPRESSLY DIRECTED BY LAW TO BE ISSUED, but
are NECESSARY in the proper discharge of the functions of
the agency.
 Ex: Bureau of Forestry, Bureau of Prisons, NBI, Bureau of
Tourism Services, DSWD.
Agencies with EXPRESS QUASI-
LEGISLATIVE POWERS
 They are specifically authorized by law to PROMULGATE
implementing rules and regulations
 Ex: Government Service Insurance System, SSS, DoLE, BIR,
Philippine Medical Car Commission, Board of Investments
Publications on Administrative Rules
and Regulations
 Usually published in the Official Gazette
 Must be published before they become effective
 Issuing department, bureau or agency must keep official
records and files thereof and mimeograph copies are usually
made available to the public.
Requirements for Validity
 Within the authorized limits and jurisdiction of the
office issuing such
 In accordance with the provisions of law authorized in
their issuance
**Govt agencies may be grouped together in accordance
with their powers and functions
CONSTITUTIONAL AND STATUTORY RESEARCH
ADMINISTRATIVE RULES AND
REGULATIONS
Administrative Rules and Regulation – are orders, rules
and regulations issued by the heads of Departments,
Bureau and other agencies of the government for the
effective enforcement of the laws within their
jurisdiction.
 In order that such rule and regulations may be valid,
they must be within the authorized limits and jurisdiction
of the office issuing them.
 It must be in accordance with the provisions of the law
authorizing their issuance.
Publications by particular
administrative agencies
 Civil Service Commission
 SEC
 Central Bank
 Department of Labor and Employment
 Department of Agrarian Reform
 Department of Justice
 Dangerous Drugs Board
 Board of Investments
 Office of the Insurance Commission
ORDINANCES BY THE
AUTONOMOUS REGIONS
 In 1987 Constitution the Autonomous Regions in
Muslim Mindanao and Cordillera was created.
 The legislative assemblies enact ordinances to govern
the region and may created administrative agencies to
operate in the regions.
E. ORDINANCE BY LOCAL GOVERNMENT UNITS
What is an ORDINANCE?
-Ordinance is a local law that prescribes rules of conduct of
a general, permanent character. It continues to be in force
until repealed or superseded by a subsequent enactment of
the local legislative body.
CONSTITUTIONAL AND STATUTORY RESEARCH
LOCAL LEGISLATIVE POWER IS EXERCISED BY THE FOLLOWING:
¤Sangguniang Panlalawigan for the province
¤Sangguniang Panlungsod for the city
¤Sangguniang Bayan for the municipality
¤Sangguniang barangay for the barangay (Sec. 48 LGC)
LANGUAGE OF THE ORDINANCE
 The text of the ordinance or resolution shall be
disseminated and posted in Filipino or English and in the
language or dialect understood by the majority of the
people in the local government unit concerned, and the
secretary to the sanggunian shall record such fact in a
book kept for the purpose, stating the dates of approval
and posting.
CONSTITUTIONAL AND STATUTORY RESEARCH
ORDINANCES BY THE LOCAL
GOVERNMENT UNITS
 The basic local government units:
× Provinces (Sangguniang Panlalawigan) elected by
× Cities (Sangguniang Panglungsod) districts
× Municipalities (Sangguniang Bayan)
× Barangays (Sangguniang Barangay) - elected at
large
 Each of these units have lawmaking powers to pass
―Ordinances‖.
 Local ordinances is legally ineffective if inconsistent
with statutes enacted by Congress.
 The President exercises supervision over the local
Governments.
 Each regions composed of several provinces while
each provinces is composed of municipalities and
component cities.
 The Provincial Government is composed of the
governor, vice-governor, member of the sangguniang
panlalawigan and other appointed officials.
 The City Government is composed of the mayor, vice-
mayor, members of the sangguniang panglunsod and
other member of the appointed officials.
 Municipalities consists of group of Barangays.
 The municipal government composed of the mayor,
vice-mayor, sangguniang member and other member of
the appointed officials.
 In order for the municipality to be converted into cities, a
law or act of Congress must be passed by virtue of the
provisions of the Local Government Code and
Constitution.
 A plebicite must be conducted to determine if a majority
of the people in the said municipality are in favor of
converting the municipality into a city.
 Barangay is the smallest local government unit.
FINDING TOOLS
Legislative History Research
 Determined the purpose of the research and decide
whether an in depth research is necessary.
 Gathering information
× Session law number
× Bill number- can be found at the end of the relevant code
× Compiled legislative History
Source and Type of Legislative History
Documents
 General Information
 Bill History
 Hearings
 Committee Prints
 Floor Debates
 House Journals
 Presidential Statements
History and Evolution of
Philippine Court system
Pre-Hispanic Period
 Barangay chiefs exercised judicial authority
Spanish Period
 early years of the Spanish period- Miguel Lopez de
Legaspi, the first governor general of the Philippines
where he administered civil and criminal justice under
the Royal Order of August 14, 1569.
 May 5, 1583- Royal Audencia,composed of a
president, four oidores (justices) and a fiscal
Royal Audiencia
 exercised both administrative and judicial functions
 modified in 1815 - its president was replaced by a chief
justice and the number of justices was increased
 Audencia Territorial de Manila with two branches, civil
and criminal
 Royal Decree issued July 24, 1861 converted it to a purely
judicial body
 decisions were appealable to the Supreme Court of the
Philippines to the Court of Spain in Madrid
Royal Audiencia
 February 26, 1898-territorial Audencia in Cebu and
Audencia for criminal cases in Vigan
 1898- Audencias were suspended by General Wesley
Merrit when a military government was established
after Manila fell to American forces
 May 29, 1899-General Order No. 20;
 Major General Elwell S. Otis re-established the
Audencia
 six Filipino members of the Audencia
Act No. 136 (Judiciary Law)
and the Supreme Court
 June 11, 1901-abolished the Audencia and
established the present Supreme Court
 Cayetano Arellano as the first Chief Justice
 associate justices, the majority of whom were
American
 New Supreme court promulgated its first decision
Philippine Supreme Court
 started only during the Commonwealth, 1935
 Claro M. Recto and JPL were among the first Filipino
appointees replacing the American justices
 Administrative Code of 1917
 a Chief Justice and eight associate Justices
 Ordained SC as the highest judicial tribunal
 May 14, 1935 Constitution- increased to 11 with two
divisions of five members each
 1973 Constitution -15 with two (2) divisions
1987 Constitution and the
Supreme Court
 composed of a Chief Justice and fourteen Associate
Justices who shall serve until the age of seventy (70)
 Court may sit En Banc or in its three (3) divisions
composed of five members each
 vacancy must be filled up by the President within
ninety (90) days of occurrence
Article VIII and the Supreme
Court
 Judiciary Reorganization Act of 1980- transferred
from the Department of Justice to the Supreme Court
the administrative supervision of all courts and their
personnel
 Office of the Court Administrator (OCA)- created
under PD No. 828, as mended by PD No. 842, further
strengthened by a Resolution of the Supreme Court En
Banc dated October 24, 1996.
The Office of the Court
Administrator (OCA)
 supervision and administration of the lower courts
 reports and recommends to the Supreme Court all
actions that affect the lower court management
 headed by the Court Administrator,
 three (3) Deputy Court Administrators and
 three (3) Assistant Court Administrators.
Rules of Court
 the Rule on the Writ of Amparo, approved on
September 25, 2007 and effective on October 24,
2007,
 Rule on the Writ of Habeas Data, approved on
January 22, 2008 and effective February 2, 2008
Court of Appeals
 Establish through Commonwealth Act No. 3 (December 31,
1935), pursuant to the 1935 Constitution (Art VIII, sec. 1)
 formally organized on February 1, 1936
 composed of eleven justices with Justice Pedro Concepcion
as the first Presiding Justice
 increased to 15 in 1938
 increased to 17 in 1942 by virtue of Executive Order No. 4
 regionalized in the later part of 1944 when five District
Court of Appeals were organized for Northern, Central and
Southern Luzon, for Manila and for Visayas and Mindanao
Court of Appeals
 abolished by President Osmena in 1945, pursuant to Executive Order No. 37
 re-established on October 4, 1946 by virtue of Republic Act No. 52
 Presiding Justice and fifteen (15) Associate Justices
 Republic Act No. 1605 to eighteen (18);
 Republic Act No. 5204 to twenty-four (24); Presidential Decree No. 1482 to
one (1) Presiding Justice and thirty-four (34) Associate Justices;
 Batas Pambansa Blg. 129 to fifty (50);
 Republic Act No. 8246 to sixty-nine (69).
 Republic Act No. 8246, the Court of Appeals in Cebu, and Cagayan de Oro
were established.
Court of Appeals
 Batas Pambansa Blg. 129 changed the name to
Intermediate Appellate Court.
 Executive Order No. 33 brought back its name to
Court of Appeals.
Sandiganbayan
 was created to maintain integrity, honesty and
efficiency in the bureaucracy and weed out misfits and
undesirables in government service
 1973 Constitution (Art. XIII, sec. 5)
 1987 Constitution (Art. XI, sec. 4)
 restructured by Presidential Decree No. 1606 as
amended by Republic Act No. 8249
 Presiding Justice and fourteen (14) Associate Justices
still in five Divisions of three (3) Justices each.
Court of Tax Appeals
 Created by Republic Act No. 1125 on June 16, 1954
 appellate court to review tax cases
 Republic Act No. 9282
 its jurisdiction has been expanded where it now enjoys
the same level as the Court of Appeals
 three to six justices
Regional Trial Court
 jurisdictions are defined in sec. 19-23 of Batas
Pambansa Blg. 129 as amended by Republic Act No.
7671
 Interim Rules was promulgated in November 2000
and December 2008 affects special commercial courts
MeTC, MCTC. MTC,
MTCC
 jurisdiction is provided for by section 33, 35 of Batas
Pambansa Blg 129
 jurisdiction has been expanded by special laws namely
Republic Act Nos. 9276, 9252, 9305, 9306, and 9308.
 A.M. No. 08-8-7-SC, enacted September 9, 2008 and
effective October 1-2008, the Metropolitan Trial Courts,
Municipal Trial Courts in Cities, Municipal Trial Courts and
Municipal Circuit Trial Courts were designated to try small
claims cases for payment of money where the value of the
claim does not exceed One Hundred Thousand Pesos
(P100,000.00) exclusive of interest and costs
Shari’a Courts
 created by sec. 137 of Presidential Decree No. 1083
or the Code of Muslim Personal Laws
The End

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