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Legaspi v Ministry of Finance In 1982, after the lifting of Martial Law, Legaspi, then incumbent member of the interim Batasang Pambansa, petitioned to declare Presidential Decree 1840 “granting tax amnesty and filing of statement of assets and liabilities and some other purposes” unconstitutional. He argued that said decree was promulgated despite the fact that under the Constitution „(T)he Legislative power shall be vested in a Batasang Pambansa‟ (Sec. 1, Article VIII) and the President may grant amnesty only „with concurrence of the Batasang Pambansa. In this case, there was no concurrence given by the IBP. Legaspi averred that since Martial Law is already lifted, the president can no longer arbitrarily enact laws. At the same time, Legaspi averred that Amendment No. 6, which provides legislative powers to Marcos, is invalid because that is no longer allowed after the lifting of the ML. ISSUE: What are the possible options available to the president other than declaring martial law. HELD: SC ruled PD 1840 to be valid. SC declared it must be emphatically made clear that explicitly the power that Amendment No. 6 vests upon the “President (Prime Minister)” are to be exercised only on two specified occasions, namely, (1) “when in (his judgment) a grave emergency exists or there is a threat or imminence thereof” and (2) “whenever the interim Batasang Pambansa or the regular National Assembly (now regular Batasang Pambansa) fails or is unable to act adequately on any matter for any reason that in his judgment requires immediate action.” The power is to “issue necessary decrees, orders, or letters of instruction which shall form part of the law of the land.” As the tenor of the amendment readily imparts, such power may be exercised even when the Batasan is in session. Obviously, therefore, it is a power that is in the nature of the other powers which the Constitution directly confers upon the President or allows to be delegated to him by the Batasan in times of crises and emergencies. The SC also noted that Amendment No. 6 is a measure seen by the president to avoid declaring another martial law. There are also other options that the president can recourse to; they are: (a) emergency powers expressly delegated by the Batasan; (b) call of the armed forces, who otherwise are supposed to be in the barracks; (c) suspension of the privilege of the writ of habeas corpus; and (d) martial law [being the last] President must first exercise emergency powers as may be provided by the legislature. When it fails, it cannot be adequate when lawless violence becomes generalized and public safety is in jeopardy, hence the need to call out the armed forces. And when such situation still aggravates to the point of requiring the preventive incarceration or detention of certain leaders or over active elements, it becomes inevitable to suspend the privilege of the writ of habeas corpus. Should matters really go out of hand even after the putting into effect of the measures aforementioned, under the constitution, without Amendment No. 6, the only recourse would be to proclaim martial law. But inasmuch as martial law is an extreme measure
or tariff bill. it shall become a law as if he had signed it. the calling out of the armed forces and the suspension of the privilege of the writ of habeas corpus. Thus. Again. d. to the other House by which it shall likewise be reconsidered. To be sure. otherwise. and printed copies thereof in its final form have been distributed to its Members three days before its passage. Article 6 Sec 27 (1) and (2) 1. It is. If. this is to avoid the necessity of resorting to the proclamation of martial law that Amendment No. The President shall communicate his veto of any bill to the House where it originated within thirty days after the date of receipt thereof. Paraphrasing President Marcos himself.Forms of Statutes Article VI Sec 26(1)Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereto Enactment of Statutes Article 6.The President shall have the power to veto any particular item or items in an appropriation. sec 26 (2)No bill passed by either House shall become a law unless it has passed three readings on separate days. after such reconsideration. which shall enter the objections at large in its Journal and proceed to reconsider it. two-thirds of all the Members of such House shall agree to pass the bill. 6 is in reality no less than disguised martial law. together with the objections.Every bill passed by the Congress shall. and the names of the Members voting for or against shall be entered in its Journal. and if approved by two-thirds of all the Members of that House. therefore. except when the President certifies to the necessity of its immediate enactment to meet a public calamity or emergency. Legislative process: . the votes of each House shall be determined by yeas or nays. which are concomitants of martial law. that implies coercion and an active and direct role in the government by the military. and the vote thereon shall be taken immediately thereafter. 6 was conceived. may be left out or need not be resorted to when the President acts by virtue of such power. Upon the last reading of a bill. evident that it is grossly erroneous to say that Amendment No. be presented to the President. before it becomes a law. revenue. 6 is that such undesirable features of martial law do not have to accompany the exercise of the power thereby conferred on the Executive. In all such cases. the virtue of Amendment No. it shall be sent. otherwise. If he approves the same he shall sign it. it is but natural to think of it only as a very last resort. but the veto shall not affect the item or items to which he does not object. he shall veto it and return the same with his objections to the House where it originated. 2. martial law is the law of the gun.that carries with it repressive and restrictive elements unpopular to liberty loving and democratically minded sectors of the country. and the yeas and nays entered in the Journal. it shall become a law. no amendment thereto shall be allowed.
and author‟s name are read on the floor. or recommends substitution or consolidation with similar bills filed. only the t itle of the bill is read on the floor. Committee Hearings/Report Committee conducts hearings and consultation meetings. If there are certain differences. and rebuttal to highlight the pros and cons of the bill. If passed. a Bicameral Conference Committee is called to reconcile conflicting provisions of both versions of the Senate and of the House of Representatives. A period of amendments incorporates necessary changes in the bill proposed by the committee or introduced by the Senators themselves on the floor. Senators engage in debate. Second Reading and Third Reading). Voting on Third Reading Printed copies of the bill‟s final version are distributed to the Senators. turno en contra. If approved. the approved Senate bill is referred to the House of Representatives for concurrence. approves it with changes. after which it is referred to the proper committee. bill number.The following is a summary of how a bill becomes a law: Filing/Calendaring for First Reading A bill is filed in the Office of the Secretary where it is given a corresponding number and calendared for First Reading. the final version‟s enrolled form is printed. At the House of Representatives The Lower Chamber follows the same procedures (First Reading. Conference . This time. It then either approves the proposed bill without an amendment. Voting on Second Reading Senators vote on the second reading version of the bill. interpellation. Calendaring for Second Reading The Committee Report with its approved bill version is submitted to the Committee on Rules for calendaring for Second Reading. Nominal voting is held. First Reading Its title. Back to the Senate If the House-approved version is compatible with that of the Senate‟s. the bill is calendared for third reading. Second Reading Bill author delivers sponsorship speech on the floor.
Sections 2-7 CHAPTER 2 Ordinance Power SECTION 2. SECTION 4. upon the existence of which the operation of a specific law or regulation is made to depend. Submission to Malacañang Final enrolled form is submitted to Malacañang. duly approved by both chambers. Title I. — 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. General or Special Orders. . Executive Orders. shall be promulgated in proclamations which shall have the force of an executive order. bureaus or offices of the Government. — Acts of the President fixing a date or declaring a status or condition of public moment or interest. Memorandum Orders.committee submits report on the reconciled version of the bill. 4. SECTION 6. — 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. Administrative Orders. The President either signs it into law. Presidential Issuances 1987 Administrative Code . shall be embodied in memorandum circulars. The Senate prints the reconciled version in its enrolled form. which the President desires to bring to the attention of all or some of the departments. — 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. Chapter 2. SECTION 7. SECTION 5. Book III. SECTION 3. agencies. — Acts of the President on matters relating to internal administration. or vetoes and sends it back to the Senate with veto message. Proclamations. for information or compliance. — 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. Memorandum Circulars.
” It is axiomatic that a rule or regulation must bear upon. “A statutory grant of „powers should not be extended by implication beyond what may be necessary for their just and reasonable execution. as well as with respect to what fields are subject to regulation by it. the HIGC went beyond the authority provided by the law when it promulgated the revised rules of procedure. particularly the statute it is administering or which created it. . or which are in derogation of. the rules of administrative officers and boards.5. and be consistent with. the provisions of the enabling statute if such rule or regulation is to be valid. acting at the same time as the corporation‟s committee of receivers. Section 1(b) of HIGC‟s “Revised Rules of Procedure in the Hearing of Homeowners‟ Disputes” is void. The dispute is not one involving the members of the homeowners‟ association nor it is one between any and/or all of the members and the associations of which they are members. we ruled that the power to promulgate rules in the implementation of a statute is necessarily limited to what is provided for in the legislative enactment. insofar as the association‟s franchise or corporate existence is involved. which have the effect of extending. do not represent a valid exercise of the rule-making power but constitute an attempt by an administrative body to legislate. The appellate court correctly held that: “The inclusion of the phrase GENERAL PUBLIC OR OTHER ENTITY is a matter which HIGC cannot legally do x x x. Delegated Rule Making Power united bf vs bf homes As early as 1970. it is the former that prevails. The parties are the homeowners‟ association and the owner-developer. As provided in the law. Members of the Board of Administrators (PVA). Constitutional and statutory provisions control what rules and regulations may be promulgated by such a body. In the present case. “The rule-making power must be confined to details for regulating the mode or proceedings to carry into effect the law as it has been enacted. There was a clear attempt to unduly expand the provisions of Presidential Decree 902-A. in the case of Teoxon vs. or which conflict with the authority-granting statute. it is only the State. Neither can the HIGC claim original and exclusive jurisdiction over the petition for mandamus under the two other types of disputes enumerated in Presidential Decree 902-A and in the revised rules. Administrative Rules and Regulations a. without ruling on the validity of the rest of the rules. It may not make rules and regulations which are inconsistent with the provisions of the Constitution or a statute. Its terms must be followed for an administrative agency cannot amend an Act of Congress. where the legislature has delegated to an executive or administrative officers and boards authority to promulgate rules to carry out an express legislative purpose.” If a discrepancy occurs between the basic law and an implementing rule or regulation. which it may not use either to abridge the authority given it by Congress or the Constitution or to enlarge its power beyond the scope intended. Thus. the purpose of a statute. or defeat.” The rule-making power of a public administrative body is a delegated legislative power. Moreover. not the “general public or other entity” that could question this. and it cannot be extended to amend or expand the statutory requirements or to embrace matters not covered by the statute. we hold that Rule II.
would have had to be filed with it. 1989 There is after all a hierarchy of courts. clearly and specifically set out in the petition. Distinction between administrative rule and interpretation Victorias Milling Co v Social Security Commission When an administrative agency promulgates rules and regulations. remedies and sanctions intended by the legislature. This is so because statutes are usually couched in general terms. and should also serve as a general determinant of the appropriate forum for petitions for the extraordinary writs. it "makes" a new law with the force and effect of a valid law. Case Law A. A becoming regard for that judicial hierarchy most certainly indicates that petitions for the issuance of extraordinary writs against first level ("inferior") courts should be filed with the Regional Trial Court. purposes. . This is established policy.Legislations of Autonomous Region IV. the removal of the restriction on the jurisdiction of the Court of Appeals in this regard. and compliance therewith may be enforced by a penal sanction provided in the law. "in aid of its appellate jurisdiction" was evidently intended precisely to relieve this Court pro tanto of the burden of dealing with applications for the extraordinary writs which. after expressing the policy. and to prevent further over-crowding of the Court's docket. Legislation of LGU 7. A direct invocation of the Supreme Court's original jurisdiction to issue these writs should be allowed only when there are special and important reasons therefor. while when it renders an opinion or gives a statement of policy. with the Court of Appeals. The details and the manner of carrying out the law are often times left to the administrative agency entrusted with its enforcement. 194). it merely interprets a pre-existing law (Parker. 197. Administrative Law. Administrative Law. partake of the nature of a statute. It is a policy that is necessary to prevent inordinate demands upon the Court's time and attention which are better devoted to those matters within its exclusive jurisdiction. p. 6. Rules and regulations when promulgated in pursuance of the procedure or authority conferred upon the administrative agency by law. and those against the latter. Indeed. but for the expansion of the Appellate Court's corresponding jurisdiction. objectives. p. Hierarchy of Courts People v Cuaresma April 18. supra — resulting from the deletion of the qualifying phrase. Davis.b. That hierarchy is determinative of the venue of appeals.
as the case may be. Administrative Agencies Exercising Quasi-Judicial Powers D.” .B. Each Electoral Tribunal shall be composed of nine Members. (3) the binding force of the decision was the “actual principle or principles necessary for the decision. It is this internal conflict that the Supreme Court has attempted to deal with for over two centuries. Subordinate Decisions 1. Ting v Velez Ting: The latin phrase stare decisis et non quieta movere means “stand by the thing and do not disturb the calm. Constitution.S. and qualifications of their respective Members. It was recognized by the framers of the U. returns. and the remaining six shall be Members of the Senate or the House of Representatives.” As the rule evolved. b. “strict rules and precedents” are necessary to prevent “arbitrary discretion in the courts. 17 of 1987 Constitution The Senate and the House of Representatives shall each have an Electoral Tribunal which shall be the sole judge of all contests relating to the election. it should be rejected. According to Hamilton. Senate Electoral Tribunal and House of Representativees Electoral Tribunal Art VI Sec.” The doctrine migrated to the United States. who shall be chosen on the basis of proportional representation from the political parties and the parties or organizations registered under the party-list system represented therein. 2.” He added that their ideas “reveal a deep internal conflict between the concreteness required by the rule of law and the flexibility demanded in error correction. Civil Code Article 8. Blackstone observed that at the beginning of the 18th century. The senior Justice in the Electoral Tribunal shall be its Chairman.” Prof. Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines. and. (2) where courts of equal authority developed conflicting decisions. three of whom shall be Justices of the Supreme Court to be designated by the Chief Justice. early limits to its application were recognized: (1) it would not be followed if it were “plainly unreasonable”.” The doctrine started with the English Courts. Stare Decisis and Res Judicata 1. Decisions Proper C. Consovoy well noted that Hamilton and Madison “disagree about the countervailing policy considerations that would allow a judge to abandon a precedent. Stare Decisis a. not the words or reasoning used to reach the decision.” Madison agreed but stressed that “x x x once the precedent ventures into the realm of altering or repealing the law. “it is an established rule to abide by former precedents where the same points come again in litigation.
is a question entirely within the discretion of the court. Supreme Court has refused to follow the stare decisis rule and reversed its decisions in 192 cases. the application of stare decisis on judicial interpretation of statutes is more inflexible. and. stare decisis is not one of the precepts set in stone in our Constitution. Ramos . Board of Education which junked Plessy v. In general. Brandeis stated: “ Stare decisis is not . These are workability. has been viewed as a policy. either by this Court or by a consistent course of decision by other federal judges and agencies. the U. Ferguson's “separate but equal doctrine. .” Thus. In soothing prose. we overturned our first ruling and held. it acquires a meaning that should be as clear as if the judicial gloss had been drafted by the Congress itself. As Justice Stevens explains: “after a statute has been construed. The rule of stare decisis is not inflexible.S. the U.” Plessy upheld as constitutional a state law requirement that races be segregated on public transportation. Supreme Court. Lantion.” In contrast. (2) it cannot accommodate changing social and political understandings. imposing choice but not a command. while horizontal stare decisis. that a private respondent is bereft of the right to notice and hearing during the evaluation stage of the extradition process. . . In its 200-year history. which is again called upon to consider a question once decided. In Brown. Prof. v. courts follow the stare decisis rule for an ensemble of reasons. The most famous of these reversals is Brown v. the U.Indeed. in Secretary of Justice v.” This stance reflects both respect for Congress' role and the need to preserve the courts' limited resources. viz. and. The distinction is important for courts enjoy more flexibility in refusing to apply stare decisis in constitutional litigations. a universal and inexorable command. The second. two centuries of American case law will confirm Prof.S. Constitutional stare decisis involves judicial interpretations of the Constitution while statutory stare decisis involves interpretations of statutes. Indeed.: (1) it legitimizes judicial institutions. this Court has likewise refused to be straitjacketed by the stare decisis rule in order to promote public welfare. In the Philippine setting. unanimously held that “separate . Supreme Court freed the colored Americans from the chains of inequality. In La Bugal-B'laan Tribal Association. Consovoy correctly observes that vertical stare decisis has been viewed as an obligation. Justice Brandeis' view on the binding effect of the doctrine in constitutional litigations still holds sway today. .” In the same vein. by freeing itself from the shackles of stare decisis. courts refuse to be bound by the stare decisis rule where (1) its application perpetuates illegitimate and unconstitutional holdings. known as horizontal stare decisisrequires that high courts must follow its own precedents. The first. reliance. Inc.S. the venerable Justice Frankfurter opined: “the ultimate touchstone of constitutionality is the Constitution itself and not what we have said about it. Whether it shall be followed or departed from. 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. intervening developments in the law and changes . is inherently unequal. Contrariwise. (3) it leaves the power to overturn bad constitutional law solely in the hands of Congress. Two strains of stare decisis have been isolated by legal scholars. we reversed our original ruling that certain provisions of the Mining Law are unconstitutional. (3) it allows for predictability. (4) activist judges can dictate the policy for future courts while judges that respect stare decisis are stuck agreeing with them. Consovoy's observation although stare decisis developed its own life in the United States. Similarly. It is also instructive to distinguish the two kinds of horizontal stare decisis — constitutional stare decisis and statutory stare decisis. An examination of decisions on stare decisis in major countries will show that courts are agreed on the factors that should be considered before overturning prior rulings. (2) it promotes judicial economy. on motion for reconsideration.
(4) find out whether facts have so changed or come to be seen differently. political. whose function is to decide in accordance with international law such disputes as are submitted to it. judicial decisions and the teachings of the most highly qualified publicists of the various nations. Casey. that the new doctrine may have to be applied prospectively in favor of parties who have relied on the old doctrine and have acted in good faith. respondent‟s argument that the doctrinal guidelines prescribed in Santos and Molina should not be applied retroactively for being contrary to the principle of stare decisis is no longer new. the probate of a will or granting of letters of administration shall only beprima facie evidence of the death of the testator or intestate. and. in accordance therewith under the familiar rule of “ lex prospicit. The Court.” c. international conventions. courts put in the balance the following determinants: closeness of the voting. Rule 39 section 47 b. or in respect to the personal. or legal condition or status of a particular person or his relationship to another. the judgment or final order is conclusive upon the title to the thing. may be as follows: (a) In case of a judgment or final order against a specific thing. Pesca. c. b. The court should (1) determine whether the rule has proved to be intolerable simply in defying practical workability. It established a 4-pronged test. as to  have robbed the old rule of significant application or justification. international custom. International Law Article 8 . we explained that the interpretation or construction of a law by courts constitutes a part of the law as of the date the statute is enacted. Effect of judgments or final orders. shall apply: a. and a different view is adopted. In these cases. 2. Res judicata a. (3) determine whether related principles of law have so far developed as to have the old rule no more than a remnant of an abandoned doctrine. having jurisdiction to pronounce the judgment or final order. ICJ Statute 1. — The effect of a judgment or final order rendered by a court of the Philippines. In addition. d. To be forthright. The leading case in deciding whether a court should follow the stare decisis rule in constitutional litigations is Planned Parenthood v. The same argument was also raised but was   struck down in Pesca v.in fact. non respicit. or in respect to the probate of a will. Reyes. paragraph 1. status or relationship of the person. and again in Antonio v. or the administration of the estate of a deceased person. establishing rules expressly recognized by the contesting states. as subsidiary means for the determination of rules of law. the general principles of law recognized by civilized nations. as evidence of a general practice accepted as law. It is only when a prior ruling of this Court is overruled. . (2) consider whether the rule is subject to a kind of reliance that would lend a special hardship to the consequences of overruling and add inequity to the cost of repudiation. however. age of the prior decision and its merits. subject to the provisions of Article 59. the will or administration or the condition. Rule 39 Section 47 (c) Section 47. whether general or particular.
upon any matter within its jurisdiction. with respect to the matter directly adjudged or as to any other matter that could have been missed in relation thereto. and (c) In any other litigation between the same parties or their successors in interest. is conclusive of the rights of the parties or their privies. c) d) . it was rendered after a consideration of the evidence or stipulations submitted by the parties at the trial of the case. a) b)  we enumerated the elements of res judicata as follows: The former judgment or order must be final. In Villanueva v. in all other actions or suits in the same or any other judicial  tribunal of concurrent jurisdiction on the points and matters in issue in the first suit. and without fraud or collusion. a thing judicially acted upon or decided. by a court of competent jurisdiction.  this Court expounded on the concept of res judicata and explained it in this wise: Res judicata literally means “a matter adjudged. c. Yu. and There must be. identity of parties.” Res judicata lays the rule that an existing final judgment or decree rendered on the merits. It must be a judgment or order on the merits. that is. or which was actually and necessarily included therein or necessary thereto. the judgment or final order is. This requisite is satisfied if the two (2)  actions are substantially between the same parties. by title subsequent to the commencement of the action or special proceeding. GSIS v Group Mgmt Corp In Republic of the Philippines (Civil Aeronautics Administration) v. litigating for the same thing and under the same title and in the same capacity.(b) In other cases. It must have been rendered by a court having jurisdiction over the subject matter and the parties. conclusive between the parties and their successors in interest. that only is deemed to have been adjudged in a former judgment or final order which appears upon its face to have been so adjudged. Court of Appeals. of subject matter and of cause of action. a thing or matter settled by judgment. between the first and second actions.
that only is deemed to have been adjudged in a former judgment or final order which appears upon its face to have been so adjudged. as between the first case where the judgment was rendered. not all of them agree that the matters involved in this case have already been judicially settled. When the SC “overrules” one of its past decisions. it will reverse set aside the LC‟s judgment. Reversal and Overruling Reversal has reference to the action of the SC on lower courts judgments in the same particular controversy. While GMC contends that GSIS‟s petition is barred by res judicata." Under the doctrine of conclusiveness of judgment. Ratio decidendi (binding) and Obiter Dictum (persuasive) . conclusive between the parties and their successors in interest by title subsequent to the commencement of the action or special proceeding. the first judgment is conclusive only as to those matters actually and directly controverted and determined and not as to matters merely involved therein. This is "conclusiveness of judgment. However. Section 47(c). or which was actually and necessarily included therein or necessary thereto. this Court held that: There is "bar by prior judgment" when. thus disputing the claim of res judicata. even if the latter suit may involve a different claim or cause of  action. F. and (2) "conclusiveness of judgment" in Rule 39. When the SC reviews the judgment of the LC in a case and concludes the LC reached an erroneous result in the case. and the second case that is sought to be barred. and causes of action. which reads as follows: (b) In other cases. with respect to the matter directly adjudged or as to any other matter that could have been raised in relation thereto. Section 47(b) of the 1997 Rules of Civil Procedure. But where there is identity of parties and subject matter in the first and second cases. there is identity of parties. litigating for the same thing and under the same title and in the same capacity. the conclusiveness of that earlier decision as a settlement of its particular controversy is not affected. In explaining the two concepts of res judicata. both GSIS and LLDHC assert that this Court has not yet decided any similar petition. E. subject matter. and (c) In any other litigation between the same parties or their successors in interest. but the overruled decision is no longer an authoritative precedent for other cases that may arise in the future. but no identity of causes of action. Res judicata has two concepts: (1) "bar by prior judgment" as enunciated in Rule 39.All three parties herein are in agreement with the facts that led to the petitions in this case. facts and issues actually and directly resolved in a former suit cannot again be raised in any future case between the same parties. The identity of causes of action is not required but merely identity of issues. the judgment or final order is.
In addition. Supreme Court Reports. it cannot be relied upon as a precedent to govern other cases V. LAW KF 101 . Pro Hac Vice Professional Services inc v CA : It is not intended to set a precedent and should not serve as a basis to hold hospitals liable for every form of negligence of their doctors-consultants under any and all circumstances. it is the ratio decidendi of the case Court-not bound to follow a dicta from prior decision. series (REF. The U. Appellate briefs from both sides can be very valuable to anyone assessing the legal issues raised in a case. . Dictum=L. must be considered in conjunction with their facts of the case OD= language in a decision that is not necessary to the decision. Partido ng manggagawa v COMELEC A ruling expressly qualified as pro hac vice is limited in application to one particular case only.S. sets the precedent and is binding on courts in the future. it may therefore be persuasive . Unfortunately. LAW KF 101. mandatory when it comes from the decisions of the SC.. Binding and persuasive authority Authority=binding. may also come from decisions of appellate courts in other jurisdictions H. 2nd. Case Briefing A. Its purpose is to persuade the higher court to uphold or reverse the trial court‟s decision.” There ar e at least two different senses in which the term is used. Briefs o f this kind are therefore geared to presenting the issues involved in the case from the perspective of one side only. verb.A42). Appellate brief An appellate brief is a written legal argument presented to an appellate court. refers to what is said by the way G. it may do so if carefully reasoned like jbl reyes or oliver Wendell holmes.RD = holding principle of law in which a case was decided. summaries of the briefs filed on behalf of the plaintiff or defendant for all cases reported are included in the U.K8) includes the full texts of briefs relating to a very few of the many cases heard by this court. decire =to say. Supreme Court is the only court for which briefs are regularly available in published form.9 . Lawyer’s Ed. Case Briefing Confusion often arises over the term “legal brief. they are rarely published. The Landmark Briefs series (REF.S.
The party losing in this appellate court can request that the case be reviewed by the Supreme Court. as shown. the appellate court is being asked to exercise its lawful discretion in granting the cases a hearing for review. They successfully petitioned for a writ of certiorari from . a defendant convicted in a federal district court has the right to appeal this decision in the Court of Appeals of the circuit and this court cannot refuse to hear it. a ruling by a higher court that it hear the case. A person who files a formal appeal demanding appellate review as a matter of right is known as the appellant.Student brief A student brief is a short summary and analysis of the case prepared for use in classroom discussion. Although student briefs always include the same items of information. ascertain what was decided. check with your instructor to ensure that the form you have chosen is acceptable. The losing party in a criminal prosecution or a civil action may ask a higher (appellate) court to review the case on the ground that the trial court judge made a mistake. When Tatum and his fellow appellants won in the Court of Appeals. unless certain special circumstances apply. the winner in the lower court. The Tatum group lost in the District Court and appealed to the Court of Appeals. at any level on the judicial ladder. His or her opponent is the appellee. The government (state or federal) prosecutes defendants in criminal cases in trial courts. appeals and petitions for certiorari. Laird. but. Arlo Tatum and others sued in Federal District Court for an injunction against Secretary of Defense Melvin Laird and others to stop the Army from spying on them.” However. For example. Thus the case was still known at Tatum v. Before committing yourself to a particular form for briefing cases. These two procedures. The name of the party initiating the action in court. A person who seeks a writ of certiorari. It is a set of notes. Laird. If the loser does not have this right. are sometimes loosely grouped together as “appeals. and analyze the reasoning behind decisions made by the courts. Tatum and his friends became plaintiffs and the case was then known as Tatum v. presented in a systematic way. the form in which these items are set out can vary. in order to sort out the parties. has no right to a hearing. THE PARTIES AND HOW TO KEEP TRACK OF THEM Beginning students often have difficulty identifying relationships between the parties involved in court cases. For example. a difference between them. The person who must respond to the petition. where they were referred to as the appellants. always appears first in the legal papers. The following definitions may help: Plaintiffs sue defendants in civil suits in trial courts. his or her lawyers may ask the court for a writ of certiorari. Laird and his fellow appellees decided to seek review by the Supreme Court. his or her lawyers will appeal. is called the respondent. that is. identify the issues. and you should know it. is known as a petitioner. there is. If the law gives the loser the right to a higher court review. and the defendants became the appellees. that is. Under this procedure.
2. or one of the computer-assisted legal research tools (Westlaw or LEXIS-NEXIS). because the way a judge chooses to characterize and “edit” the facts often determines which way he or she will vote and. as a result. STUDENT BRIEFS These can be extensive or short. Issues 4. Decisions (Holdings) 5. . The facts are often conveniently summarized at the beginning of the court‟s published opinion. Facts of the Case A good student brief will include a summary of the pertinent facts and legal points raised in the case. which rule of law will be applied. Separate Opinions 7.” In criminal cases. The citation tells how to locate the reporter of the case in the appropriate case reporter. switches in the titles of cases are common. Sometimes. depending on the depth of analysis required and the demands of the instructor. based on what occurrences. and Tatum and his fellows were the respondents. and what happened in the lower court/s. this can get confusing. This can become of crucial importance when you try to reconcile apparently inconsistent cases. If you know only the title of the case. Tatum: Laird and associates were now the petitioners. Mirandalater became Miranda v. or “friend of the court. It will show the nature of the litigation. At this point the name of the case changed to Laird v. Analysis 1. WARNING! Judges are not above being selective about the facts they emphasize. Title and Citation 2.the Supreme Court directing the Court of Appeals to send up the record of the case (trial court transcript. the citation to it can be found using the case digest covering that court. Each of these groups was termed an amicus curiae. Since the losers often appeal to a higher court. The first section of this guide shows you how to identify the players without a scorecard. Facts of the Case 3. who sued whom. Thus. the best statement of the facts will be found in a dissenting or concurring opinion. and assorted legal documents) to the Supreme Court. A comprehensive brief includes the following elements: 1. Several church groups and a group of former intelligence agents obtained permission to file briefs (written arguments) on behalf of the respondents to help persuade the Court to arrive at a decision favorable to them. motion papers. The name of the person who initiated legal action in that particular court will always appear first. Arizona. Reasoning (Rationale) 6. Title and Citation The title of the case shows who is opposing whom. because most reach the appellate courts as a result of an appeal by a convicted defendant. the case of Arizona v.
Constitution to a school board‟s practice of excludi ng black pupils from certain public schools solely due to their race.” The careful student would begin by identifying the key phrases from this amendment and deciding which of them were really at issue in this case. for exa mple. for example: defendant convicted. “procedural issues.” “legal issue. Remember too. A summary of actions taken by the lower courts. The precise wording of the Amendment is “no state shall. so part of the challenge of briefing is to identify those issues in the case which are of central importance to the topic under discussion in class. or by the nature of the case. Assuming that there was no doubt that the school board was acting as the State. or a judicial doctrine. the outcome of an appellate case will turn on the meaning of a provision of the Constitution. to serve as an introduction. Again. and that Miss Brown was a “person within its jurisdiction.” “substantive issues. Set it off with quotation marks or underline it. There is no substitute for taking the time to frame carefully the questions. Be sure you have included both. conviction upheld by appellate court. A summary of the complaint (in a civil case) or the indictment (in a criminal case) plus relevant evidence and arguments presented in court to explain who did what to whom and why the case was thought to involve illegal conduct. A statement of the relevant law. it may help to phrase them in terms of questions that can be answered with a precise “yes” or “no. It may also help to label the issues..” For example.. that the same case may be used by instructors for different purposes. This will help you later when you try to reconcile conflicting cases. With rare exceptions. in which you set out your observations and comments. .” then the key issue would be “Does the exclusion of students from a public school solely on the basis of race amount to a denial of „equal protection of the laws‟?” Of course the implications of this case went far beyond the situation of Miss Brown. so that they actually incorporate the key provisions of the law in terms capable of being given precise answers. deny to any person within its jurisdiction the equal protection of the laws. When noting issues. Board of Education involved the applicability of a provision of the 14th Amendment to the U. They cast doubt on the continuing validity of prior decisions in which the Supreme Court had held that restriction of Black Americans to “separate but equal” facilities did not deny them “equal protection of the laws. the Topeka School Board. or even public education.” and so on. Capture that provision or debated point in your restatement of the issue. Issues The issues or questions of law raised by the facts peculiar to the case are often stated explicitly by the court.S. watch out for the occasional judge who misstates the questions raised by the lower court‟s opinion. the famous case of Brown v.” Make note of any such implications in your statement of issues at the end of the brief. Constitutional cases frequently involve multiple issues. some of interest only to litigants and lawyers. with quotation marks or underlining to draw attention to the key words or phrases that are in dispute. by the parties on appeal. others of broader and enduring significant to citizens and officials alike. a law. NOTE: More students misread cases because they fail to see the issues in terms of the applicable law or judicial doctrine than for any other reason. Supreme Court granted certiorari. 3.The fact section of a good student brief will include the following elements: A one-sentence description of the nature of the case.
and the logic of the reasoning considered. “case reversed and remanded. Separate Opinions Both concurring and dissenting opinions should be subjected to the same depth of analysis to bring out the major points of agreement or disagreement with the majority opinion. statutes. If the issues have been drawn precisely. Basic Legal Citation Erectors v NLRC 158 SCRA 421 fe8 29 1988 This case should not have reached this Tribunal. manipulation of the factual record. A CAUTIONARY NOTE Don‟t brief the case until you have read it through at least once. Then ask. its relationship to other cases. is flagrant dishonesty. its place in history. and what is shows about the Court. in fact. for example. the holdings can be stated in simple “yes” or “no” answers or in short statements taken from the language used by the court. This actuation. How does this case relate to other cases in the same general area of law? What does it show about judicial policymaking? Does the result violate your sense of justice or fairness? How might it have been better decided? VI. or judicial doctrines. This should be outlined point by point in numbered sentences or paragraphs. is the chain of argument which led the judges in either a majority or a dissenting opinion to rule as they did. or society. Decisions The decision. Analysis Here the student should evaluate the significance of the case. or distortions of precedent. or the impact it has on litigants.4. the “rightness” of the decision debated. or rationale. logical fallacies. government.” broader substantive holdings which deal with the interpretation of the Constitution. There are narrow procedural holdings. its members. Don‟t think that because you have found the judge‟s best purple prose you have necessarily extracted the essence of the decision. its decision-making processes. 7. been terminated three years ago but for the petitioner's counsels who had the temerity to cite a non-existent law with the obvious intention of delaying the proceedings if not outrightly evading financial responsibility under the law. 5. We cannot let it pass. Make a note of how each justice voted and how they lined up. is the court‟s answer to a question presented to it for answer by the parties involved or raised by the court itself in its own reading of the case. Reasoning The reasoning. It should have. 6. Look for unarticulated premises. Knowledge of how judges of a particular court normally line up on particular issues is esssential to anticipating how they will vote in future cases involving similar issues. It is here that the implicit assumptions and values of the Justices should be probed. or holding. indeed. .
Finality of Decision. amended the ten (10) working days appeal period to ten (10) calendar days. For a lawyer's duty to his client does not mean freedom to set up false or fraudulent claims especially with respect to provisions of law or administrative rules and that while lawyers are bound to exert utmost legal skill in prosecuting their client's cause or defending it.Danilo Cris. 1987 requiring them to furnish the Court with a copy of such rules. 1984. fraud or machinery. they prayed that we take "judicial notice" of the alleged fact that "it was only sometime in 1985 or specifically on the 21 st day of May 1985 when the POEA adopted the present Philippine Overseas Employment Administrative Rules and Regulations which. In their "Compliance/Manifestation dated October 26. 1. 1985. The petitioner. instead." knowing fully well that such a rule does not in fact exist or was never promulgated. 1984 for the illegal termination of his contract of employment with the petitioner herein. A lawyer must obey his own conscience and not that of his client. 1985 by the POEA Rules & Regulations. Kingdom of Saudi Arabia. 1 987. specifying Rule XXIV. Ople promulgated on September 5. among others. as well as a serious violation of the attorney's solemn oath to do no 12 falsehood. their duty. Erectors. filed the case with the Philippine Overseas Employment Administration (POEA) on February 27. which purportedly provide: Rule XXV xxx xxx xxx Section 2. The office of attorney does not permit. in which they would allege that their insistence was an effort to promote their client's cause. order or resolution of the Administration. may file for a motion for reconsideration. orders or award shall become final after the lapse of ten (10) working days from receipt of a copy thereof by the parties and no appeal has been perfected within same period. These 1984 Rules were superseded on May 21. 1983 the POEA Rules and Regulations on Overseas Employment which took effect on January 1. 166 SCRA 728. In support of its contention. Blas F. Motion for Reconsideration. much less demand. first and foremost. oct 28. as a defense. RULE XXIV Section 1. violation of law or otherwise. contended that the private respondent was estopped from questioning the legality of his termination as he already voluntarily and freely received his termination pay. — The aggrieved party may within ten (10) working days from receipt of the decision. This deception is a clear misconduct. sec. sec. the then Minister of Labor. 1982 by virtue of Executive Order No. is to the administration 13 of justice. 2. 1988 We note an utter lack of repentance or semblance thereof in the counsels' repeated insistence despite the 10 11 undeniable fact that the purported POEA rules do not exist. and Rule XXV. . as they would impliedly admit in their subsequent "Compliance" dated May 30. 797. filed in compliance with our Resolution dated October 5. Order or Award — all decisions. to support a client's case. What we find. otherwise. Nowhere in any law or rules relative to the POEA may the above provisions be found. Pursuant to the said Executive Order. thereof. the decision shall be final and executory 4 (Emphasis supplied) These cited rules do not exist. a contract worker as Earthworks Engineer in Taif. the petitioner cited two provisions allegedly of the 1984 POEA rules and procedures. is a deliberate effort to mislead this Court. Inc. The POEA was created only on May 1.
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