Theory of Law and Legal Theories

Theory of Law

As a component of Philosophy of Law, theory of law attempts to answer the following questions:

What is Law?
What is the nature of law?
What justifies law?

Legal theory
 within the domain of law and jurisprudence;
 more on “legal or judicial reasoning” or “legal thinking and justification”;
 may also be called “applied philosophy of law”;
 others refer to this as properly called “jurisprudence” (as distinguished from “case law”)
 in most cases, the study of “theory of law” and “legal theories” in interrelated.
 “Ours is a government of LAWS and not of men”
 Preamble: “…. And to secure to ourselves the blessings of democracy under the rule of LAW and a
regime of truth, justice, freedom…”
 “Common LAW” vs. “Civil LAW”
 “International LAW as part of the LAW of the land”
 “Family LAW, Criminal LAW, Commercial LAW”
 “Foreign LAW vs. Domestic LAW”
 “LAW of the case”
 …. “unless otherwise provided for by LAW”
 “Ignorance of the LAW excuses no one from compliance therewith”

o Felipe Sancez Roman (1850-1916):

 Law in “general sense”: “the science of moral rules, founded on the rational nature
of man, which govern his free activity, for the realization of the individual and social
ends, of a nature both demandable and reciprocal.”
 Law in its “specific sense”: “a rule of conduct, just, obligatory, promulgated by the
competent authority for the common good of a people or nation, which constitutes
an obligatory rule of conduct for all its members.”
o St. Thomas Aquinas (1225-1274): (Summa Theologica)
 “Law is an ordinance of reason ordered towards the common good, promulgated by
him who has charge of the community”
 law is a “rational standard for conduct”
o Hans Kelsen (Pure Theory of Law, 1934; General Theory of Law and State, 1945):
 ‘Law is an order of human behavior.
 An “order” is a system of rules. Law is not, as it is sometimes said, a rule. It is a set
of rules having the kind of unity we understand by a system.’
 Law, along with morals and religion, is a “social phenomenon” that has its own
criteria
o Oliver Wendell Holmes, Jr. (“The Path of the Law”, 10 Harvard Law Review 457, 1897):
 Law is “a body of dogma or systemized prediction”
 “The prophecies of what the courts will do in fact, and nothing more pretentious,
are what I mean by the law”
 On “law and “morality”:
o The Bad Man Theory (The law is what the bad man thinks it is)
o Oliver Wendell Holmes, Jr.’s “The Bad Man Theory” (also known as
“Prediction Theory”):
 If you want to know the law and nothing else, you must look
at it as a bad man, who cares only for the material
consequences which such knowledge enables him to predict,
not as a good one, who finds his reasons for conduct,
whether inside the law or outside of it, in the vaguer concept
of conscience.”

General Classifications of Law

 JURAL LAW
1. PARTICULAR SENSE (specific rule of a statute or court opinion)
2. COLLECTIVE SENSE (branch of law or system)
3. ABSTRACT SENSE (precepts and ideals)
 NON-JURAL LAW
 1. Divine Law
2. Natural Law
3. Moral Law
4. Physical Law

Major Legal Theories:

 Natural Law Theory
 Legal Positivism
 Legal Realism
 Legal Formalism
 Constructivism
 Critical Legal Studies (CLS)

Natural Law Theory

 Traditional Natural Law Theory – suggests that the validity of laws (that are man-made) is tested on
the basis of some “higher law”, such as reason, morality, or divine law. (Cicero, Plato, Aquinas, etc.)
 Modern Natural Law Theory – assails the validity of legal positivists propositions. Because this
theory is more refutations to legal positivists, rather than its relation to the thinking of Aquinas, etc.,
this is sometimes called modern natural law theory.
Traditional Natural Theory
 Cicero (106 BC-43 BC) (Republic):
o “TRUE LAW IS RIGHT REASON IN AGREEMENT WITH NATURE; IT IS OF UNIVERSAL
APPLICATION, UNCHANGING AND EVERLASTING; … … … IT IS A SIN TO TRY TO ALTER THIS
LAW NOR IS IT ALLOWABLE TO ATTEMPT TO REPEAL ANY PART OF IT, AND IT IS
IMPOSSIBLE TO ABOLISH IT ENTIRELY”
o Cicero, therefore, believes that some norms are INHERENT and UNIVERSAL
 St. Thomas Aquinas (1225-1274):
o Positive laws that are just “HAVE THE POWER OF BINDING IN CONSCIENCE”
o A “just law” is one that is consistent with natural law, that is, it is “ORDERED TO THE
COMMON GOOD”.
o “EVERY HUMAN LAW HAS JUST SO MUCH OF THE NATURE OF LAW, AS IT IS DERIVED
FROM THE NATURE OF LAW. BUT IF IN ANY POINT IT DEFLECTS FROM THE LAW OF
NATURE, IT IS NO LONGER A LAW BUT A PERVERSION OF LAW”
Modern Natural Law Theory
 Lon Fuller (The Morality of Law, 1964):
o Law is “THE ENTERPRISE OF SUBJECTING HUMAN CONDUCT TO THE GOVERNANCE OF
RULES”.
o Law is seen as “guiding principle”, a tool, a means to an end
o To be called “law”, it must comply with certain criteria (“INTERNAL MORALITY”): laws
must be general, promulgated (announced), should not be retroactive, understandable,
not contradictory, should require reasonable conduct, constant through time,
administered as announced.
 Ronald Dworkin: (Law’s Empire (1986); Taking Rights Seriously (1978) (“Political and Moral Right
Theory”)
o Laws include not just the norms found in treaties, customs, constitution, statutes, and
cases, but also moral principles that provide the best justification for the norms found
there
o He observes that the things justified by moral principles are socially constructed but the
justifications (arguments) themselves are not
o He offers “interpretative approach” to law such that for him “legal claims are
interpretative judgments and therefore combine backward-and-forward-looking
elements.”

Legal Positivism
 Presupposes two principles:
1. Law is a “social fact or convention”;
2. There is no necessary connection between law and morality (separation of law and
morality (Separability Thesis)).
 T. Hobbes, J. Bentham and J. Austin:
 Laws are constructed from commands, threats, and obedience
 Laws are handed down by a “sovereign” backed by threats of force
 The “sovereign” is a person or group who enjoys the habitual obedience of most others but
does not habitually obey anyone else (Leslie Green)
 John Austin (“Father of Legal Positivism”) (1790-1859):
  “The existence of law is one thing; its merit or demerit is another. Whether it be or not be is on
enquiry; whether it be or be not conformable to an assumed standard, is a different enquiry. A
law, which actually exists is a law, though we happen to dislike it, or though it vary from the
text, by which we regulate our approbation and disapprobation”
 H. L. A. Hart (The Concept of Law, 1961, 1994, 2012):
 Hart believes that anything in the law is there because some person or group put it there
intentionally or accidentally; it all has history and it can be changed; is either known or
knowable; some of our laws have good justifications and some do not, and justifications do not
anyway suffice to make law. To do that, we need human intervention: orders need to be given,
rules be applied, decisions to be taken, customs to emerge or justifications to be endorsed or
asserted. Laws, to Hart, are “posited” (fixed).
 Contrary to the view of Hobbes, Bentham and Austin, H.L.A. Hart speaks of laws as consisting
of rules, including practices and customs. He believes that there are laws that are not
coercively enforced (sanction-free laws).
 H.L.A. Hart believes that all legal systems have “Primary Rules” and “Secondary Rules”
 Hans Kelsen (Pure Theory of Law, 1967)
 Kelsen is a Positivist Theorist, but claims that while laws were “posited”, there were
“presuppositions” to laws that made them valid (by “validity”, Kelsen refers to acceptability” of
laws by the governed)
 Kelsen believes in the idea that there is a hierarchy of norms beginning from the “Basic Norm”
where all other norms are related to each other
Positivist:
Law and Morality are separate
H.L.A. Hart (The Concept of Law, 1961, 1994, 2012):
“There is no necessary connection between law and morals”
“It is in no sense a necessary truth that laws reproduce or satisfy certain demands of morality”

 Leslie Green on H.L.A. Hart’s The Concept of Law:

o “The fact that a policy would be just, wise, efficient, or prudent is never sufficient reason
for thinking that it is actually the law, and the fact that it is unjust, unwise, inefficient or
imprudent is never sufficient reason for doubting it. According to positivism, law is a
matter what has been posited (ordered, decided, practiced, tolerated, etc.).”
 Emmanuel Kant: (Metaphysical First Principles of the Doctrine of Right)
o “However well disposed and law abiding men might be… individual men, people and
states can never be secured against violence from one another, since each has its own
right to do what seems right and good to it, and not to be dependent upon another’s
opinion about this. So, unless it wants to renounce any concepts of Right, the first thing it
has to resolve upon is the principle that it must leave the state of nature, in which each
follows its own judgment, unite itself with all others (with which it cannot avoid
interacting), subject itself to a public lawful external coercion, and so enter into a
condition in which what is to be recognized as belonging to it is determined by law.”

Legal Realism (Skepticism)

 American Theory of Law (led by O.W. Holmes, Jr.)
 Legal Realists take a “realistic” look at how judges decided cases, at “what the courts … do in fact”
(O.W. Holmes, Jr.)
 Lawyers recognize that judges are influenced by more than legal rules; they decide cases according
to “how the facts of the cases strike them”; that judges openly consider the policy implications of
legal rules and decisions (Brian Leiter)
 Law and is in some point “rationally indeterminate”;
 Distinctly American: “The Constitution is what the Supreme Court says it is.” – President Eisenhower
 Legal Realists often criticize “Formalism” (of Christopher Langdell) in law.
 American Legal Realists argue that, unlike classical legal theorists, legal reasoning is not independent
from moral and political considerations.
 Holmes believes that lawyers and judges are not logicians and mathematicians. “The life of the law
has not been logic: it has been experience.” Necessities of the time, the prevalent moral and
political theories, intuitions of public policy, and even the prejudices which judges share with their
fellow-men, better determine the rules by which men should be governed
 Legal Realists are often criticized for favoring “Judicial Activism” (as opposed to “Judicial Restraint”),
where judges base their decisions on their personal and political considerations rather than the law
 Legal rules and reasons figure simply as post hoc rationalizations for decisions reached on the basis
of non-legal considerations. (Brian Leiter)

Legal Formalism
  A positivist theory of law, it focuses on the role of judges, that they must be constrained in
interpreting and applying the law. It is a theory of legal justification.
 For a formalist, a law is already the product of normative and policy consideration in the formation
of the law. Hence, a judge should not say what the law should be but should confine itself to what
the law is
 Justice Antonin Scalia (A Matter of Interpretation, 1997):
o “Of all the criticisms leveled against textualism, the most mindless is that it is formalist.
The answer to that is, of course it’s formalistic! The rule of law is about form … A
murderer has been caught with blood on his hands, bending over the body of his victim;
a neighbor with a video camera has filmed the crime and the murderer has confessed in
writing and on videotape. We nonetheless insist that before the state can punish this
miscreant, it must conduct a full-dress criminal trial that results in a verdict of guilty. Is
that not formalism? Long live formalism! It is what makes us a government of laws and
not of men.
Constructivism
 Advanced by Ronald Dworkin, this legal theory argues that judges decide, not because it is what the
law mandate, but because it is what is required by some standards of “morality” or “justice” that
made up or formed the norm or law, the same standards that provide for justification of the norm.
 See “Riggs vs. Palmer” (US CA Case 1889)
 Ronal Dworkin’s Theory is also called “Interpretivism”
Critical Legal Studies (CLS)
 CLS advocates believe in the “inadequacy of law” or “emptiness of the law”; that statutes and case
law cannot definitely determine the outcome of the case (“legal indeterminacy”;
 Seeing “rights” as correlative (every entitlement of right is limited by the competing rights of
others), CLS argued that the liberal ideals of freedom cannot actually be realized in a legal regime
and that the efforts to realize them will only result in doctrine that will remain debatable
 The grant of “property right” (in Instrumentalism), simply confers power over others = coercion of
consent
 CLS also believes that “law is politics” (Marxist Theory)

What justifies law?

Why obey the law?

 Is it because of the “content” of the command?
 Is it because of the nature of the “source” of the command?
 Is it because of the “process” of making or issuing the commands?

Why the theories on political authority?

 Because anarchists ask
 Anarchists believe that each person has a duty to act on the basis of his own moral assessment of
right and wrong and has the duty to reflect on what is right and wrong in each particular instance of
action. --- duty to act “autonomously” is incompatible with duty of obeying political authority.
(Wolff)
 Anarchists also believe that “each person has a right not to be bound by the state’s commands.
(Simmons; Green)
 The philosophical anarchist then argues that only if a person consents to being bound to the political
authority can the person actually be bound. And because it is impossible to obtain every consent, no
state is legitimate and perhaps no state can ever be legitimate. (does not have the right to rule)
 But, it does not suggest that one must never obey the state

The Consent Theory

 A political authority is legitimate only if it has the consent of those who are subject to its commands.
(Necessary condition to legitimacy but not necessarily the sufficient condition)
o “Social Contract Theorists”
 Hobbes --- absolute authority
 Locke --- limited authority
 Rousseau --- authority is the general will, popular sovereignty is inalienable,
cannot be transferred
o The problem in Consent Theory
 How to determine whether there is really consent (tacit vs. express) (is silence
consent>)
 When is consent given and how?
 How does the giving of consent “legitimize” political theory
 Locke said “consent” is given in the hypothetical state of nature
Instrumentalist Theory
  “authoritative directives should be based on reason which already independently apply to the
subjects of the directives and apply to the subjects of the directives and are relevant to their action
in the circumstances covered by the directive” (Raz, 1986.)
 According to Raz, what should guide government decisions about what commands to give subjects is
what the subjects already have reason to do
 A law that takes the place of reason becomes legitimate and binding.
Reasonable Consensus Theory
 The basic principles that regulate the coercive institutions should be ones that the reasonable
members can agree to (Rawls, 1996)
 The liberal state must commit itself to the “ideal of public reason”
 John Rawls argues that the liberal principle of political legitimacy requires that coercive institutions
be so structured that they accord with the reasonable views of the members of the society. As long
as they do so they have the right to impose duties on their members
 (See: Rawl’s “Political Liberalism”)
 Citizens do not have to agree on everything but only on those principles that apply to the basic
structure of society
Associative Obligations Theory
 A political society can have legitimate authority even if it is not a voluntary association and even if
there is disagreement on many political principles. (Dworkin)
 Models: family, friendship
 Dworkin argues that legitimate political authority arises as a consequence of the acquisition on the
part of members of a political society of obligations to obey the rules of a genuine associative
community
 Ronald Dworkin, in his Law’s Empire (1986), argued that the obligation to obey the law is an
“associative” obligation
 Associative obligations, for Dworkin, refer to “special responsibilities (that) social practice attaches
to membership in some biological or social group, like the responsibilities of family or friends or
neighbors.”
Democratic Theories
 When there are disagreements among persons about how to structure their shared world together
and it is important to structure that world together, the way to choose the shared aspects of society
is by means of a decision making process that is fair to the interests and opinions of each of the
members
 When an outcome is democratically chosen and some people disagree with the outcome, as some
inevitably will, they still have a duty to go along with the decision because otherwise they would be
treating the others unfairly
 “majority rules”
o HABERMAS’ THEORY
 THE ONLY LAW THAT COUNTS AS LEGITIMATE IS ONE THAT COULD BE
RATIONALLY ACCEPTED BY ALL CITIZENS IN A DISCURSIVE PROCESS OF
OPINION-AND WILL-FORMATION. (“procedural conditions for rational will-
formation”)
 In analyzing legitimacy of the law, Habermas first talked about a “system of
rights” that mediates two related tensions: between private and public
autonomy, and between basic rights and popular sovereignty. But these rights
must be justified and made legitimate through a “legislative procedure” that is
based on the “principle of popular sovereignty.”

Some Theories about legitimacy of political authority

 Consent theories
 Reasonable consensus theories
 Associative obligation theories
 Instrumentalist theories
 Divine Right of Kings theories
 Democratic theories

Classification of Law
I. NATURAL LAW
 This derives its forces and authority from God. It is superior to other laws. It is binding to the whole
world and in al countries
II. HUMAN POSITIVE LAW
 This law is promulgated expressly or indirectly by competent human authority for the common
good, and usually, but not necessarily, imposing sanction in case of disobedience

Kinds of Natural Law

  Physical Law – universal rule of action that governs the conduct and movement of things
which are non-free and material
 Moral Law – set of rules which establishes what is right and what is wrong as dictated by
the human conscience
 Divine Law –
a. Divine Positive Law, i.e. Ten Commandments
b. Divine Human Positive Law, i.e. Commandments of the Church

Kinds of Human Positive Law

 According to force and effect:
1. Mandatory and/or Prohibitory Laws – those which have to be compiled with, because
they are expressive of public policy: disobedience is punished either by direct penalties or
by considering an act or contract void
2. Permissive or suppletory Laws – those which may be deviated from, if the individual so
desires
 According to the scope or content of the law:
1. Public Law – that which governs the relations of the members of a community with one
another. (This includes Political Law, Criminal Law, Law on Taxation).
2. Private Law – that which regulates the relations of the members of a community with
one another. (This consists of Civil Law, Labor Law and Commercial Law)
 According to whether a right is given, or merely the procedure for enforcement is laid down:
1. Substantive Law – that which establishes rights and duties
2. Remedial that which prescribes the manner of enforcing legal rights and claims

POLITICAL LAW
 That branch of public law which deals with the organization and operations of the
governmental organs of the state and defines the relations of the states with the inhabitants
of the territory.

It consists, among others, of:

 Constitutional Laws I and II
 Administrative Law, Law on Public Officers & Elections Laws
 Public International Law

CRIMINAL LAW
 That branch of law which defines offenses and specify the corresponding penalties therefore.

It consists, among others of:

 Criminal Law I
 Criminal Law II

TAXATION
 That branch of law which deals with the imposition and collection of taxes

It consists, among others of:

 Taxation I
 Taxation II

CIVIL LAW
 That branch of law which every particular nation or state has established peculiarly for itself. This
law concerns with civil or private rights and remedies, as contracted to criminal law

It consists, among others of:

 Persons and Family Relations
 Property
 Obligations and Contracts
 Succession
 Sales
 Credit Transactions
 Agency, Trust and Partnership
 Torts and Damages
 Transportation Law

LABOR LAWS
 That branch of law which deals with the relationship between the employer and the employee, as
well as the working conditions, wages, fringe benefits, grievances and association of employees
 It consists, among others, of:
 Labor Law I
 Labor Law II

COMMERCIAL LAW
 Body of law that applies to the rights, relations and conduct or persons and businesses engaged in
commerce, merchandising and trade
It consists, among others, of:
 Corporation Law
 Negotiable Instruments Law

REMEDIAL LAW
 It refers to the means and methods of setting the courts in motion, making facts known to them and
effectuating their judgments

It consists, among others, of:

 Civil Procedure
 Criminal Procedure
 Evidence
 Special Proceedings

KINDS OF LAWS
CLASSIFICATION OF LAW
I. NATURAL LAW – This derives its forces and authority from God. It is superior to other laws. It is
binding upon the whole world and in all countries
II. HUMAN POSITIVE LAW – This law is promulgated expressly or indirectly by competent human
authority for the common good, and usually, but not necessarily, imposing sanctions in case of
disobedience

I. KINDS OF NATURAL LAW

 Physical Law – Universal rule of action that governs the conduct and movement of things
which are non-free and material
 Moral Law – Set of rules which establishes what is right and what is wrong as dictated by
the human conscience
 Divine Law
i. Divine Positive Law, i.e. Ten Commandments
ii. Divine Human Positive Law, i.e. Commandments of the Church
II. KINDS OF HUMAN POSITIVE LAW
 According to force and effect:
1. Mandatory and/or Prohibitory Laws – those which have to be complied
with, because they are expressive of public policy: disobedience is punished
either by direct penalties or by considering an act or contract void
2. Permissive or suppletory Laws – those which may be deviated from, if the
individual so desires
 According to the scope or content of the law:
1. Public Law – that which governs the relations of the individual with the
State or ruler or community as a whole. (This includes Political Law,
Criminal Law, and Law on Taxation)
2. Private Law – that which regulates the relations of the members of a
community with one another. (This consists of Civil Law, Labor Law, and
Commercial Law)
 According to whether a right is given, or merely the procedure for enforcement is laid
down:
1. Substantive Law – that which establishes rights and duties
2. Remedial (or procedural or adjective law) – that which prescribes the
manner of enforcing legal rights and claims

GOVERNMENT STRUCTURE
 Executive Branch – the President is vested with the executive power (Constitution, Art. VII, Sec. 1).
The other members of the Executive Branch are the Vice-President and the Heads of Executive
Departments or Cabinet members
 Legislative Department – Legislative power is vested in the Congress of the Philippines, consisting of
the Senate and the House of Representatives (Constitution, Art. VI, Sec. 1).
 Judicial power rests with the Supreme Court and lower courts as may be established by the law
  Under the constitution, the Supreme Court is composed of a Chief Justice and fourteen Associate
Justices who shall serve until the age of seventy (70).
 Judicial and Bar Council (Constitution, Art. VIII, Sec. 8)
 Philippine Judicial Academy (A.O. no. 35-96)

Courts of Appeals
 Established by C.A. No. 3 (Dec. 31, 1935)
 Composed of 11 justices with J. Pedro Concepcion as first PJ
 Increased to 15 in 1938 and 17 in 1942 (E.O. No. 4)
 CA was regionalized in 1944 when 5 District CA were organized for Northern, central and Southern
Luzon, for Manila, and for Visayas and Mindanao.
 This was abolished by President Osmena in 1945 due to prevailing abnormal conditions
 CA was re-established in 1946 (R.A. No. 52 with a PJ and 15 Assoc. Justices
 Composition increased by the following enactments: 18 (RA 1605); 24 (RA 5204); 50 (BP 129); 69 (RA
8246)
 Composition increased by the following enactments: 18 (RA 1605); 24 (RA 5204); 50 (BP 129); 69 (RA
8246)
 RA 8246 – CA was again regionalized with the establishment of CA in Cebu and CDO
 BP 129 changed the name of CA to IAC and EO 33 brought back its name to CA

Regional Trial Courts

 Divided into 13 Judicial Regions
 Some branches are designated by SC as special courts to handle agrarian cases and urban land
reform cases
 A.O. 104-96: courts were designated to handle criminal cases of kidnapping, robbery, carnapping, IP
violations and libel cases and special commercial courts
 RA 9165, some brances were designated as Drugs Court
 RA 8369, some branches were designated as family courts

Municipal Trial Courts

 Established in city and municipality A.M. No. 08-8-7-SC (Small Claims Cases)

Legal Glossary
Ab Initio – from the beginning
Acquit - to set free a person who has been charged with a crim
Act – an alternative name for statutory law
Ad Litem – while the action is pending
Adjudicate – to settle by law
Affidavit – a sworn or affirmed written statement or declaration
Aggrieved – injured
A.K.A. or a.k.a. – also known as
Alter Ego – another self
American Jurisprudence, 2d – the name for a major legal encyclopedia published by Lawyers’ Co-operative
Publishing Company
Amicus Curiae – friend of the court
Ancillary – subordinate or auxiliary
Annotated – explained or commented upon by use of remarks or notes
Annul – to make void
Ante Litem – before the suit
Appellant – a person who takes an appeal from one court to another
Blue Book – the popular name for A Uniform System of Citation which is distributed by the Harvard Law Review
Bona Fide – in good faith
Breach – to violate a law, right or duty
Brief – a written statement required by the Rules of Court
Case in Point – a judicial opinion that deals with a factual situation similar to the one being researched
Case Law – the law of reported appellate judicial opinions
Caveat – caution
Certiorari – a writ issued by a superior court to an inferior court (“to be informed of”)
Chattel – personal property
Citation – a reference to an authority
Citators – a set of books that provide subsequent judicial history and interpretation of reported decisions
Code – a compilation of statutes organized by topic
Concurring opinion – a separate opinion written by a justice who agree with the majority decision but disagree
with the reasons for arriving at a decision
Convey – to transfer
Corpus Juris Secundum – a name of a major encyclopedia published by West Publishing Company
Counterclaim – an opposing claim filed by the defendant against the plaintiff
Court Rules – procedural rules promulgated to govern both civil and criminal practice before the court
De Facto – in fact
De Jure – in law
De Novo – from the beginning
Decendent – one who has died
Dictum – judge’s opinion that is not addressed to the issue before the court
Duces Tecum – bring with you
Ergo – therefore
Et al. – and others
Ex officio – by virtue of official position
Ex parte – pertaining to only one side
Ex post facto – done after the fact
In pari causa – in a similar case
In pari delicto - equally at fault
In perpetuam – forever
In personam – against the person
In re – in regard to
In rem – against the thing
Inter alia – among other things
Inter vivos – between living persons
Interlocutory – provisional
Intestate – condition of having died without a will
Ipso facto – from the fact itself
Jurisprudence – philosophy of the law
Lien – right of a creditor against a specific property
Lis pendens notice of pendency of suit
Mandamus – we command; a command from a competent jurisdiction
Non Sequitur – it does not follow
Nunc pro Tunc – Now for then’ to take effect on a former date (i.e., order pro tunc is an order clarifying a
previous order on clerical matters)
Parol evidence – verbal evidence
Pendente lite – while litigation is pending
Per Curiam – an opinion by the entire court (“by the court”)
Per se – by itself
Prima facie – on the face of it; at first view
Pro rata – in proportion
Pro tanto – to that extent
Pro tempore – for the time being
Quash – annul
Quan pro Quo – mutual consideration
Quiet title – an action to bring a dispute to court and cause a party to establish his claim on land
Ratio decidendi – the basis for the decision of case
Re – in regard to
Replevin – a person action brought to recover possession of unlawfully taken goods
Res – subject matter of suit
Res gestae – matter incidental to main fact
Res ipa loquitur – think speaks for itself
Res judicata – once a matter is finally decided by court, it may not be re-litigated
Sans – without
Sic – in this manner
Sine die – without fixing a ay (indefinitely)
Situs – location or place (i.e., situs criminis – scene of crime)
Status quo – the existing state
Statute of limitations – statute setting time limit within which an action must be brought
Subpoena – a writ that compels a witness to appear and give testimony
Subpoena duces tecum – a write to produce certain papers
Sui generis – in its own class (i.e. disbarment proceedings are sui generis)
Testate – having left a wil
Tort – a legal wrong
To wit – namely
Venue – the place where a case is to be tried
Verbatim – word for word
Viva voce – by voice
Waive – to relinquish a right
Westlaw – computer-assisted legal research service developed by the West Publishing Company
SOURCES OF LAW
For students of law, the main task is to look for authority. How? Research
 As a legal researcher, you will be able to locate sources of law that can be incorporated into written
legal materials that may be submitted to the court, client or third party
 Research as means to:
a. Locate these sources
b. Read and understand them
c. Evaluate them so that you will be able to make the best selection possible from among them

WHERE-WHO-WHEN-WHAT approach
1. Where to go?
 Personal books, office/institutional library, government office involved
2. To whom one may turn to?
 Librarian, Colleague, Professor, Consultant, Lecturer, Superior, Assistant, Gov’t Employee
3. Information may come through participation in –
 Seminars, Symposia, Convocations, Conventions, Round Table Dialogues, Gov’t Employee
4. Information may be in any of the following types of legal materials:
 Textbooks, Digests, Journals, Dictionaries, Encyclopedias, Newspaper Digests, Legal Forms,
Citators, Law Reports, Audio/Video Cassette, Text of Law, Briefs and Memoranda

A. BY AUTHORITY
Books may be of primary authority or secondary authority depending on their content. The law itself
is the subject.
o Primary authority – is mandatory or imperative; primary authority is found in direct
legislation and judicial decisions
o Examples:
 Books of primary authority are official authentic repositories of
legislation and courts’ decisions
 Administrative rules and regulations adopted pursuant to law, have
the force and effect of law, and for hat reason, constitute authority
of a primary nature
o Effect? Binding upon courts
o Primary authority may be sub-divided:
 Mandatory primary authority – law created by the jurisdiction in
which the law operates
 Persuasive mandatory authority – law created by other
jurisdictions but which have persuasive value to our courts (esp.
when there are no Philippine authorities available)
o Secondary Authority – is at best, persuasive. Secondary authority is not really authority at
all
o Examples:
 Indexes to authority, like case digests and encyclopedias and the
means like citators, for appraising the value of authority
 Commentaries of legal experts and test and treatise writers
o The opinion of the Secretary of Justice, is secondary authority. It is generally
binding upon the executive department and is persuasive upon the courts
o Opinions of SEC, BSP are also secondary
o Books of secondary authority are those where the primary authority is
commented on, criticized, or explained. They include books of search, books
of index, textbooks, treatises and legal periodical articles
Where found?
 Secondary authority may be found in books, treatises, encyclopedias, dictionaries, and law
review articles. This list is not exhaustive. These publication are all written by individuals in
their private capacity
 With regards to commentaries or books, reputation or expertise of author is a consideration.
(CJ Ramon Aquino on RPC; Sen. Arturo Tolentino on Civil law; Fr. Joaquin Bernas on
Constitutional law; Prof. Perfecto Fernandez on Labor law; Vicente Francisco and CJ Manuel
Moran on Remedial law)
Effect and use?
 Secondary authority does not have to be followed. A court is free to accept or reject any
secondary authority.
 Secondary authority is often used to help a researcher gain access to primary authority, as the
secondary law frequently addresses issues that were raised by primary law and refers to and
cites this law. Secondary authority may also be accepted where is little primary law on the
subject
  Secondary sources can be invaluable aids to the researcher
 Secondary sources can provide a springboard for beginning a research project. At this stage
the researcher may consult secondary sources:
1. To obtain background information and an overview of an unfamiliar subject area;
2. To obtain citations to primary authorities to launch the research;
3. To suggest further issues or analytic approaches to the problem
B. BY SOURCE
Law books are now generally classified likewise into primary source materials and secondary source
materials
 Primary Source is the official publications of the government or any of its agencies
 Different from classification as to authority (content) as it deals here on “who” or “what” is the
source of the legal material, not content
 Examples are the Official Gazette, Philippine Reports, looseleaf copies of court’s decisions,
Journal of the Batasang Pambansa, Proceeding of the Constitutional Convention, as officially
printed
What makes a source primary?
Primary Source – official
 Those published by the issuing agency itself or official respository
 We have three main branches in our government: the executive, judicial, and legislative. All three
create law.
 The Executive Branch, in charge of administrative agencies, is responsible for rules and regulations
 The Legislative Branch of our government is concerned with creating new laws. Known variously as
statutes, acts, codes, ordinances, or simply, laws, these documents dictate how people must behave
in a variety of situations. We have statutes to tell us the penalties for criminal conduct and statutes
to tell us how to probate a will. RAs are in OG published by National Printing Office
 At the local level, city or town councils may enact charters or ordinances to govern their citizens
 Second Source is the unofficial publications of private publishers or institutions. They are not the
official sources of the law, nor are they authorized to be official publishers
 Generally referred as those commercially published or those not published by government agencies
or instrumentalities
 Are secondary sources essential? Yes, to speed up the process of locating, and enhancing the
understanding of, the primary source materials which are the objective of research effort
 The Judicial Branch creates case law precedent. These decisions resolve real disputes between
parties. The resolution is often written, and the written result then forms a new precedent that can
be used whenever a similar situation arises
 SC decisions are in Philippine Reports, Advance SC decisions and OG also (selective)
Secondary Source examples:
Case law: the Supreme Court Reports Annoted (Central Law Book Supply, publisher); Philippine Law
and Jurisprudence (Current Events Digest, Inc., publisher);
Statute: Philippine Annotated Laws (Lawyer’s Cooperative, publisher
 With advent of information technology, electronic or digitalized sources are popular sources
because:
1. Updated information is readily available
2. Search engines facilitate research;
3. No complete and update manually published search tools for statute and case law
 In case of conflict between the printed and electronic sources, the printed version coming from
issuing government agency prevails
Rules to apply?
 Locate mandatory primary authorities
 If nonexistent, alternative is find relevant persuasive mandatory authority
 In the absence of primary authorities, secondary source may be cited. So SCRA is popular because
there is no updated primary source. Publication of Phil Reports ceased in 1960s and was only
revived in 1982. (See SC Admin. Circular 14-99)
How to classify sources published in newspapers?
 Newspaper publication of laws is primary
o Reason: EO 200, s. 1987 – “laws shall take effect after fifteen days following the
completion of their publication either in the Official Gazette or in a newspaper of general
circulation in the Philippines, unless it is otherwise provided.” In case of conflict, OG
prevails
o Repealed Art 2 of the Civil Code
 Arroyo v. DOJ, G.R. No 199082, Sept. 8 2012
 Honasan II v. The Panel of Investigating Prosecutors of the Department of Justice, G.R. No. 159747,
April 13, 2004, 427 SCRA 46:
o SC held that OMB-DOJ Joint Circular No. 95-001 is only an internal arrangement between
the DOJ and the Office of Ombudsman outlining the authority and responsibilities among
prosecutors of both offices in the conduct of preliminary investigation
OFFICIAL GAZETTE online
 Should the 15-day period be counted from the time the laws or issuances are posted online?
 Garcillano v. House of Representatives, G.R. No. 170338, December 23, 2008 could preclude such a
claim. In Garcillano, the Court debunked the claim that the publication in its website by the Senate
of its rules of procedure for inquiries in aid of legislation satisfied the requirement under Section 21,
Article VI of the Constitution that it conduct such inquiries “in accordance with its duly published
rules of procedure”. The Court then even refuted the argument that the E-Commerce Act of 2000
validated such online publication
 The invocation by the respondents of the provisions of R.A. No. 8792, otherwise known as the
Electronic Commerce Act of 2000, to support their claim of valid publication through the internet is
all the more incorrect. R.A. 8792 considers an electronic data message or an electronic document
only for evidentiary purposes. In other words, the law merely recognizes the admissibility in
evidence (for their being the original) of electric data messages and/or electronic documents. It does
not make the internet a medium for publishing laws, rules, and regulations
 Garcillano was decided on 8-6 vote, will this doctrine be reversed?
 www.gov.ph:
o “Please note hat the posting of laws and issuances in this website is for information
dissemination. The effectivity of laws, regulations, and issuances state 15 days, unless
otherwise provided in the document, after their publication in the Official Gazette print
version or in two newspapers of general circulation as mandated by the Administrative
Code of 1987 and Executive Order No. 200, s. 1987”
o “Should there be discrepancies between a text entry and the corresponding scanned
copy of laws, departmental and executive issuances, treaties, and executive agreements
uploaded on this website, please note that the controlling version is attached scanned
copy found below the entry.”
 What about newspaper reports on events, happenings or occurrences? Are they primary sources?
o Reports (not primary as they are hearsay, Revised Rules on Evidence require personal
knowledge)
o Publications in compliance with law or rules (primary): Examples (publication of
Compliant; publication of notice of settlement of estate) (see samples of publication)
C. BY CHARACTER
Classification of law books may be: (1) statute books; (2) case books or law reports, such as court reports and
decisions; or (3) search books or law finders or finding tools, which include encyclopedias, digests, citators,
legal forms and books of index
 Examples: Moreno’s Philippine Law Dictionary; Sibal’s Philippine Legal Thesaurus; Foreign law
dictionaries like Black’s Law Dictionary, Words and Phrases; online virtual libraries: E-Library, Chan
Robles)
On law finder/finding tools:
o In the Phil., no up-to-date law finders
o Finding tools do not persuade;
o Finding tools are not primary or persuasive authorities;
o Finding tools are only means for locating sources
o Examples: (1) SCRA Quick Index-Digest
(2) PHILJURIS
(3) LEX LIBRIS
Citator – a citation index of legal resources. Given a reference of a legal decision, a citatory allows the
researcher to find newer documents which cite the original document and thus to reconstruct the judicial
history of cases and statutes
o Examples: (1) Dizon’s Philippine Citations (1937)
(2) Paras, Philippine Citations,
(3) Shepard’s Citations to various US federal and state reports
Why use a citator?
o To find a parallel citation
o To find direct history (such as subsequent reversal on appeal)
 Cases include prior and subsequent history
 Statutes include reversal, amendment, or pending legislation
o To find primary and secondary sources on a particular narrow topic
 To find negative treatment (such as your case has been overruled or statute having been
amended)
 To find positive treatment (such as another case agreeing with the analysis in yours)

Introduction
 Because of civil law orientation, most important source of Philippine law is statutory law
 Statutory law is positive law, express, written and promulgated by the legislative body
 It embraces PDs (Marcos) and Eos (Cory) as they possessed legislative power
  Common law v. statutory law
 If statutory law is clear, common law may not apply
 If statutory law is unclear, common law may apply
Points to consider
o Statute sections are rarely meant to be understood in isolation from one another. Major
pieces of legislation are often divided into sections when they are drafted, passed, and
integrated into a statutory code. Thus, in order to fully understand a statute section’s
application, it must be read in conjunction with the rest of the statute as passed
o Code terms often carry meanings that are specific to the piece of legislation. Never
assume that a term used in a statute section has its obvious or colloquial meaning. The
term may be defined within the section in which it appears, or in a separate “definitions”
section enacted along with it. Always read through the entire section, and examine the
chapter or part of the code in which it appears, in order to determine whether a term has
a special meaning for the purpose of statute
 Enactment
o Bicameral body: Senate and House of Representatives
o Any member can introduce a bill (to undergo 3 readings)
 Termination
o Laws are repealed expressly or impliedly by another statute. Implied repeals however are
not favored
o Laws may also collapse into insignificance if they are temporary acts or the subject
matter has become obsolete or reason for legislation ceases to exist
READ COMMENDADORY, ET. AL. V. DE VILLA, ET AL. G.R. NO. 93177, AUGUST 2, 1991

 Termination
o Laws may be declared unconstitutional by courts. In SC, majority vote will suffice but the
Court has to sit en banc. Vote has to be concurrence of majority of justices who actually
took part in deliberations on issues and voted thereon
o Laws are presumed valid and constitutional until they are expressly nullified
 Effectivity
o NCC, Art 2: laws take effect within 15 days from their date of publication in the Official
Gazette unless the laws themselves provide otherwise
o EO 200, amending Art. 2 – allowed publication in a newspaper of general circulation

READ TANADA V. TUVERA, 230 PHIL. 528 (1986)

o Filing with the office of the National Administrative Register of the University of the
Philippines Law Center is required in Administrative Code of 1987

Executive Order No. 292, Book VII, Chapter 2, Sec. 3

Sec. 3. Filing. – (1) Every agency shall file with the University of the Philippines Law Center three (3)
certified copies of every rule adopted by it. Rules in force on the date of effectively of this Code which are not
filed within three (3) months from that date shall not thereafter be the basis of any sanction against any party
or persons
Sec. 4. Effectivity. – In addition to other rule-making requirements provided by law not inconsistent with this
book, each rule shall become effective fifteen (15) days from the date of filing as about provided unless a
different date is fixed by law, or specified in the rule in cases of imminent danger to public health, safety and
welfare, the existence of which must be expressed in a statement accompanying the rule. The agency shall take
appropriate measures to make emergency rules known to persons who may be affected by them.

Effect of non-filing?
Araos, et al. v. Hon. Regala, et. Al., G.R. No. 174237, February 18, 2012
 Circular No. 12 lays down guidelines on the grant of a one-step adjustment in the salary of CESOs
 Besides, as the SSS points out, CESB Circular No. 12 is unenforceable. Per the certification issued by
the Office of the National Register (ONAR) of the University of the Philippines Law Center dated
March 30, 2004, the CESB failed to file three copies of CESB Circular No. 12 with the ONAR. Sections
3 and 4 of Chapter 2, Book VII of Executive Order No. 292, otherwise known as the Administrative
Code of 1987
 As CESB Circular No. 12 has not been filed with the ONAR, it has yet to take effect. It is, therefore,
unenforceable

Retroactivity
 Law are not generally retroactive unless the laws themselves provide for their retroactivity except
those which will violate the following: (a) impairment of contracts; (b) ex post facto laws; (c)
implementation may be arbitrary or harsh
 READ DE LLANA V. ALBA, G.R. NO. 57883, MARCH 12, 1982
Classification
 Constitution
 Treaties
 Statutes proper
 Municipal legislation
 Subordinate legislation
 Legislative Rules
 Court Rules

Classification of case law

Case law proper
 Decisions of SC
 Decisions of CA, Sandiganbayan, RTC, MTCCs
Subordinate case law
 Decisions of Commission and Boards
 Rulings of Admin Officers
 Opinions of Office of President
 Opinions of Secretary Justice
 Opinions of Sol. Gen
 Opinions of Legal Officers of Gov’t Agencies

Parts of the Case

Title
Ex. Smith v. Smith
 First word is the last name of plaintiff, or the person who brought the lawsuit
 Second word is the last name of defendant, or the person against whom the
lawsuit has been brought
 There will often be cases with multiple plaintiffs or defendants, only one
name will be used in the official title of the case
If there are multiple plaintiffs or defendents, who selects the names in the title?
First name of the parties is written.
Et al – deprivation of “et alia”, meaning “and others”

Citation
Ex. 1 Phil. 1
1 – volume number
Phil. – name of the book
1 – page number
or docket number and date of promulgation

Synopsis (Synopses)
 Means the summary
 Useful in research, you can usually tell after reading only that paragraph
whether you are interested in that case or not, however, it should not be cited
Who writes? Not the ponente but editors like court reporters
READ EX. SYNOPSIS
EX, PEOPLE V. MENDOZA, G.R. NOS. 152589 & 152758, JANUARY 31, 2005

Headnote/Syllabus (Headnotes/Syllabi)
They are bullet points of each point of law that is found in the case. They are very useful
for researching, but again, they should not be used as precedent.
Who writes? Editors like court reporters
EX. SYLLABI
READ FRENCH OIL MILL MACHINERY CO., INC. V. REGIONAL TRIAL COURT (RTC), CEBU CITY, BR. 11,
ET AL, G.R. NO. 126477, SEPTEMBER 11, 1998

READ ALLIED BANKING CORP V. CA, ET AL.

Case History, etc.

Following the headnotes may be case history, then comes the names of all the attorneys
and whom they are appearing for, and finally the name of the justice who is actually
writing the opinion

Opinion/Decision
 Then the opinion itself, and this is organized in different ways depending on the author.
Often the facts of the case come first, followed by a discussion of the law, application of
the facts to the law, and the holding.
Every justice or judge writes differently, though, so there is no guarantee of what the
body of the case will look like

Holding/Ruling
Following the body will be the holding again, ‘affirmed’ or ‘reversed,’ or something
similar

Concurring Opinion/Dissenting Opinion

The actions of other justices, if they agreed wholeheartedly with the decision they will
simply join the writer in the opinion. If they concur or dissent, their opinion will follow,
though it is not binding as the majority opinion is
 Concurring opinion – written by a justice who agrees with the outcome but
with a different reasoning
 Dissenting opinion – written by a justice who disagree with the majority as to
the outcome
The latter two are citable for their ideas, but are not binding precedent

Parts of the Case

 Title
 Citation
 Synopses
 Headnotes/Syllabi
 Case History
 Opinion
 Holding/Ruling
 Concurring Opinion/Dissenting Opinion

o The official repositories of SC decisions are the Official Gazette and the Philippine
Reports as prepared by the Office of the Reporter and printed by the Government
Printing Office (now National Printing Office)
Principles
Stare Decisis
To adhere to what is decided and not unsettle those which are already established.

Purpose: uniformity, continuity and stability in the law. Only SC establish jurisprudence
or doctrines which lower courts are duty bound to follow. Lower courts (including CA)
cannot lay down doctrines
READ EX. STARE DECISIS

Opinion/Ration Decidendi – very ruling of the court; reasons or conclusions of the court. The
reasoning of the court to arrive at a disposition of the case. This constitutes judicial precedent

Deciision/Fallo – is the very disposition of the case placed usually at the very end of the decision,
otherwise called the dispositive portion of the judgment. Also called judgment

Obiter Dictum – an incidental statement not necessary to the resolution of the controversy before
the court
READ EX. OPINION
READ EX. DECISION
READ FALLO V. RATIO DECIDENDI
READ EX. OBITER DICTUM

Decisions – per curiam or through ponente

 Per Curiam – rendered by a court as a whole (i.e., decisions that mete out death penalty)
 Through Ponente – decision written by a writer (ponente), member of the court chosen
to write the decision (ponencia)
READ EX PERCURIAM
 Decisions shall be rendered per curiam when:
a) Where the penalty imposed is dismissal from service, disbarment, or
indefinite suspension in administrative cases; or
b) In any other case by agreement of the majority of the Members or
upon request of a member
 READ EX THROUGH PONENTE

Decision v. Resolution
Decisions
May be opted because of the jurisprudential importance of the case or perhaps, while the judgment
sought to be reviewed may be substantially correct, the facts and the law involved in the case call
for further discussion, elaboration or emphasis for guidance of the bench and bar

How to cite a source?

Primary Sources
A. Statutory Materials
1. Constitution
 CONST. (1935), art. III, sec. I, par. (3)
 CONST., art. VII
2. Laws
2.1 Public Laws (1900-2934)
Art. No. 1160 (1904), art. 3
2.2 Commonwealth Acts (1935-1945)
Com. Act No. 52 (1936), sec. 2 (b)
2.3 Presidential Decrees (1972-1986)
Pres. Decree No. 603 (1975)
2.4 Batas Pambansa (1984-2986)
Batas Blg. 80 (1981)
2.5 Executive Orders (1986-1987)
Exec. Order No. 329 (1950), 46 O.G. 2035 (July, 1950)
2.6 Republic Acts (1946-1972; 1987 to date)
Rep. Act No. 88 (1946)
3. Codes
CIVIL CODE, art. 297
CIVIL CODE (1889), art. 67
Cite as
Civil Code CIVIL CODE
Corporation Code CORP. CODE
Family Code FAMILY CODE
Insurance Code INS. CODE
Labor Code LABOR CODE
Local Government Code LOCAL GOV’T CODE
Omnibus Election Code ELEC. CODE
Revised Administrative Code REV. ADM. CODE
Revised Penal Code REV. PEN. CODE
4. Proclamations
Proc. No. 784 (1961), 57 O.G. 7122 (September, 1961)
5. Letters of Instructions
L.O.I. No. 230 (1972)
6. Opinions of the Secretary of Justice
Sec. of Justice Op. No. 271, s. 1982.
7. Administrative Orders
Adm. Order No. 21 (1966), 62 O.G. 7194 (October, 1966)
8. Administrative Rules and Regulations
DOLE Rules and Reg. No. _____ (_____)
9. Ordinances
Manila Ordinance 6120, Jan. 26, 1967
10. Court Rules
RULES OF COURT, Rule 130, sec. 2, par. (a)
RULES OF COURT (1940), Rule 19, sec. 7, par. (b)
B. Court Decisions
1. General Rule
1.1 SC
Ariaga v. Javellana, 92 Phil. 330 (1952)
Espiritu v. Rivera, G.R. No. 17092, September 30, 2963, 62 O.G. 7226 (Oct., 1966)
1.2 CA
Chunaco v. Singh, 8 C.A. Rep 488 (1947)
1.3 Sandiganbayan
People v. Sabarre, Sandiganbayan Crim. Case No. 001, December 12, 1979, 1
Sandiganbayan Rep. 305 (1979)
1.4 CTA
 Abad v. Commissioner of Interval Revenue, CTA Case No. 717, June 4, 1963
1.5 RTC
People v. Johnson, RTC (San Jose, Occidental Mindoro, Br. 45) Crim. Case No. R-1681,
August 6, 1984)
1.6 MeTC
Shell Distribution Co., Inc. v. Balmaceda, MeTC (Manila, Branch X) Civil Case No. 59563,
July 20, 1982
1.7 MTCC/MCTC
People v. Soliven, MCTC (Paoay-Currimao, Illocos Norte) Crim. Case No. 992-C, November
11, 1983
1.8 Shari’a Courts
Al-Awadhi v. Rulona, Shari’a Dist. Ct. (Marawi City) Special Proceeding No. 011-87,
September 15, 1988
1.9 Administrative Decisions
In re Colocado, CSC Adm. Case No. R-27182, September 29, 1964
2. Exceptions
2.1 Cite Islamic and Chinese names in full
Lim Sian Tek v. Ladislao not Lim v. Ladislao
2.2 Cite compound names in full
People v. De la Cruz not People v. Cruz De la
Abad Santos v. Auditor General not Santos v. Auditor General
2.3 Always cite names of corporations, etc in full
Mata v. Rita Legarda, Inc.
Allied Workers Ass’n of the Phil. V. Republic Trading Corp
2.4 Cite cases involving the Government of the Philippines or government unit and
criminal cases as follows:
Government v. Abadinas
Republic v. Carpin
People v. Santos
City of Cebu v. Ledesma
2.5 Cite names beginning with procedural terms as they appear in decisions
Ex parte Milligan
In re Garcia

Secondary Sources
1. Books and pamphlets
IM. Moran, COMMENTS ON THE RULES OF COURT 195 (6th ed., 1963)
46 S.C.R.A. 160 (1972)
2. Essays or articles
J. Ponce Enrile, The Tax Treatment of Real Estate Transactions, in 1964 ASPECTS OF
PHILIPPINES TAXT LAW 81
3.
4.
5. Annotations
Annot., 19 SCRA 280 (1967)
6. Letters and speeches
Letter of Apolinario Mabini to Emilio Jacinto, December 17, 1898 in LETTERS OF
APOLINARIO MABINI 81 (1965)
Address by Justice Cesar Benzon, 7th Anniversary Celebration of the Bulacan Bar
Association, Manila, November 8, 1952, 2 ATENEO L.J. 307-314 (1953)
7. Encyclopedia
81 AM. JUR. 2d Wills 7 (1976)

Internet Sourses
1. Cases published in electronic form