LIST OF ACRONYMS ARP — Armed Forces of the Philippines ‘BP Baten Parsbanes {CA Cur of Appeals or Commonwealth Act (CA Rep Court of Appeal Report COA "Commission on Audit COMELEC ~ Commision on Elections {C8C ~ Civil Service Commission ‘CET ~ Court of First Instance (ow Regional Trial Court) ‘CHED - Commision on Higher Education CTA Coure of Tax Apple HOR House of Representative DBP — Development Bonk ofthe Philippines DILG - Deparment of Interior and Lacel Government [DND Department of Netonal Delense OH Department of Health DOS Depertment of Justice B.0, Brecutive Order TAC Intermediate Appellate Court (now Court of Appeals) ‘JBC dail and Bar Council, ‘MD_ Medical Doctor ‘MCTC~ Manicipal Circuit Til Court (MeTC — Metropolitan Teal Court, ‘MITC - Municipal Trial Coure MTCC - Municipal Trial Cour in itios NLRC Nationa! Labor Relations Commision (OP Office ofthe President (OPS = Ofice of the Breve Secretary PD. Presidential Doees PhD ~ Doctorof Philosophy Phil~ Philippine Repores PHILIA Philippine Judicial Academy PNP ~Philipine National Paice ‘PRC Professional Regulation Commission RA Republic Act RPC~ Revised Penal Code ITC — Regional Tia Court 'SB- Sandiganbeyan ‘SC Supreme Court SCRA. Supreme Gourt Reports Annotated UST University of Santo Tomas xviii CHAPTER 1 OVERVIEW OF THE PHILIPPINE POLITICAL SYSTEM ourLINE {The 1987 Paiippine Constitution 2.Ths Pilpine State 4 The Phllppine National Territory. 44 The Palppine Government 5. National Smbole 6. Summary information about the Philippines LEARNING OBJECTIVES After compleng ths chapter, you should undertands >The 1987 Philippine Canstttion > Procalonce and Hierarchy of Laws > Supremacy ofthe 1987 Conutcaion > The Blements ofthe Philipine State > The Philippine Notional Territory > The Application of Laws inthe Philippines > The Eranchos ofthe Philippine Government > The Doctrine of Separation of Powers > tal Powers ofthe State > The Netonel Syeabale > The Htary ofthe Paiippines LL Definition of Constitution. Justice George A. Malcolm (Supome Court Associate Justice 1017-1800) speaks the Constitution a the writton instrument enacted by direct ation of the peopl by whi dhe fundamental powers ef the government are ‘stblshed, Listed and defined, and by which those powere ere Aistsibuted rong the several departments for their safe and use "veri for the benefit of tho body pati Phlipine Conatittional Tew as cited n Cr, 1909).2 LEGAL RESEARCH & BIBLIOGRAPHY © Ne Po 1.2: The Philippine Constitution: 121, Fatablighes and defines the powers of the throe branches of federal government sxeetive (president, Inislative (Congress, and judicial (court). 1.2.2. Establish th broad powers of the federal and state svernments and defines the relation between the federal and sate 1T23. Defines in broad terme the rights of the members of 1.3 Philippine Constitutions. There sre four () regular Philippine Constitutions fom the Malolos Convention to the present names: 181 Malolos Constitution 182.1095 Conettation 188.1978 Conttution YB: 1987 Conetitation [Note "1949 Constitution was declared null and wo 1886 Constitution e provisional 4.4, The Constitution is the Supreme Law of the Land. ‘The Constitution isthe supreme law of the land, i is the baal and paramount law fo which al other lews must conform and to which Al person, including the highest officals of the land must defer (rue, 1996). All must bow to tho Consittion Tn case, there in 2 conc between treaty and the Philippine Consitution, Justice Jose Vitu sid: ‘A treaty, entered into by the delegated authority, sithough ocupying an elevated stats in the Rierarehy of laws predated on the principle of paca sunt sevanda, ‘annat override the Constitution, the Inter being the Ulimate expresion of the will af the People, from whom tal ooverstgnty mansion in care. ef croft, the Constitution must prevail (Separate Opinion, Government of USA y, Purganan & Jimenes : GR Na. 148571 September 24, 2002) 1.8, Precedence and Hierarchy of Laws. Not all laws are ‘rented equal, some ls are superior and some laws are inferior ‘The precedence and hierarchy of Iw fllows the requence ‘that iti created. Where there ere conflicts of law, the Philippine ‘Constitation ithe Supreme Law ofthe Land beceure twa crested (CHAPTER 1 - POLITICAL SYSTEM. 3 bythe sovercign people (ehrough th ratification proces). The atin ecupie the highest love inte “Hirasehy of Laws ‘The satus have the next highort proondenc, bucase they created by Congress from the authority derived from the itppine Zonstiuton ‘The etatutes then take precedence over the Implementing and Regulations ORR), which are writen by agsncice in tne eeoutive Branch to put the statute into ore (eUnderstanding thls hierarchy i very important fr the lgal Tsarsher consider. logl restascher who ie ctng ¢ pvsnt ta higher level of la will win over» provision o an infarc law ‘Under the Docrie of Hierarchy’ of Laws, an implementing ales and mulation bang a sere rutordingts legislation, cannet fopersede cr negate a law passod by Congress In the sate way 8 atu cant be contrary to the provisions of the Canetitation. The Ptinine Const cccpien the highew precedence and Ierarehyolawe ‘Futhermore, Crux (1999) aid “The Conattuton i Use basic end paraiount law to whith al laws, rules and regulations unt conform aod {0 whith all peroons, including the highest ifcale f the land, must defer. Any act conflicting with the Conttation must te stricken down, ab all mart bow to the mandate of {his law. Expediency snot allowed to sp ite strength not {reed power permitted to debaae ite rettode Hight or ‘wrong, the Constitution must be upheld es long amit has ‘ot bein changed hy the sovereign people tet te diaregued result in the usurpation of the taeety of lw by the Dretenders to illegitimate power (Cron, Philippine Political Law, 1996 ed, p12). 1.51, bogal Basle for the Precedence and Hierarchy of Laws. Artide Tal the New Civil Cote provide the following Laws are repeled only by subsequent ones end ‘heir voltion oF non observance thal ol be excused by Aiguse or custom or practise to the contrary. When the (purte declared a Iaw to” be incoaitent with, the {Constitation tho former shall be void and the latter shall govern. Adminintrative ‘on executive act, ordore and ‘ogulatons shal be vlid only when they are not contrary fo the laws or the Constitution (Artie 7, New Gill Cade, FRA S88 August 90, 1980,4. LEGAL RESEARCH & BIBLIOGRAPHY © Ne Po 16, Interpretation of | the contin stand be ead acordanee with the usual rules 00 onstruction and interpretation of Statutes, Laws enacted by Story with the 1987 Constitution. Any ngress Should et wth the Constitution shall be delared by {he Supreme Court as unconstitutional ro oar power ofthe Supreme Court is emphasized bere ect any ile pending in Congress, Once shese Bille ee eeu ae signed into nwo Iw bythe President, the se Contre a gk judicial review once the condition i pe for judi doterminaton. eee wil ex much as posible avoid the decision of contiteranal quemtion because of the, Doctrine of Separation of constitatona!gofsnn upon each department » proper respect fr Powers whi rier department This foi tne with the policy Free seen Rouge the promamption of constituionality and go by acento doubt sto eutai” (Cre, 1089) Ti oe Gol Code further provides the following: Hen Coot doubt in the interpretation o application of ws i peerumed that the lawranking body intended of dawn janice to prevail (Article 10, New Civil Code, eA. 80), 1a, Bffects of Declaration of Unconstituttonality root ee ee tee onthe effects of the declaration of ‘heonetiatonality reat yodox View. An unconstitutional aw isto lw: content pte i imappen no duties: tall no protection: te ein lel contemplation, inoperative, as 1 fed not bean passed es Ttedern View. The court simply refuses to recognise snd devine the right of the parties just os f the statute has no ‘Eisence (Norton v Shelby, 118 US 420) 2. The Philippine State 121, The Republic of the Philippines is a State. The epublica the Phipines nm atte since thas al the elements of Republic of he sents ere the, people, government, keritony and sate The nteideo Converton of 1853 a0 cied in Bernas +2002) (CHAPTER 1 - POLITICAL SYSTEM 5 22, The Republic of the Philippines is « Democratic a ee Biate, The Philippines is a democratic, and nd ereistae. Sovercignty resides 10 tho people and, all fora gir eanatee fom hem Geto 3, Artie TL Pee acto. Inddual sovereignty cobectively + che inal wovreint. See of democracy in individual sovereignty. Tt tv indvidual repository of sovereinty ape i a reprerentative government a government i jon by be the people, ‘The easence of repubicniam is ran Poaaaion end senovation (Crit 1999) 3. The Philippine National Territory. TN Eal terry cmpiaes the Philippine archipelago, : “vith all the ialande and Waters embracod therein, Unda other trnitoron over Which the. Philppines ae oversianty_o juriadiction, Consisting of its torestril, ‘nuvil, and aerial domains, Including it tersitoral so, the soebed, the subcl, the insular shelves, and. ther rubmerine areas. The SNaters around, between, ind conaecting the islands ot the are gardens of Weir breadth {ind dimensions, form par of {he internal ators of the Philippines “Geetlon Article 1, 1967 Constitution Knowing the extent of the Philippine ‘National vey import aval, ison within the Philippine national array. 481, pplication of Political Law in the Philippine National Tertory. Pole laws are palieble, within Rational Tytclonal Ternary extending up t0 it politcal6 LEGAL RESEARCH & BIBLIOGRAPHY © Ne Po boundaries, Embassies of the Phi Phillpine National Terror. jenorally. penal ot criminal laws ate ‘pplicable within the Ptlippine national territory extending vp to its" boundaries. For example, robbery commited outside the national territory cannot normally be decided pon by Philippine Court However, there are exceptions to the general rule that Philippines inws are only applicable within the Philippine national territory. For example, Article 2 of the Revised Penal Cade can Be ‘enforced ouside the Philippine jurisdiction nthe following eases ‘Article 2. Application of ite provisions. ~ Except tas provided. in the tester and inws. of preferential ‘pplication, the provisions af this Code shall be enforced ‘ot only within the Philippine Archipelago, including its ‘ttmosphere, it interior waters and mastime zone, but ‘Alo outside ofits juristiction, against thove wha "1 Should commit an efenee while on & Philippine ship crazies 2 Should forge or counterfeit say coin or eurreney note of the Philippine Islands or obligntions and. securities Sanu bythe Government of the Philippine Islands ‘3 Should be liable. for acts connected with the fneoduetion into these islands of the obligations and ‘securities mentioned inthe preceding number ‘4 Whilo being public officers or employees, should ‘commit en affns in the exercise of ther functions: or 8. Should commit any of the crimes against national sveurity and the law of Ration (Article 2, Revised Penal (Core, Act No. 3815) In addition, Article 14 ofthe Now Civil ode provides that “Penal laws and these of public securly and safety shall be ‘bligatory upon all who live or sojourn in the Philipine territory, subject to the principle of public international law and to treaty Stipulations” Qtepablie Act $86) 3.8. Application of Civil Law in the Philippine National Territory. ‘38.1. Family Laws binding upon Filipinos, Local or ‘Abroad. Article 16'of the New Civil Code provides thet “laws (CHAPTER 1 - POLITICAL SYSTEM. 7 to family rights and duties, oF tothe status, condition and epuity of persona are binding ‘upon ciatns of the lines, even though living abroad” lepublic Act 880). For nc, lealy married Flpin couple who obtained an abvolute ‘octoin the State of Nevada in the USA, although valid ‘wll ot be valid according ta Philippine Parly Cade bea lta dvoree i not recognize inthe Philippines ‘334. Lex Rei Sitae, Lex rei aitae its legal doctrine of in and of International Private Law It is atin for "he where toe property i situted” The law governing the tranefor ile to property is dependent upon, nd varies wit, the lex Fel 3.8.4.1, Properties follow the Law of the Place where are Situated, Arle 16 of the New Civil Cade provides that al property sa wall as prsonal property is subject the law of euntry where itis etuated (Republic Act 386). Howener, esate al testamentary sucrosions, both with reepett to the Geer of aucresion and tothe aanount of successional ghis and to the intrinsic validity af testamentary provision, shall e regulated ‘by the national law of the person’ whose siceation i unor ‘insideration, whatever may be the nature of the property and Feeardles othe country wherein auld property may be found ‘33. Lex Loci Colebrationia, Te lex lv cesbrationa the Latin tarm for "law of the place where the solemnity telabrated” in the Confit of Laws, Arise 7 of the eame code ther public instruments shall be governed ty the laws of {he courtry in which they ae executed. ‘When the act refered toate executed before the Aiplomase or conailar officals of the Republe of the Philippines "in foreign county,” the slemnties ‘stblshed by Philippine laws shall be obeorved ln hit ‘Prohiitive laws concerning persons, thir acta or property, and thoso which have fr thelr ebjec, public rier, publi policy and good corm shall nt be rendered inotectne bylaws or judgente,promulgeted, or by Aeterminations or conventions agreed upon in foreign county.8 LEGAL RESEARCH & BIBLIOGRAPHY © Ng Po 4. The Philippine Government the executive branch, and the judiiary Branch "The Exocutve branch headed by the President and the Legislative. branch made up of the” Senate and House of Representatives, headed by the Senate President and the Speaker of the House reopoctively. ‘The judicial branch is headed by the ‘Supreme Court. withthe Chef Justice a ita top oil 42. The Philippine Government is only a Part of the Philippine State. One ofthe cloments of state isa government. Hence the Philippine government, being an element, ls part of tbo Philippine Stata. Ifthe Toga resoarchor is refering tothe Filipino ‘people, the national teriary, the government, and the sovereignty, {hen the proper term is Philippine State Ifthe logal researcher i jun referring to the government, then ita relered to simply ae the Philippine government 42, Fundamental Powers of the Philippine State ‘Those fundamental powers are inherent inva state and do not need tobe expressly. conferred by the 1967 Conatittion ‘The undemental powers af the Philippine state are the lowing “43:1 Police Power of the State. It isthe power ofthe state to regulate liberty and) property for the promotion of the {eneral welfare of the people, The power of the rate to regulate ‘edical practic inline withthe police power ofthe state '£3.3. Power of Eminent Domain. It enables the State to scquire private property, upon payment of just compensation. 43:3. Power of Taxation In the power of the atte to demand from Use merabers of the sclty their proportionate share ‘or contribution in the maintenance af the government (Crus, 1009). ‘The power to tax the modical tevices rendored by the medical practitioners isin ine with ‘this power of taxation of the government 44, Doctrine of Separation of Powers. The relationship between and among the branches of government la governed by the doctrine of "separation of powers” The Dacrine of Seperation of Powers is intended to prevent concentration of authority in jst ‘oe parson or a group of persons that might lee to an avevernble ‘error or abuse im its exereoe to the detriment of the republicen (CHAPTER 1 - POLITICAL SYSTEM ° tions (Cruz, 1998). The Philipines has three beaches or ents of government, and each of the three branches he fm of checks and balances, One department i allowed to ‘eeroschments upon ite prerogatives ar to rectify mistahoe ‘Acorng to this dectrne, each branch of the government ies pomers excl Yor example, before a bill becomes 4 lav, there are meny ages, Brey, bil is introduced by any member of Congress {There wil by few reading involving the reading ofthe number dtl ofthe mesure and its reforal by the Senate President ot ‘the Spenker ofthe House tothe proper commitee fr study, On the second reading, the bills readin ies entirety, cruised, debatod hon and. amended when desired. On the tind reading. the ‘members merely repatr thelr votea. Once the Bll panes three feadings it spent tothe other house and in tr wll dengo three finiler readings. After which, the bil will be submitted to the President ofthe Philippines for consideration, The bil iw enrolled ‘when printed as nally approved by the Congrose and approved by the President (Cruz, 1996) The President has to approve the bi {hiss in conection with the Prinepo of Checks ane Balances, ‘Upon approval by the President, the bill becomes law, Bat there shouldbe publication inorder that the law wil be fective, ‘Under Article 2'of the New Cie Code, “Ar. 2. Laws shall take sffect afer fitoon days following tho completion oftheir publiction In the Oficial Gazeta unleo iis therwtas provided"10. LEGAL RESEARCH & BIBLIOGRAPHY © Ne Po Tho other powers of the legislature are: power of spproprition, taxation, and expropriation, power to canvase the presidental cletons, "Yo declare the existence of war, to give ‘Goneurence to treatise and amnestien to propose constitutional ‘amendment, and t impeach (Cruz, 1995). 48, The Executive Department - the Power of the ‘Sword. The exceative power shall be vested in the President af the Philippines. (Section 1, Article VIL. 1987 Constitution). ‘The President of the Pilipines isthe chit executive af the Pilippine tovernment. The President has the flowing powers: appsnting Power, Use removal power. the control power. the military power, the pardoning power, the borreving power. the diplomatic power ‘he budgetary power, andthe informing power. 147. The Judiciary Department - the Bastion of Rights and Liberties of the People. The jaticial power shall be vested in ‘ne Supreme Court aod in auch lower courte nu sony be eelabiohed bylaw (Section 1, Article VIN, 1987 Constitution) ‘The Constitution provides "The judicial power shall be vested in one Supreme Cour and in such lower Courts may be etablahed by law." Further, "judicial ‘ower includes the doy of court of justice to sete actual fontroversiee involving. ‘rights which are legally dlemandable and enforceable, and to Jetormine whether ot ot there hea been a grave abuse of diseretion emounti 1 lack or excans of juriaditon onthe part of any branch oF instrumentalty ofthe government” ‘The judiciary vested, with hudical independence by the 1987 Constitution. ‘While it io the legialatre that makes the la, and the executive department that implements tho law, i ie the judiciary that interprets the law. Judicial power incur the duty of the ‘court of jtice to tle actual controversies involving rights which fre legally demandable and enforceable, and to determine whether or not there has been a grave abuse of dicrtion amounting to lack tr exces of jurisdiction on the part of eny branch or instrumentality tf the Government (Section 2, Arle VII, 1987 Constitution). ‘As the branch of the government tasked to interpret laws shen controversies or disputes nic, the judiciary is vested by the Constitution with what is called judicial power, Unlike the fexecutive branch, the judicial branch does not have the power £2 ‘eto bills enacted by congress, Unlike the legislative branch, the sawtonomy and (CHAPTER 1 - POLITICAL SYSTEM. n branch doos not have the power to enact amend or real eject sresidental appeintments or override the veto ofthe ‘While it ie Congress which is the source of statutory law, it Supreme Court's decision that ie the source of cane Inw oF tis known as jurisprudence. Article of the New Civil Code that judicial dacinions applying or interpreting the laws or ronrttion ball form part of the logal ston of the 1. The National Cost of Arms. The national cata of the Republi was approved by Commonwealth Act Nov 721 uly 3, 1646 Te wan designed by then Captain Galo B. Ocampo, Sreetery a the Philippine Horldry Comaitice, "This wab subsequent revised in Febronry 12, 1908, under Ropuble Act 841. The nalonal sontofarme shall have paleways of two. (2) piece, acure and gules chief argent stidded ‘rth threo (3) mllte equidistant from each ther and, im pint of honor, ovaid argent over fall the sun rayoanant with sight minor leeser ay. Bonoath shall bo the all withthe words “REPUBLIKA NG PINAS” inseribed thereon (Adapted fom sti cogrens gop. 5.2. The Flag of the Republic of the Philippines. The Philippine ag stands for unity and national dente, ant exprostes ‘the Pipi’ aspirations for freedom, equality, juris and nobility. Wie the ony fag inthe word eo to sigufy passe or war. In ie of pose, tho ole stripe ison op ofthe 0d in ie a Wa the red Alten of our county, while the be stipe squilty among men. The eight rays ofthe Philippine Sun in the nalts "St sip os ens dh Ma SS Hi oe ean Sick avai res era willingnes of every Fine ta shed blod in Toe equilateral triangle on the eft side is symbolic of12 LEGAL RESEARCH & BIBLIOGRAPHY © Ng Po for Luson, Visayas and -Mindanso (Adapted from Http congrese go 5.3, Seal Of the Office of the President. Bi Office of the (President REPUBLIC OF 1M PHILIPPINES 54. The Seal of the Philippine Senate. Th ofa sel ofthe Senate of the Philippines is actualy an edapiation ofthe Coat ‘of Arm ofthe Republic, which was approved on ‘uly 15,1950. This orientation ix but inevitable, ‘he Sonate being the legislative body ofthe State However, eerain, modifoations were recommended {o. recognize the law-making fonction ofthe Senate. As « symbol of the State, the coat of arms of the Republic roprsents three Fisrieal phases — Philippines, Spanish and 55, The Seal of the House of Representatives. The Philippine Sun Rayonnantcecupies tho conter while the three sare repreeenting Lazoa, Viejas and Mindanao, occupy the chief of the Shields On the dexter (eight de) on a eld of blue Is the bald FReaded American eagle, and on the saiter Gof side) on field of ‘edi the Lion Rampant "Ths fe surrounded by a circle of 4 stars representing the “ar"peovinces of the Philippines in 1967. The yeur ] oer denotes" the year when the House of Testored se. the. lower Under the 1987 Constitution inthe wake of the tlemice ofthe unicameral leialature under the $973" Constitution “(Adapted from bepsww congress gv-p. (CHAPTER 1 - POLITICAL SYSTEM a3 F the political aatem in the Philippines takes place in an ergeniod. famowork of a prosidentil, representative, and democratic rpublic whoreby the president is beth the head of tate thd the head of government within mplrifrm mult party sytem "Ths system revolves around tree seperate end sovereign yet interdependent rancher: the legislative branch. (he. lew faking bod), the executive branch (the lawenfrsing Bods), ad ‘he judicial branch (Ie law interpreting bod). ‘Executive powar is exeried by the government under the leadership of the president. Legislative power is vested in bth the ferment snd the two-chamber congrem =the Sena (he upper hamber end the House of Representatives (the lower chatnber) ‘Judisel power in vented in the courts wily the Supreme (Court of the Philipines asthe highest judicial boy (Wiiped). ‘The flowing short history of Ube Philippines is clled from ‘the US State Department: Pre-Spanish Period, Th first people in the Philippines, the Negras, are beliowed to have come to the Islands 90,000. years ago from Borneo and Sumacrs taking their way acre then-eniting land. bridges Subsequently, people of Malay sacl care fom the south in aucenaive waves the erlont by land bridges and later In bontacalledbarsngays. The Malays settled in entered ‘ommuntics, also called berangays which were ruled by ‘hetiaine known as dats, Chines terchante and traders frvived ed seta inthe nindh century AD. In the th entry, Arabs asived ntrodcing leat the uth and txtending some influence even into Lazon. The Malays however remained the dominant groups the Spanish served the 16th century. 4Aanv2aAatu“ LEGAL RESEARCH & BIBLIOGRAPHY ONg Po ‘Spanish Period. Ferdinand Magellan claimed the Philipines fr Spain in 1621, and for the next 377 years the islands were under Spanish rule. This period wa the fra of conversion to Roman Catholicism. A Spanish Colonial ancl aystem wan developed, complete with & rong centrale government and considerable clerical infloence, The Flipinos were reve under the Spanish, tn ths long period was mated by numeroas uprising ‘The most important of these begun in. 1896) Under the dership of Emilio muna and contined until the [Americans defeated the Spanish Nect in Manila Bay on ‘May'"i,” 1898, during the Spanish-American War. [Aguinald declared independence from Spain on June 12, 1838. ‘American Period. Following Admiral Goorge Dewey's defeat ofthe Spanish Nee in Marila Bay, the US. ceuped the Philippines. Spa ‘ceded the inland Yo the United States under the terms of the Treaty of Paris (Decenber 10,1898 that ended the war. ‘A war ef tesitanoe aguinet US. role, lod by evolutionary President Auialdo, broke out in 1698. This ‘flict claimed the lives of tens of thousands of Blips find thousands of Americans. Although Americans have Fistorically usd the term "the Pilipine Insurrection Filipinos and an increasing number af American historians fefer to theae hotties st the Philippine American Ws (Ga90-1902), and in 1999, the US. Library of Congress Feclasifed its references to. use thin term Tn" 1001, ‘Aguinald was captured and ewore allegiance tothe US, {thd revatancegraduelly dod out until the cont ended trith’t Pesce Proclamation on July 4, 1902, However, Srmed. resistance continued sporadically until 1918, ‘epeially in Mindanao and Sulu, with heavy casualties on Cath des, U.S. administration ofthe Philippines was alway declared tobe temporary and fiat motld permit and encourage the eventunl fwtabliuhment of free and democratic. government. ‘Therefore, US. ofliiale concentrated on the cretion of {ich practical supports for democratic government as (CHAPTER 1 - POLITICAL SYSTEM. ‘contol, was establiohed. A cv service wae formed and ‘war gradually taken over by the Piipinon, who had (ectively gained contol by the end of World War I. Tae CCathalie Church wns disestablished, and a coneiderable mount of chuzeh land was purchased and redistbuted in 1095, undor the teria ofthe Tydings MeDiaie ‘Act, the Philipines became a. sel'governing ommorwealth. Manual Quezon wes elected president of the new government, which was dsigned 1 prepare the fount for independance afer & 10,year transition period ‘US fee inthe Philippine placing the ene control, Dut tt fSccupation, thousands of Tlpinos fought! «running {guerilla Sampaign against Japaneae forsee ‘She fultcale war to ropsin the Philipines began ‘when Grneral Douglas MacArthur landed on Leyte on Fighting, making it the second most devastatod city tn World War I after Warsaw In total, an satiated one anlionFlpinos lt their ive in the wa ue to the Japanese sceupaton, the guerilla warfare that fllowed, and the bales lending to Hbration, the country cuffed grest damage and 4. complete organizational brown. Dest the aken sat of the fountry, the U.S. and the Philippines decided to move forward with plana for independence, On July 4, 1948, the PllippceIsends became the indapendent Republica the cordance with the terma of the Tying Th 1962, the "afical Philippine Indepencence Day was changed from duly 4 to dune 12, commemorating the date independence thom Spain Was ‘leciredby lio Aguinaldo in 1698 ‘Fostndependence Period. The early yer of Independence wore dominated by UScasssted postwar ecostrtion...A. communistinpired Hak Rebellion (0845-89) complicated recovery efforts before ite succes suppremion under the leadership of President Raion Magsaysy. Tho sucoeding administrations of Presidente (Carlos P. Garis (19576) and Diosdado Macapagal (198116 LEGAL RESEARCH & BIBLIOGRAPHY © Ng Po 60) sought t expand Philippine te to its Asian neighbors lesplement domestic reform programs, and develop and ‘iversify the economy” In 1972, President Ferdinand B, Marcos (1965-86) ected martial law. siting growing nlesenees and open ‘ellion bythe communist rebels ao his Jusifiation, ‘Marcos governed from 1973 wnt mid 1981 ia aeardance With the tranatery provisions of new constitution that placed. the commonwealth. coneitation of 1935. He Sippresied democratic institutions end reetrictod civil liberses during the martial law period. ruling largely by decree and popular feferenda. The government began & Process of "political normeltzadon during 1978, Riminating in the reeeetion of President Manco to 8 6 Year term that would have ended in 1087. The Mareoe overniment's respect for bsan rights remained lw (Reps the end of marta! law on January 1, 1981. His goverment retained ite wide acre! and detention powers Corruption and favorita contributed toa serous decline In economic growth and development under Marcos "The assassination of opposition leader Benigno (ina Aguino upon hie return to che Philippines in 1989, afer a long perid of el, coelecced popular Aisatefction with Mareos and sein motion sweemnon of events that culminated ing snap presidental lection i February. 1986. The opposition united under Aguine's ‘widow, Corazon Aguina, and Salvador Laurel. head of the United Nationalist Democratic’ Organization (UNIDO). ‘Tye election was marred by widesprend slectoral Saud on the pert of Marcos and ie supporters International hecrvers. including a US. éelegntion led by Sen Richard Leaner indiana), decunced the offal results. Mareos ‘was forced to fie dhe Philippines ia the face of s pencefal Goliansmileary uprising tht ousted him and installed ‘Corazon Aquina ss president on February 25, 1986. ‘Under Aquin’s presidency progress was made in revitallaing democratic institutions and respect for ceil Iberes: However. the administration was also viewed by ‘mans as weak and fractious, and retur to fll plitea [Rally snd economic development was hampered by Several attempted coups staged by disaffected members of ‘he Philippine lary om (CHAPTER 1 POLITICAL SYSTEM " Fide Ramos wae elected president 192. Barty in hig" administration, Ramos declared national eeoelation” his highest prorty. He. legalized the Gemmusist Party and created the National Unifeaton Commimion (NCO) to lay the roundwort foe tale with comutist insurgents, Muslim separsst, and miary ‘bel June 1998, Pendent Ramos sighed int ae ¢ feneral conditional nminesty covering al rebel groupe at ‘ss Pilppine military and police personne scsced of Grimes committed while fitting, the insuopenta In Sclober 1995, the “government signed tn agreement Twining the ‘military insurgency to an end A peace fgrerent with one major Masi inset group the IMNCF. waa nened in 1006 Jeph Berto Bstndas election as President in May 1608) marked the Philippines hind demratc ricenion sine the ostr of Maree, Estat was lected vith overwhelming ase support on a platform promising poverty uleviaion end an antcrime ertckdovn, lore Macapagal arroyo, elected Vico President in 1998, aimed the Prendeney Sn Jenusty 2001 her spiespread demonstrations that lowed te breakdown of Estrade's inpeachment tal on corruption charges, The Philippine "Supreme Court" subseguenty endured tunanimeusly the costittionality ofthe transfer of pore. Nationel and lel elections took place May 2004, Under the somtituion, ‘Macapagsl-Atroyo was” elie. fer nother siyeer term an president, and she won a hard feught campaign aginst her primary challenge, movie tctor Fernando Pos ein secuons held May 10, 2008 NoliDe Cato war lasted Vice President. ‘The fillowing background information about the Philippines ‘nculled fromthe US State Department. ‘Tho Philippines has a. Tepresatative democracy modeled on the US. system. The 1987 conelitaton, ‘opted during the Aquino administration, restalished presidents! tystom of government with a. bicameral legilature and an independent judiciary. The president limited to one 6year trm. Provision also was tae in the fonsitaton for autonomous Tepons in Muslin areas of Mindanao and in the Corilers rpton of norehera Lauzon,18 LEGAL RESEARCH & BIBLIOGRAPHY © Ng Po ‘The President, head ofthe Executive branch, the House ‘of Representatives and the Senate, component of the Legislative branch, are lected bythe populous. The Legislature or Congress ‘a bicameral comprised. of 24 Senators and 250" Members of the. House of Representatives Historically, Uere are three periods (see »1e99, 1894-1941 and 1971-1880) during which the Philippine Congress was not bicameral but unicameral ‘The present Cangresr contnine the largest membership ‘andthe most broad power designation by the Constitution {nPhilippine history ‘The Philippine Senate is lected at lerge. 19 of the ots Dosrible 260 members ofthe House of Repecosnatv reelected from the singlemember districts” The Temainder of the House ceats in deignsted for sectoral ‘Fepresentatives elected at large through a complex "party Tis stom, ‘On Jarary 17, 200, then-President Joseph Estrada's Jmpeachment til in tho Senate was proomptod aher & iejorty of senators voted to block the introduction of ‘erain Items of evidence. Largo, peacefll demonstrations {the capital over the next Jays ended om January 20, when Estrada resigned and. Vice. Presiient Gloria Macepagal Arroyo was sworn in as President (Source: US Department of Seat) ‘The executive branch is headed by the President, who functions ae both the head of stat andthe head of government. The ‘resident is also the Commander in Chit of the Armed Foros of the Philippines. The president is elected by populs vote toa torm of (years. The president, then, appoints end may Gr) hfher cabinet members whom helshe presides over. The exective rent of (fovernment ia adminitered oily from Malace ang Palace also ‘The President mey no longer run for reelection, unles helehe ‘comes president throvgh constitional succession and has aorved foro more chan 4 years aa president "The second highest offical, the Vice President, i lao elected by popular vote. The vice-president is second in lie to suceston should the president reign, be impeached or ie in alice. The vce (CHAPTER 1 - POLITICAL SYSTEM 19 ums, though not always, may be & member of the cabinet, If there is a vacancy in the position of Vice the President will appoint any member of Congress “purty member) ae now Viae President. The appointznent ‘alllated by three fourtha wota of Congres. Yotng iy Mdapted fom Wikipedia Ge dtrontofices and department ofthe Executive branch of oe ofthe President ‘tthe Viee President Jepartnentof Land Reform E Departnent of Foreign Affairs Department ofthe Interior and Loel Government Deparment of Health Department of Susie Departaent of Labor and Employment Departent of National Defenee National Eeonomi and Development Authority fie af he Press Secretary Depsrement of Public Works and Highways Department af Science end Tochnology Department of Socal Welfare and Development Department of Tousiem Department of Trade & Industry Department of Transportation & Communications ‘The ofvial_ website of the Philippine Government is Ip: gorph. The next figure prevents the main page ofthe fii Republi ofthe Phlippiner website, The offal government Iwebito io the beat site to search on matters concerning Pilppine Palitcleyeten,20 LEGAL RESEARCH & BIBLIOGRAPHY © Ne Po (CHAPTER 1 - POLITICAL SYSTEM. a | i a 3 Te Of Weoste oe Preset he Repco te Pippin hows 269008 epshewm gore 1F ncreececeneen Pigue ¢ Tre Ofc ‘ot the Cabin ofthe Repu of he Piping sips gv gest a. i ci prs oe nie Bi of ome Pigpres care seed npn. pec22 LEGAL RESEARCH & BIBLIOGRAPHY © Ng Po [ASSIGNMENTS 1; What inthe official web site ofthe Philippine Government? 2. What legal materials con you acotsUsrough ths webite? 5. What isthe website af the Office ofthe President? What legal ‘materials can you acess through this website? REFERENCES 1 Booles Agpale, Ruben B. (1998). Stautory Construction. (Eaton. ‘Manila: Rex Bookstore. Bernas, Joaguin G. 83. (2002), The 1987 Philippine Constitution (i Edition)” Mansi, Philippines: Rex Booertor, In. Best, Catherine F (2007) Best Guide to Canadian Legal Research ‘ip: legalresearchorg docs process! him Bouchous, Deborah B. (1908) Legal research and Writing for ‘Paralegals. Second Eston. Aspen Publishers, Ine: New Gras, Teageni A. (1995). Constitutional Law. Manila: Contrel ‘Lambook Publishing Co Ine Velasco, Rand Sylvano, M, The Philippine Legislative Reader, "1960p 41 Ableton, J, Foundations of Freedom (A History of Philippine "Conarases), 1988, pp. 8285. 2. Laws, Rules of Court, and Administrative Iasuances, 1987 Constitution of te Philippines 1907 Rules of Civil Procedure {Ac 416, Reviaed Penal Cade ofthe Philippines Republic Act 366, the New Civil Code af the Philippines Revised Rules of Criminal Procedure Revieed Rules on Evidence 3. Websites: uspitwwe state govnpalvben2794 him ution wikpedieorg upitwwre-congressgv.ph http supremecourt gph tpl go ph ‘utp ap gp CHAPTER 2 OVERVIEW OF THE PHILIPPINE LEGISLATIVE SYSTEM )UTLINE _Byoluton cf the Philippine Legislative Systems Legislative Periods of tre Pilpin ‘Statutes fom the diffrent Legsative Periods ‘The Legislative Processer [LEARNING OBJECTIVES "Aller compleing this chapter, you should understand 1+ The Hreution ofthe Philippine Legislative Sytem > The Legislative Periods ofthe Phlipines > The Statutes from the Leginltive Periods > The Lagilative Provess 1. Evolution of the Philippine Legislative System For fur hundred yearn, the Philippine Archipelago is a telony of Span and the Spanish Laislative Sytem prevailed over ‘the Philippine ‘The Spanish Period ranged fr 377 years from 1821 to 1808, "The Senate Websita clear decribed the evolution ef the Philizpine Legislative Sytem under the Spanish Rale und is hereby presented. Under the Spanish rule, the legiistive powers, were shared ty three entities: (i) the Governor-General who ould prmulgeteexscutve decrees, ndists or ordnance ‘rth che free of the nw; (2) the Royal Auden, which Basted lows in tho form of autor sceardedes; and‘) the Grown ofSpain acting through its coun ‘Srvig us chief legislator wae = governor general who ‘was assed by two advisory bodies where he rood at Bretdent The othr entity exeriaing logisntve power it the Philippines was the Royel Audencia which wae the Spanish Supreme Court in the Philippines ‘The governor ltneral aso stood as te president ofthis body, unas ttrian erwed, however, ht tho lgtve faction during Use Spanish period war onoplized by « ‘set of interlocking bodies, whore the Chef Legilator the24 LEGAL RESEARCH & BIBLIOGRAPHY © Ne Po governor general, exercising unbounded powers, als stood ft and. member of other bodice: which were vice him. Filipino reprventation was also supposed largely absent in the legiltive bodies Source: Phalippine ‘Senate Webate, uly 2009, 2. Legislative Periods of the Philippines ‘The following historical background of the Philippine Legislative System was culled from the website of the Philppine Congress hitpwww.congressgov-ph) and fom” Wikipedia (htpton.wikipoia or) 2:1, Malolos Congress (1898-1899). During the twilight years ofthe Spanish rule, Philippine lopslative system began with {he unicameral Malolos Congress of the short ived Philippine Republi of 1696-1898 The Melolon Congress was also known asthe [Aceomly of Representatives Following the declaration of independence from Spain by the Revolutionary Government. congress was held In Malolos, Bulacan in 1696-1690 to draw sup m constitution for the Firt Philippine Republi fe was the fest republican constitution in Asia ‘The document states that the people have exclusive sovereigsy. fe states base vl ighs,soparttod the church from the stato, and falled for the creation of an Assembly of Representatives which ‘ould act as tho legislative body Te also cals for « Presidential form ‘tgovernment wih the presiaent elected for aterm of four years By {majority ofthe Assembly Wikipedia). "The Malolos Constitution isthe frst important Filipino document enacted ty the Malolos Congress. It has 101 articles and ‘seven (7) ies Tt eeated eoponsble™ with three tine branches — the txective, the Topalatve fd the Judi. ‘The ‘onstitution specifically provided for sufoguarde Iesinat abuses, and ‘humersted the national fd individual rights not only of the Filipinos and of the aliens CHAPTER 2- LEGISLATIVE SYSTEM. 25 E (History of the Filipino People. Tendoro A. Agocillo, ‘lpi sed Senter 91858 | Peru «1809 [rans 10 [pons 8 Nowra 668 sin ]Revnber 2,609 ean, ‘The Malolos Congress held its regular session from Septamber i 1806 = Nowerber 15,600 Pede Paterno served as theorist the Anobly of Repovnatve 22 Philippine Commission (1900-1907). The Malan Congress was shore lived and thie was followed bythe Philippine Commission sf 1901, a calonial lopsltive eprom Coniposed of al ‘Amorican aproinoos. ‘221. Schurman Commission, The Schurman Commission slo known aa the Fest Philippine Commission wes the ofthe Philippines, then known the Piippine Islands tinder the spversign contre of the United’ Slater during. the Phllippine- American War. It was established by United, Sates resident Wiliam Mekiniey on January 80,1800, ‘Accneing to Dla (1091) ‘The First Philippine Commission (Che Schurman Commission), © fve-persan group headed by Dr Jacob Schurman, president of Corel! University, and induding Admiral Dowey and General Otis, olnvestigate conditions in the sands and take recommendasione: tn the reper ‘that they issued to the prsident the flowing year, the ommirsoners acknowledged “Filipina eapireions for [ncependinee; they dared, however, thet the Philipines ‘was not roudy fori Spoaie recommendations included the establishment of civiian government au rapidly ax possible (tho American chief exscutive in the islands st {hat tine war the military” governer), including ‘stablishent of «bicameral. legislature, autonomous fovernments on the provincial and municipal levelo and ‘stem of free public elementary achool26 LEGAL RESEARCH & BIBLIOGRAPHY © Ng Po 222 Ta Commission. The Taft Commision lao ‘now a Second Philippine Commission was tho logsitare of the Philippines, then known ea the Peilppine.tlande. under the Sovereign contol of the United Statee" during the Philippine ‘Amerson, War. It was ectablished by United Staton President ‘Willem Mckinley on March 16,1800 Parthermore, Dela (1991) explained “The. Second ‘Philippine Commission headed by William Howard Taft wae granted legislative aa well limited executive powers. Between Soptomber 1900 and ‘Avgust 1902, ie laued 499 laws. A judicial system was ‘steblshed, including e Suprome Cour, anda legal code ‘was drawn up to replace antiquated Spanish ordinances. A Gull service was organized. The 1601 municipal code provided for popularly elected prenidents, vice presidents, find counclre to. serve on municipal bourés. ‘The ‘munigpel tourd mecbers were reaponsible for clicing {axes maintaining munisipal properties, and undertaking ecesoury construction projects; they also, elected provincial governors. In" July 1901" tho Philippine Constabulary was orgunized as an archipelago-wide police force to contol Brgendage and doel with the remnants of fhe. ineurgent movement. “After “military rule wa terminated on July 4 1901 the Philippine Constabulary fradually took over from United States army units the ‘eoponsbity for suppressing guorrila and bandit ate, “The Philippine Ongunic Act of July 1902 stipulated ‘hat, with the achievement of peace, legslruro would be ‘realised composed of = lower house, the Philippine ‘Assembly, which would be populary elected, and an upper house consiating of the Philippine Comission, which wa to be appointed by the president of th United States. The {oo houses sould share legislative powers although the ‘Upper house alone would pass laws relating to the Moros land other non Chistian peoples. The act alo provide for txtending the United States Bil f Rights t9 Filipinos and fending two Pilpino resident commiasionere to ‘Washington to ettond. sessions of the United. Stator Congres. In July 1907, dhe Girt elections for the aasombly vere held, and It oponed is Rrstsesion'on Ortaber 16, and later became Bicamer Commission tien eveved into Philippine Legslatire, There rere ten (0) Philippine Legislature. The laws enacted by the Philippine agllature ere known a Act CHAPTER 2- LEGISLATIVE SYSTEM a7 1907 anald B, Dolan ed. Philippines: A Country Study. Washington: GPO for the Library of Congress 1285), 22. The Philippine Assembly ~ Compared of jos (1907-1818), ine Ascombly was convaned atthe old Manila Grand. Opera, Howse on October 16, 1807. Two ‘dominant politica! groape-the Partido Nactoelista and Pertdo. Nacional Progresista vied for positions in the ‘Assmbly Minority partie aloo eld their candidates as tell as indopendont aspirants The Naconalists Pasty, the ery Ibst espoused "immediete and complete Indepencence’ ‘headed by ‘Sergi Ossie, captured ‘majority of the 8 ~ seat Assembly. However, astuation of fenict prvailed, forthe legislative arm of government fonsisted of an elective Assembly composed of Filipinos fand an appointive Comminion dater to become. the Sonate), the majority of the members of which were Americans. Such confit, howover ame to an end when the leglative powers were vert bythe Jones Law ins bicameral opislature composed exchusively af Filipinos From 1807 to 1916 th legislative power waa verted in a legilawe, withthe Philippine Commission a0 the upper house ard the Philippine Assembly aa the lower house thoreaf (daptod from Wikipedn). Pursuant tthe provision ofthe Jones Law, the legislative set-up” was. changed. The” Phisppine CCommisdion war abolished and the Philippine Legislature, Inaugurated on Oetober 16,1918, consisting ofthe Senate tnd the House of Representatives was sutablihed, Thus, {he histoy of Philippine Senate ran be traced in Teale term fom the time the Ameriouns colonised the cumtey ‘Adapted trom Wikipedia; Orginal Soured from Petrana and Reval, Boentale and Dynamics ofthe Senate, 2001), 23 Philippine Legislature (1916-1935) ~ Unicameral From 1907-1905, the Philippine From 1007-1616, there were two lopaatve bodies ~ the Paine Avery’ cing oalyFipins and te Commission, composed. mostly of Americane. The28 LEGAL RESEARCH & BIBLIOGRAPHY © Ne Po ‘members of the Philippine Commiasion were appointed by the US. President with the cnaent of the U.S. Sena, wile those ofthe Philippine Assembly were slacted ‘by @oalifed slectore. in their divided. In 1816, the Fourth Philippine Legisatire became. bicameral congress, predominantly elective, = Filipino controlled Tepalatare by ames IRIN women Met rte of the donee. Act of 1816, SSTSGRTNSS end Tasted until November 1605 Sierras cree when the, semi-independent Maiteestiniccs Commonwoalth Government was Inaugurated. The Prosdent ofthe Prilippine Senato was Manuel L. Quezon, and the Speaker of the Philippine Assembly was Sergio Osmefa 24, Netional Assembly (1935-1946). The First National ‘Assembly ofthe Philippines was the meeting ofthe lepalature the Commonwealth of the Philipines, from November 25, 1938 } ntl August 26, 1938 ‘The Seaind Nesonal Ascombly of the Philippines was the mmooting of the Tegulature “ot the Commonveaith ofthe Philippines, tom Slansary 24 1899 antl December "16, 1941 The laws enacted finder those two Naticoal "Aavemblis fare known as Commonvesith Acts From 1042-1944, the Japanese occupied the Philippine. Under the Japanese Occupation, a unicameral National Assembly replaced the bicameral body after the 1995 Philippine Constitution ‘was ratified. The Second Philippine Republics National Assembly ‘was created under the 1943 Constitution, which sctablshed:« Dominelly independent Republic af Ue Philppinae recognised raainly by the Axis powers, Meanwhile, all tho ws pasced by its ‘CHAPTER 2 LEGISLATIVE SYSTEM 29 ational Asembly were invalidated by proclamation of Gen ouglns MorArtaur on October 25,1944 just right. afer rtablishing the Commonwealth government in Pal, Leyte (Co Busch Valder Tan Ke, GR No LS, September 1, 25, Commonwealth Congress (1945-196), From the shoration of tho Philippines in’ 1944, there ware two szmonealh ‘Tho First Congest of. the pipaggg Commonsesith “af the Philippines also known athe Thid National Ascombiy of the Commontweelth of the Philippines war the rooting of the bicameral Tegllature of the Commonwealth of the PPllippines, composed ef the Philippine" Senate sod Howse of Representatives from ly 9 until December 20, 1945, It only convenod after the re iabishment of tho Commonwealth Government andthe calling re special seions by President Sergio Onmneha, Sr who replated fanel L. Quezon when he died of tabercloie during bie eile ‘The Sacond Congress of the Commonwealth of the Philippines, convened "before he prodamation of Independence om duly 1048 tnd daring “the Philippine Independence, it came tbe Known es the First Congrees of the" Phiippines. The laws tnacted by the Commonwealth Congresses wore sao known Bommonwealtn Acts, just lke the Inwe pasted by the Nevioel mbes fats 2095-1941, 2.6. Congress of the Philippines (1946-1972). On July 04, 1948, the ‘United States Government granted Phlipine20 LEGAL RESEARCH & BIBLIOGRAPHY © Ng Po Independence and the Congress of the Philippines is extalishod Congress functioned as the national lgislatere until September 1672 when President Ferdinand E Marco placed the costey under martial lew. The Laws enacted during’ tie period are called Republic Ata, Thare were seven (7) Congresses fr the period from 1946-1972 and stat of 6591 Republic Acts were passed. The 7 Congress of the Philippines was diasolved by the late President ‘Marto upon the declaration of martial law 227, Martial Law Period (1972-1878). During the Martial ‘Law Period, President Marcos versed fll” Topiaative and fuscutive powers The Presidential Decrees enacted into law by Present Marcos hed the enacted by Prosidant Maras are Pris From 19761078 President Marcos formed. the Betansant Bayan, 28, The Batasang Pambanse (1978-1986). In 1976, the ‘Batasang Bayan served as adviory body tothe President wh had ‘until 1078, when it was replaced by the Batatang Pambanse, The Interim Batasang Pumbenas (Enghah ‘interim National Assombt) fr the Firat Baten wan the legislature ofthe Republic of the Philippines trom i 1978 to June. 5, 1964. Te Tegatasve "body as mandated by “the 1873 Conatiestion.” asthe Philippines hited from a presidental to a parliamentary form of government. The Interim Batasang Pambansa pasted 4 ‘ola! of 702 laws: Mga ‘Balas embans Big 001 to 702 "The Regular Bataseng Pembante or the Second Botasan ‘was the mosting of the parliament of the Philippines trom the Doginning of ie seston on July 25, 2984 until it was abolished by CHAPTER 2 ~ LEGISLATIVE SYSTEM a ent Corazon Aquino om March 25, 1988, The Regular Pambanoe fused’ total of 281 lawa Mau Bates ass Bg 709 to'G64, Furthermore, the lowing sre elod wa of the Pailippine Congress ‘A”Usiamere) Loglatare, When marl law was clare the Coneittonal Convention by ve oft i Congreas in 197, was inthe proces draing jw Conrittion” The nal draft wee eloped by the mvonton on November 2, 2 Th wa tied and Rreciined by Drondent Marcu on Jeneery Uh 1993 fast ideoprend proto and’ cntrveoy, With te amation fs new Canaiaton, th present! form Bf oreranent was changed to 9 thodified perhiamentay tn Congres was shold and was upaced ban oded‘uncameral Raton “Assoabi.” Keown asane Pambansa ‘the Hatacang Parbanea was made up of « maximum e200 Mondor ested diferent province wh thes, sponest ees highly urbanised cider and tet ot Metrpettan Mile, eppeinted.rpresntatiner fom enous seort auch ar the south egriafarl and Indus labor sexta abd hoe chen bythe President trom the members ofthe Caine. The Members ha 28, Provisional Republic (19861997). Ater the peaceful revolution, Corazon C, Aguino was declared the President ‘and. the Betazan Pambanea, was Aiselved, Undar the 1986 Provisional Constitution, President "Aauino xerisod lgiletive power, andthe Exscutve Ordere and Presidential Proclamation ‘seued during this period had the effects af tates, 2.9.1. Interremnum Period, Interregnim period overs Februsty 26 1886 (the day Corason C. Aquino took hor oaths President) to March 4, 1986 (Gsmediaely before the adoption of the Freedom Contatuion32 LEGAL RESEARCH & BIBLIOGRAPHY © Ng Po 2.10. Congress of the Philippines (1987-Present). ‘The 1987 Consietion restored the presidential system of overament together withthe bicameral congrees of the Phippines Section ‘Attiele Vf the 1987 Constitution provides as follows ‘The legielaivo power shall be vested in the Congress of the Philipines, which shall consist of the Senate and the House of Representatives, except to the extent reserved tothe people by the provision on initiative ‘tnd referendum, ‘The Congress of the Philippines (Piping: Kongreso ng Ptipnas isthe present national legaatur af the Philipines Iie ee eameral body Consisting’ of the Senate (Gpper chamber), and the Houre of Representatives Gower © chamber). The Senate is composed of 24 senators half of which are lected: every thre years Each senator, therefore serves a total of sx years ‘Tho senators are lected by the whole electorate and do rot represent any geographical district (Adapted fom Wikipedia. ‘The present Congress is nctell a reincarnation ef the Sonate of the ‘Philippines under the" 1940" amendment 9" the "1838 Constitution. A mandated by the new contitutin, the upper chamber Pilipine Senate) ls composed of 24 members sect at large, who serve term of six years. Senators cannot serve beyond The Howse of Representatives i composed ore maximum of 250 ‘ongreesionsl representatives ‘There are fo typeof congressional representatives: the district aed the sectoral ropresentatives. The inti particular geographical dstit ofthe soantry All provinces in the fountry are composed of ¢ least one congressional dati. Several CHAPTER 2 - LEGISLATIVE SYSTEM a3 luo have their own congotsionl ditt, with some dof two or more reproveatativen, The seal congressmen nt thy minority sectors ofthe population This enable these uy eri to be represented inthe Congres, when they wesid cet be represented propesiy through tet tation Aloo known an partyst representatives, cecal men represent Tabor unions, righ groupe, and athe tions (Adapted Grom Wikipdin). Laws enacted y the rhe Philippines are known ae Republic Act, Figu Leste Prod te Piippnes34. LEGAL RESEARCH & BIBLIOGRAPHY © Ng Po Legislative Period ofthe Philippines and the Statutes Period | Congress Statues Revhioay | Mao Carrs ETE) Pete ‘rare Pied 1 Ppp Conmasen (5-105) | ADE 2ePripare Commis (1900-1201) Prtgpne Canmascn 80-197) {"Phlgare Legare (107-100) Ee oon) Prlppne Logue (112-10 oe Pipe Sasa = 507516 { PatopeLegsce (1816619) ‘> Prtope Legos (1579-152) (Prope Lega (122-525) ‘TePrpe Lage (125-1528) {eProp (1825-1551) Pein Lge (150-18) Pig Lge (54-158 ‘one et ets erty 135-15) Carmaiwe Pa. 2d Neto Asem (36-01, pacar panes Pat Nan esrb 165-1). Nad Va ‘Corer | 1 Carmen Congas (975) Conncrwea (ested) —_| dnd Connerwoat Congess (196) al ‘Thes Pug | alone (T6199). ic Repae | dnd Cones 45-15) PA ‘acanges 050-157) ‘en Conges 1988-1261), ‘a Compe 1982-1865) €h Conress 188-186) Sh Conese 170-10 Tara Taw | Prot Ecorse Lpsaie pve Pei a ‘osraae) Decree PO) Fa see ripper Basan Pandas THTEO| — Bas Repble__| Raps Bateag Parana (0-2) arbors BP) Repible ea | Peer Exe Lge power sos Oc Preatenany | (seo867) (eojanaPe Coren im Plone — |B Cans 7-TT Rape egubtePoa | Briones (1952165) we Dea) ‘on orgs (185-1355) ih cons (1858-200) {2h ors (00-2008) 13h Comes (00-2007 {cones 07-2010) 1 i important for the legal resarcher to known the 3 leglatve perods and the specife namee ofthe satues ding Une period, 3.1. Acts (Public Acts). ‘The statute enacted by the jopine Commission and the Philippine Legislator. incliding Philippi Assembly) from 1899 t0 1998 are called ACTS. For la, Ace No. 3815, or populasly known at the Revised Penal 3 ook eft on January 01, 1982. The year 1982 wil point to Philippi Legislature es the legislative body that enacted tse and the name ofthe statutes are therefore calla Act, 8.2. Commonseealth Acts (C.A). The statues enacted by National Assomblis (* and 2) fem 1908 to eat and the snonwealh Congresses (iv and 2) from 1044 to 1048 are ‘Commonweaith Acts or C:A. For example, Commonwealth ‘No. Lor popularly known as the National Defenas Act of 1808, ‘acid bythe 1 National Aaromby in 1095 and are therefore led Commcnwealth Acts 28. Republic Acts (RA). The statates enacted by the wreuot ofthe Philippines (1" tothe 7) frm 1040 fo 1972 and Congresses ofthe Philippines (8 t dhe 14% from 1987 to 2010 called Republic Ate or RAs. For example, Republe At No. 936, popularly known ae the Civil Code f the Philippines, we acted by the 2 Congress of the Philippines and wr. cl public Acts ‘34, Batas Pambansa (B.P.). The states enacted by the interim ‘Betinsang Pambansa (1976-1980) andthe Regular taneang Pembanse (10761984) are called Batns Pamnbnea oF Pas. For example, Baas Pambansa Bleng 22 or popularly known ‘the Anti-Brunching check Law, vas enacied on ® Apel 1079 by the Batasan Pumbanee and are Uhrefore cll Baas Prana 5, Presidential Decrees (PD). There were two periods in Recent Phiippine History wore tho Preident exercaed both ‘xceutive and legislative powers ~ ane by the Inte Presiden Mattos tring the Martial Law Period, and one by Former President36 LEGAL RESEARCH & BIBLIOGRAPHY © Ne Po Corazon C. Aguin right after the EDSA I revolution and before the ratieation of the 1087 Constitution. “The. Presidential Deere issued by the late. Presilent Ferdinand. Marcos have the force and effects of statues For instane, PD 442, o popular known as the Labor Code of the Philippines, was signed into law on 01 May 1074. The word code indicates that it iva atte 36, Executive Orders (£.0.). The Bxecutive Orders (€.0s) leeved by former President Aquino pursuant tothe 1956 Provislonary Constitution are known as statutory Execative Order, ‘Those E.O.s were issued whon the president excrised both ‘executive and legislative powers and have the effect flaws "These E-; are diffrent from auminiatrative EO. ianved by Former Presidents Ramon, Estrada, or President Arroyo because the presidents didnot have lopislative powers there administeative Evrae in the category of Administrative Ls only. "A good example of Statutory EO. issued by Former resident Aino is Executive Order No 209, or pops known ae the Fumly Code ofthe Philippines, signed into law on 8 July 2087 ‘The word code sgifios that ii rly a statue 4. Lawes are Repealed by Subsequent Ones. ‘The Study of the diffrent legislative periods of the Philippines will lsd one to cbeorve that the law enacted by the Aferont bodies carry diferent names. What happens to the ‘enacted by the former Tegslative bodies? Are these ‘Sutomatialy deemed abrogated? ‘The New Givil Code provies tho answer, specifically Article of the New Civil Code provides the flowing ‘Laws are repesled only by subsequent ones, and their violation or nonebservance shell not be excused by ‘inuco or custom or practice to the contrary. When the courte declared a law tobe inconsistent. with. the ‘Conaittion, the former shall be void snd the later sll govern. Administrative or executive acts, ordore and Fegulations shall be valid only when they are not contrary {orth laws or the Constitution (Article 7, Now Civil Code, A386). In general, the civil or commercial laws enscted by the legislative bodies’ remeined ‘tobe elfctod until repealod by stbeequent ones. Act No” 3615 (1932) enacted by the Pallppine CHAPTER 2- LEGISLATIVE SYSTEM 37 Jatore wmained to bo in fst, Commonnealih Act No.1 5) sil « god law. Republic Ast 86 (1060) enacted by the ‘Congres remained to ho effective, Presidential Decrees atued The lat Prosident Marcon, unless repealed by subeauent lave, to have full fren snd flat. Bates Pambense status by te Batasan Pambansa remained tobe ia ful force and ‘onlen epealed by mabsequent des. itcal Laws are Abrogated by Change of Sovereignty Political laws however change trom one sovereign tothe other. /Macarila Asuncion (114 SCRA 7, 1882) the High Cour oi eb Our considered view that although the sforesiatn provision in incorporated io the Cole of Commerce which in part of the commercial laws of the Pilipino it, however, parakee ofthe sature of a politcal aw as it ropulaiee the relationship between, the foverament snd certain public ofier and employes, ke Jamioes and judges. Polite! Law has been defined as that branch of public aw. which dean with the organication and Eperntion of the governmental organs of the State and dtfines the elation ofthe state with the inhabitants of te terror Pople. Perfecto, 3 Pil 867,897 (1023), gay ‘be reclled tha poli law embrace conatitutonal "law, law of public. corporations, ‘tiministrative law including the aw on public ofcrs and ‘lectins Specifically, Article 14 ofthe Code of Commerce. paraker more of the natire of an alminatrative lew Secsse replies the conc of ceva publi ices tnd empoyoes. with respect to. engasing’ in buvinee: bene, poltcal iwenences "EOE Tis wimicant to note chat the present Code of Commerc isthe Spenish Code of Commerce of 186, with “de Ultra," which was ‘extended the Philippines bythe Royal Decree of August (1885, and took effect as Taw in this jureiction on Deoamber', 1885, ‘Upon the transfer of soveroignty from Spain tothe United States and later on from the United States fo the Republic o the Philippines, Arslo 14 of this Cole of ‘must be doemed to have been abrogatedLEGAL RESEARCH & BIBLIOGRAPHY © Ng Po. ‘rcruae where there is change of sovereignty, the political laws of the former sovereign, whether compatible oF not with those of the new sovereign, are automatically ‘brogated, unless they. are expresly re-enacted hy ‘firmative ac ofthe new sovereign. Tikewise, in People «Perfecto (43 Phil. 87, 897 {u92R), thie Cour stated tha: Tes «general principe of the public lew that on seguistion of territory the previous politcal releions of he ceded region are totally Abrogate.” nfo v. Collector of Cusioms (23 Phil 16, 830, 311 (1913p thet By wellscttled public law, upon the cession of territory by one nation to another, either fallowing inguest or otherwise, chore laws which are palidea ‘heir nature and portain tothe prerogatives ofthe former government immediately cease upon the transfor of Soverlgnty. Opinion, Atty. Gen, July 10,1890). ‘While municipal law ofthe newly coquired toritory notin confit withthe, laws ofthe new sovereign continue infore without the express essont or affirmative act of the ‘ongueror, the politcal laws do not (Hallecrs Int Law, ‘hap. 34 par. 14), However, such political laws of the priot Sovereignty as are ot in cont withthe constitution or {nattutons af the new sovereign, may be continued in fore tthe conqueror shall so detace by affirmative set of the commanderin chil during the war, or by Congrese in time of peace. (Bly's Administrator v- United Staten. 171 US. 220, 43 L. Ed. 142). In the case of American and ‘Ocean Ins. Cos. v. 366 Bales of Catton (2 Pet. 28 US] S11, 842, 7 L- Bd. 240, Chie Justice Marshall said: On such transfor by cesion) of territory i has never been eld thatthe relating of te iabltats with each other tndergo any change. ‘Their relations with their forme ‘sovereign are dscalved, and ew reletions are created ‘between them and the government which has ecquired (hee territory. The sme set which (raters thelr outs, trancfor the allegiance of thowe who remain ini and the ww which may be denominated polities, is necesarly hanged, aliholgh that which regulates the intercoures fnd general conduct of individuels, remains in free, until ‘ered bythe newly creted power ofthe State, (CHAPTER 2 - LEGISLATIVE SYSTEM 39 Jn Tem ¥ Cosele (OR No 161484, 08 Marsh 200, the ‘An acoepted principle of international law dztted that a change in eovereignty, while resulting. in tt brogatn ofall paliteal ine than in oro, would ave > ‘fie on iil laws, which would rema virtually intact sislative Process How a Bill Becomes a Law ‘The bllowing discusions ware adapted from the House ct sentative (tpn congress go. phleiahow php ftopain the Lailative Pro Preparation ofthe bil =——— Firs reading ‘Conmitcesoneration action [Sected seating emanate] ‘Thid reading | Eemeemita of tie approved il tothe Senate ‘Senate action on approve ilo the House ‘Conreneecomitie “Teansmital ofthe Blt the Praloat readental ection onthe Bll Actin on approved bl ‘Action on vetod Bl 82. Fisst Reading. ‘Tho bil ls fled withthe Bill and Index Serviee and the ase i numbered and reproduced, Thre days ater its Bling, the fame is inched in the Order of Business for Fist Reading, On Fist Reading, the Secretary General reuds tho tte and user o¢ th bill The Speaker refor the bl tothe appropriate Camis 63. Commitice Consideration or Action. The Committee where the bil was refereed to evaluates it determing40 LEGAL RESEARCH & BIBLIOGRAPHY © Ne Po the necessity of conducting public hearings. If the Committe finds it necestary to condct public heerings, it schedules the time thereat, tanuespublle notices and invites resource persons fm the public and private sectors, the academe and experts an the proposed legislation. I the Commitic nd that public hearing isnt needed, ‘tachoduls the bl for Commitee discussions ‘Thereafter, a committee report is prepared on the bill ‘Tho committee report i readin open session, and together with the Tilia refered tothe Rules Commitee, The Rales Commits can place the bil inthe 2nd Reading Calendar or in the Calendar of Unassigned Business A Committee only prepares «report ona bill Fe deider to recommend for approval bythe House. ‘Based on the result of the public hearings or Committee Aiacusion, the Committee may introduce amendments, consolidate ‘eon the sume subject matter. or propose «substitute bil Te then, Drepares the corresponding committee reper "The Commies approves. the Committee Report and formally tranamite the sae to the Plenary Allaire Bures 64. Second Reading. The Committee Report is registered ‘and numbered by the Bills end Index Service Te is included inthe ‘Onder of Business and referred tothe Committee on Rule. “The Comite on Rules achedles the bil for consideration on Second ending ‘On Znd Reading, a ils subject to debate and amendment before being placed inthe 3rd Reading Calendar or fal passage ‘On Second Reading, the Secretary General tends. the number title and tex ofthe bill andthe following takes place: ‘2. Perid of Sponsrship and Debate 1B Perlodof Arendments ©) Voting which maybe by i va vece count by tellers ‘division ofthe How nominal voting ‘A bill must undergo 8 readings on 3 soparate days except shen the Prosident certifies e bill as urgent to moot @ public ‘alemity or national emergency. 65. Third Reading. ‘The amendments, if any, are sngrossed and printed eopiea of the bill are reproduced for Third Reading CHAPTER 2 LEGISLATIVE SYSTEM a ‘The engrossed bill ia included in the Calendar of Bills for Reading. and copies of the sare art datibured to all the thre days bofoo is Third Reading ‘On Third Reading, tho Secretary Gener er and tl of te il. ‘Aro cal or nominal voting ie called and a Member fhe in given three minutos Yo explain his vote, No emendiment bil allowed at thie stage 1 The bill is approved by an affirmative vote of a rajoity of the Members prevent ', Ifthe bili disapproved, the same i transmitted to the Archives, reads only the ital of the Approved BIN tthe Senate, snpove bl i trananited to the Senate fore encarence rts passage by one hours, the Dil poe though ae nme in the other house me 68, Conference Commitee. A Conference Comite is tuted nd Ip composed of Nowhere fm ath, House of rss tO ete, recone cr thresh “out iference oF greements on ay provi he il “ho ceafren te not limit to rconeling the diferences he il bat may inteduce new provsins germane tothe sujet teraz may ep ou sn aly nw n tn ae mferene Comalice prepare feor to signed the conor and he Chen, ed “The ‘Conference ‘Commitee Report is mibmited for sideration aprovalo both Hotses. Nomen allowed ‘When els passed by both hoe, te signed y thee civ lenders ase fo the Precident far eppord42. LEGAL RESEARCH & BIBLIOGRAPHY © Ng Po 69, Transmittal of the Bill to the President. Copies of the bill signed by the Sonate President and the Speaier of the House of Representatives and certified by both the Secretary ofthe Senate tnd the Secretary General of the Hout, are transmitted to 10, Presidential Action on the Bill. If the bill approved the Prosident, the tame is assigned an RA number and tranamitted tothe House where ivorginated eho bile vetoed, the ame, together With a message cing the reaaon forthe veto it transnited tthe Howse where the Bll originted. "The President may sig the il into a law, or veto ll or part. ot: The bil becomes «lv within 20 days afar neceving tthe President fil to sgn or veto the bill The bill, even i vetaed by the President lan becomes law when Congress overrides the veto by 127 vote of al ta Members 6.11, Action on Approved Bil: The bills reproduced and copia are sent to the Official Gazette Offee for publication and Aimibation othe implementing agencies. Iti then included inthe fal compilation of Acts snd Resolutions, 6.12, Action on Vetoed Bill. Tho message is included in the Order of Business If the Congross decides to override the veto, the Hoase and the Senate shall proced soparately to reconsider the Bil or the vetood items ofthe till ifthe bilo ita vetoed items Is Deed by a voce of twothnds of the Members of each House, such Bill or tere shall become «ln. Note: A joint reslution having the force and effect of lam goes through the same procas. (Adapted {tom hupulwww ongreas gov pbesisthow php) harap CHAPTER 2- LEGISLATIVE SYSTEM 4s Webste of the Senne of he Pipes44° LEGAL RESEARCH & BIBLIOGRAPHY © Ne Po ASSIGNMENTS 4 What i thelial web site of the House of Representatives? 2 What logal materials eon you acess through this webalte? 83, What io the wabute ofthe Senate ofthe Philippines? What lege materials can you access through this website? REFERENCES 1 Books Agpalo, Ruben E. (1998). Stouuory Construction ‘Maile Rex Bookstore Bere, Josguin G., $i. 2002). The 1987 Philippine Constitution (8 Baiton) Manila, Philipines: Rex Booktor, In. Dolan, Ronald’ 'E” ed. (1001) Philippines: A Country. Study. Washinton: GPO forthe Library of Congress Best, Catherine P. (2007) Best Guide 19 Canadian Legal Research ‘ip: egalresearchorg/docs/procss. him Bouchous, Deborah E- (1090) Legal research and Writing for Paralegals. Secnd Edition. Arpen Publishers, Ine: New York Ableter, Jy, Foundations of Freedom (A History of Philippine ‘Congrees), 1989, pp. 82-85 (* Esiton. 2. Cares GoiKim Cham o, Busebio Valdez Tan Keh, GR No. L5, September 18, 1045 3. Laws, Rules of Court, and Administrative Issuances {867 Constitution o the Philippines 1097 Ras of Civil Procdre ‘Act 2818, Revised Penal Code ofthe Philipines Republic Act 386, the New Civil Coe ofthe Phitpeines. Revised Rules of Criminal Procedure Revised Rules on Evidence 4. Websites: Iupifen wikipedia ong ‘tpt congrere go ph Iuiputewe senate gor ph Ripdtewmopseph CHAPTER 8 OVERVIEW OF THE PHILIPPINE JUDICIAL SYSTEM [Overview the Philippine duicinl System The Hierardy of Courts ind of Sorndction frida of the Courts ‘Supreme Court En Bane {RNING OBJECTIVES: completing ths chapter, you should understand: ‘The Philippine Judicial Syetrm ‘The Hierarchy of Courts ‘Tae definition and Kinde of Jriadtion ‘The Juredstion ofthe Supreme Cart En Banc Cases ofthe Supreme Court, Juisdition of the Differest Court Brief Histery of the Supreme Court “This brit history of the Supreme Court is culled fom the Lippine Supreme Court Web Sita (208) ‘The present Supreme Court was preceded by a callegil tody known as the Reyal Avdiencin, the highest ‘ribunal established on May 5, 1883. Te than oame to be own a5 the Audienca Terptarial de Manila with two branches civl and ciminal The Audiencia wes converted tora purely judicial body by a Rayal Decree iued on July 4, 186, at it dcisione can be appeal tothe Supreme Cour Spain sitting in Madi ‘When Manile fel tthe American occupetionel foro in 188, Gen. Wesley Merrit etabichede military government, suspended the criminal juridiction of the AAudiencias and organized milery commieione ae cour ‘martial aud’ provost courts. Om May 20, 1699" Maier General Kell. Otis insed General Orier No. 20 re46 LEGAL RDSEARCH & BIBLIOGRAPHY © Ng Po clablishing the Audincin and giving i juredction over ‘Seta cominal cases "Ast 196 of the Second Philippine Commission, cherie known a the Judeary Law took effet on dune Thor andthe sare date marks the birth of the Supreme Cour By vst ofthat jac power in the Philippine Islands was vested nthe Supreme Cour, Court of Pia Intane ond dustio ofthe Peace Cours ‘ther courts were aubsrauentiy enabled ‘rom 1001 to 1999, atbough a Filipino was always appointed che Justice the major of the merers of te rome Court were"Amaricane Complete Fipinistion ster achieved. ony with the srablaheent ofthe Commi the ratcation by the Filipino prope of the 10995 Contittion na plebiote hed on May 1, 1895, the Imemberthip in the Supreme Court increaved to 11'~ a hin jute and tn asoite stows who st en Bane oF {tw dviione of five members ech ‘Under the 1973 Constitution, the membership ofthe Supreme Court was Increased to I8. The juniors at en ‘anc or in wo dvisons ‘The 1907 Conatution, Section 1 Article VIE ofthe Constitstion vests the judicial power “in one Supreme {Court and in such lower courts a2 may be entabliahed by lew Under the current set-up the Court may st en bane rin theo. divisions of five. members ach (Sour Sep aupremecoare oD). 2. Overview of the Philippine Judicial System ‘he Pilppne Jaci is eof the thre branches othe overnnent flloving the Botnet Seperation of Powers Under Erow et Vill of tbe 1607 Plipine Canesten he judi poner verted none Supreme Cot and sch wer cou aa ay sated byl C967 Cosi veep Pl tonal eve ten cont of fu eral and refonal tal courts; anol Core of Aponis Inve 17 divitone a 10:member Sspreme Court and an informal inal satu for astitecng or wasting renin tapas ovtde Ge elma! ure ion, The Senieniapas, te Goverment Setnraptonerure hers eiminal aver brought agua seioe Stele A Shas Gam lw oot sytem, with rds oer CHAPTER 5 JUDICIAL SYSTEM. 4 nd contractual relations among Muli cis, operates PMindanao provinces © Suliclary is independant from the Executive and ve branches. The Supreme Court is comprised of & Chet ad fearon Assovnte Justices, The Court may sit en ne disetion, in panels of thee, five or seven. The nears of rome Court and the lower courte are selected by tie ‘fom alist of nominees submited by Philippine Judicial ‘Council; conirmation bs the legislature ofthe President appountments isnot required. Only natraltoracitens of lips may had poston cn the Supreme Cour or aay ure Members ofthe dudeary may hold ofits, during good ‘aly ual the age of 70 (Source: US. Department of Separation of Powers under the 1987 tor. The iden ofthe separtion of powers canbe traced. to ancient Greckpilosophy, and it wan advoated in erly timer by the English philowpher Losks and the later philosopher Monteeguiew and found ite prucicnl expression ‘Consttion of the Unived States, The political lnwn of the ie ofthe Philippines are infienced largely by the United politi laws, hence, tho Philippines folows the republican ‘democratic yeiam of the United Staten, The wow of the ration of powers ie posited on the existence of thre ditt dons of jovernmont, the logalatve, executive and juical ons, ene the uavicion that thees functions should be kept " narderto preven the contrition of tow auch power 2.2, Court Defined. A court ie defined as an organ ofthe snment, longing athe judicial department, whore fancli o ‘pplication of laws to controversy brought before i und the lie administration of justice (Blacks Law Dictionary), 2.3, Judiciary and the Supreme Court Distinguished. ‘The judiciary composed of courte organiza inta four level. At the Hop of tho judsal ladder ie tho Supreme Court, Ie eften called as the “Court of Last Rosart” sine decisions and resolutions issued by 4f with finality may no longer be appealed. Metropolitan ‘Thal Courts, Municpal Tvl Courts, Municipal Tvil Courts in Cee snd Municipal Cucult Til Couree comprise the Rect lve ofthe [dciary. The Regional Trial Courts occupy the second feel whe he Court of Appoula end the Spreme Cate oozpy the tind and48 LEGAL RESEARCH & BIBLIOGRAPHY © Ne Po fourth levels, respectively (adapted fom hepliww.supremecourt. ov phat), 24 Supreme Court and Department of justice Distinguished. The Supreme Cour heads the ficial branch of {governmont while the Deparement of Justice isa department under the exeetive branch, The Supreme Court haa supervisory power ‘overall rial courts, the Court of Appeni, the Sandigan the Court of Tax Appeals. The Department of Justice, on the ether hand, has superviory power over all prosecutors and public defenders, the National Bureat of" Investigation, Buren of Immigrtion, Board. of Pardons and Parle, and Bureau of Corrections It heres supervisory pomer with the Department af Inerigr and. Local” Government’ over the Bureau of Management “and Penology (adapted frome pir supremecourt.go.ph! fash), 25, Bar and Bench Distinguished. Tht Bench, which ‘riginally indicates the seat of judgen ame to denote the ody ot jos taken callectvely- On the other hand the Bar rere fo the Aggregate of Inwyere wows natn are included in the Rell of ‘Attomays of the Supreme Court. The Supreme Court administers the Bar examinations and likewise monitor the stato of the Bar (adapted fom htpitwwsupremocoure gor pt fag ht. 26, Jurlsprudence Defined. Jurisprudence refers tothe plhilsophy of law, or the ecance which teate of the principles of Dostivo law and legal relations. Ar suc, frefor tothe agaregate of Aecisions iasued by the Supreme Court which now form pert of the legal doctrines cf the Iand. (adapted trom ‘tp eupremecourt gop faa te) 21. Judges and Justices. Judges are the presiding ofcers ofthe lower tial curt and these include the Mnicipel land City Courts the Regional Trial Cours, and the Shari Cours, [tthe appellee court level, the judicial aficers are called justice, ‘Justis are the jadical offoors of the Court of Appetly the Sandiganbeyen, the Court of Tax Appeals, and the Supreme Court ofthe Philippines, 2.8. No Trial by Jury inthe Philippines. Th Pilippines felows the civil stems whore there i no Jury tral unlike inthe ‘commen lew countries like the United States of America and United In the adversary procedure af the Dis ae eddreased erally to the oust and presnted toi orto the Jury. Muricipal Tvil Courts The next higher 1 Teal Courts, and thon followed by the Ce i the Sandigenhayen and tha Court of ished by the Judiciary Reorganination Act of ook act on January 1 198% and ot sed May 2007 with light modification & Hierarchy of Courts inthe Philipines The hy Cats the Pipes —— (CHAPTER 3 - JUDICIAL SYSTEM 49 somanon_ law, the evidene Is of Courts in the Philippines (Hierarchy of Courts) Ther are four levels of courts in the Philippines. The lowest. courts are the eure of Appeals or Appeal The lathe Supreme Court of the Philippine. The Doctsiag of Decisis inked tothe Hisrarchy of Court ‘The following are the courts inthe Philippines as 1980 (BP 129), cher laws, The ing inftrmation is culled rom the Supreme Court Web Sits |50 LEGAL RESEARCH & BIBLIOGRAPHY © Ng Po 8.1, Municipal and City Courts. The Municipal Teal Court (MFC) and Municipal iret Trial Courts (QMICTC) tr found in the municipalities ofthe Philippines. The law provider for 436 MTCs and 482 MCTCS. Ifthe court covers on (1) municipality, tie called Municipal Trial Cour, and ifthe court cover two @) oF more ‘nicislite, te called Maniipal Cet Tri Cour. “in Metropolitan Mania, the equivalents of MTC are called Metropolitan Tvial Courts (Metro TO) and in the cities outside Metroplitan Manila, the cours are ciled Municipal Tl Courts In ites QUTCO) There are 2 Metro TCs and 124 MICCS (Source ‘Supreme Cour) al Trial Courts, ‘unicipl Tl Court TEV 3) ‘anicipal Tal Cour in CoaATECY Sebati ies olice Me 5 DIFFERENT MUNICIPAL TRIAL COURTS 4.2, Regional Trial Courts (RTC) (Formerly known as the Court of Fiest Instance or CFI) The law provider for 720 TCs. The Philippines is divided into 19 regions = the National Cepitat Region (NCR) and Region Ito XIL In thse regions are found’ many RTCs to which decided cases coming ftom the MTC, MCTC, MTCC and’ MetroTC are appealed. In addition, RTCs ‘xerite exclusive and original radon in ll eriminel eases not ‘within the exeusive junsdietion of any court, tibunal or body Sicept thove now falling under the exclusive and concurrent Jurisdiction of tho Sandiganbayan which sre tekan cognizance of by the Sandiganbayan (Soc 20, BP 129) ‘As to juriadicton in civil caste, gonorally, they exercise exclusive eriginal riedction in ll civil cons in which the aubject igi The ere Fons af nical Tal Coase Pips (CHAPTER 8 - JUDICIAL SYSTEM a rgntion is incapable of pocuniary estimation (Sc. 29, BP rare: Supreme Coit) 133, Shari'a Courts. In some provinss in Mindanao where nis Code on Personal Laws is enforced the law provides fr F'n District Cours which are equivalnt in rank to the Tre Court in rank end for 1 Shara Cirelt Court in cpalitin equivalent in rank to the Municipal Civ Tal (Sour: Supreme Cour) 84. Court of Tax Appoals (CTA). This is the court of ied appelat juriedicton which has the exclusive appellate Surisdiction to review by appeal the decisions of the. Commianiner, of Tnernal "Revenue and the Commissioner of "Customs, ‘on certain matters. (RA 1125, ergating the Court of Tax Appeal) RA 9282 fsmendod RAII25 expanding. the Jurisdiction of the Court of Tax Appeals elevating its rank tothe level of ‘2 collegiate court with special jridition and enlarging bers It snow composed of Presiding dustcn snd ve (© ite Judges. Section 1 of RA 9242 provides “There ts hereby ja Court of Tux Appeals (CTA) which shall be ofthe same ts the Court of Appoal, poasesing all the tahorent powers of of Justice, and shall cone of Presiding Justice and five Acsociate Justices. The incumbent Presiding Judge, and Judges shall continuo in fice and bear the new tee of fding Justice and AssuclateJuetioos” Ite membership enlarged one (1) division of three sudges to two (2) divisions af three ees each. Tt oquired both the original and appella dictions ovr civ and riminal tax aso tyolving the National nal Revenue Code, Tariff end Cortoms Cade and the Lac ernment Assessment Code (Source: Supreme Cou). ‘The ecpanded jurisdition transfered to the CTA. the ction ofthe Replnal Trial Courts and the Cours of Appt 3Fsatere involving criminal violation and collection of rovers der the Natonal Intarual Revenue Code tad Tariff and Custom ae: In adtion. it also scared jslaiction over cases volving al and real property taxea which aed to be with the Regonal52 LEGAL RESEARCH & BIBLIOGRAPHY ©Ng Po ‘Trial Court and the Court of Appesia (htpta supremecoun. (ovat legal sia ph, 35. Sandiganbayan, The Sandiganbayan is "raft court” which as exclusive juradicion over wilations of the Ants Graft tnd Corrpt Practices Act (RA 3019), tr amended, the Unexpiained ‘Wealth “Act (HA i870) snd other offenses or folios committed. by pull offciale and eeaplyees ia Frinton to. their offen, including those” "employees In government: ‘owned or controlled corporations, It ‘has exclsive jrisdtion im all cnsos ‘where the penalty prescribed by law i"more than ak (years {imprisonment or fne of P6000 00 hav als appallatejuredction over the decisions ofthe MITCs and RTC In cases ofthe same nature where the penalty preseribed by law it de (Gh genre ce lew of impeimomect and = Eve of lve than 6000.00 (PD. 1606, as amended). ‘The decisions of the ‘Sendiganbayan are appealed to the Supreme Court “The Court ie composed of Presiding Justice and fourteen (1 esacate Juries, divided into 8 divisions, with 8 justices for teach division. The Prosiing Justice has the rank ofthe Preiding ‘Tustie of the Court of Appeals and the Sendiganbayan associats jute that of an easoiate justice of tho Cour of Appeals (Source ‘Bupreme Cour) 186, Court of Appeals (CA) (Formerly the Intermediate Appellate Court or IAC). Appeals on the decisions of the RTC, ‘quasljdiia agence, board or commosons are generally brought to the. Court of Appeal In proper casey, the Alecsins of the Court of Appeals can be appealed to Supreme Court ‘There is one (1). Providing ‘Tustin and ity (0) Associate Justices distetbuted Q into 17 divisions, with 3 justine foreach division (Gee 7, BP 129). On December 30, 1996, RA. No. 18246 created alx (6) more divisions in the Court, thereby increasing its membership from 51 to 68 Sustees (Souree: Supreme Cour), (CHAPTER 8 - JUDICIAL SYSTEM 53 conting to Presiing Jute Ruben 7, Reyes "The Cour af Appeals now reviews not only the ions and. orders ‘of the Heplnal “Trial Courte pnwite, aswell a the award, jement, fina ondere pecoltions of, or suthorzod by 21” QuasiJudiial Joe exercising quae judicial fenetionstnetioned in 45 of the 1997 Roles of Civil Procedure, plus the al Amnesty Commission (Pres. Prolamaton No ‘of 1000) and Office of the Ombudeman (Fabian fern, 298 SCRA 470). Added tothe formidable lt are ‘ecbions and remnbtions of the. National. Labor lations Commission (NLRC) which are now inially wale by this court, instead of «diet cour to the iprome Court, via petition for vertiorart under Rule 65 ‘Martin Funeral Homes. NLRC, 206 SCRA 414. “The only Temeining government — agencies ering quasi judicial fonctions, whooe decisions ard I reautione are directly appealable to the Supreme ‘tp the Commission on Elections (COMELEG) and > Comniston on Audit (CON. 127. Supreme Court. The Supreme Court ie the highest court ofthe land and ta componed of « Chie Shustice and 14 Associate Justice It ay sit en bane or at its discretion, in divisions of Sar? Members, At presents there sre 2 divisions fhe first, second, and Ud visions, The Supreme Cour ean aaa sit “Bn Bane” (Sour Sapreme Court). Tho. juradietion ‘ofthe ‘Supreme Court wil Be diacuoed later 4.8, Time Frame for the Courts to Decide Cases. there prescribe timeframe fo the dacion of ces, Cases fled with Supreme Court must be resolved withia 2¢ months fom the ‘of submission casos with all lower collopiate courts, within 12 th; and casos with all other lower court within three month pod from hp supremecaur.gv pf ha) Jurisdiction54 LEGAL RESEARCH & BIBLIOGRAPHY © Ne Po (CHAPTER 5 - JUDICIAL SYSTEM. 55 acto ot matter in dispute. Concurrent jridition ie tht, fay be cntortained by aeverl sours Tein a rule that in cases nt jurisdictions, that which is rt sized of the case itt the excluslon of the ether. Concarrent jsedieton in is ay be entertained by several cours Teiserule tat in onauren! jurisdictions, chet which ie fire alse of the tayit othe escasion of the other (Leclawecom, 2007) ‘ct inn case (Gubat, 2000, Jurisdiction isa power constitutionally fonfored upon a judge to take cognizance of and decide causet Sccording to low and to camry his sentence. into execution (Cetin om, 2000, 42, Territorial Jurisdiction. The tract of land or district within whi a judge he ariaditon, ie calle hi eritory an his ‘ower in relation to his teretory is called his teeter jurdition, sory act of urindiction exerened by a judge without bis trritoy, sither by pronouncing sentence or carrying into exec, is al ‘An inferior court has no juridiction beyond what is expresely Alogated Lectlaw.com, 2007. 4.44. Civil v. Criminal Jurisdiction, Jurisdiction i evil usec mater tobe trode ot of eiminal ature ot ‘where tho court is to. puiah crimes Regional and Tel Courts have Both ii an criminal urtaditon, 43, How Jurisdiction Is Aequired. Jurisdiction of the edicton ofthe Supreme Court court over the plant or pettonar is sequined by the filing ofthe 3 amplang, petition, oF initietry pleading before the court by the Dlaintif or petitioner (Personal juredetion. ‘Judie of the court over the defendant or repondent is scquired by the voluntary appearance by the defendant of Fespondent to tho cour or by service of summons. “urisdition of the court over the subject matter ie conferred, ‘Aa sited in the 1987 Constitution, the Supresse Court "has 5 to review, revise, revere, modify. or nfirm on appeal or ss the lew or the Beles of Court may prove, inl nts and orders of ower court in (@)Alleasee in which the sonetittionality oe validity of any treaty, intorationel or executive agreement, lam, praidotiel decree, proclamation, eden, instruction ‘rcnaneo, or rogulatio ian question J) ‘All exsee involving the legality of any tax, import, festement or al of any penalty imped in relation (@ All sacs in which the jurisdiction of any lower cout is in (@ AU ciminel cases in which the penalty imposed is ‘acluson prpetua or higher, (oi toy whieh only an coro queton of aw bylaw. Juieiction ofthe court over the res (thing) ix acuired by constructive seizure (Regalado, 1897). 44. Classifiention of Juriediction General v. Limited or Specific Jurisdiction Gonoral “Jurisdiction. refs to the powor to. adjudicate all fntroversies except thove expressly wiliheld by law. Limited oF Specific Juradeton refers tthe rearictod power to adjudinte « pareicular cave and subject to such limits ex may be provided by aw 5:1 Original ‘S11. Balusive 5.1.11, Potitons fr iasuanes of writs of crdaras, robibiton and mandame ‘gaine the flowing BALL11. Cour of Appeals 5.11.12, Commission on Etections 51.113. Commission on Aut S.LL14 Sandiganbavan 51115. Court of Tex Appel 442. Original v. Appellate Juriadiction. Original Jurisdiction ie gven to cours fo take cognvance of cases which may ‘Jurisdictions the jurlodicion which a superior court es to bear Sppeals of eautes which have en tried in inferior courte. Te ifere fom original jurisdiction, which ie the power to entertain atte Sntiated inthe Girt instance Lactlaw.com, 2007. 448, Exclusive v. Concurrent Juriadition Exclusive irediction fe that which has alone the power to try or datermine56 LEGAL RESEARCH & BIBLIOGRAPHY © Ng Po 12. Concurrent Bat size "With Court of Appeal Petitions fr iauancs of wit of cutioran, prohibition and ‘mandamis agsna tho following S21 Netional Labor Relations (Commission under Labor Code; ee of Betas Big. 129 a5 amended by Rep. Act No. 1902; St Martin Funeral Homes. NLRC, 966 Phi {1 (008), Under the principle af hierarchy of courts, the petitions should frat be Bled with che Cour of ‘Appeal. 511212. Civil Service Commission (ep. Ac No 702) S119, Central Board of Astotsmant Appeals. Pres. Decree No. aot Sec, 9 of Batas Big. 129, mended by Rep. Act No, 7902) 51214. Courtof Tex Appeals and Gunsi-Judicn! Agencies (ule 43, ule of Civil Procedure (189%). 5.1215, Regional Trial Courts end lower courts With Court of Appeals and Repianal Trial Courts 5:1.22.1, Petitions for habeas corpue and quo warranio 151.222 Petition for emuanee of wits of certorer, prohibition and ‘mandamus against te lower courts Sr bods, (Soe 83] and See 20 [1] of Bates Big 120; Vergara u Sulio, 156 SCRA 763 1987) With Regional Tre Courta 1.2.1. Actions afeting Ainbaaredors and other public ‘ministers and consul (Sa. 8) ‘Article Vill, Constittion, See. 21 2) of Bates Blg 129, Schneckenburger& ‘Moran, 68 Prit 2491987), CHAPTER 8 - JUDICIAL SYSTEM 87 1.2.1 By Notie of Appeat From Regional Trial Court ortho Stndiganbayan in all minal eases involving offanses fr which th poralty imposed is rctusion porpeta, ifs imprisonment cr reluston perpetua to ath, thove involving other offenses which, slthough not so punished, arose out othe ‘same cecurrene o which may have beer ‘ommitiod by the nore on the same ‘renion (Se. 17 of Judiciary At of 1848 Sec. [8 of Betan Bg 12, See O(2), Article VIL, Consittion; Se. se of Rule 12, Soc. § of Rep. Act No. 8249) Hacepion: ‘See Pooplev,Plateron, 83 SCRA 401 H978), 52.2, By Automatic Review ‘rom Regional Trial Courts or the ‘Sandiganayanin ermal eases whero the death penalty is imposed Rep. Acts No 17859 and 824; Seo Sco. 10 of ule 122, Rev. Rules of Criminal Procedure 2000) 5.2.3, Patton for Review on Carton 5.2.3.1. Appeals from the Court of Appeal (Gee. 17 of Judiciary Act of 1948 a tended by Rep. Act No, 6440; See 2} Article VI Constiation: Rule 45 of Rules of Civ Procedure (1997) ‘52.2 Appoal rom the Sandiganbayen on Pre quetions ofl, excapt cases where the penalty imposed i eluson perpetu, life imprisonment or death (Se. 7 of Pes. Decree No. 1606 as amended by Rep. Act No ‘240; Nance v. Sandiganbayan, 111 SCRA. 499 {1982) Role 4614) 52.33, Appeals from Regional Tiel Court ‘verisngerginaljuiedition ia the folowing cases 5.29.31. 1 ao question afc is involved and the cate involves 1 Constittionslty o validity treaty, international or executive agreement, law58 LEGAL RESEARCH & BIBLIOGRAPHY © Ne Po residential decree, roclametion, ord regulation 1 Lgl af as, impo, ‘svenments oral of penalty in relation thereto, and . Streditin of lower court 15.2..32. Allease in which only trrosor questions ofinw are fnvelved. Sex [2b and [Atcie VI, Consieaion, See 98) of Bates Bly 120), Rule 48 and Se 2} of Role 1 ofthe Rules of Civil Procedure (1097), Se. 3) of Rule 122, Rev. Ralos of Criminal Procedure (2000) 5.2.4. Special Civil Aton on Cortioras fled within thiny days: ule 64 Rules of Chil Procedure tisen) 152.41. Commission on Elections (See. 7, ‘Artisle IA Conetitation:Aratue s. Conalee, ‘aescRA 251 (970) 5.242. Commission on Audit Constitution) Source: Revised Outline of Juradition by Justice done ¥. Feria, July-September 1999, Pilja Bulletin, as cited in the 2002 Revined Manual fr Clerk of Cour. 6 Supreme Court En Bane 6.1. Bn Bane Defined. En bane means “in the bench” “full bench’ It refers ta a seesian where the entire membership of court wll participate in the decision, The Supreme Court now mnty ‘it En bane or in thos divisions. A decision or rang iesued by « Avision af the Supreme Court has the ame cuthorty as that issued by the Supreme Court En bene By sitting in divisions, the Supreme Court further inreanes ita capecity to dispose of casos pending before (adaptd from htptirww supremecour gov phi fat). CHAPTER 8 - JUDICIAL SYSTEM. 59 62. Fn Bane Cases. Undor Supreme Court Cirelar No 2 re woh referral iw made, the Court en bone tay ether the cove oF return the sume tothe Division, dapending pon taal ar legal backdzop ofthe controversy I the Reclution ofthe Court dated November 18, 1988, the cau are cnaidered as "en ban cases o those that may sd tathe Court en bane ‘62.1.Casos in which the consitutinaity or validity of eny ‘wat, Interntional or exeetive. agreement, law, ccnecative order, of presidential decree, pocamtion, trier, instruction, ordinance, or roqulaton is in ‘qations (62.2.Criminel cases ir which the appealed decision imposes ‘he death penalty; (NB. Death Penalty Law repealad 62..Ganee raining tovel queens oa, 62.4Casee affecting ambassadors, other pubic ministers ‘rd coma (4.25.canen involving decisions, resolutions oF orders of the iil Service Commission, Commission es Eesti ‘Commission on Audit 6.2.62e5ce where the penaly to be impoted is. the ‘luminal of a jodgo, officer or employee ofthe judiiay, Alibarment of lawyer, or either the suspension of en of'them for a peviod of mare than one () year or fie ‘exoding P10;000.00 or bath: .2:7.Caves where a doctzne or principle Ind down by the ‘Court en banc or in division may be modified oF {62.8,Cases assigned toa division whieh inthe opinion of at leet three @) members thereaf ment the attation of the Coure en bane and are acceptable to & malty of {he actu membership of the court em banc and 2.0. other eases asthe court en ban bya majority ofits ‘actual membership may doom of sllient tmporsance 53. Supreme Court En Bane is not the SC Divisions. the case of Charles Berard H. Reyes, Bic, v. Antonio fulo Bade Tet al [OR No. 166984. September 6, 2006), the Supreme Cour oni decision or reclutlan of a Division af the Court, [when consured in by 4 majority of ie Members ws Appellate Court60 LEGAL RESEARCH & BIBLIOGRAPHY © Ng Po sctwally took pat in the deliberations on the issues in & fase and voted thereon, represent the decisions af the Supreme Court ital The fall Court isnot an appellate ‘our to which decisions or resolutions af a Division may be “appealed To accept the referrelof this case tothe Cour en Bare would be to entertain an appeal from decison of the First Division. Thi, we canna allow G4. Direct Filing with the Court En Bane While ‘Appeal la already Aled with a division ix Forum Shopping. In DeLeon u. Third Division ofthe Supreme Court (0.R. No. 164046, July 20, 200), the Supreme Court sic ‘The’ Court will not. countenance petitioners tempt wo obtain another appeal ofthe Court of Appeals? fecision im CAGH CV No. 64264 in the guise of the present Peon for Certiorart. A ocond. appeal i not lowed under the rules of procedure. Nelther isa petition far coniorari available as @ remedy under the Rules for fusing the decision ofthe Court tell. "What petitioners could have done, assuming the recourse has merit was to Ble withthe Third Division ‘motion to elevate the matter t the Court En Bane before the ateiled decision or revolution becomes fal and executor If 8 least three (3) members af the Tied Division are convinced that the cage merits the attention fot the Court en Bone they may rfer the ease en consul thereto. The Court En Bane wl then conser the reson ‘Sted by the Division for the referral and, by a majority ‘ote of te actual membership, wil either accept the case for decision or resolution or return the cave tothe Division ‘The direct fling of tho present petition withthe ‘Court Bn Ban by tel constitate orum-abopping orun-shopping ia"the filing of repacious sit in Afferent court” Tis sommited when, as a result of en ‘tdverse opinion in one forum, party seeks favorable pinion (ther than by appeal or cetiran) in another, of when” party srpetiuvely avails of several judicial Temedies in’ diferent courts, simtltaneously or uccesively, all substantially founded on the same transactions ‘andthe "sume esventil facts and fircumetances, and all ruling substantielly the same {srues either pending i, or alway resolved adversely, by tome other court. (CHAPTER 3 - JUDICIAL SYSTEM. 6 The present petition undeniay invalves the samme yansacons, fects end ercumstancee which gave ree fe canroversy. in Gik. No. 160050" and. Tales istantaly tho ane ince already passed upon by the ure in that case. Moreover, the veaation of the Court 85. Supreme Court Resolution, Suprome Court Circular 89 (Guidlines and Rules in the Referral tothe Curt En Bae 2s Assigned to.a Division), which sates thet ° decision oF tion of « Division of the Coure, when concurred in by ¢ iy of it Merabere wh actully tak part n the deliberations es insues in ecase and voted theron, and in no ease without concurrence of at lent threo of auch members, isa decision of futon af the Supreme Cour 88, Supreme Court Minuto Resolution, Te Supreme ist cmpeled adopts dafiste an stringtt rae on how judgment sal be Gamed The Supreme Court bas daceton sththe a “intersted be wedi le of fl m denn in any Parlar ete, Alsat’ eslton ef neal of tption ‘or review ot eran eottutr at tion o te merit of the cntoversy tr ric mater ef Penton (Sith Bell and Company Phippne), Inv: Cort of peas 19 SCRA 201 (1093), sw roglrmen fe proces the para toa gation be informed a how it wes eed fn expleration of he facial and Iga eens that ote one of be court (Neos Indu Corp. Cours Apes SORA 1 (ey Gove 30 Revit Manan for Cao Jurisdiction of the Court of Appeals ‘The Cour of Appeals shall exerces ts adjucatory powers, nctons and dutiae through its seventeen (17) divisions set on62 LEGAL RESEARCH & BIBLIOGRAPHY © Ng Po ane for the exercise of administrative, ceremoniel snd non sdjodiatory functions [Revised Internal Rules of Cure of Appa ule 2. Seo. 1. Upon implementation of Hep. Act No. 8246, there shall be twonty-three 23) Division in the Court of Appeal. [Rep ‘Act Nov 8046, ace 3) 11, Matters Cogaizable by the Court En Bane ‘The Coure shall at en bane to TLL Promulgate "rules or orders relative to the ‘organistion or reorganization of the Divisions of the (Court and assignment of the Justices, detribtion of cases, and other mattore concerning the opertion tind management ofthe Gout andor is Divsonn, 7412, Recommend to tho Supreme Court the appointment of the Clerk of Cour, Ausstant Clark of Court Division Clerk of Court and Court Reporter ‘Acton administrative matters, such as the regrouping, merger, oF ablion of ex fnctons of one afc, unit or servic, to ane ae the exigencen ofthe nerve ony require subject fo the approval ofthe Supreme Cour; 7A. Receive foreign and local dignitaries, important guests ‘hd vistors honor «slleagse or retiring member of {he Court, hold necrologial services for its members ‘who died in office, and honor a reired member who ‘ded ater retirement LLB, Adegt wnfare odeinistrative measures, procedure, and policis fr the protection and preservation af fhe teprity of the judicial protec, the speedy Alsposition of eases, end the promotion of eMfceney of the personnel; 716, Discus and thresh out divergent views on any particular question of law oo aa to reach a consents Ciiteon or to. minim tf not completely road enflitof decisions ofthe different Divisions othe (Court on the nterpretstion and application of any question or provision of aw; and 7111. Take up other administrative matters which the Presiding dustce or any member may suggest for Ccuiderstin and ndtion tn it ugetda Bevioed nlernel Rules of Cour of Appeal, Ral 2, See.) CHAPTER 3 - JUDICIAL SYSTEM. 6 112. Matters Cognieable by the Divisions 731. Original TEL Bucuey Acton for annlnent ot Jdgmente of Replonal Trial Courts (ates Bg. 29 ee 92) 12.12. Concurrent 121.21. With Supreme Court ations for issuance of write of fertiorar, "prohibition "and, ‘mandamas ngainet the following 4 National "Labor Relations Commision under Labor Cade, (Batas Blg. 120, So, Gas amended by Rep. Act No. 1002;"St" Martin Funeral Homes. NLRC. GR No 180868, September 16,1998), Under the principe of hierarchy af courts {he ptt ald bo ed wth = Cour of Appel 2. Civil Service Commission (ep. Act Ne 00) © Central” Bourd of _Asgessment Appeals. (Pres. Decree No, 464, tas Big 129; nc, us amended by Rep. Act No, 7903) 4. Court of Tex Appelt and Quasi: Sudicial Agencea” ules of “Cr Procedure (1997, Rule 148) © Regional Trial "Courts tnd lower 12.1.2 With Supreme Court end Regional ‘Trial Coures "Petitions for habeas corpus and quo Potions for issuance of writs of Series," prohibitin "and mandamus against the lower courte or bodios.(Bataa Bip 129, See8 (1) fand Sec. 21 fi Vergara v- Suto, 156 SCRA 768) 12.2. Appellate 7221. Writ of Berar64 LEGAL RESEARCH & BIBLIOGRAPHY © Ng Po Cours 1. Appeals fom Regions! Tvl ‘xcept those appealable to the Supreme Court 12212. Appeels from Regional Thal Courts on exmaittionl, tax, reditional one involving questions of fact which Should be appealed fist to the Court of Appeals “Gudicary Act (948) see. 17 Subperagraph of the Ath paragraph as fimended. which war net intonded to. be feladed'by Bates Big 128, See. 9” (5) 1.22.13 Appeals from decisions and orders of the Femaly Courts (Rep. Act No. 8389, Se, my Petition for Review 72.221. Appeals from the Civil Service Commission (Rep. Act No. 7901; Rules of wil Proceiure (1997), Rule 43) 12222. Appeals from Regional Trish (Cours in cases appoated from Metropolitan Tris! Courts, Mumiipal Trial Courts and ‘Municipal Cicuit Teal Courts, which are pot n matter of right (Bates Big. 125, Sex 129; Rules of Civ Prooadure (1997), Rui 42, Bale 122,'Sec. 3 [b) of the Rev. Rules of Criminal Procedare {20009 12225. Appeals fom Court of Tax Appeals snd other ques uicial agencies, sack as ‘Gonteal” Board of Anssament Secuitios and “Exchange Commission Ofc ofthe President Land Regitration Authority Socil Security System (Chil Aeronautics Board Intellect Property Ofc formerly Bureau of Petts, Trademarks and Teennoogy Transfer) Nation Blectrifeation nergy Repuletory Boned (CHAPTER 3 - JUDICIAL SYSTEM. 65 i. National ‘Teesommenicatons CCommietion 1 Depnrtment of Agrarian Reforan q under Rep. Act No. 6887 1. Government Service Insurance ‘Syotere sm. Employese Compansstion Comision 1. Agricultural Inventions Board © Insurance Commieson > Philippine Atomic Energy Comtiaion 4 Born of investments Construction Industey Arbitration 5 Voluntary arbitrators aushorizd by law Gus of Cl Procedane (1907), Rule 43) 122.24. ‘Appeals from the National Commission on Indigenous Peoples (NCI?) (lap. Act No. 6371, Se, 67) 7222.8 Appeals’ fom the Office of the Ombudsman in administrative dsp ‘uses. (Torsita G. Fabian v Deserta aly 296 SCRA 470199) ‘Source: Revced Outline of Junedcton by Justice Jou Y. uly-September 1869, Phija Bulletin, as eted in the 2002 Mans for Clerk of Cour. Jurlediction ofthe Sendiganbayan 41, Exclusive Original Jurisdiction, (Pres, Decree No ss amonced by Rep. Act No, 7076 and Rep, Acs No. 8249] The liganbayas exercises exclusive criginal jualin in ll Coss ‘B11. Violations of Rep. Act No, 9019, as amended, otherwise known as the AtiGraf end’ Corapt Practices Act Rep. Act No. 1979 and Chapter Il, Sec 2, Tale Vil, Book TI of the Revised Penal Cove, where ‘one or more of the accused are offs ‘ccupying the following postions inthe government Whether in a permanene, acting or intertycapacity, {tthe time a the commission of the efens:66 LEGAL RESEARCH & BIBLIOGRAPHY © Ng Po fn xc rch spying the’ positions “of segonal ditelor "and. hore ‘thorwioe cies rade "27 and higher, of te Compensation and Postion Chsnieation At of 1869 ep, Act No, 6756, peically including Tia Peoineal governors, vice fe, omba o seraelg Jnlawigan and" provincial” teesnuer conse, nainers and other provi ‘eparent heed BENE ier mayors, vice mayors, tmembers of the sengruniangpanlungood, Gg treenrere, aoottcrs, agers and ‘tery depart heads SETS” Otis of the @plomatic service ‘capying the potion of ons snd higher STIR" Phikppine army andr ce ‘loel naval cptaina ond all ther fers St hirer ren SLES. Otero the Phiipping National Folie while ecupying. the postion “of provindaldrecor and those Holding the ‘Finkel erner vaperntenderte highs STLGS Cy and provincial prosecutors Sod their csntanth, snd faa ad Brosector inthe fie of he Ombudsman Sia Specal Pronto and SURE Prosdens directors o trstes, ot Sanagers of gvernsenowned or cntabod ‘atlnal nattins or foundations 41:12. Members of Congress and file thereof Sleaaiied as "grade “PP end up under’ the Gompensation tnd. Porton Channon Aet of Sono ep. Act No. 6768 ELS Mem th dey without prin tothe provisos ofthe Constitaton SLE" heimnen and members of the Constational Commissions, withost.pejion ta ‘So proven of te Contsons nd ERPS AI ether national and lsal_offiale emiod ae grade “ZT” and ‘higher under the 81.14, Off (CHAPTER 8 - JUDICIAL SYSTEM 67 Compensation and Position Clasifiation Ac of 1980 ep. Act No. 6788) {412 Violation of the Law on Plunder (Rep. Act 7080) and the Anti Money Laundering Act of 2001 (ep, Act 160) "commitied by plc oficers and peivate Parsons tho are in conpiasy with such public sors 418. Other fenton or felonies whether simple or fompleced with other snes commited bythe tforementioned. public ofals tai employees ie elation thet of 24 Gil and Criminal chen Sled puruant to and in ‘connection wth Exsetie Orders New, 3 and TWA ined in 1985, and 15, Petions for the ieovace of wits of mandamus, brohibition, crtiorer, habeas cou, tnunetion and ‘ther ancilary write and process It id ete ‘ppelate juraditon and over petitions of smile ‘ature, ineluding qua tarranto, ting o tat me? frce in cnsen filed or which may be fod under Executive Order Nos 1.214 end ¢A ‘srued in 1986: Provided, That the jradeton over thane Bettione shall not be eaclunve of the’ Supreme Sour In caso private individuals are charged as co Brincpala accomplices or acensrie with the public oficers fr exployees, including thowe employed in government owned or controlled corporations, they shall be fied ty ‘wth eld public ofcare and empiayere in the proper courts ‘Which shall earls exclusive jrludction aver them, [ap et Ne 8240, ae. € (0, par, ‘Any provision of the law or Rules of Court to the contrary notwitiatanding. the eine! ation andthe Corresponding iil action for the rocvery af cil Labiity ‘Sal wall tis be smoleancously inaiated with and Jointly" determined in, the same’ proceding” by’ the Sandizntayan or the nppropiate court, the fling’ the ‘imina action being domed to nceeourly cary with tthe ‘Binge tho evi ection, and no righ to recerve te Eling of such cil ection separaaly from the ciinal ation shall be ‘eognaed: Provided, however, That where the cl ection tnd heretofore boon led separa but judgment therein ‘Mano: ye oon rendered, sn the imine cas hereaer68 LEGAL RESEARCH & BIBLIOGRAPHY © Ne Po Sled with the Sandiganbayan or the appropriate court, said ‘vi action shall be transfered tothe Sandigantspan x the Spproprate court ns the easo may be, for consoldation and Joint determination with the criminal ation, otherwise the ‘separate civil action thal be deemed sbandoned (Rep. Act No a2, eee. (00 pat 6) 2, Exclusive Appellete Jurisdiction. The Sondiganhayon exercises easlanive appellate jurisdiction over ‘appeals from finl judgments, reaautions or orders of roponal tial ‘Sure, bathe ithe verte of ete owe origi farecicon or fof thee appellate juriodiction, in cases where none of the accurod fre occupying. postions corresponding to salary grade "27" or Iigher, of miltry snd Philippine National Police (PNP) offers mentioned in See. 4 pur (a) of Pre, Decree No 1606, ss amended ‘Source: Revised Outline of Juridietion by dustie dove ¥, Feri, July September 1998, Pilja Bulletin, as cited in the 2002 ‘Revied Manual fr Clerk of Cour. 9, Juriadiction of the Court of Tax Appeals 9:1, Bxclusive Appellate. The Court of Tax Appeals has xclasiveappelatsradction to review by appeal, he flowing SAEZ" Decline ofthe Comstasioner of Internal Reverwe invcaes ivlvog Snpoted seesnment, refunds of internal revenue. taxes, fect of other” charge, Perales imposed in relation thereto, or other aware arising under’ the "National Tateraal Revencn Gris or aioe law or part of lew ‘Administered bythe Bureau of fternal Revenue 912, Decne of the Comtatioer of Cutts i came Involving aby samo en, fe er ‘Soouy argos; ssc, detection or sleasa property fle fine, fofeleures or ther penalties Inpowed in relation thereto: or other matter rang tier the Gasoms Law er ster nw or pt of ee ‘dminivered by the Bureau of Customs (Rep. Ack Na'tt29 0950, See 7)sand $11.8, Desnions of the Seretary of Finance, such asin the portion of dumping or countering duty [Pant ‘nd Cumtoms Code, Sec. 201, a» amended hy Pre. Beeree No. 1464 (1970), and in automate review, teen where nich decion of the. Secretary of (CHAPTER 8 - JUDICIAL SYSTEM 69 Finance is adverse to the taxpayer (Tarif and Customs Code, Seu 2919), 2 Tae appellate jurisdiction ofthe Cour of Tex Appeals to he decisions of the provincial preity Bours of Asstoneent in caste involving the navenument and taxation of al (r other matters ising under the. Asvessment Law, ube and regulations relative thereto [Rep Ace No. 1126, Sec, 10], as been tranafrred to the Central Based of ent Appels pursuant to Pres. Decree No, 76 (1972), Pres. io, 34 (1974 eal Property Tax Code): and Rep. Act No, 1902) Cea! Governm Repert for Calendar ‘Court on May 8, 2003, page 2 298. Judgments o Sins orders of tho Court are appallable CCour a Appeals within fiteen (18) daye from nate of the jnt_oF Baal order or Teeaution or from the denial of the for new teal or reconsideration (Rules of Civ Procedare |, Rule <, Ses. 3 and 4){ Supreme Court resolution en bane ‘Apel 14, 1998, AM. 85..001-CTA. inue released dune 11, 04 0.6, $48 ane 1, 1998), ] Source: 2002 Revised Mansa jurisdiction ofthe Regional Trial Court 10.1. Bxclusive Original Jurisdiction. The Regional Courts exrsiseexsusive original jurisdiction in tho following 10.1.1 Actions in which the subject of itgation i incapable ‘of pecuniary estimation, 10:12, Actions which involve the tle to, oF posession of ‘al propery, oF any intareet therein, where he ssoteed value of the property inolied exceeds twenty thousund pesos (20,000.00), on for eh actions in Metro Manila, whore auch value exceeds {ity thousand pesos (P5,000.00, except actions for forcible entry and unlawfil deiner, 10.1.8, Actions in admiralty and martine jurisdiction ‘where the demand of claim exceeds to hundred ‘ousand pesos (20,000.00 arin Metro Mani ‘where such demand or elaim exceeds four hundred ‘thousand pose (P40,000.00)10 LEGAL RESEARCH & BIBLIOGRAPHY © Ng Po 10:14, Matters of probate, both testate and intestate, where ‘the rose Velue ofthe exes oxcoods two hundeed thousand “pasos (200,000.00) ur, in probate Iacters in Metro Manna, where such grote value ceeds" four’ hundred Wousund pesos {100 00.0 10:5. Actions involving the contract of marrage and marital relations (aow under the juradition ofthe Family Court ina), 10.1.6, Cases not within the exclusive jurisdiction of any court, buna, person or body exercising ud ‘ques judical functions 10:7. Gl setions and speciatprocedings falling within ‘tho exclusive orginal jurediction of the Juvenile fd Domeate Relations Coure (now Family Court, infra) end the Court af Agrarian Relations an now provided by lw: and 10.8. Other caate in which the demand, exclusive of Interest, damages of whatever Kind, attorney fen, litigation expenses and coos, oF the value of the property in controveray exceeds two hundred housend pesos (P200,00.00) or; in such other sea in ‘Metro Mansa, where the demand, ‘achive ofthe abovementioned items exceeds fat (CHAPTER 3 - JUDICIAL SYSTEM n Droperty through criminal negligence which are Linder the exclusive juradction ofthe Mctopaitan ‘Trial Courts Maniipal Tal Court and Municipal iret Trial Courts’ ireapective of the amount af te impose fine 1022, Vilations of the Dangerous Drugs Act of 1962, e& amended 10:24 Iotllectual property rights vilations 1025, Violations ef the Omnibue Heston Code, except {hoe relating tthe ofa af fai fo rgiter ot failure to vot; 0:23. Libel eases, 10227, Cases of money laundering committed by private persone, except those in conspiracy with public officers’ which fall under the jurletietion of the Sandiganbayen, 10.8, Concurrent Jurisdiction 10331, With the Supreme Court and Court of Appeals ‘The Regional Trial Courte have orginal concurrent juriaiction with the Sapreme Court and Court of Appeals in the fllowing cases 1482.1, Petitions for tssance of write of etirar, prohibition and mandamus again! lower court oF ‘Mare taut pan 400,000.00) on However, incase whee ie ci or datagram TOGUT2, Peidons for quo warrano and habe ‘cause of action, or one of the causes of action, the corpus. ‘ne mount of sich clsim shall be conadered in Atetermining the Jurisdeton of the Court 102, Jurialction in Criminal Cases, The Regional rial 10.82 With the Supreme Court ~The Regional Teal Courts ‘have orginal ‘concurront Jaridiion withthe Supreme Court in actions affecting ambassadors and other public ‘einitrs end consul, Courts exercise exciusive original jursdnion in criminal eaoee ‘ot within the exclusive jurodetion of any cour, tual, or ody, These include: 102-1. Offenses punishable with imprisonment exceeding sie (6 youre ireapecive of the fine, exept those falling within the exclusive orignal juredction of the Sendiganbuyan where the acrused are occupying pasitions corresponding to selary grade "27" and igher| 102.2, Criminal ceses whore tho only penalty provided by Jaw ise fine” exceeding four Chousend pesos (4000.00, except fences involving. damage to 104. Appellate Jurisdiction. The Regional Tvial Courts ‘opiate “Jurisdiction over ll. catee decided by roplitan Trial Courts, Municipal Tval Court; Municipal Tal wrt in. Cioe and Municipal Crcit Trial Courts, nt tpectvetratarial jurado, 105, Family Courts. The Family Courts shall have usve orginal jursdletion ever the flowing cose 10:51. Criminal cases where one or more of the eccused is below eighteen (18) years af age but not less than nine’ (@) Years of age, of where one oF ore of then PHY ONg Po time of the comm The otene 1052. ‘Fstone for guardianship, custody of eilsen, beat corps in relation tote Inter: 108. Ptione fr adoption of children and the rvoction Sere 108.4. Complaints for annulment of marrage, delaation mult of marrage and those relating to marital Status and property relations of husband and wie ot thee ving together under ferent status and {tgeement and petitions for dissolution of conjugal eroeahip of ene: 108.8 Becton fo suport andlor acknowledgment 1080. Summary jaderel proseding brought under the provisions of Exective Order No 208, otherice inn cote “Fey Coe ofthe Piipins” 1087. Peetins for dedaration of satus of cldren as stundoned, dependent” or “neglected cir, Petitions fr velutary or involuntary commitment ot Elton: he aepension,teminetin, or restoration of parental authorigy and ther cases cogniseble inex Pre. Decree No. 60, Executive Onder No. 50 {Series of 580) and othr elated laws 0.8.8 Peon for the conaition ofthe family home inst minors under the Dangerous Druas ‘Av as amended 105.20, Visations of Rep. Act No. 7610 otherwise known ‘he “Specal Protection of CsidrenAgenat Child Ibure, Explotation tnd. Discrimination Act imnendd by Rep. Act No. 7658 10.5.1 Gase a meric wlence aginst ~ TOGTLL. Women ~ which are art of gender based ntnce that pool or are kely to ert in al sotual or peehaogeal hero wuleing 1D women and othe forme of psi ue such at Taurring or thente and corn wih volte a tcomen's personbocd, integrity and. fretom of Tovement and TOSTTD. Children ~ which include the commission fall forms of abuse, neglect crusty, exploitation, Sfolenee and dacriminaton end all ther conditions Prejudicial other development (CHAPTER 3 - JUDICIAL SYSTEM. 8 1 any question involving any ofthe above matters should ise ass incident in any eae peading in the regular court, eld incident shall be dateraed inthat cour, 106.Special Courts AN, Hino Crmes Cases, Under Adm, Order No, 204 branches ofthe Repional Trial Court are designated exclusively to try and dre eats of Kidnapping, fotery"im band rubbery commited agunat = Sanking or Snancialinetiution, vnation of Ant CCempping Act of 1972 ts sinonded, and oer Yeinow crimes comomited ‘within their reapctive {erntorial irditons 10.62, Intailctul Property Rights Violations, Pursuant to ‘Alm Order No 0496 ssatios of intellectual broperty rights sch am but ot limitd ta, vlation SCA 1a ofthe Row Peel Cde esettting and hering trademarks trae memes o ervice ma) ‘Ax 180 ofthe ee. Penal Gade (tir competitions ‘raudulent registration of tredemari, tate names cr werviee mark freudlent Seigoation of or Std fal deception), Pros. Detrec No 'i8 (Grotetion of intelectual propery right) Pros Decree No. 67 (an Act crating the Vides. am agulatry Board), Rep. Act Nov 163, as amended (ihe Patent Law) tnd Hep. Act No. 16, a4 amended {the Trademark Law) shal be tied bythe Regional ‘Trial Gourta in accordance with the setablahed alle scheme except thoes covered by Ao Onor Ne, 11395 dated Grtaber 2, 1005 in whith ent, the Avgnated Regional Trial Courts shall continve to Sheer the provisions thers. 106. BECrelated Cases, In AMC No, 00.11.0380, the Supreme Court ineued Br Bone Resolution dated Novembre 21,2000 designating certain branches of {he Reponal ‘Trial Courts tary and die cass formenycognitable bythe Secures and Echenge Commission enumerated in See ef Pree. Decge Non S02-A "arlaing within fhe trncral Surisicdons with rept tthe National Capital“ LEGAL RESEARCH & BIBLIOGRAPHY © Ng Po “Judicial Rogon and within the respective provinces Inthe Fist o Twelfth Judicial Regions. Sec. 5.2 ofthe Secures Regulation Code (Rep. Act ‘No. #900) transfers tothe appropriate Regional Tia (Court the original jurisdiction over the flowing 1063.1. Cases invalving devices or schemes employed by, of any acts ofthe board of directs, Dusinese associates, ite alfcers or partner, Amounting to fraud and-misrepresntation which Inay be detrimental to the interest af the public Sihdor of the stockholders, partoers, members af ftewcistions or organizations registered. with the Securities snd Exchange Commission: 106.2. Controversies arising out of intra corporate or partnership relations, betwoon and’ among ockholdor, members or associate: between any of AIT of them’ and tho corporation, partorship oF escciation of which they are soeolders, members Gr amocinen respectively; and between, auch ‘orportin, partnership or anuciaton and the sate {tar an i concerns their individual franchise or ‘ght to exist ae ach ety 1063. Controversca in the election or appointment of ‘rectors, trusts, afcers oF managers of tach torporatlons, partnerships or associations and 106.34. Petitions "of corporations, partnerships or ‘asocitions to be declared in tho sat of suspension Gt pevments. in caste where the corporation, Partnership. or association possenes auficient Droperty to cover all ita debts but foreoes the Impossibility of meeting them when they reopectiely fall ve or in. cares "where the erporetion, partnership or association has no cent asc to cover te ibis, but in undor the management of » Hehabiltaton Reesiver or Management Committc. 1064, Agrarian Cates, Aden Order No, 804-90, amending ‘Adin, Order No. 60, datod July 18, 198, designatod Certain branches of the Regional Trial Cours Special Agrarian Courts whien have erginl and ‘raluivejredction over the folowing caste (CHAPTER 3 - JUDICIAL SYSTEM. ® A081. Petitions for the determination of just ompensation t landowners; and 1084.2 Criminal efenses under Rep. Att No, 6657. 10.85. Dangerous Druge Cases: Under AM. No. 008-016, carain branches of the Regine! Trial Courts were ‘devignatod as Special Courts to hear and decide all criminal cates in thelr zeapective juraditons Involving viclations ofthe Dangerous Drugs Act of 1972 ep. Act No, 6125), a8 amended, regardless of the quantity of drags involved nace: Revised Outline of Juriadiction by Justice Joe ¥. “July September 1909, Pilla Bulletin, at cited in the 2003 Manna or Clerk of Court. lcton ofthe Municipal Trial Court 111, Drignal Juraicton TET Goat aoe Se. 39 of Batas Ble 128, a tusenid by Rep” Act No. "681 prvi Cat NesropattanTinl Coup Tal Cus tt Municipal Grout al Courts shal eee ‘use oral jurado inthe alg cae Ten Gel nen, an et prosning. tna neti, nding {he gant peviionlremee in pose Cano whereof the. Persea rope, sata cr amount othe aed See ot “ured Oe handed "rue pesos 3000000) rn Meters Sere prsonal pope eva anon te Samco dwt excel To nunc {houmand pesos (200960000, ale ot Interest Gamage af whew ind Morey engin” expenac, an Sora the ‘croort a whch muse be Specialy lige Provided Tat intro Eee &nintvr Link aereys es ig esc ans tal be Srl ithe Stora he fer Provied frien Tat whar there we teveral Gator ean econ areca the tne dierent prt embeded in the Sime compne Se bgt othe16 LEGAL RESEARCH & BIBLIOGRAPHY © Ng Po 12,12, Criminal Cases Se_ 32 of Batas B mended by Rep. Act No 791, provides that except incase fling within the exclusive juriadiction of the 'Regnal “TinlCourts and” of the Sendiganbayen, Metropolitan Trial “Courts, ‘Matiipal Ta ‘Courts shall execs exclusive original juradiction CHAPTER 3 - JUDICIAL SYSTEM. n tore, iemostive of kind tuo, value br amount short Povide,howeves, That ih offenses invaving datnge Yo property trough rina eligenee hey sal ae exclusive eign juan thorn 11.29, Elston Cases 11181. Municipal and Metropolitan Teal, Courts shall have orginal and excleive Jurisdiction over i cases of inchsion ad Sccleion af wotere in" thelr semective ‘ania T1133 Metropotian or Municipal. Tria Courts aha have sslasve eign justin ver inelusion end. exclsion Cases and proteta with rrpet to Sara Secon oer 11138. Motrpotitan or Municipal Tia Courts shall "have eaclusive erga Jurtadcion orervisatons ofthe On lostion Code solating to the sense. af {allure to regster or failure to ote 1134. Munipe or Metvopsitan Tea (Court shall have uredtion ver elton conte for barangay ons. demand shall be the totality ofthe lame in Al the causer of action, irrespective, of Sthather the cases oration arom ou ofthe ame or diferent transactions T1TL2, Cates of foribe entry and unlawfel deiner: Provided, That when in auch eases, {he defendant raiser the question of ip im his pleadings and the question sssion cant be resolved without Aociding the looue af ownership, the issue of Cwnership shall be” resolved only to Aetermine che" laue of posession: and T1118, Civil actions which involve tide to or possesion “af, real property, oF any. Inverene therein where the avessed value of ‘nseed Twenty thousand pesos (P2,000.00) ‘Gein ll actions in Metro Manila, where Sch asssteod value does not exceed ily ‘thousand pease (P50,000.00) exclusive of Inerest, damages of whatever Kind, storeys fea, igtion expenses and cots ‘Provided, Tet in eases of land not declared for taxation purpoces, the value of nach property sal be determined by the esseaeed ‘alae of the adjacent les 112. Delegated Juriadiction. Sec. 3 of Bates Big 128 des that Metropolitan Trial Courts, Municipal Twial Courts Municipal Celt Teal Courts may be asigned by the Supreme rt fo hear and determine cadastral or lend regittration cases ing lots 0) where therein no controversy or opparition, or) tod lots where the value of the land docs he exsond Ont thousand pesos (P100,000 00) 129, as Courts and Municipal Crcuit Teal 1141.22, All violations of city or municipel rdinonces commited within their fespective | “tertorial”juradicton Tiaa AN oftensce punishable with imprisonment not exceading six (8) are ineopective of the amount of fine, and ‘ogntdias of other impocable eacassry or ther penaltie, including the cel Labi (tHsing ftom such offenses or prodicated “judge of Municipal Trial Coors, and Municipal Cicut Cours shall "have. thority to conduct Prlninary vgn cre alagd to have ben cnmind wi oie tive toritoral juredcions, which are opazable bye al Tal Cort. meth78 LEGAL RESEARCH & BIBLIOGRAPHY © Ne Po ‘The preliminary Investigation shall be conducted in sccordance with Rule 112 of the Rev. Ralo of Criminal Procedare (2000, Sec. 1of ule 112 provides that oxcpt as provided in Se. 7 of the rule a preliminary investigation is reqlzed to be conducted ‘efor the ling of complaint of Information foram lense were the penalty prescribed hy Inw ie atleast four (8) years, two (@) month and one (1) day without regard tothe ie 114, Special Jurisdiction. Sec: 36 of Bates Blg. 129 provides thai inthe absence of all the Regional Trial Court Judges E'S provine o ity, any Metropolitan Trl Judge, Municipal Trial ‘udge, Municipal Cea Trial Judge may hear and decide petitions Fora writ of habeas corpus or application fr ball n criminal esses inthe province ety where the absent Regional Teal Judge sts Source: Reviod Outline of Jurisdietion by Justice Jou Y. Feria July September 1940, Phila Bulletin, ated in the 2002 ‘Revised Manual for Cork of Court 12, Jurlediction of the Shari'a Court Ta. Original Jurindiction TE, Exclusive ‘The Shar a District Courts shall have exclusive rigid jurisdiction over: 1211, all eaes involving custody, frardianship,lesitimecy, paternity and Fliation arising under the Code of Muslim Pereonal Laws ofthe Philippines (Pres. Decree No. 1085); 1212, Aileates involving deposition, Aistsbution and setlement of the estate of Soceased Muslims, flees of administration or appointment Ghadminatratar or executor regardlas of theatre or the aggregate value ofthe property, IETS. Petitions forthe declaration of beens ad death and for the cancelation (rcorection of entses in the Maslin Registries mentioned in Tie VI of Book Two (tthe Code of Muslin Personal Laws af the Philippines (CHAPTER 8- JUDICIAL SYSTEM. ~ 12:14. All ations arising rin customary contacts in which the parties are Musi, {they have not sperfed whith aw shall over their relations and 121.5. All petitions fr mandamus, prohiition, inuneion, certo habeas Corpus, and all other aviary writs ad proceres in ado ts apple jurisdiction 122, Concurrent 7 Concurrently with existing evil courts, the Sart @ istrict Court shal nave oiina uradiction over 122.1. Pottons by Maske forthe consti of aime ange ‘Dany arya pee 1222, Allosher personal and real actions not mentioned in peragraph 1d of Arce 143 (11-4. supra) wherein the parties Involved are Maat, except thowe for farsi entry and unlawfldetsiner which ‘hall fall under to exclusive original Jurisdiction af the Murispal Creu Courts, ana 1223, Alopecia ivi ectons for Inarpleeder or dclaatory tle wherein the parties are Mualns o the property involved belongs exclusively Musling Appellate Jurisdiction T2241. The Sha Distt Court shall have appellate jurisdiction over all cues tied in the hart eCireit Courts within tei terstaral srntiction 1222. The Shan District Courts sell decide very case appealed to on the bai the fidence and records transite aswell as suck Imemorands ells r oral arguments w the partes tay ub(CHAPTER 3 - JUDICIAL SYSTEM a 80 LEGAL RESEARCH & BIBLIOGRAPHY © Ne Po Figure To. The Oriel Website oe Sipinin Cout ofthe Piipines ‘pan suprenecou on 2 The Often Webste ot the Senigubayen lan supemecour gu p ie Offeal_Webste of tie Couto Appeal sremcout.go gH, Figure” 11. The fal Wetste of the Cout of ‘pee apieasigrenacout gop.LEGAL RESEARCH & BIBLIOGRAPHY © Ng Po s (CHAPTER 3 - JUDICIAL SYSTEM as Figue 14 The Oficial Webste of the Judai and Bat” Counc is abe sapemecou oe k