LEGAL RESEARCH PRELIMS
THE PHILIPPINE STATE
Chapter I: Overview of the Philippine Political
System
A. 1987 CONSTITUTION
Constitution—Written instrument
enacted by direct action of the people by
the people by which the fundamental
powers of the government are
established, limited and defined; Where
powers are distributed among several
departments for their safe and useful
exercise
1. Establishes and defies the power of the 3
branches of government
2. Establishes the broad powers and relation
between federal & state government
3. Defined the rights of the members of
society
Malolos Consti 1935 Consti 1973 Consti
- The 1943 Constitution was declared null
and void after commonwealth
- 1986 is provisional
“The Constitution is the supreme law of the
land”—The basic and paramount law to which all
laws must conform to
Hierarchy of Laws
- Philippine Constitution: First created by
the sovereign people
- Statutes: Created by Congress
- Implementing Rules and Regulations:
Written by agencies
- When the court declared a law to be
unconstitutional, the former shall be void
and unconstitutional
- The court will avoid as much as possible
the decision of constitutional question
due to the Doctrine of Separation of
Powers
- Orthodox View: An unconstitutional law
is not a law
- Modern View: The court refuses to
recognize the rights of the parties
B.
“The Republic of the Philippines is a state since
it has all the elements of the state.”—People,
Government, Territory, and Sovereignty
- The Philippines is a Democratic and
Republican state
o Individual sovereignty
collectively is the nationality
sovereignty
o Democracy= Individual
sovereignty
o Republican= Representation and
Renovation
C. THE NATIONAL TERRITORY
- The Philippine Archipelago and other
territories the country has sovereignty
and jurisdiction
o Philippine laws apply only
within the Philippine national
territory
o Embassies are extension of the
Philippine national territory
Application of Criminal Law in the Philippine
Territory
1. Offense on Philippine ship/airship
2. Forge/counterfeit any currency of the
Philippine Islands or Obligations and
Securities
3. Liable for acts connected with the
introductions of #2
4. Public officers/employees who commit
an offense in the exercise of their
governmental functions
5. Crimes against national security and Law
of Nations
Application of Civil Law in the National
Territory
- Laws relating to family, rights, and duties
are binding upon the citizen, where ever
they may go
 - Lex Rei Sitae: The law is where the Japanese Occupation
property is situated (Art 16, Civil Code)
- May 1942: US forces surrender to the
o Interstate and Testamentary
Japanese (Greater East Asia)
successions shall be regulated by
- October 1944: Gen. Douglan McArthur
the national law of the deceased
landed
- Lex Loci Celebrationis: The law of the
- September 1945: Japanese Surrendered
place where the solemnity is celebrated
- July 4, 1946: Independence inaccordance
- Prohibitive laws shall not be rendered
to the Tydings-McDuffie Act
ineffective by laws or judgments
promulgates agreed upon in a foreign Post-Independence
country (Art 17(2), Civil Code
- 1945-53: Hulk Rebellion
- 1972: Martial Law (PD 1051) because of
growing lawlessness and open rebellion
D. THE PHILIPPINE GOVERNMENT
- 1983: Assassination of Ninoy Aquino
- Legislative, Executive, Judiciary
which sparked the rebellion
- Fundamental Powers of the State—
- February 1986: Snap Elections
Police Power, Power of eminent domain,
Power of Taxation
- Doctrine of Separation of Powers:
Prevents a concentration of authority in F. EXECUTIVE BRANCH
just one branch - President, Head of state and government
- Legislative: Propose, Amend, Enact, and - Office of the President, Office of the
Repeal laws Vice-President, DAR, DA, DLR, DBM,
- Executive: Enforce laws, Appoint, DepEd, DOE, DENR, DOF, DFA, DILG,
remove, control military, pardon DOH, DOLE, DND, NEDA, Office of
- Judiciary: Settle controversies, Apply the Press Secretary, DPWH, DOST,
and Interpret laws; Vested with judicial DSWD, DOT, DTI, DOTr
autonomy and independence

E. HISTORY OF THE PHILIPPINES

- Pre-Spanish: Negritos 30,000 years ago
(Malay)
- 16th Century = Spain (377 years)
- Ferdinand Magellan (1521)
- Emilio Aguinaldo uprising (1896)
- America defeated Spain in Manila Bay
(May 1, 1898)
American Period
- December 10, 1898: Treaty of Paris
- 1899-1902: Philippine Insurrection
- 1901: Aguinaldo was captured and
forced to swore allegiance
- July 4, 1902: American independence
- 1935: Commonwealth, under Quezon;
Tydings-McDuffie Act
Chapter II: Philippine Legislative System o All laws passed during the
Japanese occupation were
A. EVOLUTION OF THE PHILIPPINE
invalidated (October 23, 1944)
LEGISLATIVE SYSTEM
- Commonwealth Congress (1945-1946)
- Governor-General: Promulgate
- Congress of the Philippines (1946-1972)
executive decrees (President)
- Martial Law: Batasang Bayan (1972-
- Royal Audencia: Passed laws in the form
1978)
of auto accordados (Supreme Court)
- Batasang Pambansa (1978-1986):
- Crown of Spain: Councils
Advisory body to the President
- Provision Republic (1986-1987)
o Under Cory Aquino
B. LEGISLATIVE PERIODS OF THE o Interregnum Period: Adoption of
PHILIPPINES the freedom constitution (March
Malolos Congress (1898-1899)—Assembly of 24, 1986)
Representatives - Congress of the Philippines: Restored
presidential system
- Malolos Constitution: First important o 24 Senators, 250 Representatives
Filipino document o Republic Acts
o 101 articles; September 18,
1898-Novermebr 13, 1899
o Pedro Paterno: President of the C. STATUTES ENACTED BY THE
Assembly LEGISLATIVE BOARD
Philippine Commission (1900-1907)—American 1. Acts (Public Acts): Philippine
appointees Commission & Philippine Legislature
(1899-1935)
- Schurman Commission: First Filipino 2. Commonwealth Acts: National
Commission; Under William McKinley Assemblies (1935-1941) &
- Taft Commission: Second Filipino Commonwealth Congress (1944-1946)
Commission 3. Republic Acts: Congress of the
o March 16, 1900 Philippines (1946-1972; 1987-present)
o Philippine Organic Law (July 4. Batas Pambansa: Interim Batasang
1902): Formation of lower house Pambansa (1978-1984) & Regular
o July 1907: First election Batasang Pambansa (1978-1984)
- Philippine Assembly (October 16, 1907) 5. Presidential Decree: Martial Law
o Manila Grand Opera House 6. Executive Orders (Under Cory
o Partido Naciolasita (Osmeña) v. Aquino)—President exercise both
Partido Nacional Progresista executive and legislative powers
o Jones Law (October 16, 1916):
Senate and House of
Representatives D. LAWS ARE REPEALED BY
Philippine Legislative became bicameral (1916- SUBSEQUENT ONES
1935) E. POLITICAL LAWS ARE ABROGATED
BY CHANGE OF SOVEREINTY
- National Assembly (1935-1946) - Political Law—Branch of public law
- Second National Assembly (1939-1941) which deals with the organization of the
o Commonwealth Acts governmental organs of the state, and
 defines the relations of the state with the 11. Action of Approved Bill—Published on
inhabitants of its territory Official Gazette
- A change in sovereignty would have no a. 15 Days after publication=
effect in civil laws Effectivity
b. Essence of publication is due
process
F. HOW A BILL BECOMES A LAW - If bill is urgent, congress may do the 3
readings in one day
- Sponsor is the one who filed it
1. Preparation of bill from either house
2. First reading—Bill number & Title at the
Session hall
3. Committee Action: Amendments, Public
hearings, Persons affected by the
proposed law
4. Second Reading—Bill number, Title,
and Text of Bill; Author/Sponsor may be
questioned
a. Period of Sponsorship and
Debate
b. Period of Amendment
c. Voting by: Viva Voce, Count,
Division of house, Nominal
voting
5. Third Reading—Amendments and
engrossed and Physical copies are printed
a. Title & Bill number
b. Roll call/Nominal Voting
o A member may explain his vote
within 3 minutes
6. Transmittal of approved bill to the other
house
7. Senate/House action on Approved bill
8. Conference committee—Reconcile
differences and add amendments
9. Transmittal of bill to the president:
Signed by the Senate President and
House Speaker
10. Presidential Action on the Bill
a. Approve bill
b. Veto (Bill will go back to where
it originated
c. Naturally becomes a law within
30 days
d. Congress may override a veto by
2/3 vote by all members
Chapter III: Overview of the Philippine
Judicial System
A. HSTORY OF SUPREME COURT
- Royal Audiencia: Highest tribunal
established (Spanish period)
- Audencia Territorial de Manila: Civil &
Criminal cases
- Act 136 of the Second Philippine
Congress (Judiciary Law)
- June 11, 1901: Birth of Supreme Court
B. PHILIPPPINE JUDICIAL SYSTEM
- 4 Levels of National Court system—
Local and RTC, Court of Appeals, and
15-member supreme court
- Sandiganbayan—Hears criminal cases
against senior officials
- Court—Organ of the government whose
function is the application of laws to
controversies brought before it
- Supreme Court—Court of last resort,
heads the judicial branch
o The Bench—Seat of judges
o The Bar—Arregate of lawyers
o Jurisprudence—Philosophy of
Law
o Judge—Presiding officers of the
lower courts
o Judicial officers of the higher
courts
- Department of Justice—Under executive
branch
C. LEVEL OF COURTS
- Municipal Trial Courts (436): 1
municipality
- Municipal Circuit Trial Court (482): 2
Municipalities
o Metropolitan Trial Court
(MetroTC): 82 MetroTCs & 124
MTCCs
- Regional Trial Court (720): Divided into
13 regions
- Shari’a Courts: Muslim law; Muslim
code on personal law is enforced
o 5 Shari’a District Court; 52
Shari’a Circuit Courts
- Court of Taxt Appeals: Review by appeal
the decisions of the commissioner of the
BIR and Commission of Cutoms
- Sandiganbayan: Graft Court; Anti-Graft
and Corruption practices Act;
Unexplained Wealth Act
- Court of Appeals: Appeals decisions of
the RTC
- Supreme Court: Highest Court of the
land; Chief Justice and 14 Associates
o Cases filed with SC must be
resolved within 24 months;
Lower collegiate courts: 12
Months; Lower courts: 3 months
D. JURISDICTION
- Jurisdiction—Power and authority of the
court to hear, try and decide a case; Right
to act in a case
- Territorial Jurisdiction—Power in
relation to his territory; Every act of
jurisdiction exercised by a judge without
his territory is null
Classification of Jurisdiction
1. General Jurisdiction: Power to
adjudicate all controversies except those
expressly withheld by law
Limited or Specific: Restricted power to
adjudicate a particular case
2. Original Jurisdiction: Given to courts to
take cognizance of cases (Where the case
originates)
 Appellate Jurisdiction: A superior court
has to bear appeals of causes which have
been tried
3. Exclusive Jurisdiction: Alone has the
power to try and determine the suit,
action or matter in dispute
Concurrent Jurisdiction: May be
entertained by several courts
4. Civil Jurisdiction: Subject-matter is not
of criminal nature
Criminal: Court is to punish crime
E. JURISDICTION OF SUPREME COURT
- Has the power to “review, revise, reverse,
modify or affirm on appeal or certiorari
as the law or Rules of the Court may
provide.”
F. SUPREME COURT EN BANC
- En Banc— “In the Bench”; A session
where the entire membership of the
supreme court will participate in the
decision
- En Bacn cases—Constitutionality or
validity is questioned; Criminal cases
imposing death penalty; Raises novel
questions of law; Cases affecting public
ministers; Concerning decisions,
resolutions, or orders of civil service
commission, COMELEC, or COA;
Penalty to be imposed is dismissal of
Judge; Disbarment; Doctrine or Principle
may be modified
- Direct filing of the present petition with
the Court En Bacn by itself constitutes
forum-shopping
- Forum Shopping: Filing of repetitious
suits in different courts
G. JURISDICTION OF COURT OF APPEALS
- Shall exercise its adjudicatory powers
and functions through its 17 divisions. It
sits En Banc for the exercise of
administrative, ceremonial, and non-
adjudicatory junctions
- Concurrent jurisdiction with Supreme
Court, Regional Trial Court
H. JURISDICTION OF SADINGBAYAN
- Exclusive Original Jurisdiction
- Exclusive Appellate Jurisdiction:
Exercises exclusive appellate jurisdiction
over appeals from final judgements,
resolutions or orders of regional trial
courts
I. JURISDICTION OF COURT OF TAX
APPEALS
- Exclusive appellate jurisdiction to review
by appeal Decisions of the Collector of
Internal Revenue, Decisions of the
Commissioner of Customs, Decisions of
provincial or city Boards of Assessment
Appeals (RA 1125)
J. JURISDICTION OF REGIONAL TRIAL
COURTS
- Exclusive Original Jurisdiction over
Civil and Criminal cases
- Appellate Jurisdiction over all cases
decided by the MTC
K. JURISDICTION OF THE MUNICIPAL
TRIAL COURT
- Exclusive original jurisdiction on civil
action and probate hearings where the
demand does not exceed P100,000;
Criminal cases over violations of city or
municipal ordinances, offenses
punishable with imprisonment not
exceeding 6 years
- Delegation Jurisdiction over cases land
registration cases where there is no
controversy or where the value of land
doesn’t exceed P100,000
- Preliminary Investigation
L. JURISDICTION OF SHARI’A COURTS
- Exclusive Original Jurisdiction;
Appellate Jurisdiction
Chapter IV: Introduction Laws
A. LAWS AND KINDS OF LAWS
Law—Rule of conduct or action prescribed or
formally recognized as a binding or enforced by
a controlling authority; Body of rule of action or
conduct prescribed by controlling authority, and
having legal force
- Generic sense: Whole body or system of
Law
- Concrete sense: A rule of conduct
formulated and made obligatory by
legitimate power of the state
- Statutory/Enacted Law—Passed by
legislative branch.
o Statutes: Enacted by Philippine
Legislature
- Case Law—Decisions of the supreme
court, the courts and judicial bodies;
Result of the as Common Law system
o Common Law: Body of rules
created through judicial
decisions; Past decisions guide
the determination of current
disputes
o Doctrine of Stare Decisis “Let
the decision stand”
- Administrative Law—Executive orders
issued by the President; Based on
statutory authority
Purpose of Law: To establish standards that allow
individuals to interact with the greatest efficiency
and the least amount of conflict
1. Keep the peace
2. Shape moral standards
3. Promote social justice
4. Maintain the status quo
5. Facilitate orderly change
6. Facilitate planning
7. Provide a basis for compromise
8. Maximize individual freedom
Sources of Law: Constitution, statutes, Acts of
Congress, Municipal Ordinances, Implementing
Rules and Regulations, Judicial decisions
B. PHILOSOPHY OF LAW
According to Aquinas:
1. Eternal Law: Laws of the universe
2. Divine Law: Revealed word of God
3. Natural Law: Eternal Law as it applies to
us, which we know by reason
4. Human Law: Created by us, for the
purpose of carrying out natural law
- “Law is nothing else than an ordinance of
reason for the common good,
promulgated by him who has the care of
the community”
o Ordinance of Reason: Law must
have an end goal
o For the Common good: The end
or goal of law is the common
good
o Promulgated: The law must be
made known to them
o Power to coerce others: To prove
an efficacious inducement to
virtue
- Theories of Law: Classical Natural Law;
Internal Morality of Law; Classical Legal
Positivism
C. SOURCES OF PHILIPPINE LAWS
- Legislative Department
o Statutes: Laws enacted by
Congress; Declare rights and
duties or commands or prohibit
certain conduct
o Ordinance: Passed by a local
government
- Judiciary Department
o Case Law: Creation and
refinement of law in the course
of judicial decisions; Also
referred to as Jurisprudence
- Executive Department—Given delegated
legislative power
o Implementing Rules and
Regulations
o Administrative Law
1. Treaties are a source of Law
 2. The president can issue
executive orders to regulate
and direct national agencies
and officials
3. Exerts influence through
IRRs
4. LGUs pass municipal
ordinances which are also
considered as laws
D. PRECEDENCE AND HIERARCHY OF
PHILIPPINE LAW
- The Philippine Legal System is basically
a Civil Law System
- 1987 Constitution, Statutes, IRRs,
Judicial Decisions
E. CIVIL LAW SYSTEM OR TRADITION
- Civil Law System: Legal system that has
drawn its inspiration largely from the
Roman law heritage
o Jus civile (“civil law”)
o Emperor Justinian I over private rights
commissioned a code of laws
known as the Corpus Juris
Civilis (Body of Civil Law)
o The rise of nationalism
F. COMMON LAW SYSTEM OR
TRADITION
- Common Law: Body of law that
developed and derives through judicial
decision as distinguished from legislative
enactment
- The emergence of Common Law
represents the imposition of such a
unitary system under the auspices and
control of centralized power in the form
of a sovereign king; It represented the
assertion and affirmation of that central
sovereign power
o Precedent: Earlier court decision
o Stare Decisis: A court must
follow a previous decision of a
higher court in the jurisdiction
G. PHILIPPINE CIVIL LAW TRADITION
WITH A COMMON LAW TOUCH
- Philippines remained to be a civil law
country because of the influence of spain.
However, the political law systems were
changes by the Americans who
introduced the concept of Common Law
- Art 8, New Civil Code
- Courts can declare statues and
regulations unconstitutional if they
exceed constitutional authority or if they
conflict with constitutional provisions
H. PRIVATE LAW AND PUBLIC LAW
- Private Law: governs the relationships
among individual citizens; Private sphere
o Civil Law: governs relationships
between individual citizens
- Public Law: governs relationship
between the state and the people
o Criminal Law: governs the
issues that arise between parties
I. SUBSTANTIVE LAW VS. PROCEDURAL
LAW
- Substantive Law: Law that creates and
resolves the issue between the parties;
Creates, defines, and regulates rights;
The body, essence, and substance that
guides the conduct of the citizens;
Encompasses principle of right and
wrong
- Procedural Law: A Method of enforcing
rights or obtaining redress for the
invasion of rights
o To facilitate the movement of a
lawsuit through the legal system;
To ensure that the party will be
afforded fair and impartial
treatment
- Types of Procedural Law: Rules of Civil
Procedure; Rules of Criminal Procedure;
Rules of Evidence
Chapter V: Basic Remedial Laws D. ACTIONS
- Actions—An ordinary suit in a court of
A. JURISDICTION AND VENUE
justice, by which one party prosecutes
- Jurisdiction—The power to and authority
another for the enforcement or protection
of the court to hear, try, and decide a
of a right
case; A power constitutionally conferred
upon a judge or magistrate, to take Classification of Actions
cognizance of and decide causes
1. Real Actions: Those brought for the
according to law
protection of real rights (property)
- Venue—The place where the case is to be
2. Personal Actions: Those brought for the
heard or tried
specific recovery of goods and chattels;
Jurisdiction Venue Arises from breach of contracts
The authority to hear and The place or the court 3. Mixed Actions: to both the former
determine a case where the case is to be tried
and heard classes; For the specific recovery of
Matter of Substantive Law Matter of Procedural Law lands, tenements, and for damages for
Established a relation Established a relation injury sustained in respect of such
between the court and the between plaintiff and
subject matter defendant, or petitioner property
and respondent 4. In Rem Action: Directed against the
Fixed by law, cannot be May be conferred by the thing itself
conferred by parties act or agreement of the
parties
5. In Personam Actions: Directed at a
particular person on the basis of his
liability to establish a claim against him
- Jurisdiction over the plaintiff or 6. Quasi In Rem Action: Directed to a
petitioner is acquired by the filing of the particular person, but the purpose is to
complaint, petition or initiatory pleasing bar and bid not only said person but any
before the court other person who claims any interest in
- Jurisdiction over the defendant or the property
respondent is acquired by the voluntary 7. Transitory Action: The venue of which
appearance depends generally upon the residence of
the parties
B. BASIC DOKET FEE IS JURISDICTIONAL 8. Local Actions: Required by the Rules of
- Proper docket fees have to be paid before Court to be instituted in a particular place
the court will attain jurisdiction; in the absence of an agreement to the
Jurisdiction cannot be attained without contrary
payment 9. Civil Actions: Enforcement or protection
C. RESPECT TO THE HIERARCHY OF of a right
COURTS 10. Criminal Actions: The state prosecutes
- The Supreme Court is not a trier of facts person for an act or omission punishable
- The principle of hierarchy of courts by law
generally applies to cases involving 11. Special Proceedings: A remedy by which
factual questions a party seeks to establish a status, a right,
- The lower courts are the proper forum to or a particular fact
resolve such issues 12. Commencement of Action: A civil action
- One cannot directly go the supreme court is commenced by the filing of the original
complaint in Court
E. CAUSES OF ACTIONS
- Cause of Action—The act or omission by
which a party violates a right of another
o The Plaintiff’s primary right and
the defendant’s corresponding
primary duty
o The delict or wrongful act or
omission of the defendant, by
which the primary right and duty
have been violated
- Right of Action—A remedial right
belonging to some persons; Matter of
right
- Res Judicata—What has been decided
upon cannot be reiterated again
F. PARTIES TO CIVIL ACTIONS
Classification of Parties
1. Real Party Interest: The party who stands
to be benefited or injured by the
judgement in the suit
2. Indispensable Party: A person without
whom no final determination can be had
of an action
3. Proper Party: Not indispensable but who
ought or be joined as a party if complete
relief is to be sought
4. Pro Forma Party: A husband or wife
required to be joined in suits
5. Quasi-Parties: Those in whose behalf a
class, or representative suit is brought
6. Representatives as Parties: A to action, called third
representative acting in fiduciary
capacity
7. Indigent Party: A party may be
authorized to litigate his action
8. Class Suits: When the subject matter of
the controversy is one of common or
general interest to many persons so
numerous that it is impracticable to join
all as parties
o Controversy: When two parties
disagree
G. VENUES OF ACTIONS
- Real Actions: The proper court who has
jurisdiction over the area where the
property is situated
- Personal Actions: Where the plaintiff
resides
H. KINDS OF PLEADINGS
- Pleadings—The written statements of the
respective claims and defenses of the
parties submitted to court
- Complaint—Pleading alleging the
plaintiff’s cause or cause of action
- Answer—The defending party sets forth
his defense
- Defenses—May either be negative
(Denial) or affirmative (Allegation of a
new matter; Hypothetically admitting the
material allegations)
- Counterclaim—Claim a defending party
may have against an opposing party
- Compulsory Counterclaim—Arises out
of or is connected with the transaction
- Cross-claims—Any claim by one party
against a co-party
- Counter-counterclaims—asserted
against original counter claim
- Reply—To deny or allege facts in denial
or avoidance of new matters alleged by
way of defense in the answer
- Third Party Complaint—A defending
party may file against a person not a party
- Bringing new parties—Presence of
parties is required for the granting of
complete relief
I. PARTS OF PLEADINGS
1. Caption
2. The Body—Paragraphs, Headings,
Relief, Date
3. Signature and Address (An unsigned
pleading procedure has no legal effect)
4. Verification (Thru Affidavit)
5. Certification against Forum-shopping