7B. | AGUDE To PHIPPRE LEGAL NFORUATION ‘tle ofthe treaty. The treaty is submitted to final vote by yes and no. ‘The DFA, Office of Legal Affairs (OLA) has issued Circular No. 01-07 which provides for the procedures in the negotiation and ratification of international agreements. They areas follows: 1) Issuance of full powers or special authority; 2) negotiations; 3) signing ofthe agreement ;4) ratification by the President, 5) concurrence by the Senate; 6) declaration or reservation’ 7) notification after ratification; 8) entry into force, Treaties concluded between the Philippines and foreign countries need to be published in the Official Gazette. Another official source is the DFA Treaty Series, beginning, 147 at irregular intervals until it ceased publications. However, the UP. Law Center has assumed the task of publishing. its Philippine Treaty Series, now on its volume 10 covering 1984 ‘treaties, At present the DFA, Office of Legal Affairs and the Foreign Service Institute and the Supreme Court Library have ‘produced a CD-ROM of Philippine Treats, 1946-2010 with a ‘companion book Philippine Treaties Index, 1946-2010, The CD ‘and Index contains the full text of about 1,660 agreements ‘concluded by the country since 1946, The Index has for its authors J. Eduardo Malaya, Marla Antonina Mendoza-Oblena and Allan Casupanan. ‘Treaties entered into by the Philippines are registered with the Secretary-General and published inthe United Nations ‘Treaty Ses (UNTS). The Multilateral Treaties Deposited with the Secretary-General is @ publication by the United Nation containing information on multilateral treaties arranged by topics as well as citations, status, the signatories, text of declaration and reservation made by the individual state signatories. ‘Treaties and other international agreements on a ‘selective basis are likewise published in The Lauyers Review. UP. ‘nt / www ph downlad pl Vl35 Noa, A010 pa (vse March CchuoTeR Vi STATUTE LAW | 79 Lae Center has the flowing publications: Lo the St, 1996 kon: Pine Yerbok of ernatnal Laws, Vol. Xo XV (13851969; Documents in Contemporary nerationa Lin 0 (2) columes; Vil ASEAN Document, 1967-1984 The Osan Lo tnd Policy Sens; Philippine Trade anu Economic Agreenens nd ena Btn. ‘The secondary materials on treaties and interational agreement are: Vicente Abad Santos, Cases and Materials on International Law (1970; Jovito R. Salonga, Public Intemational liv (1974); Jorge R. Coquia and Miriam Defensor Santiago, International Law (1998); Isagani A. Cruz, Internatimal Law (1998); Mislam DefensorSentiago, International Law with Philippine Cases and Materials and Asean Instruments (199). + Statutes Proper ‘A statute is an act of the legislature as an organized body, expressly in the form and passed according to the procedure required to constitute it as part of the law of the land. Statutes tnicted by the legislature include the laws promulgated by the Philippine Commission and the Philippine Legislature, those passed during the Commonwealth perio, those enacted by the Philippine Congrese and those approved by the Satasang Pambansa and by the House of Representatives anc Senate Other laws which are ofthe same category and have binding. force as statutes are Presidential Decrees issued by the President in the exercise of his legislative power dering the period of martial law under the 1973 Constitution and [Executive Orders issued by the President in the exercise of his| legislative power during the revolutionary period wder the Freedom Constitution. ‘The statutes ofthe Philippines are found in the various enactment of the Philippine legislature since its creation in 1900, From the establishment’ of the Americm Civil Government in 1900 to 1995, there were 4275 laws known as ‘Acts passed by the Philippine Commission and its ticameral80_| AGUDE To PHUPPRE LEGAL NEORUATION period witnessed the enactment of 733 statutes known as Commonwealth Acts, while 6,635 Republic Acts were legislated from July 4, 1946 to September 21,1972 when martial law was imposed, Law promulgated by the Batasang Pambansa is referred as Batas Pambansa, There were a total of 891 Balas Pambansa passed by both the Interim and the Regular Batasang ‘Pambansa. The bicameral Congress that fellowed passed their ‘enactment beginning with Republic Act No. 6636 which was a ‘continuation of the law enacted by the previous Congress before martial law. The has as its latest enactment, Republic Act No, 10593 dated May 29, 013 ~ An Act Providing for the Regulation of the Cutting of Coconut Tees, Its Replenishment, Providing Penalties Therefor, And For Other Purposes, Amending the Coconut Preservation Act of 195. Statutes may elther be public or private. A public statute is one which affects the public at large or the whole ‘community, A private statute is one which applies only to a ‘specifi person or subject. But whether a statute is public or ‘Private depends on substance rather than on form. Public statutes maybe classified into general, special and local laws. A general law is one which applies to the whole state and operates throughout the state allke upon all the people or all of a class Its one which embraces a class of Subjects or places and does not omit any subject or place naturally belonging to such class. A special law is one which relates to particular person or thing of a class or to a particular community, individual or thing. A local law is one whose ‘operation is confined toa specific place or locality. According to its duration, a statute may be permanent ‘or temporary. A. permanent statute is one whose operation is| rot limited’ induration but continues until repealed. A temporary statute isa statute whose duration is for a limited period of time fixed in the statute itself or whose life ceases thnon the hannenine ofan event Compre Vi STATUTE LAW | 81 In respect to thee applicton, statutes may be prospective of retroactive. They may also, Be accordingly %0 {heir operation, declaratory, curative, mandatory, directory Substantive, remedial end penal In respect to hee forms they may bealfimative or negative. “The offical repository of laws passed by Congress isthe Oficiat Gazete, published by the Bureau of Printing, now the National Printing Office, since the start of the American Regime, At recent newspapers of general circulation are official repositories f laws by virtue of Executive Order No. 200, 8. 1986." ‘The other official repositories of statutes are: for Acts passed by the Philippine Commission and Philippine Legislature, « publication by the Bureau of Printing, called Public Laws, volumes 1 to $1, with English and Spanish ‘editions; two volumes of Public Laws contained Commonwealth Act Nos, 1-412. The features of the compilation are the sameas the previous publication on public laws except that this one has a General Index: the Bureau of Printing also published Republic Act in Laws and Resolutions in a series of ‘volumes containing Republic Act Nos. 1 to 6635; for the Batas| Pambansa, the official repository is the Acts & Resolutions by ‘the Batasang Pambansa. In addition to theofficial collections mentioned above, there are several private editions of compilation of statutes such as: Philippine Annotated Laws (PAL) published by the Lawyers’ Ccoperative Publishing Co, in 2¢ volumes. with pocket paris The compilation consists of all Acts of the Philippine Legislatures of a general and permanent in nature and in-force as of January 1956. The Acts are compiled in the llphabetical order of given titles. This publication, however, thas been discontinued in 1963; Commonwealth Acts Annotated, by. Prof. Salpicio Guevara, in seven volumes, contain permanent statutes from Public Act No.l to Public Act No 2499 while the Philippine Permanent and General Statutes, a UP.82_| AGUIDE To PrLPPIE LEGAL INFORMATION Law Center publication in seven volumes is a compilation of al, ‘existing permanent and general statues from Acts to Kepublic ‘Acts and some Presidential Decrees issued during martial law, Below isa summary of enactments by the Philippine Legislature. LEGISLATION IN THE PHILIPPINES (1900-2012), ‘NONE reniop | LEGISLATIVE NAMBOF OF ‘AUTHORITY statutes | sraTures Pilipine Connsion 15001988 | Phiippine AsemBy, | Acts ozs PippineLagiatre “wosisn Nina Asenbiy, | Coasoaweaits | te Tee Republic Aas as ‘ares a President 19721586 | Lagltor under 2006 Maral Law eee Bat Pambarse(978- | BataPambansa | sot is Present Agu spesssey | teagan oe ase | tae | Brcutve Orden cont ETO BRED. | concress rerosucacts | 3687 In legal research, it is also important that the deliberation in the passage of a bill be ascertained. Below isa chart on How A Bill Becomes A Law, This is called the legislative history. It is important because legislation is ‘sometimes ambiguous and contains omissions which are best Clarified through the law's legislative history. Tt is often ‘necessary to ascertain the intent ofthe lgisatve body when it ‘passed the legislation, Legislative history includes sponsorship speeches, legislative hearings, debetes and reports and earlier Canes. RC whore the pone or mepandent een. ht ‘ih ue rdton er the nce wre he dato norman [eed ceed gr sored Sandiantyar and Spree Coat Se 3 ECE tne Nas Gem em (were VIE CASELAW | 117 Criminal cases 1. Action for annulment of judgment of Regional Trial Court 2. Concurrent jurisdiction to issue writs of cetiorar, prohibition and mandamus against Regional Trial gainet Regional 3. Concurrent jurisdiction to issue writs of certiorari, prohibition and mandamus against Municipal Trial Court” 4. Special powers and authority under Republic Act No, 9972 otherwise known as the Human Security Act = Court of Tax Appeals Comcanen SC Composition: consists of a Presiding Justice and five (°) Associate Justices. Power and jurisdiction: Under Republic Act No. 1125 the Court of Tax Appeals was established, with exclusive ‘appellate jurisdiction over tax and customs cases. Republic Act No. 1125 was amended by Republic Act No. $282 which expanded Court of Tax Appeal's jurisdiction and elevated the court's rank to the level of the Coast of Appeals. A. Exclusive appellate jurisdiction to review by appeal: 1, Decisions of the Commissioner of Internal Revenue in cases involving disputed assessments, refunds of intemal revenue taxes, fees ot other charges, penalties in relation118 | AGUDE TOPMLPPNE LEGAL INFORMATION thereto, or other matters arising under the [National Internal Revenue Code ot other laws ‘administered by the Bureau of Internal Revenue; 2 Inaction bythe Commissioner of Internal Revenue in cses involving disputed assessments, refunds of internal revenue taxes, fees or other charges, ppenltice in relations thereto, or other matters frsing under the National Internal Revenue Code or cther laws administered by the Bureau of Intemal Revenue, where the National Intemal Revenue Code provides a specific period of action, in which case the inaction shall be deemed a denial; 3. Decisions, orders or resolutions of the Regional ‘rial Courts in local tax cases originally decided or resolved by them in the exercise of their original ‘or appellate jurisdiction; 4, Decisions of the Commissioner of Customs in ‘cases involving liability for customs duties, fes ot ‘other money charges, seizure, detention or release ‘of property affected, fines, forfeitures or other penalties in relation thereto, or other matters arising under the Customs Law or other lave ‘administered by the Bureau of Customs; 5. Decisions of the Central Board of Assessment Appeals in the exercise ofits appellate jurisdiction ‘over cases involving the assessment and taxation ‘of real. property originally decided by. the provincial or city board of assessment appeals; 6, Decisions of the Secretary of Finance on customs ‘cases elevated to him automatically for review from decisions of the Commissioner of Customs which are adverse to the Goverment under Section 2315 ofthe Tariff and Customs Code; CmereR VsCAse Law | 119 7. Decisions ofthe Secretary of Trade and Industry, {nthe case of nonagricultéral product, commodity or article, and the Secretary of Agriculture in the ‘case of agricultural product, commodity ot article, involving dumping and countervailing duties under Section 301 and 302, repectively, of the Tariff and Customs Code, and smenoureo under Republic Act Nu, 6800, white either party may appeal the decision to impose or not o impose sad duties. [BL Jurisdiction over cases involving criminal offenses ashercin provide: 1. Beclusive original jurisdiction overall criminal offenses arising from violations of the National Internal Revenue Code or Tariff and Customs Code and other laws administered by the Bureau of Internal Revenue or the Bureau. of Customs: Provided, however, That offenses of felonies mentioned in this paragraph where the principal amount o taxes and fees, exclusive of charges and penalties, claimed is less than One million pesos (P1000,00000) or vehere there i= ro specified amount claimed shall be tried by the regular Cours and the jurisdiction of the CCTA shall be appellate. Any provision of law or the Rules of Court to the contrary notwithstanding, the criminal action and the corresponding civil action for the recovery of civil lability for taxes and penalties shall at all, fumes be simultaneously insted with, and jointly determined in the same proceeding by ‘the CTA, the fling of the criminal action being deemed to necessarily carry with it the fling of ‘the civil action, and no right to reserve the fling ‘of such civil action separately from the criminal ‘action willbe recognized.120 | AGUIE To PHLFPINE LEGAL NFORMATION cowpren Vi Case Law | 124 , Over petitions for review of the judgments, resolutions or ordeys of the Regional Trial Cours in the exercise of their appellate a. Over appeals from the Judgments, jurisdiction over tax collection cases resolutions or orders of the Regional Trial orginally decided by the Metropolitan Trial ‘Courts in tax cases criginally decided by Courts, Municipal Trial Courts and them, in thelr respected territorial Municipal Cirult Teal Courts, in. their jurisdiction, ‘respective juriedction 2, Exclusive appellate jurisdiction in criminal offenses: 1 Ove pein for tv fhe dame ‘esl or endo he Regt Tal + Seige Cours in the exeche tho apple Jrrdln overt ce ecg Cai Comat: compo of & preiingjuice and by te Matopotian Tal Cours Manipal Soe smochiefotce, Tha Cour and Manic ict Tal Cours inthe pctv don Powerit: 11, Violations of Republic Act No. 3019 Republic Act . Jurisdiction over tax collection cases as herein Peer meats Nati Beenie provided: 1. Bxclusive original justin in tax collection ‘cases Involving final and executor assessments for taxes, fees, charges and penalties: Provided, Thowever, That collection cases where the principal amount of taxes and fees, exclusive of. ‘charges and penalties, claimed i less than One rlion pesos (P1,00000000) shall be tried by. the proper Municipal vial Court, Metropolitan Trial Court and Regional Trial Court. 2. Exclusive appellate jurisdiction in tax collection |. Over appeals from the judgments, resolutions of orders of the Regional Trial Courts in tax collection cases originally decided by them, in their respective territorial jurisdiction. ofthe Revised Penal Code, where one or more ofthe accused are officials occupying. the following positions in the goverment whether in a Permanent, acting or interim capacity, atthe time of the commission ofthe offense: | Officials of the exeutive branch occupying the positions of regional director “and higher, ‘otherwise classified as Grade 7 and higher, of ‘the Compensation and Position Classification ‘Act of 1989 (Republic Act No. 6758), specifically Including: |. Provincial governors, vicegovernore, members of the sangguniang,panlalawigan and provincial treasurers, assessors, "Rep Aka, DOS 7. 2 Asnmanded terrae mown the At iat and Corp Paton Act 1 An Ac Dchring Forse in Favor he Staab Property Found "ve Been UnwllyAcgazd by Any Pble ice aplyer snk422. AGUGE To PHLPP NE LEC. IORUATION LChapren VIE CASE LAW | 129 © All other national and local oficals asified as Grade7and higher finder the Compensation and Position Classification Act of 1989, engineers and other provincial department heads; ‘department heads; public officials and ‘mentioned in sub Section A ofthis Section in relation to thelr office. lik, Officials ofthe diplomatic service occupying, the position of consul and higher, ‘3. Civil and criminal cases filed pursuant to and in ‘connection with Executive Order Nos 1,2, 14 and iv, Philippine army and airforce colonel, naval “VLA, issued in 1986, captains and all officers of higher rank; ‘4 Buclusive original jurisdiction over petitions forthe Issuance of the writs of mandamis, prohibition, certiorari, habeas corpus, Injunctions, end other ancillary writs and processes in aid ofits appellate ‘¥. Officers of the Philippine National Police ‘while cccepying the position of provincial “lrector and those holding the rank of senior ‘superintersent or higher; jurisdiction and over petitons of similar nature, Including quo warranto, arising or that may arse in vi Clty and provincial prosecutors and. thet cases filed or which may be fled under Executive fsstants, and officals and prosecutors in Order Nos. 1.214 and 1A, issued in 1986 the Office of the Ombudsman and special prowcsiog 5. Exclusive appellate jurisdiction over _ final judgments, resolutions oF orders or regional tal ‘iL. Presidents directors or trustees or managers courts whether inthe exercise of thelx own orginal of govemmentowned or controlled Jaridiction or of thei appellate radon in cases tions, state universities ‘where none ofthe accused are cecupying positions ‘Suatonlintitatons or foundations corresponding to salary grade 27 or higher, as prescribed in Republic Act No. 6738, or mlitary or 1 Members of Congress. and officials PNP officers assed as Grade 27 and up under ‘Compensation and Poston Classification Act 1989; + Regional Trial Courts Members ofthe judiciary without prejudice ‘the provisions ofthe Constitution; By vue of faa Panes 129, ie (1) Rein Tal Cours ae ceo ah forte nee (19) al Tepom The aw aso apportioned sven! besos wit424 | AGue ro PMLPONE LEOAL heORMUTIN vicasn one Regional Trial Court judges commissioned in each of the mee aoe Saar ‘lrdnng lo quail incon + Power and jurisdiction: 1. Allcivil actions in which the subjctof the litigation. {s incapable of pecuniary estimation; 2, Im all civil actions which involve the title to, or possession of, rel property, or any intrest therein, ‘where the asiessed value ofthe property involved ‘exceeds Twenty thousand peses (P20,000.00) or for ‘dil actions in Metro Manila, where such the value feceeds Fifty thousand peso: (60,000.00) except tctions for forcible entry into aed unlawful detainer of lands or buildings, original jurisdiction over ‘which is conferred upon Metropolitan Trial Courts, ‘Municipal Tia Courts, and Municipal Circuit Trial Courts; 3, Inall actions in admiralty and maritime jurisdiction where the demand or claim exceeds Three hundred thousand pesos (P300,000.00) er, in Metro Manila where such demand of claim exceods Four hundred #housand pesos (400,00.00) 4 Inall matters of probate, both testate and intestate, where the gross value of the estate exceeds Three hhundred. thousand pesos (7300000.00) ot, in [Prahate matters in Metro Manila, where such gross Yalue exceeds Four hundred thousand pesos (400,000.00); 5. Inall actions involving the conract of marrage and ‘marital relations; 6, Inall cases not within the exdusve jurisdiction of any court, tribunal, person or body exercising 7. In ll dil actions and special proceedings falling within the exclusive original jurisdiction of a Juvenile and Dometic Relations Court and of the Courts of Agrarian Relations as now provided by lawsand 8. Inall other casos in which the demand, exclusive of Interest, damages of whatever kind, attorney's fees, 9. Concurrent jurisdiction in the issuance of writs of certiorari, prohibition, mandamus, quo warranto, hhabeas corpus and injunction which may be enforced in any part oftheir respective regions: 10, Concurrent jurisdiction in actions affecting fambessadors “and other public ministers and ‘consuls 11, Concurrent jurisdiction to ssue Wat of Amparo 12, Concurrent jurisdiction to issue Writ of Habeas Data when the action conceme public data lee of ‘ts Patan By 129 (1980, Se 19 Conran ith CA, Saigayan and SC Concent wih Se "Concurrent wth CA andganbyan and SC. Se. 9 the alo the Wit ($dnprs[AM, No. 17-942 pt 25,2007). strat at Snonontn am Sreme Ca eho th Rae426 | AGUDE To PrN LEGA. WrORNATION 1B. Appellate jurisdiction over all cases decided by ‘Metropolitan Trial Courts, Municipal Trial Courts, i Criminal cases 1 Bsclusive original jurisdiction in all criminal cases not within the exclusive jurisdiction of any court, tribunal or body, except those now falling under the exclusive and concurrent jurisdiction of the Sandiganbayan which shall hereafter be exclusively taken cognizance of by the ater. 2 Offenses with imposable penalty of more than 6 years imprisonment. = Municipal Tri Courts Betas Pambanss Blg. 129 also created a Metropolitan Trial Court in each metropolitan area established by law, arin ovr appeal of econ by RTC ove delegate casei edged wih. Ccompren viz case Law | 127 Municipal Teal Court in each of the other cites or ‘municipalities, and a Municipal Circuit Trial Court in each circuit comprising such cities and/or municipalities as are ‘grouped together pursuant to law >> ced nt 1. Bvclusive original jurisdiction over civil actions and. probate proceedings, estate and intestate, including the grant of provisional remedies in proper cases, where the value ofthe personal property, esate, amount of the demand does not exceed Three hhundred thousand pesos (P300,000.00) or, in Metro Manila where such personal property, estate, or amount of the demand docs not exceed Four hhundred thousand pésos (400,000.00) exclusive of Interest damages of whatever kin, attorney's foes, litigation expenses, and costs, the amount of which must be specifically alleged: Provided, That where there are several claims oF causes of ation between the same or different parties, embodied inthe same complaint, the amount of the demand shall be the totality of the claims in all the causes of action, Inrespective of whether the causes of action arose ‘out ofthe same or different transactions; 2 Buclusive original jurisdiction over cases of forcible entry and unlawful detainer: Provided, That when, Jn such cases, the defendant raises the question of ‘ownership in his pleadings and the question of possesion cannot be resolved without deciding the Issue of ownership, the issue of ownership shall be revolved only to determine the ianue of pocrenion. 3. Biclusive original jurisdiction in all civil actions Which involve ttle to, or possession of, real property, or any interes therein where the assessed128 | AGuoE To Pra. reNe LEGAL INFORMATION ‘value of the property oF interest therein does not exceed Twenty thousand pesos (P20,00.00) or, in Civil actions in Metro Marila, where such assessed. Value does not exceed Fifty thousand pesos (P50,000.00) exclusive of interest, damages of ‘whatever kind, attorney's fees, litigation expenses and costs: Provided, That value of such ‘hall be determined by the assessed value of the adjncent lots 4, Delegated jurisdiction, as may be assigned by the ‘Supreme Court, to hear and determine cadastral or dnd reistration cases covering lots where thee zo controversy or opposition, cr contested lots the where the value of which does not exceed One Ihundred thoasand pesos (P100000.00), such value {o be ascertained by the afdavit ofthe aimant or fgseement of the respective claimants if there are wal than ene or fom the Somepoeng i Gedareion of the rel property. Thai decisions in {hse cases shall be appenbl in the sane manner ts decisions of the Regional Teal Courts 5, Special jurisdiction in the absence of all the Regional ‘Trial Judges ina province or cy, to hear and decide petitions for a wrt of habeas corpus or applications for bail in criminal cases in the province or city ‘where the abeent Regional THal Court Judges sit Criminal cases 1 Bclasive orginal jurisdiction overall violations of city or municipal ordinances committed within thelr ‘respective teritoril jurisdiction: CCuwrrER VI-CASe LAN | 129 2 Beclusive orginal jursdjtion overall offenses punishable with imprisonment not exceeding si 6) Years irrespective of the emount of fine, and reyatdless of oer impossble accesory or other Pll including the civil ably azsing fom Such ofenses or predzated thereon, iveapectve of Kind, nature, value, or amount thereof Provided, Fowver, That in offenses involving damage to property Usough criminal nepligarce they shall have exclusive orignal juriaditonthereok 2 3, Cases covered by Rules on Summary Procedure, ‘such as those involving violations of trafic laws, rules and regulations and violations of the rental law. + Shari'a Courts (Created by virtue of Presidential Decree No. 1083 otherwise known as the Code of Muslim Personal Laws, Shari'a Courts = Which are courts of limited jurisdiction ~ are made par ofthe judicial system, Shania courts and its personnel are subject to the administrative supervision of the Supreme Court. In line with this, five special judicial district ae created with each having one Shari'a District Court. {Bats Paka y 129 (18) Sec 2. {ate Partanesi129 (1980 Se Tie seed dc ore (@) The Fst Shanta itt tall compre th Pov of Sul chan {ebles vial Hey (@) Thesxond Sara Dict he Provins of Ta Taw (©) The Third Sharia Duet the Province of alan, Zamboangs el [Nan and Zamboanga del Sr and he Cites of Dio Pagan (@) The Four Shanta Dee te of Lana del Nore and ara el Sur, anh Cec gan sn Mara42 | AGUOE TO PHIPPEE LEGAL INFORUATION tree vir case a | 199, in accordance with Article 13 of the involving disputes relating to: Following is the structure of the Philippine Judicial vem. 4 Marcage: Ai, Divorce recognized under the Code; : til, Betrothal or reach of contract o marry; ‘The Philippine Court System w. Customary dower (mah); Disposition and distribution of prog en ee ‘SUPREME COURT ‘vi, Maintenance and support, consolatory gifts, (mut); and ‘vii Restitution of marital rights, All cases. involving disputes relative properties Court of ‘communal ‘ Appeals. Regional ‘Trial Courts Courts Municipal Tal Metropolitan Courts in “rial Court ies Municipal ein ‘Trial Courts:$24 | AGube To PHLEPNE LEaNL NEORMATION D. Case Law MateralyPublicatons = Conventional Decisions ~ Decision ofthe Supreme Court ‘When the Supreme Court renders a decision a written opinion for memorandum exemplifying the ground and scope of the judgment of the court shall be fled withthe Clerk af Court and shall be recorded by him in an opinion book. When the court shall deem a decision to be of sulficiet Importance 19 necessitate publication, the Clerk shall furnish a certified copy ‘ofthe decision tothe Reporter. The Reporter then prepares and ‘publishes with each reported decision a concise synopets ofthe facts necessary fo clear understanding ofthe case, stating the ‘ames of counsel, together with the material points raised and determined, citing each case, which shall be confined, as nea ‘as posible to points of law decded by the courts on the facts of. the case without necessity of recing the facts 11, Official Repositories of Decisions of the Supreme ‘Court = What distinguishes a lav neport as official is ‘the fact that it is printed under thesupervision ofan authorized government agency. The decisions of the ‘Supreme Court appear in thre oficial publications, namely: Advance Shels; Offical Gazete; and the Philippine Reports. 8 Advance Sheet - As soon as decisions of the ‘Supreme Court become final they are published {in advance sheets in mimeogrephed form. Thus they are made available tothe Dench and the bat atthe earliest date possible, much eailer that thelr publication in the Official Gazette, b, Oficial Gazete ~ The Offical Gazette is an official publication of the government printed by the National Printing Office. The decisions of the Supreme Court are pubished under the Curren it Case Law | 195 section, “Decisions of the Supreme Court” ‘While before all these elcisions were published. in the Oficial Gazette, at present because of the volume of decisions promulgated by the Supreme Court, not ll are found in the Oficial (Gazette hitippine Reports ~ Decisions of the Supreme (Court from August 8, 1901 are published in the ee ee Printing Office. ‘The decisions are arranged according to the dates oftheir promulgation. As soon as there are about seven hundred ity pages of decisions published in the Offical Gazette, the Reporter gathers them and publishes them in the Philippine Reports. At the futbreak of the Pacific War, the Bureau of Printing printed 74 volumes of the Philippine Report wth the ats decom dtd October 1 1987, Decisions of the Supreme Court during the Japanese Occupation were not preserved ‘completely. However, some decisions are found In volumes 73 and 74 ofthe Philippine Reports. ‘After the war, it resumed the printing of velume 75 up to volume 110, which covered decisions promulgated from Nov. 23, 1960 to January 31, 1961, The Bureau of Printing continued printing of the Philippine Reports up to volume 125, ‘covering the perio from Apri to June 1967. The ‘Supreme Court took over starting with vol. 127 uly 1967) to vo. 456 (August, 200). There are at prosent 564 volume of Philippine Report in book form. Pilipine Reports (Reprints) ~ The destruction of bales and’ reserve copies of Philippine Reports in the Bureau of Printine durine the war196_| AGUDE 1o PHLPPNE LEGAL IFORAATION necessitated the reprinting ofthese reports and. the Supreme Court entrusted the undertaking 9 the Lawyers’ Cooperative Publishing Co, which by photo-offset process, reprinted the first 74 volumes of the Philippine Reports. However, the index digest found inthe original volumes ‘omitted inthe reprinted set Jurgpradencia Flpina ~ This is the Spanish tition ofthe Philippine Reports, lo printed by the Bureau of Printing Is eanged inthe same frder os that of the Philipine Reports, each Yolume coin te se acy published in the corresponding, vue ippine Reports. Is publication was discontinued during the war to the present Like the English ection. Ieontains the same pris. 2. Unofficial Reporting of Supreme Court Decisions ‘a. Philippine Decisions ~ Unofficial law reporting in the Philippines is exemplified by the publication known as Philippine Decisions (Community Frise, Ine Mani), which sected the Teading cases reported in Vols. 1 to Philippine Reports and collected them in 10 volumes. It actully served as an economical luni of the Reports. Four more volumes were ‘published after the wa, but the publisher of the Beco “fad “alred the "scheme, and arrangement ofthe original set, by reporting the decisions ofthe Supreme Court for 1948 and 1949, b ine Reports Annotated ~ This is a private mea a iene {She 2 te Pippo opr Te Cases reported are annotated by the publisher Sin gg bcp fom cna ancy decided by the court, bearing on the points of chapren VIE Case LAW | 137 Jaw enunciated in the cae reported. Thus, with the use ofthis annotatéd edition, the researcher ‘is informed whether the decisions has been cited Jn a subsequent decision and whether such subsequent decision has adopted or overruled the legal principle in the earlier decision. The publication ended with Volume 3, Philippine Reports Annotated (Central) ~ This is diferent from the above Philippine Report ‘Annotated Central Book Supply Tne publishes this one. It hopes to republish and annotate Supreme Court Decisions from 1901 to January 31, 1961 totaling 110 volumes. So far, it has published volumes 1,2, 3,4 5,6, 76, 77, 8,89, 90, 91,95, 96, 97, $8, $9, 100, 101, 102,103, 104, 105 106, 107, 108, 109 and 110, Other volumes will be released soon. ‘Supreme Court Reports Annotated (SCRA) ~ The SCRA is the leading private publication at present of Supreme Court decisions. Central Lawbook Publishing Co,, and the Central Book ‘Supply Inc. re its publishers. SCRA containe al ‘the decisions ofthe Supreme Court starting with the year 1961, publishes it At present thas now 691 volumes as of February 26,2013. Supreme Court Deisons (SCD) ~ This set 8 a publication of the decisions of the Supreme Court of the Philippines, starting January 1, 1982, The decison of the Supreme Court each ‘month are compiled in one volume, under the editorship of “Atty. Jose N, Nolledo and published by the National Book Store. The decisions of the Supreme Court are published according tothe dates oftheie promulgation. kin Led rie, HAT198 | A@uoe 10 PRLPPNE LEGAL NEORUATON reporting both law end Jurisprudence. Current vents Digest Inc publishes it. Each volume of PHILAJUR consists of five pars: Legislation; Supreme Court decisions; Digest of Court of ‘Appeals Decisions; Legal Articles; and Indexes, thas ceased publication. ‘Supreme Court Unpublished Decisions (SCUD) ~ this publication “contains the unpublished decision ofthe Philippine Supreme Court. This ‘is compiled by Judge David G. Nitafan and the Fultoral ‘Staff of the Central Lawbook Publishing Co, Inc, Volume 1 contains the tnpublshed decisions of the Supreme Court from March 146 to February 1952 while Volume 2 has the March 2, 152 to March 30, 1954 unpublished decisions. Court Adsance Decisions (SCAD) - This is prepared by the Legal Editorial Stat of Rex Book Store, Inc. It publishes all decided cases promulgated by the Supreme Cour. It started ‘with Vol containing decisions and resolutions ‘ofthe Supreme Court in May 1999 and its latest ‘volume is Volume 144 containing SC decisions from February 21~ March 1,200. The SCAD is published monthly, immediately after the ‘decisions are promulgated, the practitioners and the students have ready access to the latest available decisions rendered by the Supreme Court Supreme Court Excerpts (SCEX) ~ This book published by Rex Book Store. The Book attempts fo combine the strengths of the various publications containing 410 Supreme Court Srcerpis extracted from 304 Supreme Court ‘decisione and resolutions promulgated from \ChwereR VI: CASE LAW | 130 ‘Summary of Supreme Court Rulings — This is ‘authored by Atty. Daniel T. Martinez and by Central Book Supply, Inc. This ‘work aims to provide the law students expecially those who are preparing to take the ‘Actions Workmen's Compensation: Vol. 5, January-April 1962 Bight Bar Subjects; Vol. 6, May-August 1992: Eight Bae Subjects, eS rk tho conte Chal Lain Sap and tai aes Sent by the Sptene Cou nvling the y= Vat Hom Fob 180 to ‘pal e942 om Ape 158 ese 19, 5 on, The PCGG Reporter ~ This book is likewise authored by Rafe Rodriguez which conaine Se dlecsons fvelving the Philippine Commision on Good Government (FCG) starting fom he frst cae of Guz, J ¥- POGG, May 27 1986 up to Romualdezy-Sandiganbayan May 16,1985,440 | AGUDE 10 PHPPRELEGAL HEORUATION ~ Decisions of the Court of peas ‘The Court of Appeals serves as our intermediate appellate court, As to whether the decisions of this tribunal shal ‘constitute precedents, the Supreme Court of the Philippines, in the case of Miranda v. Imperial hel: “Only the decisions ofthis Honorable Court establish jurisprudence or doctrines in the jrsdiction. However, this does not prevent that a conclusion for pronouncement of the Court of Appeals which covers a point of law sil undecided in our urgprudence may serve as juridical guide to the inferior courts, and that such conclusion fF pronotncement be raised asa doctrine if after it has been | fubjected to tet in the crucible of analysis and revision, this Supreme Court should find that it has merits and qualities ‘sufficient fr is consecration a a rule of jurisprudence.” Following are the publications for cases decided by the ‘Court of Appeals. 1 Appellate Court Reports ~ The decisions ofthe Court fof Appeals ‘were originally published inthe ‘Appellate Couns Reports by the Court Reporter. ‘Although preparations were completed for the publication of the Reports, only two volumes were Telessed. The first was Vol. I, embracing the decisions ofthe appellate court from February 29, 11906 to December 28,1936. The other was Vol. VII, covering the period from January 8, 197 to June 30, 1917, 2. Adoance Sheets ~ Decisions of the Court of Appeals. hhad been published in advance sheet starting January, 1960, but tis practice was discontinued in 1968. ‘3. Offical Gazette ~ When the Court deems a decision or resolution to be sufficient importance to require ‘chwpren VI Case Law | 144 ‘publication, the Cletk of Court furnishes a certified copy ofthe decisions of thereporter who prepares a syllabus for each case to be published with the ‘cooperation of the author of the decision and is responsible for its publication in the Official ‘Gazette. Each cae is published inthe language itis originally writen 4 Court of Appeals = This set of reports ‘containing decisions of the Court of Appeals has 25 ‘volumes from 1961 to 1980. Its fist volume contains decisions rendered in 1961. The last volume was Volume 25. This eet has the same features as those ofthe Appellate Court Reports. [5 Court of Appeals Reports Annotated - This publication contains selected decisions ofthe Court of Appeals. Itis compiled, annotated and edited by the editorial staff of the Central Lawbook Publishing Co, Inc. volume 2has the January to June 1987 decisions. Is Intest volume is Vol. 9 containing July-December, 1990 decisions. ‘The Sandigantayon a collegiate tril court established by the Constitution to try crimes by public officers, published the ‘Sendiganbayan Reports in 1980, which contained its decisions from December 1979 to February 1980. However, this was not succeeded by other volumes. Decisions of the Court of Tax Appeals ‘Under Republic Act No. 1125, the Court of Tax Appeals was established, with exclusive appellate jurisdiction over tax and ‘customs cases. Republic Act No, 1125 was amended. by Republic Act No. 9282 which expanded CTA’s jurisdiction and clevated the court’ rank tothe level of the Cour of Appeals.‘The Tax Court is directed by law to provide for the publication of its decisions in the Official Gazette in such form fand manner as may best be adopted for public information and Cour of Tx Appeals Digest of Customs and Rest Property ‘Tax Cae (1979) and Court of Tax Appens Digest of ner! Revenue Cade (1971) by Colon are pubieations on cases ofthe cra Decisis ofthe Regional Trial Courts ‘Theit decisions have not been published in official reports orn books of secondary authority, Its judgments on matters of evidence is usually respected, although there have been rare ‘moments when ts opinion on points of law have been cited for persuasive influence, In order to secure a copy of decisions from this court, one has to request from their respective sala © Courts end Municip! Cia Trial Curls ‘Their decisions have likewise not been published in any official report or publiation. The respective courts themselves are the ‘only places where thelr decisions are found. «= Subordinate Decisions = The Senate_Electoral_Tribunal_and_ the Howse of Represents Electoral Tribunal ‘The 1987 Constitution in Section 17, Article VI, provides that the Senate and the House of Represeniatives shall each have an “lectoal Tribunal which shal be the sole judge ofall contests ‘lating to the election, returns, and qualifications of their respective Members. ach Electoral Tribunal shall be composed fof mine Members, three of whom shall be Justices of the ‘cuweren Vincase Ln | 149 ‘Supreme Court tobe designated by the Chief of Justice, andthe remaining sx shall be Members of thé Senate or the House of “Representatives asthe case may be, who shal be chosen on the basis of proportional representation from the political parties and the partes or organizations registered under the party-list system represented threin. The senior Justice inthe Electoral ‘Tribunal shall be its Chairman. The House of ‘has published its Hlectoral ‘Tribunal Proceedings in Its publications, titled HIRED Reports: Final Orders, Resolutions, and Decisions in seven volumes. -Adinisatve Agencies Exercising Ques-udicel Powers 4. Agencies with express quasijudicial powers ‘These are agencies which are actually given judicial functions over cases which would otherwise {0 to the regular courts of justice were it not for the ‘rant of such powers to these agencies. They are sometimes characterized with specific appeal procedures under the law. These are the Insurance Commission, the National Labor Relations Commission, Commission on Elections, Commission on Audit, Employees’ Compensation Commission, Civil Aeronautics Board, and other similar agencies 2 Agencies with implied quasi-judicial powers. These are agencies mostly with investigative functions, In fac ll agencies may be said to enjoy implied quasi-judicial powers. Just to name a few ‘examples, these are the Department of Foreign ‘Afais, the Commission on Immigration and Deportation, the Oifie ofthe President, Secretary of Justice, National Wages Council, Philippine Patents{144 | AGUIDE To PHLPPRE LEGAL INFORMATION CwerER VI CASE LAW | 145, ‘Commission, Professional Regulatory Commission @) Cite compound names in fall land the Tanedbayan. ? Examples: People o. De a Cr not People v. Dea Cruz Abd Santos. Auditor Geren not Santos v. E Gitation of Case Law Reproduced hereunder with permission from the author, ‘uit General Myra § Feliciano, ae portions of Philippine Manual of Legal Galeos-Vadehuesa x. Republic not Valdehuest v. Giations Republic 1 Case Names (@) Always ce names of corporations, ‘a. General Rule Cite cases by giving the surname of the parties, the volume, le and page of reports and the year of promulgation in parenthesis. Abbrevate versus or ‘ontra asv, When used inthe text underscore the tile ofthe case (f printed, italicize) and place the source or citation in he footnote. Beample: Ariaga.Jvllana, 92 Phil 390 (1952). 1f two or more actions are consolidated in one decision, cite only the ist liste. 2. Exceptions (Q) Cite Islamic and Chinese names in full. As to those with Christian fist names, follow the general rule, Bxamples: Lim Sian Tek Ladino! Lim v.Laislo ‘long. Dizon no! fseph Wong v. Dizon Una Kiba v. Commission on Elections not Kiba 2. Comision Elections ‘associations, business firms and partnerships in fall. Words forming pert of ‘such names may be abbreviated, except the fist word. Examples: ‘Mate. Rita Legend, Inc. “Allie! Workers Ass'n. of the Phi. x. Republic Trading Corp. (@) Cite cases involving the Government of the Philippines and the crminal cases as follows: a . Fi (Commonwealth v Republic v. us ¥ ¥. + depending upon the tite ofthe case Bxamples: Government. Abadinas rare. Comins US, rane People. Santos