Chapter 1

Introduction

Generating Legal Issues

 Most things we do implicate the law (i.e. in vehicular accidents, law determines the
liabilities attached)
 Laws govern the acts of government leaders and regulate conflicts among the
branches of government
 Much of what is read may no longer be “good law” or no longer the prevailing rule
as the generation and interpretation of law is an on going process
 Resolution of issues = marshaling sources of law to determine what the law is on the
specific issue raised

Legal Method
 Often called legal writing, lawyering skills, or legal process
 Basics of legal analysis
o How to read and think about the law, how to do legal research, and how to
do legal writing
 Legal Method differs in different legal systems
 NOT concerned with the principles, doctrines, and rules comprising substantive law
in a specific field
 Concerned with the methodology used, principally by courts, to create, elaborate,
and apply that substance
o Tools and training needed to use these tools
 Illustrates what law is and how it is formed and shows that life situations and social
settings influence the law through the intellectual efforts of attorneys, legislators,
and judges
o All play a role in determining the law’s content
 Legal Method vs. Statutory Construction
o Latter is the art or process of discovering and expounding the meaning and
intention of the authors of the law with respect to its application to a given
case  could be doubtful since given case is not explicitly provided for in
the law
o Interpretation of statutes is one aspect of legal method
 Legal Method vs. Legal Bibliography
o Latter is development of skills in the use of legal materials and the law
library
 Questions on the nature of law  Legal theory
 Evolution of laws and the legal system  Legal History
 Chapter 2
Philippine History And The Legal System
A Hybrid System
 Philippine legal system today  mixture of civil law and common law regimes
o Inevitable outcome of the successive colonization of the country by Spain
and the United States
o Introduced largely in Asia through colonization
 Common law
o Introduced in the British colonies (applies today in territories such as
India, Malaysia, and Singapore.
o Based on judge-made law, developed on a case by case basis
o Legislation main source of law, but case law is historically and
theoretically the backbone
 Civil Law
o Introduced by the French and Dutch in territories like Indochina and
Indonesia
o Have comprehensive written codes, designed to cover every area of law
o Legislation main source of law; jurisprudence plays a secondary role to
codes and statutes
 Codes  govern the area primarily in the area of private law
 Statutes  predominate public law
 Legal System in the Philippines mixture of (fusion of legal traditions):
o Islamic Law
 There is an acknowledgement and acceptance of the existence of
customary laws that may have controlling force in certain
situations
 Autonomous regions
o Indigenous systems
 Indigenous People’s Rights Act
 Spanish version of the Roman law replaced many indigenous
regulations, but to avert native resistance, the colonial gov’t
allowed indigenous people to retain laws that did not conflict
with Spanish traditions
o Spanish civil law
 Dispute resolution system
 gobernadorcillo  mediate and resolve conflicts;
jurisdiction over civil cases)
 alcades mayors  where appeals were brought;
handled initial criminal cases and civil suits involving
large sums
 Audiencia Territorial de Manila  final appeal (SC)
o American common law
 Gradual shift towards common law, while permitting certain
aspects of Roman law and indigenous traditions to continue
 Initially permitted the Spanish court system to remain essentially
untouched (changed highest court of appeals to US SC instead
of Spanish Council of Indies)
 Introduction of judicial system similar to the United States
 No overhaul but gradual decay of Spanish civil law
Muslim Autonomy
 Creation of autonomous regions meant to accommodate the demands of Muslims
for meaningful autonomy in the governance of their affairs
 Cordillera area too (failed)
 Conflict rooted in history
o Displacement of millions of indigenous peoples + legal regime imposed
by Spanish and American colonizers that did not recognize private
ownership rights of indigenous communities
o Law sanctioned land grabbing (for military, land reform, etc.)
The Philippine Supreme Court In History
 Pre-Marcos Supreme Court
o One of the world’s most independent important and prestigious Supreme
Courts
o Had the respect and confidence of the Philippine people
 Post-Marcos Supreme Court
o Regarded as subservient to the president and timid
 1987 Consti
o established expanded power of judicial review
o strengthened the judiciary to prevent its subservience to the other branches
of government
o Present constitution contains provisions that promote the independence of
the judiciary
o Introduction of the JBC
Branches of the Government and the Judicial Power
 Judicial power vested in the SC and such lower courts as may be established by law
 Presidential type of government that distributes power among three co-equal
branches (essential to the separation of powers)
o Chief characteristics of the Constitution
 Separation of powers may be violated when one branch of government interferes
impermissibly with the other’s performance of its constitutionally assigned function
:
o Impermissible interference of another branch’s functions
o Assumption of another branch’s functions
Judicial Hierarchy
 First Level
 o Metropolitan Trial Courts (MeTC)  En banc or divisions of 3, 5, and 7
 created in every metropolitan area  Court of last resort
o Municipal Trial Courts in Cities (MTCC)
 every city not in metropolitan area The Separation of Powers
o Municipal Trial Courts(MTC)  Each of the three branches of government has exclusive cognizance of and is
 each of the other cities or municipalities supreme in matters failing within its own constitutionally allocated sphere
o Municipal Circuit Trial Courts (MCTC)  Principle of non-delegation  “what has been delegated cannot be delegated”
 each circuit compromising such cities and/or municipalities as  Judiciary does not create, but interpret the law
grouped by law  Allows the “blending” of some of the executive, legislative, and judicial powers in
o Shari’a Circuit Courts one body
 established in Islamic regions and provinces to interpret and  Does not prevent one branch of government from inquiring in the affairs of the other
apply the Code of Muslim Personal laws (PD 1083) branches to maintain the balance of power
 Second Level  Ensures that there is no encroachment on matters within exclusive jurisdiction
o Regional Trial Courts
 Est. in each of the 13 regions in the Philippines ADJUDICATION AND THE IDENTIFICATION OF RULES
 Composed of several branches
 Act as trial courts; receive evidence President can issue the ff:
 Exercise appellate jurisdiction over 1st level (except Sharia)
 Executive orders
o Shari’a District Court o Rules of a general or permanent character in execution of constitutional or
 Third Level statutory powers
o Court of Appeals
 Administrative orders
 23 divisions of 3 members each o Relate to a particular aspect of government operations
 review cases elevated to it from RTC and quasi judicial agencies
 Proclamations
 review death penalty cases as well as Ombudsman decision in
o Declaring a status or condition of public moment
administrative disciplinary cases
 Memorandum Orders
 collegiate court; sits en banc for the purpose of administrative
o Matters of administrative detail or of subordinate or temporary interest
and non-adjudicatory functions.
(particular office)
 Basis of record, but may also receive evidence
 General or Special Orders
o Sandiganbayan
o Commander in Chief of AFP orders
 Anti-graft court that tries public officers (including co-accused
private persons) including civil liabilities attached
 Presiding Justice and 14 Associate Justice
 5 divisions of 3 justices each
 decisions may be directly appealed to the Supreme Court
o Court of Tax Appeals
 Presiding Justice + 5 Associate Justices
 En banc or in 2 divisions of 3 justices each
 Exclusive jurisdiction to review appeal on tax decisions
o Shari’a Appellate Court
 Original jurisdiction over petitions of CPMH; appeallate
jurisdiction over Sharia district court
 Yet to be organized  CA with Muslim Justice
 Fourth Level
o Supreme Court
 Chief Justice and 14 Associate Justices
 Chapter 3
The Constitution and Its Construction
What is the Constitution?
 Set of fundamental laws for the governance and administration of a nation
 Supreme and absolute; unalterable except by the authority from which it emanates
 Fundamental and paramount law of the nation
 Prescribes the permanent framework of a system a system of government
 Assigns to the different departments their respective powers and duties
 Established certain fixed principles on which the government is founded
 Basic law to which all laws must conform to
 Expression of the sovereign will and governs the resolution of constitution issues
Constitutional Construction (Laurence H. Tribe)  modes of interpretation
 Textualism
o Narrowly parsing the text of the document; examining the words alone
o Text is primary and ultimate authority of interpreting; anything contrary to
it will not stand
o Nevertheless, text is not exclusive; words may be ambiguous, not
definitive, or self-contradictory
o Textualism risks freezing of the Constitution in an earlier century and
rendering it obsolete
o Close attention to linguistic context is needed  how words were used, Philippine Setting
relevant, does it appear elsewhere
o Reliance on mere text is insufficient
 Structural analysis or “reading across words”
o Looking at the physical arrangement of the Constitution’s text
o Structure what the text shows but does not directly say
 Diction, word repetitions, organizing forms
o Comes into play when the constitutional text is ambiguous or when the
Constitution itself is silent on a particular issue
 Originalism
o Looking at the lawmaker’s intent
o Applying the Constitution in the ways the framer’s consciously intended
o “original intent”
o It would be nonsensical to treat a phrase to mean one thin, when to those
who read or ratified it, it meant something else entirely
o Disadvantages
 Subjectifies ratified text into purely subjective and un-enacted
intentions of a group of people who are long dead
 Focuses on abstract intentions rather than on concrete
expectations
 The framers, drafters, and ratifiers did not always share a single
purpose for the language chosen Words as they are commonly used
 Historical record of such intentional and aims as they did share
is often dramatically inconclusive and at times downright
contradictory.
 Normative and Pragmatic Approach
o Elucidation of meaning thru attempts to discern which interpretation best
accords with the ethos and moral character of the nation
o Has inappropriate subjectivity
 Reliance on stare decisis
o Judicial elaboration of decision doctrine to derive answers to constitutional
questions
o Flexibility
 Has the ability to adapt to changes, where a constitutional text
that the Supreme Court read at one period could be read
differently by a new Supreme Court
 “Corrections” do not revise the underlying constitutional
provision or the structure itself
 Aim is to preserve the basic meaning of the Constitution
o Stability
 Requires judge to follow, and indeed to extend when principled
adjudication so requires
 Combination of above approaches
 Verba legis
o Words reflects objectives
o meaning of the words unclear, courts can rely on extraneous aids of
construction and interpretation
 Francisco v House of Reps (outlined procedure for interpreting the Constitution)
o VERBA LEGIS  give ordinary meaning except when technical terms
are applied
o RATIO LEGIS EST ANIMA  accordance with the intent of the framers
o UT MAGIS VALEAT QUA PEREAT  Constitution interpreted as a
whole
 No one provision of the Constitution is to be separated from all
the others to effectuate great purposes of the instrument
 Court must harmonize
 Fundamental principle of constitutional construction is to give effect to the intent of
framers and the people adopting it
o There is distinction between statutotry construction and constitutional
construction (but SC does not seem to make one)
 When law is clear and free from any doubt or ambiguity, there is no room for
construction or interpretation
  Words should be understood in the sense tat they have in common use and give their
ordinary meaning, except when technical terms are used  if this is the case, then
technical terms will govern.
Prospective Application
 Provisions of the Constitution are to be applied prospectively unless otherwise
provided
Language requires no construction
 Words are plain, clear, and free of ambiguity, it must be given its literal meaning
and applied without attempted interpretation
 Interpretation shall be used where a literal interpretation would be impossible,
absurd, or unjust
 Verba legis non est recedendum, index animi sermo est there should be no
departure from the words of the statute because speech is the index of intention
 Legislature is presumed to know the meaning for the words used, to have used the
words advisedly, and to have expressed its intent by the words found in the statute
Mandatory and directory provisions
 No hard and fast rule
 Case-to-case basis
 Look into nature, structure, and aim of the law to determine legislative intent
 Directory  no consequential rights or liabilities depend on it, no injury results from
ignoring it, and that thepurpose of the legislature can be accomplished in a manner
other than that prescribed when substantially the same results can be obtained
Aids in Interpretation
 In construing ambiguity, courts consider the debates of constitutional convention to
shed light on the intent of the framers
o Intent is not controlling by itself but “the understanding of the convention
helps in explaining the understanding of the people when they ratified it.”
o Deliberations of the Constitutional Commission does not yield absolute
certain interpretation
Statutes and Executive Regulations Not Binding on Courts
 Statutes and implementing rules are entitled great weight in constitutional
construction only as indicators of contemporaneous interpretation
o Interpretation is NOT necessarily binding on courts
o Contemporaneous construction stricter when construing constitution
compared to statutes
Self Executing Provisions
 Not all provisions are immediately operative
 ART II – declaration of state policies; not intended to be self-executing and ready
for enforcement thru the courts
o Used as judiciary as guides in judicial review and by the legislature in its
enactment of laws
 Oposa – Sec 15 and 16 of Art II self executing
 Tanada – some sections in Article XII not self executing
o Do not embody judicially enforceable constitutional rights
 Gamboa vs. Teves – Sec 11 Art XI (reserving to the Filipinos specific areas of
investment is self-executing (no need for legistlation)
 Manila Prince vs GSIS – provision which lays down a general principle, (ART II)
usually not self executing
o Provision which is complete in itself and becomes operative without the
aid of supplementary or enabling legislation (or that which supplies
sufficient rule by means of the right it grants may be enjoyed or protected,
is self-executing.
o Constitutional provision is self executing if 
 Self executing, if the nature of the right it grants and the liability
imposed are fixed in the Constitution itself (no language that it is
to be referred to subsequent legislation)
o ART XIII, Sec 3, not self Executing
o Sec 19, Art II mere declaration of principle, which is not self executing,
used as judiciary as guides in the exercise of judicial review and by the
legislature in its enactment of laws
 Unless it is expressly provided that a legislative act is necessary to enforce a
constitutional mandate, all the provisions of the Constitution are presumed to be
self-executing
o Not doing so would allow legislature to curtail fundamental power of the
land
 Chapter 4  Grave violation of the constitution
Judicial Review  Situation has exceptional character and paramount public
interest is involved
Power of judicial review = power to declare a law, treaty, international or executive  Constitutional issue raised requires formulation of controlling
agreement, presidential decree, order, instruction, ordinance, or regulation unconstitutional principles to guide the bench, bar, and the public
 Vested in the courts, including RTC  Case is capable of repetition but has evaded review

Through the power of judicial review, the judiciary enforces and upholds the Supremacy of the  Standing; personal and substantial interest, he will sustain direct injury as a result of
Constitution its enforcement (proper party)
o Locus standi – personal and substantial interest in the case such that the
Origins and Constitutional Basis party has sustained or will sustain direct inury as a result of the
 Court has been given the power to review discretionary acts of the political branches governmental act that is being challenged
of government o One who has sustained or is in immediate danger of sustaining an injury as
 Assigned broader powers under the 1987 Constitution as a consequence of the a result of the act complained of
judiciary’s subservience under the Marcos regime  Questions of constitutionality must be raised at the earliest possible opportunity
o Always avoided confrontation with Marcos by invoking the political (Earliest Opportunity)
question doctrine o Question of constitutionality should have been immediately raised in the
 Judicial power includes the duty of courts of justice to settle actual controversies proceedings in the court below
involving rights which are legally demandable and enforceable o Does not mean has to be raised after the act
o Determine GAD  Issue of constitutionality must be the very lis mota of the case
 Angara vs. Electoral Commission  judicial review is indeed an integral component o Should be the threshold issues  “cause of the suit”
of the system of checks and balances o Arises from the presumption of validity
 Expanded certiorari jurisdiction  GAD
o Meant to address previous cowering behind the political question doctrine Effect of Declaration of Unconstitutionality
 Political questions – those which are to be decided by the people in their sovereign  GR: unconstitutional act is not a law,; confers no rights, imposes no duties, it affords
capacity, or in regard to which full discretionary authority has been delegated to the no protection, it creates no office
legislative or executive branch of government  Note: doctrine of operative fact
o 1987 Consti limits the resort to the political question doctrine and  Seperability clause – lack of such does not raise a presumption against unsperability
broadens the scope of judicial inquiry
o Nevertheless, there are still areas beyond judicial review
 Pres. Recognition of a foreign government
 Set aside a presidential pardon
 Amend the Consti in the guise of resolving a dispute
 Grave Abuse  capricious or whimsical exercise of judgment that is patent and
gross as to amount to an evasion of political duty or a virtual refusal to perform a
duty enjoined by law, or to act at all in contemplation of law, as where the power is
exercised in an arbitrary and despotic manner
Requisites for Judicial Review
 Actual case or controversy calling for an exercise of judicial power
o Existing case or controversy that is appropriate or ripe for determnitation,
not conjectural or anticipatory
o Does not include hypothetical situtations
o A court might initially assume jurisdiction over a case but may be forced
to dismiss the same because the issues therein have become moot ,
UNLESS: