LEGAL RESEARCH REVIEWER
 services.

The usual stakeholders here are lawyers,

judges, clerks of court, court researchers,,
I. Legal Research prosecutors and paralegals.

Legal Research - concerned with the process of Legal research is also heavily used by human
providing information to a query. It is principally resource managers, marketing and sales managers,
concerned in gathering information- be it a decided law enforcement officers, medical practitioners,
case, a provision of law, or an administrative writers and journalists to mention a few.

issuance- that would provide illumination to a

pending issue.
Political Structure
The Philippine political structure is composed of
Considered as practice of law, legal research three equal and coordinate branches of government
involves the application of legal knowledge and —the executive, legislative and judiciary.

expertise in providing an answer to a question

posited before it and supported by authoritative 1. Executive Branch - refers to that branch of
sources.
government that applies the law. This branch is
headed by the President. Under the President is
Others define it as the process of locating an the Vice-President and the Cabinet Secretaries.

answer to an unknown legal question or the

determination that the legal inquiry presented is a Doctrine of Qualified Political Agency - the
novel question that has not been decided, President discharges his functions as chief
deliberated or enacted upon. It simply finds, executive officer and commander-in-chief of the
highlights, and annotates the law.
country through his Secretaries who run the
respective departments. The President shall control
Application of Legal Research all the executive departments, bureaus and offices.

Its application is as numerous as the demands of its
stakeholders. While legal research is normally
applied and used in the practice of law, it is also
applied in fields outside the halls of justice.
and through executive departments, it is but
1. Ordinary Businessmen - they may require legal
re s e a rc h i n t o t h e r a m i fi c a t i o n s o f t h e
introduction of a new product such as a drug or
a proprietary software.
Executive, are presumptively the acts of the Chief
- This is a principle in political law that since the
multifarious executive and administrative
functions of the Chief Executive are performed by
necessary that the acts of the secretaries of
departments when performed and promulgated
in the regular course of business or unless
disapproved or reprobated by the Chief
Executive.

*Maceda law, doctrine of corporate fiction, doctrine

of piercing the veil of corporate fiction
- The cabinet secretaries are considered the alter-
ego of the President, since he cannot
Inventions - Patent, Brand - Trademarks/Trade singlehandedly administer various governmental
Name, Books - Copyright
functions. Exception: Ultra-Vires Acts which are
done outside the scope of their authority

2. Employers and Managers - may require legal

research into the propriety of a new office policy 2. Legislative Branch - refers to that branch of
vis-a-vis sexual harrasment and non- g o v e r n m e n t t h a t m a k e s t h e l a w. T h e
discrimination in the workplace.
Constitution vests legislative power in a
bicameral Congress of the Philippines. This is
3. Doctors and medical professionals - may require composed of two chambers- the Senate or the
legal research into the consequences of medical upper house and the House of Representatives
malpractice.
or the lower house.

*Doctrine of Informed Consent

The Constitution is the shore of legislative authority
*Captain of the Ship Doctrine - is the legal doctrine against which the waves of legislative enactment
which holds that, during an operation in an may dash, but over which they cannot leap.

operating room, a surgeon of record is liable for all

actions conducted in the course of the operation.
The power of Congress to enact legislative
4. Politicians and legislators - may require legal
research into the effect of a new law or a new
measures is plenary in nature; meaning, it can
legislate laws and even amend, modify or repeal
existing laws enacted by a previous Congress.

regulatory measure.

The growing complexity of our society and

In sum, legal research has its uses and application government structure has revolutionized the powers
in almost every field imaginable and is not limited as and duties of the legislative body such that its
a suport service to the practice of law.
members are no longer confined to just making
laws— they can perform such other functions,
Target Audience which are, strictly speaking, not within the ambit of
the traditional legislative powers.

Legal research is used by anyone who has a legal

The essence of the legislative function is the
question that needs a legal answer.

determination of the legislative policy and its

formulation and promulgation as a defined and
Legal research is principally used by those in the
binding rule of conduct.

legal profession or in the field of legal support

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 2. A personal and substantial interest of the party
Congress is empowered to define what acts or raising the constitutional question;

omissions shall constitute a crime and to prescribe 3. The exercise of judicial review is pleaded at the
punishments therefor.
earliest opportunity

3. Judiciary - that branch of government that This should not be taken to mean that the question
interprets the law, represented by the Supreme of constitutionality must be raised immediately after
Court. The Supreme Court consists of a Chief the execution of the state action complained of.
Justice and 14 Associate Justices.
That the question of constitutionality has not been
raised before is not a valid reason for refusing to
The Constitution is a definition of the powers of the allow it to be raised later.

government. It provides for the instrumentality of

the judiciary as the rational way of determining the 4. The constitutional question raised is the very lis
nature, extent and scope of such powers.
mota of the case

The Judiciary applies the law. If there is ambiguity in Justiciable controversy - involves a definite and
the law, it must interpret the law.
concrete dispute touching on the legal relations of
the parties having adverse legal interest.

If the law is vague, the court must interpret not only

the letter of the law but also determine the intention 3 Constitutional Commissions:
of the framers of the law.

1. Civil Service Commission - serves as the

When the judiciary mediates to allocate
constitutional boundaries, it does not assert any
superiority over the other departments; it does not
in reality nullify or invalidate an act of legislature, but
only asserts the solemn and sacred obligation
human resource agency of the entire Philippine
bureaucracy tasked with the formulation,
monitoring and implementation of quality
standards in public service based on a merit
system.

assigned to it by the Constitution to determine

c o n fl i c t i n g c l a i m s o f a u t h o r i t y u n d e r t h e The civil service embraces all branches,
Constitution and to establish for the parties in an subdivisions, instrumentalities and agencies of the
actual controversy the rights which that instrument government, including government-owned or
secures and guarantees to them.
controlled corporations with original charters.

Doctrine of Judicial Supremacy - the power of Since public office is a public trust, appointments in
judicial review under the Constitution.
the civil service shall be made only according to the
merit and fitness to be determined, as far as
Judicial power - such authority and duty of courts practicable, and except to positions which are
of justice to settle actual controversies involving policy determining, primarily confidential, or highly
rights which are legally demandable and technical, by competitive examination.

enforceable and to determine whether or not there

has been a grave abuse of discretion amounting to Exception: Highly confidential government positions
lack or excess of jurisdiction on the part of any which need to be personally appointed by the
branch or instrumentality of the government.
Presidnet

Judicial power, by its nature, is the power to hear Although public servants are protected from
and decide case pending between parties who have removal or suspension without just cause, they are
the right to sue and be sued in the courts of law and however prohibited from engaging directly or
equity.
indirectly in any electioneering or partisan political
campaign. The Constitution mandates that the CSC
The judiciary is nonetheless vested with the power shall establish a career service and adopt measures
to annul acts of either the legislative or the to promote the morale, efficiency, integrity,
executive or both when not conformable to the responsiveness, progressiveness and courtesy in
fundamental law.
the civil service.

The doctrine of separation of powers imposes upon
the courts a proper restraint, born of the nature of
their functions and of their respect for the other
departments, in striking down the acts of the
legislative and the executive as unconstitutional.
conducive to public accountability.
The CSC is also mandated to strengthen the merit
and rewards system, to integrate all human
resource development programs for all levels and
ranks, and to institutionalize a management climate

Sec. 5(1), Art. VIII of the 1987 Constitution- The 2. Commission on Elections - is charged by the
Supreme Court shall have the power to exercise Constitution to implement and enforce election-
original jurisdiction over cases affecting related laws as well as oversee and conduct the
ambassadors, over public ministers and consuls, electoral process.

and over petitions for certiorari, prohibition,

mandamus, quo warranto and habeas corpus.
T h e p re s e n t C o n s t i t u t i o n u p g r a d e d t o a
constitutional status the aforesaid statutory
Requisites for the courts to exercise their power authority to grant the Commission broader and
of judicial review: more flexible powers to effectively perform its
duties and to insulate it further from legislative
1. An actual and appropriate case and controversy intrusions.

exists;

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 - It envisions an independent Commission on
Elections committed to ensure free, orderly, honest,
peaceful and credible elections and to serve as the
guardian of the people’s sacred right of suffrage—
the citizen’s vital weapon in achieving and
promoting political stability.
Code of 1987 requires every rule adopted by an
3. Commission on Audit - is the government’s
watch dog on the disbursement and use of public
funds. The Constitution specifically vests in the
COA the authority to determine whether the
government entities comply with laws and
regulations in disbursing government funds, and to
disallow illegal or irregular disbursements of
government funds.
Government Libraries and Websites - contain
The COA is the central auditor of the government.
The exercise of the COA of its general audit power
is among the constitutional mechanisms that give
life to the check-and-balance system inherent in a
republican form of government.
of Representatives Library, and the Supreme Court
The COA is also charged with the duty to examine
audit and settle all accounts pertaining to the
expenditures or uses of funds owned by, or
pertaining to, the Government or any of its
subdvisions, agencies or instrumentalities.
Office of the VP - www.ovp.gov.ph
It also has the power to audit non-governmental
entities receiving subsidy from or through the
government.
www.congress.gov.ph
If a branch or instrumentality of the government
does not follow the general principles of accounting
in the conduct of its operations, the COA can issue
notices of disallowances.
Centralbooks stands out in terms of longevity and
• Commission on Human Rights - an
independent constitutional commission with the
primary function of investigating all forms of
human rights violations involving civil and political
rights in the Philippines committed by public
officers.
The latest SCRA is volume 835 covering decisions
The CHR is only given monitoring and reportorial
powers. This means that they still have to seek the
prosecution service and Ombudsman for cases to
be filed in court.
Law schools - a good source for legal materials.
They keep abreast of latest developments in law
and jurisprudence and publish seminal works of
their faculty through their law journals. Some law
schools maintain a database or a repository of case
digests and abstracts of Philippine laws in their
respective libraries.
UP Law Center
Republic Act no. 3870 provides that to enhance the
facilities of the UP Law Center, no book, treatise or
other literary work on law shall be deemed entitled
to copyright protection as provided in the Copyright
Law, unless in addition to the requirements therein
prescribed, two copies thereof shall have been
previously filed with the UP Law Center, free of
charge and on request, with at least one copy of
each decision, resolution, regulation, bulletin or
report promulgated or published by such agencies
in the regular course of business.
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- The materials thus gathered shall be open to all
researchers, whether in the government service
or otherwise.
Sec. 4, Chapter 2, Book VII of the Administrative
agency to be filed with the UP Law Center to be
effective.
- However, interpretative regulations and those
merely internal in nature regulating only the
personnel of the government agency and not the
public need not be filed with the UP Law Center.
books and other materials related to laws,
jurisprudence and other materials necessary for
one’s legal research.
ex. National Library, the Senate Library, the House
Library
• National library - www.nlp.gov.ph
• Official Gazatte - www.gov.ph
• Office of the President - www.president.gov.ph
•
• Senate - www.senate.gov.ph
• House of Representatives -
• Supreme Court - www.judiciary.gov.ph
Publishers
number of publications. It is the publisher of the
Supreme Court Reports Annotated which reports
out all the decisions of the Supreme Court. It is, for
all intents and purposes, the de facto reporter for
Supreme Court decisions.
of the Supreme Court until August 2017 (Behind 2
years)`
Official Gazette
The Official Gazette is the country’s official journal
and publication. This is where laws are published
before they can be enforceable.
- Art. 2 of the Civil Code, as amended by E.O 200 -
Laws shall take effect 15 days following the
completion of their publication in the Official
Gazette, or in a newspaper of general circulation
unless it is otherwise provided.
Tañada vs Tuvera - there is much to be said of the
view that the publication need not be made in the
Official Gazette, considering its erratic release and
limited readership.
II. Sources
(1) Republic Acts- the enactments of Philippine
Congress known today as. These Republic Acts are
numbered according to the sequence in which they
were passed and signed into law by the President.
The point in reckoning the number of the law is
when it is signed or lapsed into law.
 Executive Branch of government which totally
(2) Presential Decrees - Some of our codes are reorganized the entire Philippine bureaucracy.

products of Presidential Decrees. Our Labor Code

and current Corporation Code are examples.
• The 1973 Constitution - ‘Marcos-inspired
(3) Commonwealth Acts have been dwindling in
number owing to the fact that Congress has been
revisiting these old laws and passing new ones in
constitution’; This constitution had its fair share
of birth pains as can be gleaned from the
sensational nature of cases that the Supreme
Court had to resolve regarding its validity.

their stead.

• The 1935 Constitution - strongly patterned after

(4) Decisions of the Supreme Court interpret how the US constitution, by act of Congress popularly
a law is applied. These are referred to as known as the Tydings-McDuffie Law.

jurisprudence. We rely on jurisprudence for the

proper interpretation of a law.
3 Distinct Steps for the Adoption of the
Constitution:
- Jurisprudence has the force and effect of law.
Sometimes laws are tested on novel cases and - The drafting and approval of the Constitution by
we need the High Court to determine how it is to the constitutional convention authorized to be
be appreciated and applied in certain cases.
called under the Act

- The certification by the President of the United

- It is elementary that the interpretation of the law States that the constitution so drafted and
by the Supreme Court constitutes part of the law approved conformed with the provisions of the
from the date it was originally passed, since the same Act

Court’s construction merely establishes the - The ratification of the constitution by the people
contemporaneous legislative intent that the of the Philippine Islands at an election or
interpreted law carried into effect.
plebiscite called for the purpose of ratifying or
rejecting the same.

(5) The Philippine Constitution — sometimes

referred to as the law of the land.
The 1935 Constitution only deviated from its
American counterpart on several aspects such as
The 1987 Constitution expanded the scope of adopting a unitary form of government rather than a
legislative power to include laws carried through federal system and local government units were
initiative and referendum, a feature that was absent subservient to the control and supervision of the
in the previous constitutions.
central government in Manila.

Comparison of the Different Constitutions:

The 1935 Constitution served as the fundamental
basis for an independent Philippine government
• The 1987 Constitution - President Aquino opted from 1946-1973.

to appoint delegates to the Constitutional

Commission instead of an election due to time (6) Statutes:
and logistical constraints.

All statutes, including those of local application and

The Commission was divided into fourteen (14) private laws, shall be published in the Official
committees and submitted the final version of the Gazette as a condition for their effectivity, which
Constitution on 15 October 1986. This proposed shall begin fifteen days after publication unless a
consitution was approved by the people by different publication date is fixed by the legislature.

plebiscite held 2 February 1987 and took effect on

11 February 1987.
Presidential decrees and Executive Orders
promulgated by the President in the valid exercise
An outstanding feature of the Constitution is the of delegated legislative powers, as well as
expansion of the democratic space giving the administrative rules and regulations enforcing or
people greater power to exercise their sovereignty.
implementing existing laws pursuant to a valid
delegation are covered by this rule.

The sovereignty of our people is the primary

postulate of the 1987 Constitution and is more How are laws made?
people-oriented as it is borne out of the 1986
People Power EDSA revolution.
1. Filing of a bill by the lawmaker

2. First reading - where the title is read in plenary

• The 1986 Provisional Constitution - more and referred to the appropriate committee.

popularly known as the ‘Freedom Constitution’,

adopted by virtue of Proclamation No. 3 At the committee level, the bill is scrutinized
promulgated on 3 March 1986 by President through public hearings where arguments by
Corazon Aquino.
advocates and those in opposition of the measure
are heard.

The 1986 Freedom Constitution is civilian in

character, revolutionary in origin, democratic in After the public hearings are terminated, a
essence, and transitory in character.
Committee report is then prepared and transmitted
to the floor for second reading.

One of its notable features was the abrogation of

the legislative provisions of the 1973 Constitution as 3. Second reading - the bill now goes through what
well as substantial modifications regarding the is called sponsorship, interpellation and
amendments.

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 When researching on a law, one needs to take
Sponsorship - where the essential and salient into consideration the following:
features of the bill are presented as well as to
underscore the rationale for the bill’s enactment.
1. Legislative History

Period for interpellations - where debate over the This refers to the life of a particular bill from the time
bill takes place. This is where arguments of it was fled until such time as it is signed into law.
lawmakers in opposition to and those in favor of the This history is contained in a document prepared by
bill’s passage are heard.
the Bills and Index Service of both chambers.

Period for amendments- divided into two stages— Even if a bill does not become a law, its legislative
the committee amendments and individual journey through the legislative mill is documented
amendments.
and stored in the legislative archives.

• Committee amendments - are those formulated The legislative history can aid the researcher in
by the Committee or Commitees that reported looking for the minutes or records of the
out the bill. Said amendments are usually deliberation.

included in the Committee Report.

2. Minutes of Committee Meetings

• Individual amendments - amendments proposed

by the individual legislators in plenary session. This refers to a transcription or records of the
Such amendments may or may not be accepted deliberations made during the committee hearings.
by the sponsor of the bill.
This provides insight as to how a particular bill is
revised and finalized at the committee level.

If a deadlock ensues, a division of the house will be

called.
The minutes would reveal the position or arguments
espoused by various stakeholders who would be
affected by the proposed legislative measure.

4. Third Reading - where the bill is again read.

It provides, at the earliest instance, for the basis of

5. Transmittal of the approved bill to the Senate for the legislative intent behind any legislative measure.

its concurrence

3. Committee Reports

6. Bicameral Conference

A committee report is a formal statement by a

In the event that the other chamber has a similar bill committee on a bill referred to it.

and the two (2) measures, Senate version and HOR

version have conflicting provisions, a Bicameral It contains the bill as prepared by the committee for
Conference will be constituted in order to thresh out consideration by the members of Congress in
the conflicting provisions in both bills.
plenary as well outlining the reasons for the way the
provisions of the bill were crafted.

7. Transmittal of the Bicameral Conference

Committee Report to both houses of Congress for It is through this document that a researcher may
approval
infer as to the rationale for the overall crafting of the
bill as well as the rationale behind its individual
A Bicameral Conference Committee Report will be provisions.

transmitted to both houses of Congress for its

approval.
4. Bicameral Committee Reports

The Bicameral Report will contain the reconciled This refers to a formal report given by a bicameral
version of the Bill.
committee to both chambers of Congress outlining
and explaining the reasons behind the reconciliation
8. Transmittal of the Bill to th ePresident
of the disagreeing provisions of a bill.

Once passed by Congress, the “enrolled bill”
enacted by both Houses of Congress and certified
by its officials is then transmitted to the Office of the
President for consideration.
of the President.
Such report also contains the actual reconciled bill
for signing by both the Senate President and the
Speaker of the House and subsequently for signing

9. Presidential Action on the Bill

One may see how the disagreeing provisions of the
Senate version vis-a-vis the House version were
If approved by the President, the same is assigned reconciled and the reasons behind it.

an RA number and transmitted to the house where

it originated.
5. Legislative Record

If bill is vetoed, the same, together with a message This may refer to either the Senate record or the
citing the reason for the veto, is transmitted to the record of the HOR. It is a verbatim record of the
House where the bill originated.
deliberations of both chambers in plenary session.

No action = Lapse into a law

It is through this document that one may review the
statements and arguments made by the legislators

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as well as the amendments proposed and accidental omission or neglect which has caused a
accepted.
problem or inconvenience which can be cured. 

6. Legislative Journal
• Latest Decisions - This refer to decisions
promulgated by the Supreme Court within the
This may refer either to the Senate Journal or the current year the research is being made.

Journal of the HOR.

(9) Legal References

A journal is a narrative of the plenary sessions of
Congress—a summary so to speak where the This refer to secondary sources of authority such as
deliberations are reported.
a law dictionary or encyclopedia.

7. Privilege Speeches
Other sources would include law journals and
reviews, legal treatise and annotated works.

This refer to speeches delivered by legislators in a

plenary session dealing either with a question of These sources are used in research as well as in
personal privilege or collective privilege.
decisions of the Supreme Court more often than
not.
(7) Implementing Rules and Regulations
• Law Dictionary - refers to an academic work
IRRs refer to administrative issuances by a which provides definitions to legal terms,
government body or agency that implements the concepts and doctrines. Black’s Law Dictionary

provisions of a law.

• Law Encyclopedia - refers to an academic work

The agency that is tasked in issuing such IRRs is that provides information on legal terms, concepts
usually the one mandated by that very law to and doctrines. It does not only provide definitions
administer and apply it.
of legal terms but at times an explanation of the
legal term in question, its history, cases wherein it
Ex. Bangko Sentral ng Pilipinas (BSP) is usually was applies and other pertinent information.

tasked to issue rules and regulations related to the

implementation of banking-related laws such as the • Law Journals and Reviews - refer to regular
General Banking Act.
publications by law schools and other institutions.
These regular publications contain scholarly
(8) Jurisprudence works of their faculty and students on particular
areas of law.

This refers to the body of decisions promulgated by

the Supreme Court. These decisions interpret
provisions of law as well as resolve actual
controversies that arise from it between parties.
works are often products of scholarship or
• Precedents - This refers to decisions promulgated
• Legal Treatise - refers to scholarly work done by
an expert in that particular field of law. Such
research grants with the aim of enriching our legal
knowledge on that particular area of study.

by the High Court that sets the tone for all other
subsequent similar cases.
• Annotated Works - refer to books written by
members of the legal academe or the judiciary
It usually involves questions of law that are judicially explaining aspects of law within their areas of
determined for the first time. Stare decisis
expertise.

• Landmark Cases - This refers to decisions that (10) Non-Legal Sources

mark a turning point as far as the appreciation
and interpretation of laws are concerned.
This refer to materials that are basically devoid of a
legal nature. It is not a product of a legal process or
In short, such cases introduces either a doctrine or exercise. Examples are news reports, speeches,
reveral of such.
articles, opinions and technical reports.

Non-legal sources provide the social dimension to

• Pro Hac Vice Decisions - This refers to a decision the research.

of the Supreme Court that applies to a particular • News Reports - refer to reports containing general
entity or situation only and may not be applied to information on current events made and
other cases, no matter how similar they may be.
disseminated by news media through print, radio,
television or through the internet.

This cannot be cited as an authority in support of

one’s legal justification. It is also not an ideal • Speeches - refer to formal speeches, either
decision.
prepared or impromptu, delivered by personalities
to an audience, either live or recorded, containing
• Nunc Pro Tunc - Latin for "now for then," this their position, thoughts or arguments to a
refers to changing back to an earlier date of an particular issue.

order, judgment or filing of a document.

• Articles - refer to written expositions or works

Such a retroactive re-dating requires a court order made by personalities containing their views and
which can be obtained by a showing that the earlier arguments regarding a particular issue.

date would have been legal, and there was error,

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• Opinions - refer to personal views expressed by C. Positive Identification- will always eclipse the
certain personalities either through media or defense of alibi. Motive is immaterial if there is
through live meetings or conventions.
positive identification by a witness.

• Technical Reports - refer to collated information of - accused needs to prove that it was physically
a technical nature prepared and disseminated impossible for him to commit the crime.

either by a government or private agency. This

may refer to databases being maintained and D. Elements of Malversation of Funds
updated either by a government agency or a
private entity for purposes of providing the public 1. Demand addressed to the Public Official by the
with general information on specific issues.
City Treasurer to return the said amounts

2. Public official’s subsequent failure to comply

Sequence to use in doing legal research:

E. Witnesses
1. Determine the applicable constitutional
provision
If inconsistencies in their testimonies are only minor
2. Find the laws that applied it
ones, such would not affect their credibility because
3. Identify cases that interpreted it
the spontaneity by which the witnesses tell their
4. Locate non-legal sources that described it.
testimonies is a hallmark of the fact that their
testimonies are not rehearsed.

Other notes: F. GCTA Law

I. Doctrine of Hierarchy of Courts Good Conduct - behavior exhibited by the convict

during his sentence

Metropolitan Trial Court (MeTC), Municipal Trial • active involvement in rehabilitation programs

Court (MTC), Municipal Circuit Trial Court (MCTC), • non-participation of a convict to another crime

Regional Trial Court (RTC) and Court of Appeals

(CA) are statutory courts.
DILG and DOJ penned the IRRs of RA 10592
otherwise known as the GCTA law.
The Supreme Court and Sandiganbayan are
constitutional courts.
IRRs (Implementing Rules and Regulations) should
not expand the coverage of the rule-making power
Court of Appeals - 5 Divisions, 3 Justices
delegated to the agency. Otherwise, such is an ultra
Supreme Court - 3 Divisions, 5 Justices
vires act.

II. Supreme Court The first IRRs of the GCTA law was considered an
ultra vires act because it failed to provide for
Art. 8, 1987 Constitution - Cases where the disqualification grounds. The SC also ruled that the
Supreme Court, under its original jurisdiction, prospectivity of IRRs of the GCTA law is likewise an
should convene en banc.
ultra vires act because it treats of a law of penal
nature and must therefore be retroactive since it is
Art. 8, New Civil Code - Judicial decisions applying favorable to the accused. convicts are also entitled
or interpreting the law shall form part of the legal to the constitutional presumption of innocence.

system of the Philippines.

Penal laws must be interpreted liberally in favor of

III. Labor Cases the accused. The purpose of our penal system is
not incarcerate and impugn, but to rehabilitate.

Requisites for Abandonment:

1. Intention to Abandon
V. Notary Publics
2. Non-response to show-cause letters

1. Must ascertain whether or not all elements of a

IV. Criminal Cases
 valid contract are present;

2. Must see to it that such contract is not contrary

A. Possible Defenses of Accused in a Rape to LPOPPMGC

Case: 3. Must see to it that the object of the contract is

valid and not outside of the commerce of man.

1. Denial

2. Sweetheart Theory
Government issuances need not be notarized.

3. Alibi

VI. Doctrine of Separation of Powers

B. Maria Clara doctrine - is a legal doctrine
applied by Philippine courts regarding cases that
concern abuse against women. PH courts assert a
“well-known fact” that women, especially Filipinos,
would not admit that they have been abused unless
The three branches are masters of their own
spheres. Acts in excess of their circumscribed
authorities or powers are considered grave abuse of
discretion and are unconstitutional.

that abuse actually happened, because it is a

woman’s natural instinct to protect her honor.
VII. Ways a Bill Becomes a Law

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1. The President approves the bill and attaches his The condonation doctrine is based on the 1935
signature thereto;
Constitution and goes against the present charter
2. The President vetoes it, but Congress overrides with regard to honesty and integrity in public office.

the veto;

3. The President’s inaction on the bill.

The Binay case is said to be the last time the
Supreme Court will apply the condonation doctrine.

VIII. Statutes
I. Vinuya vs Romulo
Statutes are the written will of the Legislature
expressed in conformity with the laws of the land.
Doctrine of Political Questions - Those questions
which, under the Constitution, are to be decided by
IX. Cause of Action the people in their sovereign capacity, or in regard
1. Existence of a right
to which full discretionary authority has been
2. Duty of recognition of that right by the delegated to the legislative or executive branch of
defendant
the government.

3. Subsequent violation of that right by the

defendant
- certain types of cases have been found to
present political questions, one such category
X. Locus Standi involves questions of foreign relations.

Legal standing; the right to bring an action, to be
heard in court, or to address the Court on a matter
before. Only a real party in interest can be entitled
to the avails of a suit. If a person’s interest is direct
or material to the case at bar, he has local standi.
creating serious implications for stability in this
The Executive Department has determined that
taking up the MALAYA LOLAS’ cause would be
inimical to our country’s foreign public interest, and
could disrupt our relations with Japan, thereby
region.

XI. Reclusion Perpetua vs Life Imprisonment

The Philippines is also not under any international
Recusion Perpetua - falls under the list of penalties obligation to espouse petitioners’ claims. Since the
given for crimes prescribed under the Revised exercise of diplomatic protection is the right of the
Penal Code. It entails imprisonment for at least 20 State, reliance on that right is within the absolute
years and 1 day to a maximum of 40 years, after discretion of the State, and the decision may be
which the convicted would be eligible for parole.
influence by political considerations other than the
legal merits of the particular claim.

Reclusion Perpectua may carry accessory penalties

which include:
Rape, sexual slavery, torture and sexual violence
are morally reprehensible as well as legally
a. Perpetual of temporary absolute disqualification
prohibited under contemporary international law.
b. Perpetual of temporary special disqualification
But, the Philippines is not under a non—derogable
c. Suspension from public office, the right to vote obligation to prosecute international crimes,
and be voted for, the profession, or calling
particularly since petitioners do not demand the
d. Civil Interdiction
imputation of individual criminal liability but seek to
e. Indemnification
recover monetary reparations from the State of
f. Forfeiture of confiscation of instruments and Japan.

proceeds of the offense

g. Payment of costs
- Absent the consent of states, an applicable treaty
regime, or a directive by the Security Council,
Life Imprisonment - does not have a definite there is no non-derogable duty to institute
duration of imprisonment. It is a sentence given proceedings against Japan.

under special law, and does not carry accessory

penalties. It also does not have any specific The invocation of jus cogens norms (compelling
provision on the possibility of parole.
law; norms that command peremptory authority
superseding conflicting treaties and customs) and
erga omnes (in relation to everyone; obligations
XII. Threshold for Interest Rates
owed by States towards the community of states as
a whole) obligations will not alter this analysis.

Since the usury law has been suspended (12% as

legal interest), the following is now the threshold:
- there is not yet any generally accepted criterion
by which to identify a general rule of international
5% and above - against public policy
law as having the character of jus cogens. The
3% but below 5% - preferred
prudent course would be to leave the full content
if no interest is expressly given, the legal rate shall of this rule to be worked out in State practice and
be imposed (6%)
in the jurisprudence of international tribunals.

XIII. Why should we refer to past constitutions? - Thus, while the existence of jus cogens in
international law is undisputed, no consensus exists
The condonation doctrine, which the lawyers of on its substance.

Makati Mayor Junjun Binay have invoked in order to

strike down an Ombudsman suspension order,
absolves an official of any administration liability by
virtue of his reelection.

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