.

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. 2002
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l§5~ g78-971.23-3-460-3
PREFACE
. repro-
ok may be copied in
No portion of this bo outlines or notes, whether The subject Legal Research in first year law school is a very
hlets,
duced in books, pamp in differ- important subject..
mi me og rap he d, typewrittemcopied
printed, m, for distri-
or in any other for It inculcates on the law student the need to acquire an ad-
ent electronic devices n pe rm iss ion of the
writte
bution or side, without the bo oks , art icle s, re-
equate skill to do proper legal research for him to sum've law
sag es in school and then after he becomes a lawyer. to provide oompetcnt
author except brief pas icia l pro-
icia] or other off
views, legal papers, andjud representation to his clients.
n.
ceedings with proper citatio lt lays down before him the sources of law, both printed and
Any copy of this book without
the corresponding electronic, which he can use to find the answers to legal issues. A
aut hor on this page working knowledge of what the laws and jurisprudence are and
number and the signature of the where to find them will surely be helpful to the legal researcher.
illeg itim ate source or is in
either proceeds from an
to dispose of
possession ozone who has no authority Legal Research also teaches the law student the systematic
the same. approach in solving legal problems so that he can do research
smoothly and efficiently with minimum wastage of time and effort.
These steps in legal research will assure the optimum use of time
and resources in problem solving.
ALL RIGHTS RESERVED
BY THE AUTHOR It likewise drills him in acquiring the fundamental skill of
ease briefing and synthesizing of cases necessary in doing legal
research. This will teach the law student to cull the significant
Nu I 11945 facts from the decisions that are applicable to the problem he is
solving.
Legal Research cannot be learned simply by reading. It must
FLEPRINTED: AUGUST 2019 be practiced. Classroom work should be accompanied by library
exposure to the actual sources of law described. It should be fur-
ther strengthened by practical exercises or actual research to be

HHN U
ISBN 975-9?1-23-3-l60-3 assigned and done by the law student.

Ma 712
I thank Noralisa M. Valmoria for assisting me in this book.

RUFUS B. RODRIGUEZ
05-0T-00011
g 34s03 I
June 8, 2002
FHn!ed by Manila

RED par~m~q comply, i~4c.

I iii
w1=°€~~vHy 61ouznrivt lhkoqn.qplly
84 P. Flornniuo 31.. Quezon Gay
-
-
ha. nm. 712-41400 112.41-01
 TABLE OF CONTENTS

CHAPTERI

INTRODUCTION TO LEGAL nzsmnca

A. Legal Research, defined 1

B. The Need for Legal Research . . . ~ . . . , 1
c. Sources of Legal Research 2
D. Sources of' Law .............. 2
1. Primary Sources.......,.........-.. 3
2, Secondary Materials .........,......_ 3
3 Finding Tools 4

CHAPTER 2
sa-
l1'liF» THE LEGAL RESEARCH pnoci-:ss

.,l A Systematic Approach to Legal Resemuth . I 5

-'in u r

1. Identify and Analyze the Significant Fun 6

.'-'
2. Formulate the Legal Issues to be Reseudaed .. B
7
11 3. Research the Issues Presented
4. Update 8

II q'
CHAPTERS

Q-=*'1I.L!.1 FUNUAMENTAL RESEARCH s1uLL.-

p " - " r
l.
1* - l"r CASE BRIEFING AND sy:~rrHEsls OF CASES
Ur!
9
I A. Case Briefing M *
A I

-------~--- 9
1, Facts _.....................*...........

2. 1ssu€~{0} lllr.rlvl1II1ln»ll1"ll"lIl"'l*
m
3. RUliNg,,,,,.,,lgnu\\a\n»\\'\-...\\.'ud...b§.\§.4 -1!uuh\-191-.¢1»I1i
10
10
B I Exercise in Case Briefing ~..........,.....................-..........
1. Santos v. CA. 240 SCRA 20 11395) 10
Synthesizing Cases ..w-.~.»..~~.~...."n-........-»»~»--~»»~-~-'-*-**-"-* 24
C I

1
 b. 'NPGS j""jQI"j............
So,_nthesIzlnehwa
of S
Form of L*E'iBlaLion
tat,me
Casnes
' 'fig t cm* ...............
D. ise EI18 of Eac
ExercBrie h d. The Enactm,ent of Statutes .... .....................
Cha Ming 'mi "' CA .ass 2.
The Construction of Statutes
324 (1997)
198 (1997) History of Philippine Legislation
CA 268 SCRA 76 (1999) Pre-Spanish Period
b. Republic A 320 SC A R b. Spanish Period .. . . .. . ... . ..................................
Hernandez C G.R No. 13649-0
s,
Mania v Marcu . . . ....
... . . ........ l. Spanish Laws Made Applicable
of. 19, 2000 75 1.0 the Philippines
ug, G.R. No 1099 ....... a. The System of Laws in Spain
Republic v. Dagd . . b . . . .
I .

Feb. 09, 2001 and lt.s Antecedents

. . . . w . .

ses ..... ........

2. Sy nt he sis otlAll Relevant Ca L The Code of Euric and the
Brevarium of Alaric
CHAPTER 4 2. Fuern Judo
3. Fuero Real
STATUTORY LAW 4. Las Sieve Partidas ..... .. .............
6. Lcyes de Thro
......... . ._...... .
. .
Statutory Law ....
6. Nuevo Recon-ilacion.........
nstitution 7. Novisima Recopilacion
.......... b. Modem Spanish Codes ............. .....
The Philippine Co
sh Pe riod ..........
1, Spani
The 'Treaty of Paris ....
.... ......... ......... 1. Codigo de Comercio of 1885
9 2. Codigo Penal of 1870
The Maiolos Constitution of 189 3. The Codes of Civil and
Criminal Procedure ..........
4. The Ame rican Peri od 121
4. Codigo Civil of 1889
1. Pres. McKin1ey's Instructions
of April 7, 1so0..........
.............. 2. Laws Specially Enacted for the
Colonies ...........................
The Spooner Amendment of ...........
8_ Legislation for the Colonies
March 2. 1901........
ppine Bill of 1902 ........ .......... b- First, Collection of Laws
Relating to the Colonies .........
3. The Phili
4. The Philippine Autonomy Act of 1916
. ....... c. Compilation of Laws Initiated
b. The Commonwealth Period ........ . by the Council ........................
1. The "I'ydings-McD uffie Law of 1934
Philipp ine Constit ution d. The Codigo Ovandino
2. The 1935
General Compilation by Aguilar
5. The Japanese Period (1943 Constitution)
y Acuna and Pinelo ..... ............
6, Period after Philippine Independence in 1946
f. The Recopilacion de Lewes de
Martial Law Declaration ............................. loe Reynoso de Indies 125
b. The 1973 Constitution ................................. Compilations Subsequent
The Amendments to the 1973 Constitution to the Recopila-:ion ..........
..... 126
d. The Provisional Constitution of 1986 102 Evaluation of the Laws in the
e. The 1987 Constitution ................................. 103 Philippines During the Spanish
c- Treaties and International Agreements ...................... 106 Period . . .... . . . ........ .
121
D. Statutes Enacted by the legislature ........................... 107 4. Materials on the Spanish Law.s.. . .. .........
1. Legislation in General 107 a. Primary Materials
IL Constitutional Provisions .......................... 108
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Q P "

CHAPTER I

INTRODUCTION TO LEGAL RESEARCH

A. Legal Research, defined

In general, legal research is the process of finding the laws,
rules and regulations that govern activities in human society lt
involves locating both the laws and mies which are enforced by the
State and the commentaries which explain or analyze these rules.
Legal research is also defined as the investigation for infor-
mation necessary to support legal decision making. Legal research
includes each step of a process that begins with analyzing the facts
of a problem and concludes with applying and communicating the
results of the investi.gation.'

B. The Need for Legal Research

A lawyer is required to provide competent representation to a
client. Competent representation requires the legal knowledge, skill,
thoroughness and preparation reasonably necessary for the repre-
sentation. Clearly, a lawyer must be able to research the law to
provide competent representation."
In addition to requirements of professional responsibility, ques-
tions relating to competency in legal research may arise in suits for
damages, arising from legal incompetence or claims for malicious
prosecution."
The knowledge and ability to use fundamental legal research
tools and Lo implement an effective and efficient research plan

'.Ia4;nhe1l.eifl. Murky and Dunn. Lrgrr! Rmvcurch Muzlrrxlrd FSH: edJ, Westbury,
New York, The Fnundatiun Frc.'u3, Inc.. FFJ4, p. 1.
YM., p. 1-1.
Jed.

1
 2 LI'.GAI. Hl':HI'..AH('!l
"'l7'"»'JDUCT10
n 'm LFGAL HE
S!,1AiUf;l1
must become port and parcel of every lnwyer's training for him or
her w provide competent representation and uphold the standards I. Primary Source;
of the legal profession!
Primary sources of'
law are those record
in 1992, a special task force of the American Bar Association which will be enforced hy ed laws and rules
the Slate, They may be
on law schools and the legal profession issued n report that stated passed by the !evnin found statutes
5~==.l-¢
¢1=W0. regulations and rulings
"lilt can hardly be doubted that the ability Bo do legal research is agencies and decisions of of administrative
appellate oourta'
one of the skills that any competent practitioner must possess."
That report also stated: "liln order to conduct legal research elfec- In El primarily civil law jur
isdiction like the Philippines, the
products of legislative act
lively. a lawyer should have a working knowledge of the nature of ions, codes and statutes, are the fi
major primary sources. Codes and
legal mies find legal institutions, the fundamental tools of' legal statutes have come to govern an
even greater variety of human
research, and the process of devising and implementing a coherent activity.
and effective research design."° The second major category of prim
ary sources is judicial deei-
sions. Our Philippine Supreme Court and Cour
t of Appeals produce
c. Sources of Legal Research decisions that constitute our case law.

Legal research involves the use of a variet.y of printed and
electronic sources. The printed sources include the Constitution,
statutes, court decisions, administrative rules and scholarly com-
mentan`es. Computer databases containing these and other materi-
als have dramatically changed the nature of legal research and
improved its effectiveness. They have not, however, eliminated its
complexities. The volume and variety of' legal literature continues
to grew, making the researcher's choice of tools and tactics for each
problem more difficult than ever. A thorough understanding of avail-
able legal resources, b-oth published and computerized, is neces-
saqt There are as many procedures as there are problems, and no
single approach can work every time."
Our judicial system consists of a hierarchy of oourts,
including
a number of trial courts fRTC, MTC, MCTCJ, one
intermediate
appellate court I'CA}. and a court of last resort, the Supreme Court.
This system incorporates the processes of appellate review, in which
higher courts review the decisions of lower courts, and judicial
review, in which courts determine the validity of legislative and
executive actions.
A third important primary source is administrative law. or the
regulations and decisions of government agencies. State agencies
promulgate regulations governing behavior within their areas of ex
pertise. Agencies also act in a "quasi-judicial' capacity by conducting
hearings and issuing decisions to resolve particular disputes

D Sources of Law 2. Secondary Materials

Legal sources differ in their relative authority. Publications which are not primary authority but which dis
Some are bind-
ing; others are only persuasive in varying degrees, and cuss or analyze legal doctrine are considered secondary materials
some are only I
These include treatises, commentaries, and encyclopedias. Some of
useful as tools for finding other material. Thes
e variations require the most influential legal writings are found in the academic jour
that researchers make careful and critical
evaluation of the sources nals known as law rcwnlews of law schools, or in publications like
they study. Whether researching by
book nr by computer, one must the IBP Journal and the Lawyers Review. Secondary materials
be familiar with the three broad cate
gories of legal literature: (a) vary widely in purpose and quality, ranging from authoritative
primary sources; (be secondary mat
erials; and ac) lending t4001s.' treatises by great academic scholars Bo superficial tracts by hack
writers, The best of these works such as the Civil Code of the
'Id Philippines by Arturo M. Tolentino and Remedial Law Compen
w, p. 13.
'Cold
n SD d O-IsoH. I .-mgwal Reward: In n Nufnhdf, Sl. Pau
1i#-vw co. 1992, F' 2_ l, Minn-, 'Went Pub-
»

1/'_. PP~ 2 and 3. p 3

p 4
 LEGAL RHS!-:AUC'il
LFXIAL RF:SP.ARX;:H PR
OCESS

Once ntatemcnta of the issues have

The thing or suljwt mailer i:\ n pmhlvm or conlrovvrny may been drafted, may should
M a significant element. For cxnmplv. wlwn II party claims that be arranger] in a logical pattern to form outline. Lngicaliy, FB'
lated issues may be combined as sub~issues under a
them is u viulnliun of the terms of n contract, ill' vunlrnct. livcnnlvs broader main
issue
an essential fact in the disputi-
The ni-xt thing to he dum* is lu idvnlify ill* claim or cause of
action of the plnintifT and the defvnw thnl. might he put up by the 3. Research the Issues Presented
defendnnL in n dispute over u contract. the cause of action may be AflLer .the facts have been analyzed and the issues have been
breach of contact rimed, It 15 time to begin researching the first issue

What is the relicT sought" II might be a civil action for dam
ages lo answer for the injury caused by the breach of the contract
Ur on action for specific performance lo compel the other party to
perform a specific act as mandated in the contract nr to enjoin the
other party from doing a specific net. probably in violation of the
contract
The parties or person :ight IJ i divid all, r might he
group that is significant to the solution of the problem or the out
come of the lawsuit. Similarly, the relationship between the par
ties. such as exists between lessor or lessee in a contract of lease
will be of special importance to the case
2. Formulate the Legal Issues to be Researched
This is the initial intellectual activity that presumes some
knowledge of the substantive law. The goal is to classify or catego
rize the problem into general, and increasingly specific, subject
areas and to begin to hypothesize legal issues
Consult general secondary sources for an overview of all acI
event subject areas. In the example above. it' the legal issue in
valves a violation of a contract. the research could start by reading
the textbooks or treatises on obligations and contracts by noted
authorities. At this stage, these secondary sources are used to pm
vide background information and to help you formulate issues they
are the tools, not the objects of research
Writing a clear, concise statement ofeacb legal issue raised by
the significant facts is an important and dif'llicult task
Organize and Plan. Good legal researchers, as a rule, are
systematic, methodical, and organized, and they keep good records
For each issue, it is imports t to decide which sources to use, which
sources not to use. and the order in which sources should be exam
ired. The best practice is to write down all sources to be searched
under each issue to be researched, even if sources are repeated
b. fee Iifj; Re d, d Upa' to AH Rel' to cC stituti I
Provisions, 5'!atures, and Administrative Regulations. These p i
mary sources can be identified in several ways
_
Sra.!uto.»~y Compilatio s. Statutory compilations almost always
have tables of contents and indexes that list the subjects and topics
covered by the statutes. Because relevant statutory provisions are
often found in several places in the compiled statutes, consult both
the table of contents and the index
Co :peter-Assisted Leg I Research. The Constitution. statutes
and administrative regulations are available cm PHILJURIS and
LEX LIBRIS. It is possible to search the full text of these doc
merits for statutes and regulations that apply to your problem
Seconder Sources. Secondary sources such as treatises and
t con
commentaries and law review articles. commonly cite relevan
stitutional provisions. statutes. and administrative regulations
Case Law. After
Iricntitin Hood. and Update All Rcferanr
ideMii§¢inl,,1 and reading,1' the relevant constitutional provisions,
Stay
must identiliv. read. and
Otes and zidmiuistrative regulations you

M.. I:. is

"frf., p. 19
 I LIBAL u:\¢Alu-n
h l .MlN-n-1
- -
lpdlrl. to. : i n he that h- inlwpuvtd .no nppllnd thn- fnrrnn
din-md \.l. 'nil dh.-r cu. law that is rvlovant to )'our
Du in Han :or uannh lo ran! that support your pnsitinn. A
eulpuini r-:ther will anlkapatr both sides of an argumom
and ;¢..¢ily the na- that indicate cnutrary condusionnf'
Bunn- md commentaries on the codes and nrtntuws cites
annahnrx maupnuhmnnuxunhey dincusn. An to computer ms-
lillldlegllr-l=.rth.buth Phillurislnd Lax Chris can be searched
ilnuuthuhnn died tbcnatutm'
Alta* de-ntdiing the relevant cvasu. as you road and brief or
iigut each en-. be sun: to node in few!! ciunion. the pnnrnu' of the
éllnilill. to! dna of the éldl:iul1. the relevant facts, the holding. a
Immune d' the sums nooning. and the sources cited by the
mint. Eldul d'l.be soul-uucited should be read and briefed and new
diunuld be .died to your list. Bath case you brief should be
ilnnnrporlrhed imp your uridine."
E d. Rdiaz the Search. After you have identified. read, and
lpdaed the prioiargr rnurues. go to secondary sources to refine
the :march and expand your argument. If the problem involves a
nurse. the Iegalative history might suggest the legislnlun-'s in-
an 'm pnnmg the act and the problem the law was intended to
randy. Historical. nodal, economic. and political information can
in lqu! arguments in their proper oontnxt and can support policy
lllu11"i
4. Update
L.*lr damage: constantly. Our Consrw passes new statutes
and Ilvdiii do and. Our Supreme Court either refines the law or
r.1l:$:1II1. the law or even changes the interpretation of the law.
Clank the or Le: Libra. to determine whether the au~
theristiesl he- been interpreted or altered in any way. or whether
new cues. annum. or regulations have been published."
?¥??¥i
»;=;
CHAPTER 3
FUNDAMENTAL RESEARCH SKlLL:
CASE BRIEFING AND SYNTHESIS OF CASES
As stated In the prrvmus chapter, the WE-r-r "1 al-' ,F"*_ a s * -'nu
in lognl research are to identify the relevant a - - To -M ' * - - f ~ 31°-é
lhcn hn'cf or dizvnt each cas-e. When fete are mfn t 1 - = - » - C n-l - >1*°1
' the prublr-m, mu must relate the 4-:nu to exe :**. r . ' i w v *P*-'l.*
'lthesize them.
.
A. Case Briefing
A law Gchnrvl rasr- brif-fii a student djgg5t arc
a reported case. There is no one ,current form for cue bnefscince
it is Ii document that us created to meet the studcnfs needs. in., to
serve ELS H reference in class and, zngesher with day noses. the
major tnolsuf cnursereviewattheendahlw senresr-ter.
8'»{lJesl.imponant istokeepyonzrbrwfbneli Heep yuurarm-
mary of the courts reasoning to a useful Iennh. but d o l t
'artchlnnge the facts. When tbecasedeals uitbsnatulcm itmlybo
ueipful to quote key wands from the Nantute urriiarann.
The typical components of a case brief case un:
I. Facts
The fans describe the nwrnts between the frames iuadmg to
\ Illlgarum and tell bow the case fame before the Chu!! that B
so. decsdinz it. Include those faces that up relevant to the Blue
~cuur1 must decadenndwthen-a=nn:uforiudeo1=ionL Yauirill
| *"ow which facts are rvlennx until yen know what be issue at
n r . For example. if the issue LE wheihnr there is slvwfhdvri-
'apncily under Arlklo 36 of Un* Family Cade of the Fhnhp-
n~h-vnnt facts include the fan dl' manage and the urns d'
-
up-n\nuL~ comfit lhllmg peqrcholopcal m-capcmty to comply with
vnsonlilll mantel ubhgulions.
|
 10 LEGAL RESEARCH
FUNDAMENTAL RESEARCH SKILL : \I
VASE nlzuat-'lnG AND 'wrrmll.:sls 01" CASES
You should also white who the plaintiff and dcllcndur:l. are, the
basis for the plain titT's suit, and the relief thc- plnintifT is seeking, "Arline 36. A marriage contracted by any party who, at
Also include the ruling of the Regional Trial Cmu-L on the case and the time of the celebration, was psychcalngically incapacitated
whether the Court of AppeF1ls affirmed nr reversed the decision. Lo comply with the essential mental obligations of marriage.
shall likewise he void even if such incapacity becomes mani-
2. Issuc(s) fest only after its solemnimtinn."
The issue is the question that the court must decide to resolve The present. petition for review on certiorari, at the instance
the dispute between the parties in the case before it. 'lb find the of beouel Santos 4"l.»eouel"'), brings into fore the above provision
issue. you have to identify the rule of law that governs the dispute
and ask how it should apply to those facts. You usually write the
"
which is now invoked by him. Undaunted by the decisions of Lhe
€01"1 . quo" and the Court of Appeals," Leouel persists in be-
issue for your case brief as a question that combines the rule of law see-ching its application in his attempt to have his marriage with
with the material facts of the case. that is, those facts that raise herein private respondent, Julia Rosario Bedia-Santos ('°-]ulia'),
the dispute. Although we use the word "issue" in the singular, declared a nullity.
there can be more than one issue in a case. An example of' Ellli issue
lt was in lloilo City where Leouel, who then held the rank of
is: Do the habitual drunkenness and sexual infidelity of' the hus-
First Lieutenant in the Philippine Army, first me. Julia. The meet-
band constitute psychological incapacity?
ing proved to be an ev-Lent.ilul day for Len-ue! and Julia. On 20 Sep-
bomber 1986, the two exchanged vows before Municipal Trial Court
3. Ruling
Judge Cornelia G. Lazaro of lloilo City, followed, shortly thereafter,
The ruling is the court's decision on the question that is actu- by a church wedding. Lcouel and Julia lived with the latter's par-
July
ally before it. The court may make a number of legal statements, but ents at the J. Ikslin Compound, La Paz. lloilo City. On 18
if they do not relate to the question actually before it, they are dicta. 1987, Julia gave birth to a baby boy, and he was christened Leonel
The ruling or holding provides the answer to the question asked in Santos, Jr. The ecstasy, however, did not last long. lt was bound to
by
the issue statement. If there is more than one issue, there may be happen. Leonel averred, because of the frequent interference
more than one holding. The ruling is supported by the cnurtls reason- s into the young spouse s' family alTair5 . Occas ionally ,
Julial-1 parent
a numbe r of other
ing explaining and supporting the co-urt's decision. For example in a the couple would also start a "quarrel" over
living inde-
case on psychological incapacity, the court will refer to the provisions things. like when and where the couple should start
parent s or whene ver Julia would express
fArt. 36 of the Family Code, state the substantial and procedural pendently from Julia's
own parents.
requirements for psychological incapacity to exist and cite the ear- resentment on Leouells spending a few days with his
States of
lier rulings of the Supreme Court on the subject. On 18 May 1988, Julie finally left fer the United
pleas to so dissuade
Amer ica by work as a nurse despite Leouells
B. Exercise in Case Briefing ture, or on Of Janu ary 1989,
her. Seven months after her depar hone.
the first time by long dista nce telep
Let us now do an exercise in case briefing un the following Julio called up beouel for ct in
ation of her contra
case: She promised to return home up-on the expir the
a chan ce to visit
July 1989. She never did. When Leouel
got
nt a train ing program under the
LEOUEL SANTOS, petitioner, v. THE HONORABLE COURT United States. where he underwe 10 Apri l up to
es of the Phili ppin es from
OF APPEALS AND JULIA ROSARIO BEDIA-SAN'1IOS, auspices of the Armed Forc som ehow get
to locate, or to
respondents, G.R. No. 112019, Jan. 4, 1995 (En Banc) 25 August 1990, he desperately tried
a but. all his effo rts were of no avail,
in touch with, Juli
Vitug, J.: lo.
"Per Judge Enrique Gzlrruvil o Rnmirw
er- ul. concurred in by Justices Pedr
Concededly a highly, if' not indeed the most likely, controv '*Penn»2d by Justice Juinal Rao
is Articl e 36 Las and Ramon Mabutas. Jr.
sial provision introduced by the Family Code
amended by E.O. No. 227 dated 17 July 1987), which declares:
 *
' - * | . .

11 l.lR'\L\\. Rl~".SFJ\'H\'\I

I. Fl!Nlh\Ml*:N'l°AI. IIE-*ll"..l\H'l'H SKILL:

I-A8I'. l\l{ll'II~'INl a ANI) l'F'l'N'l'lll€.'iT!i Nl.' I'A.Sl".§
la

Having fniid to up: Julia to Stxnwho\u* um luouw. Lvum=l filed

with the Regional T\'ial l`uu1't of !'lEI~l;rus l¥'ri\*nlal. l\rnnl:ll 3N. n Thu Fnmilv ['nip did nut le-Gnu lhc term 'psychrrlngifnl incn~
cmplainl Re' 'Wading of Marriage Under Artiflm* RG of the Fnmilv p:u.°ity." The dvhhersnt1mun during lhc scnsinnn of the Family Code
Code' \do¢krtcd. Civil Pa.-=a:» No. 9.-=14L Suliunons was sen-od is' Revision ('nnlmilU~4r. which hm: drafbul the Code. cum. however,
puhMication in n newspaper of gvzwral circulnt.iol\ in Negros Orion- pmvidc an insight on the* import ul' the provision.
tal.
'Arridc 35. The following marriage! :hall he did from
On 31 Slay 1991. respondent Julia.- in her newer lthmugh the beginning:
.
euurleell. opposed the #complaint and dcnwd its allegations. claim- 'z r x xxx III.
ws- IN man. that it was the petitioner who had, in fact. been 'Article 36_ x x x
trresponéhle and incompetent
Wt Those marriages conuaded by any party who, at
A possible collusion between the parties to obtain a decree of the time of the celebration. was wanting in the uuilicient use of
niallitv of their manage was ruled out by the Office of the Provin- reason at judgment to understand the essential nature of
dal Prosecutor IM its report to the court). marriage or was psychologically or mentally incapacitated to
of
discharge the essential marital obligations. even if such lark
On 25 October 1991, amer pre-trial conferences had repeat- incapacity is made manifest after the celelziu-l:ia=n.'
edly been set. albeit unsuccessfully, by the court, Julia ultimately
6led a manifestation, stating that she would neither appear nor "On subparagraph Wt, which as lived from the Canon Law,
in suf6-
submit evidence. Justice [Jose B.Ll Reyes suggested that they say 'wanting
cient use' instead of 'wanting in the sufllcient use' But Justice
I On D6 November 1991, the court a quo finally dismissed the €Eduardn} Caguioa preened to say 'wanting in the
sufficient use!
that they say 'wanting in
complaint for lack of merit." On the other hand. Justice Reyna proposed
Caguio a, howeve r. pointe d out that the
sufficient reason." Justice
Leonel appealed to the Court of Appeals. The latter affirmed lacking in
idea is that one is not lacking in judgment but that he is
the decision of the trial court." the exercise of judgment. He added that lack of judgme nt would
Judge fAlic'ia Sempio -1 Did remark ed
The petition should be denied not only because (of ILa non- make the marriage voidable.
judgme nt is more serious than insuffi cient use ofjudg -
oomplianoe with Circular 28-91. which requires a certification of that lack of
null and void and
non-forum shopping, but also for its lack of merit. ment and yet the latter would make the marriage
agmh
the Former only voidable. Justice Caguioa suggested that subpar
Leouel argues that the failure of Julia to return home, car at in he rooditied to read:
the very least no communicate with him, for more than five years
' That. contracted by arw party who. at the time of the
are circumstances that clearly show her being psychologically inca- celebration. "we psychologically or rnemally incapacitated to
as-
pacitated to enter into married life. In his own words, Leonel discharge the caoential marital obligations, even if such lack or
Herts: incapacity is made manifest after the celebration'
'x I I FT.:here is no love. Lhere is no affection for whim) "Justice Caguioa explained that the phrzme Was wanting in
because respondent Julia Rosario Bedia-Santos failed all these sufficient use of reason or judgment to
understand the essential
years to communicate with the petitioner. A wife who does
nnl,
nature of marriage' refers to defects in the mental faculties vitiat-
her husba nd about her where abouts for a pcriud
care an inibrm
ing conse nt. which is not the idea in subpa ragrap h (71, but lack of
citated to
of live yearn, more nr less, is psychologically incapa
comply m'th the essent ial marital obligat ions of mam'a ge. Re- appreciation of one's marital obligations.
wife." a psy-
npondenl. -Iulia Rnaaran Bediu-Bnntxns in nm: such "Judge Did raised the question: Since 'insanity' is also
8 ground for
rcltologicul or mental incapacity. why is 'insanity' only
of nullity ? In reply, Justic e Caguioa
annulment and not declaration
"Kalb, 37-24.
l i b ' 1348.
 -w

11 IIGAL REEEARCF!
P'L'!*»'DAJI{ED~""Al. RESEARCH 5551.-k
CASE BRIEFING A..*s'D sn.-:russia OF cases

€I?135n€d that in insanity. there is the appearance of consent, which

s of
in the reason why it is a ground for voidable marriages, while will encourage one who really understood the mnsequence
subparagraph f7) dues not refer to consent but to the very essence marriage w claim that he did not and to make euccusms for irwali
of marital obligations. dating the marriage by acting as ij' he did not understand the
way of'
obligations of marriage. Dean Gupit added that it is a loose
'Prnii ¢Anaeeli» Bavieta suggested that, in subparagraph r ' providing for divorc e
the *word *mentally* be deleted, with which Justice Caguiaa s": xxx xI x 1 x x
cixrred- Judge Dun however, preferred to retain the word 'mentally'
that in the case of
'Justice Caguioa remarked that subparagraph 17} refers to Justice Caguioa explained that his point is
s which is less
psychological impotence. -Justice lRicardoJ Punta stated that some- incapacity by reason of defects in the mental facultie
than insanity, there is a defect in consent and, there fore. it is clear
times B person may be psychologically impotent with one but not for voidab le marria ge becau se there is
lnth another. Justice 4'Leonor Ines-JLuciano said that it is called that it should be a ground
of nt and it is capab le of conva lidatia n for the
selective impotency. the appearance conse
cases
and there are
simple reason that there are lucid intervals
He emph asized that psych ologic al
'Dean (Fortunate) Gupit stated that the confusion lies in the when the insanity is curable.
refer to ment al facult ies and has nothi ng to do
fact that in inserting the Canon Law annulment in the Family Code, incapacity does not
marriage
the Committee used 8. language which describes a ground for void- with consent: it refers to obligations attendant to
able marriages under the Civil Code. Justice Cagtuoa added that in xxx x x J: x xx
Canon Law, there are voidable marriages. Dean Gupit said that this PJ Romero
is precisely the reason why they should make a distinction- On psychological incapacity. Proof (I-'lerida Ruth
to the very essence of
inquired if they do not consider it as going
*ilustice Pure remarked that in Canon Law, the defects in really remov ing it from conse nt. In
consent. She asked if they are
ioa expla ined that. ultim ately , conse nt in gen-
man-iage cannot be cured. reply, Justice Cagu
is that it is not
'insan- eral is affected but he stressed that his point
'Justice Reyes pointed out that the problem is: Why is is a valid conse nt- He
ity a ground for voidable marriage, while 'psychological or mental principally a vitiation of consent since there
er of the valid ity of the marri age
objected to the lumping togeth
incapacity' is a ground fur void ab initio man'iages" In reply, Jus-
celebration and the obligations attendant to marri
age, which are
ina expla ined that insan ity is curab le and there are lucid re a differ-
tice Cagu completely d.ifi"er ent from each other, becau se they requi
intervals, while psychological incapacity is not. ent capacity, which is eighteen years of age, for marria ge but in
that the phrase er, felt that psych ologi-
"On another point, Justice Puno suggested ,' be modified to contract, it is different. Justice Puno, howev
that it shoul d not
lack or incapacity is made man ifest cal incapacity is still a land of vice of conse nt and
'even if such
becomes manifest." l voidable marriage which is incapable of
rod 'even if' such lack or incapacity be classified as a

"Justine Reyes remarked that in

insanity, at the time of the 1
I
convalidation, it should be convalidated but there should
prescription. In other words, as long as the defect has
not
be no
been
the
marriage, it is not apparent. cured, there is always a right to annul the
marri age and if
of for
t there are two interpretations defect has been really cured, it should be a defen se in the action
"Justice Caguioa stated tha d'- the I
lment is instituted, the
mentally incapacitate in
'
annulment so that when the action for annu
the phrase. 'psychologically or one might have been
of consen t because one does not know all issue can be raised that actual ly, althou gh
first one, there is vitiation e action is brought, it
ges, and if he had known thes psychologically incapacitat ed. at the time the
the consequences of the marria ge. ept of the consequence of
e unsented to the ma m'a is no longer true that he has no conc
completely, he might not hav marriage.
xxx xxx
"x x x question: Will not cohabi-
"Free I Esteban) Bautista raised the
he is in favor of making psycho- tation be a defense* In response, Justice Pure stated
that even the
"Pl'uf. Bautista stated that
able marriages since othei-w1s#2
logical incapacity a ground for void
I.-
I
 as lJ'.I$AL lu¢IN¢1uu:lI
murmur-ww. awnuuwx WJlJ» 11
f AIM unnwmu Arm IUYHTIHKJHIH or
ILABKI

banana or! childnm nn-d mlanhaluliuil uhuuld :ml he n nigger that

lrnrNlfl munihul lm! Inter on had II nnrrwl, Juotiaw Ra-yu no! Jwuuun
pnycfudvglcnl énrnpndly hm: burr: curafl . lT.Iuguir.»n »f.»l:M4¢d that IM rsrrudy In this Ana in in .flow biua to
'l'ruf. Iimmrru upNwd lhol psyr'}lr:l¢4glcul nuzujnuflty in nllll in. rufranrfiff"
Iunlly of l htuurr dugrnu. Juulhw lmrrinnra u1nggaf ahfui lllnl o h ,
'I x I x31 as as Z#
invite n payrhinlNsl, Who: In lin- uxpurf. am thin rnlllwr. Ju211/8
Cugulng, lumfwur, rniUrrnlwi Llml ltlycllraluglr'lll inrrnfmrily In ruN. H 'J».lul.1r1e Far: limfnuluud la-nr nut Aruba in Mbranf
dufmct In lhar mind but in lim larlrlnruUstrrlivug ul' the fufttllwpllerlriitl of "A/n.~r4» .*slr'i A uuunqu wnrhrwund by up PM wdulv, is
murdnga, aM lllnrnflaru, N puyrh lnl,riuL will nut Inv H help.
Un up of Una r-wlnlrraaaw. w- gnydvXqputly wwuwndpwd.

. 'l"mf. IlnuUxlo slnuul lhnl., in Um Mann" ummlnr Llml tlnnrn in

lucid lnwrvnl in Immunity, lhuru are nlnn flunnufNury pvnudal w a r n
than in .n llnrhvnlululitlg of Un: c4:l'luuqluul¢:lnl up rranlrnnulf. -hlll,ln':.
Huy- nm] llnam Uispli rnrrvnrluul Usu! law grvrunrl up gnnwlauluglr.-ul
lncupuurny will far-ut apply nl' Una rnurrhupu wan .rwnl,rlll.-l.¢ul al Usu Uma
whnrn tlwru la i l rrrlurntxnnll ng at Lfnr# fwrnnwplaraw ul' :r»nrrJngu.*
"x 11 I I xx as x x
'Jwlggrv My pruyvmaul tlml. Hwy lm-lurlh l1l:$*»lIr.-nl nu-upnf-ily In
wpulutu nrrnung Usu gr uunrla lhr vnu] lnurrlugnu. Junlluf In-lf ye Hun-
mlmlurl that lrl IIVHIB lnnWnnuu Thu lnnpvrlunmrzu no ulaly Urml»-fffunry
and :my with ruupw°l. lu n pmrtlculnf pvrwn, Juflgrr Hay »l..uu~l Llmt
Hwy cam purify Haul. H. he ltu'urnhlu. ¢Iu»t.lua Lin;-;ulir»u rvrruntkrd [hut
ams: 'nn;n4r.nbl=r' he J! dIHwnuL !NW1!'!!n£ in law mud m mwh-
elm, Jo-rigs My xluUul Haul 'p»yvlu»lu;¢n=nl lnHq.tnf')ly' nm flaw lm
cwnd, ~}uu£J4'A f,n;.¢uhfm, buwwzrr, pfnhnw! #rut that 'pnyr hf»lr4gkv al
iuraplvdl/ In Ilnxurnlrfh.
'JWllfur Pnnu frbvwrvM that flrnflftr Her wcfurrN. drnfl. prf.r'/i-
dim, it is ntvnzgh In :shim that it the Mmf- fl! Thu url:-brntlrfr» Ni Tim
rranMuga, un# Wuss pwy¢;iufl:4¢::;'nIly lrwnl»u»r'»I»lwl no I-*ant Inu-r in It
nlrfrndy h. can rxfrnply will: Um nun-wrtanl rnnrllnl uhlJv,;al.lur»», Mus
ml rrings M MU! mud rib a'»w4'i~'.», ,lvmslhner Uupguunn ~zpln:ru~'I thnl. ninny
in divvy, U14 puyfffudvqgWsl ire:nrprl»r:$ly :nay fmrunr Ufllrr Thu Mur-
ringn, In y i d rrrarringwu, it hml to be it the tirm- Nf Uur r'ari14:rnI.lr:rl
i
: -
d' msrriamm Hn, iwnwwurr, lrtnuldlnd lent Her Mba in Hu- pnwiunfn In
dmnrt Si Una firm rd" the ¢de4:r.uUrnl up' Thu rrnnrringgn, Una in 11»;n:hr>»
k¢¢»lly inwgnuncilaiuvi U; 4:-wnply with Use unnerNinl rnnmni uhligrv
drum, ivlmrh incnwwity wxnllirrwn and Inv hfuwfnlrn frnnrNfinrl .
*Jamal-no Farm mrul Judlw My, Iufwnvsfr, gxrirutmi out tfnN it in
pvsviunniial-er theft Adler the frasrrlasgpe, :use/n m7du!hW(#l ha<:n;.r41f:iLy L~v»
In uunply Willa the upnu] r.l.4wlr¢irAtu M uwrwvuw dual! No
gnu he did Inurn Un
unreel uunrNliuut shun'
Innpnrzirag new if sud: lruxgudty Jan
an udrvrunmnwatl '
"Justin: fingguina auwnrslxd that 'lryirn if' In. with
nllhuulg1'l.' CM Thu ¢M»¢r UmM, l*wi' liuviilu vfwwfd Um. Dal
I~III».¢u1» 'nlliuwugia uuwh hwqwusaly hwarnnnu Nrnhniiinll :Jun its ».u~~=~~
r ¢rla°!nt.lf.¢fl' he rlwllrlldl lUg# al, may umunuaqgnr mu-nr In mural: dwr much
l'nullum or! lnlfn'hr»l¢ap;1unl htu.'upu'lby. JagUar (laugulvna ynnud am
1J1»l,, an In nth-ur wmawnu, No; wnnlA avow an Ulf Emf. of
I
uhuw
' .l¢ulg»~ IM' 1¢qg£n!aId that V i alive Mdwi-nt rsuafntnl and p*v)f4f
Val mrugrnfwtlua, who-nh .few Jun-:wt m Angry# Hun p»yA'h4'Mi9t.8l FHM-
;|-
pnuzy Juuuw Unguunu uxplnlmul that mawul and ph1.»$4=;»l
I are n;.r»nr'»ti¢rl are yWlr-n #If wnanrfl- whliu wardwlvazirul Ilutuw1¢iiq in
I swf. an 1pw;'l-H. or! -no up rzfnnximt .
1
'Hmm H,upil fund what Hlnlum f,..ruz un an the nudunr in tins
¢mn»u.¢-n iN' ttwsf Yah-nuury if, WPA nuuutimg'
_ 'Un the (MM t;r:wad, Hkiwv Urns MilI1d-l14 DNA to.
phrnaw 'psst hd-w,'knI 'ff tmuul hu*y.»¢»-nm' an no llwvadirzw al
want nhrurhmnn Mm in nrwrniiau ind Nat u»r.wndl»tn,dune in
why al in rrmeWiwrud u wok phrl-. jin mid Ii116 Un. #1-.4# of
Cnrwn law 'n'-wld usda-f HW an is 4al»y¢IwAr¢ul up nlumllll
vnenpuursny UP flnuzfnugl . '
"Jll¢!J-uf IixfgnUuu rennxrlwd that they d¢u=1n-i.. than ward *numtll'
prrwiu-ly to distirnguinia it frfrm vi's of umnsurt. Ha- erzylsiauud that
'peeycianlrqlacxl jn¢glptn*i1,y' rarhrru to lad: of undnrwuundnnit of Us an
mriUnl rhllgyf thin of :nxrri»llx.
'Justin' Pun# rurnindlvd the rnemblsrs Unit, II to# rruwu up
ing, they bays denculed na. to in Into to! danciNg-carb-un of PUIM'

I
'ihiénrntu-aids roily Uuln v l w l h i l - i t sun.
Imxanulmv ».<r du hwwly f§f.4» la-vual-sw Wmmfnan, Jaw be, :awe I
 18 LEGAL RESFJLRCH
logical incapacity' because there was a lot of debate on it and that,
this is precisely the reason why they classified it as a special case
"AL this point, Justice Puno remarked that, since there have
been annulments of marriages arising from psychological incapac
ity, Civil Law should not reconcile with Canon Law because it is
new ground even under Canon Law.
"Prob Romero raised the question: With this common prov
sign in Civil Law and in Canon Law, are they going to have ._
provision in the Family Code to the effect that marriages annulled
or declared void by the church on the ground of psychological inca-
pacity is automatically annulled in Civil Law* The other members
replied negatively.
"Justice Puno and Profs Romero inquired ill Article 37 should
be retroactive or pnospeetive in application.
"Judge Diy opined that she was for its retrosctivity because it
is their answer to the problem of church annulments of marriages,
which are still valid under the Civil Law. On the other hand, -Jus-
tice Reyes and Justice Puno were concerned about the avalanche of
uses.
"Dean Gupit suggested that they put the issue to a vote, which
the Committee approved.
"The members voted as follows:
"f1) Justice Reyes, Justice Puno and Prof Romero were for
proapectivity.
"(2) Justice Caguioa, Judge Diy, Dean Gupit, Prof. Bautista
and Director Eufemio were for retroactivity.
"(3) Prob Baviera abstained.
'Justice Caguioa suggested that they put in the prescriptive
period of ten years within which the action for declaration of nul-
lity M the marriage should be filed in court. The Committee ap-
proved the suggestion."
It could well be that, in sum, the Family Code Revision Com-
mittee in ultimately deciding to adopt the provision with less
specificity than expected, has, in fact, so designed the law as w
of the Fannrily Code Revision Councuniuee, August 9. 1986.
F'UNDA!llEh'l'AL RESEARCH SKILL.
CASE BRIEFING AND syrevnrsls OP CASBB
allow some resiliency in its application. Mme. Justice Alicia V
Sempio-Diy, a member of the Code Committee, has been quoted by
Mr. Justice Josue N. Bellosillo in Salita vs. Hon. Magtolis fG.R. No
106429, 13 June 19841; thus
"The Committee did not give any examples of psycho-logi
cal incapacity for fear that the giving of examples would limit
the applicability of the provision under the principle ol'e.;u.¢dem
gerwris. Rather, the Committee would like the judge Lo inter
prct the provision on a case-to-cause basis, guided by expert
once, the findings of experts and researchers in psychological
disciplines, and by decisions of church tribunals which, althoudi
not binding on the civil courts, may be given persuasive effect.
since the provision was taken from Canon Law.
A part of the provision is similar to Canon 1095 of the New
Code of Canon Law," which reads:
"Canon 1095. They are incapable of contracting marriage:
1
1, who lack sufficient use of reason;
4 2. who suffer from a grave defect of discretion of judgment
concerning essential matrimonial rights and duties, to be given
I and accepted mutually;
3. who for causes of psychological nature are unable to as-
some the eaaential obligations of marriage." (Italics supplied)
Accordingly, although decisive nor even perhaps all that per-
suasive for having no juridica] or secular effect, the jurisprudence
under Canon Law prevailing at the time of the code's enactment,
nevertheless, cannot be dismissed as impertinent for its value as
an aid, at least, m the interpretation or construction of the modal
provlslon
One author, Ladislas Orgy, S.J., in his treatise," giving an
account on how the third paragraph of Canon 1095 has been framed
states
"The history of the drawling of this canon does not leave
any doubt that the legislator intended. indeed, to broaden the
rude. A strict and narrow norm was proposed first
In her 'Handbook on the Family Code.
"Marriage in Canon Law, Delaware: Michael Glassier. Inc.. 1986, pp. 129-130
"far 131-132
 usual. Rl»Z."?~\u'\Rllll
u 1.*l.rN1\,l\h.l1\!l'¢"[IAI l:mm.nu"\1
HIQI
Iran-:rlrn: ANI! 3YNT1lll.'%IH HI"LI.PAH,K8
t the* intrndmvut it tlw~ law has llvvn to
in zwdbf aro- doubt tha lhn' lfululliluliull is lm Ivan vlnqrlullic
me an ing of "psgo.*l\olol.,*i+:ol inrnpan-ity' to the most zw1"i
moline the
out roses Gfprpnaonality disorders cleurl_\* delnunslrntive of nu utt er Flinn l. The Slnlv I1!'rl1l{NIIM\ llw 'l"i1iPiI\l1 l`u111i1Y un the
insensitiu-iqr Ur mnbiliw In give nwnulug and aignillic:uwv to lhv llmlulnliml ul' law 1\nlim\. r\t*£'ur¢lil1gly, it nhnll nln~l1l.1lhl~n Ha coli
m1HiI1F~ This psyehologic condition luust exist at the* time the Llnrity mul m'tiwl.\° lll'ullullv its Lnlnl dw.-vlupllwltl
`
marring* 1.5 l:~rlebn'ltni. The law das nut evirlelitly emrisinu. upon
11'IiuI\ 18. Mnrringur, ns on iIwin1l1l11o anfcinl innlitnutinn, in lho
go; other hand. am inability
` of th
the sl.'*mlsv t¢1 have svxunl wlatinns thund:\linlI of tlw fiu11ily and 31u111 hu' pmtoctvd by tlw Stnl4.*." tArli
with the other. This conclusion is implicit under Article 54 of the lu IG". WH? {`u»l1Hli1uli411l1
Farris' Code which consider ¢hildwn nmwiwd prior lu the Judy ` '
do] declaration of nullity of the void marriage to be "l4.'gitiu1nte . l`lw sill-ww. pnwisinns e-xl1r("as an well allrl in clistinclly thr-
lmsw 1un:l¢~us 111 our lnwu in I11n11'in1n~ and llw family_ :md thug' in:
The other forms of ps}i'chosoz=. if existing at the inception of' dnnlil. tlw tvlwln we still hold on to
marriage. like the state of a party being of unsound mind Ur con
"I"lw liictunl :wltings in the* case nt lwnrh, ill no mvnnnw al fill
renlruent of drug addiction. habitual alcoholism. hnmosoounility or
c m crew vlusu to lhv stnndnrdn mn\irM in dnnwo al nullils' of
lesbianism. merely renders t.he marriage contract voidnhfr pursy ninrdngc. Un:ivni:ll\l}° ml nnnlomtnndnhlw lmuvl strands B i v \ m d
ant to Article 46, Family Code. If drug addiction, lnibitunl alcohol dospv mU in his prvsviil silnnlinn. RcmNlnlmly, noillwr low
ism. lesbionistn or homosexuality should occur only during the mor um' smivly itmvlf can nlwnys pnwidv all the spwiNc nnswem 'Ln
ridge. they he-eome more grounds for legal separation under Article individual pniblcm
55 of the Family Code. These provisions of the rode. however.
not necessarily preclude the possibility of these various rircnm wIntln:Fonl the petition is l)pinlEl]
stances being themselves. depending on the degree and seventh of SU ORULREI)
the disorder. indicia of psychological incapacity. Nnwnsn fC.JJ. Bid if. Hcwladn. Dniidv. Jr.. Mllosillo. M010
Until fixrther statutory and jurisprudential parameters me Quinsy, Puny, Knpunnn :md Mendoza. JJ., concur
established.
. mtg.' circumstance that may have some being
extent and other conditions Ni that incapacity
must Felicinno, J.. cm leave

'_
go;
.
every case. be carefully examined and evaluate
' ate null is perempt orily
d so
decr
that
eed.
no
The
preelpi
v ell
Pndilln. J.. So dissent
Romes, J., &0 separate concurring opinion
one .no ind:
mdiscrimm ons with
holo gists , and pers
considered opinions of psychiatrists. psyc or even de 4.Diuenting :ind separate opinions are omittM.l
es might be helpful
expertise in psychological disciplin
silwlble. CASE BRIEF
but a lifetime commitment
Marriage is net just sn adventure in our society- . then 1995
We should continue to be reminded tha innate
t Santos v. C.-'IL. 240 SCRA 20. January 4.
w still indelible in Article J. 'hitug
enshrined Io llllll' Civil Code. and even ne (En Banc),
ldlthe FamilyCode.istl'lat -
_ . .
'Nude 1. manage is
-
a spend! =°'*""""' o
f permanent Facts Plaintiff Leonel Santos mar
on September 20. 1956 On May 18
ried defendant Julia Bedim
1988, Julia left for the U.S
\beweenamanamdawnmanennenadmto 1n."°0:&I EE She did not communicate with Lemuel and
did not return to the
win.1.1fm an ggnhliahnlent. Qfwrdvsll and family life. r is the RTC of Negroes Oriental, B
an afuu ' J' and an inviolable social mshtutwn COuntry. In 1991. L»20uel tiled with of the Family
' marriage under An 36
,
nature cnmsequeucaes. ,fig incidents are
gwemed by Wmplaint for voiding of the complaint and the CA affirmed the
la! and in: snlajeu to stipulation. inept 1M1 marn9E¢ settle- Code. The RTC dismissed the
mallup E: the pzuperqr mandana swim the .
mar fii$ m dismissal
the Sam. p r i d e d by this code." lhalics supplledl
 _--
.LE--l

24 l.Y.f}Al. t£l*.H?IAllf7li
FIJNDAHFSNTAI.
:man nnuevrsu ANI:HY'.F IEAECH HKIlJ.¢
H'l'l'~"'llllZl5lB uP mass
25 ii
I
a
Immune: Ilona the fnilnrn nI'Julin Us re-turn hmmm, nr nt lhn vary r
1
Imiul Ln cuixarnuzxh-:nw wiLl\ him. l'ur more than kivu ycnrn cunnlituUi nilmnns or nUstlzrnenla have evolved as courts have put lr.-gn-ther the
pl.yclluln;¢ic°aal irwnlmcity? drnsininnn Uf uiimy related canes. The judges who have formulated
lh4'IH4'! 'l"1i"i1i'»'"l UI' statcmctntn have worker) inductively. They ha ve
llullnir No, the l'nilurl» all-hlliu to rs-.turn hnmri nr to commu- sarmlyzerl the nutcnmra of each cane and than combined those sepa-
nicuU- wullh her hunlmnrl Ive-.mu9l fur morn l.hml five .ycznrn docs nil, raw :armlynuu into a cnhurrsnl whole to form general principle.-an about
uunnlitutaa pyschvlogicul iriullprlcity. hl: Ilr'{r:l al' the Iuw. These gcrnreml principles are than expressed at
Pnyclmluglcnl im-i1put-iI,y must in ¢-}1nrm:L¢.sriz¢ul by iN gravity, an low-I of abstraction that uncork pau-ea the particular holdings of
b) juridicnl urulx-cvcll-rlm-, nnfl my iricrnirnliilily.
all of' the individual cases.
P

When you analyze a legal pmhlem, much as one of your clans

l'n)'l!hnln;.{ic11l im'npIlc'il.y Hlimllfl rrefi-r Lo nu IH114 than It mnntul
nunigrmrncntn, you will do further synth-:min of your own. Synthesiz-
(Mal plhynifsull ivwnpaIcity that cnmicn n pFlrl.y to live truly incnpgnitivr:
ing in the step between your research and your writing. You do
of' thi- Imnic rnnritnl coyvrlsltltn l.}1:lt crmicmnilmilly must he nanumrrri rn14l-nrch by reading one case at a time. If in your writing you
and tlinchurgvtl lay tha- pnrtic-H to thu- /nnrdng11 which, an Hn nx- merely f(-lm»rt each car-xc, one al. a time. then you have compiled a
prunwd by Article BH of the Family ('0:11e, inclueli- thuir mutiml list of case bril-E1, but you have nut analyzed a topic.
ohlignlinnn Up live togutllnr, ulisurvc Invite, ruapurt and lidulity nnrl
rundvr help and Huppnrl.
n. Exercise in Synthesizing (Junes
Thu inlc1ndlmrnt of the low hun Br-rn Ln cnnlinc- tht: manning of
Let us now digest the other canes dealing on psychological
"psycholumcnl incupawity" to the must acrimis cases of mrnonality
incapacity and then syntlresizc these cases,
diaurdern clunky dcmnnutrntivu of :in utter insensitivity nr innhil-
ity lo give morni ng :ind Hignii vrinru Lu the mnrrin
gu. 'Fhiu 1. Briefing of Each Relevant' Case
must cxint a t Thu time the marria ge is ccl-
puyclmlogic condition
chratcd. cm MING Tsol, petitioner, v. COURT OF APPEALS
| aggrieved, even and GINA LAO-TSOI, respondents, GEL No. 119190,
Undcninbly and undnI°eaUlml:lbI_y, ,couul stancis
nt situa tion. Hugr cttab ly, nuith or law our Jan. 16, 1997 (Second Division)
desperate, in his prese
spccilic answ ers W every
society itself can always pmvidc all the
individual problem. TURRES, Jr., J. .
Petition is denied. Man has not invented a reliable compass by which to steer a
marriage in its journey over troubled waters. Laws are seemingly
inadequate. Over Lime, much reliance has been placed in the works
c. Synthesizing Cases of the unseen hand of Him who created all things.
which there is only one
You will rarely work on a problem for Who is to blame when a marriage fails?
ch for a problem will turn
case precedent. More likely, your resear
lem. In orde r to use the princi- This case was originally commenced by a
distraught wife
UD many co:-les relevant to the prob Trial Cour t of Quezon
blem, you must relate against her uncaring husband in the Regio nal
ples that those cases offer Lo resolve your pro annulment of the marriage on
that way, you City (Branch 89) which decreed the
the cases to each other, that is., synthesize them. In Petit ioner appe aled the de-
the synthe- the ground of psycholog ical incap acit JL
can understand the applicable area of law and then use ls (CA-G.R.
cision of the trial court to respondent Court of Appea
s1s to analyze your problem. l Cou rt's deci sion on Novem-
you. CV No. 42758) which affirmed the Tria
The courts will t"requunt.ly have done some synthesis for for
y denie d the moti on reconsid-
ber 29, 1994 and correspondingl
of a cla im for rel wti Feb rua ry 14, 199 5.
Often. in reading cases, you will see definitions eration in 8 resolution dated
or statements followed by a string of citations. Usually, these defi-
 LEGAL RESEARCH
The statement of the case and of the facts made by the trial
court and reproduced by the Court of Appeals in its decision
as follows
From the evidence adduced. the following facts were
preponderantly established
'Sometime on May 22, 1988, the plaintiff married the
defendant at the Manila Cathedral, x x x lntramuroa Manila
as evidenced by their Marriage Contract. (Exh. *'A")
'Airer the oelcbration of' their mam'age and wedding re-
ception at the South Villa, Makati, they went and proceeded
to the house of defendant's mother.
"There, they slept together on the same had in the same
room for the first night of their married life
"It is the version of the plaintiff, that contrary to her
expectations, that as newlyweds they were supposed to enjoy
making love, or having sexual intercourse with each other
the defendant just went to bed, slept on one side thereof, then
turned his back and went to sleep. There was no sexual inter
course between them during the first night. The same thing
happened on the second, third and fourth nights
"In an etTort to have their honeymoon in a private place
where they can enjoy together during their first week as hus
band and wife, they went to Baguio City. But, they did so
together with her mother, an uncle, his mother and his nephew
They were all invited by the defendant to join them. lTJhey
stayed in Baguio City for four (4) days. But, during this pe
the
rio-d, there was no sexual intercourse between them. since
siesta
defendant avoided her by taking a long walk during
sleepin g on a rockin g chair located at the
time or by just
They slept togeth er in the same room and on the
living room.
But our
same bed since May 22, 1988 until March 15, 1989.
ing this period, there was no attempt of sexual interc ourse
s, that she did not even see her
between them. [S}he claim
husband's private parts nor did he see hers
*I'hirUzen\,h Division: Minerva Gonzaga-Reyes. J.. punentc, Eduardo G
'4°"\~==\~=sr~= and Antonio in S0'l1ln4J, JJ.,
concurring
FUNDAMHNTAL RESEA
R( --
5 BRIEFIN(
AND STHTIIESIS OP
CASES
Because of this they sub
examinations to Do Eufemiu
mit
ted themselves for medical
. l Macalnlag, a unolngiat at the
Chinese General Hospital January 20 1989
_"The resu lts of their physical examinations were that
she is healthy, normal and still a virgin, while that
of her
husband'8 examination was kept
confidential up to this time
While no medicine was prescribed for her,
the doctor pre
scribed medications for her husband which was also kept een
evidential. No treatment was given be her. For her husband. he
was asked by the doctor to return but he never did
"The plaintiff claims, that the defendant is impotent, a
closet homosexual as he did not show his penis. She said, that
she had observe-cl the defendant using an eyebrow pencil and
sometimes the cleansing cream of his mother. And that, ac
cording bo her, the defendant married her, a Filipino citizen
to acquire or maintain his residency status here in the noun
try and to publicly maintain the appearance of 8 normal man
"The plaintiff is not willing Lo reconcile with her hue
On the other hand. it is the claim of the defendant that
if their manage shall be annulled by reason of psychological
incapacity, the fault lies with his wife
But, he said that he does not want his lnamlage with
his wife annulled for several reasons, viz: (1) that he loves her
very much, (2) that he has no defect on his part and he is
physically and psychologically capable, and, (3) since the rela
tionship is still very young and if there is any differences
between the two of them. it can still be reconciled and that
according to him, if either one of them has some incapabilities
there is no certainty that this will not be cured. He further
claims. that if there is any defect. it can be cured by the
intervention of medical technology or science
"The defendant admitted that since their marriage on
May 22, 1988, until their separation on March 15, 1989, there
sexual contact between them. But, the reason for this
everytime he wants to
according to the defendant, was that
cour se with his wife , she always avoided him
have sexual inter
and whene ver he care sses her private parts, she always W*-
moved his hands. The defendant claims, that he forced hi8
28
LEGAL HF'SI°IARllIl
FUNDAMENTAL RESEAR
CASE BRIEFING AND SYN CH SKILL; 29
THESIS OF CASES
wife to have sex with him only once but he did
not continue
because she was shaking and :she did not like it. So he stopped Quezon City. Let, another copy
be furnished the Local Civil
Registrar of Manila.
"There are two (2) reasons. according m the defendant
why the plnintifffiled this case against him, and these arc: (1) "SO ORDERED,"
that she is afraid that she will be forced lo return the pieces of
On appeal, the Court of Appeals affirmed
jewelry of his mother. und. t2} that her husband, the defend the trial court's
ant. will consummate their marriage. decision.
Hence. the instant petition.
"The defendant insisted that their marriage will remain
valid because they are still very young and there is still a Petitioner alleges that the respondent Court of Appeal8 erred:
chance to overcome their differences,
"The defendant submitted himself to H physical exami- I
nation. His penis was examined by Dr. Sergio Alter, Jr., for
in affirming the conclusions of the lower court that there was no
the purpose of finding out whether he is impotent. As nu result
sexual intercourse belwccn the parties without making any End-
thereof Dr. Alter submitted his Doctor's Medical Report. (Exh. ings of fact.
"2"). It is stated there, that there is no evidence of imp-otency
(Exh. "2-B"), and he is capable of erection. (Exh. "2-C"}
II
"The doctor said, that he asked the defendant to mastur-
bate to find out whether or not he has an erection and he in holding that the refusal of private respondent Lo have sexual
found out that from the original size of two 12) inches, or five communion with petitioner is a psychological incapacity inasmuch
(5) centimeters, the penis of the defendant. lengthened by one as proof thereof is totally absent.
(1) inch and one centimeter. Dr. Alteaa said, that the delend-
ant had only a soft erection which is why his penis is not in its III
full length. But, still is capable of further erection, in that
with his soft erection, the defendant is capable of having sexual in holding that the alleged refusal of both the petitioner and the
intercourse with a woman. private respond-cnt to have sex with each other constitutes psycho~
logical incapacity of both.
"In open Court, the Wal Prosecutor manifested that there
is no collusion between the parties and that the evidence is
Iv
not fabricated.
After trial, the court rendered judgment, the dispositive in affirming the annulment of the manage between the parties
decreed by the lower court without fully satisfying itself that there
portion of which reads:
was no collusion between them.
"ACCORDINGLY, judgment is hereby rendered declar-
We find the petition to be bereft of merit.
ing as VOID the marriage entered into by the plaintiff with
the defendant on May 22, 1sss it the Manila Cathedral, Ba- Petitioner contends that being the plaintiff in Civil Case No.
silica of the Immaculate Concepcion, lntramuros, Manila, be- Q-89-3141, private respondent has the burden of proving the alle-
fore the Rt. Rev. Msgr. Melencio de Vera. Without costs, Let El gations in her complaint; that since there was no independent evi-
copy of this decision be furnished the Local (" lvil Registrar of dence to prove 'the alleged non-coitus between the parties, there
remains no other basis fm' the r:ourt's conclusion except the admis-
sion of petitioner; that public policy should aid acts intended to

""*<*"°» PP- 20»24. validate marriage and should retard acts intended to invalidate

so LEGAL RESEARCH
them. that the conclusion drawn by the trial court on the admin
sons and confessions of the parties in their pleadings and i
course of the trial is misplaced since it could have been a product of
collusion: and that in actions for annulment of marriage, the mate
rial facts alleged in the complaint. shall always be proved."
Section 1. Rule 19 of the Rules of Court re-ads:
'Section 1. Judgment on Hue pleadings. -- Where an an-
swer fails to tender an issue. or otherwise admits the material
allegatiuna of the adverse party's pleading. thc- court may, on
motion of that party, direct judgment on such pleading. But, in
actions for annulment of mnm'age or for legal separation the
material facts alleged in the complaint shall always be pmvcd.'
The foregoing provision pertains to a judgment on the plead-
ings. What said provision seeks to prevent is annulment of mar-
riage without trial. The assailed decision was not based on such a
judgment on the pleadings. When private respondent testified un-
der oath before the trial court and was cross-examined by oath
before the trial court and was cross-examined by the adverse party,
she thereby presented evidence in the form of a testimony. After
such evidence was presented, it became incumbent upon petitioner
to present his side. He admitted that since their marriag
22, 1988, until their separ ation on March 15, 1989,
e on May
there was no
sexual intercourse between them.
the reason why, as
To prevent collusion between the parties is
e provides that no judgment
stated by the petitioner, the Civil Cod
a stipulation of
annulling a marriage shall he promulgated upon
(Arts . 88 and IU! [pm-. 2hand
facts or by confession of judgment
annulment without trial (Sec. 1,
the Rules of Court prohibit such
Rule 19).
rt because petitioner does not
The case has reached this Cou re is
ulled. This only shows that the
want their mam'age to be ann ner adm itte d tha t he
no collusion between the parties. When petitio tact
had sex ual con
and his wife (private respondent! have never
with each other, he must have been only telling the truth. We are
reproducing the relevant portion of' the challe
nged resolution deny
ing p-etitioner's Motion for Reconsideration, penned
with magister'
rial lucidity by Associate Justice Minerva Gonzaga-R€lv98- viz.:
"Ibid.
' _
FUNIJAMFINTAL RESEARCH SKILL: 31
CASE BRIEFING AND SYNTHESIS OF CASES
"The judgment Of the trial court, which was affirmed by this
Court is not based on a stipulation of facts. The issue of whether or
not the appellant is psychologically incapacitated to discharge a
basic marital obligation was resolved upon a review of both the
documentary and testimonial evidence on record. Appellant admit-
ted that he did not have sexual relations with his wife alter almost
ten months of cohabitation, and it appears that he is not suffering
from any physical disability, Such abnormal reluctance or unwill-
ingness to consummate his marriage is strongly indicative of a
serious personality disorder which to the mind of this Court clearly
demonstrates on 'utter insensitivity or inability to give meaning
and significance to the marriage' within the meaning of Article 36
of the Family Code l*See Santos vs. Court ofAppeols, G.R No. 112019,
.January 4, 19'95)."*8
Petitioner further contends that respondent court erred in
holding that the alleged refusal of' both the petitioner and the pri-
vate respondent to have sex with each other constitutes psychologi-
cal incapacity of both. He points out as error the failure of the trial
court to make "a categorical finding about the alleged psychological
incapacity and an in-depth analysis of the reasons for such refusal
which may not be necessarily due to psychological disorders' he-
cause there might have been other reasons - Le., physical disor-
clers, such as aches, pains or other discomforts, - why private
respondent would not want to have sexual intercourse from May
22, 1988 to March 15, 1989, in a short span of 10 months.
First, it must be stated that neither the trial court nor the
respondent court made a finding on who between petitioner and
private respondent refuses to have sexual contact with the other.
The fact remains, however, that there has never been coitus be-
tween them- At any rate, since the action to declare the marriage
void may be tiled by either party, i.e., even the psychologically
the
incapacitated, the question of who refuses to have sex with
other becomes immaterial.
evidence on record
Petitioner claims that there is no independent
psycho logical inca-
to show that any of the parties is suffering from
pacity. Petitioner also claims that he wante d to have sex with private a
.¢ respondent; that the reason for private 1espondentls refusal may not 6
be psychological but physical disorder as stated above.
'"Homo. p. 34.
 wmLAlm H:NhAHBrrAI. lu:1mAlaf:l4 Wu., an
11 (ZAHI5 nvuxruw ANI) smarmor r-Annu
I
.
it tn be lo, petitioner could have asserted his rigid Nan Up;»qgh ,|,* hilhuvl fTf_l»;l'l§ vi
m a .» umm""m¢ it,ed
.?,"$"m
her what hsilinghgf Turnpkinn, I l l Ad, 599, died in I , (Mil Cfxiu, Pain
*"'"""'""
.n-avh!rlif
n-nu .§¢'"§a':'n;»»¢u=1n» he wanted
. In haw
wi¢hb¢r.I»I¢nnerdsd.A:le=\s1.lh¢f¢unfAhlng
.
Bemldren, If lt .web: :ms that it is the: Wt.; who was murmuring
frfim in-'=Hs»==»£l1m up r».¢¢ up.: amgnam did on! IV* m mud.
tldtkhlduiedwhMuutwdiaonwwwMt and leak the dmdalrartinn of nullify wulurnl his dddm. Thin:
*,"",1,,-¢l,H..¢ia'¢uuuldbr_i&'hazhepre»enr.edinwidence ll
W" was inntiurtad is* the wife vrlwuie nnnn npluNntknu of
mim her marriage were frwstratmd by her hundaurrvfn in1ud4ur;ual¢)y.
iid1"tll"&§lB£p0l1'mhn0d¢dh Crmsiflalrring the innate lrwxhuny rl the Yilipxnrr human, n, in
.my 5¢il¢.puhlledetnu."Sinoertmpeutwnerhdaxm
hard to believer Up: she would e-:puns her privzde iii: U: puck
'lim¢p"¢¢}g§gdbugpedmpsphyilmldurxder I I
1l-crutiny and fahfitcale Lnndinwruy :angniuua her hiuarhuund if It
-pangpriyggguppunduzgiibecameIxiczmmbemt up-un hmm
were nos, neceiuuary In put h4:r life in old-lsr and put w r e her
u p _ - d a iiun- marital 518161,
' labs: rrimpiy rr.-fuses Na
"We are nrfl imprfmwlerl by daffen-dant.'» daijm that #hart
m.;.€°;.."'~;"»';'"»»»».
'" .¥L';.'2*¢;;,""" and the refusal it the evidence proved in the unwillingnvnns nr lad; of intention
:and cement. calm »Ii¢ nnawviwe tribunals attribute the to perfm-rn the :sexual as. which in nut psjrdsalngncal lneapuc-
"F"¢d,,olgpuhgtdyggamaznhbrfmrei'unaI..S-ense» ity, and which can he achieved 'through prrfper motivation."
1nl¢§i-umnndrdlma1heqd1l3]H11¢0PI7d"'Jk!9°a1'"¢3F""* After almrnrt ten mrmths Ni mhahétatirm, the adminairm that I

-
-nl.'.¢Epmlnuel-E§lda3puuaetaha1'¢se:ual unter- the husband in reluctant Ur unwilling to perform the sexual

r -
a&ubHmu*Dn|'ag]{pBycho!0 I
I
act with his wife churn he prorfenaee to i r e very dearly, and
whri has not primed any innurmountsble resistance to hill al-
11
ations under the leged apprrriaehea, in indicative of a hopeless situation, and ul'
Evidmdyamedthe essential marital oblig lprin- a eerioua penra-.onality discrrder that constitutes psychological
tlmeuniv eraa
F yCndeh"l'apmc¥ea:ed1ildrenbasedun incapacity to discharge the basic marital covenants within the
xualouuperatinn isth
d;IEtI:asp|rou'e:a:::inuafd:i]drs:1throughse this oblig ation contemplation of the Family Code."*'
fizlill uwen t of
boii:eu¢idlo:lau1iage.'Ca»malnlt Nam- ge.I n
of them arria are
'algranydash-uyghgimggzizgrm vrba lene ss While the law provides that the husband and the wife
zedrefu.sal uff.»n ¢:¢.» f:he love. respect and fidelity
_eaaeazbenthesuusdessandpru¢rac rihliged to live togethe r, observe mutual
ticm isequivalemtopsy- Mfr. 68, Fe.-nily Coder, the sanction therefor is actua
lly the 'spun-
l:ll:r.':ie=a'naEulEdaeabowenuacritalohlig and not any
taneoua, mutual affection between husband and wife
us. Cuade mo, /20 Phil.
legal mandate of court order" ffudlderrw
Aa apdynaedbyrbereapmademmurz. 1298). Love is useless unless it is shared with
another. Indeed, no
marriage ia to nay
'An examination of the evidence convinc
es Us that the man is an island. the cruelest. act of a partner in
use an ungiven sell' in
want canal intercourse 'I oriuld not have cared less." This in B-D beca
hueshaonfs plea :hast the wife did ndt himself. In the natu-

a an unfulfilled self. The egoist has nothing but

e he was not physically
lilbhinmdnes nut inspire beliei Sinc which brings spous es wlwleneea and
urse during the ral order, it is sexual intimacy
i=ll;ln&enrL,botberdi'Binedfrom sexual interco oneness. Sexual intimacy is a gift and a particip atio n in the my»
15, 1989: that he
euxiretime filrnm ?rIa3'22, 1988 t o *Harsh iérjr of creation. It is a function which
enlivens the hope of pfocrea-
' out of' sympathy
occupied the saome bed with his wife, purely I
tion and ensures the continuation of family rela
tions.
for not ha'-'ing
Br be-r kelila. be deserve-5 to be doubted

pp. 3D»3L
"E:hi.'2."'2:-B.'1:nd'2-4Z.' "Decision, pp- 11-12. noun.
"Pballnln¢in:nllnmqnoaijr.G.'[Vglnlo P Z0.¢i¢¢din 1hFami1xG=»dH
*f""'
Phini-.=-A-une-l=a.p1=¢a». :seed P -SL
 " -

LEGAL 1=nF,sl-zfuzcll
FUNIJAM
CASE HRII.'I."INENTAI. RESEARCH SKILL:
G AND svrmiz
sls DF CASES
athy between in
Ii appears that there is absence of emp In the case of. bar, th
Thef t is - n shared feeling which
tinner and private respondent. of the parties Bo fulfill the
e senseless and
protracted refusal of' one
wife mus t be experienced not only by having above marital obli
betw een husband and . . psychological incapaci gation is equivalent to
spontaneous sexua l intima cy but a deep sense of splntllal com ty.
rumor Marital union is a two-way process. An expressive interest, .Judgment AFFIRMED
in each other's feelings at a time it is needed by the other can go
.
long way in deepening the marital relationship. Marriage is defi REPUBLIC OF THE
nicely not for childlen but for two consenting adults who view the PHILIPPIN
OF APPEALS and RORID ES, petitioner, v. COURT
relationship with love (amer gig fit arnorem), respect, sacrifice and EL OLAVIANO MOLIN
respondents, G.R. No. 108 A.
a continuing commitment to compromise, conscious of its value 763, Feb. 13, 1997
sublime social institution
PANGANIBAN, J..-
This Court, Ending the gravity of the failed relationship in
which the parties found themselves trapped in its mire of unful- The Family Code of the Philipp
ines provides an entirely new
Elled vows and unconsummated marital obligations, can do no less ground fin addition to those enu
merated in the Civil Code) to assail
but sustain the studied judgment of respondent appellate court, the validity of a marnlage, namely, 'psy
chological incapacity." Since
the Code's elfectivitgr, our courts have been
VIEW OF THE FOREGOING PREMISES, the assailed swamped with various
petitions to declare maniagea void base
decision of the Court efAppeals dated November 29, 1994 is hereby d on this ground. Although
this Court had interpreted the meaning
mall
' respects and the petition is hereby DENIED for of psychological incapacity
in the recent ease of Santos u. Court of Appe
ladcofmerit. als, still many judges
and lawyers find difficulty in applying said
novel provision in spe-
cific cases, In the present case and in the conte
xt of the herein
CASE BRIEF assailed Decision of the Court oIIAppeals, the Solicitor
General has
labelled --
exaggerated to he sure but nonetheless expressive of his
Chi Ming Tsai v. CA, 266 SCRA 324,
frustration -
Article 36 as the "most liberal divorce procedure in
the world." Hence, this Court, in addition to resolving the present
Jan. 16, 1997, J. Torres, .Ir. case, Ends the need to lay down specific guidelines in the interpre-
tation and application of Article 36 of the Family Code.
Facts' On May 22, 1988, Gina Lari mam'ed Qhi Ming Tsai. Before us is a petition for review on certiorari under Rule 45
Since their naarniage until their separation on March 15, 1989, challenging the January 25, 1993 Decision" of' the Court of Ap-
there was no sensual contact between them. Gina filed a case of peals** 2 in CA-G.R. CV No. 34858 affirming in MM the May 14,
annulment of' marriage on the ground iN" psychological incapacity 1991 decision of the Regional Trial Court of La Trinidad," Benguet,
with the RTC of Quezon City. The RTC granted annulment which which declared the man'iage of respondent Roridel Olmriano Molina
was affirmed by the CA. to Reynaldo Molina void ob initio, on the ground of "psychological
incapacity" under Article 36 of' the Family Code.
Issue: 16 the failure of the husband to have sexual inter-
course with his wife from the time of the marriage until their
separation OD March 15, 1989 a ground for psychological incaparr-
ity.

Ruling: One of the essential marital ribligatiunss under the

"Rnffo pp, 25-33.
Family Code is "m procreate children based on the universal prin- °"S1z1.cenlh Division mmpnaed ul'J. Sqlundino G. Chun,
mum and chub
nple that procreatirm of children through sexual cooperation is the Seralin V.C., fiuinmnnn and Ricardo P. Galven , JJ., concurring.
""I"1. -/-/,.
basic end of marriage." *"l'rcnidL-d by -ludprv lleilil B. !l'ldl.n:-Phillipps.

L

3-6 LEGAL Rl*ZSl'1AII(]ll
The !*`¢1cl's
This ease was commenced on August 16, 1990 with the filing I
by respondent Roridel O. Molina of u verified petition for deelura. ;
son of nullity of hor marriage to Reynaldo Molina, Essentially, the
petition alleged that Rnridel and Reynnldo were married on April
14. 1985 at the San Agustin Church" in Manila; that a son, Andre
O. Molina was hom; that after a year of marriage, Reynaldo showed
signs of "immaturity and irresp-onsibility" as n husband and a fa-
ther since he preferred to spend more time with his peers and
friends on whom he squandered his money, that he depended ON
his parents for aid and assistance, and was never honest with his
wife in regard to their finances, resulting in frequent quarrels be»
tween them; that sometime in February 1986, Reynaldo was TE-
lieved at his job in Manila, and since then Roridel had been the sole
breadwinner of the family; that in October 1986 the couple had a
very intense quarrel. as a result of which their relationship was
estranged; that in March 1987, Roridel resigned from her Job in
Manila and went to live with her parents in Baguio City, that a few
weeks later, Reynaldo left Roridel and their child, and had since
then abandoned them; that Reynaldo had thus shown that he was
psychologically incapable of complying with essential marital obli-
gations and was a highly immature and habitually quarrelsome
individual who thought of himself as a king to be served; and that
it would be to the couple's best interest to have their marriage
declared null and void in order to free them from what appeared to
be an incompatible marriage from the start.
In his Answer filed on August 28, 1989, Reynaldo admitted
that he and Ron'del could no longer live together as husband and
wife, but contended that their misunderstandings and frequent quar-
rels were due to (II Roridel's strange behavior of insisting on main-
taining her group of friends even after their marriage; (21 Roridel's
refusal to perform some of her marital duties such as cooking meals,
and (31 Roridel's failure to run the household and handle their
finances.
During the pre-tnlal on October 17, 1990, the following were
stipulated
"1. That the parties herein were legally married on April
14, 1985 at the Church of St. Augustine, Manila;
"Solemnized by Fr. Jesus G. Encinas.
t 1-"I
ruz4nA:»1+:n'rAI. RESEARCH SKILL: 37
CASH }31{IEI°IINU AND SYNTHESIS
OF l$J\SF.S
4 That out of their marriage, a child named Albert
I
I
. Andre Olavlano Molina was born on July 29, 1986;
That the parties are separated-in-fact for more than
three years;
4 That petitioner is not asking support for her and
her child
That the respondent is not asking for damages;
That the common child of the parties is in the cus-
tody of the petitioner wife "
Evidence for herein respondent wife consisted of her own
testimony and that of`her friends Rosemarie Ventura and Maria
Leonora Padilla as well as of Ruth G. Lalas. a social worker.
and of Dr. Teresita Hidalgo-Sison, a psychiatrist of the Baguio
General Hospital and Medical Center. She also submitted docu-
ments marked as Exhibits "A" to "E-1." Reynaldo did not
present any evidence as he appeared only dunlng the pre-trial
conference.
On May 14, 1991, the trial court rendered judgment de-
claring the marriage void. The appeal of petitioner was denied
by the Court of Appeals which affirmed in into the RTC's I
decision. Hence, the present recourse. I
The Issue
In his petition, the Solicitor General insists that"the Court
of Appeals made an erroneous and incorrect interpretation of
the phrase 'psychological incapacity' Las provided under Art. 36
of the Family Code) and made an incorrect application thereof
to the facts of the case." adding that the appealed Decision
tended "to establish in effect the most liberal divorce procedure
in the world which is anathema to our culture."
In denying the Solicitor General's appeal, the respondent
Court relied" heavily on the trial court's findings "that the
"°'1'l'te Court of.-'tppeals reproduced in its Decis
ion a substantial portion of the
RTC Decision as folluwaa
ologically incapacitated to mm-
"To sustain her claim that responds-nt is psych
s. petiti oner testif ied that he is immature. imaspunsi-
Pb' wit h his marital oblig ation
an infideL These chazulc:.l~
ble. dependent, disrespect, arrogant. a chronic liar. and
 I-l~.l{l/'l.l» IlRS1'.AH'[lll FUNDAMENTAL Ni:slc
CASE BRIEFING AND S"l' nlu:H SKILL: an
NT}IESIS UF :mass

rlmrrill8*' hvlwv I the prurtics lwnkv up lwcnusw nithui1' nppug
ing and cmllln°bng p¢»l'aonnlitif.~s. Then. it. uddccl its own spin
it l`odu Iivvision Colnlnitbee Ihercinnfizer
ion that *the
l`£' rn~ d to RB the fLlmnn\ittf-ui inU~r\dr.'.d to liburnlize the upplica
dion of our civil laws un pursonmnl :md family n`ghts x x J
concluded that
stirs of respondent are noised on petitioner's testimony that lllu Ihmler foiled m be
gninfully employed filter he was relieved from the Uiliee of the Gcwemment Corps.
rate Cuurlsd sonwlinw in Fvbrunmr 1985. living petitioner an the Hole hrendwinner
.
al' [he family Also when they were sepnrnted in Tuck, respondent prnotienlly Ilbnn-
darned both peuiiener-mother and son except during the find few months it snpnm.
dion when respondent regularly visited his 5011 and give him II montlilgr nllownnee of
P1.000.00 for about two to four months. Respionclenl, is likewise dependent 11111 hi_q
parents for financial aid and support :Ls he hns no savings, preferring to spend his
money with his friends and peers. A _veztr after their marriage, respondent informed
petitioner that he bought an house and lot it BF Homes, Pnmiioque for about. u
million pesos. They then transferred there only fm' the petitioner to discover a few
months later that they were actually renting the house with the resp-undentls par-
ents responsible for the puyment of the rentals. Aside Lin:-m this. respondent. would
also lie about his salary and ubility. And that it present. respondent is living with
his mistress and their child, which fact he does not deny
It is unfortunate that the marriage between petitioner and respondent turned
sour if we look at the bnckgmnnd of their relntionship. During their college days,
when they were still going steady. respondent observed petitioner to be eomaerva-
tiw, homely, and intelligent causing him to believe then that she would make an
ideal wife and mother. Likewise, petitioner fell in love with re:-:-pundent because of
_
his thoughtfulness and gentleness. After o year, however, they decided to break
Lheir relationship because of some dilTerencei=a in their p-ersonalities. Almost five (5)
years later, while they were working in Manila, petitioner and respondent rekindled
their love affair. They became very close and petitioner was glad Lu ohser*-'e a more
mature respondent- Believing that they know -each other much better Elflr.rr two
yearn of 8oing steady; they decided lo settle down and get man'ier.l. [L would seem,
therefore, that petitioner and respondent know each other w e ] and were then
prepared for married life
During their rnnniege however, the true personalities of the parties CTOPPN1*
up ahd dominated their life Together. Unexpeetodly on holla their parts, petitioner
and respondent failed to respond properly lo the situation. This failure resulted in
their frequent arguments and fightings. In foot. even with the inter'-'crllion and help
of their parents who arranged for their pos-sible reconciliation, the parties could noi
ooroe to terms
It seems clear at this state that the marriage between the parties broke-uP
of' them can
becauseand d opposing and oonllicting pemunnlities Isis. Neither
of their
gy-
ample un enatand the weakness of the other. No one giycs in and instead.
"An o groun d for annulment of marriage, We view psy-
cholopncfll Incapacity as H broad range of men
tal and behavioral
conduct on the part of one spouse indicative of how he or she
regards the marital union, his or her personal relationship
with the other spouse. as well as his or her conduct in the
long haul for U10 attainment of the principal objectives of
marriage. lfssid conduct, observed and considered as a whole,
bends to cause the union to self-deatruct because it defeats the
very objectives ul' msMage, then there is enough reason to
leave the spouses to their individual fates.
In the case at bar, We find that the trial judge committed
no indiscreti-on in analyzing and deciding the instant case, as
it did. hence, We find no cogent reason to disturb the findings
and conclusions thus made."
Respondent, in her Memorandum, adopts these discussions of
the Court of Appeals.
The petitioner, on the other hand, argues that "opposing and
conflicting personalities" is not equivalent, to psychological incapac-
ity, explaining that such ground "is not simply the neglect by the
parties to the marriage of their responsibilities and duties, but a
defect in their psychological nature which renders them incapable
of performing such marital responsibilities and duties."
The C'oun"'s Ruling
The petition is meritorious,
In L-cone! Sarztos vs. Court of Appeals," this Court, speaking
thru Mr. Justice Jose C. Vitug. ruled that "psychological incapacity
developing
Code). The unique element ulT pemutneney ufuniun signifies a continuing,
and lifclunag r4*:h1ti-onship b~L*1.we~cn the parties. Towar. ds this end, the parties must
uences off being permanently!
fully understand and uucept the limplicattons and conseq relationship demands fxuzn the
united in maningv. And the main tena nce of this
Parties, among others, determination to succeed in their
manage as well an heartfelt
. the Famihr
unflel-standing, acceptance, cooperation. and support for each other Thus.
(do rvquirms lhvm to live together, _
to obse rve mutu al (love . respect and Edetity,

- each other for whatever problem or mieunderstondinpph they encounter. in

respondent cannot he solely reepomdhle For the feilure of other tsicl momniI¢»
Rather. lhil resulted because both parties cunnui, relniml Lu each uthcr as husband
:md render mulunl help and Qupporl Failure to uheurve
fundumenlnl roles. it n husband and n wife will moat.
l and perform them
likely lead to the bunk-up up
in this rem' Muerialan. pp. 5-8;
the marriage. Such is the unfortunate situation
trod 'life which in unique and requisite in marriage. Or-alg:lnul Records. pp. 70-73)
.*h £oMage in ' . contract Gtpermlanent un-ml bntwcun a mnn :md wnmuh H240 see 20. 34, January 4. 1995-
.

Vu _ bona.: obgodive of mtn blinhing a conjugal and fnrnily life. IA:-rifle I, .Fnmil','»'
 LEHAI. RPA-1l-IAR('ll
FUNDAMBNTAL HFJSEA
CASE lsnIzl-'InG AND SYN RLIH HKILI.: 41
THESIS OF cuss

should refer to no less than n mental to-nt physical) incapacity I I x

A There is nn hope, the man is also livin
and that ttihere is lmndly any doubt that the intendment of the law g with another
woman.
has been to confine the meaning of 'psychological incapacity' to the
moat serious cases of personality disorders clearly demonstrative Q In it also the stand of the psychiatry-ist that the parties
an utter insensitivity or inability to give meaning and Bignificange HOC psychologically unfit for each other but they are psy-
to the rnaniage. This psychologic condition must exist at the time chologically fit. with other panties?
the marriage in celebrated." Citing Dr. Gerardo Veto-so, a foIm€I' A Yes, Your Honor,
presiding judge of the Metropolitan Marriage Tribunal of the Catho-
lic Archdiocese of Manila," Justice Vitug wrote that "the psycho Q Neither are they Wyvhologically unfit for their profes-
sions?
logical incapacity must be characterized by (a) gravity, tb juridical
antecedence, and i s incurability " A Yes, Your Honor.
On the other hand, in the present case, there is no clear The Court has no more questions."
showing up us that the psychological defect spoken of is an incapac In the case of' Reynaldo, there is no sliov-ring that his alleged
its. It appears to us to be more of a "diFficulty," if not outright personality traits were constitutive of psychological incapacity ex-
revisal" or neglect" in the performance of some marital oblige isting at the time of marriage celebration. While some effort was
sons. Mere showing of "irreconcilable ditTerences" and "conflicting made to prove that there was a failure to fulfill pre-nuptial impres-
personalities" in no wise constitutes psychological incapacity. It is sions of' "thoughttttlness and gentleness" on Reynaldo part and of
not enough az- prove that the parties failed to meet their responsi being "conservative, homely and intelligent" on the part of Roridel.
abilities and duties as married persons; it is essential that they such failure of expectation is not indicative of antecedent psycho-
must be shown to he incapable of doing so, due to some psych ologi logical incapacity. If at all, it merely shows love's temporary `blind»
cal (not physical) illness. ness to the faults and blemishes of the beloved
The evidence adduced by respondent merely showed that she Du ring its deliberations, the Court decided to go beyond merely
and her husband could not get along with each other. There had ruling on the facts of this masse vis-a-vis existing law and jurispru
been no showing of the gravity of the problem, neither its juridical hence. In view of the novelty otlArt. 36 of the Family Code and the
and ap-
antecedence nor its incurability The expert testimony of Dr. Sison difficulty experienced by many trial courts in interpreting
mic: c u r e name ly. the
showed no incurable psychiatric disorder but only incompatibility, plying it the Court decided to invite two
Vicar Judici al r'Ph:=s iding Judge ) at
Most Reverend Oscar it Cruz.
not psychological incapacity. Dr. Sison bestitiedzm lic Church
the National Appellate Matrimonial Tribunal of the Catho
a memb er of the
in the Philippines, and Justice Ricardo C- Palo,"
COURT
iatrist
It is therefore the recommendation of' the psych nal review all decisions of' the
gs that it is bette r for the Cour t to "'The National Appellate Matrimonial Tribu
based on your findin e in the country. Aside from bending
marriage tribunals of each archdioceac or dionn
annul fain) the rnania ge? Mos t Rev. Cru : is also incu mbent president of the Catholic
the Appellate Tribunal,
p of Dngupan-ljngayen, and hui-do
Bishops' Conference of the Philippines.Anrhbi¢tho
Yes, Your Honor. end! Doc tor of' Divinity. Archbishop Cm: we
the degrees of Doctor of Canon law
ary Cou ncil oft' Lhe Philippines PCP H
also Sfucrelary-General 4:llth.e Second Plen
There is no hope for the marriage? lD Fe bru ary 1? 1991. which in the rough equivalent oh
held from January 20. [991 Church and where the
-entiun in the Philippine
Pflrliumcnt, or n crnualiluliunal mm the ge of being o'wendleh:l:ted be' hi.
P0nerli'c. who was a Council member.
had privile .
keen mind and prt\!lrel'f1.1l diecernments- the Co urt of' Appeals, :en d Hinidenr
"Justice Puno wa8 a former member of er:
pra ctit ion
"Quoted from Justice Alicia Sempirr-liiy, Hun-rfbfxak in Had* .F-'umify Cade, First ofduistiee, author. noted civil law profesaoa' and law
1958
"ran, April s, 1991, P.r.,
 LEGAL nF.sl~:Aln'I I
FIINDAMENTAL RESEARCH SKILL' pa
CASE BRIEFING AND syn'rHF.sls
OF CASES

Family Code Revision Committee. The Court takes this occasion to

thank these friends of the Court for their inllormal,ivc and interest ;PlignntiFahonad
|

he
Wil!!
assuming, or knowing them, could not have
aasumptuon thereof. Although no example of such inca-
ing discussions during the oral argument on December 3, 1996 d be green here so as not to limit the application of the
opacity
which they followed up with written memoranda
provision under the principle off qjusdem generis, nevertheless such
From their submissions and the Court's own deliberations met cause must be Identified as a pB3»'cholog'ical illness and its
the following guidelines in the interpretation and application or incapacitating nature fully explained. Expert evidence may be given
by qualified psychiatrists and clinical psychologists
Art. 36 of the Family Code are hereby handed down for the grid
once of the bench and the bar (3) The incapacity must. be proven to be existing at "the
(1) The burden of' proof to show the nullity of the marriage time of the celebration" of the marriage." The evidence must show
that the illness was existing when the parties exchanged their "I
belongs to the plaintiff Any doubt should be resolved in favor of
the existence and continuation of the marriage and against its
do'5." The manifestation of the illness need not be perceivable at
such time, but the illness itself must have attached at such mo-
dissolution and nullity. This is rooted in the Pact that both our
ment, or prior thereto.
Constitution and our laws cherish the validity of marriage and
or
unity of the family. Thus, our Constitution devotes an entire Article (4) Such incapacity must also be shown to be medically
on the Family."2 recognizing it "us the foundation of the nation." lt clinically permanent or incurable. Such incurability may be abso-
lute or even relative only in regard to the other spouse. not neces-
decrees marriage as legally "inviolable," thereby protecting it from
mar. sarily absolutely against everyone of the same sex. Furthermore,
dissolution at the whim of the parties. Both the family and such incapacity must be relevant. to the assumption of marriage
rage are to be "protected" by the State. obligations, not necessarily to those not related to marria
ge, like
edict on mar- or employ ment in a job. Hence, a
The Family Code" echoes this constitutional the exercise of a profession
nence , inuiol obil- may be effectiv e in diagnosing illness es of childre n
perma pediatrician
riage and the family and emphasizes their psychologi-
and prescribing medicine to cure them but may not be
fry and solidarity. to procre ate, bear and raise his./'he r own children
cally capacitated
gical incapacity must be
( 2 ) The root cause of the psycholo as an essential obligation of marriage.
tified , (bl alleg ed in the complaint, (cl
(a) medically or clinically iden (5) Such illness must be grove enough
to bring about the
clearly explained in the deci-
sufficiently proven by experts and (d) disability of the party to assum e the esse ntial obligations of mar-
Code requires that the incapacity
sion. Article 36 of the Family riage. Thus, "mild characteriological pecu
liarities, mood changes,
must be psychological - not physical
, although its manifestations occasional emotional outbursts" cann ot be acce pted as root causes.
e the
sical, The evidence must convinc acity or inability, not
and/or symptoms may be phy or psy chi cally The illness must be shown as down right incap
of them, was mentally ill will . In other woods,
court that the parties, or one hav e kno wn the a refusal neglect or difficulty,
much less
person, an
person could not g fact or in the
ill to such an extent that the there is a natal or supervening disa blin
ity stru ctur e that effec-
adverse integral element in the personal and thereby
rea lly acc epti ng
tively incapacitates the person from
tions essential to marriage.
complying with the obliga
tions must be those embraced
""Art.icle XV
THE FAMILY The essential marital obliga
of the (6) s the husband
o Family as the foundation Family Code as regard
. Section 1. The Sta
te recognizes the Filipin
and actively promote
its mud by Articles 68 up to 71 of' the an d 22 5 of the same Code in
shall strengthen its solidarity icles 220, 221
and wife as well as Art
|
nation. Accordingly, it plied marital
children. Such non-com
development
tract of permanent unio n between n man regard to parents and their
"'An. 1. Marriage is ` a special con . ll of noDjUso
-lshmlf
fur the est abl
and a wotan entered into in accordance with law iola ble soc ial inslitutiol\
an inv
and family life. It is the foundation of the family and h`ed. 10 o 13. 1994.
, 233 SCRA 100. Jun
re , conse quenc es, and inci dents are governed by law and not so dun
ns J llH "Sniila vs. Mngitllia
no' uhnntu lix the prnpcrty relatio
up son, ¢I4=epl.t'nnt marriage settlements may
manage within the limits provided by this Code."
 LEGAL Rl-"'v1EAH(lll
F'UNIlAMHNTAl. RE
SEARCH SKILI.;
BRIEFING AND swrllt
obligationtsll must also be
A.

stated I the petition.
and included proven by eviden;-9
the text of the decision.
my) Interpretations given
be the Nnticmnl Appellate
mania! Tribunal of the Ca Mum
tholic Church in the Philip
not controlling or decisive. sho pines while
uld be given great, respect
courts. It is clear that Article b.,
36 was taken by the Family
Revision Committee from Canon 109 Code
5 of' the New Code of' Canon
Law, which became eITecti1..e in
1983 and which provides
"The following are incapable of con
tracting marriage.
Those who are unable to assume the
essential obligations of
marriage due to causes of psychological
nature."
Since the purpose of' including such provision in
our Family
Code is to harmonize our civil laws with the religio
us faith of our
people, it stands to reason that to achieve such harmon
ization
_
great persuasive weight should be given to decisions of such rappel
late tribunal- Ideally subject to our law on evidence
-H who;
decreed as canonically invalid should also be decreed cm y vol
.zsls OF CASES
prosecuting attorney, shall submit
IN the court such certification
within fifteen l15) days from the date
the case is deemed submitted
for resolution of the court.. The Solicito
r General shall discharge
the equivalent function of' the defense vfnculi contemplated
canon 1095
under
~»ul,
In the instant case and applying
Leone! Santos. we have al
readY ruled to grant the petition.
Such ruling becomes even more
cogent with the use of the foregoing guide
lines
WHEREFORE, the petition is GRANTED. The
assails-"rd Des
sign 15 REVERSED and SET ASIDE. The marriage of Roridel
Ulaviano to Reynaldo Molina subsists and remains valid
SO ORDERED
N iv s , CJ., D vide, Jn. Belfosifkr. Memo. Puno. Francisco
Hermosfsima, Ja: and Torres, Jn. JJ.. concur.
Padilla, J., See Separate Statement

Regafado, Kaplan and Mendoza, JJ., concur in the result

This is one instance where, in view of' the evident source and
purpose of the Family - CGoe pro vision 9 contemporaneous rehgwus
_
Romero, J., Please see separate opinion
of H the State and Vitus, J., Please see concurring opinion
interpretation is to be green persuasive 1: act.
while remaining Independent, separate aN a aPart
ere, .
the Church (Separate statements and concurring opinions are omitted)
from each other . .
shall walk together in sandal cadence b o a r d s
the same goal of protectfngh andtchenshlng marriage an
d the f 'lr
. .
as the uwmlable base o t e no non
arm CASE BRIEF
.
*.;'§" *hi
Pros §;';.;l
t g attorney OI'
( 8 ) The trial court must for the 518143
s Republic v. CA. 268 SCRA 198. Feb* 13, 1997
]

Fiscal and the Sohcator Genera

No decision shall be handed downPP
J. P8llganiban
. unless the Solicitor General
.
.
issues 8 certification, which will be qu
. . . n, bne
TO to d . clslo ' fly

-
stating therein his reaso, _
ot ed
ns for his agreement or oppos
1
..
G e ition, as the Facts: On April 14, 1985, plaintiff Roridel O. Molina married
may be, to the pet1tlon- The Sollclto one al, along WI'th the
I" G Reynaldo Molina which union bore a son. After a year of marriage
r
Reynaldo showed signs of immaturity and irresponsibility as a hus
band and father as he preferred to spend more time with his friends
honest with
depended on his parents for assistance, and was never
'This text is U1lzen from the Memorandum ofiirchbishop Cruz. On the other his wife in regard to their finances resulting in frequent quarrels
bl:nd.thet.enuaedinSamosua CA reads: .
'Canon 1095. They are incapable gfmnlrncllng manage between them. The RTC granted Roridel petition for declaration of
nullity of her marriage which was affirmed by the CA
me :he
8. Who for causes d' psychological nature are unable to assu contiicting personaii
till obligation. of manage ' . . Issue: Do irreconcilable differences and
The diflienuee in wording between this and that an Arch. Cru
z's Memoralt
mns ties constitute psychological incapacitY
gm, in do to nm he 1.h8/. u* original Canon ix written in Latin and both vens
.lt dilhuuuddy-uordnd Endiah translations
 444 LEGAI, RESt-IARllll
.
1982 llisli. BJ," Lyra. hum on Moy 22 1HHB tlixh. Pi,"
ham on June 15, 'l§l8*11.l'.1ch. III"
' :I :il1l1 I.1n_
1111
Un July 10. lqq2_ pvlillum~1 . Iilvul l\vH\l'v tl11~ l{{'Minu'1l 'l'r`
u.
all
Court. Brnnrrh IS. 'l`ugu.\'tuy City. n lwtitinl\ swkirii; Ills imnulim*n |.
L is [Ive years 0-ldcrr than private naspnndent, wma then in her first
of hur tnnrriagv to l)nl~»'11te llrspu11dlL'IH un [he l.:ruuml of 1"*l'f'C1m
[u1;i-
ml lncnpxlrilm'r of Thx* Inllvr. qhc
Is. l\ll1*gud thnl 1`I'u11: the li111r- nf U .
. \Qlr
marriage up to lh1;~ tiny of the tiling uflhv suit, privulv r4L~sl»oIi{l1.nt
failed to perform his obligation lo suppnn-t the family and ¢-Um .
:-
Me to the luanngement of lhv honseholcl. devoting most of' his tim
. e
vngnging in drinking sprvvs with his friends. Slie lilrtlier clnimoq
l
that private respondent. :after thw wfsrv m.-Ir1'ie¢L u:llnhiie<l with
another woman with whom ho had an illvgilinmitc child, while
having affairs with dilTerent women, and thai. because ut his pro-
niiscuity. private respondent endnngeled her health he infecting
-
her with n sexunllv transnmissiblc clisiease (t5'llDL She nverrcd Thai
private respondent w'as irresponsible. immature and unprel1-sired
jin' the duties of n married life. Petitioner l)1':\_vcd that jin' having
abandoned the family private respondent he ordered no give sup-
port to their three children in the total amount of' P9,DOiJ.00 every
month, that she be awarded the custody of their children, and that
she be adjudged as the sole owner of' n parcel of land located at Don
Gregorio Subdivision l in Bo. Buell. Dnsniariiums, Cavite, purciizlsed
during the marriage, as well as the jeep which private respondent
I took with him when he left the conjugal home on June 12, lose."
On October 8, 1992. because of private respondents ihilure to
file his answer, the trial court issued an order directing the assist-
ant provincial prosecutor to conduct an investigation to determine
if there was collusion between the parties." Only petitioner np- _ respondent- For his part, pri*-'ste respondent said he would end the
poured it the investigation on November 5, 1992. New:-rtheless, the
pmeecutor found no evidence of collusion and recommended
that
the case be set for trial."
the facts
Based on the evidence presented by the petitioner,
are as I`oIlows:'*
"Id p. 8.
*!d., p, 9.
"Id, p. 10.
"P¢~Liticin. RTC Records, pp. l-I.
"HOC Hmm, p- 24.
"rut, P 25.
"'MSN. up. 6-56, Nnv, 13, l992: nv- 3-31, Doc. as. 1992,
I-'uxrmnml.:nTA1. RPI.".i['IA1{CII
¢TA!.1l'g IHIIEFIN(I AND SYN HKILI: 49
TIH.°.8IS UI* CASES
l'¢-til.ium-r and .
private l'0SI'JOI\del'll me. in 1977 at the Phihp-
|
pine Lhrlntliln University ln lluumarMs . ns, Cavity, Petitioner, who
»
kefir :JF leaching :in-nlngy and litany. l'rivat.e respondent. a college
trqahmnn. wax her student, for Lwu ,|:onam:uLi~.'L- semesters. They
became :-iv-'evthez\rt.s in I"cllruar],r 1979 when she was no longer
private resprindenfs teacher. Un January I, 1981. they were mar-
rind.
Private renpnnclent continued his studies for two mere yearn.
His p a r t s Enid Eur his tuition fees, while petitioner provided his
nllnwances and other financial needs. The family income came from
petitioner's salary as a faculty member of the Philippine Christian
Unive rsity. Petitioner augmented her earnings by selling
"Tupper'wnre" pre-ducts, as well as engaging in the buy-and-sell of'
cuflbe, rice and puiuorora.
Inrnm 1983 up to 1986, as private respondent could not [ind a
stable job, it was agreed that he would help petitioner in her busi-
nesses by delivering orders to customers. However. because her
husband was a sp-endthrift and had other women. p»etitionerls busi-
ness utTered. Private respondent often had smoking and drinking
sprees with his friends and belted on fighting cocks. In 1982, after
the birth of their first child, petitioner discovered two love letters
twitter by a certain Reality Villena to private respondent. She
knew Villena as o married student whose husband was working in
Saudi Arabia. When petitioner confronted private respondent, he
admitted having an extra-mairital aiToir with Viilenn. Petitioner
then pleaded with 'Jillene to end her relationship with private
etToirs. but he did not keep his promise. Instead. he left the cornu-
gel home and abandoned petitioner and their child. When private
despite
respondent came back. however. petitioner accepted him,
ndent ls infide lity in the hope of saving their marriage-
private re-spo
e respond-
Upon the recomniendzuion of a family friend, privat
Inc. in San
ent was able to get. a job of. Reynolds Philippines.
ver, private respondent
Agustin. DssnntriNss. Cavite in loss. Howe
was employed only until :Slou
_ ch 31. 1991 . beca
self of the e harli' netnremelit plan alTered by the cmnpanv. He
u
_
use he availed him-
re-
ad of spend ing the
ceived P:'i~3.000.0(i in retirement psi. but inste
amount t`or the ne-eds of the family, private respondent spent the
entire amount within four
money on himself and consumed the
I
I months of his nrtireiuent.
 a
so Lxmu. RSSB.-'LRCH
While private respondent worked at Reynolds Philippines, Inc..
his smoking. drinking. gambling and womanizing became worse.
Petitioner discovered that private respondent carried on relation-
ships with different women. He had relations with n certain Edna
who worked at Hazakit Angie. who was an operator of a billiard
hall: Tless. a "'Japm'uki": Mama Macatangay. a secretary at the
Road Master Drhrerls School in Bryan. Dasmarifias. Cavite. with
whom he cohabited for quite a while: and, Ruth Oliver. by whom he
had a daughter named Margie P. Oliver. born on September 15,
19*S9 iExh. El." When petitioner confronted private respondent.
about his relationship with Tess. he beat her up. as a result of
which she was eonhned at the De la Salle University Medical Center
in Dasmarifias. Cavite on July 4-5. 1990 because of cerebral con-
cussion \E1\I.lL FLY
Aoconding to petitioner. private respondent engaged in extreme
`
promiscuous conduct during the latter pan of 1986. As a result.
private respondent contracted gonorrhea and infected petitioner.
They both reoeived treatment at the Zapote Medical Specialists
Center in Zapote. Bacoor. Cavite from October 22, 1936 until March
13. 1987 lExhs. G & HL"
Petitioner averted that on one occasion of a heated argument.
private respondent hit their eldest child who was then barely a
year old. Private respondent is not close to any of their children as
he was never affectionate and hardly spent time with them.
On July 17. 1979. petitioner entered into a contract to
sell
¢Exh. Jo" with F 8: C Realty Corporation where
by she agreed to
buy from the latter a parcel of land at the Don
Gregorio Heights
.
Subdivision I in Bo. Bucal DasmariNas, Cavit
rial payment of P31,330.00. On May 26, 1987
e and placed a par-
, after full payment of
the amount of P51.067,10, inclusive
of interests from monthly
installments. a deed of absolute sale
lEch. KF" was executed in her
favor and TCT No. T-221529 4 Exh. .\U*'
° was duly issued.
enc Records, p- 37.
"/d-. p. 38_
pa.. PP- 39-40a.
w.. PP~ 41-sa.
"/'~ PP- 4445.
"'rd.. P- 4':.
FUNDAMENTAL RE
SEARCH SKILL:
CASE BRIEFING AN 51
D SYNTHESIS OF CASES
I According to petitioner, on August 1, 1992
written letter" to private respondent
, she sent a hond-
expressing her frustration
I 1!
OVCI" the fact that her efforts to save the
ir manage proved futile.
E In her letter, petitioner also stated that she was allowing
him to
I sell their owner-type jeepney"* and to divide the proceeds of the
sale between the two of them. Petitioner also bold private respond-
I ent of her intention to file a petition for the annulment of their
! marriage.
lt does not appear that private respondent ever replied
: petitioner's letter. By this time, he had already aband
to
oned peti-
I tioner and their children. In October 1992, petitioner learned that
1
I
private respondent left. for the Middle East. Since then, private
iespo-rldent's whereabouts had been unknown.
Ester Alvaro. petitioners childhood friend and co-teacher at
the Philippine Christian University. testified during the hearing on
the petition for annulment. She said that sometime in June 1979,
petitioner introduced private respondent to her (Al fa1-oi as the
forlner's sweetheart. Alvaro said she was not impressed with pri-
vate respondent who was her student in accounting. She observed
private respondent to be fun-loving. spending most of his time with
campus friends. In November 1980, when petitioner asked Al faro
to be one of the secondaijr sponsors at her forthcoming wedding,
Alfaro wanted to dissuade petitioner from going through with the
wedding because she thought private respondent was not ready for
man'ied life as he was then unemployed. True enough, although
the couple appeared happy during the early part. of their marriage,
it was not long thereafter that private respondent started drinking
with his friends and going home late at night. Al faro corroborated
petitioner's claim that private respondent was a habitual drunkard
who carried on relationships with different women and continued
hanging out with his friends. She also oontirmed that petitioner
Was once hospitalized because she was beaten up by private re-
spondent. After the first year of petitioner's marriage. Al faro tried
to talk to private respondent. but the latter accused her of med-
dling with their marital life. Alvaro said that private respondent
Was not close Lo his children and that he had abandoned peu-
tinner."
"{d,, pp. 49-51.
Wd., p. 48.
"1'sN. PP. a2-6s. Dee. s. 1992.
 I 'I

52 LEGAL RESt-ZAR(-l I FUN DAMENTAL

CASE BRIEFING AN RESEARCH SKILI.: 53
D SYNTHESIS or CA
SES

On April 10, 1993, the trial court rendered a decision" dis-
missing the petition for annulment of marriage filed by petitioner.
The pertinent. portion of the decision reads*
The Court can underscore the fact that the circulnslances
mentioned by the petitioner in support, of her claim that re-
'l
spondent was "psychologically incapacitated' to marry her are
among the grounds cited by the law as valid reasons for the
grant of' legal separation (Article 55 of the Funnily Code) - not
as grounds for a dwlnrntion of nullity of marriages or annul-
ment the-reoi Thus. Article 65 of the same code reads as Fol-
lows:
.-gonorrhea" transmitted to the petition
er by respondent occurred
sometime in 198. 6 , Ur five (5) yeans after petitioner's marriage with
. _
rcgpoiiclcnt web celebrated in 1981 The provisions of Article 46,
parn!§"11Ph (3) of the same law should be taken in conjunction with
Article 45, paragraph (3.1 of the same code, and a careful reading Ni'
the tw o (2 ) provisions of the law would require the existence of this
ground 4 fraud) at. the Lime of the celebration of Lhe marriage. Hence.
the annulment of petitioner's marriage with the respondent on this
ground, as alleged and proved in the instant case, cannot be legally
accepted by the Court.

i
Petitioner appealed to the Court of' Appeals which, in Janu-
Art. 55. A petition for legal separation may be filed on ary 30. 1996, rendered its decision affirming the decision of the
any of the following grounds: trial court. Citing the ruling in Santos u. Court of Appeals," the
Court oflAppenls held"
{1] Repeated physical violence or grossly abusive con-
duct directed against the petitioner, £1 common child, or a child It is clear in the above law and jurisprudence that the psycho-
of the petitioner; logical incapacity of a spouse, as a ground for declaration of nullity
of niawiage, must exist at the time of the celebration of marriage.
More so, chronic sexual i n fidelitgr, abandonment, gambling and use
(5) Drug addiction or habitual alcoholism of the re- of prohibited drugs are not grounds per se, of psychological incapac-
up-ondcnt: ity of a spouse.
We agree with the Solicitor General that petitioner-appellant
failed to prove that her respondent.-husband was psychologically
(8) Sexual infidelity or perversion:
incapacitated at the time of the celebration of the marriage. Cer-
tainly. petitioner-appellant's declaration that at the time of their
with- marriage her respondent-husbandls character was on the "border-
(10) Abandonment of' petitioner by respondent
cause for more than one year. line between a responsible person and the happj,'~go~lucky," could
out. justifiable
not constitute the psychological incapacity in contemplation ofArt1-
l cle 36 of the Family Code. In fact, petitioner-appellant herself as-
Code of the Fhilippines,
I
cribed said attitude to her respondent-husband's youth and very
If indeed Article 36 of the Family
pacity as a ground for the decla- Q.| good looks, who was admittedly several years younger than pet1~
which mentions psychological inca nded to include the tinner-appellant who, herself, happened to be the college professor
e, has inte
ration of the nullity of a marriag of her respondent-husband. Petitioner-appellant even described her
above-stated circumstances as
con stitu tive of such incapacity, then
l
I respondent-husband not as a problem student but a
normal one (p-
the same would not have been
enumerated as grounds for lega I
24. TSN, Dec. 8, 19921.
separation. by petitioner-appellant
is not disposed to grant relief The acts and attitudes complained of
In the same manner, this Court the happened after the marriage and there
is no proof that the same
er Article 46, paragraph (8} of
in favor of the petitioner und the
as there is no dispute that
Family Code of the Philippines,

""3l0 Fail. 22. 240 SCRA 20 (1995).

Fi Guerrero. "RoHu, pp. 44-46.
"Per Acting Presiding Judge Eleutcrio
"RTC Records, pp. 58-5 9.
54 unml. nlasnnlzrll nlnl»Ams:nrral, l.(lr...*1.1\'.AR11'll
HK1l.1..
r-'A.'il¢ IIHIHP1N41 RN!! l'iYT€Tll1F.
HlB 01" :'A3F.H

have ulrmldgr rxisloxi it the* l i v of llw l'vlvh1'u.1nm of 1lu- m:Ir1'in|,;£.

to constitute the pa}'chnlnlm~1\l 1w.':\1m¢~1ly nmlvr AI-1ivlv .so 411` ill.
Family Co-rle.
1

-
Hence, this l.wti\il.m. 1'vtili-uuwr cul\ll.~1uia that i l l 1':~Hpu1\dum
Lmaft of Appeals ernni
l,,,.l»11
1,1111\.
l*if much \ac:llam:ily hecumcl mnnifnst only nI\nr kg, solcmnizn-
In Snnrruc ii. (.'arm' of A,r»pv-n!n.* WE hold:

"lhryclrrrlutgicnl incnpalciI.y' nhnuld refer Us no 1:13 than I

I. IN FTNUING THAT 'HIS l'S\'{'llOl.Fl(I1(°Al. IN(`:"\|'A('-
I.y
ITY OF THE l'l{l\':'\'lll°. 1:1-:e-=l=m~:lw::~r'l' TU <'¢:mIp
WITH IHS ESS!-1N'1ll.-"\l. M.-\l{l'llAI. Ul1l.IG¢'\'lll('lNS lllh
Tl()N
Nl'1"l` l-:xlsT I~'HN:sI 'nllc 'l`1I'»lE UI" THE ('l°11.1il!RA
II
mental Inn. physical) incnpirclty that causes a party to be
I
truly' intffvl-triitiye of' the basic marital covenants that :oncomi-
1un1ly must. he axnumrrrl and discharged by the portion Ur the
mairrisrge which, is so expressed by Article 68 of the Family
Cntlu, include their mutual obligations m lieu together, ob-
I

Gl'Z. serve love, respect and fidelity and render help and support.
DF THE P-1.-*l.RR1.-'\ There is hardly any douhl. that the intendment of the law has
NUT
II. 1r~r RULING TIL-"l.'l` 1"1{I\-'A"llFl nlespur~1lul€n'1' WAS CTl]Ml'lJ'{
been to confine the meaning of "psychological incapacity' Ur
P75~l\l(.IH\ l)I.0lli1 CI.~*\ I.l.'\' I¥\5£l .°'sPe '\(ll'1IA 'lll"l} To the most serious cases of personality disonlers dearly demon-
NS-
w1'1'H ms ES-SEI*i'1llAI. M;\R\T:'\l.. OBl.1G.r\'l`lO strative n1` on utter insensitivity or inability to give meaning
'1`Hl'. TRIAL and significance to the manage. This psychological condition
ul, ix A1-*1='IR:»11:~:G THE l)EClSIUN OFl'FIRZ\-IAN1€NT must, exist at the Lime the marriage is celebrated. The law
OF
COURT DENYING TH1-1 AWAl¢D does nm, evidently envision, upon the other hand, an inability
THE CIII LDR EN T() I'}-'TI'rIOI'~lI-]|{- This
CUSTODY OF of the spouse to have sexual relations with the other.
ISION of# Tm-. TRIAL conclusion is implicit under Article 54 of the Family Code
IV. IN AFFIRMING THE DEC
l{ FUR ISSUANFE OF which considers children conceived prior to the judicial decla-
COURT DENTING THE PRAY1§
wv rlc RESPONDENT TO ration of nullity of the void marriage to be '1egitirnate.'
AN ORDER REQUIRING pm REN IN THE
EE" CHILD
GIVE SL'PPORT TO THE THR ILD. The other forms of psychoses, if existing at the
'inception of
000 .00 p1-: R CH mind OT mn-
AMOUNT OF F3. marriage. like the state nl' a party 3' `
being of unmu nd
v REAL PROPERTY AC- cenlment nl' drug nddicticm, habitual alcoholism
. homosexuality or
1:-: :~:oT DECLARING THE HE R Exe`I.USWE FRGF- rende rs the marri age contr act voidable pursu-
leshinnisnm, mc-rely
QUIRED BY PETITIONER'S ction . habi tual alcohol-
ant to Article 46, Family Code. If drug addi
ERTY. ism. li-ihinniami or homosexu ality' shou ld occu r only durin g the mar-
nun-ringe of peti- lega l sepa ratio n unde r Article
is whether or not the riage. they become more grou nds for
The issue in this case nulled on the ground of s of the Cod e. how ever, do
pondent should he an 55 of the Family Code. These provision
tioner and private res iw. not necessarily preclude the possibility of these various circum-
psychological incapac
private reepondenfs stances being tl\enn\e1\'ei=. depending on
the degree and severity of
als erred in hull-ding
at the Court of Appe the izlienrder, indicia of psychological incslp
.-'tcit;.'
Petitioner alleges th pri vafut* rcspunilcnth
lisyr:hol=T>|-Ii-
Bo sh ow th at
that petitioner failed n of Llw mar- Until fm'tlwl' statutory and jurisprudential parabe tcra are
at th e tim e of the celebratio mow hav e som e anno on
cal incapacity ex isted apacity of priw1t42 Cstuhlizclwd, uwzery circumstanc e tha t .
th e fac t Lhal the acts of inc ns of' that inca pacity must. m
rage. She argu es Lh at al,inn al' their mar- lhc -[llvgvov, -vxlvril. :md othe r con ditio
ly nlll,4::r the celul.1r
I

m e m an ife st on evaluated so that no precipi-

he ciiwfiiilgi- ezcnniined and
respondent beca th e annulment of' lllvir
1nnmngc. 0\'1*I'y (,'lI:il_l_
t he a ba r to
riage should no l
de uluwn:
An. 36 of' the Family Co e of lhv
by lm ) pa rty who, al. No tim °'°:"l.:l nm'-uuhwl *w I-TN. Nu. 227 dated July IT, 1957.
A marriage cnmrac tfr cl with Llw "Snpm. :it 4\'°-\1.
hn lng ica lly il\c np nci1.:1tre<l in r0-n1p11v' ln- vnu!
yc
celebration. was ps llkvwiac
tionn of mnrrisilgma, shrill
essential marital ublign

II
 LEGAL RESEARCH
Tate .and indiscriminate nullity is peremptorily decreed. The well
considered opinions of psychiatrists, psychologists, and persons with
expertise in psychological disciplines might be helpful or even de
sirable
In the instant case. other than her self-serving declarations
petitioner failed to establish the fact that at the time they were
married. private respondent was suffering from a psychological de
feet which in fact deprived him of the ability to assume the essen
rial duties of' marriage and its concomitant responsibilities. As the
Court of Appeals pointed out, no evidence was presented to show
that private respondent was not cognizant of the basic marital
obligations. It» was not sufficiently proved that private respondent
was really incapable of fulfilling his duties due to some incapacity
of a psychological nature, and not merely physical. Petitioner says
that at the outset of their marriage, private respondent showed
lack of drive to work for his family. Private respondent's parents
and petitioner supported him through college. Alter his schooling,
although he eventually found a job, he availed himself of the early
retirement plan offered by his employer and spent the entire amount
he received on himself For a greater part of their marital life,
private respondent was out ofjoh and did not have the initiative to
lo-ok for another. He indulged in vices and engaged in philanden'n,
and later abandoned his family. Petitioner concludes that private
1-espondent's condition is incurable, causing the disintegration of'
their union and defeating the very objectives of marriage.
However, private respond:nL's alleged habitual alcoholism,
sexual infidelity or perversion, and abandonment do not by them-
selves constitute grounds for finding that. he is suffering from a
psychological incapacity within the contemplation of the Family
Code. It must be shown that these acts are manifestations of a
disordered personality which make private ncspondent completely
unable to discharge the essential obligations of the marital state,
and not merely due to private respondent's youth and self`-con-
scious feeling of being handsome, as the appellate court held- As
pointed out in Republic of the Pizifippirzes v. Court o;!IAppeals:9°
The root cause of the psychological incapacity must be: to)
medically OI' clinically identified, (b) alleged Ill the complaint, (cl
sufficiently proven by experts and (dl clearly explained in the deci-
"'3Z85 Phil- 664, 676-6
80, 268 SCRA 198, 210.212 (1997).
FUNDAMHNTAL RESEARCH
SKI
CASE BRIEFING AND svwmssls LL
OF CASES
sign. Article 36 of the Family Code require
s that the incapacity
must be psychological not physical although its manife
stations
ardor symptoms may be physical The evidence must convinc
e the
court that the parties, or one of them. was mentally or
physically
ill to such an extent that the person could not have known the
obligations he was assuming, or knowing them could not have
given valid assumption thereof. Although no example of such Inca
pacify need be given here so as not to limit the application of the
provision under the principle of ejusdem generis (citing Solito , ,
Mngtolis, supra) nevertheless such root cause must be identified as
a psychological illness and its incapacitating nature fully explained
Expert evidence may be given by qualiliecl psychiatrists and clini
cal psychologists
Moreover, expert testimony should have been presented to
establish the precise cause of" private respondent's psychological
incapacity. it` any, in order to show that it existed at the inception of
the marriage. The burden of proof to show the nullity of the mar-
riage rests upon pet.it.ioner. The Court is mindful of the policy of the
1987 Constitution to protect and strengthen the family as the basic
autonomous social institution and marriage as the foundation of
the f`amily."' Thus, any doubt should be resolved in favor of the
validity of the marriage."*
y We, therefore, find no reason to reverse the ruling of respond-
I
ent Court of Appeals whose conclusions, affirming the trial 4:ourt's
finding with regard to the non-existence of private
I respondent's
I
psychological incapacity at the time of the marriage, are entitled to
great weight and even finality." Only where it is shown that such
findings are whimsical, capricious, and arbitrary can these
be oyer-
turned.
I
The conclusion we have reached makes it unnecessary for us
to pass upon petitioner's contentions on the issue of
permanent
custody of children, the amount for their respective support, and
the declaration of exclusive ownership of petitioner over the real
property. These matter; may more appropriately be litigated in 8
separate proceeding for legal separation, dissolution of property
regime, ardor custody of children which petitioner may bring.
U
":51'1' :\l"l. 11. 12. Art. xv, 1-2.
'"R¢;~public of the Philippines v. Court nfAppeals, supra.
°'*'I\uasnn `y' Court of Appenls. 326 Phil. 169. 256 SCRA 158 41996).
 LEGAL RF.SFIAR{'lf
WHEREFORE, the decision of the ( ' u r l Ni' Appeals in Al
FllL\1ED.
SO ORDERED.
Bdfosilfo Cha£rmon), Quisumhing. Hrwfm cuff Do Lvun. Jn.
". concur:
Judgment aMrnwd.
CASE BRIEF
Hernandez v. CA. 320 SCRA '76,
Dec. is. 1999. J. Mendoza
Facts: Lucita Estrella married Mario Hernandez on January
1981 and they begat three children. On July 10. 1992, Lucita
filed before the RTC of Tagaytay City, a petition for annulment of
marriage under An. 36 alleging that from the time of' their mar-
riage, Mario failed to perform his obligation to support the ihmily,
devoting most of his time drinking, had affairs with many women
and cohabiting with another women with whom he had an illegiti-
mate child, and finally abandoning her and the family.
The RTC dismissed the petition which was affirmed by the
CA.
Issue: Whether there was psychological incapacity under Art.
36.
Ruling: Petitioner failed to establish the fact that at the time
they were married, private respondent was suiilering from 11 psy-
chological defect which in fact deprived him of the ability lx: uu-
surne the essential duties of marriage and its cnncumitant respon-
sibilities. As the ('curt nl' Appeals pointed nut. on evidence us
Presented to shew that private respondent was not cngniitrml. al' the
l basic mantel rililigatinnn. It was not sufficiently proved that pri-
yate respondent was really incapable of fulfilling his cuties :lu in
some Incapacity of a Piychnlogicfil nature, :md not merely pi\.ysiu:1l.
. Privacy respnndcnfa nllreggorl }uIbil.u:ll :1lvuh41Ii:~:1l1l Huximl inli-
dtf."sIri»»lnue»rrinr and saliundunlnent du.nnt by l.i1ullu-u:lW.:8 Cllll'
incapacity within
I .
.».1"'
'HK that he LJ flllllvrillg from II p:4y(-l14iln1;1cnl
.
..
*ffllittrllplaltlun l»lll.llu l°l:lrni]y ('f:(ll.!. II 1n11:41. ln-
Jwn l mt tisesu. nets re ITlnnll¢eatutiul\n ul' II IiiHI1rIlvl1.°cf |n-r|-mI1nl-
FUNDAMENTAI RF."5EAHl.'H
(wan I%RlI»,F]p.;(; AND SKIN
swmwsls mf ¢:Asr.s
its which rankle private respondent completely
the csucntifll uhligatiuns of the marital state and 1101 merely M in
private respondents youth and self-conscious feeling of being
some the nppnllate court held
Iudgrrlent aMrrncd
BRENDA B. MARCUS, petitioner, v. WILSON G. MARCUS
respondent, G.l{. No. 136490, Oct. 19, 2000, 3rd Division
PANGANIBAN. .1
Psychological incapacity, as a ground for declaring the nullity
a marriage, may be established by the totality of evidence pre
sented. There is on requirement, however, that the respondent
should he examined by a physician or a psychologist as a cendirio
sine qua nor: for such declaration.
The Case
Before us is a Petition f`or Review on Certiorari under Rule 45
of' the Rules of Court, ns.-sailing the July 24, 1998 Decision" of the
Churl oIIAppeals (CA) in CA-G.R. CV No. 55588, which disposed as
lhlluwsi
"WHEREFORE, the contested decision is set aside and
the marriage between the parties is hereby declared valid."""
Also challenged by petitioner is the December 3, 1998 CA
Resolution denying her Motion for Reconsideration.
Earlier, the Regional Trial Court I RTC) had ruled thus'
"WI ll"Hl'Il"{)I{l'., the marriage between petitioner Brenda
Ii. Marcos nntl respnndenl. Wilson G. Maroon, amlemnized
on
September 6, 1982 in Pnsig City is declared null
and void ah
m M : lml'su:1rut lu Art. 36 ul' the Family (Hide
. The con'jugal
1m»ln!rtiuH, ii' Amy, is dissolved [sic] in ziccurdnnre
with Articles
126 and 129 nl' the : m e C`ode in relnti,rm
UI Articles 60, 51
.
"'Pv11n4-Ll by .lllnllrv lla.rnnnlu
l.l. S411nn with the roncur
l~'l-rrmla A. Zklnrliu, .In 4lllv1r~1nrl rlllurmn
'"('r\ la-cinillrl. pp. 12.111, n»No. pp.
llI 11M1 {`11tnl\rl.n V Rivnru
rennir of' .hulk-
lnwmhafl.
38-30.

LEGAL RESEARCH
and 62 relative Bo the delivery of the legitime of Ithel parties
children. In the best interest and welfare of the minor Chi]
dren, their custody is granted to petitioner subject to the v i i
cation rights of respondent
Upon finality of this Decision, furnish copy each to the
Office of the Civil Registrar of Pasig City where the manage
was solemnized. the National Census and Statistics OMen
Manila and the Register of De-eds of Mandaluyong City for
their appropriate action consistent with this Decision
SO ORDERED
The Facts
The facts as found by the Court of` Appeals are as follows
It was established during the trial that the parties were
married twice: (1) on September 6, 1982 which was solemn
riced by Judge Eriber-to H. Espiritu at the Municipal Court of'
Pasig (Exh. A); and (2) on May 8, 1983 which was solemnized
by Rev: Eduardo L. Eleazar, Command Chaplain, at the Presi-
dential Security Command Chapel in MalacaNang Park. Ma-
nila (Exh. A-ll. Out of their marriage, five (51 children were
born (Exhs. B, C, D, E and F).
"Appellant Wilson G. Marcos joined the Armed Forces of
the Philippines in 1973. Later on, he was transferred to the
Presidential Security Command in Malacafiang during the
Marcos Regime. Appellee Brenda B. Marcos, on the other hand.
joined the Women's Auxiliary Corps under the Philippine Air
Force in 1978. After the Edsa Revolution. both of them sought
a discharge from the military service.
"They first met sometime in 1980 when both of them
were assigned at the MalaceNang Palace, she as an escort of
lmee Marcos and he as n Presidential Guard of President
Ferdinand Marcos. Through telephone conversations, they be-
came acquainted and eventually became sweethearts.
"After their marriage on September 6, 1982, they resided
at No. 1702 Daisy Street, Hula Bliss, Mandaluyong, a housing
unit which she acquired from the Bliss Development Corpora-
son when she was still
single.
SEARCH sKILL-
FLTNDAMENTAL RE NTHESIS OF CASES
SE HRIEFING AND SY
CA
-
After
nt Marcos, he left the mili
the downfall of Preside s
, .
tars serince Ill
8
1987 and then eng ge
d A;
diff
' ere nt busines
al wife, she always
ventures that did not however prosper. .
urged him to look for work so that their chlldre
n would see
a good
him. instead of her. as the head of the family and
provider. Due to his failure to engage in any gainful employ-
ment v they would often quarrel and as a consequence. he would
hit and beat her. He would even force her to have sex with
him despite her weariness. He would also inflict physical harm
on their children for a slight mistake and was so severe in the
way he chastised them. Thus, for several times during their
cohabitation, he would leave their house. In 1992, they were
already living separately
All the while. she was engrossed in the business of sell-
ing "magic tiling" and chicken. While she was still in the mili-
tary, she would first make deliveries early in the morning
before going to MalacaNang. When she was discharged from
the military service. she concentrated on her business. Then,
she became al supplier in the Armed Forces of the Philippines
until she was able to put up a trading and construction com-
pany. NS Ness Trading and Construction Development Corpo-
ration.
"The 'straw that broke the camel's back' took place on
October 16, 1994, when they had a bitter quarrel- As they
were already living separately, she did not want him to stay
in their house anymore. On that day, when she saw him in
their house, she was so angry that she lambasted him. He
then turned violent, inflicting physical harm on her and even
on her mother who came to her aid. The following day, Octo-
ber 17, 1994, she and their children left the house and sought
refuge in her sister's house.
"On October 19, 1994, she submitted herself [to] medical
examination at the Mandaluyong Medical Center where her
injuries were diagnosed as contusions (Exh. G, Recor
ds, 153).
"Sometime in August 1995, she together with
her two
sisters and driv er, wen t to him at
the Bliss unit in
Mandaluyong to look for their missing child
, Niko. Upon see-
ing them, he got mad. After knowing
the reason for their
unexpected presence, he ran after them with
a samurai amid
even [beat] her drawer.
 LEGAL RESEAllCI{
At the time of the filing of this case, she and their chit
dren were renting a house in Camella, Pnrnnnque, while the
appellant was residing at the Bliss unit in Mundaluyong
In the case study conducted by Social Worker Sonia C
Millar, the children described their father as cruel and phys
cally abusive to them (Exh. UU, Records, pp. 85-100)
"The appellate submitted herself to psychologist Natividad
A. Dayan, Ph.D., for psychological evaluation lExh. YY, Records
pp, 207-216). while the appellant on the otherhand did not
"The court a quo fbund the appellant to be psychologi
cally incapacitated to perform his marital obligations mainly
because of his failure to find work to support his family and
his violent attitude towards appellate and their children
Ruling of the Court otAppetll:»:
Reversing the RTC, the CA held that psychological incapacity
had not been established by the totality of the evidence presented
It ratiocinated in this wise
"Essential in a petition for annulment is the allegation of
the root cause of the spouse's psychological incapacity which
should also be medically or clinically identified, sufficiently
proven by experts and clearly explained in the decision. The
incapacity must be proven to be existing at the time of the
celebration of the manage and shown to be medically Ur clini»
cally permanent or incurable. It must also be grave enough to
bring about the disability of the parties to assume the essen-
tial obligations of marriage as set forth in Articles 68 to 71
and Articles 220 to 225 of the Family Code and such non-
complied marital obligations must similarly be alleged in the
petition, established by evidence and explained in the deci-
sion.
"In the case before us, the appellant was not subjected to
any .psychological or psychiatric evaluation. The psychological
findings about the appellant by psychiatrist Natividad Dayan
were based only on the intervie
ws conducted with the appel-
lee, E*P<2rt evidence by qualif
ied psychiatrists and clinical
5-7, num, FP. 3]-33.
__
FUNIIMMENTAI nvzsan
nvn 3K!
CASE BRIEFING Ann SYNTHESIS L\
or cnsva
psychologists in essential if only to prove U., .
or any one of them was mentally psychic the
atall y illPa\'tlea were
to be truly
inoognitive of' the marital obligations he she was assuming
or as would make hmm . or. her. unable to assume them in
fact, he offered testimonial evidence to show that he lwasl not
psychologically incapacitated. The root cause of his supposed
incapacity was not alleged in the petition, nor medically
clinically identified as a psychological illness auflicientl
proven by an expert. Similarly, there is no evidence at all that
would show that the appellant was suffering from an incapac
-
its which [wast psychological or mental not physical to the
extent that he could not have known the obligations he was
assuming: that the incapacity [was] grave, haldl preceded the
marriage and [was] incurable
Hence. this Petition
Issues
In her Memorandum," petitioner presents for this Court's
consideration the following issues
"I.
Whether or not the Honorable Court of Appeals could set
aside the findings by the Regional Trial Court of psycho-
logical incapacity of a respondent in a Petition for decla-
ration of nullity of marriage simply because the respond-
cnt did not subject himself to psychological evaluation.
II. Whether or not the totality of evidence presented and
the demeanor of all the witnesses should be the basis of
the determination of the merits of the Petition."'°°
The Courts' Ruling
We agree with petitioner that the personal medical or psycho-
logical examination of respondent is not a requiremen for a decla-
t
"CA Decision, pp. 10-11, folio, 36-37.
*""I'hls case was deemed submitted for resolution on Febr1JHI'F 24, 2000. '~*P°'**
receipt by this Court of resp.ondent's Memorandum. which was 81smd
bi Any.
Virgilio V. Macaraig. Pc»titioncr'a Memorandum.
signed by Atty. Rita Linda V. Jim-env
had been filed earlier on November 5, 1999-
"Rollo, p. 70; original in upper case.
"Memorandum for petitioner, p. 6, Ratio, p. 10.
.A__
 LEGAL RESEARCH
ration of psychological incapacity. Never'Lhel+:-s 5, the totality of the
evidence she presented does not show such incapacity
PWiiminarv Issue
Need [Br Perslonal Medical EI'ralnina1'iorz
Petitioner contends that. the testimonies and the results of
various tests that were submitted to determine \respondent's psi
chological incapacity to perfomi the obligations of marriage should
not have been brushed aside by the Court of Appeals. simply be
cause respondent had not taken those tests himselli Petitioner adds
that the CA should have realized that under the circumstances. she
had no choice but to rely on other sources of information in order to
determine the psychological capacity of respondent. who had re
fused to submit himself to such tests
In Republic v. CA and J»foffna."" the guidelines governing the
application and the interpretation of psycfzologicaf incapacity re
erred to in Article 36 of the Faniilv Cod cm were laid down be this
Court as follow
11 The burden of proof to show the nullity of the rnauriage
belongs to the plaintiff Any doubt should be resolved in
favor of the existence and continuation of the marriage
and against its dissolution and nullity. This is rooted in
the fact that both our Constitution and our laws cherish
the validity of marriage and unity of the family. Thus.
our Constitution devotes an entire Article on the Family,
recognizing it 'as the foundation of the nntion.` It dwrees
marriage as legally 'inviolable.` thereby' protecting i t from
dissolution at the whim of the parties. Both the t`amil!.'
and marriage are to be 'protected` by the state.
x xx x x x xx
2) The root cause of the psyelmlogieal incapacity must be:
la) medically or clinically identified. (be alleged in the
'°'268 SCHA 198, February 13, 1997, per Pnngnniban. J.
"""A:-tide 36. A marriage contracted by any pang: who, at the time Cd' the
uelehratmnn. was p5}'f:ho]o»gif.*nlly incapnritated to comply with the ess4.*nlinI marital
ohhgauonu of man-iuge, shall likewise be void Owen
if such incapacity befnnles
manifest only rifler Ila nolcrnniz
aliun
'The andon for do-ctaumion or nullity
Ptucribe in len years alter
or the marriage under this Article shall
its celebration."
--
FUNDAMEBTAL RESEARCH SKILL
CASE BRIEFING AND SYNTHESIS OF' 'CASES
complaint, (cl sufficiently proven by experts andldl clearly
requires that the incapacity must be psychological
physical, although its manifestations and/or symptoms
_
explained in the decision, Article 36 of the Family Code
nm,
may he physical. The evidence must convince the court
that the parties. or one of them, was mentally or psychi
cally ill to such an extent that the person could not have
known the obligations he was assuming, or knowing them
could not have given valid assumption thereof. Although
no example of such incapacity need be given here so as
not to limit the application of the provision under the
principle of cjusdem generis nevertheless such root cause
must be identified as a psychological illness and its Inca
pacitatirlg nature fully explained. Expert evidence may
be given by qualified psychiatrists and clinical psycholo-
gists
3) The incapacity must be proven to be existing at 'the time
of the celebration' of the marriage. The evidence must
how that the illness was existing when the parties ex
changed their *I do's.' The manifestation of the illness
need not be pe:-ceivable at such time, but the illness
itself must have attached at such moment, or prior
thereto.
4) Such incapacity must also he shown to be medically or
clinically permanent or incurable. Such incurability may
be absolute or even relative only in regard 10 the other
spouse, not necessarily absolutely against everyone of
the same sex. Furthermore, such incapacity must be vel-
evant to the assumption of marriage obligations, not nec-
essarily to those not related to marriage, like the exer-
cise of 8 profession or employment in a job. Hence, a
pediatrician may be effective in diagnosing illnesses of
children and prescribing medicine to cure them but not
be psychologically capacitated to procreate, bear and raise
h.is."her own children as an essential obligation of max-
mage.
Such illness must be grave enough
5]
to bring about the
- .
dlsnhilitv of the .
party to assume the ess
turns of marrauge. 'llius, 'mild cha
ential obliga-
racteriological peouli-
t"'1t10S- mood changes. occasional
cannot be accepted as root emotional Gutburstg'
causes. The illness must be
 LEGAL RESEARCH
shown as downright incapacity or inability, not a refusal
neglect or difficulty, much less ill will. In other words
there is a natal or supervening disabling factor in the
person, an adverse integral element in the personality
structure that eiTectively incapacitated the person from
really accepting and thereby complying with the obliger
sons essential to marriage
6) The essential marital obligations must be those embraced
by Articles 68 up to 71 of the Family Code as regards the
husband and wife as well as Articles 220. 221 and 225 of
the same Code in regard to parents and their children
Such non-eomplied marital obligationfsl must also be
stated in the petition, proven by evidence and included
in the text of the decision
7) Interpretations given by the National Appellate Matri
menial Tribunal of' the Catholic Church in the Philip
pines, while not controlling or decisive, should be given
great respect by our courts
xxx xxx x x x
(8) .The trial court must order the prosecuting attorney or
fiscal and the Solicitor General to appear as counsel For
the state. No decision shall be handed down unless the
Solicitor General issues a certification, which will be
quoted in the decision, briefly stating therein his reasons
for his agreement or opposition, as the case may be, to
the petition. The Solicitor General, along with the pros-
ecuting attorney, shall submit to the court such certilica-
tion within fifteen (15) days from the date the case is
deemed submitted for resolution of the court. The Solici-
tor General shall discharge the equivalent function of
the defensor vincuii contemplated under Canon l095."1"*
The guidelines incorporate the three basic requirements ear-
lier mandated by the Court in Santos u. Court ofAppea£s:1°' "psy-
chological incapacity must be characterized by: to) gravity, (b) ju-
ridical antecedence, and (c) incurability." The foregoing guidelines
do not require that a
physician examine the person to be declared
'°'Supra. pp. 209-213.
'°'2A0 SCRA 20, 34, January 4, 1995
, per Wnug, J.
FUNDAMENTAL RESEARCH SKlLh
CASE BRIEFING AND SYNTHESIS OF' cases
psychologically incapacitated. In fact, the root cause may be "midi
cally or clinically identified." What is important is the presence of
evidence that can adequately establish the party's psychological
condition. For indeed, if the totality of evidence presented is enough
t.o sustain a Ending of psychological incapacity, then actual medical
examination of the person concerned need not. be resorted to
Main Issue
Tnrality of Evidence Presented
The main question, then, is whether the totality of the avi
deuce presented in the present case including the testimonies of
petitioner, the common children, petitioner's sister and the social
worker was enough to sustain a finding that respondent was
psychologically incapacitated
We rule in the negative. Although this Court is sufficiently
convinced that respondent failed to provide material support to the
family and may have resorted Bo physical abuse and abandonment
the totality of his acts does not lead to a conclusion of psychological
incapacity on his part. There is absolutely no showing that his
defects" were already present at the inception of the manage or
that they are incurable
Verily. the behavior of respondent can be attributed to the fact
that he had lost his job and was not gainfully employed for a period
of more than six years. lt was during this period that he became
intermittently drunk, failed to give material and moral support,
and even left the family home.
Thus, his alleged psychological illness was traced only to said
period and not to the inception of the marriage. Equally important,
there is no evidence showing that his condition is incurable, espe-
cially now that he is gainfully employed as a taxi driver.
Article 36 of the Family Code, we stress, is not to he confused
with a divorce law that cuts the marital bond at the time the
causes therefor manifest themselves. It refers to a serious psycho-
logical illness afflicting e party even before the celebration of the
marriage. It is a malady so grave and so permanent as to deprive
one of awareness of the duties and responsibilities of the matrimo-
nial bond one is about to assume. These marital obligations are
those provided under Articles 68 to 71, 220, 221 and 225 of the
Family Code.
 l.l-IGAI. HI€E~1EAH{'ll

I-'lrW NM.IHNTAI. RESEARCH S1{l1.L

,
[7fL'*IH liHll'1l"IN(i Arm S"l"NTI IESIS
or
Neither is Article 36 lu he equated with cases
legal :4elml'nI.ion
which the grounds need not in roulvd i t psychological meapacit
but ON physical violent. y CASE BRII
moral prcssunh moral corruption,
civil
interdiction, drug addiction, habitual alcoholism, sexual infidelity
abandonment and lhn like."" At. bust. the evidence pmmnMd Marcus v. Marcos, {j.I{L No. 136490. (Jet. 19, 2000
petitioner w tem only to gniunds For legal mpnral.ion, new Igor b.
dollar (3rd l)iv.}, J. Panganibun
ing = malTing Reid
Because Article 36 has been abused _is n convenient Facts: Plaintiff Brenda B. Marcos rallied 'Wilson Marcos
divot
law, this Court laid down the procedural mquiremen 1982 and they had Eye children. Alleging that the husband failed
W For its into.
cation in Molina. Petitioner. however, has not in provide material support Lo the family and have resorted to
Eaithfully obwwed
them physical abuse and abandonment, Brenda filed a case for the nu!
lily of the marriage for psychological incapacity. The RTC declared
In sum. this Court cannot declare the disso
lution of the mm the marriage null and void under Art. 36 which was however re»
rings for failure of pelitinner to show that
the alleged psi clmlogical versed by the CA
incapncitv is characterized by gravity,
I.
juridical :mteccdcnce and
incurability FSar:ros v. CA
A. 240 SCHA 201 md for her failure to Issues: II Whether personal medical or psychological exam
observe the guidelines outlined Rvp nation of' the respondent by a physician is a requirement for a
zrbfic CA 4'Sn
Snr:1'ns u. CA mid
Molina. 268 SCRA ISO) declaration of psychological incapacity
WHEREFURE. the Petition is DEN 21 Whether the totality of evidence presented in this case
IED and assailed Decision
MFIRMED except that portion requ show psychological incapacity
iring personal medical examl
nation as a mraditio sine qua non
to o finding of psychological Ruling: Pscyh logical incapacity, as a ground for declaring
incapacity. No costs
the nullity of a marriage. may he established by the totality of
SO ORDERED evidence plesented. There is no requirement. however that the
resp-ondent should be examined by a physician or a psychologist as
a conrfitio sine one non for such declaration.
'"'*Article 55. A petition for legal sepzimtion may by
following grounds' Bled in any of' the Although this Court is sufficiently convinced that respondent
ill Repeated physical vinlente Ur
grossly abusive ciontltlot dire failed to provide material support to the Family and may have
the petitioner, a common child cted ugninsl,
, or a child rd' the petitioner; resorted to physical abuse and abandonment, the totality of his
[21 Physical violence or mural pres
religious or political affiliati sure to impel the petitioner acts does not lead to a conclusion of psychological incapacity on his
on; Lu change
[31 Attempt of respondent to corr part. There is absolutely no showing that his "defects" were al-
child, or o child of the petition upt or indu ce the petitioner, u common
er, In engage iii prostitution ready present at the inception of the marriage or that they are
oowuption or ind ueeme . Ur mnnivam in such
nt. incurable.
441 Final judgment sentencing
than six may. e\.'l'.»n inundoned, the respondent In imprisonme
nt et' mere Verily: the behavior of respondent can be attributed no the fact
i5l Drug addict,nn nr habitual alcn
{6} hniism of the respnntlenit: that he had lost his job and was not gainfully employed for a period
Lesbianism Ur homosexua
(7) lity ul' the real:undeI:t: of mere than six years. lt was during this period that he became
Contracting by the runpun
whether in the Philip dent up' 11 subsequent big
pines or nbrrmd; amuux marriage. inf,erlnittcntly drunk. failed to give material and moral support.
(8) Sexual in:l'ideIi=ly or
pqs rvunai un; and even Is the family home.
191 Attempt by
HD) Ahand
the rc.spa,nd(.nl ..
nnmunl no' peliliuner against the lik. al' lhn pehllonn,r: Thus. his alleged psychological illness was traced only to said
more than one mr. by respond,nut wilall
uul junlilinhlu cause far
period and not to the inception of the marriage. Equally important,
For Numusee eths Ariel
b? hdoptim." le. the term
'Phil,rl' xhn ll irlrlud4~
it :sililcl by nulllrl* 'DT there is no evidence showing that his condition is incurable, espe-
cially now that he is gainllully employed as a taxi driver.
 LEGAL RESEARCH
In sum, this Court cannot declare the dissolution of the
rage for failure of petitioner to show that the alleged psychological
incapacity is characterized by gravity, juridical enbecedenee and
incurability (Santos l_r. CA, 240 SCRA 20), and t`or her failure to
observe the guidelines as outlined in Republic v. CA and Molina
268 SCHA 1.98
REPUBLIC OF THE PHILIPPINES, petitioner, vs
ERLINDA MATIAS DAGDAG, respondent, G.R+ No. 109976
Feb. 09, 20-01 (Second Division)
QUISUMBING, J
For review on certiorari is the decision'*'" of the Court 0[IAp
peals dated April 22, 1993, in CA-G.R. CV No. 34378, which of
firmed the decision of the Regional Trial Court of Olongapo City in
Civil Case No. 380-0490 declaring the marriage of Erlinda Matias
Dagdag and Aveline Dagdag void under Article 36 of the Farnil
Code
On September T, 1975, Erlinda Matias, 16 years old, married
Avelino Parangan Dagdag, 20 years old, at the Iglesia Filipina
Independent Church in Cuyapo, Nuevo Ecija."" The marriage cer
tificate was issued by the Office of the Local Civil Registrar of the
Municipality of Cuyapo, Nuevo Ecija, on October 20, 1988
Erlinda and Avelino begat two children, namely: Avelyn M
Dagdag, born on January 16, 1978; and Eden M. Dagdag, born in
Office
April 21, 1982.10"' Their birth -:ertiticates were issued by the
the Munic ipality of Cuyap o, Nuevo
of the Local Civil Registrar of
Ecija, also on October 20, 1988
ict 8, Cu}fapo
Erlinda and Avelino lived in a house in Distr
of their in-laws." A
Nueva Ecija, located at the back of the house
week after the wedding, Avelino started lea\nlrlg his family without
reap pear
FUNDAMENTAL RP8EA3q.4gH
:'- BRIEFING AND wml
and would return home drunk- He would farce his wife to submit no
sexual intercourse and if she refused, he would inflict
injuries on her un Plwtical
On October 1993, he left his family again and that
last time that they heard from him. Erlinda was cunsugjngd in
look for a job in Olongapo City as a manicurist to suppm-t, `l,&,i&\_€
and her children, Finally, Erlinda learned that Aveline
oned for some crime and that he escaped from jail on Gaming,
22. 1985_112 A certification therefor dated February 14, 1990
issued by Jail Warden Orlando S, Limon. Aveline remains. at.-largc
Lo date
On July 3, 1990, Erlinda filed with the Regional Trial Court d
Olongapo City a petition for judicial declaration of nullity of mar
rage on the ground of psychological incapacity under Article 36 of
the Family Code." Since Aveline could not be located, summons
was sewed by publication in the Olongapo News, a newspaper of
general circulation, on September 3, 10, and 17. 199Ci.1*' Subse-
quently, a hearing was conducted to establish jurisdictional facts
Thereafter. on December 17, 1990, the date set tor presentation of
evidence, only Erlinda and her oounsol appeared. Erlinda testified
and presented her sister-in-law, Virginia Dagdag, as her only wit»
Virginia testified that she is mauled to the brother of Aveline
their
She and her husband jive in Oion88pe City but they spend
ns at the house of Aveline 's parent s in Cuyap e, Nuevo Ecija
vacatio
and that
She testified that Erlimle and Aveline always quarreled,
the eeuple 'e house . She knew that
Aveline never stayed for long at
Aveline had been gene for a ieng time now, and that the pitied
'
E1-linda and the children
"'*R4:»Ho, p. 29
The records did nm specify what crime
"=Ram-ds, F- 32. 09 or
provided 'ArL 39. The E5 ihu.
'"Originally, Article 39 of the Family Code
r

explanation. He would disappear for mon
for a t"ew months, then disappear again. Dur
was with his family, he indulged in drinkin
"'*RrJNo, pp. 28-38
mud, al. 253
""J'd. at 30-31
'""1`SN. December 17, 19510, p. 6, Records, 11. IT
ths, sudd enly ma rrin g sha ll not pranm
defense for the declaration of ahesolule nldlity
of n a and
ing the time s whe n he the el'f¢ctilnlty of Ibis Cod
However, m ' the case of marriage oclehrnled before
g spre es with frien ds shall IH'&°**"
falling under Article 36, much nctiun or defense was
(Bode shall have Laden effect." However.
Repullic Ari N0- B533 39 to mid
ack am end ed Ar tid a
enacted and approved .... February 23. 1998. wh nti un of ab lnl ute fulfill' J .
. n or defense for the ducin
follows: 'A1'L 39. The aclm
marriage uhnll not prescribe
N4RTC Rccurdn, p. 16
""T3N. December 17, 1990. PP
 Vu l.11UAL nt:alcAu< °ll
'l`l\un~11lli'l', l*lrlimln nmtvul lwr cmw. 'l'lm lrinl vuurt lnntwll Ill
Order l.(i\'it1g the i11\~unti1¢ntl11;g ;ln»u~r\:l4»l' until »lllmlrll'y 2, IIHII, 10
1mmilbnl in wriihug wlwlh vr nr lm! he wnnlal IHI1'p*1'"1 "0lllrl»vvl'linR
l~\'i¢lvlln\, u r l r4lntin;4 that nhmllil lw l`llil in» Iilv amid Illlnuili\uLuliuI\
'Jw emu-. would he dcurluwl nub111ill4-1i fur alvclvnnn
In voI\1l\li¢1l\l'¢*~ with llw 01'llvI'. fllv incl~utilglllill;g prnnvvlxtrar
cnn¢l11rlv¢l in iluvwtiguliuix mul 11n11u1 lhnt llwrv WHN no vulllxuicm
bvtwvcll tllv lml'tivn. l{mw\'4~l', lu i11t1~~1ulI-+I In ir1l¢~r'w~m~ in 1l11 CIIHU
lo nvuid fhhriculinll of v\'hMu'v.""
()11 In~cvl\lln\r "7, l'12i0, wiilumll wuililll.{ for Thu ilava-nlilglllinl.¢
pn\r40c\1ln1~'s \In\z\ilvz4tad m1\ xlataul l\I~¢'v!\1h4~r 5. Wan, thc- 1riu| s-mart,
n~I\dvr\~:l II dvci:iiI1l1"? ¢11~:'la11'iIII.: lluv !I1I11'I'iug1~ ul' l'Irli1I(lu amyl Avvliiua
voicl uxulvr ."'ut ill¢~ .Ni of llw l~lumil.\~ ( ` l > ( i ¢ - , zliequ»¢illl4 lhml
"WIIl°Il{l".l»l(lI{l'I. :my 1.'i(~w¢¢4l I`rnm llw Ihrvgning rnneeisl
vrzlliulls. I n ' (`nurl h¢~r¢~l»v ¢lvvlnl'vs Ills :Jugs l1~lsr:11.1'1l
it 1.l11y:1p0. Nmwvn lfcijan lwtwvvll I'II'lit1¢la1 Fhlnl in:-I url Avulilnu
lhlgdelg un 7 Svplv1I\l14~I° 1 W75 to In' null and vnicl
Thu l.l1»4:':ll (`i'ril Ih';.:ir=ir:\l'c1fl('n}'rllan, Nuvvzl Ec'ijn is lwrvluy
0t'dvl"ud lu vlllvr inly his l'lmlk al' M:1r'l'i1lgv Hair :h\('lnI'/1l.im1
:ltl!l.*l' this dvL'isiorl sllalll l1n~rv huL'ollu° final and executor;
SO (IHIII-IRI-Ill,"
Un Jamu41I'3.' "Q, l*)'lI, the i:u'¢~stig4lliln,g IrI11sl'v1!U»l' Iilvd :L Mo-
lion to S4L't Aside Judgmunl cm Thu gl'nlImi llml llw civciainn was
prvmzlturn=l.\' run-lulcwd sirlcv he want g i n until J:1I1u:11'y 2, 15101 Lu
Ill allifosl whvthvr he us pr¢~:wrltil\g L'nr1tl'u\'v\'lil\g e~\'i<1vI\('v.
The Office of lhv Snlicilul' (wrln-lu1l Iik1~wis¢- Iilvd al Muliull for
Hoconsidorat.iol\ of the' dv¢'i:=inn on the ground lh:lt the sully is nut.
in accordance with the c\'idvrlr:u and llw law. Aitcl' r¢~¢luirir1g I°]r'limln
to comment. the trial court denied tha- Mcltion for Rvcnrtsici(-nation
In an Order dntcd Aulwst 21, 1<J='al as fi:llnw3:"'°
"This resolves the Motion Ion' R¢*consid4:r:1t.ion of' the De-
cision of this Honorable Court dated l)uceluhcr 27. 1990 tiled
by the Solicitor-General. The obsorvutioll of' the movanl is to
the effect that 'Mere alcoholism and nbusivuness arc nut enough
l\lR1'c Rec
ords, p. 33.
n?/._ Ni. 38-40.
'*'/d. an as.
I
Vu l~l:AmlawrAl. lunnr,Anl'll slcl1.I.
II:AI4l*$ nslzncvlwu ANI: 1'iyF~l'l'llymlH Ur @5511
Un nhnw l1nycl\ulugs¢':»l Incapacity. Nm- In nllnndnnlnqng
Url! Ulllllnllll in mnrriisgn. I hurt must. he nhuwing that than
trllibl. 14ln1nlII(~!l l'rom ln\y¢~ilrllIlgicl1l inclllmcil.y orienting it go,
of ¢'vl¢~hrntl¢m of the' lllllrrll;lg<t
l.11nI~
In Llw rnsn ul. lmr, this lnhnntlmllnont in prrnlungxd DJ! q
llunlmml 11-11 his wife rlml cllilrlrim nim:n 1083. 'Phu llc-fnnqhmg
wluilo in jail ul-u':lp4~¢l and whunc pr¢~1u.!1IL whuruaibnuta um UD
known. Iii f'nil4:z1 Ln l4lll»lmrL his family Igor the lllmie llurilxl d
l.Ilm-, nct\l nLi4ln14 ell-nrly inlIil'llliv<e of the fisilurc of the hu.-
luuul lu cmulply with thu- crununnlixnl nlnriUll ubliwulionlt of mar
rinl.;n :i1-f\lu\4l amtmrl ounullmrrxllxezl umlur Article 118 of Thu Family
('n(ll~, 'l`h¢~r¢u Ihlnlilsgn of lhcu-L sm- tnnuur1trczvurtnd
l)(-llvInlnI1t'x ¢lm1'ucII-r lruita, by Lhuir nnturu, existed ut
the l.iml~ of 11mrrinI.;a» url lwrulnu rlml\il'cat only rlllur Thu mar
rings. In re-rum n n f f l r n , He-nas trnit.n are rnfnnifvntulions-1 of lack
nfim1ritull rcnl»rmHihiliLy m l ripper flow to he incumblcs. truth
ing cam lu- pgrnvu-r uitwc- I.|\|~ i`l1IniIy llllemhcrH sure now loll. TN
liwui tin' l.hi~II1:4ulvl-14. l'untrury to Thu opinion of the Solicitor
ilvlwrail. l.ln'wL~ 1u-u nut l'I)I1lll1(llll in ninrringe
Lil it. lu sniil that l.h4~ provinifmn f\fJ\r1.ic||- '16 of the New
Family ('unIv, 141 nsnungv the sunsilxilitivs of the morn humor
hurvh, in n mxlaxtittllv For divurvv (So Savmpin Did, New
I-'mmiy ( fudge, p. :trip in nrulvr in diuanlvr- murringus that exist
only in mlmn.
WlllEI{1~ZFl)l{l°:, :mil lily Gift-giiilig vniisidcrcd. the Mntiun
in* l{i~n°i:l1Hi¢lvl'litiun 1\1i.r11*cil4:Ll is IHCNIICIJ for luck of merit.
SU (}1{I)l'.R1~I1}."
Thu Solicitor to-nurnl uppcnlud to the Court of Appeals, rain-
ing the sole assignment nl' error lhnl:
THE Lovmn COURT EHRED IN DECLAHING APPFL~
LliEIS 1'l~'IAI{l{IAGE 'to AVMJNO DAGDAG NULLAND VOID
UN '1'III~: KIRUUNI) UF FSYCl{OL()Gl('AL lNCAP.+'\(llTY UF
'run-: 1.A'l"llI€l{. 1>l1l{SUAN'1* T() Al{'lll('L}* 36 OF THE FAM-
lLY ('()l)1-:. THE l'SY('ll()l,()GICAL INCAPACITY OF THE
NA'llUHl'Z CUNTEM PLATED BY 'l'llI*. I.A\'V' NOT HAVING
BEEN plwvlcm T() lcxIs'r."*=
""RoHo, p. 10.
 LEGAL RESEARCH
On April 22, 1993, the Court of App»eals rendered n decisignm
siflirming the decision of the trial court, disposing thus
Avelino Dagdng is psychologically incapacitated not only
because he failed to perform the duties and obligations
married person but because he is emotionally immature and
irresponsible, an alcoholic, and a criminal. Necessarily, the
plaintiff is now endowed with the right to seek the judicial
declaration of nullity of their marriage under Article 36 of the
Family Code. DefendantS constant non-fullillment of' any of
such obligations is continously (sic) destroying the integrity or
wholeness of his marriage with the plaintiff r'Pineda. The
Family Code of the Philippines Annotated, /992 Ed., p. 4fi)."1*l
Hence, the present petition for renew filed by the Solicitor
General
The Solicitor General contends that the alleged psychological
incapacity oflAvelino Dagdag is not of the nature contemplated b
Article 36 of the Family Code. According to him. the Court of Ap
_
peals made an erroneous and incorrect interpretation of the phrase
"psychological incapacity" and an incorrect application thereof to
the facts of the case. Respondent her Comment, insists that the
facts constituting psychological incapacity were proven by prcpon
derance of e'.ddence during trial.
At issue is whether or not the trial court and the Court of
Appeals correctly declared the marriage as null and void under
Article 36 of the Family Code, on the ground that the husband
suffers from psychological incapacity as he is emotionally imma-
ture and irresponsible, a habitual alcoholic, and a fugitive from
justice.
Article 36 of' the Family Code provides
"A marriage contracted by any party who, at the time of
the celebration, was psychologically incapacitated to comply
with the essential marital obligations of marriage, shall like-
wise be void even if such incapacity becomes manifest only
after its solemnization."
l==::¢ Be 28-3-B.
Mud. at 37-38 only,
l==.fd. at 'B-26.
FUNIJAMENTAL RESEARCH SKILL:
CASE BRIEFING ANI) SYNTHESIS OF crass
Whether or not psychological incapacity exiata in a Sivan
calling for annulment. of a marriage, depends crucially_ more go
in any field of the law, on the facts of the case. Each cane must be
judged, not on the basis of a priori assumptions, predilection;
generalizations but according to it8 own facts. In regard to psycho
logical incapacity as a ground for annulment of marriage, it is trite
m say that no case is on all fours" with another case. The trial
judge must. take pains in examining the factual milieu and the
appellate court must, as much as possible, avoid substituting its
own judgment for that of the trial court
In Republic v. Court of Appeals and Mol£na,'*" the Court laid
down the following GUIDELINES in the interpretation and appli
cation of Article 36 of the Family Code
(1) The burden of proof to show the nullity of the mar
rial belongs to the plaintiff. Any doubt should be resolved in
favor of the existence and continuation of the marriage and
against its dissolution and nullity. This is rooted in the fact
that both our Constitution and our laws cherish the validity
of marriage and unity of the family
(21 The root cause of the psychological incapacity must
bo' (al medically or clinically identified, ('b) alleged in the com
plaint. (cl sufficiently proven by experts, and (d) clearly ex
plained in the decision. Article 36 of the Family Code requires
that the incapacity must be psychological not physical, al
though its manifestations ardor symptoms may he physical
The evidence must convince the court that the parties, or one
of them, was mentally or psychically ill to such an extent that
the person could not have known the obligations he was as
s u i n g , or knowing them, could not have given valid assump-
tion thereof. Although no example of such incapacity need be
given here so as not to limit the application of the provision
under the principle of ejusdem generis (Salim vs Magtolis
233 SCRA I00, June 13, 1994), nevertheless such root cause
must he identified as a psychological illness and its incapaci
rating nature fully explained. Expert evidence may be given
be' qualified psychiatrists and clinical psychologists
'r'Rupuhlic v. Court of Appeals, 268 SCRA 198. 214 t19f97}, Padilla,
J.. so#
rate Statement.-
""26B SCRA 1 8 (1997).

LEGAL Rl',SEAI{('I{
(3) The incapacity must he proven to be existing at
the time of the celebration" of the marriage. The evidence
must show that the illness was existing when the parties
exchanged their "I dots." The manifestation of the illness need
not be pereeivablc at such lime, but the illness il..-3elf` must.
have attached at. such moment, or prior thereto
(4) Such incapacity must also be shown to be medically
or clinically permanent or incurable. Such incurability may be
absolute or even relative only in regard to the other spouse, not
necessarily absolutely against everyone of' the same sex. Fur
thermore, such incapacity must be relevant to the assumption
of marriage obligations, not necessarily to those not related to
marriage, like the exercise of a profession or employment
job, Hence, a pediatrician may be effective in diagnosing ill
nesses of children and pneacrilNng medicine to cure them but
may not be psychologically capacitated to procreate, bear and
raise his/her own children as an essential obligation of mar
(5) Such illness must he grave enough to bring about
the disability of the party to assume the essential obligations
ofmaniage. Thus, "mild characteriological peculiarities, mood
changes, occasional emotional outbursts" cannot be accepted
as mot causes. The illness must. be shown as downright Inca
pacify or inability, not a refusal, neglect or difficulty, much
less ill will. In other words, there is a natal or supervening
disabling factor the person, an adverse integral element in
the personality structure that efTectivcly incapacitates the per
son from really accepting and thereb complying with the
obligations essential to mam'age
(6) The essential marital obligations must be those em
braced by Articles 68 up to '71 of the Family Code
Article: 68, Family Code, Thu husband and wife obliged to live together
observe mutual love, respect and fidelity, :ind romlur mutual help und support i
Art. 69, Family Code. The husband and wife shall fix the family domicile. In
case of disagreement, the court shall decide
Art. 70. Family Code. The spouses are jointly responsible for the support ul'
the family. The expenses fbr such support, and other conjugal obligations shall be
paid from the community pmporty and, in the absence thcrcoll from thL» income Of'
fruits of their separate properties. In case of insufficiency or uhsence of said income
or fruits, such obligations shall bc- satisfied from their separate properties
Art- 71, Family Code. The mrinagemerll of the household shall be the right
and duty of' both spouses. The expenses for such nmnagcmenl shall be paid in
accordance with the provisions ollArticle 70
SKILL
FUNDAl'»1l',NTAL RESEARCH
CASES
CASE BRIEFING AND SYNTHESIS OF
220. 221 and
gards the husband and wife as well as Articles
225 of the same Code" in regard to pare nts and their Chi]
d e n . Such non-complied marital obligation(s ) mus t also be
""Arl.icle 220. Family Code. The parents and those exercising parental Sl!
thority shall have with respect to their unemancipated children or wards the follow
ing rights and duties
II) To keep them in their company. to support educate and instruct them
by right precept. and good example. and to provide for their upbringing in keeping
ith their means
l2} To give them love and nlfeetion. advice and counsel. eempanionahip
and understanding
(3) 'lb provide them with moral and spiritual guidance, inculcate in them
honesty, integrity, sell'-discipline, self-reliance, industry and thrift, stimulate their
interest in civil affairs, and inspire in them compliance with the duties of' citizen
Ml Tb enhance. protect. preserve and maintain their physical and mental
health at all times:
(6) To furnish them with good and wholesome educational materials, so
pcrvise their activities, recwution and association with others, protect them from
bud company, and prevent them from acquiring habits detrimental to their health
studies and murals
(6) Tb represent them in all matters affecting their interests
(TJ To demnnd from them respect and obedience
(8) To impose discipline on them as may be required under the circum
stances: and
(91 To perform such other duties 0.8 ure imposed by law upon parents and
guundianu
An. 221. Pay-cents and other persons exercising parental authority shall be
civilly liable for the injuries and damages caused by the acts or omissions of their
unemnneiputed children living in their company and under their parental authority
subject to the npproprinuz- defenses provided by law
Art. 225. The father and the mother shall, jointly exercise legal guardianship
over the property of their unemaneipated common child without the necessity of a
eeurt appointment. In case of disagreement, the l`athelr's decision shall prevail
unless there is a judicial order to the contrary
Where the market value of the property or the annual income of the child
exceeds P50.00D.00. the parent concerned shall be required to furnish a bond in
much amount as the cuurt~ may determine, but nor. less than Len per centum (10%) of
the value of the property Ur annual income. to guarantee the performance of the
obligations prescribed for general guardians
A verified petition For approval of the bond shall be Glad in the proper
the place where the -child resides, or, it' the child resides in a foreign country. in the
proper court of the place where the property or any pan thereof is situated.
The petition shall be do-cketed as a summary special proceeding in .
incidents and issues regarding the performance of the obligations referred to iN the
second paragraph of this Article shall be heard and resolved.
The ordinary rules on guardianship shall be merely supplewry except when
the child is under substitute parental authority. or the guandxan IB a stranger. or a
parent han remarried. in which case the ordinary mies on guardianship shall avoid
 sKIL]L»2
LEGAL RESEARCH FUNDAMENTAL RESEARCH OF CASES
E BRI EFING AND SYN THE SIS
CAS

burden of proof to show the

stated in the petition. proven by evidence and included in the inception of the marriage The
upo n petitioner The Court is
text. of the decision nullity of the ma nag e rests tion to protect and
mindful of the policy of the 1987 Constitu
(7) Interpretations given by the National Appellate Mat ono us social institu
mo
strengthen the family as the basic aut
rirnonial Tribunal of the Catholic Church in the Philippines
son and mam'age as the foun dati on of the family (Art. H
while not controlling or decisive, should be given great respect any doubt should be re-
Sec. 12, Art. XV, Secs. 1-2). Thus,
by our courts iage (citing Republic
solved in favor of the validity of the marr
4(8) The trial court must order the prosecuting attorney f the Philippines U. Court of Appeals, supra.) rum
or fiscal and the Solicitor General to appear as counsel for the GRANTED. The as
state. No decision shall be handed down unless the Solicitor WI-IEREFORE, the present petition
of Appcals dated April 22. 1993, in CA
General issues a certification, which will he quoted in the sailed Decision of the Court
decision, briefly stating therein his reasons for his agreement
G.R. CV No, 34378 is REVERSED and SET ASIDE
or opposition, as the case may be, to the petition. The Solici No pronouncement as to costs
tor-General, along with the prosecuting attorney, shall submit
SO ORDERED
to the court such certification within fifteen (15) days from
the date the case is deemed submitted for resolution ot" the
court. The Solicitor-Generel shall discharge the equivalent func CASE BRIEF
son of the defensor uincuiii contemplated under Canon 1095

Taking into consideration these guidelines laid down in Re
public U. CA and Moline, it is evident that Erlinda failed to comply
with the above-mentioned evidentiary requirements. Erlinda failed
to comply with guideline No. 2 which requires that the root cause
of psychological incapacity must be medically or clinically identi
hied and sufficiently proven by experts, since no psychiatrist or
medical doctor testified as to the alleged psychological incapacity of
her husband. Further, the allegation that the husband is a fugitive
from justice was not sufficiently proven. In fact, the cn'me for which
he was arrested was not even alleged. The investigating prosecutor
was likewise not given an opportunity to present controverting
evidence since the trial court's decision was prematurely rendered.
In the case of Hernandez v. Coeur ofAppeaIs,1"* we affirmed
the dismissal of the trial court and Court of Appeals of the petition
for annulment on the ground of dearth of the evidence presented.
We further explained therein that -
"Moreover, expert testimony should have been presented
to establish the precise cause of private respondents' psycho~
logical incapacity, if any, In order to show that It existed at the
Republic v. Dagdng, GR No. 109975, Feb. 9, 2001
(2nd Division), J. Quisumbing
Facts: PlaintiiT Erlinda Matins married Aveline Dagdag in
1975 and they begot children. A week after the wedding, Aveline
would disappear for months. During the times he was with the
family, he indulged in drinking sprees with friends and would re-
turn home drunk. He would likewise inflict physical injuries on
her. In 1983. Aveline left the family again and that was the last
they heard from him. Erlinda later learned that Aveline was im-
prisoned but escaped from jail.
In 1990, Erlinda filed with the RTC of Olongapo City a peti-
tion for nullity of marriage for psychological incapacity. On Decem-
ber 17, 1990, the date set. for presentation of evidence, only Erlinda
and her counsel appeared. Erlinda testified and presented her sis-
ter-in-law, Virginia Dagdag, as her only witness. Virginia testified
that she is married to the brother o f Aveline. She testified that
Erlinda and Aveline always quarreled, and that Aveline never stayed
for long at the couple's house. Thereafter, Erlinda rested her case.
The RTC declared the manage null and void under Art. 36 of the
Family Code which was affirmed by the CA.

===id. u 209-213. \1=vM_ Ill 88_

l='320 SCRA 76 (1999).
 LEGAL REBEARCH
Issue: Whether the husband suITors from psychological Inca
opacity as he is emotionally immature and irresponsible. a habitual
alcoholic and a Fugitive from justice
Ruling: Taking into consideration these guidelines laid down
in the Melina case, it. is evident that Erlinda failed to imply with
the required evidentiary requi renicnts. Erlinda failed Bo comply
with guideline No. 2 wlii-r:l'1 requires that the root cause of psycho
logical incapacity must be medically or clinically identified and
suflicicntly proven by experts, since no psychiatrist or medical doc
tor testified as to the alleged psychological incapacity of her hus
hand. Further. the allegation that the husband is a fugitive from
justice was not sufficiently proven, In fact, the crime for which he
was arrested was not even alleged. The investigating prosecutor
was likewise not given an opportunity to present crmtmvcrting
evidence since the trial ceurtls decision was prematurely rendered
Judgment reversed and set aside
2. Synthesis of.-dLl] Relevant Cases
Let US now synthesize the above cases
The Supreme Court has decided six cases on psychological
incapacity under An. 36 of the Family Code
In the case oflSontos U. CA, 240 SILRA 20, the Supreme Court
ruled that failure of the wife LO return home nr to communicate
with her husband for more than live years docs not constitute
psychological incapacity Psychological incapacity must be chara
terized by aJ gravity, be juridical antic-dence, and cl incurahilityz It
refers to no less than a mental Incl. physical! incapacity that causes
a party to be truly incognitiva of the essential marital obligations
In Chi Ming Tsai U. CA, 266 SCRA 324, the Supreme Court.
ruled that the senseless and protracted refusal of the husband to
have sexual intercourse to procreate children, an essential marital
obligation from the time of the marriage up bo their separation ten
months later is equivalent to psychological incapacity
In Republic u. CA and Molina, 268 SCRA 198, the Supreme
Court ruled that irreconcilable differences and conflicting person
alities do not constitute psychological incapacity. ii. then laid down
the guidelines in the application ollArt. 36 of the Family Code, to
wit: II burden of' proof belongs to the plaintiiT; 2) root cause of'
psychological incapacity must be al medically or clinically identi
FUNDAMEHTAI. RESEARCH SH:I.L
CASE BRIEFING :urn SYNTHESIS UF cn:.am
find, b) alleged in the complaint, cl auiiiciontly proven by e.perLs
and dl clearly explained in the decision; 33 Incapacity must. exist at
the time of marriage; 41 incapacity must be incurable; El gravity of
illness disables the party to assume the essential marital oblige
sons; 61 the essential marital obligations are those in Articles 68 to
71, and Arts. 220, 221 and 225 of the Family Code; Tl interprets
sons of the National Appellate Matrimonial Tribunal of' the Catho-
lic Church should be given great respect; and Bl Prosecution and
Solicitor General must appear as counsel for the state
in the case of Hernonrlez U. CA. 320 SCRA 76, the Supreme
Court ruled that the husband's habitual alcoholism, sexual infidel
its or perversion and abandonment do not constitute incapacity
in Marcos u. Marcos. G.R. No. 136490. Oct. 19. 2000. the
Supreme Court ruled the psychological incapacity may be estab-
lished by the totality of the evidence presented. Examination by
physician or psychologist is not a condition sine qua nor: for the
declaration of psychological incapacity. Although the husband failed
to provide material support and resorted bo physical abuse and
abandonment, the totality of' his acts does not lead bo psychological
incapacity
In Rcpubfrlcr o. Dngdag, G.R. No. 109976, Feb. 9, 2001, the Su
preme Court ruled that the complainant wife failed to comply with
the evidentiary requirement under the guidelines set in the two
cases ofSon.tos and Molina, as she failed to present a psychiatrist or
medical doctor to testify; the allegation that the husband is a fug
time from justice was not sufficiently proven, and the investigating
prosecutor was not given an opportunity to present controverting
evidences
From the above cases, the Supreme Court has laid down both
substantive and procedural requirements for psychological incs
parity. These substantive requirements are that the incapacity must
he a mental one (Santos easel, existing at the time of the msniage
(Molina case}, and is incurable (Molina case). It is characterized by
gravity of illness which disables the party to assume the essential
marital obligations lNlolins case). These obligations are restricted
to those mentioned in Arts. 68-71. 220, 221 and 225 of the Family
Code (Molina case)
The senseless and protracted refusal Ln have sexual inter-
course for the prncreatiun of children, an essential marital obliger
son, is equivalent to psychological incapacity (Tsai case)
 LEGAL RESEARCH

The following do not constitute psychological incapacity: the

failure of the wife to return home or to communicate with her
husband for move than five years (Santos case); the irreconcilable
differences and conflicting personalities of the spouses (Molina case)
the husbands habitual alcoholism. sexual infidelity or perversion
CHAPTER 4
and abandonment II-lemandez case)
STATUTORY LAW
The procedural requirements are that the bundy of proof
belongs to the plaintiff: the root case of the psychological incapacity
`
must be 1) medically or clinically identified. QI alleged in the com
faint. 31 suilieientlgr proven, 41 clearly explained IN the decision A. Statutory Law
the interpretations of the National Appellate Matrimonial Tribunal Our statutory law consists mainly of the following
of the Catholic Church axe entitled to great respect: the proser
1. The 1987 Constitution
son and the Solicitor General must appear as counsel for the state
(Molina case) 2. 'Treaties and International Agreements
Psychological incapacity may be established by the totality of 3. Statutes enacted by the Legislature
the evidence presented. Although the husband failed to provide
4. Administrative Rules and Regulations
material support and resorted to physical abuse and abandonment
the totality of his acts do not lead to psychological incapacity (Bl arcos 5_ Ordinances enacted by the Autonomous Regions
case).
6. Ordinances enacted by Local Government Units
As the complainant's wife failed to comply with the avider
tziary requirements, as she failed to present a psychiatrist or med
B. The Philippine Constitution
cal doctor and that the investigating prosecutor was not given an
opportunity to present controverting evidence, the petition is dis- In our legal order the Constitution is "law" and law of the
missed fDagdag case). highest authoritativeness and obligation. As "supreme law of the
land," it is the ultimate authority to which reference must he made
However in another case (Marcos). the Supreme Court said to determine the validity of national laws, administrative regula-
that examination by a physician or psychologist is not a cionditio tions, local ordinances and executive actions.
sine qua non for the declaration of psychological incapacity.
With the above synthesis of' cases, we have analyzed the indi- 1. SPANISH PERIOD
vidual cases and then generalized them by identifying two require-
ments for psychological incapacity, namely: the substantive and the Ferdinand Magellan planted the sword and the cross on Phil-
procedural requirements. ippine soil in 1521 and for nearly four centuries, the Philippines
became the dominion of Spain.
By relating the cases to each other and putting them under
one rubric, we can now understand the applicable area of law and The year 1808 marked the start of Spanish constitutional his-
tory. However, except for short periods, the colony did not secure
then use the synthesis to analyze the problem facing us.
the benefits of the Constitution of the Spanish monarchy. Unlike I
Cuba and Puerto Rico, to which certain constitutional rights were
eventually granted, there was an article in the fundamental law
providing that the Philippines should be governed by special laws

" 1

P..
 LEGAL RESEARCH
Consequently all laws for the Philippines originated in Spain, and
in accordance with the provisions of the Laws of the Indies and the
Constitutions, was extended by royal decrees
During the three short periods in which the Spanish
imonarchiall Constitution was effective in the Philippines, namely,
for the years 1810-1813, 1820-1823, and 1834-1837, the Philippines
had representation in the Spanish Cortes
This constitution as well as of other Spanish constitutions
and laws of the period may be found in Lewes Cnnstitucionales
de Espana and in the three-volume work Derecho Parliament
Mario Espagnol. Philippine representation at the Cort's has been
recorded in Fence, Ephemerides Filipinos and in the prologue to
Filipinos en las Cortes
Constitutionalism was but a vague concept to the Filipinos for
over three hundred years during which the Philippines was under
the sovereignty of Spain. The notion of a constitution as an instru
rent that limits governmental authority and establishes pa rule of
law for all the governor and the subject, the public official and the
private individual, was not oomprehendcd in theory and in proc
tice
2. THE TREATY OF PARIS
The legal milestone that marked the commencement of const
tutionalism in the country was the Treaty of Paris of 1898 which
terminated the war between the United States and Spain- This
was the main gate opening to the broadening highway of" constitu-
tionalism indicated by the different organic laws which followed
later and which progressively enlarged Philippine self-government.
This was the legal starting point of Philippine constitutional devel-
opment which reached full maturity with the adoption of the Con-
stitution of" the Philippines and the declaration of Philippine Inde-
pendence on July 4, 1946.
The Treaty of' Paris, with its supplemental protocol of agnee-
ment extending the period for the declaration of Spanish national-
ity, and the additional treaty for the cessation of certain small
l30/\-'oreno0P»*u'!e'ppfm= Lego! Bibliography, -Qucxon City, Filipino Publishing
Co., Inc., 1973, p. 18.
IQ
STATUTORY LAW
islands, because of their direct bearing on the Philippines,
can be
considered as a part of the supreme law of the Philippines. The
courts have deemed the provisions of the 'Heats of Paris control
ling in a number of cases
The official text of the treaty may be found in the Official
Gazette, Vol. 1 (Appendix) and in the U.S. Statutes at Large
Vol, 30
It is also published in the official repesitnqr, Public Laws
(Philippine Commission and Philippine Legislative) and in Acts of
Congress and Treaties Pertaining to the Philippine Islands
(GPO, 1920)
3. THE MALOLOS CONSTITUTION OF 1899
The Malolos Constitution took its name from the capital town
of the Filipino revolutionary government located in the province of
Bulacan. The background of this constitution is found in the cento
mies of Spanish rule over the Philippines, insurrect-ons, first against
the authority oflSpain and "her bad government," and later against
the assumption of sovereignty by the United States, and the gradu
ally increasing sense of nationality which, nourished in the blood of
martyrdom, grew into a common and ardent desire for independ
once
Congress approved the Constitution on November 29, 1898
and was immediately transmitted to General Aguinaldo for prom-
ulgatirm- On January 21, 1899, following formal passage by Con-
gross the day previous, President Aguinaldo promulgated the
Malolos Constitution, and ordered that it should be "kept, complied
with, and executed in all its parts because it is the sovereign will of
the Filipino people."
The Malolos Constitution was not a new creation. Prior con-
stitutional projects in the Philippines had a molding influence. The
Cartilla and the Sanggunian-Hukuman - the charter and code of
laws and morals of the Katipunan, drawn up by Emilio Jacinto
(1896); the provisional Constitution of Bisk-na-Bato (1897), modeled
after a revolutionary Constitution of Cuba, prepared by lsabelo
Artacho and Felix Ferrer, the constitution for the island of Luzon
promulgated on April 17, 1898 by Gen. Francisco Macabulos; the
'==r¢:., P- 19.
 LEGAL nsssnnvrz
provisional Constitution of Mariano Ponce prepared in Hongkong
April 1898 upon orders of General Aguinaldo, following Spanish
Constitutions: the Constitutional Program of t-he Philippine Repub-
lic drafted by Apolinario Mabini which was subniitled to the revo-
luti0naqr governnienl; in Cavite on June 6, 1898, and the autonomy
projects of Poterno 118981 -
all were to evolve into the Malolos
Constitution
The preamble of the Malolos Constitution 1-ends: "We, the
resentatives of the Filipino people. lawfully convened, in order to
establish justice, provide for common defense, promote the general
welilal'e. and insure thc- benefits of liberty, imploring the aid of the
Sovereign Legislator of the Univ42l'se for the attainment of these
ends, have voted, decreed, and sanctioned the following political
Constitution
The Charter then organized a Filipino state called the Philip
pine Republic, sovereignty residing exclusively in the people. The
national and individual rights of Filipinos and aliens are next spec
lied. These provisions are, in the main, literal copies of articles of
the Spanish Constitution. The Bill of Rights includes religious lib
erty, freedom from arbitrary arrest and imprisonment, s provision
like that of Spain; recognition of" what amounts to the writ of ha
bees corpus, sanctity of domicile, prohibition of unreasonable
searches and seizures, right to choose one's domicile, inviolability
of correspondence, prohibition of criminal prosecutions unless in a
competent court and according to law, protection of private prop
erty, reserving to the government the right of eminent domain
inhibition against the payment of any tax not legally prescribed
freedom of speech and press; right to form associations; right to
petition; permission to establish educational institutions; cornpul
sary and free popular education; right of expatriation; prohibition
of trial under special laws or by special tribunals; prohibition against
laws of primogeniture and the entailing of property; prohibition of
acceptance of titles of honor or nobility from foreigrl nations with
out authorization of the government, and of the granting of' such
honors by the Republic. The Constitution also provides (Article 28)
that "enumeration of the rights granted in this title does not imply
the prohibition of any others not expressly stated
'*"Re-driguez, Canstitrrtfnnafism in the PhMppines, Manila, Rex Book Store
1997. p. 12
Mud.. p. 13
8'TAIl'lrrotw LAW
The legislature under the Malolus Constit . .
oral. It WHS called the assembly of l-gprgggnlati tlonTh "mg"
g;in
were to be elected for a term of four years. Secretaries of
ernment were to be given seats in the Assembly.
The executive power was vested in the President of the Re~
public who should exercise it through his Secretaries. He Wes me be
elected by an absolute majority of the assembly and special repre-
sentatives assembled in constituent assembly. His term was four
years, and he could be re-elected. No vice president is provided for
The judicial power was vested in one Supreme Court of Jus~
tice and in the other courts to be created by law. The membership
organization, and other attributes et" the courts were to be gov
erred by the special laws. The President of the Supreme Court of'
Justice and the Solicitor-General were to be appointed by the Na
tonal Assembly in concurrence with the President of the Republic
and the Secretaries of the government
The oflieial repositories of these constitutional documents are
the organs of the various revolutionary governments, such as the
Heraldo de la Revolueion and the state papers prepared by
Apolinario Mabini in his work, La Revolution Filipino, pub-
lished by the Bureau of Printing in two volumes. The documents
are also noted in the Reports of the Philippine Commission to
the President (Government Printing Office, 4 vols), Other sources
and historical aids are: Calderon. Mis Memories Sobre La
Rovolueion: Kalaw, La Cnnstitucion de Malnlns: Retana
Archive del Biblio-filo Filipino; Calderon, Documentos para
la Historia de Filipinos; Kalaw, Planes Constitutionales Para
Filipinos; Aguinaldo, Resena Veridica de la Revolueion
Malcolm, Philippine Constitutional Law; and Blair and
Robertson, The Philippine Islands
4. THE AMERICAN PERIOD
Admiral Dewey's victory over the Spanish rrrmado in Manila
Bay, followed by the oaplure of Manila by the American forces and
the formal ratification of the treaty of peace with Spain transfer
ring Spanish sow:-rcignty over the Philippines to the United St-Ht42=S
'"Tl-Ioreno, op. cit., p. 19
 LEGAL RESEARCH
marked the inception of Americun institutional history in the Phil
:ppm es
Organic Laws
Under the American system of law and govemmunt, the con
stitutien of a territory under the direct control of the federal gov
ernment is known as an organic law. Usually, it is an enactment of
Congress. Chif.*fJust.ice Waite of the United States Supreme Court
said
"The organic law of a Territory takes the place of a constitu
son as the fundamental law of the local government. It is obliger
t r y and binds the territorial authorities, but Congress is supreme
and for the purposes of this department, its governmental author
its has all the powers of the people of the United States, except
such as has been expressly Ur by implication reserved in the pro hi
bitions of the Constitution." (National Bank u. Country of Yankrorz,
10/ U.S. 129, 132. U.5. v. Huff. 15 Phil. F)
The principal organic laws of the Philippines previous to the
adoption of the 1935 Constitution wen:-: The Treaty of Paris of
1898; The President' Instruct ns to the Sec nd Philippine Com
mission oil April 7, 1900; the Spooner Amendment adopted on March
2, 1901; the Act of Congress of July 1, 1902, otherwise called the
Philippine Bill; and the Act of Congress oil August 29, 1916, other
wise designated as the Philippine Autonomy Act or the Jones Law.
Some of the acts of Congress embodied provisions ofstatules of the
Philippine legislature expressly or bi' mere reference. By this form
of congressional reenactment., the said provisions became part of
the Philippine organic 1aw8.1:"'
All these organic acts are found in the official repository Public
Laws (Philippine Commission and Philippine Legislative),
and in Acts of Congress and 'Treaties Pertaining to the
Philippine Islands (GPO, 1920).
(11 Pres. Mol{inley"s Instructions of April 7, 1900
For the guidance of the Taft commission, the President of the
United States had issued his Instructions of April '7, 1900. The
legislative power conferred by these instructions upon the commis-
'-"'Rodrig'ucz, ap. cr'L, P. 18.
STATUTORY LAW
dion included, among others, the organization and @8ililIJ'iiPil'II!1Ent,
courts and the organization and establishment of mun
icipal and
departmental governments
The legislative power was vested In a unicameral body called
the Philippine Commission. Its legislative authority includes 'the
making of rules and orders having the effect of law for the
of revenue by taxes, customs duties, and imposts; the appropria
son and expenditure of public funds of the Islands; the establish
rent of an educational system to secure an efficient civil service
the organization and establishment of courts; the organization and
establishment of municipal and departmental governments, and all
other matters of a civil nature which the militsiry governor is now
competent Bo provide by rules or orders of a legislative character.
These instructions are contained in the Official Gazette. Vol
1 (Preliminary Numberl, in the Public Laws [Philippine Commit
sign), Vol. 1 and in the Reports of the Philippine Commission
is the Fresident. Vol. 1
Likewise, this organic act and the others are published in
Flora, Encyclopedia of the Philippines, 1957, Vol. KI and in
Poblador, Important Documents Illustrative of Philippine His
tory
(2) The Spooner Amendment of March 2. 1901
The first, action of the U.S. Congress asserting its right to
govern the Philippines was expressed in the Spooner Amendment 9
which was an the form of a rider to the Army Approprnati,ons Bill
passed by Congress on March 2, 1901. This amendment provided:
"All military, civil, and judicial powers necessary to gov-
ern the Philippine Islands acquired from Spain by the treaties
concluded at Paris on Dec. 10. 1898 and at Washington on
Nov. 7 1900 shall, until otherwise provided by Congress, be
vested in such manner as the President of the United States
direct., for the establishment of civil government, and for main-
taining and protecting the inhabitants of said Islands in free
enjoyment of their liberty, property, and religion."
""!*-Iarcno. op. bit.. p. 20.
 LEGAL RFSEARCII
This measure put an end to the military government over the
greater portion of the Archipelago. lt gave the President authority
to establish a truly civil government. He was to do so no longer in
his capacity as military commander but in his civil capacity as
President of the United States
President McKinley did not change the form of government
established by him under his war powers; but in June 1901, exer
cising the civil authority conferred upon him by the Spooner Amend
men, he created the office of Civil Governor to take effect on July 4
of the same year, and the executive power exercised previously by
the military governor, was transferred to that official. The Philip
pine Commission remained vested with legislative power
This organic law may be found in the U.S. Statutes at Large
Vol. 31
(3) The Philippine Bill of 1902
The Act of Congress of July 1, 1902, or the Philippine Bill
was an act temporarily to provide for the administration of Civil
government in the Philippine Islands. It did not establish a new
form of' government for the Islands but simply accepted the exist
ing government 85 organized by the President through his execu
five orders and the Instructions of April 7, 1900. The Philippine
Bill, however, provided for the calling for a popular assembly to be
designated as the Philippine Assembly, after complete peace should
have been established in the Islands and two years should have
elapsed from the completion and publication of' a census, in case
such condition of general peace with recognition of the authority of
the United States should continue in the Christian provinces,
After the Philippine Commission certified on September 18,
1902 to the U.S. President that the insurrection in the Philippines
had ceased and the census was completed on March 28, 1905, the
elections for seats in the Philippine Assembly were held on Judy 30,
1907.
The Philippine Assembly was convened on October 16, 1907,
which together with the Philippine Commission, formed the Philip»
pine legislature invested with the authority to legislate for all
parts of the Philippines outside of the non-Christian provinces.
Over those inhabited by them, the Commission was the sole legis-
lative body. A large portion of the Philippine Bill, however, was
STATUTORY LAW
devoted to the regulation and control of public lands, mining, for
eats, commerce, franchises, and municipal bonds. The Philippines
had been completely under the control of Congress since the pas»
sage of this Act
The Philippine Bill likewise extended bo the islands the guar
antees of the Bill of Rights of the U.S. Constitution
Until 1907, legislative power was vested in the Philippine
Commission, the members of which continued to be appointed by
the President of the United States. From 1907, it was vested in a
bicameral legislature consisting of the Commission and the Philip
pine Assembly. The Assembly was composed of 81 members elected
by the Filipino people f`or a term of' two years
The text of the Philippine Bill of 1902 is published in U.S
Statutes at Large, Vol. 32 and in U.S. Code, Titles 2 and 48
(4) The Philippine Autonomy Act of 1916
The Philippine Autonomy Act or Jones Law passed by Con
go-ess on August 29, 1916, superseded the Spooner Amendment of
1901 and the Philippine Bill of 1902 as the chief organic act of the
Philippines. It remained 85 such until November 15, 1935, when
the Commonwealth of the Philippines was inaugurated. This act
more nearly resembled a constitution in form and content than any
of the former organic laws of the Philippines. It contained a pream
b e , a bill frights, provisions defining the organization and powers
of the several departments of the government, and their limita-
tions; provisions defining the electorate; and miscellaneous provi-
sions on finance, franchises, and salaries of important officials."
The Jones Law granted general legislative power except as
otherwise provided therein to the Philippine Legislature. The legis-
lature was bicameral. The Senate was composed of 24 members
representing 12 senaton'al districts.
With the exception of two who were appointed by the Gover-
nor-General to represent the non-Christian tribes, they were all
elected by the people for al term of six years. With the exception of
nine who were appointed by the Governor-General to represent the
'*'Rodriguez, op. Dr., P- 21.
did., p. 23.
 LEGAL RESEARCH
non-Christian tribes, the other 81 members of' the House of Repre
tentatives were elected by the people for a term of three years
The Philippine Legislature was inaugurated on October 16
1916 with Manuel L. Quezon as Senate President and Sergio
Osmena as Speaker of the House
The supreme executive power was vested in the Governor-
General. He was appointed by the President by and with the advice
and consent of the Senate of the United States. He held his office
at the pleasure of the President and until his successor wns chosen
and qualified.
The text of this Act is published in the U.S. Statutes at
Large, Vol. 39 and U.S. Code, Titles 2, 39 and 48.
b. THE COMMONWEALTH PERIOD
(1) The Tidings:-McI)uftlie Law of 1934
The Philippine Independence Act, otherwise known as the
Tidings-McDuillie Law, was signed by U.S. President Franklin D.
Roosevelt on March 24, 1934, and unanimously approved on May
1, 1934, by the Philippine Legislature on behalf of' the Filipino
people. It provided for the relinquishment oflAmerican sovereignty
over the Philippines upon the expiration of a transition period of
ten years during which the Archipelago was to be under the regime
of an all-Filipino Commonwealth government established in ac-
cordance with a constitution which the Filipinos were authorized to
frame through a convention of delegates."
This Act may be found in U.S. Statutes at Large, Vol. 48
and in U.S. Code, Title 48.
The legislative history of this Act is discussed in the philip-
pine Charter of Liberty by Osiers and Baradi,
(2) The 1935 Philippine Constitution
The Philippine Independence Law authorized the calling of a
Constitutional Convention "to provide for the adoption of a consti-
tution and a form of government" for the Philippines. Section 1 of`
Mid.. p. 27.
STA'l'U'l:*ORY LAW
'93
said Law provided "for the election of delegates Bo a oonstitutiongj
convention which shall meet in the hall of the House of Reeve-
sentatives in the capital of the Philippine Islands. at such time an
the Philippine Legislature may fix, but, not later than October 1,
1934, bo formulate and draft a constitution for the government of
the Commonwealth of the Philippine Islands, subject only to the
conditions and qualifications prescribed" in the said Independence
Law. The Philippine Legislature was required Bo appropriate the
necessary funds to cover the expenses of the Convention."
The Philippine Legislature enacted on May 5, 1934 a law
calling for E1 constitutional convention of 202 elected delegates. On
July 10, 1934, the election of delegates took place and the conven-
tion opened on July 30, 1934. More than six months of delibera-
tions elapsed before the final draft of the Constitution was ap-
proved by the convention on February 8, 1935. The signing of the
important instrument by the delegates was completed on February
19, 1935. The Constitution was then submitted to the President of
the United States on March 18, 1935 for approval. President
Franklin D. Roosevelt confirmed it Gve days later on March 23rd.
The last step required was the submission of the Constitution to
the Filipino people for ratification, and the fundamental law of the
land was ratified by overwhelming vote at a plebiscite held on May
14, 1935.'*'
By the new Constitution of the Philippines ratified by the
Filipino people in May 14, 1935, the Philippine Legislature was
abolished and superseded by the National Assembly. This was a
unicameral body. It was the legislative authority of the Philippine
government from November 15, 1935, until the last days of 1941.
The 1935 Constitution provides for the establishment of a
government that, in the language of the preamble, shall embody
the ideals of the Filipino people, conserve and develop the patri-
mony of the nation, promote the general welfare, and secure to
them and their posterity the blessings of independence under a
regime of justice, liberty, and democracy. The constitution also pro-
vides for a republican form of government, follows the principle of
the separation of powers, and contains a bill of rights. It guar
an-
tees freedom of speech, freedom of the press, and freedom of reli-
l 4:
-Id.
p 29
I 4l
Id. P a0

l.EGAL nmaAr~:v\I
dion. In most of its features. it is modeled fiRer the Constitution of
the United States which was chnrncterized by Wilhnni Pitt. that
eminent English stntesmun. as 'the wonder find admiration nl' fill
future generations and the model for all future constitutions." and
be Gladstone. nnetlier English statesman ul' renown. ns "the most
"tondrfuI work ever stmrk oft it a given time by the bruin and
purpose of men '
The 1935 Constitution of' the Philippines includes more thon
the substantive contents nhove enumerated. Opening with a pre
nnihle. it is made up of seventeen articles and ends with an erdi
nance appelide-d thereto. in chronological order. the various article
are: Article l The National Telrilnryi Article II. Declaration of'
Principle Article III. Bill of Rigi1Li: Article W. Citizenship; Article
V. Suffrage; Article VI. Legislative Department, Article Vll. Execu-
tive Department: Article Vlll. Judicial Department; Article IX. Im-
penchment Article X. General Auditing Office; Article Xl. Civil
Service; Article XII. Conservation and Utilization of Nnturnl Re-
sources; Article XIII. General Provisions; Article XIV. AmendlnenU.1,
Article XV, Transitory Provisions; Article XVI. Special Provisions
Effective Upon the Proclamation of the Independence of' the Fhilip-
pines, and Article XVII. The Commonwealth :md the Republic."*
The outstanding features of' the 1935 Constitution of the Phil-
ippines, namely. n republican government. with [1 hill of' rights. an
assertive National Assembly. El strong Executive and no independ-
ent Judiciary, and the inclusion of precepts enllmtlying certain lib-
eral principles and socialistic tendencies, form the groundwork upon
which the Filipino nation, during the ten years transition period.
will undertake to build the structure of a free and independent
Philippines.
There have been three amendments to the 1935 ('onstitution.
By virtue of' the 7'ydings~l{oscislkowski Act of' August, 7, 1939, the
appended ordinance was amended at n plebiscite on Oct. 24. 1939
and approved by President Roosevelt on November 10, 1939.
In 1940, the Constitution was amended. First, the National
Assembly was abolished and in its place a Congress of the Philip-
pines was created to begin operating after the elections in Novem-
ber, 1941. This body is a bitrameral legislature. consisting of a Sen-
ad., F- 31.
STATUTWUHY LAW
ate and a House of Representatives. Secondly, the tens of office of
the President and co-President was decreased from six to four
years with reelection for the President provided the total number
of years he served in office did not exceed eight consecutive years
Thir dly, an independent Commission on Elections was created
These amendments were introduced under Resolution No. 38
approved on September 15, 1939. ns amended by Resolution No
'73. They were adopted on April 11, 1940 by the Second National
Assembly. On June 18, 1940 these amendments were ratified by
the people and the U.S. President approved them on December 2
1940
In 19-t'?, the Constitution was again amended. The amend-
ment allowed citizens of the United States and business enterprises
owned or controlled by such citizens equal rights in the disposition,
exploitation. development and utilization of natural resources and
the operation of public utilities in the country. This so called the
"Ferity Rights" amendment was introduced by a Joint Resolution
adopted by the First Congress on September 18, 1946 and ap-
proved by the people on Mnwh 11, 1947.
The oflicinl text of the Philippine Constitution of 1935 may be
f`oLlnd in Public Laws of the Philippines, Vol. 30 (Appendix), and
in the Official Gazette, Vol. 34. It also appears in the revised
edition of Vol. l clf1s6i, Messages of the President, which con-
tains. in addition, the Tydings-l'»{eDuflie Law and the Proclamation
of the President of the United States establishing the Common-
wealth of the Philippines.
A set of the original typwrltten copies of the records of the
proceedings of the convention was donated by delegate Salvador
A1-nneta. Another collection is the Proceedings of the Constitw
tonal Convention of 1935 by Senator Jose R Laurel, in 7 volumes.
Rest Publishing Co. tllflanilol. had published the Journal of the
1935 Constitutional Convention (8 volumes).
Other materials on the proceedings of the convention are the
Journal of the Constitutional Convention of the Philippines.
edited by VJ, Francisco, 1961-65, 7 volumes. Framing of the Phil-
ippine Constitution, 2 voltlmes by .lose Aruego. and Constitu-
tional Convention Records, 1966, 11 volumes (House of Rep.
Ed_).1-13
"*Murono, UP. Dr., P- 21,
 LEGAL RESEARCH
STATUTORY LAW

The secondary sources on the 1935 Constitution

are;
Under the Constit
ution, broad d
Gleorg": A. Malcolm and Jose R Laurel, Philippine Con- vesietl in the President, inc
luding full aucen
'

stitutional Law, Lawyers Cooperative Fublishing Co coercive powers of the st thor

ate for its preservation
tral
ityize tod ex
pow erse are
ercis the
Manila. 1936
"
The 1943 Constitu
tion provides for a
Lorenzo A. 'Pmiada and Enrique M. Fcmsmdo, Constitu known unicameral legislatu
2. as the National Assembly head re
son of the Philippines, 1952 composed of the pro ed by the Speaker.
vincial governors and to be
D and of the deleg city mayors as members
3. Ruperto G. Martin, Philippine Constitutional Law ates to be elected every
from each and every proirin three years, one
Rev. Ed., Philaw Publishing, Manila, 1954 oe and chartered city
The official text was promu
icentc J. Francisco, Constitutional History, East Pub. and may be found in the Of lgated in Tagalog and in En
glish
Plication. Manila. 1956 ficial Gazette, Vol. 2 (Specia
9-AJ. By Fnoclamation of Gen l Number
. MacArthur, on October 23, 194
5. Lorenzo A. Tanada and Francisco A. Carrion, Political Japanese-sponsored Constitu 4, the
tion was declared null and void
Law of the Philippines, 1956 without legal effect in areas of the and
Philippines free of' enemy ow"-
pation and control.
6. Vicente G. Since, Philippine Constitutional Law, Com
munity Publishing. Manila, 2nd Ed., 1960
PERIOD AFTER PHILIPPINE INDEPENDE
Exhaustive annotations to the Constitution are contained in NCE IN
1946
the Philippine Annotated Laws (The Lawyers Cooperative Pub
fishing Co.. 1956), particularly in Vols. 1 and 2. The annotations Martial Law Declaration
consist mainly of decisions of the Supreme Court, interpreting and While the 1971 Constitutional Convention was m
applying the constitutional provisions. session on
September 21, 1972. the President issued Proclamation
No. 1031
placing the entire Philippines under Martial Law. On
November
5. THE JAPANESE PERIOD (1943 CONSTlTU'IIION) 29, 1972, the Convention approved its proposed Constitution
of the
On January 2, 1942, the Imperial Japanese Forces occupied Republic of the Philippines. The next day, November 30, 1972, the
the City of Manila, and on the next day their commander- President of the Philippines issued Presidential Decree No. '73,
in-chief submitting to the Filipino people for ratification or rejection the
proclaimed "the Military Administration under marti
al law over Constitution of the Republic of the Philippines proposed by the
the districts occupied by the Army."
1971 Constitutional Convention, and appropriating funds therefor,
The 1943 Constitution of the Republic of as well as setting the plebiscite for said ratiiieotion or rejection of
the Philippines dur-
ing the Japanese occupation was draf the proposed Constitution on January 15, 1973.""
ted by the Preparatory Com-
mission for Philippine Independence
headed by Jose R Laurel. The Supreme Court dismissed the petitions questioning its
In view of the prevailing national ratification, thus: "This being the vote of the majority, there is no
emergency, certain features
which in normal times would hav further judicial obstacle to the new Constitution being considered
e been readily adopted were not in force and effect." (Javellana v. Executive Secretary, 50 SCRA
embodied in the Constitution
, such as: (1) the article OH universal
suffrage r the holdi' ng of 30)
popular elections, (2) ce
on bill of rights which we rtain prmnslons
re found in the Commonwealth Con
tion, such.as (al the prohibition stitu-
against a bill of attainde
the
provisions regarding criminal
r. and (be
of the artic le on citizenship, an procedure, (3) certain provisions
d (4 ) those creating . . p. 170.
n Appointments and the the Comm1ssl01* "'Hndriguez. Inrroducti-rm 'lb Law. Manila, Rex Hook Store, 2001.
Commission on Electio "'Id., p, 174.
ns
 LEGAL RESEARCH
}q_1'U1l0l:{y LAW

b. The 1973 Constitution The secondary sources on the 1973 Constitution

The 1973 Philippine Constitution provides for a parliament
dential system of
tars system of' government to replace the presi
Cons tituti on Under the new Constitu
government under the 1936
ent. to serve as the head of the State
son, there shall be a Presid
National Assem bly of' legislat ors elected by the people ; and a Prime
Minister elected by the National Assembly from among its men
hers, who shall be the head of' the government, assisted by It cab
net appointed by the Prime Minister, a majority of the members of
which shall be members of the National Assembly at the same
time
The 1973 Constitution of the Philippines has n preamble and
seventeen titled articles, namely The Preamble: Art. I The Na
tonal Territory; Art. II -
Declaration of Principles and State Poll
cies; Art. m -
Citizenship; Art. Iv .-..u Hill of Rights, Art. v
Duties and Obligations of Citizens; Art. VI --
Suffrage; Art. VII
The President; Art. VIII -
The National Assembly, Art IX The
Prime Minister and The Cabinet; Art. X - The Judiciary; Art., XI
-Art. XIII - Accountability of' Public
Local Government, Art. XII - The Constitution Fommissions
OlTicers; Art. XIV - The Na
tonal Economy and The Fatrimony of The Nation, Art. X V
oral Provisions; Art. XVI - Amendments; Art. XVII - Transitory
Provisions.
The official text of the 1973 Constitution was promulgated in
English and Pilipino, and translated into several local dialects, and
into Spanish and Arabic. In case of conflict, the English text shall
prevail, Both English and Pilipino to-xts appear in Vol. 68, No. 50
and in Vol. 69, No. 4 issues of the Official Gazette
The Constitutional Convention Archives in the UJ' Law
Library thru its indexes will be helpful to the legal researcher on
the 1973 Constitution.
Vicente V. Mendmzah From 1'v'IcHinley's Instructions to the
Constitution: Documents on the Philippine Constitutio
nal
System, Central BE-Uk Supply, Inc., Manila, 1978 curta
ins nut unlé'
the text of the 1973 Constitution hut also the othe
r prior 'organic
acts and constitutions of the Fbilippines
Enrique M. Fernando, Constitution of
Central Book Supply, 1978 Ed
the Philippines,
Neptali Gonzales, Philippine Constitutiona
l law. 4th
edition, Rex Book Store. Manila. 1975
In lieu of the Interim National Assembly, the President ever
cised lawmaking powers with the aid of the Batasang Bayan. The
Batasang Bayan was convened he President Marcos on September
21, 1976. lt. was B quasi-legislative machinery set up in compliance
with the mandate expressed in the referendum of July 1973. lt
served as a forum for discussing policies and programs of the crisis
-- government. It also functioned as a mechanism for evaluating poll
mies and programs of local government units, like the barsngay and
the sangguniang bay un
'The Batasang Hoyan was composed of members of the cabinet
- and ofiicera with cabinet rank: members of the Executive Commit-
tee of the Katipunan fig m a Sanggunian; one representative each
from the 13 regions of the country and the President as presiding
officer, It was given certain powers to approximate a working par
- Gt liamenl., on the belief that the Batasang Bayan would be the appro-
priate legislative transition to the interim Batasang Pambanaa
The: Amendments to the 1973 Constitution
On October 16-17, 1976, in a referendum-plebiecite, seven W )
amendments to the 1973 Constitution as proposed under Presiden
rial Decree No. 1033 were ratified by the people. Among the amend
merits, were the granting of concurrent lawmaking powers to the
President which the latter exercised even after the lifting of mar
rial law in 1981, the creation of an Interim Batasang Pambansa
and making the incumbent President the regular President and
regular Prime Minister
ang
The amen dmen ts would create 8 120-member Batas
al men
Pamhansa, 8 People's Assembly, consisting of elected region
bers of the present
hers on a proportional basis, together with mem
ld have the same power es
Cabinet: this Batasang Pumbansa wou to replace
had been prop osed
the Interim National Assembly that

""8nrianu, HUntL5~rxJ»l'!
1 Lfiffrf Be'b!£t4;rnphy, Manila , Pm.mium Bunk Store Rndrixlwz. ap. it., p. 48
1984, P~ 16.
 mn LEGAL RESEARCH
mwronv LAW
the Congress of the 1935 Constitution. The power to ratify treaties 16, 1981. Because of
by a simple majority was withdrawn from both the new and the old
interim legislatures
faced with no credible
Gen. Alejo Santos
the boycott by the
opponent. The Naclo
the opponent of
_
0p1=0
ziti
. on, Marcos was
nahsta Party put up
In the December 17. 1977 Referendum, the Question was Santos and won a six-ye Marcus. Marcos
ar term as President. ill b€3L
'Do you vote that President Ferdinand E. Marcos continue On January 17, 1982t aft
er almost 10 years of
office as incumbent President and Prime Minister after the organ President Marcos proclaimed martial rule,
the termination of Marti
ration of the Interim Batasung Panibansa, as provided for in Amend the restoration of nermnl repub al Law and
lican government. On Jan
men No. 3 of the 1976 aniendnients Lo the Constitution?" The the Fourth Philippine Pepublic uary 30th.
preparations no the Quirin inaugurated amidst elabor
results nationwide were: 20,062,782 voted yes, while 2,104,209 voted e Grandstand in Luneta ate
No.
Pursuant bo Baba Pambansa
Blg. 222, elections were called
On February 7, 1978. Fresid,ent Mnncos signed Presidential in May 17, 1982 to elec
t the barangay uMcinls consist
Decree 1296 or the Revised Election Code of 1978. which provided Punong Barangny (Barnngay Cap ing of the
tain) and the six Kagawads
for the holding of elections for members of the Interim Butasang {P»:trnng£l}' CouncilnuznI
Pambansa HBP). Representation to the IBP wus by region
In 1983, on event oc4:ur1~od that would chan
ge the course o
On December 22. 1979, the Batasang Pmnbzmsa enacted Halas history of the country. plunging it into deep
economic quagmire
Pambansa Big. 51, "An Act Providing for the Elective or Appointivc and irreversible political instability. On August 21, 1983,
Filipino
Positions in Various Local Governments and I-'or Other Purposes opposition lender Benign "Ninon" Aquino was shot to death
at the
laying the groundworks for the January 30. 1980 local elections Manila lnturnntional Airport and his alleged assassin immediately
Iii the plebiscite held simultaneously with the January 30 killed by soldiers as ho rclurliod from three years' exile in the ¢

1980 local elections, the amendment making 70 years as the retire United Status
men age for members of the judiciary under Bates Fannbansa Bl In the fourth plebiscite held on January 27, 1984, the amend
54. was approved by the people mel\L4 ratified by the people were the following
Responding to the popular clamor for Fresident .\'l:\rco:4 to II ilppnrtioning the members of the Batasung Pambansa
submit to elections having been in power for more than 15 yours among the provinces, cities, and Metropolitan Manila or its dis
already (1965-19811. he proposed certain aniendnients to the 1973 triers
Constitution for the establishment of El modified parliamenta
ry sys
tem paving the way for presidential elections providing for an ordinance to be appended to the Consti
2)
tutor such apportionment
In the third plebiscite held April 7, 1981, the following
amendments were likewise ratified by the peop
le 31 establishing a ditTcrent mode of presidential succession
by creating the office of Vice»President and abolishing the Execu
II establishing modified parliamentary
form of govern time Committee
me n, _
4)allowing the grant of lands of the Publ'1c don a
so n n tO
2) instituting electoral reforms: and l
qualified citizens b
3) permitting natural-born citizens who hav st a ma ' ity
jor ` Of the ITIBITI EPS of the
e lost their cit providing tha t at lea
zenship to be a transferee of priv
ate land. for use be 5) who are heads of minis nesbshall
cabinet ansa come from the elected
them as residence . .
representatives of the Batasang al m and

pavedTh
theaPProyal
for tithe Pl'0posed amendments to the Constitution . 6)
providing for urban
land reform and social housing pro-
:of e - . .
setting of the Presidential election on June gTam
l
 LEGAL RESF'.AR('H
5TA1'[J'T()l1'y LAW

Election for ISS ekwtivv seats in the 200-member Bntasnng the new government was instal
Pambansn as held on play' T. 1984. Thu new legislature convened power of the Filipino led through a direct
exercise of the
F;in"
power assisted by un
on July 23, 1984 its of the New Armed
the Phlhilpines" and that this heroic act
dalliance of the provision ion of the people
s of the 1973 Constitutio
d. The Provisional Constitution of 1936 nmended n

In November 1985. President Marcos called for special "snap
presidential elections. Corazon Aquino challenged President Marcos
for the presidency and elections were held on February 7, 1986. On
Febr1JaI'}' 15. 1956. the Batasang Pambansa. in the exercise of pow
ers given by the 1978 Constitution. proclaimed Ferdinand Marcos
President amid strong opposition and widespread protest
On February 22. 1986, Minister of National Defense Juan
Ponce Endo holed himself in the UND Headquarters at Camp
Aguinaldo and revolted against President Marcos. General Fidel
Rannoch. then Vice Cbjef of Staff later joined Enrile. Both of' them
placed their support and recognition to Corazon C. Aquino.
The EnrileRanuos forces were supported bi' hundreds of thou-
sands of unarmed civilians who surrounded the two military camps
to prevent the Marcos military from getting Enrile and Ramos.
Other rnilitarjr elements soon switched their support to Enrile and
Ramos.
On February 25. 1986, Corazon C. Aquino, was proclaimed
first woman President of the Philippines in simple rites held
at the
Club Filipino and was immediately swam in by Senior Assoc
iate
Justice of the Supreme Court Claudio Teehankee. In the evenin
g of
the same do); President Marcos left the country:
President Aquino abolished the Batasang Pamb
ansa and de-
cloned a revolutionary government.
When Corazon C. Aquino took her oath of
office as President
on February 25. 1986, Proclamation
No. 1 was issued wherein she
declared that she and her Vine-Preside
nt were "taking power in the
name and by the will of the Filip
ino people' on the basis of clear
sovereign will of the people express
ed in the election of February 7,
1986. The new government cam
e into power not in accordanc with
e The Preamble of the new 1938 Constitution aims
the procedure outline
' d in the 1973 Const
itution but as explicitly
stated in the preamble of' Proclamation No. 3 wh
ich stated that
The Provisional Constitution otherwis
e known the Free-
dom Constitution adopted in goto
the provisions of Article 1 (Na.
tona l Territory), Article III
fCitizensllip). Article IV (Bill of Rights)
Article V i Duties and Obligations of Citizens)
and Article VI (Sui
fragel of the 1973 Constitution, as amended
Other provisions. such as Article II {Decla
ration of Principles
and State Policies); Article VII (The President); Article X
The Judi
cisryl; Article Xl (Local Governments); Article XII The Constitu
tonal Commissions); Article XIII (Accountability of Public
Oifie
ers); Article XIV (The National Economy and Patrimony
of the
Nation); Article XV (General Provisions) were adopted insofar as
they were not inconsistent with the provisions of the Proclamation
while Articles VIII IBatasal1g Pambansa): IX (the Prime
Minister
and the Cabinet). XVI 4Amendmentsl, and XVII i'l"rsnsito1-y Provi-
sions) were deemed superseded.
The text of this Provisional Constitution is published in Vital
Legal Documents in the New People's Government. Central
Book Supply, Inc. and also in Constitutionalism 'm the Philip~
pines, 1997 by this writer.
e. The 1987 Constitution
The so-called people power of February 1986 installed a new
government under Corazon C. Aquino as President of the Republic
of the Philippines. On March 25. 1986, she issued Proclamation
No. 3 promulgating a provisional constitution during a period of
transition to a New Constitution. On April 23. 1986, Proclamation
No. 9 was issued calling for a new draft Constitution and creating
the Constitutional Commission of 1936.
to "secure Bo
ourselves and 0lll` posterity the blessings of independence and de-
free-
mocrocy under the rule of law and regime of truth, justice,

*'!d. p is
\*'/d.. p. 49.
 LEGAL RESEARCH
STATUTQRY LAW
ws
dom, love, equality, and peace. The provisions of the national terri not more than 250 me
Tory provides what comprises the Philippine Archipelago, "with all mbers unless oth
are elected from legi'slatu erwise provided by law who
the islands and waters embraced therein and all other territories v-
re districts and th
law are elected through ' ose who
over which the Philippines has sovereignty and jurisdiction." Al party list system as P1'0vided b
though the words "historic rights and legal title" in the 1973 Con The executive Power is vested I l l the
stitution were deleted, the Philippines is not prevented to pursue pines. There shall also president of the Philip
be an elected Vice-P
its claims over Sabah and other territories under International appointed as a member resident who may be
of the Cabinet without
Law son. The President who :.. need of confxrma
elected at large given a
without reelection. No ,
six-year term
The Philippines is not only declared to be a republican State President shall serve for mo
successive terms. re than two
but it is also now referred to as a democratic State. Civilian au
thority is, at all times, supreme over the military and that the The judicial power shall be ves
ted in one Supreme Court and
Armed Forces of the Philippines is the protector of the people and in such lower courts as may be esta
blished by law:
the State" and that "its goal is to secure the sovereignty of the
Judicial power includes the duty of the
State and the integrity of the national ten'it»ory courts of justice to
settle actual controversies involving
rights which are legally de-
Under the 1987 Constitution, the Philippines adopts and pur- mandable and enforceable, and to dete
rmine whether or not there
sues 8 policy of freedom from nuclear weapons in its territory has been a grave abuse of discretion amountin
g to lack or excess of
jurisdiction on the part of any branch instrumentality of the
Non-governmental, community-based or sectoral organizations
Government.
(NGOs) are encouraged by the Constitution to promote the welfare
of the Nation. . The goals of the national economy are a more equitable distri
As to the rights of the accused, any person under button of opportunities income, and wealth, a sustained increase
investiga- in the amount of goods and services produced by the nation for the
tion for the commission of an offense shall have the
right to be benefit of the people; and an expanding productivity as the key to
informed of his right to remain silent and to have
competent and raising the quality of life for all, especially the underprivileged
independent counsel preferably of his own choice.
If' the person
cannot afford the ser~vi4:es of counsel, he must be The ratification of the new Constitution paved the way for the
provided with one.
'These rights cannot be waived except in writin holding of elections for both the Senate and the House of Repro
g and in the pres-
ence Of counsel. sentatives. The elections were held on Iliad 11, 1987
The 1987 Constitution also expressly proh The text of the 1987 Constitution can be found in the Official
ibits torture, force,
violence, threat, intimidation, or any Gazette; in Nolledo The New Constitution of the Philippines;
other means on the accused
which vitiate his free will. Secret dete and in Constitutionalism in the Philippines (1997) by this
ntion places, solitary, incom-
municado, or other similar forms of writer.
detention are likewise prohib-
ited. Pena] and civil sanctions for viol
ations of the aforementioned The Records of the Philippine Constitutional Commis-
rules as well as compensation to
and rehabilitation of victims of sion, 5 volumes, and its three-Volume Journals provide the inter-
torture or similar practices, and
their families may be provided for pretation of the constitutional provisions by its framers
by law.
The secondary sources on the 1987 Constitution ENE
The 1987 Constitution cre
ates a bicameral legisla
Senate as Upper House com
posed of 24 Senators ele
ture, the 1. Padilla, Ambrosio B., The 1987 Constitution of the
and the House of Represen
tatives as the Lower Hous
cted at large Philippines with Comments and Cases, Manila, Philippine
e composed of Graphic Arts, 1987,
o Presidency and the
"'"Id., p. 5,0. 2. Magdangal, Elena B., The Aquin
C'ullstitlltiDl'l, 1993
 LEGAL RI-LSEARCII
STATUTORY LAW

3. Bemas. J.G , The Constitution of the Republic of' in 1982. The index to this in the
the Philippines ACommontnry, 1996: Constitutional Struc- Philippine Treaties Index,
1946-1982 published by the Foreign Service Insti
ture and Powers of Government. Notes find Causes, Pm-t I, tute. This index
1997. Constitutional Rights and Social Do-nmnds. Notes and
divided into 2 parts Bilate
' ral Agreements and Multilateral Agree~
men:-s. The Bilateral Agreements section is arrang
-
Cases. Part II. 1996; The Intent of the 1987 Constitution Writ- ed alphabet
cally by country OI' international agency while the Multila
ers, 1995; Foreign Relations in Constitutional Law, 1995; Agreements section is arranged by subject
teral
4. Hector S De Leon and Logue E.E., 'Textbook un the
New Philippine Constitution, 15199; Philippine Constitutional Treaties and other international agreements are likewise pub
Law: Principles and Cases. 2 vols., 1999: fished in The Lawyers Review, International Law Documents
(1945-19931, 1995 Edition; The UP Law Center has aI8o published,
5. lsagani A. Cruz. Constitutional Law, Central Book Sup- Law o f the Sea, 1996 Edition. It has also published the Philip-
ply, Manila, 2000 pine Yearbook of International Laws, Vols. IX to XV (1983-
obama . Human Rights:An Introduction Course, l989); Documents in Contemporary International Law, 2 vol-
2000 umes, was published in 1976 edited by Dean Merlin B. Magollona.

7. Miriam Defensor-Santiago, Constitutional Law, Text
and Cases, Vol. 1 -- Political Structure and Vol. 2 - Bill of Rights,
2000;
8. R.A. Suarez, Principles, Comments and Cases in Con-
stiiutiunal Law, 2 Volumes, 1999 and 2000.
The UP Law Complex has published the following: Vital
ASEAN Documents, 1967-1984, The Ocean Law and Policy
Series; Philippine Trade and Economic Agreements; and
World Bulletin Vols. I to X.l\"
The secondary materials on treaties and international agree-
ment are:

C. l. Ahad Santos, Vicente, Cases and Materials on Inter-

Treaties and International Agreements
national Law, 1971.
Having the same force of authority as legislative enactments
are the treaties and international agreements which the Philip- 2. Salonga, J.it. Public International Law, 1974.
pines enter into with other states. A treaty has been defined is a 3. Coquia, .].R_ and Santiago. MD.. International Law,
compact made between two Ur more independent nations with a lam-1 Edition.
view to the public welfare. As a member of the family of nations, Cruz, I,A., International Law. 1998 Edition.
4,
the Philippines is a signatory be and has concluded numemun trea-
ties and conventions. 5. Santiago, M.D., International Law, with Philippine
Cases and Materials and Asean Inatmmento. 1999 Edition.
The official text of' treaties entered into between the Philip-
pines and foreign nations in published in the Uffieial (i:1utel.t€+
Another oflirrial source is the puhlicnljon known as 'Frenty Sr.ries
, I). Statutes Enaclcd by the Legislature
released by the Department of' Foreign Afihirs, begin
ning AuguHi» I. Imgislntion In (Len-I;-ral
1947 at irregular intervals. Treaties ell?.ctiripg th:..
Philippinies he-
competent uu-
fore the adoption of' the fionetitution :i ppm..:
lr in Avis of Congress Icgislaslion is: the formal cnnclment of laws by
and 'Treaties P1-r*lmning to the Philippin prnpcr manne r. This is the must impnr tnnt source
e Islands, puhlinhod Lhurity and in the
d some proce-
iN 1920 r WasllingUan. (}l"'U
), al' l:lw in rlmdvrn limes, All nations have establishe
Fhili ppin cs, legis t~tion is
Mal.l:riala for trcealieu and iuU.rn:l1, llura- Igor the urmctmunt of laws. In the t
i¢1:ml :l;,gr¢.lelnrentn wln.rn in" of our laws . The othe rs are cour
Phiiippihel in a signatory are now Ihum mu- ul' the lhreu principal smnrccs
l in UH:
H-erleu published by the 11.11 Law t"ent1.r in 7 Phi lipgninr.. 'hueuljf ilvvininnai Ur jurisprudcn:x~ and cus tom .
veltuuen from 1945
 LEGAL nssrmacn
8TA'I'U1'0l=¢y m#
legislation, as a source of laws, carries with it many a d a n (3) Each legis
tages among which is that it makes the law clear, definite and practicable contig lative district shall emprise, Bl
formaL At the same time laws can be repealed with greater speed uous, compact an far
city with a popu d
and with certainty The most modern form of legislation is codifica lation of at least tw adjacent territory. Each
or each province, sh o hundred fifty thou
son. Codification is the systematic and logical compilation of all all have at least sand
representative
the statutes on a certain subject of law. (4) Within three
years following the
census, the Congress return of every
Being a primarily civil law jurisdiction, the primary source of shall make a reapport
districts based ionment of
law in the Philippines is legislation. The legislature in the Philip
e v i t a the standards provided
l s i g e l
this section
pines is known as the Congress which has a lower house the
House of Representative and an upper house, i.e., the Senate b. Types of Legislation
Statute Law" freque
a. Constitutional Provisions ntly used a 5Ey¥l0I1ym or equivalent for
legislation. In this book howeve
r, we are using the term legisla
The 1987 Constitution under Art. VI (The Legislative Depart,- in a broad sense enough to incl tion
ude not only laws passed by Con
ment) provides grass but also the other types of
general legal rules that are pre-
scribed in administrative regulations, loca
l government ordinances
"Section 1. The legislative power shall be vested in the and the like
Congress of the Philippines which shall insist of a Senate
and a House of Representatives, except to the extent reserved Even the Constitution is "legislation" in
the broad sense al
to the people by the provision on initiative and referendum though of higher political and legal obligation
than "oz.dinad' leg
islation because the constitution boo, is a rule-prescri
"Sec. 2. The Senate shall be composed of twenty-four bing instru
m e n , one which expresses in authonltative form the gener
Senators who shall be elected at large by the qualified voters a] rules
or principles that govern the exercise of political power in
of the Philippines, as may be provided by law an or
ganized society and safeguard individual interests from unwar
xxx xxx ranted governmental intrusion
"Sec. 5. (1) The House of Representatives shall
be com Form of Statutes
posed of not more than two hundred and
fifty members, un
less otherwise fixed by law, who shall be elected The 1987 Constitution under Art. VI prescribes the form of
from legisla
five districts apportioned among the provinces, Philippine Statutes to wit: "Sec. 26. (1) Every bill passed by the
cities. and the
Metropolitan Manila Area in accordan Congress shall embrace one subject which shall be expressed in the
ce with the number of
their respective inhabitants, and on the title thereof." Upon becoming a law, they are called Republic Acts
basis of a uniform
and progressive ratio, and those who, and are consecutively numbered
as provided by law
shall be elected through a party-list
system of registered n
, regional, and sectoral parties or
l a n o i t a d. The Enactment of Statutes
organizations
(2) The party-list representat The 1987 Constitution under Art. VI provides
ives shall constitute twenty
percent of the total number of
repres entatives including those
under the party-list. For thre
e consecutive terms after the
Sec. 26. x x x (2) No bill passed by either House shall
ratification of" this Constitut
ion, one-hallloi` the seats become law unless it has passed three readings 011 separate
to party-list representatives
shall be filled
allocated days, and printed copies thereof in its final form have been
by selection or election from provid
the labor, peasant, urb
ed by law distributed to its Members three days before its passage, EI
indigenous cultural commu
nities, women, youth, and such
an poor cept when the President certifies to the necessity of fits imme-
tors as may be provided by law, except sec diate enactment to meet s public calamity or emergency. Up-on
the religious sector the last reading of a bill, no amendment thezeto shall be aLl
 LEGAL RESEARCH STATUTORY LAW

ll be taken immediately there- ambiguity entirely and be

lowed, and the vote thereon sha applied literally all situations. The
the Journal emphasis upon common
alter. and the yeas and nays entered in meaning of words as the principal or ex-
elusive basis for interpretation. and in part
50; 27. (II Every bill passed b:-' the Congr
ess shall, be icular upon the plain
meaning rule, has largely given way
, be presen ted to the Presid ent. If he to a search for the "intention
tone it becomes s law rwis e, he shall veto it of the legislature
sha ll sign it; othe
8ppn}\"Es the same. he
with his obje ctio ns to the House where it Legislative "intention" may be understood either in
and return the same its the .,,,
shall enter the object ions at large in cific sense of the understanding of the legislators themselves as to
originated. which
such reconsid
Journal and proceed to reconsider it. It, after the meaning of the statutory language or in the genera] sense of
elation. two-thi nds of all the Memb ers of such House shall the purpose that the legislature sought to achieve by enactment of
agree to pass the bill. it shall be sent. togeth er with the objec the statute. In the Erst sense it is often elusive. The number of
be recon
sons, to the other House by which it shall likewise
sidered, and if appro ved be _two-th irds of all the "emb
.L

the
ers of
votes
legislators is large, and virtually all legislatures are divided into
two houses which function separately; the average legislator can
that House, it shall become a law. In all such cases have only a minimal knowledge of the fine points of a bill, which
of each House shall be determined by yeas or nays, and the are not usually discussed on the floor. and the problem before the
names of the Members voting for or against shall be entered court may have been unforeseen and even unforeseeable at the
of
in its Journal. The President. shall communicate his veto time of enactment. Yet in spite of these difficulties, the legislative
any bill to the House where it originated within thirty days history not infrequently discloses that at least some responsible
a
after the date of receipt thereof". otherwise. it shall become legislators considered the point before the court and had a specific
law as if he had signed it intention as to the language in question
(21 The President shall have the power to veto any par Even where this is the case, use of extrinsic aids to show
ticular item or items in an appropriation, revenue. or tariff legislative intention has been opposed for practical reasons by crit
bill. but the veto shall not affect the item or items to which he ics who maintain that, "Aside from a few offices in the larger cities
does not object the materials of legislative history are not available to the lawyer
who can afford neither the cost of acquisition, the cost of housing
The Construction of Statutes or the cost. of repeatedly examining the whole congressional his
tory
On the surface, the simplest approach to interpretation is to aids to
look to the common moaning of the words used by the legislature Nevertheless. courts have frequently used extrinsic
establish legislative intention as a guide to statu tory inter prets
This approach is sometimes implemented by a durable doctrine on how reliab le they
ii n. The weight given to these aids depe nds
known as the "plain meaning rule." Its classical formulation is that legis latur e as whol e
the
where the statute is "clear, plain, and unambiguous" on its face, SO seem as indications of an intention of s of
mittee system, the view
that taken by itself it is fairly susceptible to only one construction Because of the importance of the com
e justification, be
that construction must be given w it and am' inquiry into the _ the members of a single committee may, with som
The repo rt of a committee
purposes, background, or legislative history of the statute is fore taken as those of the entire legislature.
statement on the floor of the
closed that has considered the hill or a of
t committee who is in charge
legislature by the member of tha nges in successive dra fts
The rigors of this rule have been related by permitting the bill may be particularly persuasive; cha
d ame ndm ents may also be consid
of the bill and action on propose
exception where the result would be "cruel." "monstrous or ab
legislators mode during
floor
surd' somehlmes merely "impractical unjust," or unreasonable
With B. growing understanding of" the difficulties that attend the
ered: but statements of individual
debate rarely show a common
understanding and are lik ely to
_
be

USB of language w express legal rules, there has come a realization the views of only one person
that no statute can be
SO clearly and accurately drawn as to avoid
 LEGAL RES in:
11:

.
tory of the statute is not available on found, Nevertheless max
. . . ima cannot be dzsreg rded d
When the legislative his .
te any spec [ic legislative intention as to
in' available, does not indica tum instead to the legislative purpose
?§1'11cuklarfly dlgnlicant In the interpretation of state
e BC 0 a equate TECO - . waS'_ be
the language the court may tjve intention rd. makes lt More dlfEcuIt tO show leglsla
The technique of purpose interpre
tation was applied in English
ago and the classical statement of the
courts some four centuries
process involves thes e step s examination of the law before enact 2. History of Philippine Legislation
of the mischief or defect" for
meet of the statute ascertainment Pre-Spanish Period
of the legislative remedy
which the law did not provide analysis
dy; and Applica
determination of the reason or purpose of the reme During the pre-Spanish period, when a chieftain of a loarangay
hief, and advance the
dion of the statute so as to "suppress the misc wanted a law enacted to prevent, say. the commission of serious or
remedli minor crimes. he called in the elders of the community and told

..-I,.,., . interpretation does not,

therefore, require the use of
in the construction of
them what he had in mind. The leaders approved his plan, for it
was meant to protect society from the incursions of the had ele-
legislative history and
statutes where record s
is
of
freque
legisla
helpfu l
ntly
tive
statem ent
_
used
histor
of
y are inadequate. The
the purpose of enact-
ments. The chieftain then made the necessary regulations or rules
which the elders immediately approved
court may even
ment set forth
Find
in the
a
preamb le or purpos e clause of the statute I A public announcer, called umnlahokan, was summoned and
itselti However, purpose interpretation is not limited to situations ordered to go around the barangay to announce the promulgation
where there is no relevant legislative history and it is no less of the new rules and regulations. "With a bell in one hand. the
effective if the purpose of the enactment is derived from one of the I umafahokan called the attention of the subjects by ringing the be]
extrinsic aids already mentioned, or, for example, from a presiden- furiously The people gathered around him and heard from him the
rial message describing the need for legislation. provisions of the new law. Anybody violating the law was promptly
arrested and brought before the chieftain to be judged according to
Regardless of which approach to statutory interpretation a the merits of the case."
court may adopt.. it may embellish its opinion with one or more of'
the innumerable timehonored maxims of statutory construction. Only two laws, both originating from Pansy Island, have been
the
Many of these are based on assumptions as to how words are historically identified: the Maragtas Code, promulgated during
and the Code of Kalan tiao, a pena l
eonnnnmnly used. Thus, there is the maxim errpressio unius es! ercfusia first half of the l3th century,
14th centu ry. Altho ugh there have
aherius - the expression of one thing excludes another; the maxim code issued during the early
with the conclusion
naacitur a nociis -the meaning of a word may be determined by been scholarly researches that have come out
nue to believe in the
reference to the words associated with it; the ejusdem generfs rule that both Codes are hoaxes, others still conti
- where general wands follow 81] enumeration they are to be read existence of said Codes."'
was published in the
as limited to things of the same general kinds as those specifically The first version of the Maragtas Code
mentioned; and the rule that statutes in part malaria, that is, on [lunge-Bisayan language, with an Eng lish trans lation made much
the 531116 subject are to be ensnstrued consistently with each other, later in Carreon's Maragi-Bs l 1943). An authoritatii-'e Spanish trans
Others reflect what are assumed to be broad policies of the lotion appears in Cuing, El Codigo de M8wgi8sf noted of m the
the
pa first Spanish ten
newspapers El Debate (1938). The
w. A=D°'1D§ these BIB the that statutes, other than roce- , Las Antiguas Leyendas
Kalantiao Code is contained in Paton
!'"=3rIm¢'.

de la Isle de Negros published

Isa' :. while the are English
"""""3'"""'°b@s11'i¢=1>'~=oestrued m o lor 0 f the accused. PA
authotlt}' of maxim; 15 weakened by thee '-'in' number,
I"°0"51S*£D¢J'- There is a maxim for al-
M°'¢5'!°"r.YP0TP0!'E8Ddf0rNea:]y
every lnarlm, an opposite can be 1==Rnafig=.e¢. OP- an 121. P- up
 LEGAL RESEARCH
n in his Social Struc
tnanalation of the Code was made by Robertso
amo ng Earl y Phil ippine Peoples
turn of and Idea of Law
The Pacific Ocean in Histo ry 11917 1
Legislation during the pre~Spanish Period, are also described
ic
Romualdez, A Rough Survey of the Pre-Histor Legisla
son of the Philippines (Phil. L.J., 1914), Malcolm, The Pre
Spanish Government of the Philippines (Phil. Review, 1916)
Cuyugan, Origin and Development of Philippine Jurispru
deuce (Phil- L.J., 1917); and Blair and Robertson, The Philip
pine Islands
IJ. Spanish Period
Spanish legislation regarded the indigenous population of the
empire as legal minors whose rights and obligations merited pa
ternalistic protection from the Crown and its agents. For adminis
trative purposes, the natives were treated as a separate common
wealth, la repubffca de Los Lrrdfos, with its own code of laws and its
own set of magistrates. The segregation of the Indians from the
Spanish and mestizo communities gave the Indian commonwealth
a kind of ethnic-territorial reality
Then: were two kinds of laws which were enforced by Spain in
the Philippines during its colonial rule. The first consists of lows of
Spain governing Spanish citizens which were extended to the Fhil
ippines by means of royal decrees; and the second comp:-iees a body
of laws spec iically enacted in Spain to specially govern the Colo
(1) Spanish Laws Made Applicable to the Philippines
Spain made applicable to the Philippines her own laws. To
understand the legal system introduced by the Spaniards in the
Philippines, we must first know the system of laws in Spain
and
their antecedents
al The System of Laws in Spain and Its Anteceden
ts
The first major settlers of Spain were the Ib.cri
ans, who Intel*
married the Celts who came 12 centuries
before Christ, producing
a mixed race called Celtiberians
*Moreno up Dr., p. 29
sTA'm'roHv LFLW
The rise of the Phoenician city or Carthage in North
Africa
brought the Iberian peninsula under Carthaginian inilu
not domination. Carthage later fought with another errsnedané
called Rome in the so-called Pumc Wars. In 210 B.C the Brent
38;
Roman General, Publius Cornelius Scipio, captured the city of
Cartagena, pushed the Carthaginians across the sea back be North
Africa, and earned for himself the name Scipio Afrit-anus. Carthage
itself was et last destroyed, and Spain passed on to Roman sober
eighty.
For the next six and a half centuries, Spain was a Roman
tem'tol'}f and indeed one of the moat important Roman colonies. 'lb
Roman Spain came the Vandals, the Alans. and the Suevians, occu
pying Gacilia and the southern regions, leaving however the greater
part of the land under Roman sway. But in the fifth century the
trickle became a flood, pushed forward by pressure from a new and
terrible presence in the North, the Huns, thundering from across
the barren wastes of central Asia, to pillage, conquer and destroy
Not even the tall. robust Nordic warriors were a match to these
fierce barbarians
The East Goths were overhelmed and brought under subjec
son; the West Goths (Visigoths) fled southward across the Danube
and at Adrianople, their cavalry crushed the Roman infantry je
lions. These Visigoths under Alaric pursued their erratic course
through northern Italy, the Po Valley, down the Italian boot to sack
and plunder Rome itself in 410 A.D., then up again to southern
France und Spain to settle there, confining the Suevians to the
west and northwest, displacing the Vandals who crossed over to
Northern Africa
Thus, did Spain become a Visigothic Kingdom, In 416 A.D
then in Tou
the Visigoths established their capital in Barcelona,
louse, France: and eventually, in Toledo
of Alaric
1) The Code of Euric and the Brevarium
laws
. The Visigoths reduced to written form the customaryEurir ri
prod uced the Code x
which they had brought with them and
after the emperor Euric (467-485)
""B-nlnne, The Spanish .anrecedrfriv of the Philippi-m Civi! Code, Qunocn City
U.H L-uw Gunter. 1979. P- 2
""fd., P- 3
 S'rATL1rp0

This Code of Euric, though promulgated by the conquering

It dealt amen
sovereign, was not intended to be a genera] law for all the inhabit .
mage, dnvorce, succes
h th . .
Bsi0on El' t*""8B. with judicial Pl*0¢Ed\.\re
ants of Visigothic Spain; rather, it was meant to apply only to the , m at
conquerors. It was, in other words, personal, rather than ten-its
1 ns debla and
t`o | . ters
Pledges, Crimin pe
al of ilertaining to the Church. dana t

elgn merchants, .Iudu:1a . uses, slaves, Phjrslcuang to

.. ¢

rial, law. The subjugated Romanized inhabitants remained outside l conduct in the adm'mist.ratio
heretics, Jews, etc. ' I
n of just
its pale, these subject people being governed, with a good deal of ice
confusion, by whatever remaining traces of Roman law still In 711 A.D., the Mo
rained among them -
until Euric's son, Alaric II, decided to do
ore under Tarik conq
the Visigothic 1-Ling fell S . uered Spain. Roderic
something about it O .ega. d . .
cahphabe of DmZLZm go; mggge
p
A be
aalgd
|
at
.
under the
Ildependent
,

Alaric II formed a commission of Visigothic scholars with the

mission of' formulating a body of laws for the conquered subjects on In 718 A.D. started the piece-meal reconques
the basis of known Roman law the Moors in Astur ias. Later, the Moors wit t of Spain from
Leon. In the 800's, the Ba hdrew from Galicia and
This compilation, which was otherwise known as the
Brevarium of Alaric, and the result of the labor and study of the
pendent kingdom. In the 9{J0
sques of Navarre establish
ed an inde-
'8, the kingdom of Castillo aro
se."
I
commission, is a compilation of Gothic and Hispano~Roman law In 1085, Toledo was liberated
and soon amer, Valencia w__
which had not become outmoded captured. In 1164, Aragon and
Cataluna were united as a sing
kingdom called the Kingdom ol"A1.ag le
After the code was approved and promulgated by Alaric II, it on. In 1230, Castillo and lean
were united into one kingdom, calle
remained in force officially for more than one hundred and fifty d the Kingdom of Castillo.
years, during which time the original text was expanded by the 3) Fuero Real
addition of certain fragments from Ulpianus and Modcstinus-
In 1254-1255 came the first of the Codes of Alfon
so X, th
King of Castillo: the Fuero Real. One motive which impell
2) Fuero Juzgo ed him to
take this action was the desire to unify the laws in force in order to
It will be recalled that in the course al' the Germanic invasion meet the advancing unity of' the provinces which were bein
of southern and western Europe in the fifth century, Spain was reconquered one after another from Moslem domination (which
overrun by the Visigoths. The invaders brought. with thorn their started in 711 AD.)
own law, known as the few Visigothorurn more specifically the The Fuero Real consisted of four books divided into seventy .
Code of Euric, to govern the conquering Visigoths. The Brevarium two titles containing five hundred fillty-five laws. It treated public
ollAlarie, on the other hand, governed the conquered subjects. One law from both the spiritual and secular points of view. It also estab-
thing now was left to be done -
the harmonious resolution of the lished rules for the regulation of domestic relations, property rights
unwieldy system of Iegrlsfacion doble wills, descent, administration, etc. There were some provisions re
quiring general observance of the precepts of the established rel
About 650 A.D., the law of the two peoples were amalgamated goon which emphasized the role of the Church in the process to
in a single compilation, which came to be known as Fuego Judo.

_
national unification
("Fuero" being the Castillian term for a general code of laws). It
was for all Spain, binding both the conquering Germans
and the 4) Las Siete Paurtidas
vanquished Hispano-Romans-"
. The last and most celebrated of Alfonso X's codes was the
as
Srete Partidas. A renewed compilation of Alfonso X, recognized
**"Rodriguez, The History of the Judicial System of Use Philippines {Sparr
l
Period, 1665-IS98), Manila, Rex Book i$fT
Store, p. 8.
'"Francisco, Legal Hislorjg Manila, East
Publishing, 1951. D. 449. '"Re+driguez. op. cit. (31, p. 10
 118 LEGAL RESICARCH
RY LAw
119
Partidas were taken
the Justinian of Spanish jurisprudence, Sivte The Sixth Partida, un
der nineteen title
al in the law of
largely from the Roman laws. and were fundament ject of civil legislation
, the first fifteen tre s, continued the
sub-
pain and her colonies. cils, of heirs, successions, ating of testamen
executors, intestat ts . en di-
the last four, of minors, or es and partitions, an
According to the generally accepted view, the work of compil- phans, tutorship, cu
rators, etc.
d
ing the Partidas was begun in 1265. However. it did not. receive The Seventh Partida
treated of penal legisl
otiicial sanction after its completion. This was promulgated only in four titles, with a terminatio ation under thirty-
I n explaining the mean
1348 during the reign ofAlfonso XI. words and rules. While ing of certain
I defective in some particula
is con sidered as the most advanc rs, this Partida
It was divided into seven parts, each commencing with one of
the letters of the author's name, Alfonso, and had one hundred and
: nal laws."
ed legislation of the times on
crimi-
eighty-two titles comprising two thousand four hundred and sev- On October 19. 1469, Ferdinand ollA
Castillo, making possible the pol ragon manned Isabela of
enty-nine laws. itical unification of Spain after
The First Portida embraces twenty-four titles, and treated in long war of reconquest against the Moors.
the first two, were the natural law and the laws of usages and In 1482, Ferdinand and Isabela l
defeated the Moors and
customs, and in the remaining twenty-two, the Holy Catholic faith, reconquered Granada, the last remnant of Moo
rish rule. The van-
religious doctrines and canonical laws.l*" quished Moorish chief Boabdil glanced at Gran
ada for the last
time, his eyes brimming with tears. His wife
The Second Partfdo comprised thirty-one titles an public law, Aixa scorned him
'Weep like a woman for what you could not defen
the first eleven of which treated of the prerogatives of the crown, d like
reconquest had been completed.
duties of the monarch to his family, officers and subjects, and reli-
gious observances; the next nine, of the duties of the people to-
wards the sovereign; and the remaining titles, of military captives 5) Lewes de Toro
and ransoms, public education, professors, organization of studies,
etc. The lawyers who were members of Cortes which met at Tbledo
in 1502 had requested the King to order a systematic oodilication
The Third Partida treated, under thirty-two titles, first of of all the laws in force. The work was done by a Commission com
justice and the benefits of its wise administration; the next twenty- posed of Galindez de Carvajal, Juan Lopez de Rubios, and the
seven treated of the judicial organization and rules of possession bishops of Cuenca, Zapata, Mojica, Tello, and Santiago
and servitudes. Nearly all its provisions were Roman Law.
The Code had eighty-three different laws placed one after
The Fourth Partida was divided into twenty-seven titles and another. lt treats of the sources of law, inheritance, succession
was dedicated to civil law, principally on family relations, while the marriage, criminal law, civil procedure, criminal procedure, per
last seven considered feudalism, relations between lord and vassal, sons and family relations, etc. Unlike the previous compilations
and a dissertation on friendship which had little logical sequence the Lewes de Toro had full binding authority and remained in force
with that which preceded it until the appearance of the modern codes. When the Nuevo
Recopifcrc-ion and the Novisirna Recopilocion were promulgated later
The Fifth Partida comprised fifteen titles taken from the Ro- on, all the provisions of the Lewes de 7bro were included
man civil law on the subjects of obligations and contracts, includ-
mg loans, deposits, cornmodatum, sales, partnerships, mortgages
and pledges.

.
"""ld., p. 451.
'°'Pascual, Introduction to :he Study of Law, hiamlfu G. Rangeland
'*Pr=lm'ei.m in aN - AND 1951. PP. 124-125.
 IJIHAI. lU'lHI'1AllI'II
laTATl1T¢J1W LA
W
II!
61 Nmwa lh»l1¢»lallnvlun
all thu lnwu on trim in
Hllllill ulsrnrlun
Thu l\l~gilll1il\g of lhls nlxlmmtll l'11nll1l'.V 11ulwl'ull In Ilia lmrj1,.ll lluNlurm In IHIJI. an vmlu u civil. pn l u r i prucml
cnunlnln hm al' Usu u:11nn urul
of lwmiunanswu mul 4»ll&II'w\t r01m11u1 #*\l*III"'5"l" It Who nwyurul 3'"NI'» wuun|11un11h.,| 'l'lw wo 1nl~n1 }urilu'ulluu ltl
11111m18h I l l : rk woo Invl.¢ul1 hrl
¢\1'II11' Ilw l1mI1\\11gntlnI1 of tlw l.1'wH :iv 7hJ"u llml lhu lrlmn nI'¢'m1ll»il lnlnuWn.ntlu l'alnl lln nlnniloly and l'ullllllll
le4l "II
lug lhv Vllri¢11i lnwu tll\1l vnliuplliullnulrl Mul ul11'ul.ln!hu{ al lllu rmlnu u1°y 1ll~l'r11'1» null lh
u rmluI wuru lhn
nlwcl
lima# Ill pmvlniniun wluivln h u f f l`11Ih~11 lllh» N'¢l.rlll1'hllf4' hml lnknn 11uh1 I. ('lll llgl ll du £'1ll11l
»rl.lI: of IHH5
o f lhn h1*;¢\I mlltlln al' Hun l~un11lI'.'»
l'lw lirol ul' llinia wma ¢"
.nfhgu do f rnrnw
l'lu\ [Uni ask' Hwnu vnulnn wun \'n111|1M1*4| 111 lull" .r'\lll\l Iunlwul IH lH.l1I. 'l'INn rn41u rlcr wlNrh wun lm
wmi l114»4l1»ll~l1 Mlle h.
I\1I'tll¢\r wvlnlnau. I'l\llll» II, who lmnl 111 I l l 11wf1lul 111w nlnrrm 1'll1l111II'1'1'1' al'
lHll'r mi ll Ull Ula# 1lul'r¢ntll l u l"rlrl1¢:l\ {'lid ul'
{'luu'Iu-n V. nn1u~llun114I llw w\l\1IIIInth»11 in lhli'J'. l'l1\l\1» II, nnuilm No wlnrlt wmt l'uVlnI-4l nu ofl hu ( ' m l f l III' llillmu of
nuvl°l'l\l ul'4'llnhll\1 um 17117
gull and \ll'll1~l14 luunwl Hal' law r4~lk»1'l11. s'¢~I1il11innll1l1¢~ll n lmlllrslm' al 17li1! 111141 I n v lnnl. c m ' m l'HH), Itlunllhnr in
lain l'ulIIII~ll. mmnvml llnl"InIul1u~ 1.01u11 nu
rlunwin, m l , \l1ml1 Ildu ¢'u1 'l4° n Wlllrl
II\ lasH'!, In lHI11,
l no! al. Vmilat. In 1H2'I.
II Wma ll1ll¢r11ulIlu4l by lim
al wmu rffvlnml nm! lnwlllll
mnn'n ilvtlllu. uunilluu .lul'lr\l, llnl'll»Imlw A l lavlwau, 11» n1ulu1~lnl1.l~ thin 1»l'¢lylnl411l1ll vmlu H1 l'llIlllllI\l'l'v ul' Hlm l' lhu
lll It r¢~1tmlm~1l in pruvhulmiu
dillhwlll Innis. He 11 Muuvlx l!l~li'a'. lhv l'¢-mlllnlal rumllllul lull Will 0lI"I"N1!''l1 'W' lu»n1'ly iwn vunrn 1anl1 ll
1 IHJII, wlw ll lm (.'u4il;;u re'
1m\nu1l84l4-1l lu' His f!slqwnl\~ n1u1n1' llw |1ih- "Nurlwl h'l-.~¢»pl!¢l¢'l¢»n in l'¢»:1/l~:'1'l:), it. lolly link
ullku.1 'l'h¢» ('lull,l,fr.\ do !'0;r
wluvll vm lw 11\141 Iillw in l¢~rvln of IHHH,
lux I.¢J1vx Ja' l\'s.lIIlml. Thin llvmx' wnlv muuglut he llll'ul'lml'nl¢~ m l Hpuin 1111 Jmllulry I, IMHIF
IMIIH l'nlIv. 'I'lm4 l'1»4l1~ wma l rulrlm'llll thu
ulnifl' Thu lliw1*nc~ ntruznln ii°lln~ l"l1¢~l"u Ilunl, ll14~ I'mlulml, lhs' llnh 1 l l ¢ ~ l l : l l ~ l l In jin.
4l1~1-r(-l» in Alngnnl 45.
l'llH ll»l» lrwn by ruynl
l\I\11s'v of Mnntnlvn, the l.11wr\ Ni 'lhnl, mul I ll l»llu~l' lllwn, 11 ohm IHHH 111141 hmk vIII~1'1 ll141l'ui11
in l}¢_'£!:1l1IJUI' I.
1~m\l:1ll1¢~ll I`n.\'l1l ¢l1w'1'11¢\rl mul ll~l;iulntwll 4~11nrl1Iu~11lr\ 1111 hr l h v limo IHHI-I,
of lln lln~pr\l'nlim\ II won l'1»ll1}14\n1'{l al' :now lnunkn, w l f h L'l-1 1l!l¢~n
mul '¢.:1nI laws. II he llw lillll l14lul\ wlm'l\ ¢la'nln wlllu vuvil law '*"' 2. ('mHlgn l'1~lml of IH70
'I'lw {'1'1I1 ll1ll1l haw al' HIM II\ wma firnl l'1 rfliIi1~4l in IM!! mul 4'0u.
7) Nuvinlmn la*vnl»iluvloll lmmlzl m Il»l':'l~ \111111 II wma H'llllll°l* fl lay lhv ('aaalaa a»f` IH.IH. IL
l'aal\11l
What ;aaalla~rlaa-al aalla~r Ilav l"ra°lal'la l'a~aaaal l'aaala~
of I!.Ili). |.aarlMy can Ivan
'l'hw:11\dr\ the ml ul'lllv IH1h l'vl1l111'.1.' I l'l"lHl, l'llnI'l¢~u IV, wlnl\~ a~fl'a»l'taaul' l'aa1'h1~('1\, thin l'aaIla~ wans aaaapvrna=ala,al lay tlaa' l'a,11111 ('as¢la~ ul'
ill.; nmluvlllllly; In lw miullv nlnuni l l w l1~l;:11 :a¢I 11I1l1\»I1. l.'ll1llllllHH1lllll!(* INGH wlaavh wan alaa~a'a~l.y as 1'a~viv.aa,al VI~raaiam aal llw prawiual
aa aanaen. It
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lh°rul1ilr11°lnl1. 'l'ha~ \\.'ul'ls worn u11l»1111ll¢~4i 10 ill' l\'ill;; 111 IHl1L'. m l un 'l'l\iaa a~a»ala~ wan laata-r lll\la'Ilala*rl In IH7li, 'I'laiaa l'a.laaal l'aaala~ wall up.
l/i Jilly Iron, i t wma ln'uI1111l;4rll¢~¢{ 11n4lvl' I n ' iillv "¢"!'v'4u'l:4lrmr la~rlala~al Ian iha- I'l|al1p|»i|aa°ra by raayaal lla°a'ra*¢~ in IHHT.
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l4r1nu~ lilian un Igor vnssrairaiing of 12 l1¢mk:i with :I,in luilvx m l
N\llwll, II. '|'|u- ('|»||c'n lf ('ivll and VrlmhInl l'rovl-mlurv
4.11211 lnwu. 'l`hv civil Iuw lurl'liml in fin mil in Ilnnh X. wllh 2.1 tl.
"l"H..M1 l'llv ('n1l1~ of l'Ivil l'I°0c'v-ll\l11~ ul' ()vl4rh1~I' 5, IHIIH wma llmdl'
1~Illr1'l 1vv an llw l'l11lil)Inillw1 in IHB5, while lhu l'u:ilr it ('rimilml
lt! l'1'1wI~¢h1I'v l»llH4~pll~:1\lw1' 14, IHH2 wma mmlv 11l»plicnhh~ in llw Phil-
Mlllll~l.1\ Hlllmir4ll ('n<l:~H
IIrp|I1w4 in IHH7.
In I R I I . the {'n1'h* H I\aal~:11l1II.:I al! ( ' l i z nm!
11:1081.II an I'vHu|u-
limi l1rnvi(Ii11I4 Igor llw nlf.ps hr lu. uh~ -1. {'mlil.{u ('i\'II of IHHU
rl:lk vll iii [llc cuLllliculiull 4_1f
Un H Mm' lH5l, llw ('mlllnission nulnnillvtl II mlrnll. urn {`ivi1
Vuch-, IIivi1lvd into llr¢~limiImr.\' litlv and .I hunks, cmltninilug II tutu
"Ilhuirll¢\n~r, up. ere. all, pp. HI-1
7. of 1,*1'l2 lqrlivluw. 'l`Iu~ lit'l4l hunk wma on Pvr:uI1\n, aha' second, on
l'llnllv1'l..y m l lhylu~rsllip. and the Lllird, un llw Mndvn of Acquiring
""'.M.. pp. I7»lH
 Ownership (contracts were given as one of such modes). Disaatis
faction with this draft. as well as deep-seated opposition from the a) Legislation fo
r the Colonie
regions, again caused the project to be pigeonholed The legislatio s
n of the Indies
embr
On 2 February 1880, another royal decree called for codifica CfeeSr provisions
sentence re I ' aced the royal cedulas, de~
ion, and this time the composition of the Code Commission was refening to public privats, e al . ac
homjézdnici ts and letters
t
trans-regional, with members representing Cataluna, Aragon son and promulgation
Galicia. Navarre. and the other legions. In 1881, a Proyecto de the king, the council ofmany agencies and institu ' tio atns
In its
interslab
ve-ora
the Indies the ned
ministry of the In
Bases an out.line of bases for fundamental points was submit
Ted to the Senate, and in 1881, the draft of the first two books on _ 1,rj(.~.gl'(}YS, aud
without mentioni
zenczas municipal councils

concordats and internatio

ng those that de
rived
consulates intenden
their authority fro
dies, the
cies-

presented a proposed Ley de Bases _

persons and on property. Three years later, the Minister of Justice
fundamental points on which
the Civil Code was to be based, totaling 27 in number _
nal councils
The laws for the governmen
t of the colonies were
m

to the Spain and were transmitte enacted in

Cortes, which however, due to irresolution and its dissolution, d the form of royal cedulas
failed emanating from superior (orders
to decree it into law. But on 11 May 1888, it became law tribunals, the name and by the au
by royal ity of the king); ordenomien thor-
fiat. The draft of the Code having been completed by tos, pmgmaticas (orders
the Code the king, difTcnlng from emanating from
Commission, a royal decree of 6 October 1888 ordained the cedulos only in form an
publica- promulgation); regfczmento d the mode of
tion thereof. On 11 February 1889, it was decreed that s (wnltten instructions by
the new authority, no special form competent
Code would take effect that the new Code would take being observed) resoluefo
effect on 1 superior authorities on ma nes (opinions of
May of that year, but it was actually on 24 July tters referred for decisions
1889 that the to inferior authorities); autos instructions
definitive text of the Code was promulgated. acordados (judicial sentences
Spain had a Civil decretos (important resolution or
Code. ; ) s n o i s i c
s of the king printed and pub-
e d
lished, usually comprising law
This code was based primarily on the Code Napo s of a general character) pnouzs
leon, although (the dispatches issued by the aud zones
the defects of the latter were remedied and zlencias in the name of the King
some of its provisions with full royal authority); carte abie
improved. The code was also based on the rfa (open letter equivalent to a
provisions of prior com- modern circular, granting some priv
pilutions. ileges or petitions to someone
although directed to all without distinctio
n)
The Civil Code, with the exception of The legislation of the Indies originated, there
the portion relating to
marriage, was extended to the Philippi fore in a great
nes by royal decree iii 1889. diversity of agencies, a fact that perhaps accounts
for its profusion
as well as its acted for the Indies was public
law especially p.oliti
(2) Laws Specially Enacted for the cal, administrative and penal. In matters of private law,
Colonies the Span
ish legislation proper was used as a supplementa
While in general, the law oflSpain app ry SOHFOG, although
lied also in the colonies. in general, the private law of the Indies is based
the statutes of the latter and
the conditions existing there Spain.
. the laws of
necessary adoptions, modifi made
cations and supplementary
Special colonial regulations legislation.
were dexdsed to meet the requirements b) First Collection of Laws Relating to the Colonies
of the colonies without too
great a deviation from the law
governed the mother that The first collection of laws relating to the government of the
country. i's
colonies was published at Scala in 1543. It contained the decrees
of Charles V. The earliest compilation of laws relating solely to the
Indies that was printed was that of the ordenanzas for the govern
*Balance. op. cir.. p.
""'Vanc°e. The Back
40. men of the audience de Mexico. It is said to have been printed in
Catholic University ground o.fl HisPG nic.Am Mexico in 1545, and to have obtained the royal sanction in 1548. In
of Ameri¢:n, 1937, pp ericara Low, Washington. l`J.C
. 128-129. .2 The
1552, a similar collection of laws was made by order of Antonio de
 124 l.F'llAL Rl-'SI~lARllH

WrUT()l{y LAW
Mendoza. virvmy of Porn. for the lgnvwninviil of llw nu¢trlvrr¢~in Ni,
Ill 1606, H
Lima. It is um'f'rt:\in \\.'hvl.ll1*r this was owl' printvcl, A r:'dm'a of' the [ndioH, b ernando llagornez
egun Lo c me
Svplell'llwr 4. 1560 Lin its pnwisiuus, it was mol*vly an rcpl'inliu~tiim India, but the work ompile cedulaa and o mber of the Council of
w a s le ther lawn re
f the Audienc ft unfinished the Meant'
of the* one of 15521, u1'dr.'l'vd Luis do \'0lns¢.'0, vivvrny of New Spain, H judge o lating to th
to have printed at cmupilnlinn of llw ducuuwnts in lbrcv within the e of Luna, n 1
e
H110 301
1

of Philip II (1610). mad r | 4

jurisdiction of the u¢m'iwn~ia of i\Iv:~;icu. The tusk us cnt.ru:+lud Lu r0€eiwd th e volummgngit. wlflh commission
e roynl approva n o Cédulag wh.
Vasco do Pugh. 11 judge of the n"¢l'i4.*m'iG tOrdul' of Thu Viceroys it" l July 3, 1627 ich
March 4. 1563). Ho did it with such c~xp¢*dit.im\ that it. was finished etGeneral Com
in Nova-n\b¢~r and published in the szunv your. IL cnnlziins cvdulas pilation by Ag
uilar y Acuna an
and laws relating to Nom' Spain fwln 1525 to the date of cnmpilu- The work on the ge d Pinelo
neral compila
tion. de Aguilar y Acunn wh tion was continue
o proposed d by Rodrigo
dent of the council. to collaboration with
finish the compila the
cl Compilation of Laws Initiated by the Council Lo harmonize it with th tion and while gl
ossing it
e royal decrees and
the civil law at leas
In 1550, Philip II had ordered general eodifieation, abru- Aguilar divided his t
£ work into eight book
gated laws were to be excluded, conflicting provisions into parts. The first part was ready s an d su bd ivided these
reconciled and published
and the gaps filled by the new provisions. To obtain inform 1628. The order and Sumarios
ation as arrangement oheerve
to the records of the Council of the Indies, Juan and the Reeopiiaciora de d was that of the Pa:-ti
de Orlando com- Castillo Combining the des
pared about two hundred volumes, abstracting until then, a sort of digest method followed
laws, instructions, formed omitting the repeal
decrees, ordinances, and proposed to put this and abstracting those in forc ed
legislative material s n o i s
e
i v o
order to avoid the bulkineae
r p
into seven books. Of this work, the whole of" that the compilation would
the first book was have attained if the document
compiled, yet the first title (relating to the published integrally s
Council of the Indies
and its ordinances) alone was printed in 1598
. This was the begin- After Aguilar died, Antonio de Leo
ning of the Recopilacion of tlze Indies. n Pinelo continued the
pilation alone. According to his own
declaration, he worked for
d) The Codigo Ovandino more than ten years on the preparation
of the compilation, from
1624 to 1634. In 1634. he presented the draft
In his honor, the compilation was calle in a finished and
d the Codigo Oleondino. perfected form, reduced to nine books which contained
It was also otherwise known as more than
the Recopilacion de Las Leg/es de ten thousand laws taken from thirty
Indus. It was promulgated by thousand cedulos and royal
Philip II in al royal decree in 157 ordinances more than two hundred thousand of whic
and sent to the different viceroys 0 h he read II]
and oudiencias to be carried into the original.
effect. Before the death of Orl
ando (1575), Alonso de Zorita On October 20, 1634, the Cornc .1 of th
pared a compilation of the law pre~
held the oflioe of judge in the
s of the Indies in 1574. 2.lo
audiettcfos of Santo Domingo,
rita had work and the next year,
the UIBIIUB c
'pt of I dies h;
approved his
»

Rggopilocfon was
mala and Mexico for twenty Guate- presented to the Council. But this compilation again ' did not an
years. Also, hearing on the
for twenty years. royal cedula swer the purpose fully, and many years had to pass before & more
complete collection could be ma
During the years 1549-15 de
96, it seemed that Dieg
a clerk in the office of the kin o de Encinas.
copies of all provision g's secretary, was instructed
to make ii The Recopilacion de Leyes de low Reynold de India
es, certes, cedulas,
etc ., dis pa tch ed prior to
1596. Diego de Zorrila continued
the work of' Encinas, add The work on a general Recopilacion continued until it was
selection of cedulas of more rec
ent date, but he lef
ing El ready in 1677, and was promulgated by decree of May 18, 1680.A
manuscript and incomplete. t the work in decree of November 1680 ordered it Bo be printed. It went into
the colonies as the Recopilacion de Lewes de Los Reynold de Inahhs
 LEGAL RESEARCH

s»rA1~u-mR.,
This compilation was composed of nine books divided into two
hundred eighteen (218) titles and consisting of 6,377 laws or provi- and that of Miguel
de la Guardia
sions. Among other things, t.he compilation contained provisions on law relating to the Among the o
. I ther publicatio
things the regulatio Tldlea that orAgvero, cont ns
\

public law, ethics, laws for the government of' the colonies concern- ns concernin ain
ing political, military. religious, and fiscal administration. There and those of the tribunmres de c e gn tthe royal trea ing among other
sury in the Indi
were also provisions concerning ecclesiastical law such as pmvi- comments. Even afte as, accompanied w es,
r the Recopilacf it h
sions governing the relation of the church and the state. The colo-
nies were divided into archbishoprics, bishoprics and parishes. Con-
sons cont`n | ued to
be publis . on as '
hed from time ; no te s an
need, Dartz. al collect
me
d

cerning political administration, provisions were included which (3) Evaluation of

the Laws the Philippines
divided the colonies into vice-royalties, o u diencias, provinces of the the Spanish Per During
iod
royal treasury fprouincias de oficiales do Io hacienda real), proving John Bowring his
c a l military governments (odelo nrodos), government districts 1859 had this to book A Visit to th
say on the laws e Philippine
(gobernaciones), high magistracies (alcafdios mayoress, low magis- Spanish era: of the Philippines Islands,
during the
tracies (corregirnientos), simple nlagistracies (afealdios ordina
ries
_v de Nermcmdadl, and municipal districts (consejos). The provisions In the Philippines,
there is a great ma
on ethics dealt with the relation among the natives and or at least unprinte ss of unwritten
the Span d. law emanating fro
bards. pendant sources, oft m different and if de
en contradictory, int
quoted erroneously roduced traditionally,
A provision of the Rec.-opilociorz established the , a far:-ago, which
order of the the "Sieve Partitas," the "Lewes de Indus,"
the "Novisima Recopi£
sources so that questions not fully covered or
subsequent decrees were to be decided in acco
eral laws of Spain. It was not a complete com
not provided for in
rdance with the gen-
Code, the ancient and
proclamation, decrees
all the "toil and troub
the Royal Fuenos
, netiNcatione, orders,
_
acion,' the Roman
to say nothing of
bandos _ produce
pilation for the gov- le" of the witches cauld
ernment of the colonies, but rather an enum the evil genii of discord ron, stirred by
eration of exceptions to and disputation "
the common law of Spain. The method
of the Recopilacion of the
Indies was similar to that of the othe
r compilation oflSpanish laws. (4) Materials on the Spanish
No distinction had been made between Laws
laws and administrative
acts of a temporary nature. The a. Primary Materials
result was a digest of the royal
enactments for the political, militar
y and fiscal administration of The official repositories of Sp
the colonies. anish laws or the several
s published by govcmmental org
n o i t i d e
ans and by private persons
under royal authority. Statute
g) Compilations Subsequent 1' s and royal decrees making the
to the Recopilacion effective the Philippines m
contained in the Bulletin Officia
The Recopilocion de Las Indfas and in the Gaceta de Manila l
is regarded as the basic col . The provisions of the aforemen-
tion of the laws and regula lec- tioned laws have been cited by numerou
tions prior to the year 16 s decisions of the Supreme
period, Belena made a com 80. For a later Court and Court oflAppeals in cases invo
pilation which reproduced lving their application and
tions in extenso. Belena the regula- interpretation
also re-published all the
crees promulgated from ce du ias and de-
1528 to 1677 collected In Wenceslao E. Retina's live-volume work (1895
Montemayor, adding to previously be' -1905) enti-
them those that had ap tled "Archive de Bibliofilo Filipino," his
1680. Belena's work peared from 1677 to short catalog of legal
did not receive offic
usually cited as auth ial sanction, but it w&s Materials included folios of royal decrees and orders, and a few
oritative. Covering codes:
there is also the ch later laws and decrees,
ronological compila
which contains unco tion of A.X. Perez
llect y L0P92"
henslve work of Zamo ed materials; and elaborate and compré- Codigo Penal de Filipinos y Let Provisional sobre la
ra 5' Coronada Gplicacion de Las disposiciones de! rnfsmo por el "Faro Juridfco
, that of Rodriguez
San Pedro, (revista bajo la direction de Jose Maria Perez Rubin, Manila.) l
 128
_ LEGAL RESEARCH

STATLVDOHY LAW

Codigo Conzervio Pam Las Islam Filipinos y demos Archi-

Cnmercio; G
pelago flmpnenta do R. Moreno y R. Rqjns, Madrid.) ay do Montella
Mercantiles, , Tratado Pra
Alvarez de Man ctice de Soci
Codigo Penal, Librorzg qninapafmlumnan r a n g mango Do-echo Mari zn no, Codigo de edades
time, Farina, D Comercio, Dan
pa rusnrrg iuilnlaan so mg casalarmn :rang mango slmdafo r'mm-ig erecho Comer jon
ica! Maritime
Perez Rubin, 11-IaniIta'..)'°"
(5) Legislation in the Phili
ppines During
Period the Spanish
b) Secondary Materials
Under the Spanish
The rich source of secondary materials on Spanish Laws come rule, the legislative
by three entities: (1) powers were shared
from the accepted Spanish commentators, namely: the Governor-Gener
executive decrees, ed al who could promulg
icts or ordinances with ate
1) Civil Law: Royal Audencia which the force of law, (2) the
passed laws in the for
and 13) the Crown of m of autos accordados
Mani-esa. Commentaries al Codigo Civil Espagnol, Castan Spain acting through its
councils
Tobenas. Derecho Civil Espagnol, Com un y Foral; Valverde, Serving as chief legisla
tor was a governor-gen
Tratado de Dereeho Civil Espagnol, Mucius Scaevola, Codi go assisted by two advisory eral who was
bodies where he stood as
Civil, Concordado y Commentado; Sanchez Roman, Estuclios other entity exercising leg President. The
islative powers in the Ph
de Derecho Civil, Navarro Amandi, Custonario del Cod the Royal Audencia which wa ilippines
l o s the Spanish Supreme Court
Civil, De Bren, Derecho Civil Espagnol Com un: Benet.. Derecho Philippines. The governor-g in the
eneral also stood the Pre side
de Far ilia y Sucesiones; De Castro y Bravo, Derecho Civil this body. nt of
de
Espana; Puig Pena, 'Hatado de Derecho Civil Espag
nol, De Many historians observed, howeve
Diego, Curse Elemental de Der-echo Civil Espagnol, r, that the legislative
Commun n during the Spanish period was
o i t c n u f
y Floral; Espier Canovas, Manual de Derecho Civil monopolized by a set of inter
Espagnol, locking bodies, where the Chief
De Diego, Instituciones de Derecho Civil Espag legislator, the governor-general,
nol, lllediIta .v exercising unbounded powers, also stoo
Maraanon, Leyes Civiles de Espana; Colin y Capi d as President and member
tanl, Curse of other bodies which were supposed to advis
Elemental del Derecho Civil, and Planiol y e him. Filipino repro
Rippert, Tratado septation was also largely absent in the
Practico del Derecho Civil. legislative bodies
e) The Period of the Philippine Revolution
2) Criminal Law:
In the closing _rears of the Spanish regime, the revolutionary
Viada, Codigo Penal; Cucllo Cal if, government of Emilio Aguinaldo inaugurated a Congress on
Derecho Penal. Sep-
Groizard, Codigo Penal de 1870, Rodrigu
ez Navarl'o. Doctrina tember 15, 1898 at the Barnsoain Church in Malolos, Bulacnn
Penal', Hidalgo, Codigo Penal; Ripollcs,
Codigo Penal; Prig Pena, This Congress was later on referred Bo as the Malolos Congress
Derecho Penal; Pacheco, Derecho
Penal.
The Malolos Congress, also known as the Assembly of Repre-
sentatives, was the lawmaking body of the First Republic. It was a
3) Commercial Law: unicameral body composed of representatives, one-third of whom
Benito, Derecho Mercanti had been chosen by the officials of the municipalities under the
l, Blanco, Derecho Mcrcutil,
Vivanbe, Tratado de Derec control of the Revolutionary Government, and the others appointed
ho Mercantil; Echevarri,
Codigo de by Aguinaldo to represent the areas under the American Army

""Gupil. and Martinez,

A Guide to Philippine Lvg
Bik Store, 1993. p. 20. nl Mnh!rirris. MnnilzI. Rex
'"Muruno, op. cii., pp. 30431.
go'

130 LEGAL RESEARCH

_3"l*"l**'/IOR"-' LAW
which could not send delegates. The Malolos Congress is best re
d} The American
membered for framing the Malolos Constitution. The functions and Period
powers of the legislative branch of the First Republic was defined The Treaty of
Paris of 1898
and enumerated by the Malolos Charter as follows: 1899 formally ende which was rati
d Spanish sove fied April 1
the beginning of reignty in the isla
1. To watch over the interest of the Philippines' people, American rule. nds and marked
2. 'lb carry out the revolutionary laws and discuss the vote American occupatio
tary Governmen n of the Philipp
t by the U.S. Arm ines started with
upon said laws; y H Mill,
give functions by issu wh ich also discharged Ie
3. ing "general orde gnsla
To discuss and approve the accounts presented annually rs "
by the Secretary of' Finance, as well as "extraordinary Pres. McKin1ey's Inst
ructions to the Seco
mission on April 7, 1900 nd Philippine Com
and other taxes which may be hereafter imposed." vested legislative po
sign. These were labor wers in said Commit
ratified by the U.S
Several reasons prompted the creation and convening of the pine Bill of' 1902, and the Congress the Philip-
legislative powers of
try's elite _
Malolos Congress. Primarily, it was established to attract the
the intellectuals and the wealthy _
coun-
to join the revolu-
tion. Secondly, the creation of' a representative gover
I

I
ment were transferred to
After the Philippine Co
the Commission.
the military govern-

nment was mmission certified on

given primarily to make good impression on 1902 to the U.S. Presid September 18
foreign powers. A popu- ent that the insurrectio
n in the Philippines
lar Assembly was deemed necessary in order to enhan
of the new Republic.
ce the image I had ceased and the census
elections for seats in the Ph
was completed on March 28
, 1905, the
I ilippine Assembly were held
1907. on July 30
The delegates of the Congress constituted the cream
of the
country's professionals and intellectuals. An offici The Philippine Assembly was
al directory of the convened on October 16, 1907
Malolos Assembly of Representatives listed a which together with the Philippine
total of 201 members Commis ' sion, form
ed the Philip~
who had seated the body at one time or anoth pine legislature invested with the
er. Most historians, authority to legislate for all
however, have placed the Assembly members parts of the Philippines outside
hip at only 130. of the non-Christian provinces
Over those inhabited by them, the Com
The assembly despite the time constrain mission was the sole legs
ts, turned out to be a letive body. A large portion of the Phili
prolific legislature. Its first official act ppine Bill however, was
was the ratification of the devoted to the regulation and control of publ
"Act oilDecla1-ation of Independence" on ic lands, mining, for-
29 September. It also passed ests, commerce, franchises, and municipal bond
a number of' important laws designe s. The Philippines
d to protect the new Republic had been completely under the control of Congress
from incursions of foreigners and to prot since the pas
ect the local business and sage of" this Act.
labor.
l
The Philippine Bill likewise extended to the Islands the guar
With the outbreak of the Philippine
-American War in Febru- antees of the Bill of Rights of the U.S. Constitution.
win 1899r the Assembly's act
ivities were hampered by the
agency situation. emer-
Until 1907, legislative power was vested in the Philippine
Laws enacted by the provision Commission, the members of which continued to be appointed by
al governments established the President of the United States. From 1907, it was vested in a
ing the revolutions against dur-
Spain and the United States bicameral legislature consisting of the Commission and the Philip
found, albeit scattered, am may be
ong the various works of Ph pine Assembly. The Assembly was composed of 81 members elected
tonfans. The first successf ilippine his-
ul attempt at compiling by the Filipino people for a term of two years.
orders, proclamations, etc the m (decrees,
.) is
Laws of the First Ph - - . recorded in Gueyara's edition of The
lhppine Republic, The Philippine Autonomy Act of 1916, established a bicameral
tonal Historical Comm
ission.
published by the Na- .. .
Philippine Legislature. The philippine Assembly becoming the House
s

of Representatives while the Commission gave way t/0 the Philip-

 L Higbnsnnurl
5FiT1-"GRY LAW

ting 12 senntnrial
it' 24 members represen del ciudaduno filipino entitled Gohierno Civil de las Islam
pine Senate composed
Filipinos. Severiano Concepcion y Navy wrote in 1 1 2 a Manual

_
districts
With the exception of tw
nor-General to represent
o who were appoint/ed be the
the non-Christian tribes
term of six years. With the
- Gover
, they were all
exception of
de procedimiento y reglas pariiamentarias CDS Una
colcccinn do formulario-5-" with a prologue by Teodoro M. Kalaw
This was published by Cultura Filipino. In 1919, Joaquin
elected by the people for a -Ge ner al to rep resent the Agustin published through the Bureau of Printing a book on Phil
nine who were appointed
be the Governor
d
ippine laws, Repertory de legislacion filipina. In the a.rea of
81 members of the Hou se of Repre-
non Christian tribes, the other of thre e years. civil law, two American jurists, Charles A. Willard and Frederick C
ple for a term
sentatives were elected by the peo Fisher, both prolific writers, pioneered in annotating the Spanish
inaugurated L-. October in, Civil Code, both in the Spanish and English languages. Fisher
The Philippine Legislature was
Senate President. and Sergio turned out two other compendiums later, one on civil procedure
1916 with Manuel L. Quezon as and the other on stock corporations, All of them were published by
Osmefia as Speaker of the House- Lawyers' Cooperative Publishing Co. of' Rochester, New York
ameral National As-
The legislative body reverted to a unic tional Justice George A. Malcolm came out in 1916 a tome on the
. However. the Constitu
sémbly under the 1935 Constitution Government of the Philippine Islands, a Lawyers' Cooperative
l legislature.
amendments of 1940 restored the bicarriera publication. He wrote Comparative Constitutional Law in 1920
began with the crea-
. Early repositories of legislative activities which he revised in 1 9 2 . Earlier, in 1923, Justice Malcolm put.on
in 1900 as a fact-finding print a well-received work on Legal and Judicial Ethics
which
tion of the First Philippine Commission
ion was vested with law- he revised in 1949. In 1927, the Bureau of Printin g also published
agency and continued when the Commiss
the Report of the Philippine Com- Malcolm's Revised Ordinances. in 1932, Justice
Malcolm and
making P0\~.'eI'$, They are ing Office, 1900. 4 on the Philippine Govern
mission to the President tGo1.'ernment Print Maximo Kalaw co-authored a book
Philippine Commission to the ). Jose P. Laure l hims elf wrote
Vols.) and the Report of the ren t (Manila: Associated Publishers
Com merc ial 1922 : Bureau ofPnnt
Secretary of War 4GPO. 1900-1915, 25 Vols.) on the Election Law (Oriental with
l edition in 192 8; Bate s so Hal alan
o de ing, 1925: with a bilingua
The legislative proceedings were published in the Diari
n
Miguel Tolentino as to-author (General Prin
ting, 1930); and Ad
record of the sessio ns of work s pub -
Sesiones in 1 0 7 . which served as s daily -
th e Phi ' e Commission
1 ippm ' ' .
and Philip pine 4 -
Assem bly. Durin g the ministrative Law and Practice in
lished by Cecilio Press in 1934 on the
1932. He also had
appreciation of ballo ts and by
nal
Commonwealth era, it was succeeded by the Congressio logan and Sangs in 194 0 on the Ele ctio n Law um
the proceedings of the unicameral Natio nal
Record which reported wa s fih American civil government
_
Assembly and later, of the bicameral Congress. Its pu bli ca tio n r

temPgdafo lythgsipended rtElReng the war and

prese ntatlv -es
resumed in 1945. The
was written in English,
1900 Frolgggiiethgtahlish i'f2§5°law§ passed Phi
mission and its bic am era l suc ces sor, the lgmrltite Lgiiigieg
by the Philippine Com

ogee o the Bu reau of ing

while that to to h Englis h and Spanish. These statutes are contained in
s. The contents
r e rate appeared m bot , P blic Laws, in English and .Sp .anish edi tion
- of amended

Ca
pollficial
compilation flaws in the Philippines during the Ameri-
. n-a
2? ach volume inc lud e: (1) nu nte
repealed acts; (3) text of acts, (4)
nc al list of acts (2) list
list of codes, general orders, DT
usually
phiiippiode 52" the Co
sign (e urea
bed found f mp tinion
Pr|.r` ilat of Acts of the
`
E, 1908), ernbracmg executive orders amen
ded or repealed acts; (5) appendices,
. .
]- O -cl arn ati on s resolu
acts of the Philippin e Co mm ' II o
in force on
orders and pro
October 15 1907 d . 1ssmn and military orders embodying important executive
' laws
]oca| acts and an omitting all private, spe .- cia tem ary and
l, por
which d o not constitute a part of the general
.
. .
e d rmanent legislation of the islands.
" pe
!""'GupiL UP- cif.. PP- 21-22.

Mluiirnpal
.
Pedro Paberno publish
de las Islam
=
Filip
d ' Mad ' " 1903, El Regimefi
pin ..
' iN's, and,nd ll'l . 1910
late r, IN a "manual
Lsafd pp. 23-24.
 LEGAL RESEARC
sons, and acts of U.S. Congress applicable Bo the Philippines; (6)
alphabetical list of executive order and proclnmntions of the betical
list of executive order and proclamations of the beticnl list of execu
five order and proclamations of the Governor (Military and Civil]
and (7) general index
Volume 31 of Public Laws has the distinctive features of a
complete list of all amended and repealed acts, and a cumulative
general index of the 4,275 statutes, making it the most valued book
in the collection. The Bureau of Printing has also printed the laws
in a smaller sized edition, bereft of lists, appendices and indices
volumes corresponding to the set of Public Laws. The Official
Gazette is another repository of these statutes. Legislation for this
period should be cited as Act No. 1160 (1904)
The Philippine Permanent and General Statutes, of the
UP Law Center publishes the statutes enacted in the country since
the Philippine Commission, which are still in force and of perms
rent and general character: Vol. 1 of this publication publishes the
Acts of the Philippine Commission, Philippine Assembly and Phil
ippine Legislatiue up to Commonwealth Act 137
Special statutes have been compiled in publications such as
Compilation of Laws and Regulations Relating to Public
Lands in the Philippine Islands (Bureau of Printing, 1921) and
Internal Revenue Laws of the Philippines (Bureau of Print
ing, 1937) which contains laws concerning internal revenue in force
on January l, 1937 and compiled under the direction of the Collec
tor of Interns] Revenue
e) The Commonwealth Period
The 1935 Constitution provided for a unicameral National
Assembly until the Constitutional amendment of 1940 which re
stored the bicameral legislature. The Commonwealth period wit
fessed the enactment of 733 statutes. The first 412 acts were pub
fished in 2 volumes known as Public Laws of the Common
wealth. The continuation of this set was interrupted by the war
and subsequently abandoned. The contents are patterned after the
original Public Laws
A collection of all 733 statutes of the Commonwealth Govern
rent has been published in English and Spanish by the Bureau of
Printing in 6 volumes (1935-1946), entitled Commonwealth Acts,
without the added features of the Public Laws, In Laws and
s'1*.».1'Lr11:»rw LAW
Resolutions, also 8. publication of the Buren h
of the Commonwealth appear, particularly its tVce\.P;Bt.wwh51 huh
Official Gazette embodies all the Commonwealth statutes. Thel e
islation for this period should be cited as Com. Act No. 613 (19463
The Philippine Permanent and General Statutes, Vol. 1
contains the Commonwealth Acts from CA 1 to CA 137 while_"!:],, 2
contains CA 138 to 732
D The Japanese Period
During the Japanese period, the 1943 Constitution provided
for a unicameral legislature known as the National Assembly headed
by the Speaker to be composed of the provincial governors and city
mayors as members ex-o,*?'icfo and of the delegates to be elected
every three years, one from each and every province and chartergi.
city.
Some laws passed by the National Assembly were published
in the Official Gazette
Upon the defeat of" the Japanese forces in the Philippines, the
civilian government was restored. Elections for the bicameral legs
lature was held on April 23, 1946 and on July 4, 1946, the Philip
pines was granted independence by the United States
g) The Period After Independence
Upon independence, there were 6,635 Republic Acts that were
legislated by a bicameral Congress from July 4, 1946 to September
21, 1972. The repository of these statutes is the government publi
cation, Laws and Resolutions. The contents are: (1) text of acts
(2) simple, joint, and concurrent resolutions of the House of Repre
sentetives and the Senate; and (3) alphabetical index
The Laws and Resolutions has the following volumes
Vol. I (Rep. Acts Nos. l-89)
Vol. II (Rep. Acts Nos. 90-l9'7]l
Vol. III (Rep. Acts Nos. 198-342)
Vol. IV (Rep. Acts Nos. 343-421)
Vol. V (Rep. Acts Nos. 422-590)
Vol. VI (Rep. Acts Nos. 591-673)
Vol. VII (Rep. Acts Nos. 674-833)
 las LEGAL IIEHEAHCII
Vol. VIII (Hop. Acta Nos. 834-9721
Vol. IX (Rap. Acta Nos. 973-1201)
Vol. x (Rep. ArM Non. 1202-l411)
Vol. xl (Rep. ArM Nos. 1412-1813)
Vol. XII (Hcp. Acts Non. l614-2049)
Vol. XIII (Rep. Acts Non. 2050-2093!
Vol. XIV llhrp, Ach'-1 Nos. 2094-2616!
Vol. XV (Rep. Acta Nos. 2617-3020!
Vol. KVI (Rep. ACL14 Not. 3020-3450!
Vol, xvii (Rep. A018 NAB. 3451-35111
Vol. XVIII (Rep. Acta Non. 3513-3846)
Vol. XIX (Rep. Acts Non. 31-147-11721
Vol. XX l'Rep. Acta Nos. 4173-4541!
The Official Gazette also publishes the texts of prominent
statutes, with their latest amendments, in pamphlet form a d louse
copies. The legislation for this pcriud should be gibed as Hap. Act
No. 1792 11957)
The Philippine Permanent and General Statutes, Vols
II, I f , IV and V contain the Republic Ach-L of thin period
h) The Martial Law Period
During the martial law period, 8 total of 2,f}'i6 Fresidenljal
Decrees were promulgated as of February 20, 1986 which were is-
sued first in louse-leaf mimeographed form he the legislation secre-
tary of the Office of the President and cited as' Pres. Decree No. 603
(1975); while 891 Bates legislative Acts) were passed by the
Batasang Psmhansa Flsegislative Assembly) as of' February 1, 1986
which were compiled in a bunk published by the Batasang Pamhansa
itself and cited as Halas Big. in rlssl y, Acts and RED., 1980-81, 1-30.
The Philippine General and Permanent Statute, Vol. V
contains PIJ 1 to PU 866.
ii Aquino's Revolutionary Government
In 1986, Cora:»:.r.1n Aquino was installed an President by the
people www al. I-.nsA. She dumped the 1973 Constitution, in-
STATUTORY LAW
stalled a revolutionary govern rent and promulgated the provision;
nr freedom constitution of 1986. She assumed legislative powers by
using Executive MUrders. Meontirne, she appointed a Constitutional
Commission to droll. s new Constitution
From February 26, 1936 until the convening of the Congress
of the Philippines on July 26, 1937, a total of 302 Executive Orders
were issued by President Corazon C. Aquino and cited as Exec
Order No. l (19861
The laws issued by the martial law (Marcos) and revolution
airy (Aquino) regimes above mentioned are contained in the follow
ing publication
1. (IBSI, Vital Legal Documents in the New People's
government l'Contf;nt.H: PD, GO, BP, EO, LOL RA, et.cJ. 116 Vols
2. Vito] Legal Documents in the New People's Gov
ernment fContelrlt.o: PD, GO, BP, EU. LUI, RA, etcJ. 29 Books
3. Vital Legal Documents (Second Series). Conbenta
fiupublic Acts, Selected Executive Orders, Guidelines. Rules and
Hegulatirms Issued by Various Government Lawenforcing Agent
cues
jl Period Under the [937 Constitution
The 1937 Constitution restored a bicameral congress with a
Senate and Hour-se of Representatives which is still the legislature
up to the present.
From 1937 up in the present, the new Congress had enacted
2,503 laws, from RA 6636 up to! RA 9139.
3. Publications on Philippine Statutes, In General
The Officio! Gazette contains all legislative acts and all reso-
lutions of the Legislature, of a public nature, all executive orders,
so h dccisi or abstracts of decisi s of the S preme Court as
may be deemed by said court of sufficient importance, and other
official documents as are usually published in an official gazette,
much as administrative orders and regulations issued by depart-
ments, hureaua and alicea and legal and official notices.
The publication of any law, resolution or other official docu-
ments in the Official Gazette is prima facie eln'dence of its authen-
ticity.
 138 LEGAL RESEARCH
FPATUTORY LAW

The secondary sources on Philippine Statutes can be found in issued by President Co

Acts have been pa razon Aquino.
1. Guevara, Public Laws Annotated, 7 V. ssed, the latest of From 1987 2,524 Republic
known as "Anti Mo which is R.A. 9160
ney Laundering Ac othe
2. Guevara. Commonwealth Acts Annotated, 3 v. into law in October: 2001 t of 2001" which wa rwise
s signed
3. Jacob-0 & Sons, Public Laws of the Commonwealth
4 volumes which was accepted as substitute reference for

4.
the official publication
Moran's Index to Republic Acts, with 1957 Suppl
(1900 -
LEGISLATIQn IN THE P HIL
2001)
IPPINES

'

5. Index to Republic Acts, 1946-1965 by Juan Rivera

PERIOD LEGISLATWE
AUTHORITY
NAME OF
STATUTES
NUIIBER OF FIRST LAWB
STATUTE8
6. The Philippine Annotated Laws (P£A.L.) of the Law
1900-1935 Philippine C0mD\iBalnn,
ENACTED'
pAss1:n

yers Cooperative Publishing Co. compiled all laws ofgcn

oral and permanent nature in force as of January 1
Fhilippino Assembly,
Ada 4.275
Art I - Avnfvwiauq
$2M Fur highwnyn god
Philippine Uflislnlivo
bridges
1956 which group together various laws having a com 1935-l9-l1 National Assembly,
man subject matter, annotated with all decisions of the Cvnzwsu
Commonwealth Aria 733
CA 1 - Providing fur
Nnliaanal Defense ofthu
Supreme Court interpreting them. Cumulative supple 1946-1972
Phil;
Cungn-gg
merits were issued periodically Republic And: sis -
RA 1 Applwopriathg
Funds lb-r Gov! of do
7. Vital legal Documents Index Guide, 1976 Cnnlrmonwultb July L
1946-1947
8. Aguirre, Subject 8: Title Index to Executive Orders
1972-1586 Munro as IA-gillnmr under Pa:-sidenlinl Dccnres 2.066
Martial Law
PD 1 - lt¢0.-g,.,i,i,,i
then Eauecutivu Branch
Feb. 25, 1986-July 26, 1987 al' the Gav't
Hntasang Pumbansa (lEl78- Bataa Pamhnoan
1956)
891 --
BP 1 Appuupriaring
Funds Ear the Go'rem~
4. Summary of Philippine Legislation rent from Jan- 1 to
Dec. 3\, 1979
The statutes of the Philippines are found in the various l9B6-1967 Fro-sidcnt Aquino as legs-» Executive Orders
lnnnr in the Revnlutionnry
302 E0-1 - Ciualing the
enactments of the Philippine Legislature since its promulgation in p~oc:G
Ga'~"t
1900. From the establishment of the American civil government in
1900 to 1935, there were 4,275 laws passed by the Philippine Com-
1987-
m PF"f21il2l\l
Congress RrpulJlieA¢1a 2.524 RA 6636 -
Reautling
Local Elections from
mission and its bicameral successor, the Philippine Legislature. Nov. 9. 1967 WJan. IB,
1938
The Commonwealth period witnessed the enactment of 733
statutes.
Upon independence, there were 6,635 Republic Acts that were b. List of Codes Enacted by Philipppine
legislated by a bicameral Congress from July 4, 1946 to Legislatures
September
21, 1972.
The following codes have been enacted in the Philippines
During the martial law period, a total of Dec. 1. 1888
2,036 Presidential 1. Codigo de Comercio Royal Decree
Decrees were promulgated by Presiden April 1. was
t Marcos as of February 20, 2. Cwpumtion Law Act 1459
1986 while 891 Betas (Legislative Acts) were 3. An No. 711, as amended Oct. 01. 1917
passed by the Batasiing Administrative Code of 1917 Dec. UB. 1930
Pambansa [Legislative Assembly) as of 4. Revised Penal Code Act No. 3815
February 1, 1986. From
February 25, 1986 until the convening .
of the Congress of the Ph11-
5 . National Internal Revenue
CQ1[l_ ACL No. 466

as amended
June is. 1939
ippinea on July 26, 1987, a t/ot Code of the Philo. June 21. 1947
al of 302 Executive Orders were 6. Revised Election Code R.A. 180
 7
8
._ Civil Cade of the Philippines
'If riff and Customs Code
EGA1, RESEARCH

m. 386
REL 1937
June* IB, 1949
June 22, 1957 48. National Code of
_
STALTUTORy LAW
I
9 . Agricultural Land Reform of Breast Milk
Mar '
R.A. 3844. M amended Aug. 8. 1963 44. Family Code of th ED. 61
10. Land Tinnsportation and e
Philippinétl E,O. 209 0120 _
'Traffic Code R.A. 4136 Juno 20, 1964 Aclminiatrative Co
de of' 1987 by EJ). 22 JL1.ly 17, 1967
11. Election Code 1971 Sept 2. 1971 Comprehensive Agnm E.0. 292
ian July 25
12. Code oIIAg1-adan Reform RA. 6389 Sept. 10, 1971 Reform Law
za. Code of Conduct R.A. 6657
Natiununl Building Code End Ethical
Of the Philo Standards for Public R.A. 6513 June 10. was
Aug. 26. 1972 Am: 21, was
14. Amending 'lhrilTand vulI~lB15 an
d Employee;
Customs Cade Oct. 27, 1972 Cooperative Code of
Lhe
15. Loral 'He Code RD. 231, as amended June 28, 1973 Philippines
16. Forestry Reform Code Feb. 5, 197.1 49. Local] Government Co R.A. 6938
de March 10, 1990
17. Labor Code of the Fhilippines RD. -142, as amended of 1991
May 1, 1974
18. Real Property Tax Code RD. 454. as amended May 23, 1974
1 4

Omnibus Investment RA. 7160

19. Child and Eburh Welfare Code RD. 603, as amended Code E.0. 226 Oct. ID, 1991
Dec. IO. 1974 Intellectual Property Feb. 17, 1995
20. Insurance Cos of the Code RA sz9a
Tax RE-funn Act of' 199 June 6, 1997
Philippines HD. 612 7 R.A_ 8424
Dec. 18. 1974 Flag and Heraldic Co
21. Revis<.'»4:l Forestry Code RD. 705 de of Dec- 11. 1991
May 19. l9T5 the Philippines
22. Code of Sanitation of the RA 8491
Philippine Fisheries Feb. 12. less
Philippines
23.
DN. 13, 1975 Code of l99*5'
Land Transportation and RA. 8550
Tnaflic Code Revised National Plumb Feb. 3, 1998-
Jan, 26, 1976 ing
Coconut Industqr Code Code of the Philo.
July 14, 1975 Resolution No. 04-99
Land Transportation and The Securities Regulation SGPL 30, 1999
Traliir: Code RD. 1057 Code
Water Code of the Philippines RD. 1067 Nov, -80. 1976 R.A. 8799
Dec. 31, 1SJT6
July 19. 2000
Code of' Personal Muslim Law
of the Philo RD. 1083 E. Administrative Rules
National Building Code Feb. 4 , 1977 and Regulations
as amended RD. 1096 Administrative acts and com
Philippine Environment Code HD. Feb. 19. 1977 mands of the President of
1152 Philippines touching on the the
Fire Code of' the Philippines June 6. 1977 organization or mode of operati
Tariff and Customs Code
RD. 1185 Aug. 26, 1977 the government of the rearran on of
RD. 1464. EIRE amended ging or readjustment of the dist
32. Insurancxz- Code June 11. 1978 divisions, part or parts of the ricts,
Philippines and all acts and com
Mutualization of Stock RD. 1280 mands governing the general perf -
Life Insurance Companies Ian. 6. 1978 ormance of duties by public em-
Election Code of 1978 ployees or disposing of issues of gen
RD. 1296 eral concern are. made effective
Government Auditing Cod Feb. 7. 1978 by the issuance of Executive Orders. Those orde
of the Philippines
e. rs fixing the dates
when specific laws, resolutions or orders
Tariff and Customs Code RD. 1445
June 11. 1978 are to have or cease to
RD, 1464 take effect and any information conoe
Tariff and Customs Co
de June 11. 1978 ming matters of public mo-
Insurance Code of 1978 Rl). 1498 ment determined by law, resolution, or executive
RD. 1460 June 11. 1978 orders, take the
Insurance Code June 11. 1978 form of executive proclamations. Ordinarily,
:potation Code of the RD. 1455 administrative orders
June 11. 1978 are confined to the exercise by the President of the Philippines of
Philippines
Lund T}"£l.n.qp¢II18l;j0n B-R 81g. as his power deciding administrative cases. Sometimes they may con-
May 1. 1980
Traffic Cbde
Land Transportatio RD. 1814
tain regulations for the conduct of subordinate odicers in the ex- .
n and Jan. 11. 1981 ecutive department in the performance of their official duties.
Traffic Code
Olmnlihus Election Lode RD. 1934
HE Big, 881 June II. 1984 Executive Orders and Proclamations of the Governor~Gened
Dec. 3. 1985 during the American period were published
annually in a see enti-
 142 LEGAL RF.SE.¢LR{"}l

STATUTORY LAW
tltd "Executive Orders and Proelarnations." Thirty-three vol
times were published until 1936. b.v the Bureau of Printing Pllblilla Jung
Administrative
H0115
QS and Rfgllla
During the Commonwealth Period. the administrative acts
and orders of' the President were published in the Executive Or- These orders, ru
les and regulatio
ders in four volumes: Proclamations in seven volumes covering the Official Gazet ns usually publishe
te, those imposi d in
must be publis ng penalty for thei
period from 1935 to 1941 hed in the Offic r vi ol at ion
ei'Te4:tive. Each depa ial Gazette befo
rtment, bureau re they become
All those executive orders, administrative orders and procla rules and regula agency issuing
tions are expected such orders,
motion are published in the Official Gazette and in the Public thereof and mnn to keep official re
eograph copies ar cords and files
Laws as appendices public e usually made av
ailable to the
'lb assist the President. of the Philippines in the performance General studies m
of his executive functions, various departments, bureaus, agencies making power inclu ade of administrative offices and their
de: Carreon Admin ru
and other offices under them have been established. The head of & Fernando Adminis istrative Law, Fern le-
trative Law; Martin ando
the departments. and head of bureaus and other agencies, are au and Revis ed Administrativ . Adminis
trative Law,
thonzed to issue orders, rules and regulations for the proper and Law of the Philippi e Code; and Rivera
nes Ad 11 Iuim'strative
efficient performance of their duties and functions or the effective
Materials containing
enforcement of the laws within their respective jurisdiction. How
are also found in: Th Administrative Rules
e National Administ and Regulations
ever, in order that such rules and regulations may be valid they faining rules and reg rative Register
must be within the authorized limits and jurisdiction of the office ulations, circulars me
cial issuances issued moranda and other of
issuing them and in accordance with the provisions of law by ditTerent governm
author quarterly; Vols. 1 to 12 ent agencies, published
izing their issuance (1990-2001) by the UP
Law Complex
Go 'eminent agencies may also be grouped together Publications by the pa
in accord rticular administrativ
once with their powers and functions follows e agencies are as

1. Agencies with implied quasi-legislativ Civil Service Commiss

e powers ion
Examples are the Bureau of Forestry Book V of the Revised
, Bureau of Prisons, Na Administrative Code of
tonal Bureau of Investigation, Bureau the Civil Service Comm 1987 on
of Tourism Services, De ission. Lays down the ba
partment of Social Welfare and provisions of the law on the sic po lici es and
Development. They have adminis CSC the central personnel agency
trative rules and regulations the government. It also of'
which have not been expres presents the systems and
d by law to be issued, but they
e t c e sly r i d which the operation of the procedures by
are nec essary in civil ser,rice are to be bas
discharge of the functions of the pro per personnel administration ed including
the agency.
|
Omnibus Rules Implementin
2. Agencies with express g Book V of Exec. Order
quasi-legislative powe 292 and Other Pertinent Civ
rs il Service Laws. Lays down the
These are the Governm implementing rules adopted and
ent Service Insurance prescribed by the CSC to carry
?ecunty System, Departm System, Social out the provisions on civil service emb
ntemal Revenue, Ph ent of Labor and Emplo odied in Book V of the Re
yment Bureau of vised Administrative Code of 1987. Also
lllppl
.Investments. They specneificMalled y
ical Care Commiss
au
ion, Board of
thople' bed bJr' la w to appointments and other personnel actio
includes the revised mies
ns and new mies o
implementing rule _ - v

leave
s and regulations promo l goto
Uniform Rules on Administrative Cases in the Civil
11;l/d-1 pp, ice. Embodies the uniform roles of proced Serv
130-131 ure in the conductfadju
dication of all administrative proceedings, either disciplinary
 vmcn I HY LAW

commission and
il semce both it. the the basis for all all!e"CY person
non-disciplinary, in the civ
|
nel actions much as promo
l~

the revised schedule of peniilties Igor grant of productivity incentive bonus tion and
agency levels. It also contains
e offenses
and the classifications of administrativ Memorandum Circulars 199
2-2000. An annual compilation
and Ethical of all memorandum circulars issued by the CSC
Rules Implementing the Code of Conduct 6713). Lays book form. Mem»o»
and Employees (RA random Circulars are compiled per year
Standards for Public Officials
the CSC in the applicationfimplc
down the prescribed rules sul be*

.
otherwise known. as the
meditation of the provisions of RA 6713
s for Public Officials and
Code of Conduct and Ethical Standard
6713
Employees. includes the full text of RA
Other Per
Revised Omnibus Rules on Appointments and
sorrel Actions. Consolidated general rules and
polic ies on ap
nnel actio ns in the
pointments and other personnel and other perso
nsibil ities of the
civil service This manual also lays down the respo
officer, eertnin
human resources management offieerfpersoiinel
modes of" separation from the service and prohibitions
Omnibus Rules on Leave. A handbook containing pertinent
Iicies and implementing rules and regulations governing leave
administration. Also includes 8 listing of leave privileges/benefits
and their corresponding entitlement and avail rent; illustration of
how to compute leave credits and monetization
Personnel Officers Manual. Outlines the responsibilities of
the personnel officer in the different areas of human resource men
age rent and development such as recruitment and examination
promotion, performance evaluation, appointments preparation, leave
administration, retirement, personnel relations, discipline, benefits
rewards, incentives and career development. It also discusses the
legal authority and objectives of the Council of" Personnel Ollicers
Qualification Standards Man
ual. Contains aN alpha ._
cal listing of' roughly 4,000 positions in governme
nt service with
corresponding educational Experience, training and eiagibauiy
quirementa. It also Incl
.udes.the positions' respective salary grade
level, and sector classification. The qualifications listed in this
manual are the minimum requirements set by the CSC for each
position; agencies are not precluded from setting higher standards
that will suit their needs
CSC Memo Circulars Index (1988-1998). Contains a list-
ing of all memo circulars issued by the CSC covering the period
1988 to 1998, classified according to subject, lt also indicates the
newspaper and date of" publication for circulars which were pub-
lished to ascertain their respective dates of efflectivity
Manual on Definitions of Administrative Offences in
the Civil Service. A handbook of definitions to serve as aid for
legal practitioners as well as government workers involved in han
tiling administrative cases and other legal matters
b. Securities and Exchange Commission
1- SEC Polio. 1946-1976
2. SEC Bulletin
3. SEC Weekly Bulletin

Revised Policies on Performance Evaluation System Central Bank

Presents a comprehensive discussion of the revised policies on per
1. Financial Journal
formance evaluation in the civil service adopted by the CSC L0
ions
install and implement performance-based security of tenure. The 2. Central Bank Annual Reports and Compilat
t
PES aims to draw up an objective assessment of employee perform d. Dep artment of Labor and Employmen
once.
enting the Labor
1. Rules and Regulations implem
Agency Performance Evaluation System (A Model). A Code
model for the development of FES designed by the CSC. The PES Reform
Model will help or guide agencies in preparing their respective PES Department of Agrarian
- .- - 1. Cumprehensive Abranan
Reform Program and Presi
based on co
1 9
l`42Vl
se
'
' _
_- 1 _ _
once w'th th €SI3DIIlddFlgPI:'J-0]1:-,l.g5 and its proper application. Compli
- .
.5 by age ruts IS crucial as lt will serve as denial Issuances
 wru'rony Law
LEGAL RESE

F. Ordinances Enacted by the Autonom

ous Region
stice
f. Department of Ju The 1987 Constitution created the Autonomou
ars, 1963 s Regions in
1. Department of Ju
stice Revised Circul Muslim Mindanao and in the Cordillera. The legislative
assemblies
ard of these autonomous regions enact ordinances to govern the region
g. Dangerous Drugs Bo and may create administrative agencies to operate in the regions
8)
ard Regulations (198
1. Dangerous Drugs Bo
ts G. Ordinances Enacted by Local Government Units
Board of Investmen
Regu
Code and Implementing The basic local government units are the provinces, cities
1. Omnibus Investments
municipalities and harangays. Each of these units have lawmaking
cations (1989)
powers to pass what is commonly called "ordinances" (to destin
Commission
Office of the Insurance gush them from statutes enacted by Congress] which are usually
of local interests only
1. Insurance Reporter
A local ordinance is legally ineffective if inconsistent with stat.-
Other materials include: ubes enacted by Congress.
n Reform Law which
1.

2.
CBSI, Comprehensive Agraria
also contains the list of DAR Adm
Memorandum Circulars, 2000,
Milagros A. German, Administrative
inistrative Orders and

ng
Orders and Ex-
PD 27 and the
I The Local Government Code of 1991 provides

"Sec. 16. General Welfare.- Every local government unit

ecutive Issuances in Implementi
Ed.;
CARL-RA 6657 from 1988 to 1994, 1996
the Philip-
3. CBSI, The Intellectual Property Code of
ie and Telev ision Review and
pines (RA 8293) with Mov
Classification Board, Videngram Regu lator y Board and
their implementing rules and regula tions, issua nces, and
related special laws, 1999 Edition;
4. CBSI, Philippine National Police Law, with Imple-
menting Rules and Regulations, Criminal Procedure, Evi-
dence, NAPOLCOM and DOJ Circulars, and Re1a1ted!Per-
tinent Laws, 1997 Edition,
D. CBSI, 1398 Supplement to PNP Law: RAS 6963, 8505,
8551, Manual of Procedure for the PLEBs, etc.;
Rodriguez, RB., The Laws and Regulations Govern-
6.
'mg the 1998 National and Local Elections, 1998 Edi-
tion;
7. Sibal, J.A.R., Omnibus Election Code Annotated, with
Comely Rules of Procedure, Rules of Senate, House of
. Moreover,
Representatives, Comely Resolutions, Related Special
Laws and Forms, 1992 (Reprinted 1997).
shall exercise the powers expressly granted, those necessarily
implied therefrom, as well as powers necessary, appropriate
or incidental for its efficient and effective governance, and
those which ate essential to the promotion of the general we
fare. Within their respective territorial jurisdictions, local gov
ernment units shall ensure and support, among other things
the preservation and enrichment of culture, promote health
and safety, enhance the right of the people to a balanced ecol
ogy, encourage and support the development of appropriate
and self-leliant scientific and technological capabilities, in
prove public morals, enhance economic prosperity and social
justice, promote full employment among their residents, main
rain peace and order, and preserve the comfort and convert
fence of" their inhabitants."
h empowers
This is the so-called "general welfare clause' whic
t meas ures for the
local government units to enact and implemen power
Its basis is the polic e
general well-being of their inhabitants.
nt units
of the State as delegated to local governme
t are not absolute
Verily, the powers of a local government uni
laid down by the Constitution and
They are subject to limitations the exercise of such
the laws such as our Civil Code. health
powers should be subservient to paramount considerations of
 LEGAL RESEARCH

and well-being of the members of the community. Every local gov Computerize
d Legal Resea
ernment has the swam obligation lo enact. measures that will On rch Services
Phe texts of th
jennee the public health. safety and convenience. maintain peace may be sourced e Constitutions an
from two compu d statutes ab
and oder. and promote the general prosperity of' the inhabitants of terized legal rese ove mentioned
the local units. Based on this objective. the local government should The Lex Libris, pr arch
refrain from acting towards that which prejudice or adversely at? databases o.duced by CD As
ia Inc. has the fo
feet the general welfare. lhlnkasiano vs. Diokno, 212 SCRA 464) llowing
1. Laws (Philippi
The Local Government Cade of 1991 also provides ne Edition), Vol. I
2. Taxation (Phil.
Edition), Vol. II
'Sec. 511. Posting and Publication of Ordinances with
Penal Sanctions. - tai Ordinances with penal suctions shall
3
Vol. Ill
Jurisprudence, (The
Philippine Supreme
Court Reports)
be posted at prominent places in the provincial capitol, city,
municipal or barangay hall, as the case may be for a mini 4. Department of Justine
IV: (Opinions of the Secre
mum period of three t3l consecutive weeks. Such ordinances tary), Vol
shall also be published in a newspaper of' general circulation
Local Autonomy and Lo
where available. within the territorial jurisdiction of the local cal Government, Vol. V
government unit concerned, except in the case of barangay Environment and Natur
al Resources, Vol. VI
ordinances. Unless otherwise provided therein, said ordinances 7. Labor and Social Legislat
shall take effect on the day following its publication, or at the ion, Vol. VII
end of the period of posting. whichever occurs later 8. Elections, Vol. VIII
Tb) 3. public officer or employee who violates an ordi
Am' 9. Trade, Commerce and Indust
ry, Vol. IX;
Nance may be meted administrative disciplinary action, with
10. Bangko Scntral fig Pilipin
out prejudice m the filing of the appropriate civil or criminal as, Vol. X
action. 11. Securities and Exchange
Commission. Vol. H
(cl The secretary to the sanggunian concerned shall The Philjur, produced by Gigabytes
transmit official copies of such ordinances to the also has a database on all laws of Research Systems, Inc
chief' execu the Philippines
time officer of the Official Gazette within seven f'7}
days follow
ing the approval of the said ordinance for
publication pur
poses. The Official Gazette may publish ordin
ances ith pa
na sanctions for archival and reference purp
oses
The official repositories of the ordinan
ce of the City of Manila
were the 0fEeial Gazette and the
Bureau oil Printing Publication
Let Organiea y Ordenanzas Rev
isadas usn81, and the Rc-
h sed Ordinances of the City of Ma
nila (1936), The Gazette
Aggih§jpiiirl ¢1h'i'°§g°'d0,,"=e
iPnublf shortly alltcr the wan
compilation prepared b
_ Justice g ice vias the annotation and
Malcolm, The Charter of
City of Baguio and the Revised the
Baguio. i"lportant ordinanc Ordinances of the City
es of the City of Ma
legal PQriodiqal5. nila appear nn
 CAN; uw

Commission on
Audit.
National Labor Re
lations Connnniaasn
CHAPTER 5 lnnurancn Commiss n
ion
Housing and Land
Use R.e§\ll°*°l'!
CASE LAW Department of iligtw 'B
oard
arian Reform Adjudica
tion Baud
B. The Philippine Judicial
System
A. Case Law 1. Pre-Spanish Period
While statute law is derived from the lawmnking ngc-ncics of Disputes are inevitable
in any society. and Fili
the guvernnteat.. vase law comes from the judicial nulhorilics of the before the arrival of the Spania pino soda,
rds was not an exception. Bu
State disputes were usually, t the
fully through a "court" though prvbabiy not always, deemed
_ The second major category of primary sources of law in the barangay elders as *jury
composed of the chieRalm judg
e and t.he
Philippines after the statutes is judicial decisions
'Dials were held publicly and decision
Case law llI8.!1' be divided into s were rendered Prv'=11ptlr
The accuser and the accused faced each othe `
r with their respective
witnesses. The latter. Lo show their hone
sty and sincerity. took an
1. Decisions Proper oath to this effect: "May the crocodile deirutizr
me if I tell any false-
hood." "May the lightning strike me if I don't
Decisions of the Supreme Court tell the truth and
nothing but the truth." May I die here and now if tell
a lie.' May
b. Decisions of the Court of Appeals the sun and the moon frown upon me It was as simple
as that;
there was no bible to put one's right hand on. unlike
c. Decisions of' the Sandiganbayan today when
the Bible is not taken seriously be: these who swear by ii,
i Decisions of the Court of Tax Appeals
The disputants then began presenting their arguments, but
Decisions of the Regional Trial Courts tressed by the testimonies of their respective witnesses. The chief
thin listened attentively and the elders took mental notes of the
f. Decisions of the Metropolitan Trial Courts, the Munici
arguments. The disputant with more witnesses to his side was
pal Trial Courts and the Municipal Circuit Trial Courts
adjudged as winner. Naturally. not e few losers contested the deck'

2. Subordinate Decisions _
sign. In this case. the chiehsin, acting as Judge and exefutlve
_
enforced his judgment be siding openly with the winner and com
polling the defeated party to respect the judgment of the honorable
Decisions of the Senate Electoral Tribunal and the House court. Under such circumstances. the defeated party had no other
of Representatives Electoral Tribunal recourse than to how to the inevitable
b. Decisions of Administrative Agencies Exercising Quasi
Judicial Powers. such as 2. Spanish Pvrind
1, Commission on Elections In general
rer Finca
2. Civil Service Commission On Svptvlulwr 10, 1519, the great Portuguese explo
the crown of Castillo,
or .\fcr*a:¢:!h4::is §l"vnlilulnd Mngellani. sailedinforwith five leak; vessels
snug Sun Lucur do Barrame da in Spa
 LEGAL RESEARCII CASE Law

s
greatest voyage After six month
and 266 men to launch history's the Am eric an mas t south
following
spent crossing the Atlantic and
ella n foun d the pas sag e that bears his name and rounded
ward, Mag
waters of lil huge ocean, he
Cape Hom. Upon entering the calm
e mon ths and thousands of kilometers
christened it La Pncffim Thre
ed in the Philippines
later. on March 16, 1521, Magellan land
Magellan? arrival in the Philippines in
1621 became the basis
Thre e Spanish expedi
Rem! Audience; dl the Afcaldes-Mnynre
s (Courts of First Instancer
and e) the Go-bcrrtudorciifoa (Justice of the
Pence Gourts)
AL the bane of the judicial structure wan
the gobemndorcillo
who gover Cd the town or pueblo. He
had jurisdiction over all civil
C0808 arising among Indies, Chinese
mestims and Chinese that
involve small sums, Le., at n certain point, not more than
-
forty-four
pesos, and petty criminal cases, i.c., at a certa'in period, nxceedlng
sentences of ten days imprisonment or fines of five
4

for Spain to claim and colon ize the islan ds.
d in failure. Finally an
sons were sent to the islands which all ende
sailed from Navidad
November 21, 1564. Miguel Lopez de Legaspi
Mexico to t.he "islands of the West towards the Moluccas" and sub
ed the City of
sequently landed in the Visayan islands and found
Cebu in 1565. Manila was later founde d as a capital city in 1571
h sovere ignty over the Philip pines had
The foundation of Spanis
been laid
The administration of justice in the Philippines during the
Spanish period had five components - the law, the judiciary (which
included both ordinary and special courts and the prosecution), the
law enforcement agencies, the prison system and the legal profes
Firstly, there was 8 need for a body of laws M govern the
conduct of the people and regulate the relations among individuals
and between the individual and the sovereign. Secondly, the judi
c a l system provided the mechanism for the adjudication of dis
pules among indi~n'duals and between the individual and the gov
ernment or state. Thfrdfy, law enforcement agencies were needed
to uphold the law and enforce the decisions rendered by the judici
are. FourtNfy, there had Bo be a prison system for public punish
rent of those who violated the low. Lastly, a group of persons with
legal training manned the judicial posts and acted as advocates of`
indiidduals in protecting their rights
During the Spanish period, the laws governing the Philip
pines consisted of laws of" general application in Spain which were
made applicable to the Philippines; laws specially promulgated by
competent authorities, such as the Council of the Indies, to govern
the Spanish colonies like the Philippines, and laws or regulations
promulgated by the Spanish authorities in the country:
The hierarchical structure of the judicial system insofar os
general or ordinary jurisdiction was concerned generally consisted
of the following: Be The Crown; be the Council of the Indies' cl the
pesos
The ac Joie in for, in pacified areas and the Corregidor in
unpa.calied.arcas, exercised judicial powers in the provinces and
had .]urlsdlcl,lon in the first. instance over both civil C8588 and in
most; crmnnal matters. They also acted as appellate judge for suits
originating from the gobornadorciflo
The Real Audicncfa of Manila, which was the supreme tribu
nal in the Philippines, both had civil and criminal jun'sdict.ion in
cases of appeal from the Fnlcofde mayor or corregia'or_ However, the
Real' Audience performed other functions aside from its judicial
duties
At certain periods, before the creation of the Real Audiencias
and during its aholitinn, the Governor had supreme judicial powers
in the Philippines. Even filter the establishment of the Audience
the Governor continued participating in the judicial affairs as Presi
dent of the Andfencia
The decisions of' the Heal Audiencio in certain cases were
appealable to the Council of the Indies in Seville, Spain. When the
Council was abolished in 1834, its judicial functions were assumed
by a newly created Tribunal Supremo de Espana de Indies
Since the Council of Indies was a creation of the King, the
unquestioned head of Spanish government, the latter as absolute
ruler, had the power to reverse the rulings of the Council of the
Indies
The judicial system, likewise, included special courts for cer
for
thin special classes of persons, such as the ecclesiastical courts
the religious, the army and navy courts for military personnel and
al courts fer spe
the commercial courts for merchants. Other speci
c a l matters consisted of the Contentious Court
the
for
Tlea
wmpggng
sury u
against the administration of the gove rnme nt.
"!Rodriguez, up cit. (31, p, 2
 154 LEGAL RESEARCH

for cases involving the royal treasury, including cases of Smuggling CASE LAW
etc. and the Probate Court for the adjudication of probate cases, 1
Santiago de Vera
The judicial system included the Department of Public Pros lands became the to
I ecution which represented the government and its institutions in
the enforcement of' the Iuw and in all civil and criminal actions to
in M 'la o
was he11d onnJuMa
first J preesirec
denent
y 28, 1584 and the Ii
ne 15, 1684
ly
t of thaPP 01nted gov
e audzlencia ernor of the Is
heal. He
session of the
which the state was a party. audieneia
The audience whi
The third component consisted of law enforcement agencies cm u en
ch perceived
consisting of the euerpo de cuadrilieros, the municipal police under bolishd by roya Unnecessary finn
ever, it was resto
red
l cedula on Aug ust 9, 1589. How
local government officials and the Guardia Ciuif, the national co November 26, 1595
n-
stabulary, the forces of which were assigned u) particular pr.ovimes ro
b y yal decree of July 4, 1861
under the provincial commanders who reported directly to the gov- t h e president of , the governor-g
the audxencza. eneral ceased
emor and captain general. It practically lo
iaasrdsdednd became pure st its political
ly 5. judicial institution.
criminal B h h tdodchambers one for civ The audzbncio
The fourth component was the prison system consisting of il suits and the othe
e c ea e by P!*esldenL'"
¢

municipal jails. provincial jails, major penitentiaries such r

as the
Bilibid Prison and those in Cavite, Zamboanga and
penal farms
Marianas, and .By royal decree of Oct. 24, 1870, the audie
president. two pres
colonies ` Pala wan, Davao, Cota bato and idents of the two bra ncia consisted of a
Zamboanga. rices, one prosecutin nches, eight associa
g atbomey and other off te jus
icials
The legal profession consisted of lawyers who By 1893, the criminal
were either ap- jurisdiction of the Au
poinbed to the judiciary and public prosecuti was now designated as dience, which
on or were the practis- the Audiencia Tierriforial
- ing lawyers, and those de Manila, _
who had some legal training who were limited to Manila and lifleen enu
ther notaries or clerks appointed to assi ei- merated provinces adjace
st the courts. Besides its appellate jurisdi nt thereto.
ction, it also had original
Another notable institution was the over civil cases which on acc jurisdiction
juico de residence, a form ount of their importance, the
of investigation and trial of a colo involved, and the dignity of amount
nial official's actuations during the parties, might be tried in
rior court. and over cmmnal a supe-
his incumbency."' cases ansing in the lace where
court might meet p the
b. Audiencia Real Audiencia Territorial de
Ma nil a. Audiencias de lo Criminal of Cebu and
Vigwsin
Professedly "in the interes
t of' good government and the During the last years of the Spanish era, by the
ministration of justice" the ad- royal decrees
Audierzcia Roo! was estab oF February 26. 1886, and May 19, 1893, two high courts
Philippines by Royal De lished in the having
cree of May 5, 1583. inv appellate jurisdiction over criminal cases outside the territo
same authority and pre ested "with the rial
eminence as each of' the jurisdiction of the oudiencio of Manila were functioning, the
in the town of Vallado oudiencios r o l e s
lid and the city of Gran .-lzzdierrcllz de Io Criminal de Cebu and the Audience de Io Crimi
appellate jurisdiction ada. Ii. was g7veIII
of all the civil and cri al de Vigor. Each had one president, two associate justices, a
the archipelago. Its jud minal cases throughou
gments were execute t prosecuting attorney, as assistant prosecuting attorney. and a sec
cept in certain case d without appeal, EX
s which either from ' rotary, with the necessary clerks. These oudiencios were in opera
high station or grea lack of jurisdiction or the
t influence of the son nt the outbreak of the Philippine Revolution
elevated to the Co contesting parties could be
nsejo de Los Indies ,
as a court of final resort.""

.'"'~' P- 4.
F""'°=°°» Wait. n. 471.
-`mlnL no ell. (3), p. 119
 156 LHGAI SHARITH

d. Alenldes-Mayores; jueces do primcra instaneia

some academic professional ti
For two hundred Jreurs from the establishment of provincial mrcumstanrnes
warranted it tle or to thos
governments in the 1600's, justice us administered in the fi the petty gove . When such pe e 'whose position and
rnors of the mun rsons
instance by the nlcnldrs-naa_vor'es who were at, the same time the the peace. They icipalities wer could not be found
were given Ju e to act as justic
provincial executives. As a rule they were political favorites se property or interest risdiction over es of
s involved did civil cases when
lected without regard to their knowledge of law Ol' of the affairs pesetas m value. In not exceed 200 the
deciding offenses pesos or 1.000
which they were to administer. By 1866, however, as a result of a penalties impose of a criminal ch
d conformed bo th
series of royal decrees, the functions of the alcalde-mayor became of' the Philippines e requirements of aracter, the
which W8-B put in op the penal code
entirely judicial, his executive functions having been limed over to December 17, lass." eration by the roya
l decree of
the newly established office ofgobernador civil (civil governor), and
lawyers alone were now qualified to he appointed alcalcles-mayoreg f. Special tribunals
Eventually. they became known as .Nueces de primers instrmcfa
exencisingjurisdiction within the limits of their respective porticos (1) Ecclesiastical Courts
(judicial districts) into which the Philippines has been divided. They In addition to the courts of
son..bed. there were special tnl
ordinare ` nsdi' ' t'
took cognizance of all civil and criminal cases arising within terri read
bunals ' the PhiII lipp 1011s,awhichY de-
C ine
tories, except such eases as were under ecclesiastical or other their prototypes in the had
mother country, and whose
largely due to the centralize existence was
cal courts and the audiencias, and gave judgment in all civil cases d and theocratic character of
m' which the amount of property of other interest involved ex ernment administration, and the gov.
to the privileges of certain clas
ceeded 200 pesos fuertes or 1,000 pesetas, The correctional supervi Foremost among these were ses.
the ecclesiastical courts which had
sign of judges of first instance for offenses or crimes in office was jurisdiction over all civil crimes and offe
nses committed by the
vested in the audiencfas. In ordinary offenses having no connection .
clergy .
Of' other persons having a sacerdotal character
mage and divorce and violations of the cano over mar
with their official character they were trisble before the ordinary n law. But by the royal
courts order of October 20, 1835, an exception was
made in the case of
atrocious crimes committed by the clergy, over which the civil
courts
Gobernadorcillos; jueces de Paz were given jurisdiction. For many years, the jurisd
iction of the
ecclesiastical courts was exercised exclusively by judges of first
The gobernadorcillos were until late in the 19th century the instance, who were designated ecclesiastical judges, and regarded
local judges in their respective pueblos or municipalities. In civil as court vicars of the Archbishop of Manila, and the suffragan
suits their jurisdiction was limited to cases where the property or bishops of the other dioceses. By the royal decree of February 1
interests involved did not exceed 44 pesos, and to minor olTenses 1869, unifying the jurisdiction of the different courts, lt was de-
the penalty for which did not exceed ten days' confinement, or a clared that courts of ordinary jurisdiction alone were competent to
fine of 5 pesos. By Royal Decree of May 29, 1885, and in pursuance take cognizance of civil and criminal cases. As a result. the civil .
of the general plan of separating the judicial and executive power and criminal jurisdiction of ecclesiastical and other special courts
even in the lower grades, it was prescribed that in each judicia was transferred to the ordinary courts. However, the decree to
l
district of the city of Marlila and in every municipality there suspended by the Governor~General in so far as it referred to 6
should
be a jeez de per (justice of the peace), with the jurisdiction and ecclesiastics until a final decision could he received from the home
powers conferred by the laws of civil and criminal proce .
government. No such decision was ever rendered. but w
v
hen to
dure. The
judges were to be appointed by the governor-gene , the Governor*-Gen
emendation of the president of the Audienc
ral, on the recon C'i v it Code u rent 1`nto effect in Dece
which
mbe r,. 1889
ted the clergy
ia of" Manila, such ap oral suspended certain titles, . practically exemp
pomtments being given only tO persons who were lawyers of had cou rts, exce pt in the ca' ofI
from the jurisdiction of the 0rdlnBl'b'

'"Francisco, an oft., in. 472-473,

Wld., pp 473-474
 LEGAL RESEARCH
CASE LAW

atrocious crimes, for the commission of' which they had been fll'IlE
noble to the civil courts since the promulgation of' the royal order of (4)
Commercial C
ourt
October 20. 1835 The Commercial
(tribunal of the Court succeeded
In 1898, the ecclesiastical court in Manila consisted of one consulate), and wa the Tl.ibunal de C
s established ` M onsult
royal decree ollJul anila by th
pnovisor and vicar-general. or ecclesiastical judge, one ecclesiastical y 26, 1832. It cons
two substitute co isted of one poor, tw
prosecuting attorney. one notary. and for the supreme government nsuls, and subordin o consuls
General appointed ate personnel. The
one secretary. one vice-secretory, one archivist one accountant, the the members of the Go vernor
over all transactions court, which had
suffragan bishops of Nueva Cnceres, Cebu. and Jaro had similar n o i tcontracts, and other
c i d s i r u j
tens growing out of agreements mat
courts. A large proportion, if not all, of these officials were men the commerce of the
once with the oft-men islands, Later, in ac
hers of the religious orders tioned Royal Decree of cord
commercial Court wa February 1869. th
s abolished and cognizance over all
relating to commerce case
(2) Army and Navy Courts vested in the ordinary
courts
The army and navy courts were similar in their jurisdiction to (5) Contentious Court
the ecclesiastical courts, und took cognizance not only of purely
military offenses. but of civil and criminal cases affecting soldiers By virtue of the Royal Dec
ree of June 4, 1861, there was
and other persons having military privileges. Civil suits could established a court known as
be the Tiiburaal Contencioso, to
decide complaints against the hear and
appealed to the Audiencia of Manila. However, pursuant administration of the governmen
to the with final appeal to the council t.
same royal decree of February 1, 1859, this special jurisdiction of state Spain. It formed part of
of the council of administration. In
the military courts was turner over to the ordinary courts we 1806, it was composed of a
t and three magistrates. It was abolishe
n e d i s e r p
d February 7, 1869
(3) Treasury Court
reestablished March 19, 1875, but was abolished
by the Royal Decree of November 23, 1888 suspend
The royal decree of December 4, 1786, provided , creating the Tribunal
in Spain for Conteneioso Administration. This was a new
the appointment of an in tendente Corregidor with organization, inde-
jurisdiction over pendent of the council of administration, and was
all legal cases affecting the royal treasury, composed of the
including contraband, president and two judges of the audfencia and two
smuggling, etc. By the royal decree of Septembe administrative
r 16, 1813, this judges. This continued until January 1, 1890, when
jurisdiction was withdrawn from the in tendente the tribunal
corregioior and trans- was transferred to the council of administration, where it was known
ferred to civil judges who were lawyers, and
who took cognizance in as Secretaria del Tribunal Conteneioso y Consejo de Adminis-
first instance, with appeal to the oudien trucion.un
ciu. This decree was con-
firmed by the royal cedula oflJanuary
30, 1855, but was not carried
into effect in the Philippines until 185
6, when the royal decree of
December 16 of that year established (6) Probate Court
the treasury court. The court
held its sessions in Manila and was In addition to the before mentioned courts there was estab-
composed of a civil judge of the
final category with jurisdiction lished in the Philippines a general probate court for the adjudica-
in first instance over all treasury
cases, with appeal to the nud tion of probate cases. By the royal decree of June 22, 1883, this
iencia. The Treasury Court was later
abolished by virtue of the abo court was abolished, and the matters which it had jurisdictio
ve-mentioned Royal Decree of Febru-
ary 1, 1869, which lodged in were transferred to the judges of first instance.'**
the ord ina ry courts exclusive
tion over cases affecting the jurisdic-
treasury"

17'7b1l' vu- A'71 .Hr

a _ I . .Hafl-
 CASE LAW
LEGAL RESEARCH

Next were the Courts of' Fir

Spanish Period st Instance, and at the bottom
Publications During the municipal and justice of the
peace courts. A special court, the
the
me Court.
the decisions of the Supre of Land Registration was also created, but it Court
There are books containing d crimi na l law s, upon ceased to exist in the
of Spain, at least, with res
pect to civil an 21st of July 1914, and its function
s were transferred to the Courts
e civil and Penn! cod es are bas ed. The of First Instance
which the present Philippin ris pru de nc ia Ci vil in
tained in Ju
reports of civil cases are con for alm ost a cen tury , from Although with the annexation of the Philippines
ns rendered to the United
224 vols., dealing with opinio Afte r its inte rru ptio n by the States, most of the essential principles of the United
States Consti
1936.
November 3, 1838 to April 3, res um ed to this dat e. Crimi tutor operated in the Philippines, they did not include the
right. of
was
Spanish Civil War the publication trial by jury. And in the organic acts for the Philippines such
s are found in Jur isp rud ence Criminal in 136 vols right
na case
ber 30, 1870 to the outbreak of the was carefully reserved, "doubtless due to the fact said the U.S
covering decisions from Septem Supreme Court, "that the civilized portion of the Islands had a
these two law reports have been
war in 1936. It must be noted that
nces by the app ellate tribunals of the Philip system n jurisprudence founded upon the civil law, and the uncivi
cited in several insta Iized parts of the Archipelago were wholly unfitted to exercise the
pines right of trial by jury." {Dorr v. United States, 11 Phil. 70E»1
3. The American Period
government 4. The Judicial System at present
With the establishment of the American military
to the Amer ican army , provost
following the surrender of Manila The distinctions obtaining in other countries between courts
s wore create d. At the same time
courts and military commission of law and courts of' equity, and civil. criminal and probate courts
certain civil purpo ses. Subse quentl y
civil courts were recognized for do not apply in the Philippines where all courts are courts of' both
ine Comm ission, the existin g courts of law and equity and have jurisdiction over all civil, criminal and
by Act No. 136 of the Philipp
pro-
were abolished and in their place were substituted the courts probate cases
vided in said act. Thereafter, Congress of the United States, through
To-ial Courts of Limited Jurisdiction
the Philippine Bill and, later, the Jones Law, approved and con
tirrned the organization of the courts thus established. As ulti- At the front lines of the judicial system are the Metropolitan,
mately et olved, the judiciary
' system instituted was substantially Municipal. and Municipal Circuit Trial Courts with Jurisdiction
modeled upon English and American prototypes. However, no divi- limited Lo civil suits involving relatively smaller amounts of money
sion was made of the tribunals into courts of law and courts l' and no minor violations of the criminal laws.
equity as they were known and distinguished in England and most The "inferior courts" label given to them is unfortunate for
jurisdictions of the United States. The same tribunal dispensed these first-tier trial courts, because these are the tribunals in which
both legal and equitable relief."5'3
most of the controversies that occur in a community are heard and,
At the top of the system, in place of the Audi rtci Ter tori I t least proviso ally, decided.
de Manila, was a Supreme Court composed of a Chief Justice and bottom
These courts of very limited jurisdiction may be at the
eight associate Justices. The names of Cayetano Arellano, chief court s close st to the
of the judicial totem pole, but they are the
magistrate, Manuel Araullo, Gregorio Araneta, Raymundo Melliza, e be admi niste red fairly
people. It is vital that in this level justic
Ambrosio Rianzares Bautista and Julio Llorente are preserved in mon people will lose conF1-
and with dignity. Otherwise, the com
fame as the first Filipinos to sit in the Supreme Court of the Philip- dence on the judiciary.
pines under American sovereignty, administering justice together
iction
with learned American judges. b. Trial Courts of General Jurisd
secution involves an amount of
If a civil claim or criminal pro ctions of
al sentence, beyond the jurisdi
"Up, D. 521.
money or an potential crimin
 152 LEGAL RESEARCH

CASE [AW

the Metropolitan, Municipal and Municipal Circuit Trial Courts, it

must be filed and heard in what lawyers call a "trial court of Special appella
appellate jurisdi te courts 1) the Sandigan
ba
general jurisdiction," i.e., a court empowered to tTy all kinds of ction over certa
in criminal cases which have
Regional Courts decided by the
case, without monetary or subjcet matter limitation. These , and also original
criminal cases; an jurisdiction certain types of
known as Regional Trial Courts (formerly Courts of First Instance) d 2) the Court of Ta
protests of private person x Appeals which ac
for the 13 judicial regions in the country s adversely alTcc t only on
toms laws ted by the tax and
We also have the Shari'a courts under the Muslim Code with
jurisdiction over Muslim Filipinos in Mindanao d. The Court of Last Resort
On February 4, 1977, President Marcos promulgated Piesi The Supreme Court the
dental Decree No. 1083, which is the Code of Muslim Personal "court of last resort" at the top of
the judicial hierarch which determine
Laws of the Philippines. The Code recognizes the legal system ot" s with finality what the law
is and should be. The 1987 Const
the Muslims in the Philippines as part of the law of the land and
itution provides
seeks to make Islamic institutions more effective; codifies Muslim Section 1. The judicial power sha
ll be vested in one
personal laws, and provides for an effective administration and Supreme Court and such lower courts as may be
enforcement of Muslim personal laws among Muslims fished by law
The Muslim Code, however, is not exclusive; it codified onl It sits in Manila consisting of one Chief Justi
ce and 14 Assuci
those laws which are believed to be the most important or signili at Justices and which decide cases in three
divisions of Eve
cant. Since the Muslim legal system or Shari'a is recognized, we hers except in certain cases where they sit en bono
may have to apply unwritten Muslim law. By authority of the same
It has the power to review on appeal or certiorari final
Code, Shari'a Courts have been set up. The Supreme Court has judo
also promulgated pursuant to RD 1083, Special Rules of Proce merits and under of lower courts in certain cases such as when
d u e in Shari'a Courts,'°' errors or questions of law are invoked and where the Constitution
or validity of statutes are involved. It has original jurisdiction over
e. The Intermediate Appellate Court petitions for certiorari, prohibition, mandamus, quo warranto, and
habeas corpus
Before a party can go to the "court of last resort," he has to go
first to the intermediate appellate court. The Court of Appeals is
the body that generally has exclusive appellate jurisdiction over C. The Doctrine of Precedent
the decisions of the Regional 'Dial Courts and other quasi-judicial Although case law can be found "in same form and to som
agencies. extent" in every legal system, case law iB uniquely authoritative
and influential in a "common law country" which the United States
It sits in the City of Manila and consists of a Presiding Justice
is by inheritance from England
and fifty Associate Justices which exercises its power and duties
agre-
through 17 divisions each composed of three members The Anglo-American legal system unlike the "civil law"
variati ons in other countr ies, explic itly
tem which prevails with
The unanimous vote of' the three members of the divisions dent know n also the princ iple of
recognizes the doctrine of prece
shall be necessary for a decision otherwise two additional justices
stare decision
will sit temporarily with them forming a special division of five and
vers" 18 the Latin maxim-
the majority shall be necessary of a decision Stare decision, et no quieter mo
meaning, to follow precedent
stare
e of precedent principle of
By the common law doctrin primary
ally considered to be the
""Gupit. op it.. pp. 91-92. decision. decided cases are usu
 LEGAI. RESEARFII

CASE LAW
Ros of law and hence, past judicial decisions are generally bind
ing for the disposition of' fnctunlly similar present controversies When the Supr
eme Court over
the conclusiveness of rules one of' its
that earlier decis past decisions,
Having been under American rule, the Philippines although particular contro ion as a settlem
versy is not affect ent of its
primarily a "civil law country has adopted the doctrine of precedent longer an author ed, but the overru
itative precedent led decision
or 8t£lllE decision. in the future for other cases that
may arise
In fact, Art. S of the New Civil Code specifically provides
F. "Ratio decidendi
and "Clbiter Dictum
"Art.. 8. Judicial decisions applying or interpreting the
laws or the Constitution shall form a part of the legal system Ratio decidendi" is the
holding of the principle
of the Philippines (n) which a case was decided
. It of law
the "ratio decidendi tha
precedent and . din
bin ` g on courts in the
t sets the
Hence, judicial decisions or judicial precedents form part of' dendi must be considered future The ratio des
conjunction with their fac
our legal system. case ts of the

Decisions of the Supreme Court are treated as such. However . In contrast "olziter dictum
language
m a decision that
final decisions of the Court of Appeals which under the common not necessary to the decision
Dictum comes from the Latin
law doctrine should be binding before lower courts, have not in de-cire "to say," and refers Bo wha verb
t said be the way." Although
practice been considered so not because of lack of regard to these dictum is not binding future cases, it
` might be persuasive
decisions but primarily because these decisions are largely not re
ported or published G. "Binding" and "Persuasive" Authority
Case law authority is frequently divided into two
"Stare Decision" and "Res Judicatu" cases: "per-
suasive" and "binding."
Every final decision of the Supreme Court has two effects: 1) Authority can be termed "binding" (also called manda
as an authoritative settlement of the particular controversy before tory)
when it comes from the decisions of Supreme Court and it is
it, and 2) as a precedent f`or future cases. the
ratio decidendi of' the case.
A Latin tag has been attached to each of these effects, res Although a court is not "bound" to follow dicta from prior
judicata to its effect as to settlement of the immediate controversy decision, it may do so if it is carefully reasoned. This is more so if
and state decisfs to the impact of the decision as precedent. the dicta comes from a respected justice such as the late Justice
Stare decision, literally "the stand on what has been decided, J.B.L. Reyes. (In the U.S., the dion coming from Oliver Wendell
is
the principle that the decisions of a court is a binding authority on Holmes and Benjamin Walters Condozo are very well respected.) It
the court that issued the decisions and on lower courts for may therefore be "persuasive" to the Court. Aside from dicta, per-
the suasive authority can come from decisions of' appellate courts in
disposition of factually similar controversies."
other jurisdictions.
E. "Reversal" and "Overruling"
H. Form of Decisions
"Reversal" has reference to the action of
the Supreme Court the Supreme
on a lower courts judgments in the some Case Law is found primarily in the decisions of
particular controversIr'- ion have been large ly not avail-
When the Supreme Court reviews the
judgment of the lower court Court (as Court of Appeals decis
in a case and concludes the lower cou able).
rt reached an erroneous re-
sult in the case, it wil! "reverse," ies, exam~
in., set aside, t.he lower court's The typical case is entitled by the names of the part
judgment. eorn e. the sylla bus summa-
plt'. Santos u. Cruz. After the title wllI
 I RESEARCH I
portion of
of the decision and then the (1) Official Repnsiton'ea
sizing the important points - the opinion of the court ful Court of Decisions of the Su
What distinguishes law rep preme
the report that cames authority
_ -
ort as official the fact tha
(deeisi onl of the case it is printed under the supervi t
lowed by the final disposition sion of authorized government
.
agency. The decisions of the Supreme Court appear in thre .
the court, it is commonly writ e official
Although it is the opinion" of publigatiuns, namely: Advance She
le justice whose name precedes ets Official Gazette; and the
ten on behalf of the court by a sing Philippine Reports
the opinion
The decision itself is by majority vote
and is stated at the end
{a) Advance Sheet -
As soon as decisions of the So
preme Court become final, they are published in advance
. It may affirm. reverse. or sheets
Sf the opinion. It may also be unanimous sion. The member of the
in mimeographed form. Thus they are made available to the
modify the decision of' the lower court deci bench and the bar at the earliest date possible, much earlier
e who agrees with the
court who concur is then listed. A justic that their publication in the Official Gazette
separate concurring
decision but not, with the opinion may write a
(b) Official Gazette - The Official Gazette is an off
opinion
cial publication of the government printed by the Bureau of
nt, with or
A justice who disagrees with the decision may disse Printing. The decisions of the Supreme Court are published
without writing a dissenting opinion under the section, "Decisions of the Supreme Court
Opinions need not be signed, however, and it is not
uncork
While before all SC decisions were published in the O.G
on for a court to write an unsign ed and usuall y shorte r opinion at present because of the volume of decisions promulgated b
for examp le, the point in issue is
per curiam (by the court) when the SC. not all decisions of the SC are found in the O.G. The
thought to be well-settled Official Gazette is cited as follows: Espiritu U. Rivera, G.R
No. 17092, September 30, 1963, 62 O.G. 7226 (Oct., 19661. tr
the decision is found in a supplement, the citation is: 46 DOG
I. Case Law Materials
Supp. No. 11, 22 {Nov., 19501
1. Decisions Proper Decisions of the Supreme
lc) Philippine Reports
the Philippine
a. Decisions of the Supreme Court Court from August 8, 1901 are published in
ting, now the Govern
Reports, printed by the Bureau of Prin
The preparation for the publication of the decisions of the rted was In in: Agnus
rent Printing Oliice The Iirst case repo find ing Atty:
Supreme Court and the Court of Appeals of the Philippines is en t of the CFI
which was an appeal of the judgmen ion from proc
trusted to the respective court reporter of each court. with susp ens
Mercelino Agues guilty of contempt
When a decision is rendered by the Supreme Court, a written tice for 20 days.
amending to the dates of their
opinion or memorandum exemplifying the ground and scope of the The decisions are arranged red fifty
judgment of the court shall be filed with the Clerk of Court and lga tio n. As soo n as there are about seven hund
pro mu te, the Re-
shall be recorded by him in an opinion book. When the court shall de cis ion s pu bli shed in the Official Gazet
pa ge s of the Philippine
deem a decision to be of sufficient importance to necessitate publi- rs th em an d publishes them in
porte r ga the e Bureau of
cation, the Clerk shall furnish a certified copy of the decision Bo the th e ou tb re ak of the Pacific War, th
Reports . At pine Reports, m`th
Reporter. The Reporter then prepares and publishes with each re- g pr in te d 74 vo lumes of the Philip
Printin October 31, 1937.
ported decision a concise synopsis of the facts necessary to a clear the latest decision dated oe-
understanding of the case, stating the names of counsel, together me Court during the er Japanese
Decisions of the Supre mpletely. Ho w ev , some deci-
with the material points raised and determined, citing each case, es er ve d co
which shall be confined, as near as possible to points pupatio n were no t pr
ed 73 and 74 o f the Philippine Re»
of law decided sions are found in volum
by the courts on the facts of the case without necessity of reciting
the facts ports.
 LEGAL RESEARCH
CASE LAW

After the war, it resumed the printing of Volume 75 up to

Volume 110 which covered decisions promulgated from Nov (b) Philippine ports Annotat
vote publication ed This
in 33 volumes co
23, 1960 to Januairy 31, 1961
33 of the Philippine Re rresponding the vo IB a pri-
lu
The Bureau of Printing continued printing of the Philip rared by the publish po rts The C8883 reported mes 1 to
er with legal principl are anno.
pine Reports up to Volume 126. covering the period from April quently decided by the es mm cases subse-
to June 1967. The Supreme Court took over starting with Vol enunciated In the cas it. be . the p.mnts of law
e rceopuortgd Thug On.
127 (July to August 1967) up to Vol. 132, then Volumes 145 to annotated edition, the researohe the use of this
us,
inf with
orme d whether the de-
147 (July to September 1972) clslons has been cit
ed IN a sobseq r uent dec-ision and Whether
such subsequent decisio
An example of a citation of a ease in the Philippine Re n has adopted ove
principle in the earlier rruled the legal
ports is: Aquino v. Delizo, 109 Phil. 21 (1960) decision. The publication
Volume 33. It is cited as RR ended wlth
A
-
n

(d) Philippine Reports (Reprints) The destruction

(c) phinppin Re YL'.3
of libraries and reserve copies of Philippine Reports in the is different from theeprevPoous 0Ann
Bureau of Printing during the war necessitated the reprinting
of these reports and the undertaking was entrusted by the supreme Court Decisions tmmP;901 to
_ tag
'l?l1tl;tPcll1Cen raj)
Central Book Supply Inc. It ho S to pJub 15 published by
hsh annotate
Supreme Court to the Lawyers' Cooperative Publishing Co.,
which by photo~ofllset process, reprinted the first 74 volumes - .
tolling 110 volumes So far it ha
o, 6, 76, 77, 88, 89,' 90 9 95
s p y bhshed
' .
nary es I1961
velum to-
, 2,3,4,
of' the Philippine Reports. However, the index-digest found in
the original volumes are omitted in the reprinted set.
103, 104, 105, 106, 101 183, s$'"n§'i1%8'&te'°"', "ii
be released soon. It is cited as "Ph
101,
il" WE
(e) Jurisprudence Filipino - This is the Spanish
edition of the Philippine Reports, also printed by the Bureau
(d)
Supreme Court Reports Annotated (SCRA
The SCRA is the leading private publication at
J
present of
_
of Printing. It is arranged in the same order as that of the Supreme Court decisions. It is published by Centra] Lawbo
ok
Philippine Reports, each volume containing the same cases Publishing Co., and the Central Book Supply Inc., contai
ning
published in the corresponding volume of the Philippine all the decisions of the Supreme Court starting with the year
Reports. Its publication was discontinued during the war to 1961. The first case reported in SCRA was Atari Yoko Co v.
the present. Like the English edition, it contains the same Key Bar dated January 20, 1961 where the application for
parts. registration of trademark by Kee Boc was dismissed.
It has now 333 volumes, the latest containing SC deci
(2) Unofficial Reporting of Supreme Court Decisions sons from June 1 to June 19, 2000.
(a) Philippine Decisions _ Unofficial law reporting
in the Philippines is exemplified by the publi
Each volume contains a table of cases reportedly arranged
in alphabetical order with the page number of each case given,
cation known as
Philippine Decisions (Community Publishers the arrangement in alphabetical order is also given in the
, Inc., Manila).
which selected the leading cases reported reverse form.
in Vols. 1 to 54 of
the Philippine Reports and colle The cases published in each volume are arranged aocord-
cted them in 10 volumes. It
actually served as an economical ing to the date when the decision was promulgated. The main
unit of the Reports. Four
more volumes were published aflo body of each case includes the name of the litigants, the case
r the war, but the publisher
of the Decisions had altered the
scheme and arrangement of number and the date of promulgation.
the original set, by reporting
all the decisions of the Other important features of this set are:
Court for 1948 and 194 Supreme
9. Philippine Decisions is
P.D. 123, its later volumes cited as 10 Annotation on important legal questions, giving the
as RD. 1s~49b, p, 456. (1 J

I
170 LEGAL RESEARCH
CASE LAW
171
state of the law on important questions, their historical devel
At the end of ea
prent and application ch volume IS a
subject index
Volume 12 cont
(2) Authoritative and comprehensive syllabi for each ains in addition
plc Index for
all the twelve vo to the Subject
reported case
Index of the case lumes. It also cont Index,
printed in the fir ains a Case
(3) A subject~index at the end of the text which is al st twelve volumes
Beginning with Vo
phabotically arranged according to their subject or topic. This lume 13, each volu
ject Index, a Tbpic me contains Su
leads directly the researchers to the solution of their legal Index, and a Came In b~
particularly valuable dex. The Case Index
problems or to the rulings they are looking for since the Table of .-
arrange the cases re Contents does not
ported the alphabe
(4) The SCRA set comes with 4 volumes of bound Quick tical order of title
Starting January 19
Index Digest 84, it merely publish
while Xerox copies of ed the syllabi
the decisions would be
Volume One (Abandonment to Husband & Wife) and Vol upon request available at co,st
urne T\vo covered Volumes 1 to 36 of SCRA from January,
(f) Philippine La
w and
1916 to December, 1970; Volume Three (Abandonment to (PHILAJUR) Jurisprudence
This publication started
Estoppel) and Volume Four (Evidence to Workmen's Compen November 1977
reporting both law and jurisprudence
sationl covered volumes 37 to 101, SCRA from January 1971 rent Events Digest, Inc
. It is pub lished by Cur
to December 1980. These four volumes are followed by a yearly
advance Index from 1981 up to the present year 2000 Each volume of PHILAJUR con
sists of five parts; legis-
lotion; Supreme Court decisions;
The CLPC hos also published the Index of' SCRA Anno- Digest of Court of Appeals
Decisions, Leg al Articles; and Indexes.
tations, a helpful guide in instructive annotations and opin-
ions on significant Supreme Court decisions from Volumes 1
tO 239 (1961-1994) of SCRA. - (g) Supreme Court Unpublishe
d Decisions econ?
This publications contains the unpublish
Philippine Supreme Court. This is comp
ed decisions of the
This is cited as: Vda. de Consuela u GSIS, 37 SCRA iled by Judge David
G. Nitafan and the Editorial Staff of the
315 (1971). Centre] Lawbook
Publishing Co., Inc. Volume 1 contains the unpu
blished des
(e) Supreme Court Decisions (SCD)
_ This set is a
publication of the decisions of the Philippines, start
sons of the Supreme Court from March 1946 to
February
1952 while Volume 2 has the March 2, 1952 to March 30.
1954
ing Janu-
ary 1, 1982. The decision of the Supreme Cour unpublished decisions.
t each month
are compiled in one volume, under the edito
rship oil Atty. Jose (h) Supreme Court Advance Decisions (SCAD)
N. Nolledo and published by the National Book
Store. This is prepared by the Legal Editorial Staff of Rex Book
The decisions of the Supreme Court are Store, Inc. It publishes all decided eases promulgated by the
published ac-
cording to the dates of their promulga Supreme Court. It started with Vol. 41 containing decisions
tion. The Table of Con-
tents lists all the cases promulga and resolutions of the Supreme Court in May 1993 and 1Ls
ted each month, arranged
according to the dates of prom latest volume is Volume 144 containing SC decisions from
ulgation stating the "G.R.
Number," date of promulga February 21-March 1, 2001.
tion, title of the case and the
ponente, and the corresponding page in the volume where each The SCAD is published monthly, immediately after the
case may be found. decisions are promulgated, the practitioners and the students
Each decision is published in have ready access to the latest available decisions rendered
expertly prepared syllabus.
full and is preceded by an by the Supreme Court.
 LEGAL RES.ANC:H

CASE LAW
(i)Supreme Court Excerpts (SCEX) _
This book
authored by Atty. Aristotle 'R Dominguez is published by Rex (0) The PC
173

authored by th GG porte
Book Store Fhe book attempts to combine the strengths of is wri ter which r This book likgwigg
the various publications contains 410 Supreme Court excerpts ` e Commission contains SC decisions involving
the Philippin
extracted from 304 Supreme Court decisions and resolutions the first case of Good Governmen
t st
promulgated from Sept. 3, 1996 to January 31, 1997
Cru
Romuuldez Sarzdi z, Jr: PCGG May 27 arting from
ganbayan May 16 1986 up to
G) Summary of Supreme Court. Rulings _
This
authored by Atty. Daniel 'If Martinez and published by Cen
_.
Decisions of the
1995

Court of Appeals
tral Book Supply, Inc. This work aims to provide the law The C
students especially those who are preparing to take the bar
court. our of Appeals serves as our interm
As to whether the de ed
examinations supplementary reading materials on the precedents. the Supre cisions of this Tribuna iate appellate
latest me Court of the Philip l shall constitute
rulings of the Supreme Court Miranda et al Imper£aI (77 Phil 1066 pin es . the case of
of' this Honorable Court es ) held "Only the dec
The Supreme Court rulings are collated into eight tablish isions
chap
tens corresponding to the eight bar examinations subjec
the order they are given by the Supreme Court
ts
jurisdiction However this
pronouncement of the Co
docs 'St '
pvT"§i that
doctrines the
I .
urt ofA ppeaI s wh'soh covers Cone usion
still undecided ou . ,
a point of law
It now has 45 books containing summaries of SC "Julllsprudence may serve as juridical
deci the inferior courts, and tha guide to
sons from 1986 to 1998 t such conclusion or pronou
raised as a doctrine ii aft ncement
er it has been subjected to
crucible of analysis and rev test in the
(k) Citations: Excerpts of Supreme Cou ision, this Supreme Court sho
rt Deci- uld find
sions - This publication authored by LC. Castigado that it has merits and qualitie
s sufficient for its consecratio
r has six rule ofjurisprudence." n as a
volumes: Vol. 1, July-December 1990: Abuse
of Discretion to
Words and Phrases, Vol. 2, January-April 1991
cretion to Workmen's Compensation, Vol. 3,
Abuse of Discretion to Workmen's Compens
: Abuse of Dis-
May-August 1991
(1) Appellate Court Reports
Court of Appeals were originally
_
The decisions of the
published in the Appellate
ation, Vol 4, Sep- Court's Reports by the Court Rep
tember-December 1991: Actions to Workmen' orter. Although prepara-
s Compensation, tions were completed for the publicat
Vol. 5,
January-April 1992: Eight Bar Subjects ion of the Reports, only
; Vol. 6, May- two volumes were released. The Iirst
August I992: Eight Bar Subjects. was Vol. I, embracing
the decisions of the appellate court from
February 29, 1936 to
December 29, 1936. The other was Vol.
1978 _
(1) Title Index to Supreme Cou
The UP Law Center has come out
tion which gives an index to case
rt. Decisions 1945-
with this publica-
period from January 8, 1947 to June 30, 1947.
VIII, covering the

s decided by the SC from The Appellate Court Reports which was patterned af-
1945-1978.
ter the Philippine Reports has the following important parts:
(m) Supreme Court Decisions (II the title page, stating the number of the volume,
Title Index, 1982- the pe-
1985 This is compiled by the Library riod covered by the cases reported, and the names of the Re-
Resources Center to meet the Sta tT of the UF Legal
needs of the students, faculty porters; (2) the Justices of the Court of Appeals who partici-
members and researcher of the pated in the cases reported and those sitting at the time of the
UP College of Law,
publication of the Reports, the Solicitor General as well as
in) The Sandiganbayan
authored by this writer is Reporter _
published by Central Law
This book other officials of the Court of holding office when the reported
cases were decided and when they were published; (3.) mies
ply and contains all cases
volving the Sandig
anhayan
April 7 1988, 1994 Ed
December 5, 1991, 1995
_
decided be the Supreme
Vol. '1 from Feb.
ition; Vol. 2 from April
book Sup'
Court in-
28, 1980 to
15, 1988 to
and resolutions of the Court; (4) alphabetical list of cases re-
ported, (5) alphabetical list of cases cited in the decisions ne-
ported; (6) a list of statutes cited in the decisions reported; (7)
Edition. alpabetical list of authorities rated
' in the volume; (8) alpha-
 II
LEGAL RESEARCH

CASE LAW
betical list of unpublished decisions; (9) the reports of cases,
chronologically arranged; (10) an index/digest of unpublished Sandiganbayan
Re
decisions, arranged by date; and (11) an alphabetical subject- December 1979 ports in 1980, which la'
to February 1980 d `t8d ` ' nsfrom
index to cases reported. by other volum . Howev
coer
n th
me is w1as no
es. This writer ectlslo
succeeded
Sandiganbayan Re has compiled an
porter which cont d pub' h d th
The Appellate Court Reports is cited by volume and Supreme Court in ain
volving the Sandjga s all cases decidised eby the
page, for example: Chunaco v. Singh, 8 C.A. Rep. 488 (1947), nbayan.
(2) Advance Sheets - Decisions of the Court of As. d. Decisions of th
e Court of Tax Appe
als
peals had been published in advance sheet starting January, Under Rep, Act No. 11
25, the Court of Tax Ap
1960, but this practice was discontinued in 1963. fished, with exclusive appellat peals was estab-
(3) Official Gazette _When the Court deems a deci-
sion or resolution to be of sufficient importance to require
cases. This jurisdiction is
of the Court are subjec
ho
e jurisdiction over tax
wever intermediate, sin
t to review by the Supre
and customs
ce the decisions
Court is directed by law me Court. The T
publication, the Clerk of Court furnishes a certified copy of the to provide for the publica
sions in the Offical Gazet tion of its deci-
te in suc
decision of the reporter who prepares a syllabus for each case to be adopted for public information h form and manner as may best
be published with the cooperation of the author of the decision and use.
and is responsible for its publication in the Official Gazette. The official repository of the
dec
isions of the Court of 'Pay
Appeals was the Official Gaz
Each case is published in the language it is originally written. ette. Later issues have disconti
publishing them. Law and jour nued
Example ofa citation is: Manila Electric Co. v. Ailorde, C.A.-SP nals carry some of its important
opinions.
No. 11850, May 15, 1987, 86 o.G. 3447 (May, 19901.
Court of Tax Appeals Digest of Cus
(4) Court of Appeals Reports _
This set of reports Tax Cases (1973) and Court of Tax Appeals
toms and Real Property
Digest of Internal Rev-
containing decisions of the Court of Appeals has 25 volumes enue Code (1971) by Colon are publications
from 1961 to 1980. Its first volume contains decisions ren- on cases of' the CTA.
dered in 1961 and the first case reported was Sag:-o Co. Inc. u e. Decisions of the Regional Trial Courts
Cuenca, January 30, 1961. The last volume was Volume 25
Their decisions have not been published in official report
and the last case reported was People u. Estrmina, Dec. 29, s or in
1980. Except for the title, this set has the same features as books of secondary authority. Its judgments on matters of evidenc
e is
those of the Appellate Court Reports. Example of a citation is: usually respected, although there have been rare moments when its
Flores v. Vafpena, 2 C.A. Rep. 2d 64 (1962). opinion on points of law have been cited for persuasive influence.

(5) Court of Appeals Reports Annotated _ This

publication contains selected decisions of the Court oil Appeals.
f. Decisions of the Metropolitan 'Trial Courts, Mu-
nicipal Trial Courts and Municipal Circuit
It is compiled, annotated and edited by the edito Trial Courts
rial staff of
the Central Lawbook Publishing Co., Inc. Volum
e 1 contains Their decisions have likewise not been published in any ofti-
the selected decisions in 1986, while Volume
2 has the Janu- cial report or publication. The respective courts themselves are the
ary to June 1987 decisions. Its latest volum
e is Vol. 9 contain- only places where their decisions are found.
ins July-December, 1990 decisions. This is cited as: Valderrama
U. Bermejo, 1 CARA 585 (198
6). 2. Subordinate Decisions
a. The Senate Electoral 'hihunal and the House of
c. Decisions of the Sandiganbayan Representatives Electoral Tribunal
The Sandiganbayan a collegiate tria Senate
l court established by the Under the 1987 Constitution provides: "Sec. 17. The
Constitution to try crimes sentat ives shall each have an Electo ral
by public officers, publish and the House of Repre
ed the

-J*_
 176 LEGAL RESF.»*\RCH
CASE LAW
177
Tribunal which shall be the sole judge of all contests relating to
The U.R Law Cent
the election, returns, and qualifications of their respective er pr
epared a list of ad
and agencies exercising ministrative bodies
Members. Each Electoral Tribunal shall be composed of nin e quasi-judicial func
tions as follows;
Members. three of whom shall be Justices of the Supreme Court
1) Department f.'f Finonce
to be designated by the Chief Justice, and the remaining six
shall be Members of the Senate or the House of' Representatives a. Bureau of Internal Revenue
SS the CHSE may be, who shall be chosen on the basis of b. Bureau of Customs
proportional representation from the political parties and the Q. Insurance Commission
parties or organizations registered under the party-list system
represented therein. The senior Justice in the Electoral Tribunal d. Central Board oil Assessme
nt Appeals
shall be its Chairman e. Fiscal Incentives Review Board
The House of Representative have published the HRET Re in Phil, Export and Foreign Loan
Guarantees Corp
ports: Final Orders, Resolutions and Decisions Rendered g. Phil. Crop Insurance Corp.
seven volumes
2) Deporrmerz! 0fJus£ice
b. Administrative Agencies Exercising Quasi-Judicial
Powers a. Land Registration Authority
b. Commission on Immigration and Deportatio
(1) Agencies with implied quasi-judicial powers n (now
Bureau of Immigration)
These are agencies mostly with investigative functions. In Fact
all agencies may be said to enjoy implied quasi-judicial powers
3) Department of Agrieulture
Just to name a few examples, these are the Department of Foreign a. Sugar Regulatory Authority
Affairs, the Commission on Immigration and Deportation, the O17 b, National Irrigation Administration
Face of the President, Secretary of Justice. National Wages Council
c. National Meat Inspection Commission
Philippine Patents Ol7ice, Bureau of Land Transportation, Civil
Service Commission, Professional Regulatory Commission and the d. National Food Authority
Tanodbayan. e. Quedans Guarantee Fund Board
(2) Agencies with express quasi-judicial powers E Phil. Coconut Authority

These are agencies which are actually given judicial functions g. Bureau of Plant Industry
over cases which would otherwise go to the regular courts of justice 4) Department of Public Works and High uuoys
were it not for the grant of' such powers to these agencies. They are
a. Bureau of Research and Standards
sometimes characterized with specific appeal procedures under the
law. These are the Insurance Commission, the National Labor Rc- b. Metropolitan Waterworks and Sewerage System
lations Commission, Commission on Elections, Government Serv- C. Local Water Utilities Administration
ice Insurance System, Social Security System, Nation
al Seamen Department of Labor and Employment
Board, Commission on Audit, Employees' Compensati 51
on Commis-
sion, Civil Aeronautics Board, and other similar agencies. H. National Labor Relations Commission
b. phil. Overseas and Employment Administration

c. National Manpower and Youth Council

"°5ld., p. 131. d. National Maritime Polytechnic

l.
178 LEGAL RESEARCH
CASE LAW
_
e. Employees' Compensation Commission
d. Toll Regulatory Boar
E National Wages Council d
e. Civil Aeronautics
g. Bureau of Labor Relations Board
f. National Telecom
h. Bureau of Working Conditions munications Bure
g. au
Bureau of Air Trans
i. National Conciliation and Mediation Board portation (Air Trans
OrCa} portation
6) Department of Health 10) Others
a. Bureau of Food and Drugs s
l I a. Professional Regudalaory Co
mmission
b. Phil. Medical Care Commission b. Securities and Exchange Com
mission
c. Dangerous Drugs Board c. Social Security Commission
d. Bureau of Research and Laboratories d. Central Bank
e. Bureau of Licensing and Regulation e. Housing and Land Use Regulatory
Board
7] Department of 'Trade and Industry f. National Bureau of Investigation
a. Bureau of Trade Regulation and Consumer Protec- g. National Land Titles and Deeds Authority
tion h. Register of Deeds"
b. Videogram Regulatory Board
c. Board of Investments c. Publications of Administrative Agencies Exer-
cising Quasi-Judicial Functions
d- Bureau of Patents, Trademark and Technology
e. Export Processing Zone Authority Some administrative agencies exercising quasi-judicial fun
sons have published their decisions, while others have not, to wit
f. Garments and Textile Export Board
(1) Commission on Elections
g. Bureau of Product Standards
The COMELEC has not published its decisions.
8) Department of Enviromerzt and Natural Resources
a. Land Management Bureau (2) Civil Service Commission
b. Environment Management Bureau The decisions of the Civil Service Board of Appe8l8 have been
c, Forest Management Bureau published by author Rivera.

d. Mines and Geo-Sciences Bureau An annual compilation of selected Resolutions promulgated

by the CSC in its exercise of its quasi-judicial function has also
e. National Electrification Administration
been published. Many of the cases serve as precedents and basis of
K . The
National Quarantine Office decisions and opinions on related civil service legal issues
serve s as a hand y, ready reference for government
9) Department of Transportation
and Communications Case Dige st
public in gen-
employees, legal practitioners, law students and the
a. Land Transportation Franchising and
Regulatory eral.
Board
b. Maritime Industry Authority
c. Philippine Ports Authority we., pp. 133-13-5.
180 LEGAL RESEARCH
CASE LAW
181

(3) Commission on Audit The Lex Libris, pr

oduced by CD Asia,
Go has databases: provides the following
The COA Regulations and Jurisprudence, 1998 by J.V.
hed by Centr al Book Suppl y. Also, the COA Decisions
been publis 1. Laws (Philippine Ed
ed. ition), Vol. I;
Digest (1994 to 2000) by Reynaldo Montslbo has been publish
2. Taxation (Phil. Edition), Vol
. II;
(4) National Labor Relations Commission 3. Jurisprudence (The Philippine
Supreme Court Reports),
The NLRC has not published its decisions Vol. III;
4. Department of Justice (Opinions of
(6) Insurance Commission the Secretary), Vol.
W;
The office of the Insurance Commissioner has not published
5. Local Autonomy and Local Government, Vol.
its decision V,
6. Environment and Natural Resources, Vol. VI,
(6) Housing and Land Use Regulatory Board
7. Labor and Social Legislation, Vol. VII;
The Human Settlements Regulatory Commission Legal Di-
gest, 1981, 3 volumes have been published.

Department of Agrarian Reform Adjudication

! 8. Elections, Vol. VIII,
9. Trade Commerce and Industry, Vol. IX;

g
(7)
Board 10. Bangko Scntral fig Pilipinas, Vol. X;
A book entitled Jurisprudence on Agrarian Relations by bay 11. Securities and Exchange Commission, Vol. XI,
was published in 1973,
The Philjur also has databases on the decisions of the Philip-
(8) Securities and Exchange Commission pine Supreme Court. It contains a digitized compilation of the deci-
sions and resolutions of the Supreme Court. The 1st volume con-
The SEC Decisions, 1977-1981 was published by Legal Data- tains decision from 1901 to 1960. The second volume contains deci-
base Systems. sions from 1961 to 1994. lt is produced by Gigabytes Research
The decision malting powers of the SEC were transferred to Systems, Inc.
the regular courts by virtue of the Securities Regulation Code, RA
8799.

(9) Bureau of Internal Revenue

The Complete Numbered BIR Rulings by the Career Develop-
ment Center and the Digest of BIR Rulings by E.O. Ordono, 1986
to 1998 have been published.

(10) Intellectual Property Office

The IPO has not published its decisions.

d. Computerized Legal Research Services

Some of the decisions above-mentioned can
be sourced from
computerized legal research services.

day l
 LAW HOOKS GI' SECONDARY
AUTHORITY Las|

'BRC/E8of such American counterparts an thos f to La Re,

e
ports Annotated, the American Law Reports and0 the BUn wyem-
Court Reports (L, ed.). with modifications to its States
suit Philippine law
CHAPTER 6 2. Republic of the Philippines Digest. This public
ation
also by the Lawyers Cnnp dubbed "Republic Digest
for short
LAW BOOKS OF SECONDARY AUTHORITY starts from where the Philippine Digest leaves off, cover
all des
sons of" the Supreme Court from July 4, 194. through September
1958, puhliahed and unpublished. The set comprises Volumes 1 to 7
of digest paragraphs, classified under pertinent topics, and Volume
but
As earlier stated, works which are not primary authority 8 devoted to an alphabetically arranged table of eases
e legal provisi ons, judicia l decisio ns
which digest, discuss or analyz Vols. 9 to 1? cover decisions from 1958 Lo 1966. The last. Sup-
or define and explain legal doctrines and terms are considered
plement which came out in 1974 included cases from January 1967
secondary materials to December 1971
These secondary sources can help analyze a problem and pro
References tO American Jurisprudence and American Law
vide research references to both primary sources and other second Reports are made at points where a considerable body of Ameri
are materials can law dealing with the same subject exists, and to Philippine
They include Annotated Laws, the various Philippine nodes and the Rules of
Court, at points where the subject matter of the digest paragraph
1) Case Digests is largely controlled by statute or rule of court
2) Treatises and 'I`cxtbu»oks 3. Velayo's Digest. This publication covers not only the
3) Bar Reviewers decisions of" the Supreme Court but also those of the Court of Ap»
peels. The main set of' 25 vols. covers the leading cases of the
43 Legal Periodicals
Supreme Court and the Court of Appeals from 1942 to 1960. The
5) Legal Encyclopedia Digest in kept up to date by annual supplements; for 1961 in 3
vols., for 1962 in 4 vols., for 1963 in 4 vols.; for 1964 in 3 vols.; for
6] Law Dictionaries
1965, 1966, 1967 in 3 vols.; 1968 and 1969 in 2 vols. These supple-
ments continued up to decisions rendered in 19'i'3.
A. Case digests Cen-
4. SCRA Quick-Index Digest. This publication by
The first two volum es
Digests of cases are compilations of paragraphs containing tral Lawhook Supply, Inc. has three volumes. s
volum e cover
concise summaries of points in cases, grouped under appropriate condenses Volumes 1 to 36 of SCRA, while the third
y
. Ever year thereaft er,
headings the chief ofwhieh are alphabetically arranged. Each para- Volumes 37 to 61 also of SCRA up to 1974
graph in case digests is complete in itself when it has concisely and yearly dige sts have been com ing out.
accurately stated the point decided with reference to precise facts. sprudence- Authored
5. Compendium of Philippine Juri 12
1. Philippine Digest. This publication of Lawyers Coop. lished by Rex Book Store, lt. has
by Celsn L. Marino and pub the Sup rem e Court from
ns of
was designed as a companion set bo the Philippine Reports. It volumes containing digests of decisio
has 13 volumes covering the decisions of the Supreme Court pub- 1945 L0 1980.
C
lished in Volumes 1 to 75 of the Philippine Reports. It has a gen- er digests are: Armando
6. Other Digests. The oth vols. £1951
eral scheme of digesting cases and a system of numerous refer- Court Decisions. in 9
Castillo, Digest of Supreme nth ly Di ge st of Supreme
1964); Napoleon Garcia,
Complete Mo
1a2
 LEGAL RESEARCH
LAW BOOKS OF
SECONDARY AU
'I'HORl'l"l'

Court Decisions; Navarrete, Digest-Index (of Supreme Court Law on Public Of

Decisions), for 1957 and 1959; and Jurado, Leading Cases ficers and Electio
son n Law, 1997 Edi
Civil Law (Supreme Court), for 1958-1960, Daniel T. Martinez
Summary of Supreme Court Rulings, starting from 1986 to] Leveriza, J.R, Ethic
s in Government 19
lowing the topic classification in the bar examination, Jesus M 96 Edition
Martinez, D-T Law an
Elbinias, Philippine Judicial Weekly; and the Supreme Court d Jurisprudence
organization Adminis Government
tration and Ofiicera
Digest by a Supreme Court Committee Constitutional Law Ad Source Book
ministrative Law and Pu
cars blic OE
B. Treatises and Textbooks
Part I (Law), 1993 Edition
'Dreatises and textbooks are expositions by legal writers on
statutory law and case law pertaining to 8 particular subject and Part II (Jurisprudence), 1993 Edition
published in book form. This definition embodies a range of publi
cations, including multi-volume works, textbooks, and shorter mono~ Noliedo, The 1991 Local Government Code with Basic
graphs. Treatises and textbooks are usually able to treat a subject Features, 1991 Edition (Codal)
in greater depth than a legal encyclopedia, but not to the extent
The Local Government Code of 1991 Annotated, 1992
found in a periodical article Edition with 1998 Addendum
These treatises and textbooks are Administrative Code of 1987 with related laws. and
1) Administrative Law administrative issuances, 1996 Edition (Coral)

Agpalo, R.E., Philippine Administrative Law, 1999 Edi Barangny Justice Law, 1995 Edition
lion Paras, E.L-, The Administrative Code of 1987, 1996 Edi-
- The Law on Public Officers, 1998 Edition. tion (Co-dal).

Agra, A.C,, Compendium of Decisions, Rulings, Resolu- Pimenbel, Jr., A.Q., The Local Government Code of 1991:
tions and Opinions on Local Autonomy and Local Govern- The Key to National Development, 1993 Edition.
ment, 1996 Edition. - The Barangay and the Local Government Code, 1994
- Compendium on Local Autonomy and Local Govern- Edison.
ment, 1997 Edition. Rodriguez, RB., Administrative Law: Notes and Cases,
Aguilar, N.M., Fundamentals of the Law Jurisprudence 1998 Edition.
Annotated, 1995
on Local Government Ofhcinldom, 1997 Edition. - The Local Government Code of 1991
Agustin, V.L., The Barangay: The Basic Political Unit, Edition.
ent Annotated, 2000 Edi-
1992 Edition. Santiago, MD., Local Govomm
Aralar, R.B., Katarungang Pambarangay Rules and Ju- tion.
risprudence, 2000 Edition. ent Code (RA 7160) with re-
Sibel, J.A.R., Local Governm tive Code Pro-
titution and Administra
Cruz, C.L., Philippine Administrative Law, 1998 Edition. rated parts of the Cons m to 1995,
e Court Rulings fro 1942 Edition
visions, and the Suprem Co de , 19 96
- The Law of Public Officers, 1999 Edition, to the subject of the
arranged according
De Leon, H.S., Administrative Law: Text and Cases, l99B {Reprinted 1998).
Edition

.-
las LEGAL RESEARCH
LAW BOOKS OF
SECONDARY AU
TIIORITY
or
- The Law on Public Offices and Officers, 1993 Edition. l
Suarez, RA., Textb
ook on
- Administrative Law with Executive Order No. 292 and Taxation, 1995 Edition. Agrarian Reform, Cooperatives
(Administrative Code). 1999 Edition.
Tendero, A.R, Theory and Practice of Public Administra- 5) Arbitration Law
tion in the Philippines, 1993 Edition. Lopez, J.V., Private Justice: Altern
ative Dispute Resolu-
Tungol, M., Primer on the Local Government Code and son in the Philippines, 1996 Edition
.
How to Improve Your Barangay, 1995 Edition. Rodriguez, R.B ., Philippine Arb
itration and the
- Primer on Local Government Code at Kung Piano UNCITRAL Model Law, 1996 Edition.
Mapapaunlad ang lnyong Barangay, 1995 Edition.
6) Banking
Ursal, S.B., I-Ianbuk so Pangangasiwa fig Pananalapi so
Barangay, 1996 Edition. Rodrip,'11ez, R.B., The Laws on Banking and Finance in
the Philippines, 1999 Edition.
UPLC, The Local Government Code: An Assessment, 1999
Edition. Viral, A.V. and Tabios, S.S., Casebook on Banking, 1994
Edition (Reprinted 1997)-
- Handbook on Bank Deposit, 1998 Edition.
2) Agency
- Cheeks: A Source of Legal Materials on Checks.
Aquino, R.C., Civil Code, Vol. 3, 1 9 0 Edition.
De Leon, H.S., Comments and Cases on Partnership, 7) Building Code
Agency and Trusts, 1999 Edition. PLG, The National Building of the Philippines and its
Paras, E.L., Civil Code, Vol. 5, 2000 Edition implementing males and regulations, 1997 Edition.

Tolentinu, A.M., Civil Code, Vol. 5, 1992 Edition.

8) Business Law
Private
3) Agrarian Reform Agbayani, A.F., Handbook on Partnerships and
Corporations, 1998 Edition.
Barts, R.P.. The Law on Agrarian Reform, 1991 Edition. Contracts,
De Leon, H.S., The Law on Obligations and
Jovan, R., Agrarian Reform Laws in the Philippine Set- 1999 Edition.
ting, 1993 Edition. Private Corporation,
- The Law on Partnerships and
Suarez, R.A., A Mile to Go for Genuine Land Reform in 1997 Edition.
s,
the Philippines, 1995 Edition. y and Credit hansaetion
- The Law on Sales, Agenc
1999 Edition.
ess Law, 1994 Edi-
4) Agrarian Reform (With: Taxation and Cooperatives) _ Comprehensive Review of Busin
De Leon, I-LS., Textbook on Agrarian Reform, and Taxa- son.
Edition.
of Taxation, 2000
tion with Cooperatives and CARP, 1998 Edition.
- Comprehensive Review sfer and
Nolledo, J.N., Principles of Agrarian Reforms, Coopera- et ul., Ph ili pp ine Taxes on Tran
Llamado, C. R.
tives and Taxation, 1999 Edition. on.
Business, 1998 Editi
 1 -

LEGAL RESEARCH LAW BOOKS OF

190 SECONDARY AUTH
ORITY
un
Villanueva, C.L Ph
12) Civil Procedure (See Rules of Court) ilippine Commercia
l Law, 1998
lion Edi
13) Civil Service Law Philippine Corporate
Law, 1998 Edition
Grande. A-G., Handbook on Investigation of Administra
Service, 1999
time Disciplinalry Cases in the Philippine Civil 16) Constitutional Law
Edition
Leveriza. J.R, Ethics in Government, 1996 Edition
I
_Bernas, J.G., The Constitution of the Republic of the
Philippines AComlnenta r3r 1996 Edition
Martinez D.T., Law and Jurisprudence on Government
Constitutional Structure and Pow
Organization Administration and Officers: A Source Book ers of Government,
on Constitutional Law, Administrative Law and Public Of Notes and Cases, Part I, 1997 Edition
fencers Constitutional Rights and Social Demands Notes
and
Cases, Part II, 1996 Edition
Part I (Law), 1993 Edition
The Intent of the 1987 Constitution Writers. 1995 Edi
Part II (Jurisprudence), 1993 Edition
son.
14) Commercial Law
Foreign Relations in Constitutional Law, 1995 Edi-
Agbayani, A.R, Commentaries and Jurisprudence on the son.
Commercial Laws of the Philippines, 4 Vols
Co-quia, J.R., Human Rights: An Introduction Course, 2000
Vol. 1, Negotiable Instruments Law and Allied Laws, 1992 Edition.
Edition
Cruz, LA., Constitutional Law, 1998 Edition.
Vol. 2. Insurance Law and Allied Laws, 1991 Edition
Decano, AB., The Exclu8ionary Rules and Its Rationale,
Vol. 3, Private Corporations and Allied Laws, 1996 Edition- 1997 Edition.
Vol. 4, Transportation and allied laws, 1993 Edition, De Leon, H.S. and Logue, EE., Textbook on the New Phil-
Martin, T.C., Commentaries and Jurisprudence on the ippine Constitution, 1999 Edition.
Philippine Commercial Laws, 4 Vols. - Philippine Constitutional Law: Principles and Cases,
Vol. 1, Negotiable Instruments Law and Related Laws, 1988 2 Vols., 1999 Edition.
Edition. Vol. 1, 1999 Edition.
Vol. 2, Insurance Code and Related Laws, 1986 Edition. Vol. 2, 1999 Edition.
cy and the Constitu-
Vol. 3, Transportation and Related Laws, 1989 Edition. Elma, M.B,, The Aquino Presiden
tion, 1993 Edition.
Vol. 4, Corporation Code and Related Laws, 1986 Edition.
itution, Annotated and Com-
Nolledo, J.N., Commercial laws of the Philippines, 1994 Paulino, B.P., The New Const
Edition (Codall. mented, 1990 Edition.
es, 1997
tionalism in the Philippin
Rodriguez, R.B., The GATT and WTO' An Introduction, Rodriguez, R.B., Constitu
1998 Edition. Edition.
Cases:
tional Law, Text and
UPLC (Santiago, J.S.S.J, World Bulletin Special Issue on Santiago, M.D., Constitu
0 Edition.
Economic Regionalism, 1996 Edition. Vol. 1 - Political Structure, 200
 EGAL RESEARCH I' LAW BOOKS O
F SECONDARY
AUTHORITY
Vol. 2 - Bill of Rights. 2000 Edition.
Vol. l 1990 Editi
Constitution Annotated, 1999 Edition on (Reprinted 19
99)
Vol. 2 1990 Editio
Sihal, J.A.R.. The Constitution of the Republic of the n (Reprinted 1996
)
Philippines 1987 with Explanatory No toa and Konstitusyon Canlaa, E.c Han
dbook on suwlm
fig Republika fig Pilipinas. 1994 Edition.
rectors, 1984 Edition , Stockholders an
d Di
Constitutional Law (SCRA Annotations), 1987 Edi- Do Leon, H.S Corpo
notated 1999 Ed ration Code of the P
dion ition hilippines An

Simon. C.V. Constitutional and Legal Systems of Asian Lopez, R.N., The Corporat
Annotated, 3 Vols 1994 ion Code of the Philippin
Countries. 1990 Edition Edition es

Suarez. R.A Principles, Comments and Cases in Consti- Martin, T.C., Commercial Law
s, Vol. 4, 1986 Edition
tutional Laws Paras, E.L., et of Corporate Law
Practice and
Vol. 1. 1999 Edition
, n 1994 Edition
o i t a g i t i L
Vol. 11. 2000 Edition Rodriguez, R.B., The Corporation Code of
the Philippines
1999 Edition
UPLC. Constitutional Law:
Santiago, M-l'),, Corporation Code Annotated
bl. 1. 1990 Edition , 2000 Edj-
Lion.
Of, 2. 1990 Edition
Tabios, S.S., Action Guides for Corporate Legal Manage-
Vol. 3, 1990 Edition rent. 1991 Edition.
Vol. 4, 1990 Edition. Villanueva, C.L., Philippine Corporate Law, 2001 Edition.

16) Construction Law

19) Credit Transactions
Fernandez Jr., B-C., A Treatise on Government Contracts
De Leon, H.S., Comments and Cases on Credit 'I\'alnsac-
Under Philippine Laws, 1996 Edition.
tions, 1999 Edition.
Parlade, C.O., Construction Arbitration, 1997 Edition. Rodriguez, RB., The Law on Credit Trnnlsactions, 1992
Edition.
17) Cooperative
Aquino, A. "Butz,"' Primer on the Cooperative Code of the
20) Criminal Law (Penal Codes
Philippines, 1991 Edition.
on and Rem-
Aguilar, N-M., Criminal Actions, Prosecuti
edies, 1998 Edition.
18) Corporation Law
Penal Code, 3 Vols., 1997 Edi-
Aquino, R.C-, The Revised
Agbayani, A.F., Commercial Laws, Vol. 3, 1996 Edition. son.
Agpalo, R.E., Comments; ,r the Corporation Code of the tion [RP 200 0).
Vol. 1, Arts. 1-113, 1997 Edi
l
Phils., 2001 Edition.
Edition.
Campos, Jr., J.C. and Lopez-Campos, M.C., The Corpora- Vol- 2, Arts. 114-266, 1997
7 Edition.
tion Code: Comments, Notes and Selected Cases,
2 Vols. Vol. 3, Arts. 267-367, 199

un . r
194 LEGAL RESEARCH
LAW BOOKS OF
SECONDARY Au1*H
omT"r

Coronel. A.R. Libel and the Journalist, 1991 Edition 21) Education Act
Kapunan Jr., R., Criminal Law, Book I, 1998 Edition Dizon, A.. Education
Act of 1982 Annotated
1990 Edition
Kho, D.L., Businessmen's Guide on Bouncing Checks Jimenez, J.B., Current Iss
ues/Problems Legal
2000 Edition , n 1992 Edition
o i t a c u d E
Lat, I.C., Handbook on Bates Pambansa Blg. 22 and Nolledo, J.N., The Education Act
of the Philippines, An
Estafa. 1998 Edition notated, 1995 Edition
Noble, M., The Anti-Graft and Corrupt Practices Act, Ex
22) Election Law
plained and Annotated, 1994 Edition
Agpalo, R.E., Comments on the Omnibus Election Code
Nitafan, D.G., Notes and Comments on the Bouncing 1998 Edition
Checks, 1995 Edition (Reprinted 1997)
Agra, A.C., A Q&A Primer on the Philippines Party-List
Annotations on the Dangerous Drugs Act (RA No System, 1997 Edition
6425). 1995 Edition
Calderon, A.M., Omnibus Election Code. 1998 Edition
Padilla, A.. Criminal Law - Revised Penal Code Anno {Codal]
rared, 4 Vols., 1988-1990, 1998 Edition with 1992 Supplement Igor. R.B., Primer on the Anti-Dagdag-Bawas and Party
Vol. 1, Arts. 1-45, 1998 Edition List System, 1998 Edition

Vol. II, Arts. 46-113, 1988 Edition. Martinez. D.T., Law and Jurisprudence on Suffrage and
Elections, 1992 Edition,
Vol. III, Arts. 114~266, 1989 Edition. I
- 1995 Supplement to Law and -Jurisprudence on
r

Vol. iv, Arts. 267-367, 1990 Edition, Suffrage and Elections.

l
Governing
1992 Supplement for Criminal Law. Rodriguez, R.B., The Laws and Regulations
l Elec tions , 199B Editi on.
Palattao, R.G., The Revised Penal Code Made Easy, Book The 1998 National and Loca
I, 1998 Edition.
23) Evidence
Regalado, F.D., Criminal Law Conspectus, 2000 Edition. lippine Jurisprudence, 1991
Echoes, V.B., Evidence in Phi
Reyes, L.B., The Revised Penal Code, 2 Vols., 1998 Edition. Edition.
J.
Revised by Justice Ricardo
Vol. 1, Arts. 1-113, 1998 Edition. Francisco, V.J. (Updated and -
Francisco), Revised Rules of
Court - Evi den ce:
Vol. 2, Arts. 114-367, 1998 Edition.
Part I, 1997 Edition.
Rodriguez, R.B., The Sandiganbayan, The Ombudsman,
The PCGG, The Anti-Graft Laws, and the Code of Conduct Part II, 1997 Edition.
99 Edition.
for Public Officers' The Laws, Rules of Procedure and Cases, - Basie Evidence, 19 ence):
2000 Edition. medial Law (Evid
Herrera, OM., Re
on.
Sangco, J.C.S., Handbook on Probation, 1995 Edition. 8-130, 1999 Editi
Vol. 5, Rules 12
on.
Santiago, MD., Penal Code Annotated, 1999 Edition. 1-133, 1999 Editi
Vol. 6, Rules 13
 LEGAL RESHARCII
LAW nooks
OF S2XX>NNA
RY AUTII(}PlTY

Padilla. A.. Evidence Annotated Amador, V.B Tradem

Vol. 1. 1992 Edition erty Code, 1999 ['dilinn ark Under the Intellectua
l Pmp
Vol. 2. 1994 Edition Copyright Unde
r the Intellectua
Edition l Property Code
Sibal, J.A.R. & Salazar, Jr., J.N., Compendium on Evidence 1998
1995 Editiull Aquino. R.C Intell
ectual Property La
Annotations 1998 Ed w: Comments and
Tabios, S.S., Action Guides on Evidence: A Case Manage ition
rent Guidebook Madrilejos, A.M Registration and Pro
mm-ks, etc.. 1999 Edition tection of Trade
Vol. 1, Acquisition and Admissibility of Evidence, 1997 Edi
son
27) International Law (Public
Vol. 2, Presentation and Quantification of Evidence, 2000 Edi and Private)
son Aquino. R.C.. Private Internationa
l Law, 1998 Edit ion
24) Firearm Law Coquia, J.R. and Pangulangan, E.A., Conl
lict of Laws. 1995
Edition
Ulep, M.C., The Law on Firearms and Explosives, 1999
Edition Coquia, J.R. and Santiago, M.D., International Law. 1998
Edition
25) Insurance Cruz. LA., Philippine International Law, 1998 Edition
Agbayani, A.F., Commercial Laws, Vol. 2. 1991 Edition Paras, E.L-, Philippine Conflict of Laws, 1996 Edition
_ De Leon, H.S., The Insurance Code of the Philippines International Law and World Politics, 1994 Edition
Annotated, 1998 Edition.
Szilnnga, J.R.. Private International Law, 1995 Edition.
- The Law on Insurance with Insolvency Law, 1998
Edition. Santiago, MD., International Law, with Philippine Cases
and Materials and Asian Instruments, 1999 Edition.
- The Law on Insurance and Sales, 2000 Edition.
Rodriguez, R.B., The Insurance Code of the Philippines 28) Introduction to Law
Annotated, 1999 Edition.
Gamboa, M.-I.. An Introduction to Philippine Law, 1969
Martin, T.C., Commercial Laws, Vol. 2, 1986 Edition. Edition (Reprinted 1996).
n.
Tiopianco, T., Commentaries and Jurisprudence on the Lizaso, M-T., Introduction to Law, 1991 Editio
Insurance Code, 1992 Edition.
Edition.
Rodriguez, R.B., Introduction to Law, 2001
- New Insurance Reviewer (Life and Non-Life), 1992 Edi-
, 1995 Edition.
son. Suarez, R.A., Introduction to Law

26) Intellectual Property 29) Investments Law

ent Laws of the Phihppmes, 1997
Agpalo, R.E., The Law on Trademark, Infringem Rodrigwll R.B., Investm
ent and
Unfair Competition, 2000 Edition. Edition.

L
 198 LEGAL RESEARCH
LAW BOOKS OF SE
CONDARY AUTHOR
ITY

30) Judges and Courts

For, V.B., Labor Co
de of the Philippin
Aguilar, N.M., Practice and Procedure Before the Infe- (Codal). es, 2000 Edition
rior Courts with Bail Bond Guide of 1981, and pertinent SC Guevarra, D.G., Unyonis
Circulars. 1996 Edition mo so Pilipinaa, 1995 Ed
ition
Mazialac, Philippine Lab
Gubat, M.M., The Special Rules of Procedure Governing or Laws a d Jurisprudenc
Edition. e. 19
the Sllari'a Courts Annotated. 1995 Edition,
Martinez, D.T.. Law and Jur
isprudence Labor and
Nitafan, D., Primer on the Judicial Power, 1991 Edition Social Legislation, 3 Vols.
Pane, E.C., The Trial Judges Workbook, 1986 Edition. Vol- I, Laws and Regulations, 1995 Edit
ion
The Judiciary and the Bar Judges, Lawyers, Court.; Vol. Il-A, Jurisprudence, 1995 Edition
and Other Legal Essays With a History of the Supreme Court, Vol. II-B, Jurisprudence, 1995 Edition.
1995 Edition
Nnlledo. J.N_, The Labor Code of the Philippines, 1999
Quiason, C.D., Philippine Courts and Their Jurisdictions, Edition [Codal}.
1993 Edition
Po-quiz, S.A.. Labor Relations Law with Notes and Com-
Rodriguez, R.B., The Sandiganbayan The Ombudsman, ments, 1999 Edition.
The PCGG. The Anti-Graft Laws. and the Code of Conduct
for Public Officers: Laws. Rules of Procedure and Cases, Edition.
_ Labor Standards Low with Notes and Comments, 1999
2000 Edition
Rodriguez, R.B.. Labor Relations Law with Notes and
Manual on Jurisdiction and Directory of Courts and Cases, 1999 Edition.
Agencies Involved in the Administration of Justice, 2000 Edi-
Sihal, J.A.R.. Philippine Labor Jurisprudence and Prac-
tion.
tice, 1997 Edition.
Lingus. RD., Labor Code of the Philippines Annotated, 2
31) Labor and Social Legislation vols.
Amador, V.B.. The Law on Strikes, 1999 Edition. Vol. 1, 1996 Edition
- Labor Standards Administration, 2000 Edition. Vol. 2, 1998 Edition.
UPLC (Arroyo, B.V.C.t, The Laws and Jurisprudence
Azucena, C.A., The Labor Code: Comments and Cases. 2 on
vols. Retirement, 1998 Edition.
Vol. 1, 1999 Edition
321 Land Titles and Deeds
Vol. 2, 1999 Edition. Related Proceed-
Aquino, AD-, Land Registration and
- Everyone's Labor Code, 2001 Edition. ings, 1997 Edition.
E.H., Registration of Land
Chan, J.G., Law on Labor Relations and Termination of Noblejas, A.H. and Noblejas,
ition.
Employment Annotated, 1996 Edition. Titles and Deeds, 1992 Ed
and Deeds,
tration of Land Titles
- Law on Labor Standards and Social Legislation An- Pena. N., et al., Regis
notated, 1997 Edition. 1994 Edition.

ah..
 33) Legal Ethics
LEGAL RESEARCH

Agpalo, R.E., Legal Ethics, 1997 Edition

Bara-Acal, Am
_
LAW BOOKS O
F SECONDAR
Y AUTHORIT

Status in the Phil .. and Astih, AJ., Muslim Law

ippines, 1998
Y

on Pemnm
Code of Professional Responsibility for Lawyers, 1991 Edition.
Razul, J.D., Th
Edition e Family Code
Edition and the Muslim
Code, 1994
Domondon, A.T., Legal and Judicial Ethics, 1999 Edition
37) Natural R42s0urces
Pineda, E.L., Legal and Judicial Ethics, 1999 Edition
Pena. N., phil- 'n
Sangco, J.C.S., Legal Ethics, 1996 Edition Edition 'PPI B Law on Natural Reso
urces. 1997

34) Legal Medicine 38) Negotiable Irlstrume

nts Law
Nitafan, D.G., Annotations on the Dangerous Drug Act Agbayani, AE , Commerc
ial Laws, Vol.1, 1992 Edition.
1995 Edition Campos, J.C and Campos, Ma
. C Notes and Selected Cas
Solis, R, Legal Medicine, 1987 Edition OD Negotiable Instrum
ents Law 1994 Edition (Reprin es
ted 1999)
Medical Jurisprudence, 1988 Edition De Leon, H .S.. The Philippine Neg
otiation Instruments
Law Annotated 1996 Edition

35) Legal Research and Writing Martin. T.C., Commercial Laws, Vol. 1.
1988 Edition.
Barth, R.P., Legal Counseling width Notes on Practicum 39) Obligations and Contracts
and Court Practice. 1997 Edition
Aquino, R.C., Civil Code, Vol. 2. 1990 Edition
Gupit Jr., F. and Martinez, D.T., A Guide to Philippine
Legal Materials, 1993 Edition. Do Leon, H.S., Comments and Cases on Obligations and
Contracts, 1993 Edition
Excerpts from a Guide to Philippine Legal Materials
1995 Edition Jura-do, D.R, Comments and -Jurisprudence on Obliger
sons and Contracts. 1993 Edition
Javines, F., Legal Writing: Logic and Language in Law,
1993 Edition. Paras. E.L.. Civil Code. Vol. 4, 2000 Edition

Sangco, J.C.S., Legal Writing, 1995 Edition Rodriguez, R.B., The Law on Obligations and Contracts,
1987 Edition
|
I
Ulep, M.C., A Handbook on Legal Counsellings and Inter-
viewing, 1997 Edition. Sta. Maria, MS., Obligations and Contracts: Text and
Cases, 1997 Edition
Philippines, Vol. 4, 1991
36) Muslim Law Tolentino, AM., Civil Code of the
Edition-
Alauya, S., Muslim Inheritance Law, 1989 Edition
Quizzer in Muslim Personal Law. 1993 Edition 40) Parliamentary Law
ition
entary Rules, 1992 Ed
Arabani, B., Commentaries on the Code of Muslim Per- Orendain, A , Parliam
Edition
sonal Laws of the Philippines, 1990 Edition. rliamentaryo. 1989
Mga Tuntuning Pa
 LEGAL RESEARCH LAW BOOKS OF
' SECONDARY AU
THORITY

ised by Evans) Sta. Maria, Jr., M.,

Robert's Rules of Order, 1990 Edition (Rev 1999 Edition
Persons and Fa
mily Relations La
w
Tolentino, A.M Ci
41) Partnership vil Code of the Ph
Edition ilippines, Vol. 1, 19
90
Aquino, R.C., Civil Code, Vol. 3, 1990 Edition
Bautista, E.. 'treatise on Philippine Partnership, 1995 43) Philosophy, Legal
Edition
Aquino, R.C A Philosophy of Law,
1994 Edition
De Leon, I-LS., Comments and Cases on Partnership Pascual. C Introduction to Legal Ph
Agency and Trusts, 1999 Edition Edition ilosophy, 1997
Paras E.L.. Civil Code of the Philippines, Vol. 5, 2000
Edition 44) Political Law

Tblentino, A.M., Civil Code of the Philippines, Vol. 5, 1992
Edition
42) Persons and Family Relations
Albano, Ed V.S., Family Code of the Philippines, 1997
Edition.
Aquino, R.C., Civil Code, Vol. 1, 1990 Edition
Bara-acal, A.M. & Astih. A.J.. Muslim Law on Personal
Status in the Philippines, 1998 Edition
Diy, A.V., Handbook on the Family Code of the Philip
pines, 1995 Edition (Reprinted 1999)
Bernal, J.G., The Constitution of the
Republic of the
Philippines - A Commentary, 1996 Editi
on
Cruz, I.A., Philippine Political Law, 1998 Editio
n
Jimenez, J.D., Political Law Compendium, 1996 Editio
n
45) Property
Aquino, R.C., Civil Code, Vol. 1, 1990 Edition
De Leon, I-LS., Comments and Cases on Property, 1998
Edition
Nolledo, J.N., Philippine Law on Property, 1995 Edition
Pineda, E-iL., Property, 1999 Edition

Paras, E.L., Civil Code of the Philippines, Vol. 1, 1998 Paras, E.L., Civil Code of the Philippines, Vol. 2, 1999
Edition. Edition

Pasimio, RR., The Family Code of the Philippines, 1998 Tolentino. AM.. Civil Code, Vol, 2, 1992 Edition
Edition.
Pineda, E.L., Civil Code of the Philippines: Persons (Book 46) Rental Law
and
I). 2000 Edition. Sia. C.O.. The New Rent Control Law: Questions
ded By RA 8437
Pineda, E.L., The Family Code of the Philippines Anno Answers on Bates Pambansa Big. 877, as exten
rared, 1999 Edition up to the year 2001, 1998 Edition

Razul, J.D., The Family Code and the Muslim Code, 1994
Edition. 47) Roman Law ..
Rodriguez, R.B., The Family Code of the Philippines, 1995 Coquia, J.B., Principles of Roman Law, 1979 Edmtmon u
Edition. printed 1998)
 204 LEGAL RESEARCH'
LAW BOOKS OF
SECUNDARY AU
THORITY
Mimvibe, L.E, Handbook on Roman Low, 1972 Ediljun (Re
printed 1991)-
Suarez, R.A., Comparative Study: Roman Law and Juris
prudence, 1989 Edition.
32:3 :I::' ::;:;:;°:six :i'
Gaye E.L Civil P
, .
1, 1997 Edition.
' rocedure_ 1999 Edition
Gubat, MM The 1997
48) Rules of Court Rules of Civil Proc
rared, 2000 Edition edure Anno-
Aguilar, N.M., Criminal Actions, Persecution and Rem Gupit, F., Significant
dies, 1998 Edition (Reprinted 2000). Revisions Civil Procedure 1998
Edition
- Practice and Procedure Before the Inferior Courts Herrera, O.M., Remedial Law
1996 Edition.
Vol. 1, Rules 1-23, 2000 Ed
- The New Rules on Ejectment, 1999 Edition ition
Vol. 2, Rules 24-56, 2000 Edition
Apostol. S.A.F., Essentials of Special Proceedings, 2000
Edition. Vol, 3, Rules 57-71, 1999 Edition

Aquino, A.D.. Law and Jurisprudence on Ejectmcnt, 1997

Vol. 3-A, Rules 72-109, 1996 Edition
Edition. Vol. 4, Rules 110-127, 1992 Edition
Aquino, H.Y.. Aspects of Jurisdiction, 1999 Edition Vol. 5, Rules 128-130, 1999 Edition
Balgos, M.0.T., Handbook on the Law on Pleadings, 1983 Vol. 6, Rules 131-133, 1999 Edition
Edition.
Vol. 7, Comments on the 1997 Rules of Civil Procedure. 8.8
Bernardo, O.B-, The Law on Certiorari. Prohibition amended (Rules 1-71, Rules of Court), 1997 Edition
Mandamus, Restraining Order and Injunction, 2000 Edition
A Handbook on Arrest, Search and Seizure and Cus
- Criminal Procedure Annotated. 2000 Edition todial investigation, 1994 Edition
-- The Book on Judgments, Appeals and Execution, 1999 Lnureta, WG., Commentaries and Jurisprudence on In
Edition. junction, 1989 Edition

Bersamin, L.R, Appeal and Review in the Philippines
2000 Edition.
Esbebal, A.C., Law on Arrest, 1996 Edition
Echavez, V.B., Evidence in Philippine Jurisprudence, 1990
Edition.
Feria, J., 1997 Rules of Civil Procedure, Rules 1-71. Rules
of Court. 1997 Edition.
Francisco, V J. , The Revised Rules of Court in the Philip
pines'
Vol. IV, Frovisional Remedies, 1998 Edition
Manalasm, D.A., The Law on Ejectment, 1999 Edition
Moran. M.V.. Comments on the Rules of Court
Vol. 1. Civil Procedure. Rules 1-23, 1995 Edition
Vol. 2. Civil Procedure, Rules 24-56, 1995 Edition
Vol. 3. Provisional Remedies, Special Civil Actions and Special
Proceeding, Roles 57-109, 1997 Edition
Nolledo. J.N., Handbook on Criminal Procedure Anno
rared. 1994 Edition
Olivares, N.T., A Layman's Guide m Court Procedures: A
Handbook on Lawsuits, 2000 Edition

A
 LEGAL ntzsmanc LAW BOOKS O
_
F SECONDAR
Y AUTHORIT
_Y

Padilla. A.. Evidence Annotated

61) Sl6lI.lbur_y C°o8'¥!"uction
Vol. 1. 1992 Edition
Vol. 2. 1987 Edition A"":l,.'3155§:23 ¢T.'1::°'.°"
Pleaders Guid son
e to Quotat'
1998 Edition
1999 Edition
Pamaran. M.R.. 1985 Rules on Criminal Procedure, An
notated. 1999 Edition wry Construction, 1991
Edition ODS and Citations in Statu
Paras. E.L.. Rules of Court Annotated, Rules 128-134, Vol Rodriguez, R.B Statutor
y Construction 1999 Edition
4. 2000 Edition Sibel, J.A.R Statutory Construction 1994
Edition
Quiason, C.D., Philippine Courts and Jurisdictions, 1993
Suarez, RA Statutory Constru
Edition ction, 1993 Edition
Regalado, RD., Remedial Law Compendium 62) Succession, Wills

Vol. 1. Rules 1-71, 1999 Edition Aquino, R.C., Civil Code

, Vol. 2, 1990 Edition
Vol. 2. Rules 72-134, 2000 Edition Balance, R.F., Jottings and
Jurisprudence Civil Law
(Succession), 1998 Edition
Rodriguez, RB., The U.S. "RICO" Law and Federal Crimi
al Procedure: Their Adaptability in the Philippines, 1996 De Leon, H.S., Comments and Cases
Succession. 1993
Edition Edition

Santiago, M.D., Rules of Court Annotated, 1999 Edition Jurado, D.P., Comments and Jurisprudence
Succes
sign. 1993 Edition
Sibal, J.A.R. and Salazar, Jr., J.N., Compendium on Evi
deuce. 1995 Edition Nolledo, J.N., The Inheritance Law in the Philippines
1996 Edition

49) Sales Paras, EL., Civil Code, Arts. 774-1106, Vol. 3. 1999 Edition
Aquino, R.C., Civil Code, Vol. 3, 1990 Edition Pineda, E.L., Succession. 1998 Edition

De Leon. H.S.. Comments and Cases on Sales. 2000 Edi Tolentino. A.M., Civil Code, Arts. 774-1105. Vol. 3. 1992 Edi
son son

Paras. E.L.. Civil Code. Arts. 1458-2270. Vol. 5. 2000 Edi 53) Tariff and Customs Code
son
PTC. Tariff and Customs Code of the Philippines: Han
Tolentino, A.M., Civil Code, Arts. 1458-2270, Vol. 5, 1992 monized Commodity Description and Coding System, Vol. 1,
Edition. 1998 Edition.
II
Villanueva, C.L., Philippine Law on Sales, 1998 Edition, PTC, Tariff and Customs Code of the Philippines, Vol.
1998 Edition.

_
ity Classification
50) Securities Act PTC, Compendium of Tariff Commod
Balbastro, A.E., Handbook on Jurisdiction of the Securi- Ruling, 1998 Edition.
the Revised 'Dariff and
ties and Exchange Commission and Other Intra-Corporate Tejam, MA., Commentaries on
Case, 1992 Edition. Customs Code, 4 Vols.:
 LEGAL RESEARCH
LAW BOOKS D
F sEcormAH
'r AUTHORITY
Vol. 1, Secs. 100-104 and Chapters 1-38, 1991 Edition
Santos, G.T
Vol. 2, Chapters 39-84, 1992 Edition tice And Ti'end Taxation Con
1999 Edition cepts. Princip
les, Prac-
Vol. 3. Chapter 85-90, 1984 Edition Tabios, S.S., A
ction Guides fo
r Tax Managem
Vol. 4, Chapters 91-99 and Secs. 105-4704, 1986 Edition Vol. 1, Income, Es ent
tate and Donors
Taxation, 1994 Ed
Customs Brokers Reviewer (1979, 1981, 1983 and 1987 Vol. 2, Value Ad ition.
ded and Gross Re
Examinations). 1989 Edition (Reprinted 1996) ceipts Taxation, 19
96 Edi
Vol. 3, Excise Taxa
tion and Tax Remedie
s, 1995 Edition
54) Taxation Tomacruz, A.L and
Tabioe, S.S., Resour
Taxation ce Handbook
Go, J.V., Commission on Audit Regulations and Juris
prudence, 1998 Edition Vol. 1, Income Tax, 19
88 Ed ition
Gonzales, E.G., National Internal Revenue Code of 1979 Vol. 2, Estate, Donor an
d Value-Added Taxes, 198
With Annotations and Implementing Regulations, 1999 Edi 9 Edition
Vol. 3, Other Business Tax
es, 1994 Edition
Villanueva, A.A., Taxation
De Leon, H.S., The Fundamentals of Taxation. 2000 Edi Sirnpliiied, 1999 Edition
Vitug, J.C. and Acosta, E.D., 'Dax
Law and Jurisprudence
2000 Edition
The Law on Transfer and Business Taxation, 2000
Edition
55) Torts and Damages
The Law on Income Taxation, 1998 Edition
Decano, A., Torts and Damages, 1996
National Internal Revenue Code Annotated, 2000 Edi Edition
Sangco, J.C.S., Torts and Damages, 2 Vols
Llamado, C.P!, et al,, Philippine Taxes on Transfer and Vol. 1, 1993 Edition
Business. 2000 Edition
Vol. 2, 1994 Edition
Philippine Income Tax. 1998 Edition
Sison, C.V., Handbook on Damages, 1993 Edition
Lukban, J.R and Tabios, S.S., Principles and Remedies for
Suarez, R.A., Torts and Damages, 1995 Edition
Income Tax Management. 1993 Edition

Nolledo, J.N., The New Expanded VAT Law (RA 7716) 56] Transportation, Adizniralty and Maritime Law
1995 Edition
Agbayani, A.F., Commercial Laws, Vol. 4, 1993 Edition
Ordono, E.O., Utilizing the Taxpayer's Statement of
As
sets, Liabilities and Network Tax Investigation and As Bolado, R.C. and Idulan, J.L., Comprehensive Text and
sessment, 1999 Edition Reviewer in Marine Engineering, with Recent Questions and
Answers on the Computerized Marine Engine Officers
Philippine Tax Treatises, 1997 Edition
Licensure Examination, 1993 Edition
Santiago, M.D., National Internal Rev
rared, 2000 Edition
enue Code Anno Campo, A., Maritime Law I, 1993 Edition
 LEGAL RESEARC
LAW BOOKS O
F SECONDARY
AUTHORITY

Hernandez. E.F. and Penasales, A.A., Philippine Admiralty C. Bar Reviewers

and Maritime Law, 1987 Edition
Martin, T.C., Transportation and Related Laws (Vol. 3
Commercial Laws), 1989 Edition 1~,ea€"'"ZI:§l£',,tb'§;',.,,°"° materials could be claseilicd unde
* r
ams, we will treat this se1 because of the
ioipvrtance of the ba
Rodriguez, R.B., The Law on Transportation, 1997 Edi pa ra tel y. Ba r
helpful to fourth ye r
ar law students and
those wro Song lfsrathevb U
The Regulatory Laws and Cases on Lamd, Water, and They are also ver imp
they present a concis
y ortant to legal resear
chers lJecsusel
Air Transportation in the Philippines, 1999 Edition e presentation of the law
leading Supreme Court decisions . , legal doctrines and
Tiopianco, C.P., Handbook on Philippine Motor Car Poli capsulized form. They
ally very current and inc
cies. 1994 Edition lude the latest SC decisions
VenWsn. F.T. and Bartolo, D.L., International Regulations diumA" example is Florenza Regaladds Remedial Law Com
for Preventing Collisions at Sea, 1994 Edition which is not only a good rev ped
iewer but is also very helpfu
legal research l
Tanker Safety, 1994 Edition
Maritime Ethics. 1994 Edition These reviewers are
Ventosa. RT.. Useful Tables for Maritime Schools, 1994 Albam), Ed. V.S., Civil Law Reviewe
r, 1998 Edition
Edition
Remedial Law Reviewer, 1998 Edition
Knowledge Re-Ship Business for Maritime Schools
1994 Edition Political Law Reviewer. 1998 Edition
Safety of Life at Sea for Man'tirne Schools, 1993 Edi Bar Reviewer in Legal Ethics, 2000 Edition

Bcrnas, J.G., The 1987 Philippine Constitution

Reviewer-Primer, 2002 Edition
_ A
57) Trial Practice
Balbastro, A.E., Trial Technique and the Practice of Law Cruz, l,A., International Law Reviewer, 1996 Edition
1989 Edition Domondon, A.T., Bar Reviewer in Tasxstion
Bales, M.O.T., Handbook on the Law of Pleadings, 1999 Vol. I. 1999 Edition
Edition
Vol. 11. 1999 Edition
Casanova, C.A., Cross-Examination Mirror. 1999 Edition
Coronel, A.R, Handbook on Trial Practice. 1990 Edition Francisco, R.J., Criminal Procedure (Questions and An
ewers), Rules 110-127, 1996 Edition
Francisco, RJ., Trial Technique and Practice Court
Evidence (Questions and Answers), Rules 128-134, 1996
Vol. I. 1999 Edition
Edition
Vol. II, 1999 Edition
Garcia. O,S., Pre-Week Memory Aid in All Bar Subjects
Vol. III, 2000 Edition
1997 Edition
Pamaran, M.R., Trial Practice in Philippine Courts, 2000
Edition
Gupit, F., Passing the Bar or How to be a Lawyer, 1983
Edition
(Source: 2000 Catalogue, Philippine Legal Publications
tra] Book Supply, Inc. and Central Professional Book
, Can Pointers in Remedial Law, 1999 Edition
s. Inc. Manual
 212 LEGAL RESEARCH W OF SECONDAR
Y AUTHORITY

Law Review
Gregorio, A.L Fundamentals of Criminal UPLC, Answers
to Bar Examination Que
1997 Edition
(Available June
stions
, 2000)
Jimenez. J.D Political Law Compendium 1996 Edition in Civil Law, 1975
(Reprinted 1998} -1999
in Mercantile Law,
1976-1999
Jul-ado. D.R. Civil Law Reviewer, 1998 Edition in Remedial Law, 1975-1999
in Political Law, 1987
Laureta. W.G., Secrets on How to Pass the Bar Examine -1999
in '[taxation, 1991-1999
lion. 1990 Edition
in Labor and Social Le
gislat
ion, 1987-1999
Magallona. M.M A Primer in International Law and Re- in Legal and Judicial Eth
lation to Philippine Law, 1997 Edition. ics
Vitug, J.C. Pandect of Co
mmercial Law and Juris
A Primer on the Law of the Sea, 1997 Edition deuce, 1997 Edition pru
A Primer on the Law of Treatises, 1997 Edition - Compendium of Civil Law,
_
1993 Edition
Mendoza. VV.. Bar Review Guide in Political Law, 1989 (Source: 2000 Catalogue
, Ph
tra] Book Supply, Inc, and Cen ilippine legal Publications, Cen-
Edition (Reprinted 1997) tral Professional Books, Inc.
Manila)
Miravite, J.V., Bar Review Materials in Commercial Law, D. Legal Periodicals
1998 Edition
While the use of legal periodicals in
legal research is indis-
Nachura. A.B Outline.fReviewer in Political Law, 2000 perusable in the the United States, lt' is not
widely used in the
Edition. Philippines. The most serious and highly reputed
legal periodicals
.arc the academic law reviews produced at
Nolledo, J.N., Bar Reviewer in Taxation, 1998 Edition. I the major American law
schools. Law reviews are published by virtually
all accredited law
Pane, E.C., Bar Reviewer in Legal and Judicial Ethics, schools as training grounds for students editors. They
contain both
articles by established scholars and student-written comm
1997 Edition. ents and
case notes. Both lead articles and comments are marked by
extent
Perez, HJ3., Reviewer on Insurance, Insolvency and Code sive footnotes, making them useful research tools
of Commerce, 2000 Edition.
In addition to general law reviews, there is an ever growing
Rcgalado, F.D., Remedial Law Compendium: number of specialized academic journals, focusing on topics from
ecology to industrial relations. Most of these are student-edited .
Vol. 1, Rules 1-71, 1999 Edition. but a few specialized scholarly journals, such as the American
Journal of Legal History and the Journal of Legal History
Vol. 2, Rules 72-134, 2000 Edition. and the Journal of Legal Studies, are edited by faculty
Rodriguez, Jr., L.G., Common Sources of Bar Questions, Numerous periodicals are published by the American Bar
2000 Edition. sociation and other professional groups. Bar journals tend to fea
tune articles of a shorter, more popular nature than the law re
Rodriguez, R.B., The Family Code Reviewer, 1995
Edition. views and contain more news of current legal developments. Most
Sababan, F.J. and Bundy, L.A., Taxation A.B.A. sections issue their own publications, including several
Law Reviewer,
2000 Edition. specked, scholarly journals. Several state and local bar association
and specialized bar groups also publish journals. usually of 1110
Sandoval, E.G., Pointers in Cri
minal Law, 1998 Edition. limited scope and quality
 LEGAL RESEARCH
LAW BOOKS OF
SECONDARY AUTH
ORITY

of' law as distinguished

own definitions. It deals with B whole field definitions are related to
of the subject. It gives H Philippine code
from treatises which treats of a portion authoritative cour
t decisions where the s or statute.B and for the
literary statement of the low as distin guish ed from digests which to specific provisions of y
may be found by cit
of law law or to reported ation
presents isolated summ aries of points cases
The other law dictiona
The first attempt to publish n legal encyclopedia in the Philip ries are: Gambia, Dic
ternational Law and Dip tionary of in
pines was the Cyclopedia of Philippine Law to be authored by lomacy; Isidro, Philippin
tionary (l966)-, and Tiopanco, e Lab.or Dic-
Alvir & Associates. However, only the first volume containing B. Dictionary of Insuranc
and Phrases (1976) e Terms
textual treatment of the law from A to C was published
Another publication can be classified as a legal encyclopedia
but unfortunately, only its first volume had been published. This is
Pedro Vemlda's Enclyclopedia of Philippine Law and Juris
prudence
A specialized encyclopedia on taxation was the Philippine
Tam Reporters, advertised as a 25-volume cyclopedia, with an
null supplements. Begun in 1972 on 8 volume by volume release
the Reporter deals evtensively with the National Internal Rev
e r e Code, special tax laws, lax rulings, circulars, decisions and
treatises. After three volumes, it stopped. A one volume eneyclope
die called The Philippine Legal Encyclopedia of Jose Megaton R.
Sibel was published by the Central Law Book Publishing Co

F. Law Dictionaries
Law dictionaries are useful for identifying the definitions of
words in their legal sense or use. For each word or phrase a short
definition is given. Some also provide a citation to a court case or
other reference having the source of the word or phrase
The earliest law dictionary was Berrie, Diccionario de
Administracion de las Isles Filipinos, published in 1887. This
was followed by Martinez de San Agustin, Diccionario Juridico
Recopilador, in 1922, a study which included chronological and
alphabetical indexes of Philippine legislation and jurisprudence
Writing in the Preface, Justice James A. Ostrand of the Philipp
ine
Supreme Court considered the book more of a juridical encycl
ope
dja than a dictionary
In 1972, the first dictionary for Philippine Law was
published,
covering 70 years outlaw and decision-making
from 1901 to 1971. It
was written by Federico B. Moreno and entit
led Philippine Law
Dictionary. It defined legal tennis and
phrases that, as part of our
law and jurisprudence necessary to a law practitioner. Those
 SEMRCH MATERIALS AND
FINDING TOOLS

The first stator published in

the Philippines was l)izon's Phil
ippine Citations (1937) in 2 vols
. which contain complete cita-
tions found in Vols. 2 to 64 of the
CHAPTER 7 Philippine Reports and in the
Official Gazette Bo April, 1947 (includin
g the 0.ccupation issues) of
the decisions of the Supreme Court and
'seARcH MATERIALS AND FINDING TOOLS
the Court of Appeals

_
well as of Philippine laws, including Roya
l Decrees and Orders
Ordinances of the City of Manila, and other
matters
This stator provides the researcher with knowledge at 8 glance
and case law whether a given repose Philippine decision has been overruled
There have been a large volume of statutory law
legis lative mill and judicial criticized, limited in its application, distinguished or followed
that have been chumed out by our
1900 and the legal resear cher needs subsequent reported decisions. Likewise, by consulting the cits
branch of government since
t access into this large body of law. The effcc sons to codes and statutes, the researcher will have before him ad]
some means of subjec
doctrin e of' preced ent require s that prim- dcci reported Philippine decisions wherein a particular Philippine stat-
five operat ion of the
sons be easily available. Without a topical approa ch to legal sources ute has been cited, invoked, applied, construed or discussed -
researchers could not find existing decisions or statutes on point The next stator published in the Philippines in 1964 was
We therefore need search matenlals and finding tools for legal Paras, Philippine Citations, in 2 vols. Volume 1 deals with case
research. The purpose of these materials and tools is not to per citations covering Vols. 1 to 82 of the Philippine Reports and
suede, nor do they themselves have any primary or persuasive issues of' the Official Gazette from 1942 to 1962. Volume 2 con
authority. They are only means for locating primary sources. It fains code citations. statute citations, and citations of administra
then is necessary to read those primary sources to determine their time rules as well as Spanish laws applied to the Philippines
applicability to a particular situation. In legal research, as in other Another stator is the Pllilipp'me Citatoir contained in Vol
aspects of the lawyer's work, one must employ a highly developed 11 of the Philippine Digest. It lists all the citations in the Pbilip~
sense of relevance a keen appreciation of which sources are pine Reports, the Supreme Court of Spain, the United States
legally and factually relevant to the specific inquiry Supreme Court, the other Federal Courts, and the courts of various
These search materials and finding tools are states and territories of the United States
Citations in the decisions of the Supreme Court, Court of Ap-
1. Citators l
peals, and Court of Tax Appeals, reported in Vol. 52 of the Officia
2. Indexes part of the 1956
Gazette are contained in the Citator which forms
Official Gazette Desk Book. For 1959 Supreme Court
Decisions
3. Bibliographies ons are also
t-Inde x. Citati
a citator is offered in Navarrete's Diges
included in each volume of the Philippine Reports
A. Citators

They supply references to decisions in which other eases have Indexes

B.
been cited, reviewed, aMrrned, reversed. overruled. criticized or
a subject-index which is lik
commented upon, and to cases in which statutes have been con The word "index" usually means ex is *=
, statutes, etc. A subject ind
strewed, and to statutes in which prim* acts have been amended the index found in textbooks of refs
ical words in which, by means
renewed or repealed alphabetically arranged top ics exp
terials relating Lo these top
onces under each topic ma
ed
in appropriate words is digest
 RESEARCH MATERIJ
5\LS

officially the Supreme Court R.0I

Publishing Company, '10I'1er by West
and United States Su
Court Reports, Lawy preme
CHAPTER 8 I operative Publishing
er Edition by Lawyers
Co»
b. Decisions of the Court
of Appeals
RESERCH MATERIALS
The appellate courts are div
IN THE UNITED STATES ided geographically
into twelve circuits, plus
the " - Court of Appeals
of the Federal Circuit. Their dec
isions are
reported
in the Federal Reporter (We
Since many of our laws, specially in political law and commer- st Publishing Co.).
cial law originated from the American legal system, 8 good re- c. Decisions of the District Cou
rts
searcher must also research on American legal materials.
The general trial courts in the US fede
ral sys-
Our Supreme Court itself has cited American laws and cases tem are the U.S. District Courts. There
are ninety-
published in the United States Supreme Court Reports in de- four districts, with one or more in each State. Their
ciding cases. Also, you can often read citations from the American decisions are reported in the Federal Supp
lement
Jurisprudence 2nd Ed. and the Corpus Juris Secundum in (West)-
the cases reported by the Philippine Reports and SCRL-*L
d. Decisions of Special Federal Courts
We must therefore know the basic legal materials published
Special federal courts likewise publish their
in the United States.
decisions such as the Reports of the United States
Reliance on judicial precedent in American jurisprudence is Tax Court and Cases Decided in the United
derived from the common law. Researchers and the courts are ex- States Court of Claims.
pected to turn un established judicial authorities and rules of law
West Publishing also publishes the decisions
as the foundation for formulating legal arguments and issuing opin-
of some special courts such as the Bankruptcy Re-
ions, These judicial precedents are found in court reports, which
porter and the Veterans Appeals Reporter.
are compilations of judicially-decided cases.
E- Computerized Legal Research Services
This chapter presents the primary sources of U.S. legal mate-
rials consisting of case law and statutory law, then the secondary WESTLAW of West Publishing Company and
sources, and finally the finding tools and other legal materials. LEXIS of Mead Data Central, Inc., provide compu-
terized access to the decisions of the U.S. Supreme
Court, Court of Appeals, District Courts, and spe-
A. CASE LAW
cialized federal courts.
1. Federal Courts Decisions
2. State Courts Decisions
a. Decisions of the Supreme Court
The different states of the United States publish
specially the
The decisions of the United States Supreme official reports of their courts' decisions,
York where
Court are reported in the following publications: decisions of their Supreme Court- In New
New York Court of
United States Reports (Official Edition); and un- their highest court is called the
ts report the decisions
Appeals, the New York Repor
222 of said Court.
 LEGAL RESEARC RESEARCH MATE
RIALS

There are also unofficial reports of state courts de fishes the Unite
d States Code Co
ngressional and
cisions by commercial publishers. The National Re Administrative Ne
ws which contains the
, complete text
porter System, published by West Publishing divides of all public laws
the country into seven regions and reports the decisions
The United States Co
of the appellate courts of the different states in each lie laws by subject int
de which ranges the pub~
region together in one senles of volumes o forty-eight titles
subject compilation of fed the official
eral statutes Twenty-Two
WESTLAW and LEXIS can also be accessed for have been reenacted as pos titles
itive law becoming their
state courts decisions thoritatiw: text. The remain
ing titles are merely prima
facie evidence of the law
the Statutes at Large re
B. STATUTORY LAW mains the authoritative source
for them.
Federal Level West publishes the United States Cod
e Annotated
(USCA) while Lawyers Cooperative publ
a. Federal Constitution ishes the United
States Code Service (USGS), both anno
t.ating the U.S.
The Constitution of the United States of Code.
America, published by the Library of Congress contains
WESTLAW and LEXIS provide access to the text
each article, section and clause of the Constitution and of the United States Code which contains all federa
its amendments. l
public laws.
West Publishing has the United States Code An-
c. Federal Administrative Regulations
notated, Constitution of the United States Anno-
tated., while Lawyers Cooperative has the United States The annual United States Government Manual
Code Service, Constitution. provides the structure and functions of the executive
branch and federal agencies of the United States,
Digests of federal court cases interpreting the Con-
stitution are contained in the U.S. Supreme Court Di- Administrative regulations to have general legal ef-
gest of West and the Digest of United States Supreme fect must be published in the Federal Register, which
Court Reports of Lawyers Cooperative. can be accessed through WESTLAW and LEXIS.

Discussions on constitutional issues may be con-
tained in the Annotations in the A.L.R. Federal, U.S.
Supreme Court Reports, Lawyers Edition.
WESTLAW and LEXIS can be accessed for the text
of the Constitution and its amendments.
b. Federal Statutes
The laws, both public and private, passed by the
U.S, Congress are first published as slip laws, the first
official text of the new law, by the government and by
commercial publishers.
These laws are cumulated in hound volumes
as the
official Statutes at Large for the session.
West pub-
The Code of Federal Regulations (CFR) con-
tains the executive and administrative regulations as
taken from the Federal Register and arranged by sub-
ject in fifty titles, mainly carrying the U.S. Code titles
to which they relate. The CFR can be accessed through
the WESTLAW and LEXIS.
Federal Administrative Decisions
d.
Federal agencies, with quasi-judicial powers, render
decisions which are published. An example is the CCH
Trade Regulation Reporter which contains the deci-
ma-
sions of the Federal Trade Commission. Decisions of
TLAW
jor federal agencies can be accessed through WES
and LEXIS.
 LEGAL
EARCH MATERIALS

Executive Documents Most of the states iss

ue sub act compilatio
administrative regula ns of their
The Federal Register, as earlier mentioned, con- tions WESTLAW an
vide access to state ad d LEXIS pro-
tains executive orders and proclamntions of the Presi- ministrative codes and
dent. The USSCAN and USCS Advance also includes registers
State agencies with qu
them. They can also be accessed through WESTLAW asi-judicial powers, ren
decisions which are also der
published oilGcial form
and LEXIS
In the municipal or local lev
The Presidential messages to Congress are published el, administrative taegu
lotions and decisions are rar
in the Congressional Record. ely published

Executive Agreements are published in the official c. SECONDARY MATERIALS

U.S. T&'eaties and Other International Agreements.
1.
2. STATE LEVEL
1. State Constitutions
The text of a state constitution is usually found in
the constitution volume of the state code.
The State Constitutional Committees, Commis-
sion and Amendments, a microfiche collection of the
Congressional Information Service, is a comprehensive
source of documents for the fifty states.
The text of' the federal constitution as well as that
of the fifty states and all U.S. territon'es are published in
the Constitutions of the United States: National and
State, by Columbia University.
Digests
These are publications reprinting in
a subject ar-
rangement the Headnnbe summaries of
the points of law
of each case reported.
a. West's Key-Number Digests
West's National Reporter System is a series of
publications of appellate court decisions in the U.S. Short
abstracts for every significant point of law discussed in
each case in the West reporters appear as headnotes of
the decision. These headnotes are then reprinted in a
Key Number Digest in front of the advance sheet and
cumulated at the end of the bound volume. These
headnotes are then arranged by key number and West
reprints them in multi-volume digest series.

2. State Statutes
Each state has a publication of the laws enacted by
its legislature, such as Statutes of California and Acts
ufAlabama.
WESTLAW and LEXIS provide the texts of the
laws of every state and also the state codes of all fifty
states.
3. State and Local Administrative Laws, Regula-
tions and Decisions.
The Book of the States by the Council of State
Governments, provides basic information on
government
operations in each of the fifty states.
West.'s Key Number Digests contains over 400 top-
ics, arranged alphabetically from Abandoned and Lost
Property to Zoning and Planning.
The General Digest, which publishes the headnotes
preceding the text of the decisions in all the West re-
porter advance sheets, is the most current component of
West's comprehensive series of digests, the American
Digest System.
b. Regional Digests
Smaller digests covering the decision of smaller geo-
graphical or jurisdictional units are also published by
West. There are digests for four of the regional reporter
and
series namely: Atlantic, North Western, Pacific
 LEGAL RESEARCH RESEARCH MATERIALS

re are also separate digests for each 6. 'Proatises and Textbooks

South Eastern The
state. Legal scholars and practitioners wTite on
Digest 4th, contains di- substan.
West,'s Federal Practice five and procedural law.
isions.
gests for federal court dec Examples of treatises and textbooks are the multi-
rt. decisions are pub-
Digests of US Supreme Cou volume scholarly surveys of particular fields in depth
tes Sup rem e Court Digest by
lished in United Sta (e,g., Corbin in Contracts and Wigmure on Evidence)
e Court Digest, Law-
West and United States Suprem and hornbooks and student texts {e.g'., Henkin, Pugh,
tive.
yers' Edition, by Lawyers Coopera Schachter and Smit on International Law; Ginsburg,
Goldberg and Grecnbaum on Trademark and Unfair
2. Annotations Competition Law; and Jennings, Marsh, Jr. and Cof-
and
'I'hese are encyclopedia essays which discusses fee, Jr. on Securities Regulation). WESTLAW and
r poin ts of law.
analyzes in depth, particula LEXIS also provide access to the treatises and textbooks.
The American Law Reports [A.L.R.l, publi
shed 6. Restatements of the Law
point s outla w not previe w
by lawyers Cooperative identifies Comprehensive commentaries on American law are
ate a chan ge in the law, or
ously resolved or that indic found in the series called Restatementza of the Law.
ing that
that indicate an emerging trend in legal think Prepared by the American Law Institutes, these texts
one con-
warrant annotations. It then selects and reports attempt to organize and articulate the mies of American
case repres entativ e of that legal issue, col-
temporary common law. They are often persuasive in the courts
ing a
lects all relevant cases and uses them in provid because their reporters are well known scholars and in-
detailed critique of that point of law to be annota ted.
clude outstanding members of the judiciary.
3. Legal Encyclopedias As envisaged by the founders of the American Law
These are works that explain systematically the en- Institute, the aims of the restatements are:
tire body of legal doctrine, in an alphabetical arrarlge~ C1) To state the existing law as developed by the
rent of articles. courts with such care and accuracy that courts and law-
West's Corpus Juris Seeundum and Lawyers Co- yers may rely upon the Restatement as a correct state-
operative American Jurisprudence ad, are two na- ment of the law as it now stands; and
tional legal encyclopedias which alphabetically arranges
over sum' hundred broad legal topics, explaining the be- (2) To express the principle of law stated with clar-
sic concepts and terminology that underlie a field of law, ity and precision.
supported by court decisions cited in its numerous foot- The Restatements cover ten specific fields: agency,
notes. conflict of laws, contracts, foreign relations law, Juds-
CJS and AmJur 2d have often been cited by the ments, property restitution, security, torts, and trusts.
which contains a
Supreme Court of the Philippines. They are divided into sections, each of
followed by explana-
basic "black letter statement of law,
of particular examples
4. Word and Phrases tory comments and illustrations
position.
Courts frequently define the meaning of certain and variations on the general pro
words and phrases. I-Ieadnotes that contain judicial defi-
7. Periodicals and Indexes
nitions are reprinted in Words and Phrases, a and criticize a particular
multivolume set containing approximately 500,000 alpha- Legal periodicals analyze foot-
r, They have extensive
betically-arranged judicial definitions, published by West, topic in an in-depth manne
280 LEGAL RESEARCH

RFBEARCH MA
TERIALS
note references to other BDUFCBS. They keep researcher;
current in developing areas of the law lections of essays
from countries ou
system tside the common
Laws reviews are published virtually by all accred law
ired law schools as training grounds for students-editom The Indexes to Perl<
They contain articles by established scholars and Stu Law indexes law re >dical Articles Re
lated articles IN jou lated to
dent-written comments and case notes. Examples are the :all outside the leg rnals and period
al field
Columbia Law Review, Harvard Law Review, Yale
Law Journal and the Michigan Law Review WESTLAW and LE
XIS provide access
of thousands of legal pe to the text
There are also facultyedited reviews such as the riodical articles
American Journal of Legal History, The Journal of 8. Law Dictionaries
Legal Studies, and Law and History Review
These dictionaries define
words in their legal sense
Most national and state bar associations publish or use. For each word
phrase a short definition
periodicals such as the A.B.A. Journal or the Record given. Among the we
ll known law dictionarie
of the Association of the Bar of the City of New Black's Law Dictionary, s are
of West Ballentine's Lew
York Dictionary; with Pronou
neiations of Lawyers Coo
erative, and Bouvier'.s Law p-
There are two weekly legal newspapers that are Dictionary and Concise
Encyclopedia of West, rep
national in scope, the Legal Times and National Law rinted in 1984 by William S
Hein & Co., Inc
Journal. There is also the monthly publication Ameri
can Lawyer. In some cities, there are newspapers de
voted to legal aiTairs such the New York Law Journal FINDING TOOLS AND OTHER
MATERIAL S
and the Los Angeles Daily Journal
1. Citntors
Commercially published topical newsletters issued A stat
weekly or monthly focus the most recent trends of or is a finding tool that provides
the subset-_
law. Legal Newsletters in Print of Infosources con- quent history of reported cases and lists
of cases and
tains a Title list of over 1,400 newsletters with descrip- legislative enactments construing, applying
or affecting
tions, subscriptions information, and a subject index. statutes.
There are two general indexes to English-language Shepard's Citations published by Shepai.d's
legal pen'odical literature. McGraw-Hill, lists virtually every published case by cita-
The first is Index to Legal Periodicals (ILP tion, in both official and unuflicial reporters, and then
), list under its citation every subsequent case that has
which began publication in 1908. It inde
xes over 500
legal periodicals by subject and author. cited the case in question. The process of updating a case
through this method is referred to as Shepardizing.
The other which began publication
in 1980, is issued Shepard's Citations for cases provide a means to
in several formats under various nam
es: Current Law
Index, Legal Resource Index verify the current status of a case to determine if it is
(LRI), and Legal Trac.
It has more than 700 legal and still good law or has been reversed, overruled or other-
. law-related periodicals,
using detailed Library of wise diminished.
Congress subject headings.
The Index to Foreign Legal WESTLAW and LEXIS provide access to ShepaLrd's
in 1960 has more
Periodicals started Citations.
than 300 periodicals an
d selected col-
 I

LEGAL RESEARCH

Law Directories
The Martindale-Hubbell Law Directory Provides
comprehensive listing of lawyers in all U.S. States and
some foreign countries BIBLIOGRAPHY
Formbooks
Formbooks contain sample forms of standard legal A. Philippine Materials
documents and instruments.
Balance, Ruben R, The Spanish
Lawyers Cooperative has two sets; Ann. Jur. Legal Antecedents of the
Philippine Civil Code, Quezon City
Forms 2d provides forms of instruments such as con- : UR Law Center, 1979.
tracm. leases, and wills, while Am. Jur. Pleading and Feliciano, Mama S., Philippine Manual on
Legal Ci-
Practice Forms focuses on litigation and other practice tations. Quezon City: UP Law Complex, 1999
.
pleadings before courts and administrative agencies. Francisco, Vicente J., Legal History, Manila: East Pub-
West's legal Forms (2d ed.) includes in one set both lishing, 1951.
practice forms and instruments.
Gupit, Jr., Forlunato and Martinez, Daniel T., A Guide
Federal Procedural Forms, Lawyer's Edition
to Philippine legal Materials, Manila: Rex Book Store.
and West"s Federal Forms provide forms used in fed- 1993.
eral practice.
Moreno, Federico B., Philippine Legal Bibliography,
(Sources of this Chapter: Jacobstein, J. Myron,
Quezon City Filipino Publishing Co., Inc., 1973.
Mersey, Roy M., and Dunn, Donald, J., Legal Research
Illustrated, New York: The Foundation Press, Inc., 1994, Pascrual, Crisolito, Introduction to the Study of Law,
Cohen, Morals L., and Olson, Kent C., Legal Research, Manila: G. Rafael & Sons, 1951.
St. Paul, Minnesota, West Publishing Co 1992; and Rodriguez, Rufus B., Constitutionalism in the Philip-
Rombauer, Marjorie Dick, legal Problem Solving, St. pines, Manila: Rex Book Store, 1997.
Paul, Minnesota: West Publishing Co., 1991.)
. Introduction to Law, Manila: Rex
Book Store, 2001.
r The History of the Judicial Sys-
tem of the Philippines (Spanish Period, 1565-1898), Ma-
nila: Rex Book Store.
Soria no, Arturo B., Handbook on Legal Bibliography,
Manila: Premium Book Store, 1984,

B. United States Materials

Cohen, Monks L., and Olson, Kent C., Legal Research
(in a nutshell), St. Paul, Minnesota: West.
Publishing Co..
1992.
233

4$_
 + .1"

I'
LEGAL RESEARCH .I

Jacobstein, J. Myron, Men-sky, Roy M., and Dunn, Donald

J., Legal Research Illustrated, New York: The Foundation
Press, Inc., 1994.
Rornbauer, Marjorie Dick, Legal Problem Solving, St |-

Paul, Minnesota' West Publishing Co., 1991.

Shap-0, Helene S., Walter, Marilyn R., and Fajans, Eliza-
beth, Writing and Analysis in the Law, New York: The
Foundation Press, Inc., 1991.
Vance, John Thomas, The Background of Hispanic-
American Law, Washington, D.C.: The Catholic University
of America, 1937.