1-34 AUG 15 2014, ‘UC-BANILAD LIBRARY - LEGAL RESEARCH and LEGAL CITATIONS FOR THE PHILIPPINES MILAGROS SANTOS-ONG Director, Library Supreme Court of the Phil 2013 EDITIONPhilippine Copyright 2013 by a ya ‘SANTOS-4ING ISBN 978-971-23-6506-5 No portion of this book may be copied or reproduced in books, pamphlets, outlines or notes, whether printed, mimeographed, typewritten, copied indifferent electronic devices orin any other form, for distribution orsale, without the written permission of the authorized representative of the publisher except briefpassages in books, articles, reviews, legal papers, and judicial or other official proceedings with proper citation. Any copy of this book without thecorresponding number and the authorized signature of the author on this page either prococds from an illegitimate source or is in possession of one who has no authority to dispose of the same. ALL RIGHTS RESERVED Ne 0984 Printed by ex pling com, I, ‘Typography & Croativo Lithography. PREFACE _Lestl Research proces an technique i univer is the ‘ous law. This book will not deal of the process and technique legal research. The book will deal on the legal information and legal system that are used for Philippine Legal Research. Philippine legal information can be characterized as very hand dynamic. Each day, statutes are passed and decisions of courts are promulgated, The Philippine legal system provides {all laws and jurisprudence from 1900 to present are in ef- intil they are amended and /or repealed. People all over the Id have recognized these legal developments in our country. is evidenced by the number of visits made for my work at New York Hauser Global Law Program (www.nyulawglobal website entitled “Philippine Legal Re- reminder of an update is being made by Mirela his work was first uploaded on 2005, and updated March 2006, December 2007, June 2009 and March 2012. owing recent developments encouraged me to come ion of my book now entitled “Legal Research formation technology has solved the prob- f a) the lack of full text of complete statutes and yrudence ( 1900-to-present) even in law libraries lack of search tools to know and access these formation. Students, the bench and the bar, \d even the public must know that there 1n open source (free) or commercialCitations or “Referencing” is one important part of thesis writing. Another important part of a thesis is, “Literature Search” which may be synonymous to legal research. All of the materials used must thus be cited accordingly with the proper Bibliography. ly previous works uploaded on the web and published as books (Philippine Legal Research [2007] and Philippine Legal Research and Bibliography [2009 have devoted a chapter on Philippine Legal Citations, This Chapter includes a sample on how a Bibliogra- phy is made. For this new edition, Legal Research and Citations, the chapter’on Philippine Legal Citations has been expanded to include both the printed and electronic citations universally accepted in the legal community. The importance of a standard citation goes be- yond the classroom and is now as important in actual practice. The Court now enjoins both the members of the bar and the bench to cite their sources, preferably. the primarily sources. ‘My forty years of experience in legal research as the Court Librarian (Chief of the Supreme Court Library Services), as an academic librarian (University of the Philippines College of Law Library), and as a professor of Legal Research from the Paman- tasan ng Lungsod ng Maynila College of Law and Graduate School of Law, Manila Law School, Centro Escolar University College of Law and De La Salle University College of Law were blended together to come up with these books on legal research. ‘The Supreme Court E-Library has played an important role in the book's update for we have to know all the legal information from 1900 to latest must be upload as soon as they are made available by the issuing government agency. Hav- ing completed the contents of the SC E-Library is fulfilling and it makes me proud as the Court's Librarian as it is an important tool to legal research for the Judiciary in the administration of justice and for all who seek legal information. The work to be done is to make sure it is always up-to-date. This we have to thank Associate Justice Antonio T. Cai for without him, we will not have the $C E-Library. The SC E-Library includes al gal information: jurisprudence from 1901- present; statutes from 1900 to present; executive issuances and rules and regulations of government agencies. To Retired Justice Josue Bellosillo, Dean of CEU College of Law, Retired Justice Angelina Sandoval Gutierrez, Dean of Pamantasan ng Lungsod ng Maynila Graduate School of Law, Atty. Ernesto Maceda Jr, Dean, Pamantasan ng Lungsod ng Maynila College of Law, Ambassador Benjamin Domingo, Dean, and Atty. Jose Manuel Diokno of the Dean, De La Salle University College of Law, my sincere gratitude for giving me the chance to share my knowledge and experience in egal Research to students in their preparation to their greater llenge in the legal profession. Special thanks to Justice Antonio T. Carpio for lending me is Lady Justice which was used prominently in the book’s cove the SC Library Staff and the E-Library team, to the true de ‘ted members of the Philippine Group of Law Librarians who ave shared the same mission to provide efficient and effective ser for their institutions and to Rex’s Ranna Patoe who has agged me to come up with this manuscript. This is for my family who have given their support all these rs, — Dondi, my late husband, my children Ami Camille, ied to Mike and Ann Charisse. To Luisa, Brielle, my first ‘who has provided happiness and joy always these days.OMA dedicates this book to my first grandchild LUISA BRIELLE ONG FRANCISCO and to my dear husband Dond whose support from above these eight years is strongly felt and my daughters Hint Camille, married to Mike and Fan CharisABOUT THE AUTHOR MILAGROS SANTOS-ONG Staff Officer (Director IID) Court Library Services BSBA. Master of Library Science Master of Arts ingland), 1982 LLB University of the Philippines, 1986 WORK EXPERTENCE Librarian, University of the Philippines, College of Law Library, April 1973-1983 / Director IMI (6C Senior Chief Staff Officer), Supreme Court of-the Philippines, 1983 to present Professorial Lecturer IV, Part-Time, College of Law, Pamantasan ng Lungsod ng Maynila, 2000 to present fessorial Lectures, Part-Time, Graduate School, University of the East, 2008 1 Lecturer, Part-Time, University of the Philippines School of Library and Information Science, 2003-May 2012 sssorial Lecturer, Part-Time, Manila Law College, 2007-2009 Professorial Lecturer, Part-Time, Centro Escolar University College 2009-Present Lectures, Part-Time, Graduate of Law, Pamantasan ng od ng Maynila, 2010, 2013 Lecturer, Part-Time, De La Salle University College of PresentSCHOLARSHIPS ion Programme Training/ Scholarship & Attachments, 1992 Ellen Schaffer Foreign Librarian's Grant, American Association of Law Librarians (ALL). 97th AALL Annual Meeting and Conference, John Hynes Veterans Memorial Convention Center, Boston, July 10-14, 2004 AWARDS Chief Justice Awards for Outstanding Service in the Judiciary, Supreme Court, Session Hall, December 9, 2005 2005 OUTSTANDING LIBRARIAN, PROFESSIONAL REGULA- TIONS COMMISSION Outstanding Professional Award, ‘Manila Hotel, June 20, 2005 tation. Heroes Hall, Malacafang, June 28, 2010 401 CONTENTS CHAPTER I CHAPTER Government Structure Pre-Spanish (before 1521) .... Republic period (1946-1972) Martial Law period (1972-198 Republic Revival (1986-present) 27.1 Executive Branch. 2.72 Legislative Branct 2.73 Judiciary. 2.74 Cons 2.75 Local Government 27.6 Other Government Agencies. CHAPTER II Legal System Nature of the Philippine Legal System Sources of Law. Classification of Legal Sources... CHAPTER IV Philippine Legal Research 5442 5a 52 61 62 63 64 7A 72 73 4.1.1 Constitutior 4.1.2 Treaties and Other International Agreement ncn : 4.13 Statutes Proper (Legislative Enactments). 41.4 Administrative Rules and d Regulations Research of Case Lav 4.2.1 Supreme Court Decisions. 422 Court of Appeals Decisions. 4.2.3 Decisions of Special Courts 42.4 Decisions of Administrative Agencies, Commissions and Boards... CHAPTER V Legal Profession and Legal Education Law Schools Bar Associations... CHAPTER VI Philippine Legal Citations Sources of Law Primary Sources. 6.1.1 Statutes. 6.1.2. Jurisprudence. Secondary Sources Citations Repeatedly Used .. Bibliography... CHAPTER VII Philippine Legal Resources Books and Other Published Legal Materials. 7.1.1 Reference mat Electronic Sources 7.21 Philippine On-Line Sources. Philippine Legal Publishers 54 55 357 61 65 68 6 69 73 78 94 94 201 201 208 1 Research was defined as “1) The finding and 1g of authorities that bear on a question of law; lippine legal literature ing the great number of statutes passed and sprudence decided; and the annotations, commentaries and terature, and has to know the basic information about the Philippines, its cal and government structure, and its legal system, CHAPTER | Introduction ‘The Philippines is an archipelago of 7,107 islands with a rea of 299,740 sq. kilometers. It is surrounded by the Pacific the East, South China Sea on the North and the West, he Celebes Sea on the South. This comprises the National le I of the 1987 Constitution. fhe “National territory comprises the Philippine all the islands and waters embraced therein2 LEGAL RESEARCH AND LEGAL CITATIONS. FOR THE PHILIPPINES and all other territories which the Philippines has sovereignty or juris ion.” re Source: hitp|inewswirekulmun.be/practiccediton / where has-asean-beem-hiding/ Laws enacted by Congress defined the baselines of the ter- ial sea of the Philippine archipelago. As early as 1935, the followed by Republic Act No. 3046 as amended by Republic Act No. 5446. Sec. 2 of Republic Act No. 9522, approved on March 10, CHAPTERT 3 INTRODUCTION gic baselines of the Philippines. It does not extend the baselines to Spratlys or to Scarborough Shoal, both of which, China and Vietnam claim in their territory, while the Philippines claims a part of what Shoal.” (hi is pdf). The constitutionality of the law was questioned before the Supreme Court in the case case Magallona, et al. v. Ermita, et al,, GR, No. 187167, July 16, 2011. This decision, upholding the constitutionality of the law, was penned by’ Justice Antonio T. Carpio. The petitioners of the case were professors of la ;, and a legislator. The petitioners filed the case in their capacities as citizens of the Philippines, taxpayers, and as legis lator. Noteworthy to mention are the two grounds invoked by ) No. 9522 opens the country’s waters landward of the baselines to maritime passage by all vessels and aircrafts, undermining, Philippine sovereignty and national security, contravening the country’s nuclear-free policy, and damaging marine resources, in violation of relevant constitutional provisions.” The Philippine’s claim to the Spratlys and Scarborough (Panatag) Shoal is based on the provisions of the United Nations Conference on the Law of the Sea (UNCLOS). The Philippine claim was brought before the ASEAN during the ‘Summit in November 2012. China claims that the Philippines is misinterpreting the provisions of the UNCLOS. To validate and defend the Philippine claim, the Philippines has brought the issue before the United Nations. Another claim that remains unresolved is the historic claim of the Philippines to Sabah. The Sultanate of Sulu claims as the . There have been clashes between the military ate of Sulu and Malaysia. The United Nations itions between the n Malay, 4% MuslCHAPTER Il Government Structure ‘The Constitution is the fundamental law of the land. There (effective during the Japanese occupation), 1973 Constitution, and the 1987 Constitution. The Freedom Cons Hon was considered as 2 Provisional Constitution which was issued as a Proclamation itutional commission was created that drafted the ‘tution and upon its ratification in a plebiscite held on February 2, 1987, it became the 1987 Constitution. The present politicai/government structure was defined by the 1987 Consti- tution. There is a move now in Congress, which started at the House of Representatives, to revise or amend the present Consti- tution. One of the major problems to be resolved by both Houses of Congress is the mode or method in revising or amending the present 1987 Constitution. The 1987 Constitution provides that the Philippines is a democratic and republican state where sovereignty resides in the people and all government authority emanates from them (Art. Tl, See. 1). The government structure differs as one goes through the history of the Philippines, which may be categorized as follows: a) Pre-Spanish; b) ;,¢) American period; d) Japanese period; e) Republic; and f) Martial Law Period. 2.1 Pre-Spanish (before 1521) ‘The Barangays or independent communities were the of government structures before Spain colonized the Philippi (CHAPTER: (GOVERNMENTSTRUCTURE The head of each barangay was the Datu. The Datus were called Cabeza de Barangay during the Spanish period. He governed the barangays using native rules which were customary and unwritten. There were two codes during this period: the Maragtas Code, issued by Datu Sumakwel of the Panay Island; and the Code of Kalantiao, issued by Datu Kalantiao in 1433. The existence of these codes is questioned by some historians. Just like many ient societies, trial by ordeal was practiced. 2.2 Spanish period (1521-1898) ‘The Spanish period can be traced from the time Magellan discovered the Philippines when he landed at the Mactan Island (Cebu) on March 16, 1521. Royal decrees, Spanish laws, and/ or special issuances-of special laws for the Philippines were extended to the Philippines from Spain by the Spanish Crown through its councils. The chief legislator is the governor-general who exercised legislative functions by promulgating executive decrees, edicts or ordinances with the force of law. The Royal Audencia, or the Spanish Supreme Court in the Philippines, also exercised legislative functions when laws are passed in “Iquiades Gamboa, in his book ‘most prominent laws in this period: Fuero Juzgo, Fuero Real, Las Siete Partidas, Leyes de Toros, Nueva Recopilacion de las Leyes mn, Some of these laws were force in other Spanish colonies. Laws in force by the end ¢ Spanish rule in 1898 are as follows: Codigo Penal de 1870, y Provisional para ta Aplicaciones de las Dispociciones del Codigo en las Islas Filipinas, Ley de Enjuciamento Cri Ley de Codigo de Comercio, Codigo Civil de 1889, Ley ia, Ley de Minas, Ley Notarial de 1862, Railway Law of aw of Foreigners for Ultramarine Provinces and the Code tary Justice, Some of these laws remained in force even ng the early American period and/or until Philippine laws between the Spanish and the American period is what .¢ historians consider as the first Philippine Republic. naldo proclaimed the8 LEGAL RESEARCH AND LEGAL CITATIONS FORTH 5 ine Independence in Kawit, Cavite on June 12, 1898. ‘The Malolos Congress, also known as the “Assembly of the Representatives,” which can be considered as revolutionary in nature, was convened on Sept 15, 1898. The first Philippine Constitution, the Malolos Constitution, was approved on January 20, 1899. General Emilio Aguinaldo was the President of the Philippines, and Don Gracio Gonzaga was the Chief Justice. A Republic, although with a de facto authority, was in force until the start of the American Sovereignty when the Treaty of Paris was signed on December 10, 1898. 2.3. American period (1898-1946) ‘The start of this period can be traced after the Battle of ‘Manila Bay when Spain ceded the Philippines to the United States upon the signing of the Treaty of Paris on December 10, 1898. A Assembly which convened on October 16, 1907. The-Jones- Law provided-for.the establishment of-a-bicameral legislative body on October 16,1916, composed of the Senate-and:the House of Representatives. The United States Constitution was recognized until the promulgation of the Philippine Constitution on February 8, 1935, signed by U.S. President Franklin Delano Roosevelt on March 23, 1935, and ratified at a plebiscite held on May 14, 1935. ‘The organic laws that governed the Philippines during this period were: President McKinley's. Instruction to.the-Second ippine Commission on April 7,-1900; Spooner Amendment '916-and--the law was CHAPTER I 9 GOVERNMENT STRUCTURE The 1935 Constitution initially changed the legislative system from bicameral to a unicameral system. However, the bicameral » system was restored pursuant to the 1940 Constitutional amendment. The Commonwealth government was considered as a transition government for ten years before the grant of the Philippine independence. Cayetano Arellano was installed as the first Chief Justice of the Philippines in 1901. The Majority of the then Justices of the Phil Supreme Court were Americans. Decisions rendered by the Supreme Court of the Philippines were appealed to the United States Supreme Court and were reported in the United States Supreme Court Reports. Manuel L. Quezon and Sergio Osmeiia were elected as ;sident and Vice-President respectively during the September 1935 elections. In this election, President Quezon and Vice- ident Osmefia won over General Emilio Aguinaldo, the (1898), and Bishop Gregorio As ‘This ‘Commonwealth government went into exile in Washington D.C. during the Japanese period from May 13, 1942 to October 3, 1944. President Manuel L. Quezon died on August 1, 1944, He was succeeded by President Sergio Osmeita who brought back the government to Manila on February 28, 1945, 24 Japanese period (1941-1944) The invasion of the Japanese forces began when Clark jeld, an American military airbase in Pampanga, was bombed December 8, 1941. This marked the start of the Japanese period, which lasted for three years. A Japanese Republic was ished with Jose P. Laurel as its President. Jose Yulo was the Chief Justice of the Supreme Court. The one hundred two (102) reme Court decisions during this period were recognized and the Volumes 73 and 74 of the Philippine Reports, the publication for Supreme Court decisions. This period was ed as a military rule by the Japanese Imperial Army. Thety LEGAL RESEARCH AND LEGAL CITATIONS FOR THE PHILIPPINES 1943 Constitution, were recognized after the war. This period lasted for three years, and ended on 1944 with the defeat of the Japanese forces. 2.5 Republic period (1946-1972) July 4, 1946 was the inaugufation of Philippine inde- pendence. A Philippine Republic was re-born. A™republic ‘means-a government by the people and sovereignty-resides in the entite. people as.a body. politic. The provisions of the 1935 Constitution defined the government structure; which provided for the establishment of three co-equal branches of government. Executive-power rests. with the President of the Philippines, legislative power-with-the-two-Houses.of Congress; and-the judicial power with the Supreme Court and other inferior courts. Separation of powers is recognized. Efforts to amend the 1935 Constitution started on August 24, 1970 with the approval of Republic Act No. 6132, where 310 delegates were elected for the Const on November 10, 1970. On June 1, 1971, the Constitutional Convention met, While it was still in session, President Ferdinand E. Marcos declared Martial Law on September 21, 1972, The Constitutional Convention completed the draft of the Constitution on November 29, 1972. It was submitted for ratification through citizens’ assemblies on January 17, 1973. This is known as the “1973 Constitution.” 2.6 Martial Law period (1972-1986) Congress of the Philippines was abolished when Martial Law was declared on September 21, 1972. The Martial-Law period was governed by the 1973 Constitution which established a parliamentary form of government. Executive and legislative powers were merged, and the Chief Executive was made the Prime Minister. He was elected by majority of all members of the National Assembly (P¢ CHAPTER n (GOVERNMENT STRUCTURE were made wherein by virtue of Amendment No. 3, the powers of the President and the Prime Minister were merged into the then incumbent President Ferdinand E. Marcos. Amendment No. 6 authorized Pres powers during Martial Law. Amendment No. 7 provided for the barangays as the smallest political subdivision and the sanggunians, or councils. The-1981-amendment introduced.the modified -presidential/parliamentary_.system -of- government of the Philippines. The President shall be elected by the people for a term of six years while the Prime Minister shall be elected by-a majority of the Batasarig Pambansa (Parliament) upon’ the nomination of the President, He was the head of the Cabinet and had supervision over all the ministries. No. 2045 (1981 fted Martial Law and ilections were held on June 16, 1981. President Marcos was re-elected into office as President. ‘The constitution was again amended in 1984, and a plebiscite was held on January 27, 1984 pursuant to Batas Pambansa Blg. 643 (1984). Elections were held on May 14, 1984 for the 183 elective seats in the 200 member of the Batasang Pambansa. Animpeachmentresolution by 57 members of the opposition ‘was filed against President Marcos, but the same was dismissed. presidential election, popularly known as the “Snap by President Marcos on November 3, T985. his was held on February 7, 1986. The National Movement for Free Elections, or NAMEREL, results showed that Corazon Aquino led by over & mi m votes. However, the Batasang bansa declared that Ferdinand E. Marcos, and Arturo M. ino won over Corazon C. Aquino and Salvador H. Laurel resident and Vice-President, respectively. This event led the People Power Revolution and ousted President Marcos on ry 25,1986. 27 Republic Revival (1986-present) 1d after the bloodless2 LEGAL RESEARCH AND LEGAL CITATIONS FOR THE PHILIPPINES Corazon C. Aquino and Salvador H. Laurel took their oath of office as President and Vice-President of the Philippine Repub- lic on February 25, 1986. Proclamation No. 1 (1986) was promul- gated, wherein the President and the Vice-President took power in the name and by the will of the Filipino people. Proclamation No. 3 (1986), adopted as the Provisional Constitution or Freedom Constitution, provided for a new government. A Constitutional Commission was constituted by virtue of the Art. V of the Provisional Constitution and Proclamation No. 9 (1986). The Constitutional Commission, composed of 48 members, was mandated to draft a Constitution. After 133 days, the drafted constitution was submitted to the President on October 15, 1986. It was ratified by the people in a plebiscite held on February 2, 1987. Under the transitory provision of the 1987 Constitution, the President and the Vice-President elected in the February 7, 1986 elections were given a six-year term of office or until June 30, 1992. Congressional elections were held on May 11, 1987. The- Republican. form. of government -was officially revived when. the 1987 Constitution was.ratified-and Congress was. convened. in-1987. Legislative enactments again rested with the Congress. Republic Acts were again issued by Congress, the number of which took off from the last number used before Martial Law was declared (Republic Act No. 6635 [1972] and Republic Act No. 6636 [1987]). The Republican form of government, by virtue of the 1987 Constitution, was of the same type of republican government by virtue of the 1935 Constitution having three co-equal branches: the Executive, the Legislative, and the judiciary. The Philippines once again became a Republic by virtue of the 1987 Constitution. Those holding office in these three co-equal branches are public officers and employees. The Constitution (1987), Art. XI, Sec. 1 provides for the accountability of public officers. It provides that, “Public office is a public trust. c officers and employees must, at all times, be accountable to the peopl loyalty, modest CHAPTERIL 8 (GOVERNMENT STRUCTURE Vice-President), Judiciary (Members or Justices of the Supreme Court), the members of the Constitutional Commissions, and the Ombudsman may be removed from office by impeachment, and hy conviction of: culpable violation of the Constitution, treason, bribery, graft and corruption, betrayal of public trust, or other high crimes,. All other public officers and employees may be removed from office as provided by law, such as the civil service ss, but not by impeachment (Art. XI, Sec. 2). The three co-equal branches of government are att “aver The President is vested with the executive power (Constitution [1987], Art. VIL, Sec. 1). The President is both the ief of State (head of government) and the Commander-in- ef of all the Armed Forces of the Philippines (Art. VII, Sec. 18). ‘¢ 1898, when the First Philippine Republic was established, we Philippines has had fifteen (15) Presidents — from Emilio Aguinaldo to Benigno S. Aquino IIL. ‘The Executive Branch also includes the Vice-President, the secretaries of Heads of the Executive Departments and other inet officials (www.gov.ph) Both the President and the Vice-President are elected by rect vote of the Filipino people for a term of six years. The ident is not eligible for a reelection, while the Vice-Presi- dent cannot serve for more than two successive terms. Congress mpowered to promulgate rules in the canvassing of certifi- mn, The Supreme Court, sitting En Banc, is the sole election contests relating to their-election, returns, fications (Const, [1987], Art. VIL, Sec. 4). The-Sapreme En Bane thus acts as the Presidential Electoral ‘Tribunal. residen- al (A.M, No. 05-11-06-SC). Both may be removed from. nnt (Constitution [1987], Art. XI, Sec. 2) to be of Representatives (Art. XI, Sec, 3) and. st, 1987, Art. XI, Sec. 3[6]). 2.7.1 Executive Branchry LEGAL RESEARCH AND LEGAL CITATIONS POR THE PHILIPPINES the confirmation of the Commission on Appointments (Const. [1987], Art. VII, Sec. 16) which consists of the President of the Senate, as ex-officio Chairman, twelve Senators and twelve mem- bers of the House of Representatives (Const. [1987], Art. VI, Sec. 1). The President exercises control over all the executive depart- ments, bureaus and offices (Const. [1987], Art. VI, Sec. 17). 2.7.2 Legislative Branch Legislative power is vested in the Congress of the Philip- pines, consisting of the Senate and the House of Representatives, (Const, [1987], Art, VI Sec. 1). History has provided that the legislative structure has undergone numerous changes. To bet- ter appreciate its transition, the ine Senate has provided a detailed account and is found on the Senate website (www. senate.gov.ph) Senate of the Philippines (www.senate.gov.ph) ‘The Senate is composed of twenty-four (24) Senators, who are elected at large by qualified voters, who serve for a term of not more than six (6) years. No Senator may be elected for more than two-conseeutiveterms (Const. [1987], Art. VI, Sec. 4) The Senate is led by the Senate President, Pro Tempore, Majority Leader, and the Minority Leader. The Senate President is elected by a majority vote of its members. There are thirty six (36) permanent committees and five (5) oversight committees of the Senate, The sole judge of contests relating to election, returns and qualifications of members of the Senate rests With the Senate Electoral Tribunal (SET). It is composed of nine members —three of hore ta of the Supreme Court, and six members of the Senate. (Const. [1987], Art. VI, Sec. 17). The Senate Electoral ‘Tribunal Revised Rules was approved on November 12, 2003. House of Representatives (www.congress.gov.ph) CHAPTER 15 (GOVERNMENT STRUCTURE than three consecutive terms. The party-list representatives, who |, regional and sectional parties and organizations, shall constitute twenty percent (20%) of the total number of representatives. The rationale behind the patty-list system is that they are supposed fo give the marginalized sactors a voice in the House of Representatives. The election of party-list, representatives was by virtue of Republic Act No. 7941, approved March 3, 1995, In an April 21, 2009 Supreme Court dk penned by Justice Antonio T. Carpio, on Barangay As tional Advancement and Transparency (BANAT) v. Commission on sctions (GR. No. 17971) and Bayan Muna, Advocacy for Teacher pporwerment Through Action, Cooperation and Harmony Towards tional Reforms, Inc. and Abono (G.R. No. 179295), Republic Edu Act No. 7941 was declared unconstitutional with regards to the ibution of additional party. this decision provided a procedure in the nnal seats under the Party-List System. Maj pol ical parties are disallowed from participating in party-list lic Act No. 7941 does not provide a definition as to the marginalized grouip. With this, the party- 2013 elections. The COMELEC has disqualified some of these ‘groups, some of which have present representation in Congress orare “incumbents.” A number of these disqualified groups have brought their cases before the Supreme Court The officials of the House of Representatives are the Speaker of the House, Deputy Speaker for Luzon, Deputy Speaker for Visayas, Deputy Speaker for Mindanao, Majority Leader, and Minority Leader. The Speaker of the House is elected by a majority vote of its members. There are fifty seven (57) ni and sixteen (16) special committees of the‘ | FORTHE Representatives rests with the House of Representatives Electoral Tribunal (HRET) which is composed of nine members, three of whom are Justices of the Supreme Court and six members of the Senate. (Const. [1987], Art. VL Sec. 17). The House of Representatives Electoral Tribunal adopted its 1998 i Rules on March 24, 1998. House of Representatives has the exclusive power to cases of impeachment though a verified complaint or resolution of impeachment filed by at least ‘one-third ofall the Members of the House of Representatives, and an Articles of Impeachment (Const. [1987], Art. XI, Sec. 31} ‘The Senate shall have the sole power to try and decide all cases of impeachment, When the President of the Philippines is on trial, the Chief Justice of the Supreme Court shall preside, but he shall not vote. The public officer (President and Vice-President, members or Justices of the Supreme Court and the Constitutional Commissions and the Ombudsman) shall be convicted with the concurrence of two-thirds of all the Members of the Senate. (Art XI, Sec. 3{6]). When the Chief Justice or members of the Judiciary and the Constitutional Commissions and Ombudsman are on ial, the Senate President shall preside. Rules of Impeachment shall be promulgated by the Senate. (www.gov.ph; www.senale, gov.ph; www.chanrobles.com) Impeachment (Const. [1987], Art. XI, Secs. 2 and 3) has been filed against a President, two Chief Justices, one Associate Justice, and one Ombudsman. In the case of President Joseph E, Estrada, verified complaint was filed by 115 members of the House of Representatives led by the then Speaker of the House of Representatives Manuel Villar on November 13, 2000. Impeachment trial started December 9, 2000 with Chief Justice io G, Davide Jr. and Senate President Aquilino Pimentel, as the presiding officers. The impeachment trial did not end for the Prosecutors walked out on January 16, 2001 when the impeachment court did not grant their request to open the second envelope. This lead to what is called “People Power 2.” It ended loria Macapagal-Arroyo took her oath of january 21, 2001 before Chi e Hilari ry of the Arroyo Presidency 'y President Estrada (Estrada October 23, 2003, an impeachment case was filed against ice Hilario G, Davide, Jr. but it did not prosper in resentatives. The question on the impeachment Justice Davide was resolved by the Supreme Court Francisco, Jr v. The House of Representatives (G.R. No. ember 10, 2003).On May 2011, the House Committee declared that the impeachment complaint against ‘Associate Justice Mariano Del Castillo as sufficient substance on December 2011. The impeachment ‘pending in the House of Representatives. On 12, 2011, an impeachment case was filed against ice Renato C. Corona by 188 members of the House ftatives. Tt is more than the required one-third of Art. XI, Sec.3 of the 1987 Constitution. Trial started 16, 2012 with Senate President Juan Ponce Enrile as ing, Officer. Chief Justice Renato C. Corona was found ler Article II of the Articles of Impeachment last May or after 43 trial days. The Senators as Impeachment «voted 20-3 for the removal of Chief Justice Corona, ed by an impeachment co les of Procedure in Impenchments Proceedings was by the House of Representatives on August 1, 2005. of Procedure on Impeachment Trials adopted by the on March 23, 2011 as Resolution No. 39, was used in the justice Corona March 2011, 212 members of the House of Representatives Touse Speaker Feliciano Belmonte voted to impeach the man Merceditas Gutierrez. and to transmit the Articles ‘ment to the Senate. The seven-year term of office of man Gutierrez was supposed to end on December 2012. isman Gutierrez resigned before the impeachment trial by ale.FRARCHY OF COURTS IN THE PHILIPPINES: ‘between and among the courts in terms of jurisdiction) supremecourt |%~ | comevec! COA ea SANDIGANBAYAN ‘COURTS COURT OF TAXAPPEALS ‘Quasisiudiiat Agencies ——= TRIAL couRTs ij (MRM Second Level Courts ERE First Level Courts (CHAPTER 19 (GOVERNMENT STRUCTURE \ssage of Republic Act No. 9282 (CTA). diciary is composed of the Supreme Court as the wurt; Appellate Courts — Court of Appeals, Sandigan- \d Court of Tax Appeals; Trial Courts — First and Second 1 power rests with the Supreme Court and in such lower courts as may be established by law (Constitution [1987], Sec. 1). The judiciary enjoys fiscal autonomy. Its on may not be reduced by the legislature below the iated amount the previous year, after approval, shall released. (Constitution [1987], ion may now face construction or what the Secretary of Budget and enjoying fiscal autonomy such as Congress, Judiciary, ynal Commissions and the Ombudsman. ules of Court of the Philippines, as amended, and the \d regulations issued by the Supreme Court define the id procedures of the Judiciary. These rules and regulations e form of Administrative Matters, Administrative Orders, Memorandum Circulars, Memorandum Orders and newspapers of general 1m and now downloads promulgated a new Code of20 LEGAL RESEARCH AND LEGAL CITATIONS. FOR THE PHILIPPINES Judicial Conduct for the Philippine Judiciary effective June 1, 2004 (A.M. No. 03-05-01-SC), which was published in two newspapers of general circulation on May 3, 2004 (Manila Bulletin and Philippine Star) and available on Supreme Court (sc,iudiciary. govph) and the Supreme Court E-Library websites (http:// The Supreme Court promulgated on June 21, 1988 the Code of Professional Responsibility for the Legal Profession. The draft was prepared by the Com 'y, Discipline and Disbarment of the Integrated Bar of the Philippines. ‘A.Code of Conduct for Court Personnel (A.M. No. 03-06-13-SC) The barangay chiefs exercised jt authority prior to the arrival of Spaniards in 1521. During the early years of the Spanish period, judicial powers were vested upon Miguel Lopez de Legaspi, the first governor-general of the Philippines, where he administered civil and criminal justice under the Royal Order of August 14, 1569. The Royal Audencia was established on May 5, 1583, composed of a president, four oidores (justices) and a fiscal. The Auidencia exercised both administrative and judicial functions. Its functions and structure were modified in 1815 when its president was replaced by a chief justice and the number of justices was increased. It came to be known as the Audencia Territorial de ‘Manila with two branches — issued July 24, 1861 converted it to a purely judicial body wherein its decisions were appealable to the Supreme Court of the Philippines to the Court of Sp. Audencia in Cebu and Audencia for criminal cases by General Wesley Merri established after Manila fel PTER I a (GOVERNMENT STRUCTURE. 29, 1999 by virtue of General Order No. 20. Said Order provided for six 10 members of the Audencia. Act No. 136 abolished the Audencia and es shed the present{Supreme Court on June 11, 1901 with Cayetano Arellano as the first Chief Justice|together with associate justices, the majority of whom were American Justices. ization of the Supreme Court started only during trative Code of 1917 provided for a a Chief Justice and was increased to eleven, with two divisions of five members each. The 1973 Constitution further increased its membership to Pursuant to the provisions of the 1987 Constitution, the Supreme Court is composed of a Chief Justice and fourteen re members each. A vacancy ithin ninety (90) days of occurrence. , Sec. 4(2) ex rovides t must be heard En Bene, and Sec. 4(3) for cases at may be heard by divisions. Judiciary Reorganization Act of 1980 transferred from the ;partment of Justice to the Supreme Court the administrative the 1987 Constitution, Art. VIII, Sec. 6. The Office of the Court Aciministrator (OCA) was created under Presidential Decree No. 828, as amended by Presidential Decree No. 842 to effectively ‘harge this constitutional mandate. The functions of the Office provided for in the Res Banc dated ary 26, 1991. Banc dated rember 19, 196, the Office was reorganized and strengthened. ncipal function is the supe courts throughout the Philippi and recommends to the Supreme Court all ac ower court management. The OCA is headed by the Administrator, three (3) Deputy Court Administrators anda 2 LEGAL RESEARCH AND LEGAL CITATIONS FOR THE PHILIPPINES The Supreme Court exercises the following powers as provided for in the Cons m (1987), Art. VIIL, Sec. 5: 1) Exercise jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over for certiorari, prohibition, mandamus, quo warri hhabeas corpus. 2) Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide final judgments and orders of lower courts in: a) Allcases in which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, suction, ordinance, or regulation isin question. b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in relation thereto. ©) All. cases in which the j ion of any lower 4) is reclusion perpetua or higher. e) Allcases is involved. which only an error or question of law 3) Assign temporarily judges of lower court to other interest may require. Such temporary thout the consent of the judge concerned. 4) Order a change of venue or place of trial to avoid a miscarriage of justice 5) Promulgate rules concerning the protection and enforcementof constitutional rights, p i courts, the ad egrated Bar, and les edd, Si au (GOVERNMENT STRUCTURE 23 disposition of cases, shall be uniform for all courts the increase or modify substantive rights. Ri dure of special courts and quasi-judicial bodies shall remain effective unless disapproved by the Supreme Court. 6) Appoint all officials and employees of the Judiciary in accordance with the Civil Service Law (Sec. 5, id.). Supreme Court has promulgated the Internal Rules of the Supreme Court (Resolution dated July 6, 2010 and amended in August 2, 1010), to govern the internal operations of the Court and as a guide to the exercise of its judicial and administrative functions). pend- : a) Republic Act No. 10175 — “Cyber- crime Prevention Act of 2012” passed into law on September 12, 2012; and b) Republic Act No. 10354 — “Responsible Parenthood and Reproductive Health Act of 2012” passed into law on December 12, 2012. Sec. 3 of the Internal Rules of the Supreme Court provided that cases may be heared on oral arguments upon defined issues. The constitutionality of these two laws are considered by the Su- preme Court as defined issues. The procedure defined by Sec. 3 were followed — “"The petitioner shall argue first, followed by the respondent and the amicus curiae ments may be allowed by the Chief Justice or the Chai any, the Court may invite amicus curiae.” In previously decided cases, oral arguments lasted until past midnight. In a Resolution of the Court En Banc (A.M. No. 00-6-1-SC) dated January 31, 2012, the Human Resources Manual formerly referred to as Personnel Manual, was approved. The Supreme Court has adopted and promulgated the Rules of Court for the protection and enforcement of constitutional4 LEGAL RESEARCH AND LEGAL CITATIONS FOR THE PHILIPPINES September 25, 2007 and effective on October 24, 2007; and the Rulle on the Writ of Habeas Data (A.M. No. 08-1-16-SC), approved on January 22, 2008 and effective February 2, 2008. The “Writ of Amparo is a remedy available to any person whose right to life, liberty and security is violated or threatened with violation by an unlawful act or omission of a public official or employee, or of individual or entity. This writ shall cover extrajudicial killing and enforced disappearances or threats. (Sec. 1)” The Writ of Habeas Data, on the other hand, “is a remedy available to any person whose right to privacy in life, liberty or security is violated or threatened by an unlawful act or omission of a public official or employee, of any private individual or entity engaged in the gathering, collecting or storing of data or information regarding the pers ‘home and correspondence of the aggrieved party” Gec. Writ of Kalikasan, a resolution on Rules of Procedure for 13, 2010 and was to take effect on April 29, 2010, fifteen’ i its publication in a newspaper of general circulation. This rul civil and criminal actions brought Municipal Trial Cour rial Courts involving the enforcement or violations on the existing environmental and other related laws and regulations, conservation, development, preservation, protection and utilization of the environment and natural resources, promulgated during the American period such as Act No. 3572 approved on November 26, 1929 until the present Republic such as Republic Act No. 9637 approved on May 13, 2009. The Courts designated to try these cases are called “Green Courts.” A Writ of Kalikasan with a ‘Temporary Environmental Protection Order (EPO) was issued by the Supreme Court in the case of “West Tower Condominium Corporation, on Behalf of the Residents off West Tower Condo, and in Representation of Barangay Bangkal, And Others, Including Minors and Generations Yet Unborn v. First Philippine Industrial Corporation, First Gen Corporation And Their Respective Board of Directors and Officers, John Does and Richard Does,” G.R. No. 194239, May 31, 2011. (CHAPTERIL 25 (GOVERNMENT STRUCTURE ‘Amendments to the rules of court are promulgated through the Committees on Revision of Rules the Court. The Supreme Court also issues admi form of: Administrative Matters, Circulars, OCA Circulars, ete., These are all available in the Supreme Court and the Supreme Court E-Library websites The Judicial and Bar Council (http://jbe. ‘was created by virtue of Art. VIII, Sec. 8 under the supervision of the Supreme Court. Its principal function is to screen prospectiv appointees to any judicial post. The Judi has promulgated on October 31, 2000 its Rules (JBC-009) performance of its function. It is composed of the Chief Justice as ex-officio Chairman, the Secretary of Justice and representatives of Congress as ex-officio members, a representative of the Integrated Bar, a professor of law, a retired member of the Supreme Court and a representative of the private sector as members. for its important mission on judicial education. No appointee to the Bench may commence the discharge his adjudicative function without completing the prescribed orientation and court immersion of the Academy. Its organizational structure and administrative set-up are provided for by the Supreme Court in its En Banc resolution (Revised A.M. No. 01-1-04-SC-PHILJA). ‘The Philippine Mediation Center (http://pmegov.ph) was organized “pursuant to Supreme Court Err Bane Resolution A.M. court dockets, among othe! ‘tutionalizing and implementing26 LEGAL RESEARCH AND LEGAL CITA FOR THE PHILIPPINES designated the Philippine Judicial Academy as the component unit of the Supreme Court for Court-Annexed M sms, and Mandatory Continuing Legal Education Office was ized toimplement theruleson Mandatory Co: f the P mn for members of the Integrated Bai (B.M. No.850— “Mandatory Continuing Legal Edi Itholds office in the Integrated Bar of the P! at Julio Vargas St,, Ortigas Center, Mandaluyong main office ity. 2.7.3.2 Court of Appeals (http://ca.judiciary.gov.ph) Commonwealth Act No. 3 (December 31, 1935), pursuant to the Constitution (1935), (Art. VIII, Sec. 1), established the Court of Appeals. It was formally organized on February 1, 1936 and was composed of eleven justices with Justice Pedro Concepcion as the first Presiding Justice. Its composition was increased to 15 in 1938 and further increased to 17 in 1942 by virtue of Executive Order No. 4. The Court of Appeals was regionalized in the latter part of 1944 when five District Court of Appeals were organized for Northern, Central and Southern Luzon, for Manila, and for Visayas and Mindanao. It was abolished by President Osmefia in 1945, pursuant to Executive Order No. 37 due to the prevailing abnormal conditions. However, it was re-established on October 4, 1946 by virtue of Republic Act No. 52 with a Presiding Justice and fifteen (15) Associate Justices. Its composition was increased by the following enactments: Republic Act No. 1605 to eighteen (18); Republic Act No. 5204 to twenty-four (24); Presidential Decree No. 1482 to one (1) Presiding Justice and thirty-four (34) Associate Justices; Batas Pambansa Blg. 129 to fifty (50); Republic Act No. 8246 to sixty-nine (69) due to the creation of six more divisions. With Republic Act No. 8246, the Court of Appeals in ‘Cebu, and Cagayan de Oro were established Batas Pambansa Big. 129 changed the name of the Court of Appeals to Intermediate Appellate Court. Later on, Executive Order No. 33 brought back its name to Court of Appeals. CHAPTER 2 GOVERNMENTST Sec. 9 of Batas Pambansa Bl. 129, as amended by Executive Order No, 33 and Republic Act No. 7902, provides for the jurisdiction of the Court of Appeals as follows: © Original jurisdiction to issue writs of mandamus, is, and quo warranto, processes, whether or not in ai Regional Trial Courts and quasi-judl boards or commissions, incluc Supreme Court in accordance with the Constitution, the Labor Code of the Philippines under Presidential Decree No. 442, as amended, the provisions of this Act, and of subparagraph (1) of the third paragraph and subparagraph (4) of the fourth paragraph of Section 17 of the Judiciary Act of 1948. (The decisions and resolu- tions of the National Labor Relations Commission are now reviewable by the Court as provided for in the case of St. Martin Funeral Homes v. NLRC, 295 SCRA 414.) The Supreme Court, acting on the recommendation of the Committee on Revision of the Rules of Court, resolved to approve the 2002 Internal Rules of the Court of Appeals (A.M. No. 02-6-13-CA) and amended by a resolution of the Court En Banc on July 13, 2004 (A.M. No. 03-05-03-SC). Pursuant to Republic Act No. 9372, otherwise known as the “Human Security Act of 2007,” the Chief Justice issued ative Order No. 118-2007, designating the First, ions of the Court of Appeals to handle the crimes of terrorism or conspiracy to commit28 LEGAL RESEARCH AND LEGAL CIT? FOR THE PHILIPPINES IONS terrorism and all other matters incident to the said crimes emanating from the Metropolitan Manila and Luzon. For those . ions of the Court of Appeals stationed in Cebu are designated to handle these cases while the Court of Appeals stationed in Cagayan De Oro will handle cases, from Mindanao. and weed out misfits and undesirables in government service (Constitution [1973], Art. XIIL, Sec. 5, and Constitution (1987), Art, XI, Sec. 4). It was restructured by Presidential Decree No. 1606 as amended by Repu Divisions of three (3) Justices each. The Supreme Court, acting on the recommendation of the modification the Revised Internal Rules of the Sai on August 28, 2002 (A.M. No. 02-6-07-SB). 2.7.34 Court of Tax Appeals ((http://cta.judiciary.gov.ph) Created by Republic Act No. 1125 on June 16, 195: as an appellate court to review tax cases. Un No. 9282, its jurisdiction has been expanded where it now enjoys the same level as the Court of Appeals. This law has doubled its membership, from three to si ‘The Supreme Court acting on the recommendation of the 1d to. approve the Revised Rules of the Court of Tax Appeals (A.M. No 07-CTA) and amended by a res November 22, 2005. The Court of Tax Appeals has exclu » (GOVERNMENT STRUCTURE internal revenue taxes, fees or other charges, penalties imposed in relation thereto, or other matters arising, under the National Internal Revenue Code or other laws administered by the Bureau of Internal Revenue; In actions of the Commissioner of Internal Revenue in cases involving disputed assessments, refunds of internal revenue taxes, fees or other charges, penalties in relation thereto, or other matters arising under the National Internal Revenue Code or other laws administered by the Bureau of Internal Revenue, where the National Internal Revenue Code provides a specific period of action, in which case the inaction, shall be deemed a denial Decisions, orders or resolutions of the Regional Trial, c ly decided or resolved. by them in the exercise of their original or appellate jurisdiction; Decisions of the Commissioner of Customs in cases, involving liability for customs duties, fees, or other money charges; seizure, detention or release of, property affected; fines, forfeitures or other penalti under the Customs Law or other laws admi the Bureau of Customs. Decisions of the Central Board of Assessment Appeals in the exercise of its apy 1g the assessment and taxation of real property ly decided by the provincial or city board of the case nd20 LEGAL RESEARCH AND LEGAL CITATIONS FOR THE PHILIPPINES the Secretary of Agriculture in the case of agricultural product, commodity or article, involving dumping and countervailing duties under Sections 301 and 302, respectively, of the Tariff and Customs Code, and safeguard measures under R.A. No. 8800, where either party may appeal the decision to impose or not to impose said duties. Italso has jurisdiction over cases involving criminal offenses as herein provided: «Exclusive original Internal Revenue Code or Tariff and Customs Code and other laws administered by the Bureau of Internal Revenue or the Bureau of Customs: Provided, however, That offenses or felonies mentioned in this paragraph where the principal amount of taxes and fees, exclusive of charges and pen. than One million pesos (P1,000,000.00) or where there is no specified amount claimed shall be tried by the regular Courts and ction of the CTA shall be appellate. Any provision of law or the Rules of Court to the contrary notwithstanding, the criminal action and the corresponding civil action for the recovery of vil liability for taxes and penalties shall at all times be simultaneously instituted with, and jointly determined. in the same proceeding by, the CTA the filing of the inal action being deemed to necessarily carry with it the filing of the civil action, and no right to reserve the filing of such action separately form the criminal action will be recognized, + Exclusive appellate jurisdiction in criminal offenses: © Over appeals from judgments, resolutions or or- ders of the Regional Trial Courts in tax collection, cases originally decided by them, in their respec tive territorial jurisdiction. CHAPTER. 3 (GOVERNMENT STRUCTURE is further divided into several branches. The defined in Secs. 19-23 of Batas Pambansa Blg. 129 as amended Act ‘No. 7671. The Supreme Court designates certain ial courts as special courts to handle ions, Special rules are likewise promulgated. A.M. No. 00-8- f the Court En Banc on the Rules of Procedure fation. The Interim Rules was promulgated in ember 2000 and December 2008 affects special commercial . Some Regional Trial Courts are specifically designated to and decide cases formerly cognizable by the Securities and Exchange Commission (A.M. No. 00-11-03-SC). The Supreme Court through Administrative Circulars designated Green wurts, The Intellectual Property Courts were consolidated with Commercial Courts (A.M. No. 03-03-03-SC). There are also cireuit Criminal Courts. Pursuant to Republic Act No, 8369, the Family Court Law of 1997, some branches of the Regional ‘Trial Courts have been gnated as family courts (A.M. No. 99-11-07). ‘Agusan del Sur.‘The jurisdiction of the Regional follows: LEGAL RESEARCITAND LEGAL CITATIONS FOR THE PHILIPPINES Courts are defined as Exercise exclusive original jurisdiction in Civil Cases as follows: civil actions in which the subject of the ation is incapable of pecuniary estimation; possession of real property, or any interest therein, where the assessed value of the property involved exceeds twenty thousand pesos (P20,000.00) or, civil actions in Metro Manila, where such value exceeds Fifty thousand pesos (P50,000.00) except ms for forcible entry over which is conferred upon the MeTCs, MTC: and MCTCs; © Allactions in adi and maritime jurisdiction hree hundred thousand pesos (P300,000,00) or, in Metro Manila, where such demand or claim exceeds four hundred thousand pesos (400,000.00); 0 All matters of probate, both testate and intestate, where the gross value of the estate exceeds Three hundred thousand pesos (P300,000.00) or, i probate matters in Metro Manila, where such gross value exceeds Four hundred thousand pesos (P400,000.00); © Allactions involving the contract of marriage and marital relations; © Alll cases not the exclusive jurisdiction of person or body exercising CHAPTER I 3 GOVERNMENT STRUCTURE Court of Agrarian Relations as now provided by law; and © All other cases in which the demand, exclusive of interest, damages of whatever kind, attorney's, fees, litigation expenses and costs or the value of the property in controversy exceeds Three (P300,000.00) or, in such other cases in Metro Manila, where the demand, exclusive of the above-mentioned items exceeds Four hundred pesos (P400,000.00) (Sec. 19, Batas Pambansa Blg. 129, as amended by R.A No. 7691). + Exercise original jurisdi nin other cases as follows: © The issuance of writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus, and injunction which may be enforced in any part of their respective regions; and © Actions affecting ambassadors and other public inisters and consul ‘They shall exercise appellate jurisdiction over MeTCs, MICCs, MTCs, and MCTCs in their respective territorial 2.7.3.6 Metropolitan Trial Courts (MeTC), Municipal Trial Courts in Cities (MTCC), Municipal Trial Courts (MTC) and Municipal Circuit Trial Courts (McTO — these are called the first level courts established in each nded by special laws namely Republic Act Nos. 9276, 9306, and 9308. 8s, MICCs, MTCs, and MCTCs shall exercise originalLEGAL RESEARCH AND LEGAL CITATIONS FOR THE PHI the grant of provisional remedies in proper cases, where the value of the personal property, estate or amount of the demand does not exceed Three hundred thousand pesos (P300,000.00) or, in Metro Manila where such personal property, estate or amount of the demand does not exceed Four hundred thousand pesos (P400,000.00), exclusive of interests, damages of Provided, That interests, damages of whatever kind, attorney's fees, litigation expenses and costs shall be included in the determination of the filing fees. Provided ‘further, That where there are several claims or causes of action between the same or different parties embodied in the same complaint, the amount of the demand shall be the totality of the claims in all the causes of action arose out of the same or different transactions; Exclusive original ‘isdiction over cases of forcible entry and unlawful detainer: Provided, That when, in such cases, the defendant raises the question of ownership in his pleadings and the question of ownership in his pleadings and the question of possession cannot be resolved without deciding the issue of ownership, the issue of ownership shall be resolved only to determine the issue of possession; and Exclusive original jurisdiction in 1 actions which involve title to, or possession of, real property, or any interest therein where the assessed value of the property or interest therein does not exceed Twenty thousand pesos (P20,000.00) or, in civil actions in Metro. Manila, where’ such assessed value does not exceed Fifty thousand pesos (P50,000.00) exclusive of interest, damages of whatever kind, attorney's fees, CHAPTER 35 (GOVERNMENT STRUCTURE property shall be determined by the assessed value of the adjacent lots (Sec. 33, Batas Pambansa Blg. 129), Sec. 33 of Batas Pambansa Blg. 129 provides that the Supreme Court may designate MeTCs, MTCCs, MTCs, and MCTCs to hear and determine cadastral or land registration cases where the value does not exceed one hundred thousand pesos (P100,000.00). Their de is can be appealed in the same manner as the Regional Trial Courts. The MeTCs, MTCCs, MTCs, and MCTCs are empowered to hear and decide petitions fora writ of habeas corpus or app! for bail in c cases in the province or city in the absence of the Regional Trial Court Judges. The Supreme Court approved on September 9, 2008 the Rule of Procedure for Small Claims Cases (A.M. No. 08-8-7-SC) ich took effect on October 1, 2008 afters its publication in two newspapers of general circulation. Forty-four (44) first level couris Metropolitan ‘Trial Courts(MéTC), Municipal ial Courts cases. On February 16,2010, a Resolution of the Court En Bane was approved amending provisions of the Rule of Procedure for Small Clainss Cases (A.M. No. 08-8-7-SC). On March of 2010, all the first level courts in the country, except Shar’a courts were empowered hear small claims cases. Small People’s Courts.” The cases are reac be decided at the first hearing. hearings. Thus, the procedu first level courts try not allowed in is considered inexpensive. These No, 08-8-7-SC in all actions “which are: (a) purely where the claim or relief prayed for by the plainti payment or reimbursement of sum of mone;