1 Antonio MSantos AGuideto PH

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Antonio M. Santos. Guide to Philippine Legal Information: An Introduction to Legal
Bibliography, Legal History, Legal System, Legal Philosophy, Legal Research, Legal
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Bibliography, Leg History, Leg System, Leg Philosophy, Leg Research, Leg Profession
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Profession. Diliman, Quezon City, College of Law, University of the Philippines.
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Santos Antonio M. Guide to Philippine Legal Information: An Introduction to Legal
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CHAPTER VII
CASE LAW
A. Concept, Scope and Classification
Case law is the general term that refers to a great class of

official literary manifestations of law made up of cases decided
by persons and agencies of the government performing judicial
and quasi-judicial functions. Judicial decisions provide the
second important set of rules, which have the force and effect
of law consisting of those legal principles emanating from the
decisions of courts of justice.
Section 14 of Article VIII of the present Constitution

states that: "No decision shall be rendered by any court
without expressing therein clearly and distinctly the facts and
the law on which it is based (Emphasis supplied)." Note that
the provision applies to courts not to administrative agencies
exercising quasi-judicial function. For administrative agencies,
however, the landmark case of Ang Tibay v. Court of Industrial
Relations1 laid down the fundamental due process rights of
litigants which apply even to trials and investigations
administrative in character. These fundamental rights are as
follows:
The first of these rights is the right to a hearing,

which includes the right of the party interested or
affected to present his own case and submit
evidence in support thereof.
1 G.R. No. 46496, February 27,1940,69 Phil. 635 (1940).

CHAPTER VII: CASE LAW I 105
* Not only must the party be given an opportunity to

present his case and to adduce evidence tending to
establish the rights which he asserts but the tribunal
must consider the evidence presented.
" Not only must there be some evidence to support a

finding or conclusion. It means such relevant
evidence as a reasonable mind might accept as
adequate to support a conclusion.
* The decision must be rendered on the evidence

presented at the hearing, or at least contained in the
record and disclosed to the parties affected.
* The agency or any of its officers, therefore, must act

on its or his own independent consideration of the
law and facts of the controversy, and not simply
accept the views of a subordinate in arriving at a
decision.
* The agency should, in all controversial questions,

render its decision in such a manner that the parties
to the proceeding can know the various issues
involved, and the reasons for the decision rendered.
The performance of this duty is inseparable from
the authority conferred upon it.
B. Essential Parts of a Decision
Generally, case law may be divided into conventional decisions

and subordinate decisions. Conventional decisions are those
decisions which emanates from regularly or specially
constituted courts of justice. Subordinate decisions, on the
other hand are those decisions made in accordance with law,
by administrative and legislative tribunals.2
2Moreno.
106 I A GUIDE TO PHILIPPINE LEGAL INFORMATION
In particular, case law is classified as follows: decisions

of regular courts of justice; decisions of special courts of justice;
decisions of administrative tribunals, decisions of legislative
tribunals; rulings of board and commissions; rulings of
administrative officers; and opinions of legal officers of the
government. 3
The Supreme Court in Velarde v. Social Justice Society4

suggested the following as essential parts of a good decision:
(1) statement of the case; (2) statement of facts; (3) issues or
assignments of errors; (4) court ruling, in which each issue is,
as a rule, separately considered and resolved; and, (5) the
dispositive portion.
Statement of the Case
The Statement of the Case consists of a legal definition of the

nature of the action. This part states whatever the action is a
civil case, for example, for quieting of title or foreclosure of a
mortgage.
In a criminal case, this part describes the specific charge

and the plea of the accused. If the case is being decided on
appeal or on a petition for certiorari,the court of origin, the case
number in the trial court, and the dispositive portion of the
assailed decision. In a criminal case, the reproduction of the
criminal information serves as a guide in determining the
nature and the gravity of the offense for which the accused
may be found liable. As a rule, the accused cannot be convicted
of a crime different from or graver than that charged.
Quoting the text of the information is important when

there is a question on the sufficiency of the charge, or on
whether qualifying and modifying circumstances have been
alleged.
3 Id. at 74.
4 G.R. No. 159357, April 28,2004,428 SCRA 333 (2004).
To ensure that due process is accorded to the defendant,

it is important to give a short description of the proceedings
regarding the plea of the accused. The absence of an
arraignment or a serious irregularity may render the judgment
void, making consideration by the appellate court futile. In
some instances it would also be useful to mention the fact of
the appellants' detention, in order to dispose of the preliminary
query - whether or not they have abandoned their appeal by
absconding or jumping bail.
Mentioning the court of origin and the case number

originally assigned helps in facilitating the consolidation of the
records of the case in both the trial and the appellate courts,
after entry of final judgment. Finally, the reproduction of the
decretal portion of the assailed decision informs the reader of
how the appealed case was decided by the lower court.
Statement of Facts
There are different ways of relaying the facts of the case.
First, under the objective or reportorial method, the

judge summarizes - without comment - the testimony of each
witness and the contents of each exhibit.
Second, under the synthesis method, the factual theory

of the plaintiff or prosecution and then that of the defendant is
summarized by the judge.
Third, in the subjective method, the version of the facts

accepted by the judge is simply narrated without explaining
what the parties' versions are.
Finally, through a combination of objective and

subjective means, the testimony of each witness is reported and
the judge then formulates his or her own version of the facts.
In criminal cases, it is better to present both the version

of the prosecution and that of the defense, in the interest of
fairness and due process. A detailed evaluation of the

contentions of the parties must follow. The resolution of most
criminal cases depends to a large extent of the factual issues
and the appreciation of the evidence. The plausibility or the
implausibility of each version can sometimes be initially drawn
from a reading of the facts. Thereafter, the bases of the court in
arriving at its findings and conclusions should be explained.
A reviewing court may find no reason to reverse the

findings of the lower court, the fact that the assailed decision of
the lower court if the latter fully, intelligently and correctly
resolved all factual and legal issues involved. Conversely, the
lower court's failure to appreciate facts or misapplication of the
law would explain why its ruling is reversed or modified.
In appealed civil cases, the opposing sets of facts no

longer need to be presented. Issues for resolution usually
involve questions of law, grave abuse of discretion, or want of
jurisdiction; hence, the facts of the case are seldom disputed.
With few exceptions, factual issues are not entertained in non-
criminal cases. Consequently, the narration of facts by the
lower court, if exhaustive and clear, may be reproduced. If not,
the material factual antecedents should be restated in the
words of the reviewing judge.
Issues or Assignment of Errors
Both factual and legal issues should be stated. On appeal, the

assignment of errors, as mentioned in the appellant's brief, may
be reproduced in toto and tackled seriatim, to avoid motions for
reconsideration of the final decision on the ground that the
court failed to consider all assigned errors that could affect the
outcome of the case. But when the appellant presents repetitive
issues or when the assigned errors do not strike at the main
issue, these may be restated in clearer and more coherent
terms.
Though not specifically questioned by the parties,

additional issues may be included, if deemed important for
substantial justice to be rendered. Note that appealed criminal

cases are given de novo review, in contrast to non-criminal cases
in which the reviewing court is generally limited to issues
specifically raised in the appeal. The few exceptions are errors
of jurisdiction; questions not raised but necessary in arriving at
a just decision on the case; or unassigned errors that are closely
related to those properly assigned, or upon which depends the
determination of the question properly raised.
The Court'sRuling
This part contains a full discussion of the specific errors or

issues raised in the complaint, petition or appeal, as the case
may be; or other issues the court deems essential to a just
disposition of the case. Where there are several issues, each one
should be separately addressed, as much as practicable. The
respective contentions of the parties should also be mentioned
here.
The Dispositionor DispositivePortion
In a criminal case, the disposition should include a finding of

innocence or guilt, the specific crime committed, the
participation of the accused, the penalty imposed, the
modifying circumstances, if any, and the civil liability and
costs. In case an acquittal is decreed, the court must order the
immediate release of the accused, if detained, (unless they are
being held for another cause) and order the director of the
Bureau of Corrections (or whatever the accused is detained) to
report, within a maximum of ten (10) days from notice, the
exact date when the accused were set free.
In a civil case as well as in a civil action, the disposition

should state whether the complaint or petition is granted or
denied, the specific relief granted, and the costs. The following
test of completeness may be applied. First, the parties should
know their rights and obligations. Second, they should know
how to execute the decision under alternative contingencies.
Third, there should be no need for further proceedings to

dispose the issues. Fourth, the case should be terminated by
according the proper relief. The "proper relief" usually
depends upon what the parties seek in their pleadings. It may
declare their rights and duties, command the performance of
positive presentations, or order them to abstain from specific
acts. The disposition must also adjudicate costs.
The foregoing parts need not always be discussed in

sequence. But they should all be present and plainly
identifiable in the decision. Depending on the writer's
character, genre and style, the language should be fresh and
free-flowing, not necessarily stereotyped or in a fixed form;
much less highfalutin, hackneyed and pretentious. At all times,
however, the decision must be clear, concise, complete and
correct.
C. The Philippine Court System
Under the 1987 Constitution of the Philippines in Article VIII,

Section 1, the judicial power is vested in one Supreme Court
and such lower courts as may be established by law.
Judicial power includes:
" the duty of the courts of justice to settle actual

controversies involving rights which are legally
demandable and enforceable; and
" to determine whether or not there has been a grave

abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or
instrumentality of the Government.
At the top of the hierarchy of courts is the Supreme

Court.
- Supreme Court
* Composition: composed of a Chief Justice and

fourteen Associate Justices.
* Power andjurisdiction:
Civil cases
1. Exclusive original jurisdiction over petition for

certiorari, prohibition and mandamus against Court
of Appeals, Commission on Election, Commission
on Audit, Court of Tax Appeals and
Sandiganbayan;
2. Concurrent jurisdiction to issue writs of certiorari,

prohibition and mandamus against Regional Trial
Courts5 and National Labor Relations Commission 6,
habeas corpus and quo warranto.
3. Concurrent jurisdiction to issue Writ of Amparo7
4. Concurrent jurisdiction to issue Writ of Habeas Data

when the action concerns public data files of
government offices 8

prohibition and mandamus against inferior courts
and other bodies 9
5 Concurrent with CA
6 Concurrent with the CA but must be filed first with the CA by virtue of a
jurisprudence [St. Martin FuneralHome v. CA (1998)].
7 Concurrent with RTC of the place where the threat, act or omission was
committed or any of its elements occurred, Sandiganbayan , and CA. Sec. 3
of the Rule on the Writ of Amparo [A.M. No. 07-9-12-SC (September 25,
2007)].
8 Concurrent with RTC where the petitioner or respondent resides, or that
which has jurisdiction over the place where the data or information is
gathered, collected or stored, Sandiganbayan, and CA. Sec. 3 of the Rule on
the Writ of HabeasData [A.M. No. 08-1-16-SC (January 22,2008)].
9 Concurrent with RTC, CA and Sandiganbayan
6. Concurrent jurisdiction over petitions for habeas

corpus and quo warranto 10
7. Concurrent jurisdiction on cases affecting

ambassadors, other public ministers and consuls"
8. Appellate jurisdiction: Review, revise, reverse,

modify, or affirm on appeal or certiorari, final
judgments and orders of lower courts in:
(a) All cases in which the constitutionality or

validity of any treaty, international or executive
agreement, law, presidential decree,
proclamation, order, instruction, ordinance, or
regulation is in question.
(b) All cases involving the legality of any tax,

impost, assessment, or toll, or any penalty
imposed in relation thereto.
(c) All cases in which the jurisdiction of any lower

court is in issue.
(d) All criminal cases in which the penalty imposed

is reclusion perpetua or higher.
(e) All cases in which only an error or question of

law is involved.
Criminal cases
1. Exclusive original jurisdiction over petition for

certiorari, prohibition and mandamus against Court
of Appeals and Sandiganbayan;
10 Concurrent with RTC, CA and Sandiganbayan.

11Concurrent with RTC. See Sec. 5 of Art VIII of the 1987 Constitution and
Sec. 21 of B.P. 129

2
Courts'

prohibition and mandamus against Municipal Trial
Courts13
4. Appellate jurisdiction by petition for review on

certiorari from Court of Appeals, Sandiganbayan,
and Regional Trial Court where only error or
question of law is involved. 14
5. Appellate jurisdiction:
a. by Notice of Appeal
i. in exercise of original jurisdiction of
Regional Trial Court except those
appealable to Sandiganbayan
ii. where penalty imposed by the Regional

Trial Court is reclusion perpetua, or life
imprisonment, or where a lesser penalty is
imposed but for offenses committed on the
same occasion or which arose out of the
same occurrence that gave rise to the more
serious offense for which the penalty of
death, reclusion perpetua, or life
imprisonment is imposed,
b. by Automatic review
i. Regional Trial Court imposes death
penalty
12Concurrent with CA
13 Concurrent with CA and RTC
14 See Rule 122.2. See Republic Act No. 8249 (1997), Sec. 5.
c. by petition for review

i. Regional Trial Court decision arising from
cases appealed thereto by lower courts and
not appealable to Sandiganbayan
Supreme Court's other powers include:
1. Assign temporarily judges of lower courts to other

stations as public interest may require.
2. Order a change of venue or place of trial to avoid a

miscarriage of justice.
3. Promulgate rules concerning the protection and

enforcement of constitutional rights, pleading,
practice, and procedure in all courts, the admission
to the practice of law, the integrated bar, and legal
assistance to the under-privileged. Such rules shall
provide a simplified and inexpensive procedure for
the speedy disposition of cases, shall be uniform for
all courts of the same grade, and shall not diminish,
increase, or modify substantive rights. Note that
rules of procedure of special courts and quasi-
judicial bodies shall remain effective unless
disapproved by the Supreme Court.
4. Appoint all officials and employees of the Judiciary

in accordance with the Civil Service Law.' 5
5. The Supreme Court shall have administrative

supervision over all courts and the personnel
thereof.16
15 Const. Art VIII, Sec. 5

16 Const Art VIII, Sec. 6
Lower courts include:
- Court ofAppeals
Composition: a Presiding Justice and fifty Associate

7
Justice.1
Power and jurisdiction: The Court of Appeals have the

power to try cases and conduct hearings, receive
evidence and perform any and all acts necessary to
resolve factual issues raised in cases falling within its
original and appellate jurisdiction, including the power
to grant and conduct new trials.1 8
The Court Appeals exercises its powers, functions, and

duties, through seventeen (17) divisions, each
composed of three (3) members. The Court may sit en
banc only for the purpose of exercising administrative,
ceremonial, or other non-adjudicatory functions.19
Civil cases
1. Exclusive original jurisdiction over actions for

annulment of judgments of Regional Trial Courts;
2. Concurrent jurisdiction to issue writs of mandamus,

prohibition, certiorari against Regional Trial
Courts 2 and against National Labor Relations
Commission,2 ' habeas corpus, and quo warranto,
and auxiliary writs or processes, whether or not in
aid of its appellate jurisdiction;
17 Batas Pambansa Big. 129 (1981), Sec. 3

20 Concurrent with the Supreme Court
21 Concurrent with the Supreme Court but must be filed first with the CA by
virtue of a jurisprudence [St. Martin Funeral Home v. CA, G.R. No. 130866,
Sept. 16,1998,295 SCRA 494 (1998)].
3. Concurrent jurisdiction to issue Writ of Amparo 22


prohibition and mandamus against inferior courts
and other bodies 24
6. Concurrent jurisdiction over petitions for habeas

corpus and quo warranto25
7. Exclusive appellate jurisdiction over all final

judgments, resolutions, orders or awards of
Regional Trial Courts and quasi-judicial agencies,
instrumentalities, boards or commission, including
the Securities and Exchange Commission, the Social
Security Commission, the Employees Compensation
Commission and the Civil Service Commission,
Except those falling within the appellate jurisdiction
of the Supreme Court in accordance with the
Constitution, the Labor Code, Batas Pambansa Blg.
129 and of subparagraph (1) of the third paragraph
and subparagraph 4 of the fourth paragraph of
Section 17 of the Judiciary Act of 1948.
22 Concurrent with RTC of the place where the threat, act or omission was
committed or any of its elements occurred, Sandiganbayan, and Supreme
Court. Sec. 3 of the Rule on the Writ of Amparo [A.M. No. 07-9-12-SC
(September 25, 2007)].
23 Concurrent with RTC where the petitioner or respondent resides, or that
which has jurisdiction over the place where the data or information is
gathered, collected or stored, Sandiganbayan, and Supreme Court. Sec. 3 of
the Rule on the Writ of HabeasData [A.M. No. 08-1-16-SC (January 22,2008)].
24
Concurrent with RTC, Sandiganbayan, and SC
25 Concurrent with RTC, Sandiganbayan, and SC
CHAPTER VII: CASE LAW 1 117
Criminalcases
1. Action for annulment of judgment of Regional Trial

Court

Courts26

prohibition and mandamus against Municipal Trial
Courts27
4. Special powers and authority under Republic Act

No. 9372 otherwise known as the Human Security
Act
Court of Tax Appeals
* Composition: consists of a Presiding Justice and five (5)

Associate Justices.
* Power and jurisdiction:Under Republic Act No. 1125, the

Court of Tax Appeals was established, with exclusive
appellate jurisdiction over tax and customs cases.
Republic Act No. 1125 was amended by Republic Act
No. 9282 which expanded Court of Tax Appeal's
jurisdiction and elevated the court's rank to the level of
the Court of Appeals.
A. Exclusive appellate jurisdiction to review by appeal:
1. Decisions of the Commissioner of Internal

Revenue in cases involving disputed
assessments, refunds of internal revenue taxes,
fees or other charges, penalties in relation
26
Concurrent with SC
27
Concurrent with SC and RTC
thereto, or other matters arising under the

National Internal Revenue Code or other laws
administered by the Bureau of Internal Revenue;
2. Inaction by the Commissioner of Internal Revenue

in cases involving disputed assessments, refunds
of internal revenue taxes, fees or other charges,
penalties in relations 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;
3. Decisions, orders or resolutions of the Regional

Trial Courts in local tax cases originally decided or
resolved by them in the exercise of their original
or appellate jurisdiction;
4. Decisions of the Commissioner of Customs in

cases involving liability for customs duties, fees or
other money charges, seizure, detention or release
of property affected, fines, forfeitures or other
penalties in relation thereto, or other matters
arising under the Customs Law or other laws
administered by the Bureau of Customs;
5. Decisions of the Central Board of Assessment

Appeals in the exercise of its appellate jurisdiction
over cases involving the assessment and taxation
of real property originally decided by the
provincial or city board of assessment appeals;
6. Decisions of the Secretary of Finance on customs

cases elevated to him automatically for review
from decisions of the Commissioner of Customs
which are adverse to the Government under
Section 2315 of the Tariff and Customs Code;
7. Decisions of the Secretary of Trade and Industry,

in the case of nonagricultural product, commodity
or article, and the Secretary of Agriculture in the
case of agricultural product, commodity or article,
involving dumping and countervailing duties
under Section 301 and 302, respectively, of the
Tariff and Customs Code, and safeguard
measures under Republic Act No. 8800, where
either party may appeal the decision to impose or
not to impose said duties.
B. Jurisdiction over cases involving criminal offenses

as herein provided:
1. Exclusive original jurisdiction over all criminal
offenses arising from violations of the National
Internal Revenue Code or Tariff and Customs
Code and other laws administered by the
Bureau of Internal Revenue or the Bureau of
Customs: Provided, however, That offenses or
felonies mentioned in this paragraph where the
principal amount o taxes and fees, exclusive of
charges and penalties, claimed is less than One
million pesos (P1,000,000.00) or where there is
no specified amount claimed shall be tried by
the regular Courts and the jurisdiction 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
civil 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 criminal action being
deemed to necessarily carry with it the filing of
the civil action, and no right to reserve the filing
of such civil action separately from the criminal
action will be recognized.
2. Exclusive appellate jurisdiction in criminal

offenses:
a. Over appeals from the judgments,

resolutions or orders of the Regional Trial
Courts in tax cases originally decided by
them, in their respected territorial
jurisdiction.
b. Over petitions for review of the judgments,

Courts in the exercise of their appellate
jurisdiction over tax cases originally decided
by the Metropolitan Trial Courts, Municipal
Trial Courts and Municipal Circuit Trial
Courts in their respective jurisdiction.
C. Jurisdiction over tax collection cases as herein

provided:
1. Exclusive original jurisdiction in tax collection

cases involving final and executory assessments
for taxes, fees, charges and penalties: Provided,
however, That collection cases where the
principal amount of taxes and fees, exclusive of
charges and penalties, claimed is less than One
million pesos (P1,000,000.00) shall be tried by
the proper Municipal Trial Court, Metropolitan
Trial Court and Regional Trial Court.
2. Exclusive appellate jurisdiction in tax collection

cases:
a. Over appeals from the judgments,

Courts in tax collection cases originally
decided by them, in their respective
territorial jurisdiction.
b. Over petitions for review of the judgments,

Courts in the exercise of their appellate
jurisdiction over tax collection cases
originally decided by the Metropolitan Trial
Courts, Municipal Trial Courts and
Municipal Circuit Trial Courts, in their
respective jurisdiction.28
- Sandiganbayan
* Composition: composed of a presiding justice and
fourteen associate justices.
* Power andjurisdiction:
1. Violations of Republic Act No. 3019,29 Republic Act

No. 1379,30 and Chapter II, Sec. 2, Title VII, Book II
of the Revised Penal Code, where one or more of the
accused are officials occupying the following
positions in the government whether in a
permanent, acting or interim capacity, at the time of
the commission of the offense:
a. Officials of the executive branch occupying the

positions of regional director and higher,
otherwise classified as Grade '27' and higher, of
the Compensation and Position Classification
Act of 1989 (Republic Act No. 6758), specifically
including:
i. Provincial governors, vice-governors,

members of the sangguniang panlalawigan
and provincial treasurers, assessors,
2 Rep. Act No. 9282 (2004) Sec. 7.

29
As amended, otherwise known as the Anti-Graft and Corrupt Practices Act
30 An Act Declaring Forfeiture in Favor of the State and Property Found to
Have Been Unlawfully Acquired by Any Public Officers or Employees and
Proceedings Therefor.
engineers and other provincial department

heads;
ii. City mayors, vice-mayors, members of the

sangguniang panlungsod, city treasurers,
assessors engineers and other city
department heads;
iii. Officials of the diplomatic service occupying

the position of consul and higher;
iv. Philippine army and air force colonels, naval

captains, and all officers of higher rank;
v. Officers of the Philippine National Police

while occupying the position of provincial
director and those holding the rank of senior
superintendent or higher;
vi. City and provincial prosecutors and their

assistants, and officials and prosecutors in
the Office of the Ombudsman and special
prosecutor;
vii. Presidents, directors or trustees, or managers

of government-owned or controlled
corporations, state universities or
educational institutions or foundations;
b. Members of Congress and officials thereof

classified as Grade 27 and up under the
Compensation and Position Classification Act of
1989;
c. Members of the judiciary without prejudice to

the provisions of the Constitution;
d. Chairmen and members of Constitutional

Commissions, without prejudice to the
provisions of the Constitution; and
e. All other national and local officials classified as

Grade'27'and higher under the Compensation
and Position Classification Act of 1989.
2. Other offenses or felonies whether simple or

complexed with other crimes committed by the
public officials and employees mentioned in sub
Section A of this Section in relation to their office.
3. Civil and criminal cases filed pursuant to and in

connection with Executive Order Nos. 1, 2, 14 and
14-A, issued in 1986.
4. Exclusive original jurisdiction over petitions for the

issuance of the writs of mandamus, prohibition,
certiorari, habeas corpus, injunctions, and other
ancillary writs and processes in aid of its appellate
jurisdiction and over petitions of similar nature,
including quo warranto, arising or that may arise in
cases filed or which may be filed under Executive
Order Nos. 1,2,14 and 14-A, issued in 1986
5. Exclusive appellate jurisdiction over final

judgments, resolutions or orders or regional trial
courts whether in the exercise of their own original
jurisdiction or of their appellate jurisdiction in cases
where none of the accused are occupying positions
corresponding to salary grade 27 or higher, as
prescribed in Republic Act No. 6758, or military or
PNP officers
- Regional Trial Courts
By virtue of Batas Pambansa Blg. 129, thirteen (13) Regional

Trial Courts are created, one each for the thirteen (13) judicial
regions. The law also apportioned several branches. with
Regional Trial Court judges commissioned in each of the

judicial regions. 31
Power andjurisdiction:
1. All civil actions in which the subject of the litigation

is incapable of pecuniary estimation;
2. In all civil actions which involve the title to, or

possession of, real property, or any interest therein,
where the assessed value of the property involved
exceeds Twenty thousand pesos (P20,000.00) or for
civil actions in Metro Manila, where such the value
exceeds Fifty thousand pesos (50,000.00) except
actions for forcible entry into and unlawful detainer
of lands or buildings, original jurisdiction over
which is conferred upon Metropolitan Trial Courts,
Municipal Trial Courts, and Municipal Circuit Trial
Courts;
3. In all actions in admiralty and maritime jurisdiction

where the demand or claim exceeds Three hundred
thousand pesos (P300,000.00) or, in Metro Manila,
where such demand or claim exceeds Four hundred
thousand pesos (400,000.00);
4. In all matters of probate, both testate and intestate,

where the gross value of the estate exceeds Three
hundred thousand pesos (P300,000.00) or, in
probate matters in Metro Manila, where such gross
value exceeds Four hundred thousand pesos
(400,000.00);
5. In all actions involving the contract of marriage and

marital relations;
6. In all cases not within the exclusive jurisdiction of

any court, tribunal, person or body exercising

jurisdiction or any court, tribunal, person or body

exercising judicial or quasi-judicial functions;
7. In all civil actions and special proceedings falling

within the exclusive original jurisdiction of a
Juvenile and Domestic Relations Court and of the
Courts of Agrarian Relations as now provided by
law; and
8. In 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 hundred
thousand pesos (300,000.00) or, in such other
abovementioned items exceeds Four hundred
thousand pesos (400,000.00).32
9. Concurrent jurisdiction in 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;
10. Concurrent jurisdiction in actions affecting

ambassadors and other public ministers and
consuls.3
11. Concurrent jurisdiction to issue Writ of Amparo35

32
Batas Pambansa Big. 129 (1981), Sec. 19
3
Concurrent with CA, Sandiganbayan and SC
34 Concurrent with SC
3 Concurrent with CA, Sandiganbayan and SC. Sec. 3 of the Rule on the Writ
ofAmparo [A.M. No. 07-9-12-SC (Sept 25,2007)].
36
Concurrent with CA, Sandiganbayan, and Supreme Court Sec.3 of the Rule
on the Writ of Habeas Data [A.M. No. 08-1-16-SC (anuary 22,2008)].
13. Appellate jurisdiction over all cases decided by

Metropolitan Trial Courts, Municipal Trial Courts,
and Municipal Circuit Trial Courts in their
respective territorial jurisdictions, except decisions
of lower courts in exercise of delegated
37
jurisdiction.
14. Special jurisdiction to try special cases: The

Supreme Court may designate certain branches of
the Regional Trial Courts to handle exclusively
criminal cases, juvenile and domestic relations
cases, agrarian cases, urban land reform cases which
do not fall under the jurisdiction of quasi-judicial
bodies and agencies, and/or such other special
cases as the Supreme Court may determine in the
interest of a speedy and efficient administration of
justice.3
Criminal cases
1. Exclusive original jurisdiction in all criminal cases

not within the exclusive jurisdiction of any court,
tribunal or body, except those now falling under the
exclusive and concurrent jurisdiction of the
Sandiganbayan which shall hereafter be exclusively
taken cognizance of by the latter.
2. Offenses with imposable penalty of more than 6

years imprisonment.
- Municipal Trial Courts
Batas Pambansa Big. 129 also created a Metropolitan Trial

Court in each metropolitan area established by law, a
37
Jurisdiction over appeals of decision by RTC over delegated cases is lodged
with CA.
38
Batas Pambansa Big. 129 (1981), Sec. 23.
Municipal Trial Court in each of the other cities or

municipalities, and a Municipal Circuit Trial Court in each
circuit comprising such cities and/or municipalities as are
grouped together pursuant to law.39
Civil cases
1. Exclusive original jurisdiction over civil actions and

probate proceedings, testate and intestate, including
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
interest damages of whatever kind, attorney's fees,
litigation expenses, and costs, the amount of which
must be specifically alleged: Provided, 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,
irrespective of whether the causes of action arose
out of the same or different transactions;
2. Exclusive original jurisdiction 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
possession cannot be resolved without deciding the
issue of ownership, the issue of ownership shall be
resolved only to determine the issue of possession.
3. Exclusive original jurisdiction in all civil actions

which involve title to, or possession of, real
property, or any interest therein where the assessed
39
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, litigation expenses
and costs: Provided, That value of such property
shall be determined by the assessed value of the
adjacent lots.40
4. Delegated jurisdiction, as may be assigned by the

Supreme Court, to hear and determine cadastral or
land registration cases covering lots where there is
no controversy or opposition, or contested lots the
where the value of which does not exceed One
hundred thousand pesos (P100,000.00), such value
to be ascertained by the affidavit of the claimant or
by agreement of the respective claimants if there are
more than one, or from the corresponding tax
declaration of the real property. Their decisions in
these cases shall be appealable in the same manner
as decisions of the Regional Trial Courts. 41
5. Special jurisdiction in the absence of all the Regional

Trial Judges in a province or city, to hear and decide
petitions for a writ of habeas corpus or applications
for bail in criminal cases in the province or city
where the absent Regional Trial Court Judges sit.
Criminalcases
1. Exclusive original jurisdiction over all violations of

city or municipal ordinances committed within their
respective territorial jurisdiction;
40
BatasPambansa Big. 129 (1981), Sec. 33.
41
2. Exclusive original jurisdiction over all offenses

punishable with imprisonment not exceeding six (6)
years irrespective of the amount of fine, and
regardless of other imposable accessory or other
penalties, including the civil liability arising from
such offenses or predicated thereon, irrespective of
kind, nature, value, or amount thereof: Provided,
however, That in offenses involving damage to
property through criminal negligence they shall
have exclusive original jurisdiction thereof.42
3. Cases covered by Rules on Summary Procedure,

such as those involving violations of traffic laws,
rules and regulations and violations of the rental
law.43
- Shari'aCourts
Created by virtue of Presidential Decree No. 1083 otherwise

known as the Code of Muslim Personal Laws, Shari'a Courts -
which are courts of limited jurisdiction - are made part of the
judicial system. Shari'a courts and its personnel are subject to
the administrative supervision of the Supreme Court. In line
with this, five special judicial districts44 are created with each
having one Shari'a District Court.
42
43
Batas Pambansa Blg. 129 (1981), Sec. 36.
44 The five special judicial districts are:
(a) The First Shari'a District shall comprise the Province of Sulu; .chan
robles virtual law library
(b) The Second Shari'a District, the Province of Tawi-Tawi;
(c) The Third Shari'a District, the Province of Basilan, Zamboanga del
Norte and Zamboanga del Sur, and the Cities of Dipolog, Pagadian
and Zamboanga;
(d) The Fourth Shari'a District, the provinces of Lanao del Norte and
Lanao del Sur, and the Cities of Iligan and Marawi; and
(e) The Fifth Shari'a District, the Provinces of Maguindanao, North
Cotabato and Sultan Kudarat, and the City of Cotabato;
Shari'aDistrict Courts
2. Exclusive original jurisdiction over:
a. All cases involving custody, guardianship,

legitimacy, paternity and filiation arising under
the Code of Muslim Personal Laws;
b. All cases involving disposition, distribution and

settlement of the estate of deceased Muslims,
probate of wills, issuance of letters of
administration or appointment of administrators
or executors regardless of the nature or the
aggregate value of the property;
c. Petitions for the declaration of absence and

death and for the cancellation or correction of
entries in the Muslim Registries mentioned in
Title VI of Book Two of the Code of Muslim
Personal Laws;
d. All actions arising from customary contracts in

which the parties are Muslims, if they have not
specified which law shall govern their relations;
and
e. All petitions for mandamus, prohibition,

injunction, certiorari, habeas corpus, and all
other auxiliary writs and processes in aid of its
appellate jurisdiction.
3. Concurrently with existing civil courts, the Sharia

District Court shall have original jurisdiction over:
a. Petitions by Muslims for the constitution of a

family home, change of name and commitment
of an insane person to an asylum;
b. All other personal and real actions not

mentioned in paragraph 1 (d) wherein the
parties involved are Muslims except those for
forcible entry and unlawful detainer, which
shall fall under the exclusive original
jurisdiction of the Municipal Circuit Court; and
c. All special civil actions for interpleader or

declaratory relief wherein the parties are
Muslims or the property involved belongs
45
exclusively to Muslims.
4. Appellate jurisdiction over all cases tried in the

Shari'a Circuit Courts within their territorial
jurisdiction.46
Shari'aCircuit Courts47
1. Exclusive original jurisdiction over:
a. All cases involving offenses defined and

punished under the Code of Muslim Personal
Laws.
b. All civil actions and proceedings between

parties who are Muslims or have been married
45
Art 143
46 Art 144
47
Shari'a Circuit Courts established by the Code:
(a) Six such courts in the Province of Sulu;
(b) Eight in the Province of Tawi-Tawi;
(c) Ten in and for the Provinces of Basilan, Zamboanga del Norte and
Zamboanga del Sur, and the Cities of Dipolog, Pagadian, and
Zamboanga;
(d) Twelve in and for the Provinces of Lanao del Norte and Lanao del Sur
and the Cities of Iligan and Marawi;
(e) Fifteen in and for the Province of Maguindanao, North Cotabato and
Sultan Kudarat and the City of Cotabato.
in accordance with Article 13 of the Code

involving disputes relating to:
i.Marriage;
ii.Divorce recognized under the Code;
iii.Betrothal or breach of contract to marry;
iv. Customary dower (mahr);
v. Disposition and distribution of property
upon divorce;
vi. Maintenance and support, and
consolatory gifts, (mut'a); and
vii. Restitution of marital rights.
c. All cases involving disputes relative to
communal properties. 48
48 Art. 155
Following is the structure of the Philippine Judicial

System.
The Philippine Court System
-gig-
T Apa
-aa
W Regular Court
Special Court
134 1 A GUIDE TO PHILIPPINE LEGAL INFORMATION
D. Case Law Materials/Publications
- ConventionalDecisions
-- Decisions of the Supreme Court

When the Supreme Court renders a decision, a written opinion
or memorandum exemplifying the ground and scope of the
judgment of the court shall be filed with the Clerk of Court and
shall be recorded by him in an opinion book. When the court
shall deem a decision to be of sufficient importance to
necessitate publication, the Clerk shall furnish a certified copy
of the decision to the Reporter. The Reporter then prepares and
publishes with each reported decision a concise synopsis of the
facts necessary to clear understanding of the case, stating the
names of counsel, together with the material points raised and
determined, citing each case, which shall be confined, as near
as possible to points of law decided by the courts on the facts of
49
the case without necessity of reciting the facts.
1. Official Repositories of Decisions of the Supreme

Court - What distinguishes a law report as official is
the fact that it is printed under the supervision of an
authorized government agency. The decisions of the
Supreme Court appear in three official publications,
namely: Advance Sheets; Official Gazette; and the
PhilippineReports.
a. Advance Sheet - As soon as decisions of the

Supreme Court become final they are published
in advance sheets in mimeographed form. Thus
they are made available to the bench and the bar
at the earliest date possible, much earlier that
their publication in the Official Gazette.
b. Official Gazette - The Official Gazette is an

official publication of the government printed
by the National Printing Office. The decisions of
the Supreme Court are published under the
49
Supra note 3 at 166.
section, "Decisions of the Supreme Court."

While before all these decisions were published
in the Official Gazette, at present because of the
volume of decisions promulgated by the
Supreme Court, not all are found in the Official
Gazette.
c. Philippine Reports - Decisions of the Supreme

Court from August 8, 1901 are published in the
Philippine Reports, printed by the National
Printing Office. The decisions are arranged
according to the dates of their promulgation. As
soon as there are about seven hundred fifty
pages of decisions published in the Official
Gazette, the Reporter gathers them and
publishes them in the Philippine Reports. At the
outbreak of the Pacific War, the Bureau of
Printing printed 74 volumes of the Philippine
Reports, with the latest decision dated October
31, 1937.
Decisions of the Supreme Court during the

Japanese Occupation were not preserved
completely. However, some decisions are found
in volumes 73 and 74 of the Philippine Reports.
After the war, it resumed the printing of volume
75 up to volume 110, which covered decisions
promulgated from Nov. 23, 1960 to January 31,
1961. The Bureau of Printing continued printing
of the Philippine Reports up to volume 126,
covering the period from April to June 1967. The
Supreme Court took over starting with vol. 127
(July 1967) to vol. 456 (August, 2003). There are
at present 564 volume of Philippine Report in
book form.
d. PhilippineReports (Reprints) - The destruction of

libraries and reserve copies of Philippine
Reports in the Bureau of Printing during the war
necessitated the reprinting of these reports and

the Supreme Court entrusted the undertaking to
the Lawyers' Cooperative Publishing Co., which
by photo-offset process, reprinted the first 74
volumes of the Philippine Reports. However,
the index-digest found in the original volumes is
omitted in the reprinted set.
e. Jurisprudencia Filipina - This is the Spanish

edition of the Philippine Reports, also printed by
the Bureau of Printing. It is arranged in the same
order as that of the Philippine Reports, each
volume containing the same cases published in
the corresponding volume of the Philippine
Reports. Its publication was discontinued
during the war to the present. Like the English
edition. It contains the same parts.
2. Unofficial Reporting of Supreme Court Decisions
a. PhilippineDecisions - Unofficial law reporting in

the Philippines is exemplified by the publication
known as Philippine Decisions (Community
Publishers, Inc., Manila), which selected the
leading cases reported in Vols. 1 to 54 of the
Philippine Reports and collected them in 10
volumes. It actually served as an economical
unit of the Reports. Four more volumes were
published after the war, but the publisher of the
Decisions had altered the scheme and
arrangement of the original set, by reporting all
the decisions of the Supreme Court for 1948 and
1949.
b. Philippine Reports Annotated - This is a private

publication in 33 volumes corresponding the
volumes 1 to 33 of the Philippine Reports. The
cases reported are annotated by the publisher
with legal principles from cases subsequently
decided by the court, bearing on the points of
law enunciated in the case reported. Thus, with

the use of this annotated edition, the researcher
is informed whether the decisions has been cited
in a subsequent decision and whether such
subsequent decision has adopted or overruled
the legal principle in the earlier decision. The
publication ended with Volume 33.
c. Philippine Reports Annotated (Central) - This is

different from the above Philippine Report
Annotated Central Book Supply Inc publishes
this one. It hopes to republish and annotate
Supreme Court Decisions from 1901 to January
31, 1961 totaling 110 volumes. So far, it has
published volumes 1, 2, 3, 4, 5, 6, 76, 77, 88, 89,
90, 91, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104,
105 106, 107, 108, 109 and 110. Other volumes
will be released soon.
d. Supreme Court Reports Annotated (SCRA) - The

SCRA is the leading private publication at
present of Supreme Court decisions. Central
Lawbook Publishing Co., and the Central Book
Supply Inc. are its publishers. SCRA contains all
the decisions of the Supreme Court starting with
the year 1961, publishes it. At present it has now
691 volumes, as of February 26,2013.
e. Supreme Court Decisions (SCD) - This set is a

publication of the decisions of the Supreme
Court of the Philippines, starting January 1,
1982. The decision of the Supreme Court each
month are compiled in one volume, under the
editorship of Atty. Jose N. Nolledo and
published by the National Book Store. The
decisions of the Supreme Court are published
according to the dates of their promulgation.
f. Philippine Law and Jurisprudence (PHILAJUR) -

This publication started in November 1977
reporting both law and jurisprudence. Current

Events Digest, Inc publishes it. Each volume of
PHILAJUR consists of five parts: Legislation;
Supreme Court decisions; Digest of Court of
Appeals Decisions; Legal Articles; and Indexes.
It has ceased publication.
g. Supreme Court Unpublished Decisions (SCUD) -

this publication contains the unpublished
decisions of the Philippine Supreme Court. This
is compiled by Judge David G. Nitafan and the
Editorial Staff of the Central Lawbook
Publishing Co., Inc. Volume 1 contains the
unpublished decisions of the Supreme Court
from March 1946 to February 1952 while
Volume 2 has the March 2, 1952 to March 30,
1954 unpublished decisions.
h. Supreme Court Advance Decisions (SCAD) - This

is prepared by the Legal Editorial Staff of Rex
Book Store, Inc. It publishes all decided cases
promulgated by the Supreme Court. It started
with Vol.41 containing decisions and resolutions
of the Supreme Court in May 1993 and its latest
volume is Volume 144 containing SC decisions
from February 21 - March 1, 2001. The SCAD is
published monthly, immediately after the
decisions are promulgated, the practitioners and
the students have ready access to the latest
available decisions rendered by the Supreme
Court.
i. Supreme Court Excerpts (SCEX) - This book

authored by Atty. Aristotle T. Dominguez is
published by Rex Book Store. The book attempts
to combine the strengths of the various
publications containing 410 Supreme Court
excerpts extracted from 304 Supreme Court
decisions and resolutions promulgated from
Sept. 3, 1996 to January 31, 1997.
j. Summary of Supreme Court Rulings - This is

authored by Atty. Daniel T. Martinez and
published by Central Book Supply, Inc. This
work aims to provide the law students
especially those who are preparing to take the
bar examinations supplementary reading
materials on the latest rulings of the Supreme
Court. The Supreme Court rulings are collated
into eight chapters corresponding to the eight
bar examinations subjects in the order the
Supreme Court gives them.
k. Citations: Excerpts of Supreme Court Decisions -

This publication authored by Lerio Caballero
Castigador has six volumes: Vol. 1, July-
December 1990: Abuse of Discretion to Words
and Phrases; Vol. 2, January-April 1991: Abuse
of Discretion to Workmen's Compensation; Vol.
4, September-December 1991: Actions to
Workmen's Compensation; Vol. 5, January-April
1992: Eight Bar Subjects; Vol. 6, May-August
1992: Eight Bar Subjects.
1. The SandiganbayanReporter - This book authored

by Atty. Rufus Rogriguez is published by
Central Lawbook Supply and contains all cases
decided by the Supreme Court involving the
Sandiganbayan - Vol. 1 from Feb. 28, 1980 to
April 7, 1988, 1994 Edition; Vol. 2 from April 15,
1988 to December 5,1991, 1995 Edition.
m. The PCGG Reporter - This book is likewise

authored by Rufus Rodriguez which contains SC
decisions involving the Philippine Commission
on Good Government (PCGG) starting from the
first case of Cruz, Jr. v. PCGG, May 27, 1986 up
to Romualdez v. Sandiganbayan, May 16,1995.
140 I AGUIDE TO PHILIPPINE LEGAL INFORMATION
- Decisions of the CourtofAppeals
The Court of Appeals serves as our intermediate appellate

court. As to whether the decisions of this tribunal shall
constitute precedents, the Supreme Court of the Philippines, in
the case of Mirandav. Imperial5 Oheld: "Only the decisions of this
Honorable Court establish jurisprudence or doctrines in the
jurisdiction. However, this does not prevent that a conclusion
or pronouncement of the Court of Appeals which covers a
point of law still undecided in our jurisprudence may serve as
juridical guide to the inferior courts, and that such conclusion
or pronouncement be raised as a doctrine if, after it has been
subjected to test in the crucible of analysis and revision, this
Supreme Court should find that it has merits and qualities
sufficient for its consecration as a rule of jurisprudence."
Following are the publications for cases decided by the

Court of Appeals.
1. Appellate Court Reports - The decisions of the Court

of Appeals were originally published in the
Appellate Court's Reports by the Court Reporter.
Although preparations were completed for the
publication of the Reports, only two volumes were
released. The first was Vol. I, embracing the
decisions of the appellate court from February 29,
1936 to December 29, 1936. The other was Vol. VIII,
covering the period from January 8, 1947 to June 30,
1947.
2. Advance Sheets - Decisions of the Court of Appeals

had been published in advance sheet starting
January, 1960, but this practice was discontinued in
1963.
3. Official Gazette - When the Court deems a decision

or resolution to be sufficient importance to require
50 G.R. No. 49090, February 28,1947,77 Phil. 1066 (1947).

publication, the Clerk of Court furnishes a certified

copy of the decisions of the reporter who prepares a
syllabus for each case to be published with the
cooperation of the author of the decision and is
responsible for its publication in the Official
Gazette. Each case is published in the language it is
originally written.
4. Court of Appeals Reports - This set of reports

containing decisions of the Court of Appeals has 25
volumes from 1961 to 1980. Its first volume contains
decisions rendered in 1961. The last volume was
Volume 25. This set has the same features as those
of the Appellate Court Reports.
5. Court of Appeals Reports Annotated - This publication

contains selected decisions of the Court of Appeals.
It is compiled, annotated and edited by the editorial
staff of the Central Lawbook Publishing Co., Inc.
volume 2 has the January to June 1987 decisions. Its
latest volume is Vol. 9 containing July-December,
1990 decisions.
- Decisions of the Sandiganbayan
The Sandiganbayan a collegiate trial court established by the

Constitution to try crimes by public officers, published the
Sandiganbayan Reports in 1980, which contained its decisions
from December 1979 to February 1980. However, this was not
succeeded by other volumes.
- Decisions of the Courtof Tax Appeals
Under Republic Act No. 1125, the Court of Tax Appeals was
established, with exclusive appellate jurisdiction over tax and
customs cases. Republic Act No. 1125 was amended by
Republic Act No. 9282 which expanded CTA's jurisdiction and
elevated the court's rank to the level of the Court of Appeals.
The Tax Court is directed by law to provide for the

publication of its decisions in the Official Gazette in such form
and manner as may best be adopted for public information and
use.
Court of Tax Appeals Digest of Customs and Real Property

Tax Cases (1973) and Court of Tax Appeals Digest of Internal
Revenue Code (1971) by Colon are publications on cases of the
CTA.
- Decisions of the Regional Trial Courts
Their decisions have not been published in official reports or in

books of secondary authority. Its judgments on matters of
evidence is usually respected, although there have been rare
moments when its opinion on points of law have been cited for
persuasive influence. In order to secure a copy of decisions
from this court, one has to request from their respective sala.
- Decisions of the Metropolitan Trial Court,Municipal Trial

Courts and Municipal Circuit Trial Courts
Their decisions have likewise not been published in any official

report or publication. The respective courts themselves are the
only places where their decisions are found.
- SubordinateDecisions
- The Senate Electoral Tribunal and the House of

Representatives Electoral Tribunal
The 1987 Constitution in Section 17, Article VI, provides that

the Senate and the House of Representatives shall each have an
Electoral Tribunal, which shall be the sole judge of all contests
relating to the election, returns, and qualifications of their
respective Members. Each Electoral Tribunal shall be composed
of nine Members, three of whom shall be Justices of the
Supreme Court to be designated by the Chief of Justice, and the

remaining six shall be Members of the Senate or the House of
Representatives, as the case may be, who shall be chosen on the
basis of proportional representation from the political parties
and the parties or organizations registered under the party-list
system represented therein. The senior Justice in the Electoral
Tribunal shall be its Chairman. The House of Representatives
has published its Electoral Tribunal Proceedings in its
publications, titled HRET Reports: Final Orders, Resolutions, and
Decisions in seven volumes.
- Administrative Agencies Exercising Quasi-TudicialPowers
1. Agencies with express quasi-judicial powers
These are agencies which are actually given

judicial functions over cases which would otherwise
go to the regular courts of justice were it not for the
grant of such powers to these agencies. They are
sometimes characterized with specific appeal
procedures under the law. These are the Insurance
Commission, the National Labor Relations
Commission, Commission on Elections,
Government Service Insurance System, Social
Security System, National Seamen Board,
Commission on Audit, Employees' Compensation
Commission, Civil Aeronautics Board, and other
similar agencies.
2. Agencies with implied quasi-judicial powers.
These are agencies mostly with investigative

functions. In fact, all agencies may be said to enjoy
implied quasi-judicial powers. Just to name a few
examples, these are the Department of Foreign
Affairs, the Commission on Immigration and
Deportation, the Office of the President, Secretary of
Justice, National Wages Council, Philippine Patents
Office, Bureau of Land Transportation, Civil Service
Commission, Professional Regulatory Commission

and the Tanodbayan.
E. Citation of Case Law
Reproduced hereunder with permission from the author,

Myrna S. Feliciano, are portions of Philippine Manual of Legal
Citations.
1. Case Names
a. General Rule
Cite cases by giving the surname of the parties,

the volume, title and page of reports, and the year of
promulgation in parenthesis. Abbreviate versus or
contra as v. When used in the text, underscore the
title of the case (if printed, italicize); and place the
source or citation in the footnote.
Example: Ariagav. Javellana, 92 Phil. 330 (1952).
If two or more actions are consolidated in one

decision, cite only the first listed.
b. Exceptions
(1) Cite Islamic and Chinese names in full. As

to those with Christian first names, follow
the general rule.
Examples:
Lim Sian Tek v. Ladislao not Lim v. Ladislao

Wong v. Dizon not Joseph Wong v. Dizon
Una Kibad v. Commission on Elections not
Kibad v. Commission on Elections
(2) Cite compound names in full.
Examples:
People v. De la Cruz not People v. De la Cruz

Abad Santos v. Auditor General not Santos v.
Auditor General
Galeos-Valdehuesa v. Republic not Valdehuesa v.
Republic
(3) Always cite names of corporations,

associations, business firms and
partnerships in full. Words forming part of
such names may be abbreviated, except the
first word.
Examples:
Mata v. Rita Legarda, Inc.

Allied Workers Ass'n. of the Phil. v. Republic
rradingCorp.
(4) Cite cases involving the Government of the

Philippines and the criminal cases as
follows:
Government v.
Commonwealth v.
Republic v. ; U.S. v.
People v. depending upon the

title of the case.
Examples:
Government v. Abadinas
Commonwealth v. Corominas
Republic v. Carpin
U.S. v. Jaranilla
People v. Santos
(5) Cite cases involving public officers or

officer as follows:
a. Where person is named in his official

capacity, give the name of the person
only.
Examples:
City of Manila v. Subido not City of Manila

v. Subido, in his capacity as Civil Service
Commissioner
Gonzales v. Hechanova not Gonzales v.
Executive Secretary
b. Where the office is names, give the
complete name of the office.
Examples:
Collector of Internal Revenue v. Tan Eng Hong

Chief Of Phil. Consultancy v. Sabungan
Bagong Silangan
Board of Election Inspectors of Tolosa v. Piccio
Assistant Executive Secretaryv. Sarbro& Co.
(6) Always cite Municipality of

City of
Province of , as they appear
in the decisions.
Examples:
Province of Rizal v. R. T. C.
City ofCebu v.Ledesma
Municipality ofMandaluyong v. Bautista
(7) Cite case names beginning with procedural
terms like ex parte, ex rel and in re they
appear in the decisions. Use In re instead of
In the matter of.
Examples:
Ex parteMilligan
In re Garcia
U.S. ex rel Greathousev. Smith
2. Case Reports
a. Supreme Court Decisions
When the decisions is already found in the

official published Philippine Reports, indicate
only the Philippine Reports citation.
(1) PhilippineReports
Cite as: volume Phil. page (year)

Example: Diaz v. Estrera, 78 Phil. 637 (1947).
(2) Official Gazette
Cite G.R. docket no. and date of

promulgation before the O.G. citation.
Cite as: G.R. No. , date
promulgated, volume O.G.
Page (Month & year of issue)
Example:
Espiritu v. Rivera, G.R. No. 17092,
September 30,1963,
62 O.G. 7226 (Oct., 1966).
If the decision is found in a supplement, indicate
supplement number, page and date of issue.
(3) General Register (G.R.) - Advance
decisions of te Supreme Court.
Cite as: G.R. No. date of promulgation,
omitting the
L-which refers to post-liberation decisions.
Example:
Estepa v. Diansay, G.R. No. 14733, September
30,1960.
(a) For disciplinary cases against attorney-

at-law:
Cite as: G.R. Adm. Case No.

date of Promulgation.
Example:
In re Mallare, G. R. Adm. Case No. 533,

April 29,1968.
(b) For disciplinary cases against judges:
Cite as: G.R. Adm.
Case/Matter No. ., date of
promulgation.
Example:
Secretary of Justice v. Catolico,G.R. Adm.

Case No. 203-J & Adm. Matter No. 625-
CFI, November 18,1975.
b. Court of Appeals Decision
(1) Appellate Court Reports (v.2, 1937 and v.8,

1947 are the only ones published)
Cite as: volume C.A. Rep. page (year)
Example:
Chunacov. Singh, 8 C. A. Rep. 488 (1947).

(2) Court of Appeals reports, Second Series
Cite as: volume C.A. Rep. 2d page (year)
Example:
Floresv. Valpeiia, 2 C.A. Rep. 2d 64 (1962).
(3) Court of Appeals General Register (C.A.-

G.R.)- Advance decisions of the Court of
Appeals.
Cite as: C.A.-G.R. No. -R, CV, CR or
SP, date of
Example:
Caliboso v. Bueno, C.A.-G.R. No. 20401-R,

April 8, 1960.
(4) Official Gazette
Cite as: C.A.-SP or CR or CV No.
(date of promulgation, volume O.G. page
(month & year of issue).
Example:
Manila Electric Co. v.Allarde, C.A.-SP No.

11850, May 15,1987,86 O.G. 3447 (May,
1990).
c. Other Courts
(1) Sandiganbayan Decisions
Cite as: Sandiganbayan Crim. Case No. date
of promulgation, volume Sandiganbayan
Rep. page (year of issue).
Example:
People v. Sabarre,Sandiganbayan Crim. Case
No. 001, December 12, 1979,1
Sandiganbayan, Rep. 305 (1979).
(2) Court of Tax Appeals Decisions
Cite as: CTA Case No. date of
promulgation.
Example:
Abad v. Commissioner of Internal Revenue,

CTA, Case No. 717, June 4,1963.
(3) Regional Trial Court Decisions
Cite as: RTC (Place & Branch No.) Crim.
Case or SP No. R- -date of
promulgation.
Example:
People v. Johnson, RTC (San Jose, Occidental

Mindoro, Br. 45) Crim. Case R-1681, August
6,1984.
In re Morales, RTC (Dagupan City, Br. 43)

SP-2472, December 7,1989.
(4) Metropolitan Trial Courts Decisions
Cite as: Me TC (Place & Branch No.) Civil or
Criminal Case No. . , date of
promulgation.
Example:
Shell DistributionCo., Inc. v. Balmaceda,

Me TC (Manila, Branch X) Civil Case No.
59563, July 20, 1982.
(5) Municipal Trial Courts and Municipal
Circuit Trial Courts Decisions
Cite as: MCTC or MTC (place) Crim. Case
No. _ date of promulgation.
Example:
People v. Soliven, MCTC (Paoay-Currimao,

llocos Norte) Crim. Case No. 992-C,
November 11, 1983.
(6) Shari'ah District and Circuit Courts
Cite as: Shari' ah Dist./Circ. Ct. (place), date
of promulgation
Example:
Al-Awadhi v. Rulona, Shari'ah Dist. Ct.

(Marawi City) Special Proceeding No. 011-
87, September 15,1988.
d. Administrative Decisions
Cite by the name of the agency (when there
is an abbreviated form, use abbreviation or
acronym), case number and date of
promulgation.
Examples:
Tinio v. Dizon, DANR Case No. 2734, April 24,
1967.
In re Colorado, CSC Adm. Case No. R-27182,
September 29,1964.
For unofficial reports of cases, cite by
volume, abbreviated citation of the Reports as
indicated by publisher, page and year.
Example: 46 S.C.R.A. 160 (1972)
Some unofficial Philippine Reports: Cite As
Court of Appeals Reports Annotated- CARA

NITAFAN'S Supreme Court Unpublished
Decisions- S.C.U.D.
Philippine Decisions Phil. Dec.
Philippine Law Decisions-- P .L.D.
Philippine Law and Jurisprudence-
PHILAJUR
Philippine Reports Annotate - P.R.A.
Supreme Court Decisions-- - S.C.D.
Supreme Court Reports Annotated- S.C.R.A

1 Antonio MSantos AGuideto PH

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Bluebook 21st ed.

ALWD 7th ed.

APA 7th ed.

Chicago 17th ed.

McGill Guide 9th ed.

AGLC 4th ed.

MLA 9th ed.

OSCOLA 4th ed.

A. Concept, Scope and Classification

Case law is the general term that refers to a great class of

Section 14 of Article VIII of the present Constitution

The first of these rights is the right to a hearing,

1 G.R. No. 46496, February 27,1940,69 Phil. 635 (1940).

* Not only must the party be given an opportunity to

" Not only must there be some evidence to support a

* The decision must be rendered on the evidence

* The agency or any of its officers, therefore, must act

* The agency should, in all controversial questions,

B. Essential Parts of a Decision

Generally, case law may be divided into conventional decisions

In particular, case law is classified as follows: decisions

The Supreme Court in Velarde v. Social Justice Society4

Statement of the Case

The Statement of the Case consists of a legal definition of the

In a criminal case, this part describes the specific charge

Quoting the text of the information is important when

To ensure that due process is accorded to the defendant,

Mentioning the court of origin and the case number

There are different ways of relaying the facts of the case.

First, under the objective or reportorial method, the

Second, under the synthesis method, the factual theory

Third, in the subjective method, the version of the facts

Finally, through a combination of objective and

In criminal cases, it is better to present both the version

fairness and due process. A detailed evaluation of the

A reviewing court may find no reason to reverse the

In appealed civil cases, the opposing sets of facts no

Issues or Assignment of Errors

Both factual and legal issues should be stated. On appeal, the

Though not specifically questioned by the parties,

substantial justice to be rendered. Note that appealed criminal

This part contains a full discussion of the specific errors or

The Dispositionor DispositivePortion

In a criminal case, the disposition should include a finding of

In a civil case as well as in a civil action, the disposition

Third, there should be no need for further proceedings to

The foregoing parts need not always be discussed in

C. The Philippine Court System

Under the 1987 Constitution of the Philippines in Article VIII,

Judicial power includes:

" the duty of the courts of justice to settle actual

" to determine whether or not there has been a grave

At the top of the hierarchy of courts is the Supreme

* Composition: composed of a Chief Justice and

1. Exclusive original jurisdiction over petition for

2. Concurrent jurisdiction to issue writs of certiorari,

3. Concurrent jurisdiction to issue Writ of Amparo7

4. Concurrent jurisdiction to issue Writ of Habeas Data

5. Concurrent jurisdiction to issue writs of certiorari,

6. Concurrent jurisdiction over petitions for habeas