PREAMBLE 1987 Constitution of the Republic of the Philippines We, the sovereign Filipino people, imploring the aid of Almighty God, in order to build a just and humane so- ciety, and establish a Government that shall embody our ideals and as- pirations, promote the common good, conserve and develop our patrimony, and secure to ourselves and our pos- terity, the blessings of independence and democracy under the rule of law and a regime of truth, justice, free- dom, love, equality, and peace, do or- dain and promulgate this Constitution. \ 7THE PHILIPPINE LEGAL SYSTEM E . Who mak The law does not exist in a vacuum; it subsists within a eee ates peal the laws, who implements the laws, and who interprels © TT ae ang aspects in the study of law. Itis indispensable for pateleaameaee painetracinen) appreciation of the structure and operation of our a for rulemaking, rule-implementation, and rule-adjudication. The legal system of the Philippines pertains to the entire evetem nica Ey the Constitution and other laws relating to the framework of oe ie i administration. In general, there are three branches of government je executive, the legislative, and the judiciary. ae oe I. EXECUTIVE A. Nature. The executive power is vested in the President el power of the President is delegated to cabinet secretaries. lected by the people.’ The B. Composition 1. President 2. Vice-President 3. Cabinet (composed of department secretaries who serve as presidential advisers) C. Some Duties and Powers of the President: 1. dutifully implements the law; 2. appoints particular government officials;? 3. exercises contro! over all departments, bureaus, and offices; 4. acts as Commander-in-Chief of the Armed Forces of the Philippines; 5. grants executive clemency which includes pardon, amnesty, reprieves, commutations, remission of fines, and forfeitures; 6. enters into contracts or guarantee foreign loans; 7 The powers of the President are specifically oullined in Executive Order No, 29% renee 2 S. 1987 (Administrative Code of 1987).7. submits to Congress a budget as basis for the General Appropriations Act; and 8. addresses Congress at the opening of its regular session and appear before it at any other time. Il. LEGISLATIVE A. Nature. The legislative power is vested in Congress elected by the people. B. Composition. The Congress has two chambers: the (1) the Upper House or the Senate (24 members elected at large); and (2) the Lower House or the House of Representatives (256 members).? C. Some Duties and Powers of the Congress: 1. enacts, amends, and repeals laws; 2. decides all contests relating to election, returns, and disqualifications of their respective members; 3. confirms the President's appointees through the Commission on Appointments; 4. conducts inquiries in aid of legislation;* 5. declares the existence of a state of war;* 6. grants the President emergency powers,” 7. controls the disbursement of public funds; ®and 8. serves as tribunal for impeachment proceedings against the President, Vice- President, commissioners on Audit, Civil Service, Elections, and the Ombudsman. ° Ill. JUDICIARY A. Nature. Judicial power includes the duty of the courts of justice to settle actual Controversies involving rights which are legally demandable and enforceable and to Fe Sec? and Sec, AR Vi, 2011 Rules of the House of Representatives Electoral Tribunal, Article VI, See 17 ant 221 Rule oft Ho pres tbunal, Article VI, Sec 17 and 19. AAV, See 23 AAVI, Sec 23. AAVI, Sec 25, AAXI, Sec 3, Page 15i i if bra determine whether or not there is grave abuse of discretion on the part of any branch 0 or instrumentalities of the government." he Chief Justice and fourteen B. Composition. The Supreme Court is composed of tl pointed by the (14) Associate Justices. The lower courts are composed of judges ap President." C. Some of the Duties and Powers of the Judiciary: 4. decides controversies between parties; 2. judicial review, determines whether a government official or agency has acted with grave abuse of discretion 3. hears and decides cases affecting ambassadors, other public ministers and consuls, and petitions for certiorari, mandamus," quo warranto, habeas corpus*, writ of kalikasan,"* writ of amparo,’” and writ of habeas data. 4, appoints temporary judges of lower courts; 5. orders the change of venue or place of trial; 6. promulgates rules concerning the protection and enforcement of constitutional fights, procedure in all courts, admission to the practice of law, and legal assistance to the underprivileged; and 7. appoints all officials and employees of the judiciary in accordance with the Civil Service Law. IV. INTERRELATION AMONG THE BRANCHES One important nature of the existing form of government is the present i ice of separation of Powers. Check and balance among the different Branches is possible boeues each one is separate and independent from the others. A. EXECUTIVE 1. with the Legislative ee 10. Art Vill, Sec 4 11. ANVIL, Sec 4, 12. ArtVitl, Sec 5, 13. Rule 65, Rules of Court 14, Rule 66, Rules of Court. 18. Rule 102, Rules of Court. Rule 7, A.M, No. 09.6-8-SC, AM. No. 07-9-12-SC, ‘AM, No, 08-4-16-SC.a. has veto power; and b. the proposed budget submitted to Congress is the basis for the appropriations bill 2. with the Judiciary a. because of executive clemency, alteration of court decisions is possible;?° and b. appoints the members of the Supreme Court and other courts?" B. JUDICIARY 1, may invalidate executive orders or laws passed by Congress by declaring them to be unconstitutional’? C. LEGISLATIVE 1. with the Executive a. may override the veto power of the President by two-thirds (2/3) vote of all its members;”* s . may declare the President's election as void; c. may review or revoke the President's declaration of martial law;?* & may grant emergency powers to the President;?> and 2 through the Commission on Appointments, approves presidential appointees nN . with the Judiciary prescribes the qualifications for lower court judges; and p b. may enact new laws that will provide new interpretations for cases already decided by court 3. with both the Executive and the Judiciary 19, ArtVI, Sec 27 and 28. 20. Board of Pardons and Parole, Art VIl, Sec 19 and Resolution No. 24-4-10. 21. AM Vill, Sec 9. 22, Arti, Sec 4. 23. ArtVI, Sec 27. 24. Arti, Sec 18. 25. ArtVi, Sec 23. 26. ArtVill, Sec7.i j 27 a. determines the salary of the President, Vice-President, and judges’ V. LOCAL GOVERNMENT A. FOUR LEVELS: : ' Barangay, Municipality, City, B. BRANCHES OF LOCAL GOVERNMENT UTIVE. The chief executives are the governor (province), mayor (city and Saree) and chairman or captain (barangay). Except for barangay, the chief executive is assisted by the Vice-Governor or Vice-Mayor, as the case may be.” and Province”® 2. LEGISLATIVE. Councilors of local government units enact ordinances and resolutions that constitute the law within the province, city, municipality, or barangay. These ordinances and resolutions are passed by councilors when they convene as a legislative body. The vice-governor, vice-mayor, or barangay captain, as the case may be, presides over these councils.*° 3. JUDICIARY. The judiciary has no existing counterpart at the local government level. However, within the barangay, there is the so-called /upon or katarungang pambarangay,*' where members try to settle disputes through conciliation proceedings. C. Participation of the civil society and other sectors in barangay 1. Local Special Bodies. The law mandates that non-government units (NGOs) are represented in local special bodies such as: a. Local Development Council (LDC) not less than one-fourth (1/4) of all its Members must be from NGOs operating in the community; b. Prequalification, Bids, and Awards Committee*— two (2) representatives of NGOs that are members of the LDC and a Certified Public Accountant (CPA) from the Private sector; c. Local School Board* - a representative from the local federation of Parents- Teachers Association (PTA); and d. Local Health Board — a representative from an NGO involved in health services ae HEE PEC EE EE HEE SEPP 27. ARXVIN, S (Seow 28. AX Ses (ao known a toil and strewn astro nd plc sbssions of he government 29. Rep. Act No. 7160 (Local Government Code of 1991). if 5 mts Presidential Decree A 32, RA TI60, Seite? No. 1508 (Katarungang Pambarangay Law) and RA7160 Sec 399. ANETTA, See 27 35. is 3 ¢2. Barangay Assembly** a. Composition i, all actual residents of the barangay for at least six (6) months; ii. fifteen (15) years of age or over; ii, Filipino (whether natural-born or naturalized); and iv. registered in the list of barangay assembly members b. Meetings i, at least twice a year; and ii. called by either the barangay captain, at least four (4) members of the sangguniang barangay, or at least five percent (5%) of the members of the barangay assembly c. Powers i, recommends ordinances to the sangguniang barangay; ji. approves a resolution for the exercise of initiative to directly propose, enact, or amend any ordinance; and ili. hears and passes semestral reports of the sangguniang barangay concerning its activities and finances 3. Mandatory Consultation. Consultation among the residents of the LGU before the implementation of projects affecting the community is a necessity. 4. Fund-Sourcing. The LGU may extend financial assistance to NGOs and private organizations (POs) for: a. delivery of basic services; b. livelihood and skills development projects; and c. improvement of local projects and businesses 5. Initiative and Referendum.” Adoption of the legal process of initiative and referendum shall be necessary to directly propose or amend ordinances. 36. “RA7160, Sec 397 and 398. 37, RA7160, Sec 120.Page4U INTRODUCTION TO LAW Whatis the concept of law and what are its elements? Where do laws come from? Why does a law continue to take effect despite it being perceived as unjust? These are common questions that surface whenever law is discussed. As such, even before the paralegal takes on his responsibility, he needs to discover the use of law not only in his personal life but in the lives of those he expects to assist. Thus, it is vital that the paralegal is first introduced to the concept of law. |. DEFINITION OF LAW In its comprehensive sense, law means any rule of action or norm of conduct applicable to all objects of creation. In its specific sense, law is a rule of conduct, just, obligatory, promulgated by legitimate authority, and of common observance and benefit.® Il. TYPES OF LAW A. Formal Laws. Formal laws or the laws of society are usually written and are the basis for court decisions. Examples of formal laws are the Family Code, the Revised Penal Code, and others. B. Informal Laws. Informal laws refer to the customs and traditions of a particular group of people, which serve as their guide for social norms and conducts. While these laws are usually not written down and are thus not compulsory, there are “sanctions” for not observing them. Examples of informal laws which govern the right conduct of women in the Philippines include not going home late at night, not being too friendly with men, being subservient to their husbands, etc. If a woman does not observe these informal laws, she becomes subject to social stigma, and gets ostracized for being a “bad woman”. Other informal laws include bodong, sapata, peace pacts, arranged marriage, etc. Ill. ORIGIN OF LAWS A. Formal Laws. Formal laws are made by legislators in the national level, the senators and representatives elected to the Congress. There are also local legislators, namely, the councilors elected to serve in barangay, municipal, city, and provincial levels. 38, Rodriguez, R., Introduction to Law. Rex National Bookstore, Manila, 2001.Formal laws can only be enacted by the above-mentioned persons as they are the only ones who have the authority and duty to enact laws, according to the recognition provided by the society. Thus, the laws they create become mandatory, binding, and applicable for anyone and anything specified in such laws. Ordinary citizens cannot enact laws because they are not authorized to undertake this task, except in the process of an initiative. B. Informal Laws. Informal laws are collectively developed by the members of society without the need for formal authorization and procedures, through traditionally and culturally acceptable practices or norms observed by ancient generations. Iv. ELEMENTS OF FORMAL LAWS A. Rules regarding the conduct of people; B. Formed by an authorized entity, particularly the legislative branch of the government; C. Obligation to comply with the rules among all people covered by the same; and D. Written IV. EXAMPLES OF LAWS IN THE PHILIPPINES Titles of formal laws in the P| ppines and the periods during which they were enacted: PERIOD TITLE OF LAWS American Period (1898-1946) Republic (1946-1967) Republic Act | hte Batas Pambansa Presidential Decree (enacted by the President under his legislative powers) Commonwealth Act Marcos Regime (1967-1986) 1986 Freedom Constitution (February 1986-1987) 1987 Constitution (1987-present) Executive Order (from the President because there was no authorized legislature yet) Republic Act we21