12092033df3 Philippine Legal Research Doc

8/12/2019 12092033df3 Philippine Legal Research Doc

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Philippine Legal Research

By Milagros Santos-Ong

Milagros Santos-Ong is Director of Library Services for the Supreme Court of the

Philippines.

Publishe !uly "##$

%able of Contents

&. 'ntrouction

". Political Structure(. )overnment Structure

(.& *+ecutive Branch

(." Legislative Department

(.( !uicial System(., Constitutional Commissions

(.$ Local )overnments(. Other )overnment gencies

,. Legal System

,.& /ature of the Philippines Legal System,." Sources of La0

$. Legal Research

$.& Research of Statute La0

$." Research of Case La0. Legal Profession

.& La0 Schools." Bar ssociations1. Legal Bibliography

2. Legal Sources

2.& *lectronic Sources2." Philippine Legal Publishers

&. 'ntrouction

%he Philippines is an archipelago of 13 islans 0ith a lan area of "4431,# s5.6ilometers. 't is surroune by the Pacific Ocean on the east3 South China Sea on the

/orth an the 7est an the Celebes Sea on the South. %his comprises the /ational

%erritory of the Philippines. rticle ' of the &421 Constitution provies that the 8nationalterritory comprises the Philippine archipelago3 0ith all the islans an 0aters embrace

therein an all other territories 0hich the Philippines has sovereignty or 9urisiction.8

%he :ilipino culture 0as mole over more than a hunre ethnic groups consisting of

4&; Christian Malay3 ,; Muslim Malay3 &.$; Chinese an (; others. s of the last

national census3 the population of the Philippines is .$ million.


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:ilipino is the national language 3 sec 1?. %here are several ialects or regional languages spo6en throughout theifferent islans of the country3 but there are eight ma9or ialects3 0hich inclue

Bicolano3 'longo3 Pampango3 Pangasinense an 7aray.

%here are t0o religions the countryA Christianity an 'slam. Christianity3 more

particularly Catholicism3 is practice by more than 2#; of the population. 't 0as

introuce by Spain in &$"&. %he Protestant religion 0as introuce by mericanmissionaries.

glipay3 or the Philippine 'nepenent Church3 an the 'glesia ni risto are t0o :ilipino

inepenent churches. Other Christian religious organiations li6e the *l Shaai3 an!esus is Lor have been establishe an have a great influence to the nation.

Religion has a great influence in the legal system of the Philippines. :or the Muslim or

'slamic religion3 a special la03 the Coe of Muslim Personal La0s3 0as promulgate anspecial courts 0ere establishe3 the Sharia courts.

". Political Structure

%he Constitution is the funamental la0 of the lan. Pursuant to the &421 Constitution3

uly ratifie in a plebiscite hel on :ebruary "3 &4213 the present political structure of thePhilippines 0as efine.

%he &421 Constitution provies that the Philippines is a emocratic an republican state

0here sovereignty resies in the people an all government authority emanates fromthem


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la0s3 anFor special issuances of special la0s for the Philippines 0ere e+tene to the

Philippines from Spain by the Spanish Cro0n through the councils. %he chief legislator

is the governor-general 0ho e+ercises legislative functions by promulgating e+ecutiveecrees3 eicts or orinances 0ith the force of la0. %he royal uencia3 or Spanish

Supreme Court3 in the Philippines also e+ercise legislative functions 0hen la0s are

passe in the form of autos accoraos. Mel5uiaes )ambao3 in his boo6 entitle 8 n'ntrouction to Philippine La08


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McDuffie La0 of May &3 &4(,. %he later la0 is significant for it allo0e the

establishment of a Common0ealth government an the right to promulgate its o0n

Constitution. %he &4($ Constitution initially change the legislative system to aunicameral system. @o0ever3 the bicameral system 0as restore pursuant to the &4,#

Constitutional amenment. %he Common0ealth government is consiere as a transition

government for ten years before the granting of the Philippine inepenence. Cayetanorellano 0as installe as the first Chief !ustice in &4#&. %he ma9ority of the !ustices of

the Philippine Supreme Court 0ere mericans. Decisions renere by the Supreme Court

of the Philippines 0ere appeale to the Gnite States Supreme Court3 0hich 0erereporte in the Gnite States Supreme Court Reports.

Manuel L. Hueon an Sergio Osmena 0ere electe as Presient an >ice-Presient

respectively uring the September &,3 &4($ elections. 'n this election3 Presient Hueon0on over )eneral *milio guinalo an Bishop )regorio glipay3 the Presient of the

:irst Philippine Republic


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%he Congress of the Philippines 0as abolishe 0hen Martial La0 0as eclare on

September &&3 &41". %he Martial La0 perio 0as governe by the &41( Constitution0hich establishe a parliamentary form of government. *+ecutive an legislative po0er

0ere merge an the Chief *+ecutive 0as the Prime Minister 0ho 0as electe by

ma9ority of all members of the /ational ssembly


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Proclamation /o. 4. %he Constitutional Commission3 compose of ,2 members3 0as

manate to raft a Constitution. fter &(( ays3 the raft constitution 0as submitte to

the Presient on October &$3 &42 an ratifie by the people in a plebiscite hel on:ebruary "3 &421. Gner the transitory provision of the &421 Constitution3 the Presient

an >ice Presient electe in the :ebruary 13 &42 elections 0ere given a si+ year term of

office until !une (#3 &44". Congressional elections 0ere hel on May &&3 &421. %heRepublican form of government 0as officially revive 0hen the &421 Constitution 0as

ratifie an Congress 0as convene in &421. Legislative enactments again reste in the

Congress. Republic cts 0ere again issue by Congress3 the number of 0hich too6 offfrom the last number use before Martial La0 0as eclare. %he number of Republic

cts continue from the number last use before Martial La0


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%here are specific bureaus an offices irectly uner the Office of the Presient.

Both the Presient an the >ice-Presient are electe by irect vote of the :ilipino people

for a term of si+ years. %he Presient is not eligible for a reelection 0hile the >ice

Presient cannot serve for more than t0o terms. Congress is empo0ere to promulgaterules in the canvassing of certificates of election. Both may be remove from office by

impeachment


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members3 three of 0hom are !ustices of the Supreme Court an si+ members of the

Senate.'3 sec. &1?.

(.( !uicial System

SOGRC*A "##" Revise Manual of Cler6s of Court. Manila3 Supreme Court3 "##"E.

Organiational Chart of each type of Court is available in this Manual. Organiationalset-up of each Court is also foun in this Manual.

!uicial po0er rests 0ith the Supreme Court an the lo0er courts3 as may be establisheby la0 '''3 sec. &?. %he 9uiciary en9oys fiscal autonomy. 'ts appropriation may

not be reuce by the legislature belo0 the appropriate amount the previous year '''3 sec. "?. %he Rules of Court of the Philippines as amene an the rules an

regulations issue by the Supreme Court efine the rules an proceures of the !uiciary.%hese rules an regulations are in the form of ministrative Matters3 ministrative

Orers3 Circulars3 Memoranum Circulars3 Memoranum Orers an OC Circulars. %o

inform the members of the !uiciary3 legal profession an the public of these rules an

regulations3 the Supreme Court circularies this rules an regulations to all courts3publishes important ones in ne0spapers of general circulation3 prints in boo6 or pamphlet

form an no0 o0nloas them in the Supreme Court 0ebsite.

Department of !ustice ministrative Orer /o. &" ate ugust &3 &4, provie for

the Canon of !uicial *thics. Supreme Court of the Philippines promulgate a ne0 Coeof !uicial Conuct for the Philippine !uiciary effective !une &3 "##,


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'''3 sec. of the &421 Constitution.

Constitution3 rt. >'''3 sec. $3 %he Supreme Court e+ercises the follo0ing po0ersA

*+ercise 9urisiction over cases affecting ambassaors3 other public ministers anconsuls3 an over petitions for certiorari3 prohibition3 manamus3 5uo 0arranto3 an

habeas corpus.

Revie03 revise3 reverse3 moify3 or affirm on appeal or certiorari3 as the la0 or the Rules

of Court may provie final 9ugments an orers of lo0er courts inAo ll cases ion 0hich the constitutionality or valiity of any treaty3 international or

e+ecutive agreement3 la03 presiential ecree3 proclamation3 orer3 instruction3orinance3 or regulation is in 5uestion.

o ll cases involving the legality pf any ta+3 impost3 assessment3 or toll3 or any

penalty impose in relation thereto.o ll cases in 0hich the 9urisiction of any lo0er court is in issue.

o ll criminal cases ion 0hich the penalty impose is reclusion perpetua or higher.

o ll cases in 0hich only an error or 5uestion of la0 is involve.

ssign temporarily 9uges of lo0er court to other stations as public interest may re5uire.Such temporary assignment shall not e+cee si+ months 0ithout the consent of the 9uge

concerne.

Orer a change of venue or place of trial to avoi a miscarriage of 9ustice.Promulgate rules concerning the protection an enforcement of constitutional rights3

pleaing3 practice3 an proceure in all courts3 the amission to the practice of la03 the

'ntegrate Bar3 an legal assistance to the unerprivilege. Such rules shall provie asimplifie an ine+pensive proceure for the speey isposition of cases3 shall be

uniform for all courts the same grae3 an shall not iminish3 increase or moify

substantive rights. Rules of proceure of special courts an 5uasi-9uicial boies shall

remain effective unless isapprove by the Supreme Court.ppoint all officials an employees of the !uiciary in accorance 0ith the Civil Service

La0. '''3 sec. 2. uner the

supervision of the Supreme Court. 'ts principal function is to screen prospective

appointees to any 9uicial post. 't is compose of the Chief !ustice as e+ officioChairman3 the Secretary of !ustice an representatives of Congress as e+-officio

members3 a representative of the 'ntegrate Bar3 a professor of la03 a retire member of

the Supreme Court an a representative of the private sector as members.


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Court of ppeals

Common0ealth ct /o. (


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%he Regional %rial Courts 9urisictions are efine as follo0sA

*+ercise e+clusive original 9urisiction in Civil Cases as follo0sAo ll civil actions in 0hich the sub9ect of the litigation is incapable of pecuniary

estimationE

o ll civil actions 0hich involve the title to3 or possession of real property3 or anyinterest therein3 0here the assesse value of the property involve e+cees t0enty

thousan pesos


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Me%Cs3 M%CCs3 M%Cs3 an MC%Cs shall e+ercise original 9urisiction in Civil Cases as

provie for in section (( of Batas Pambansa Blg. &"4 is as follo0sA

*+clusive original 9urisiction over civil actions an probate proceeings3 testate an

intestate3 incluing the grant of provisional remeies in proper cases3 0here the value of

the personal property3 estate or amount of the eman oes not e+cee One hunrethousan pesos


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't is compose of a Presiing !ustice an fourteen


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't also has 9urisiction over cases involving criminal offenses as herein provieA

*+clusive original 9urisiction over all criminal offenses arising from violations of the

/ational 'nternal Revenue Coe or %ariff an Customs Coe an other la0s aministere

by the Bureau of 'nternal Revenue or the Bureau of CustomsA Provie3 ho0ever3 %hatoffenses or felonies mentione in this paragraph 0here the principal amount of ta+es an

fees3 e+clusive of charges an penalties3 claime is less than One million pesos


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ll actions arising from customary contracts in 0hich the parties are Muslim3 if they i

not specifie 0hich la0 shall govern their relationsE an

ll petitions for manamus3 prohibition3 in9unction3 certiorari3 habeas corpus3 an all

other au+iliary 0rits an processes in ai of its appellate 9urisiction.

%he SDC in concurrence 0ith e+isting civil courts shall have original 9urisiction over

the follo0ing cases


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Huasi-Courts or Huasi-!uicial gencies

Huasi-9uicial agencies are aministrative agencies3 more properly belonging to the

*+ecutive Department3 but are empo0ere by the Constitution or statutes to hear an

ecie certain classes or categories of cases.

Huasi-9uicial agencies empo0ere by the Constitution are the Constitutional

CommissionsA Civil Service Commission3 Commission on *lections an the Commissionon uit.

Huasi-9uicial agencies empo0ere by statutes areA Office of the Presient. Department

of grarian Reform3 Securities an *+change Commission3 /ational Labor RelationsCommission3 /ational %elecommunication Commission3 *mployees Compensation

Commission3 'nsurance Commission3 Construction 'nustry rbitration Commission3

Philippine tomic *nergy Commission3 Social Security System3 )overnment Service

'nsurance System3 Bureau of Patents3 %raemar6 an %echnology3 /ational ConciliationMeiation Boar3 Lan Registration uthority3 Civil eronautics Boar3 Central Boar

of ssessment ppeals3 /ational *lectrification ministration3 *nergy RegulatoryBoar3 gricultural 'nventions Boar an the Boar of 'nvestments.

Decisions of these 5uasi-courts can be appeale to the Court of ppeals e+cept those ofthe Constitutional CommissionsA Civil Service Commission3 Commission on *lections

an the Commission on uit3 0hich can be appeale by certiorari to the Supreme Court


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(., Constitutional Commissions

Civil Service Commission - ct /o. $ 3

Chapter &3 sec. ,$4? Provincial government is compose of the governor3 vice-governor3

members of the sangguniang panlala0igan an other appointe officials

%he city consists of more urbanie an evelope barangays 0hich are create3 ivie3

merge3 abolishe or its bounary altere by la0 or act of Congress3 sub9ect to the

approval of ma9ority votes cast in a plebiscite conucte by the Comelec


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)overnment Coe3 %itle '''3 Chapter &3 sec. ,,2-,,4?. City may be classifie either as

a component or highly urbanie. %he city government is compose of the mayor3 vice-

mayor3 members of the sangguniang panlunso ''' 'SKS?

J Region '=


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Office of the Ombusman - %he &421 Constitution e+plicitly provies that Ombusman

an his eputies are calle the protectors of the people for they are tas6e to act promptlyon complaints file against public officials or employees of the government incluing

government o0ne an controlle corporations ice Presient3 members of the Supreme Court3 Constitutional

Commission an the Ombusman may be remove from office by impeachment for

conviction of violations of the Constitution3 treason3 bribery3 graft an corruption3 other

high crimes or betrayal of public trust.

!ainal D. Raul in his boo6 Commentaries an !urispruence on the Muslin La0 of the

Philippines


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re9ecte such as 'stihsan or 9uristic preferenceE l-Masalih3 l Mursalah or public

interestE 'stilal


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!oa5uin Bernas on Constititional La03 Prof. Perfecto :ernane on Labor La03 >icente

:rancisco3 Chief !ustice Manuel Moran on Remeial La03 etc.

Classification by Source

't is important for legal research e+perts to 6no0 the source 0here the materials 0ere

ta6en. One has to etermine 0hether they came from primary


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instances 0here the seconary authorities3 more particularly the commentaries mae by

e+perts of the fiel3 ta6e preceence over the persuasive manatory authorities. 7ith the

availability of both3 using both sources is highly recommene.

Classification by Character

%his refers to the nature of the sub9ect treate in boo6s. %his classification categoriesboo6s as A a? Statute La0 Boo6s3 b? Case La0 Boo6s or La0 Reports3 c? a combination

of both an ? 8La0 :iners.8

La0 :iners refer to ine+es3 citators3 encyclopeias3 legal ictionaries3 thesauri or

igests. ma9or problem in the Philippines is that there are no up-to-ate La0 :iners.

:eerico Morenos Philippine La0 Dictionary3 the only available Philippine la0

ictionary 0as last publishe in &4223 along 0ith one available Philippine Legal%hesaurus by !ose gaton Sibal in &42. %o search for legal information3 legal

researchers go online virtual libraries such as the Supreme Court *-Library3 Chan Robles

>irtual La0 Library3 or the ifferent atabases in CD-ROM format from CD sia

%echnologies sia 'nc. %he atabases evelope by CD sia inclues not only thecompilation of La0s


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%he Constitutional Convention proceeings provie for the intent an bac6groun of

each provision of the Constitution. Sources for the &4(,-&4($ ConstitutionalConvention areA volumes of the Constitutional Convention Recor by the @ouse of

Representatives


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of the Philippines La0 Centers Philippine %reaty Series


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Chil an Kouth 7elfare Coe

Civil Coe

Comprehensive grarian Reform CoeCoconut 'nustry Coe

Coe of Commerce

Cooperative CoeCorporation Coe

:amily Coe

:ire Coe:orest Reform Coe

'ntellectual Property Coe

Labor Coe

Lan %ransportation an %raffic CoeLocal )overnment Coe

Muslim Coe of Personal La0s

/ational Builing Coe

/ational Coe of Mar6eting of Breast-mil6 Substitutes an Supplements/ational 'nternal Revenue Coe

Omnibus *lection CoePhilippine *nvironment Coe

Revise ministrative Coe

Revise Penal CoeSanitation Coe

State uiting Coe

%ariff an Customs Coe

7ater Coe

%he @ouse of Representative prepare the proceure on ho0 a bill becomes a la0. %his

proceure is pursuant to the Constitution an recognie by both @ouses of Congress.%o better appreciate the proceure3 a iagram 0as prepare by the @ouse of

Representatives.

SOGRC*A Congressional LibraryE @ouse Printing Division3 ministrative SupportBureau3 !uly &44.

ministrative acts3 orers an regulations of the Presient touching on the organiation

or moe of operation of the government3 re-arranging or a9usting istricts3 ivisions orparts of the Philippines3 an acts an commans governing the general performance of

uties of public officials an employees or isposing of issues of general concern are

mae effective by *+ecutive Orers. %hose orers fi+ing the ates 0hen specific la0s3resolutions or orers cease to ta6e effect an any information concerning matters of

public moment etermine by la03 resolution or e+ecutive orers3 ta6e the form of

e+ecutive Proclamation.

*+ecutive Orers an Proclamations of the )overnor-)eneral 0ere publishe annually in

a set *+ecutive Orers an Proclamations. %hirty three


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an Proclamations 0ere publishe. Only a fe0 libraries in the Philippines have these

publications for the ma9ority 0ere estroye uring 7orl 7ar ''. %here are copies

available at the La0 Library of Congress3 Cincinnati La0 Library ssociation


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force on the ate on 0hich the Coe too6 effect 0hich are not file 0ithin three months

from the ate not thereafter shall be the basis of any sanction against any person or party.

*ach rule becomes effective &$ ays after the filing3 unless a ifferent ate is fi+e byla0 or specifie in the rule in cases of imminent anger to public health3 safety an

0elfare3 the e+istence of 0hich must be e+presse in a statement accompanying the rule.

%he court shall ta6e 9uicial notice of the certifie copy of each rule uly file or aspublishe in the bulletin or coifie rules

Gniversity of the Philippines La0 Centers Office of /ational ministrative Register isnot only tas6e to publish this 5uarterly register but must 6eep an up-to-ate coification

of all rules thus publishe an remaining in effect together 0ith a complete ine+ an

appropriate tables. *very rule establishing an offense or efining an act 0hich pursuant

to la0 is punishable as a crime or sub9ect to a penalty shall in all cases be publishe infull te+t. *+ceptions to the 8filing re5uirement8 areA Congress3 !uiciary3 Constitutional

Commission3 military establishments in all matters relative to rme :orces personnel3

the Boar of Parons an Parole an state universities an colleges.

s previously state3 there are no up-to-ate or complete Statutes finers. %hose

publishe are liste in the Bibliography. s previously state3 to facilitate legal research3one has to go online to virtual libraries such as the Supreme Court *-Library3 Chan

Robles >irtual La0 Library or the ifferent atabases in CD ROM of CD sia

%echnologies sia 'nc.

$." Research of Case La0

SOGRC*A "##" Revise Manual of Cler6s of Court. Manila3 Supreme Court3 "##".

Case La0 or !uicial ecisions are official interpretations or manifestation of la0 mae

by persons an agencies of the government performing 9uicial an 5uasi-9uicialfunctions. t the ape+ of the Philippine !uicial System is the Supreme Court or 0hat

they call as court of last resort. %he reorganiation of the !uiciary of &42#


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Conventional ecisions are ecisions or rulings mae by regularly constitute court of

9ustice. Suborinate ecisions are those mae aministrative agencies performing 5uasi-

9uicial functions.

One ma9or problem in conucting research on case la0 is the availability of publishe or

printe ecisionsfrom the Court of ppeals to the rest of the 9uicial an 5uasi-9uicialagencies. %he !uicial Reform Program of the Supreme Court 0ith the establishment of

the Supreme Court *-Library aims to aress this problem an also from statute la0.

%he Reporters Office of the Supreme Court an the Court of ppeals 6eep all the originalan complete copies of the court ecisions. :or the rest of the members of the !uiciary

or the 5uasi-9uicial agencies3 copies of their ecisions may be ta6en from the Legal

Office3 Office of the Cler6s of Court or their libraries.

Supreme Court Decisions

Decisions of the Supreme Court bin the lo0er courts an are a source of la0. 't is the

9ugment of this court 0hich etermines 0hether a la0 is constitutional or not.

Gnconstitutional la0s even though it is signe by the Presient an passe by both houseof congress can not ta6e effect in the Philippines.

Decisions of the Supreme Court are classifie as follo0sA

8Regular ecisions8 an e+tene Resolutions are publishe in court reports either inprimary or seconary sources. %hese ecisions provie the 9ustice 0ho penne the

ecision or ponente an the other 9ustices responsible for promulgating the ecision3

0hether *n Banc or by Division. Separate issenting anFor concurring opinions are

li6e0ise publishe 0ith the main ecision. %hese regular an e+tene resolutions areavailable electronically in the Supreme Court *-Library uner Decsions.

Gnsigne Minute Resolutions are not publishe. lthough they bear the same force asthe regular ecisions or e+tene resolutions3 they are signe an issue by the respective

Cler6s of Court *n Banc or Division. %hey are not publishe. %hee Supreme Court *-

Library has no0 incorporate these Minute Resolutions3 more particularly those thatresolve a motion for reconsieration or those that e+plain or affirm a ecisionE an


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*ven before the 0ar3 there 0ere unpublishe ecisions of the Court. %he source of these

unpublishe ecisions is the Office of the Reporter of the Supreme Court. Due to the0ar3 a number of the original ecisions have been burne. So3 there is no complete

compilation of the original ecisions of the Supreme Court. %his problem is being solve

by the Supreme Court *-Library 0here are great number of these unpublishe ecisionsof the Supreme Court before the 0ar 0ere retrieve from ifferent sources such as the

Gnite States /ational rchives in Marylan3 private collection of former Supreme

Court !ustices such as Chief !ustice Ramon vancena an !ustice )eorge Malcom


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o teneos 'ne+ I 5uirres 'ne+

o Le+ Libris !urispruenceF%emplate search

Court of ppeals ecisions

Decisions of the Court of ppeals are merely persuasive on lo0er courts. %hey are cite

in cases 0here there are no Supreme Court ecisions in point. 'n this regar3 they areconsiere as 9uicial guies to lo0er courts an that conclusion or pronouncement they

ma6e can be raise as a octrine.

Sources of Court of ppeals ecisions areA

%e+tA

o Official )aette


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CD sia %echnologies Le+ Libris series has iniviual CD ROMs for the Department of

!ustice3 Securities an *+change Commission3 Bang6o Sentral ng Pilipines


32/32

Supreme Court to aopt rules for the integration of the Philippine Bar. Presiential

Decree &2& anguar of the

Philippine Constitution3 P@'LCO/S3 ll sia ssociation3 Catholic La0yers )uil ofthe Philippines3 Society of 'nternational La03 7'LOC'3 7omen La0yers ssociation of

the Philippines

Documents

12092033df3 Philippine Legal Research Doc