LegPhilo Powerpoint -Case Analysis (functional-policy science)

Functionalist PerspectiveModern Legal Realist PerspectiveCritical Legal AnalysisPolicy ScienceScandinavian Legal Realism

Group 18:

Esplana, Maria Carla

Octaviano, Clarence

Yu, Benjamin

Functionalist Perspective

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Arrobang v. MartinezG.R. No. 153974 August 7, 2006

Facts:

Petitioners are owners of parcels of land. On Petitioners are owners of parcels of land. On November 8, 1995, the Sangguniang Bayan of the November 8, 1995, the Sangguniang Bayan of the Municipality of Panay issued Resolution authorizing Municipality of Panay issued Resolution authorizing the municipal government through the mayor to the municipal government through the mayor to initiate expropriation proceedings.initiate expropriation proceedings.

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A petition for expropriation was thereafter filed on April 14, 1997 by the Municipality of Panay.Petitioners filed a Motion to Dismiss alleging that the taking is not for public use but only for the benefit of certain individuals.That it is politically motivated because petitioners voted against the incumbent mayor and vice-mayor.

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The trial court issued an Order appointing three persons as Commissioners to ascertain the amount of just compensation for the property.

The Trial court denied petitioners Motion to Dismiss and declared that the expropriation in this case is for "public use" and the respondent has the lawful right to take the property upon payment of just compensation.

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Petitioners filed on March 2, 1998 a Petition for Certiorari before the CA claiming that they were denied due process when the trial court declared that the taking was for public purpose without receiving evidence on petitioners claim that the Mayor of Panay was moved by political reasons.

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On March 20, 2002, the CA rendered its Decision On March 20, 2002, the CA rendered its Decision dismissing the Petition for Certiorari.dismissing the Petition for Certiorari.

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Issue:

Whether or not the Petitioners were denied procedural due process of law?


Held: Held:

Yes. Yes. The Expropriation in this case was based merely The Expropriation in this case was based merely on a resolution, such expropriation is clearly on a resolution, such expropriation is clearly defective. While the Court is aware of the defective. While the Court is aware of the constitutional policy promoting local autonomy, the constitutional policy promoting local autonomy, the court cannot grant judicial sanction to an LGUs court cannot grant judicial sanction to an LGUs exercise of its delegated power of eminent domain exercise of its delegated power of eminent domain in contravention of the very law giving it such power.in contravention of the very law giving it such power.

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Hon. Jejomar Binay and Municipality of Makati v. Hon. Eufemio Domingo September 11, 1991

Facts: Facts:

On September 27, 1988, petitioner Municipality, approved On September 27, 1988, petitioner Municipality, approved Resolution No. 60 which reads: Resolution No. 60 which reads:

““A RESOLUTION TO CONFIRM AND/OR RATIFY THE A RESOLUTION TO CONFIRM AND/OR RATIFY THE ONGOING BURIAL ASSISTANCE PROGRAM ONGOING BURIAL ASSISTANCE PROGRAM INITIATED BY THE OFFICE OF THE MAYOR, OF INITIATED BY THE OFFICE OF THE MAYOR, OF EXTENDING FINANCIAL ASSISTANCE OF FIVE EXTENDING FINANCIAL ASSISTANCE OF FIVE HUNDRED PESOS (P500.00) TO A BEREAVED HUNDRED PESOS (P500.00) TO A BEREAVED FAMILY, FUNDS TO BE TAKEN OUT OF FAMILY, FUNDS TO BE TAKEN OUT OF UNAPPROPRIATED AVAILABLE FUNDS EXISTING IN UNAPPROPRIATED AVAILABLE FUNDS EXISTING IN THE MUNICIPAL TREASURY. “THE MUNICIPAL TREASURY. “ 10


Qualified beneficiaries would receive the amount of Qualified beneficiaries would receive the amount of five hundred pesos (P500.00) cash relief from the five hundred pesos (P500.00) cash relief from the Municipality of Makati.Municipality of Makati.

Metro Manila Commission approved Resolution No. Metro Manila Commission approved Resolution No. 60. Thereafter, the municipal secretary certified a 60. Thereafter, the municipal secretary certified a disbursement fired of four hundred thousand pesos disbursement fired of four hundred thousand pesos (P400,000.00) for the implementation of the Burial (P400,000.00) for the implementation of the Burial Assistance Program. Assistance Program.

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Resolution No. 60 was referred to respondent Commission on Resolution No. 60 was referred to respondent Commission on Audit (COA) for its expected allowance in audit.Audit (COA) for its expected allowance in audit.

COA disapproved Resolution No. 60 and disallowed in audit COA disapproved Resolution No. 60 and disallowed in audit the disbursement of funds.the disbursement of funds.

Two letters for reconsideration filed by petitioners were denied Two letters for reconsideration filed by petitioners were denied by respondent.by respondent.

Petitioners were strained to file this special civil action of Petitioners were strained to file this special civil action of certiorari Burial Assistance Program has been stayed by certiorari Burial Assistance Program has been stayed by COA.COA.

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Issue:Issue:

Whether or not Subject Resolution No. 60, s. 1988, of Whether or not Subject Resolution No. 60, s. 1988, of the Municipal Council of Makati and the intended the Municipal Council of Makati and the intended disbursements fall within the twin principles of disbursements fall within the twin principles of

police power and parens patriae.police power and parens patriae.

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Held: Held:

Resolution No. 60 is a paragon of the continuing Resolution No. 60 is a paragon of the continuing program of our government towards social justice. program of our government towards social justice. The Burial Assistance Program is a relief of The Burial Assistance Program is a relief of pauperism, though not complete. pauperism, though not complete.

Commission on Audit's Decision No. 1159 is SET Commission on Audit's Decision No. 1159 is SET ASIDE. ASIDE.

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Functional Perspectives case analysis:Functional Perspectives case analysis:

The two cases above were historical expression of the The two cases above were historical expression of the social interest context in our country that properly social interest context in our country that properly displays the functional perspective view of law. The displays the functional perspective view of law. The court in ruling these cases expressly applies the court in ruling these cases expressly applies the maxim of salus populi est suprema lexmaxim of salus populi est suprema lex

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It is thus based on the title and concern of the entire It is thus based on the title and concern of the entire social group against those forms and acts and social group against those forms and acts and practices which adversely affect the stability of practices which adversely affect the stability of existence and happiness of the people.existence and happiness of the people.

There is an abundance of historical illustrations where There is an abundance of historical illustrations where national decay has been the result with the wanting national decay has been the result with the wanting of the esteem fro personality and dignity.of the esteem fro personality and dignity.

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Modern Legal Realism

Facts:Facts:

Soledad Escritor works as a Clerk of Court in the Regional Soledad Escritor works as a Clerk of Court in the Regional Trial Court of Las Pinas. Complainant Estrada, Trial Court of Las Pinas. Complainant Estrada, requested for an investigation in relation to rumors that requested for an investigation in relation to rumors that respondent was engaged in a relationship with a man respondent was engaged in a relationship with a man who is not her husband. who is not her husband.

She admitted that she started living with Luciano Quilapio, She admitted that she started living with Luciano Quilapio, Jr. without the benefit of marriage more than twenty Jr. without the benefit of marriage more than twenty years ago years ago

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Alejandro Estrada v. Soledad EscritorAugust 4, 2003


She also admitted that she and Quilapio have a son. She also admitted that she and Quilapio have a son. But as a member of the Jehovah’s Witnesses, But as a member of the Jehovah’s Witnesses, respondent asserted that their conjugal respondent asserted that their conjugal arrangement is in conformity with their religious arrangement is in conformity with their religious beliefs and has the approval of her congregation. beliefs and has the approval of her congregation.

The couple executed on July 28, 1991, a “Declaration The couple executed on July 28, 1991, a “Declaration of Pledging Faithfulness.”of Pledging Faithfulness.”

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Issue:Issue:

Whether or not respondent should be reprimanded for Whether or not respondent should be reprimanded for her alleged extra-marital affairs.her alleged extra-marital affairs.

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Held:Held:

No. Our Constitution adheres to the benevolent neutrality No. Our Constitution adheres to the benevolent neutrality approach that gives room for accommodation of approach that gives room for accommodation of religious exercises as required by the Free Exercise religious exercises as required by the Free Exercise Clause. Clause.

Respondent Escritor’s conjugal arrangement cannot be Respondent Escritor’s conjugal arrangement cannot be penalized as she has made out a case for exemption penalized as she has made out a case for exemption from the law based on her fundamental right to freedom from the law based on her fundamental right to freedom of religion. of religion.

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Case Analysis for Modern Legal Realist Case Analysis for Modern Legal Realist PerspectivePerspective

The Metalegal Factor of the Stimuli Set Up by the The Metalegal Factor of the Stimuli Set Up by the Judges’ Predelictions and Preconceptions may be Judges’ Predelictions and Preconceptions may be applied in the case at bar. The leading case of applied in the case at bar. The leading case of Estrada v. Escritor was penned by Chief Justice Estrada v. Escritor was penned by Chief Justice Reynato Puno, a known religious and virtuous man. Reynato Puno, a known religious and virtuous man.

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Chief Justice Puno ruled in favor of the respondent. Chief Justice Puno ruled in favor of the respondent. He characterized the acts of the respondent to be He characterized the acts of the respondent to be well in the realm of the free exercise of her religious well in the realm of the free exercise of her religious beliefs. Furthermore, it was held that there was no beliefs. Furthermore, it was held that there was no compelling state interest to warrant a punishment compelling state interest to warrant a punishment against the respondent.against the respondent.

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The mind of a Judge or Justice is a store of legal The mind of a Judge or Justice is a store of legal sympathies and legal antipathies which is acquired sympathies and legal antipathies which is acquired in the process of maturing and education. The in the process of maturing and education. The metalegal stimuli come into operation only because metalegal stimuli come into operation only because certain issues strike familiar notes which may set a certain issues strike familiar notes which may set a judicial tone.judicial tone.

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Marcos vs. Manglapus, September 15, 1989

Facts:Facts:

The petitioners are Ferdinand E. Marcos and his The petitioners are Ferdinand E. Marcos and his immediate family, while Raul Manglapus, Secretary of immediate family, while Raul Manglapus, Secretary of Foreign Affairs, the respondent. The call is about the Foreign Affairs, the respondent. The call is about the request of Marcos family to the court to order the request of Marcos family to the court to order the respondents to issue travel documents to Mr. Marcos respondents to issue travel documents to Mr. Marcos and the immediate members of his family and to and the immediate members of his family and to enjoin the implementation of the president’s decision enjoin the implementation of the president’s decision to bar their return to the Philippines.to bar their return to the Philippines.

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Issue:Issue:

Whether or not, in the exercise of the powers granted Whether or not, in the exercise of the powers granted by the constitution, the President may prohibit the by the constitution, the President may prohibit the

Marcoses from returning to the Philippines.Marcoses from returning to the Philippines.

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Held:Held:

Petition was dismissed. President did not arbitrarily or Petition was dismissed. President did not arbitrarily or with grave of discretion in determining that return of with grave of discretion in determining that return of former president Marcos and his family at the former president Marcos and his family at the present time and under present circumstances present time and under present circumstances poses a serious threat to national interest and poses a serious threat to national interest and welfare and in prohibiting their return to the welfare and in prohibiting their return to the Philippines.Philippines.

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Case Analysis for Modern Legal Realist:Case Analysis for Modern Legal Realist:

The Metalegal Factor of the Stimuli Set Up by The Metalegal Factor of the Stimuli Set Up by Historical or Political Events and Precedents may Historical or Political Events and Precedents may be applied in the case at bar.be applied in the case at bar.

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The historic-political setting of the case shows that it The historic-political setting of the case shows that it was barely four years after the dramatic EDSA was barely four years after the dramatic EDSA Revolution and that strong political feelings were still Revolution and that strong political feelings were still at its height. The Supreme Court ruled against the at its height. The Supreme Court ruled against the petitioners not because of existing prejudices against petitioners not because of existing prejudices against the family, but because the Motion was filed during a the family, but because the Motion was filed during a time when emotions were still high and a strong time when emotions were still high and a strong possibility of government destabilization was possibility of government destabilization was apparent.apparent.

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Critical Legal Studies

International School Alliance of Educators v. Hon. Leonardo A. QuisumbingJune 1, 2000

Facts: Facts: International School Inc. is a domestic educational International School Inc. is a domestic educational

Institution established primarily for dependents of Institution established primarily for dependents of foreign diplomatic personnel and other temporary foreign diplomatic personnel and other temporary residents.residents.

Respondent school hires foreign and local teachers as Respondent school hires foreign and local teachers as members of its faculty.members of its faculty.

They were classified as foreign-hires and local-hires.They were classified as foreign-hires and local-hires.

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The local-hires complained against the better The local-hires complained against the better treatment of their colleagues who have been hired treatment of their colleagues who have been hired abroad.abroad.

Petitioner claims that the point-of-hire classification Petitioner claims that the point-of-hire classification employed by the school is discriminatory to employed by the school is discriminatory to Filipinos.Filipinos.

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Issue:Issue:

Whether or not the classification employed by Whether or not the classification employed by the respondent school constitutes racial the respondent school constitutes racial

discriminationdiscrimination

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Held:Held:

YES. YES. The Constitution in the Article on Social Justice The Constitution in the Article on Social Justice and Human Rights exhorts Congress to "give and Human Rights exhorts Congress to "give highest priority to the enactment of measures that highest priority to the enactment of measures that protect and enhance the right of all people to human protect and enhance the right of all people to human dignity, reduce social, economic, and political dignity, reduce social, economic, and political inequalities." inequalities."

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The very broad Article 19 of the Civil Code The very broad Article 19 of the Civil Code requires every person, "in the exercise of his requires every person, "in the exercise of his rights and in the performance of his duties, rights and in the performance of his duties, [to] act with justice, give everyone his due, [to] act with justice, give everyone his due, and observe honesty and good faith.“and observe honesty and good faith.“

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In this case, the point-of-hire classification In this case, the point-of-hire classification employed by respondent school to justify the employed by respondent school to justify the distinction in the salary rates of foreign-hires distinction in the salary rates of foreign-hires and local hires is an invalid classification. and local hires is an invalid classification.

““equal pay for equal work”equal pay for equal work”

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Case AnalysisCase Analysis

Critical Legal Studies views the law as an instrument Critical Legal Studies views the law as an instrument to redeem the people from social divisions and to redeem the people from social divisions and hierarchies.hierarchies.

It is an advocacy of the law as a neutral and objective It is an advocacy of the law as a neutral and objective means of social control with emphasis on its means of social control with emphasis on its liberating functionliberating function

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It is only when the law is neutral and maintains It is only when the law is neutral and maintains its its neutrality in the inevitable conflict of claims, neutrality in the inevitable conflict of claims, demands, and expectations can everyone in society demands, and expectations can everyone in society accept it as a means of social control and feel safe accept it as a means of social control and feel safe and secure from illegitimate divisions and and secure from illegitimate divisions and hierarchies. hierarchies.

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Policy Science

Facts:Facts:

A petition for Habeas Corpus was filed by the A petition for Habeas Corpus was filed by the Integrated Bar of the Philippines and Free Legal Integrated Bar of the Philippines and Free Legal Assistance Group on behalf of Attorneys Laurente Assistance Group on behalf of Attorneys Laurente Ilagan, Antonio Arellano, and Marcos Risonar.Ilagan, Antonio Arellano, and Marcos Risonar.

The three lawyers were arrested and detained in The three lawyers were arrested and detained in Camp Catitipan solely on the basis of a Mission Camp Catitipan solely on the basis of a Mission Order signed by General Echavarria.Order signed by General Echavarria.

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Petition for Habeas Corpus: Laurente C. Ilagan v. Hon Juan Ponce EnrileOctober 21, 1985

The petition for habeas corpus was then filed on the The petition for habeas corpus was then filed on the ground that the arrests were illegal and violative of the ground that the arrests were illegal and violative of the Constitution, because arrests cannot be made on the Constitution, because arrests cannot be made on the basis of Mission Orders.basis of Mission Orders.

Respondents contended that the attorneys were Respondents contended that the attorneys were arrested on the basis of a Decree issued by the arrested on the basis of a Decree issued by the President. Respondents further alleged that the President. Respondents further alleged that the detained attorneys played active roles in organizing detained attorneys played active roles in organizing mass actions of the Communist Party mass actions of the Communist Party

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Court resolved to order the temporary release of the Court resolved to order the temporary release of the detained attorneys.detained attorneys.

Despite the Order of the Court, the detained attorneys Despite the Order of the Court, the detained attorneys were not released.were not released.

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The respondents alleged that an Information for The respondents alleged that an Information for Rebellion was filed against the detained attorneys Rebellion was filed against the detained attorneys and thus making the petition for Habeas Corpus and thus making the petition for Habeas Corpus moot and academic. Petitioners opined, saying that moot and academic. Petitioners opined, saying that the detained attorneys were not given the benefit of the detained attorneys were not given the benefit of preliminary investigation, ant that they were denied preliminary investigation, ant that they were denied their constitutional right to due process.their constitutional right to due process.

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Issue:Issue:

Whether or not the subsequent filing of an Whether or not the subsequent filing of an Information is a bar to a petition for Habeas Information is a bar to a petition for Habeas

Corpus.Corpus.

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Held:Held:

Case was dismissed for having become moot and Case was dismissed for having become moot and academic. Petitioners were detained by virtue of a academic. Petitioners were detained by virtue of a Warrant of Arrest issued by the Regional Trial Court Warrant of Arrest issued by the Regional Trial Court of Davao City in relation to the criminal case for of Davao City in relation to the criminal case for Rebellion filed against them before said Court.Rebellion filed against them before said Court.

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Case Analysis for Policy Science:Case Analysis for Policy Science:

The concept of Habeas Corpus as presented in this The concept of Habeas Corpus as presented in this case is the materialization of the concept of “Liberty” case is the materialization of the concept of “Liberty” as a social value. The social value of “liberty” as a social value. The social value of “liberty” moves towards the ability of people to act or to do moves towards the ability of people to act or to do things which are crucial to his way of life.things which are crucial to his way of life.

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In the present case, the social value of “liberty” took In the present case, the social value of “liberty” took an active form. The active form of “liberty” is that an active form. The active form of “liberty” is that which may be the basis of legal claims or legal which may be the basis of legal claims or legal powers. The exercise of the right to Petition the powers. The exercise of the right to Petition the Court for Habeas Corpus is an example of an active Court for Habeas Corpus is an example of an active form of “liberty” based on a legal claim.form of “liberty” based on a legal claim.

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The social value of “Power” was also evident in the The social value of “Power” was also evident in the case at bar. The first aspect of “Power” as a social case at bar. The first aspect of “Power” as a social value is the capacity to secure and maintain value is the capacity to secure and maintain fundamental Human Rights. These rights cannot exist fundamental Human Rights. These rights cannot exist under a benevolent despot. In Ilagan v. Enrile, the under a benevolent despot. In Ilagan v. Enrile, the captives were arrested under the authority of the then captives were arrested under the authority of the then dictator Ferdinand Marcos. It can be gainsaid that the dictator Ferdinand Marcos. It can be gainsaid that the arbitrary authority exercised over the lawyers were arbitrary authority exercised over the lawyers were unnatural and undesirable.unnatural and undesirable.

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Scandinavian Legal Realism

Primitivo Ansay, etc. et.al.v. The Board of Directors of the National Development Company, et.al.

Appellants filed a complaint praying for a 20% Appellants filed a complaint praying for a 20% Christmas bonus.Christmas bonus.

Appellees filed a motion to dismiss.Appellees filed a motion to dismiss.CFC ruled that petitioners have no cause of action to CFC ruled that petitioners have no cause of action to

secure such bonus.secure such bonus.A bonus is an act of liberality.The court has no power to compel a party to comply

with a moral obligation.

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Appellants filed a motion for reconsideration but Appellants filed a motion for reconsideration but was denied, hence this appeal.was denied, hence this appeal.

Appellants contend that there exists a cause of Appellants contend that there exists a cause of action in their complaint.action in their complaint.

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Issue:Issue:

Whether or not the company is obliged to give Whether or not the company is obliged to give 20% bonus since the claim of the appellants 20% bonus since the claim of the appellants rests on moral grounds or what is defined by rests on moral grounds or what is defined by

law as natural obligationlaw as natural obligation

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Held:Held:Natural Obligations are those based on equity and Natural Obligations are those based on equity and

natural law, which are not enforceable by means of natural law, which are not enforceable by means of court action, but which after voluntary fulfillment by the court action, but which after voluntary fulfillment by the obligor, authorize the retention by the obligee of what obligor, authorize the retention by the obligee of what has been delivered or rendered by reason thereof.has been delivered or rendered by reason thereof.

These refer to obligations without sanction, susceptible These refer to obligations without sanction, susceptible of voluntary performance, but not through compulsion of voluntary performance, but not through compulsion by legal means.by legal means.

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Case Analysis:Case Analysis:Scandinavian Legal Realism views the law as the Scandinavian Legal Realism views the law as the

means of regulating human behavior based on the means of regulating human behavior based on the feeling for what is best for the social welfare. feeling for what is best for the social welfare.

They believe that legal ideology has no place in the They believe that legal ideology has no place in the conception of the law and its component jural conception of the law and its component jural relations. relations.

The conventional concepts of “right” and “obligation’ The conventional concepts of “right” and “obligation’ are verbal magic.are verbal magic.

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LegPhilo Powerpoint -Case Analysis (functional-policy science)