Case Synthesis 24 – Senators

- Summary of what is the case about 294 – Representatives

- Ruling of the Supreme Court (ratio decidendi)
- It is often used in pleadings, unlike case digest where it BILL AND RESOLUTIONS
only analyze shall have the force and effect of the Law

BILLS:
SOURCES OF LAW
STEPS IN THE PASSAGE OF BILL INTO LAW
Bill
 Legal Research is about AUTHORITIES - Is a proposed legislative measure introduced by a member or members
- What should apply is law and authorities of Congress for enactment into law.
- It is signed by its author(s) and filed with the Secretary of the House
- It may originate from either the lower or upper House, except:
Advantage of Legal Research: o Appropriation
- Helps finding authorities here your position is against the o Revenue or tariff bills
o Bills authorizing increase of public debt
doctrinal law o Bills of local application
o Private bills
Primary Legal Authorities which shall originate exclusively in the House of
Representatives
- Authorities which are mandatory because it is the law
where it use the decision of Supreme Court and Law 1. MAKING THE BILL
Secondary Authority a. Introduced by a member or members of Congress for enactment into
law
- Only persuasive b. It is signed by its author(s) and filed with the Secretary of the
- Ex: Annotated Books House
c. the Secretary of the House reports the bill for first reading
Government
2. FIRST READING
a. it will consist of reading the number and the title of the bill
b. it will refer to the appropriate Committee for study and recommendation
Executive Legislative Judicial c. the committee will hold public hearings on the proposed measure, and it
will submit(s) its report and recommendation for Calendar for second
reading

3. SECOND READING
a. the bill shall be read in full with the amendments proposed by the
Senate House of Representatives Committee
- the copies will be distributed to the Committee
b. thereafter, the bill will be subjects to debated, pertinent motions,
and amendments

 if the bill is approved on third reading by one House,

District Representatives Party List it is transmitted to the other House for
Representatives concurrence
  if the other House approves the bill without
amendment, the bill is passed by Congress, and
the same will be transmitted to the President for
appropriate action.
 If the other house introduces amendments and the
House from which it originated does not agree
with said amendments, the differences will be
settled by the Bicameral Conference
Committee of both Chambers, whose reports or
recommendation thereon will have to be
approved by both Houses in order that it will be
considered passed by Congress and thereafter
sent to the President for action
Bicameral Conference Committee
-the mechanism for compromising
differences between the Senate and the House in
the passage of a bill into law
- it may deal generally with the subject
matter, or it may produce unexpected results
beyond its mandate
 3 versions of a Bill
1. Lower House
2. Senate
3. Conference Committee
 If both Houses approve the report of the
conference committee adopting a third version
of the bill, then it is the latter that is final
version, which is conclusive under the doctrine
of enrolled bill, that will be submitted to the
President for approval
c. after the amendments shall have been acted upon, the bill will be
voted upon
d. if a bill approved in this reading, the bill shall be included in the Calendar
of bills for third reading
4. THIRD READING
a. the bill as approved on second reading will be submitted for final vote by
yeas or nays.
Authentication of Bills / Enrolled Bill
- system of authentication is needed before an approved bill is sent to
the President
- it is authenticated by signing by the Speaker and Senate President of
the printed copy of the approved bill, certified by the respective
secretaries of the both House, to signify to the President that the bill
being presented to him has been duly approved by the legislature and
is ready for his approval or rejection.
Legislative Journal
- records of the proceedings of all the readings of the bill
b. the bill will be submitted to President for its approval or veto
President’s approval or veto
 APPROVAL
- if he approves the bill, he shall sign it to become a Law
 VETO
- If he vetoes the bill, it will be return with his objections to
the House where it originated, which shall enter the
objections in its Journal and proceed to reconsider.
- After such reconsideration, 2/3 of all members of such
House shall agree to pass the bill, it shall be sent,
together with the objections, to other House by which is
shall likewise be reconsidered, and if approved by the 2/3
of all members of thath House, it shall become a law.
 REJECTION
- the President shall communicate his veto to any bill to the
House where it originated within 30 days after the date of
receipt thereof, otherwise, it shall become a law as if he
signed it
A bill by Congress becomes a Law:
1. when the President signs it
2. when the President does not sign nor communicate
his veto of the bill within 30 days after his receipt
thereof
3. when the vetoed bill is repassed by Congress by
2/3 vote of all its members, each House voting
separately.
Presidential Certification
- it is the certification of the President as to the necessity of the bill’s
immediate enactment to meet a public calamity or emergency, the
requirement of three readings on separate
days and of printing and distribution of printed copies
thereof 3 days before its passage can be dispensed with.
RESOLUTIONS Article VI, Section 26(3) of 1987 Con.
1. Joint Resolution - “No bill passed by either House shall become a law unless it
- Approval of the Congress, signed by the President has passed three readings on separate days, and printed
copies thereof in its final form have been distributed to its
- If approved, it has force and effect Members three days before its passage, except when the
- Used when dealing with a single item issue President certifies to the necessity of its immediate enactment
to meet a public calamity or emergency. Upon the last reading
of a bill, no amendment thereto shall be allowed, and the vote
2. Current Resolution thereon shall be taken immediately thereafter, and the vote
yeas and nays entered in the Journal”
- Affects both Houses but not passed to the President
for signing
Publication of Law
- Article 2 of the Civil Code

3. Single Resolution
- Not consider by both Congress and not sent to the
President for his signature STATUTES ENACTED THROUGH THE YEARS
- Primary Legal Authority
- Express the opinion as single house on current issue A. Act (Public Act)
- 1889-1935
- Ex: Revised Penal Code (Act. 3815) –January 1,
1932
LEGISLATIVE PROCESS
Process of a bill becomes a law
B. Commonwealth Act
Article Vi, Section 24 of 1987 Con. - 1935-1941
- “All appropriation, revenue or tariff bills, bill - Ex: CA No. 1 – National Defense Act
authorizing increase of the public debt, bills of local CA No. 613 – Philippine Immigration Act
application, and private bill shall originate exclusively
in the House of Representatives, but the Senate may C. Presidential Decree and Proclamation
propose or concur with amendments - 1974-1984 by President Marcos
- Appropriation - Ex: PD No. 442
- Revenue or tariff bills
- Bills authorizing increase of the public debt D. Batasan Pambansa
- Bills of local application - 1978-1985
- Private bills
- Ex: BP 22 – Bouncing Check Law
- Purpose: HoR knows the problems of their locality BP 129 – Judiciary Reorganization Law
of 1982
 E. Executive Order 3. Includes restructuring, reconfiguring . . . . .
- 1986-1977 by President Aquino
- Ex: EO No. 209 – Family Code of the Philippines
(effective on 1988) 4. Ordinance Power
F. Republic Act - Executives rule-making authority in implementing or
- 1987- present executing constitutional or statutory provision

IMPLEMENTING RULES AND REGULATIONS

EXECUTIVE DEPARTMENT – ARTICLE VII
- Enacted by the President in pursuit of its power to
 Control Power implement the law
 Ordinance Power  If there is new law, there will be an
IRR
PRESIDENT
- Head of State - All IRR that are punitive in nature should be
- Commander-in-chief published
- Head of government
- Chief diplomat - Means and methods on how the Executive will
execute the law after the legislature has enacted the
POWER: law
1. Article VII, Section 1  Sometimes, it adopts a certain rules
- “The executive power shall be vested in the in Supreme Court in some case
President of the Philippines”
 ONLY the President has executive
power not his cabinet member, not PURPOSE
the vice-president because they are : to guide executive officials how to
only the ALTER-EGO of the implement the law
President : to guide the public how to comply with the
law
2. Article VII, Section 17
- “The President shall have the control of all the  The power to adopt internal rules is inherent in the power
executive departments, bureaus, and offices. He to implement law
shall ensure that all laws be faithfully executed”  IIR is not law-making, but it is law execution
EO 292, BOOK III, CHAPTER 2 Section 7. General or Special Orders
- Ordinance power of the President - Acts and commands of the President in his capacity
as Commander-in-chief of the Armed Forces of the
Section 2. Executive Orders Philippines shall be issued as general or special
- Acts of the President providing for rules of a general orders
or permanent character in implementation or
execution of constitutional or statutory powers shall
be promulgated in executive orders PRESIDENT AS CHIEF DIPLOMAT
- The President is the agent vested with the authority
Section 3. Administrative Orders to represent the Philippines to other sovereign states
- Acts of the President which relate to particular
aspects of governmental operations in pursuance of - Chief Architect of Philippine Foreign Policy
his duties as administrative head shall be
promulgated in administrative orders
- Official Channel of communication to which other
Section 4. Proclamations Governments will listen to ascertain the position and
- Acts of the President fixing a date or declaring a view of the Philippine Government
status or condition of public moment or interest,
upon the existence of which the operation of a - it can only be entrust to that department of
specific law or regulation is made to depend, shall be government which can can act on the basis of the
promulgated in proclamations which shall have the best availbale information and can decide with
force of an executive order decisiveness
Section 5. Memorandum Order TREATY-MAKING
- Acts of the President on matters of administrative - a formal agreement usually but not necessary in
details or of subordinate or temporary interest which writing, which is entered into by states or entities
only concern a particular officer or office of the
Government shall be embodied in memorandum MONISM DUALIST
orders
Integrate directly in the legal Separate from municipal law
system
Section 6. Memorandum Circular
IL prevails even if Need an act for the
- Acts of the President on matters relating to internal
inconsistent with the transformation of the law to
administration, which the President desires to bring
municipal law be valid as municipal law
the attention, bureaus or offices of the Government,
Promote supremacy Support the idea of a state’s
for information or compliance, shall be embodied in
effectiveness and respect for sovereignty
memorandum circulars
IL
 Steps in Creating a Treaty  Philippines is a dualist, we adhere to our sovereignty
Proposal Referral by DFA to other offices or
other Gov’t offices and agencies Issuance of full powers of  If it is general accepted principle of IL, it becomes part of
special authority Negotiation Signing of Agreement the law of the country, there is no need for Ratification
(Authentication) Ratification by the Presidnet (Instrument of
Ratification Concurrence by Senate (upon 2/3 votes)  It is about the international law and not the principle
Declaration or Reseration Noification of Ratification
Entry into force

Negotiation – usually undertaken directly by the

Head of States but he now usually assigns his task to his
authorized representatives

Signature – authetication the isntrument and for

the purpose of symboilizing the good faith of the parties

Ratification – the formal act by which a state

confirms and accepts the provisions of a treaty concluded by its
representatives

Exchange of the Instruments of Ratification –

signifies the effectivity of the treaty unless a different date has
been agreed upon by the parties

“PACTA SUNT SERNDA” – the parties in the

treaty are required to foolow whatever they have made in the
treaty and they should comply with good faith
Treaty Executive Agreement
Requires legislative concurrence Do not require concurrence of the
after executive ratification legislature

Arrangement of permanent Involving agreement of more or

character
Political interest or changes of
national policies
Those which may conflict with or
change in national policy
less temporary in nature
Embody adjustment of details
carrying out well-established
national policies and traditions
 LOCAL GOVERNMENT UNIT – ARTICLE X - Plenary power vested in the legislature to make
statutes and ordinances to promote health,
Local Government Units education, good order or safety and general welfare
- They have delegated legislative power of the people
- Province, City, Municipality, Barangay
GENERAL WELFARE CLAUSE
CITY - Statutory grant of police power to LGU
- 2 Components:
City Income Population Land 1. General legislative power
- Carry into effect and discharge
A. Component City P100M
- EX: Ordinance to impose licenses and
B. Independent City
requiring permits for any establishments
C. Highly Urbanized P50m
2. Police Power proper
City
- Necessary and proper for the . . .
- EX: Ban on aerial spraying of insecticides
EXAMPLE: Pangasinan = Province
Dagupan = Independent City PRODUCTS OF LOCAL LEGISLATION
Alaminos = Component City
Ordinance Resolution
Asingan = Municipality
1. Prescribe rules of conduct Expression opinion or
Poblacion East = Barangay
sentiments; propeitary
functions and to private
concerns
LOCAL LEGISLATION
2. General and Permanent Temporary
Local Legislation LGU Presiding Officer 3. Must pass 3 hearings Need not pass into third
hearing
Sangguniang Panlalawigan Province Vice Governor
Sangguniang Panlungsod City City Vice Mayor LEGISLATIVE PROCESS (ordinance or resolution)
FIRST: Proposal
Sangguniang Bayan Municipality Municipal Vice
Mayor SECOND: Approval
Sangguniang Barangay Barangay Punong Barangay
THIRD: Review within 30 days
- Purpose: to determine that the ordinance
POLICE POWER or resolution is beyond LGU’s power
- Purpose of taking for General Welfare of the people - Component City: within 3 days days after
are protected approval, it will be reviewed by the
 Sangguniang Panlalawigan, and it will be
acted within 30 days
- Municipality & Brgy: within 10 days after
its enactment, it will be reviewed by the
Sangguniang Bayan/Panlungod within 30
days
VETO POWER OF THE LOCAL CHIEF EXECUTIVE
FOURTH: Publication or Posting
 No Penal Sanction
- Posted in Bulletin Board at the entrance of
LGU Hall and at least 2 conspicious place
in the LGU concerned
- Effective 10 days after publication
City Mayor = S. Panlungsod
Municipal Mayor = S. Bayan
Punong Barangay = S. Barangay
- Majority of all its members must be signed
the ordinance and the Punong Barangay
- EXCEPT: Punong Barangay
- The veto shall be communicated by the local chief
executive concerned to the sanggunian within 15
days (province), and 10 days (city or
municipality); otherwise, the ordinance shall be
deemed approved as if he signed it

 With Penal Sanction

- Posted in conspicuous places of LGU
concerned for a minimum of 3 weeks
- Published in a newspaper or general
circulation
- Effective after the date of publication or
posting

FIFTH: Effectivity

QUOROM
- Voted by the majority of members
- When there is no quorum, the presiding officer may
declare a recess until such time as a quorum is
constituted
- If there is still no quorum despite the enforcement of
the immediately preceding subsection, no business
shall be transacted

APPROVAL OF ORDINANCE
By: Governor = S. Panlalawigan
 JUDICIAL DEPARTMENT – ARTICLE VIII writ of habeas data

Section 1, Article VIII 2. Pleading, practice, and procedure in all court

The judicial power shall be vested in one Supreme Court in such - EX: speedy disposition of cases
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
3. Rules to the admission to the practice of law
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 4. Rules on the IBP
branch or instrumentality of the Government

5. Legal assistance to the unprivileged

JUDICIAL REVIEW
- Power of the courts to test the validity of executive
and legislative acts for their conformity with the
Constitution ARTICLE VIII, SECTION 14
a. To pass upon the validity or constitutionality of laws No decision shall be rendered by any court without
and acts of departments of the government expressing therein clearly and distinctly the facts and the
b. To interpret laws law on which it is based
c. To render binding judgements

JUDICIAL POWER RULE 36, SECTION 1: RENDITION OF JUDGEMENTS AND

- Duty of the courts of justice to settle controversies FINAL ORDER
involving right which are legally demandable and
enforceable
 In writing
- To determine whether there has been a grave abuse
 Personally and directly prepared by the judge
of discretion amounting to lack of excess of
jurisdiction on the part of the of any branch or  The decision is stated clearly and distinctly the
instrumentality of the government facts and the law which is based

WHY?
- Raised on appeal
POWER TO PROMULGATE RULES (Section 5 (5), Article - That it was arrive at based on legal
VIII) reasoning
- For due process
1. Concerning the protection and enforcement of
constitutional rights
- EX: writ of habeas corpus
HEIRARCHY OF COURTS Petition for Certiorari under Rule 65
- To shield the Court form having to deal with causes - Grave abuse of discretion amounting to
that are also well within the competence of the lower lack or excess of jurisdiction
courts - It is committed by lower courts or other
- This leaves time to the Court to deal with the more instrumentalities
fundamental and more essential tasks that the - Characterized by capriciousness,
Constitution has assigned to it arbitratiousness, and whimsical
- REQUISITES:
Supreme Court 1. The writ is directed against a
- Final arbiter tribunal, a board or any officer
- Last appeal to this court is Motion for exercising judicial or quasi-judicial
Reconsideration; one party is only entitled for that functions;
motion 2. Such tribunal or officer has acted
upon on grave abuse of discretion
Court of Appeals amounting to lack or excess of
jurisdiction
3. There is no appeal and adequate
Regional Trial Court remedy in the ordinary course of law

Petition for Certiorari

Municipal Trial Court Rule 65 Rule 45
File: in any court such as File: only in SC
RTC, CA, and SC
HEIRARCHY OF COURTS Filed within 60 days from File within 15 days from
- Filing of a case within the lower courts before receipt of Resolution denying receipt for Notice of
elevating to the Supreme Court motion for reconsideration judgement, Resolution, or
Final Order
NOT IRON CLAD RULE Tackles on Question of fact Tackles on Question of law
- Full cognizance is given to Supreme Court to and law
assume jurisdiction over special . . . . . . for Not necessarily final Final disposition of the case
compelling reasons . . . . . . . disposition, may be one of the
incidents of the case
CERTIORARI
- Supreme Court has power to review the proceedings Plea-Bargaining Provision
of all inferior tribunals, and to pass upon their - Example of grave abuse of decision
jurisdiction and decisions on questions of law
CASES DIRECTLY TO THE SUPREME COURT
 When it deals with the constitutional issues in the validity
of the law
 Questions on the transcendental issues
 When it is a case of first impression where there is no
jurisprudence yet
 Issue which is best decided by the Supreme Court
 Review of the acts of Constitutional Organs:
- COMELEC – Commission on Elections
- CSC – Civils Service Commission
- CHR – Commission on Human Rights
- President
- Sandiganbayan
THE INTERNAL RULES OF THE SUPREME COURT
RULE 1
THE INTERNAL RULES
Section 1. The Internal Rules. – These Rules shall govern the internal
operations of the Supreme Court and guide its exercise of judicial and
administrative functions. They shall be cited as The Internal Rules of the
Supreme Court.
RULE 2
THE OPERATING STRUCTURES
Section 2. Quorum of the Court en banc. – Eight Members shall
constitute a quorum of the Court. In the absence of the Chief Justice, the
most senior Associate Justice present shall chair the sessions of the
Court.
Section 3. Court en banc matters and cases. – The Court en
banc shall act on the following matters and cases:
(a) cases in which the constitutionality or validity of any treaty,
international or executive agreement, law, executive order,
presidential decree, proclamation, order, instruction, ordinance, or
regulation is in question;
(b) criminal cases in which the appealed decision imposes the
death penalty or reclusion perpetua;
(c) cases raising novel questions of law;
(d) cases affecting ambassadors, other public ministers, and
consuls;
(e) cases involving decisions, resolutions, and orders of the Civil
Service Commission, the Commission on Elections, and the
Commission on Audit;
(f) cases where the penalty recommended or imposed is the
dismissal of a judge, the disbarment of a lawyer, the suspension
of any of them for a period of more than one year, or a fine
exceeding forty thousand pesos;
(g) cases covered by the preceding paragraph and involving the
reinstatement in the judiciary of a dismissed judge, the
reinstatement of a lawyer in the roll of attorneys, or the lifting of a
judge’s suspension or a lawyer’s suspension from the practice of
law;
(h) cases involving the discipline of a Member of the Court, or a
Presiding Justice, or any Associate Justice of the collegial
appellate court;
(i) cases where a doctrine or principle laid down by the Court en
banc or by a Division my be modified or reversed;
(j) cases involving conflicting decisions of two or more divisions;
(k) cases where three votes in a Division cannot be obtained;
(l) Division cases where the subject matter has a huge financial
impact on businesses or affects the welfare of a community;
 (m) Subject to Section 11 (b) of this rule, other division cases
that, in the opinion of at least three Members of the Division who
are voting and present, are appropriate for transfer to the Court
en banc;
(n) Cases that the Court en banc deems of sufficient importance
to merit its attention; and
(o) all matters involving policy decisions in the administrative
supervision of all courts and their personnel.
Section 4. Division cases. – All cases and matters under the
jurisdiction of the Court not otherwise provided for by law, by the Rules of
Court or by these Internal Rules to be cognizable by the Court en
banc shall be cognizable by the Divisions.
 All not included in Section are decided by the Supreme Court
Division!!!
Section 5. Composition and quorum of a Division. – Unless the Court en
banc decrees otherwise, a quorum shall consist of a majority of all
Members of the Division, and an absent or a non-participating regular
Member of a Division may be replaced at the request of the regular
Members by a Member designated from another Division in order to
constitute a quorum.
Section 6. Resolutions of motions for reconsideration or clarification of
an unsigned resolution or minute resolution. – Motions for reconsideration
or clarification of an unsigned resolution or a minute resolution shall be
acted upon by the regular Division to which the ponente belongs at the
time of the filling of the motion. The ponente is the Member to whom the
Court, after its deliberation on the merits of a case, assigns the writing of
its decision or resolution in the case.
Section 7. Resolutions of motions for reconsideration or clarification of
decisions or signed resolutions; creation of a Special Division. – Motions
for reconsideration or clarification of a decision or of a signed resolution
shall be acted upon by the ponente and the other Members of the
Division who participated in the rendition of the decision or signed
resolution.
If the ponente or a Member of the Division who participated in the
rendition of the decision or signed resolution has retired, is no longer a
Member of the Court, is disqualified, or has inhibited himself or herself
from acting on the motion for reconsideration, he or she shall be replaced
through raffle by a new ponente or Member. For this purpose, the
Division that rendered the decision or signed resolution, including the
replacement Member, shall be constituted as a Special Division and shall
thereafter act on the motion for reconsideration and all other pleadings,
motions, and incidents.
Section 8. Composition and reorganization of a division. – The
composition of each Division shall be based on seniority as follows:
(a) First Division – Chief Justice, the fourth in seniority as working
chairperson, the seventh in seniority, the tenth in seniority, and
the thirteenth in seniority.
(b) Second Division – the second in seniority as Chairperson, the
fifth in seniority, the eighth in seniority; the eleventh in seniority,
and the fourteenth in seniority.
(c) Third Division – the third in seniority as Chairperson, the sixth
in seniority, the ninth in seniority, the twelfth in seniority, and the
fifteenth in seniority.
The Chief Justice may, however, consider factors other than seniority in
Division assignments. The appointment of a new Member of the Court
shall necessitate the reorganization of Divisions at the call of the Chief
Justice.
Section 14. Per curiam decisions. – Unless otherwise requested by
the Member assigned to write the opinion of the Court, the decision or
resolution shall be rendered per curiam
(a) where the penalty imposed is dismissal from service,
disbarment, or indefinite suspension in administrative cases; or
(b) in any other case by agreement of the majority of the
Members or upon request of a Member.
 RULE 3
THE EXERCISE OF JUDICIAL FUNCTION
Section 1. The Supreme Court a court of law. – The Court is a court of
law. Its primary task is to resolve and decide cases and issues presented
by litigants according to law. However, it may apply equity where the
court is unable to arrive at a conclusion or judgment strictly on the basis
of law due to a gap, silence, obscurity or vagueness of the law that the
Court can still legitimately remedy, and the special circumstances of the
case.
Section 2. The Court not a trier of facts. – The Court is not a trier of
facts its role is to decide cases based on the findings of fact before it.
Where the Constitution, the law or the Court itself, in the exercise of its
discretion, decides to receive evidence, the reception of evidence may be
delegated to a member of the Court, to either the Clerk of Court or one of
the Division Clerks of Court, or to one of the appellate courts or its
justices who shall submit to the Court a report and recommendation on
the basis of the evidence presented.
Section 3. Advisory opinions proscribed. – The Court cannot issue
advisory opinions on the state and meaning of laws, or take cognizance
of moot and academic questions, subject only to notable exceptions
involving constitutional issues.
Section 6. Manner of adjudication. – The Court shall adjudicate
cases as follows:
Section 4. Cases when the Court may determine factual issues. – The
Court shall respect factual findings of lower courts, unless any of the
following situations is present:
(a) the conclusion is a finding grounded entirely on speculation,
surmise and conjecture;
(b) the inference made is manifestly mistaken;
(c) there is grave abuse of discretion;
(d) the judgment is based on a misapprehension of facts;
(e) the findings of fact are conflicting;
(f) the collegial appellate courts went beyond the issues of the
case, and their findings are contrary to the admissions of both
appellant and appellee;
(g) the findings of fact of the collegial appellate courts are
contrary to those of the trial court;
(h) said findings of fact are conclusions without citation specific
evidence on which they are based;
(i) the facts set forth in the petition as well as in the petitioner’s
main and reply briefs are not disputed by the respondents;
(j) the findings of fact of the collegial appellate courts are
premised on the supposed evidence, but are contradicted by the
evidence on record; and
(k) all other similar and exceptional cases warranting a review of
the lower courts’ findings of fact.
RULE 13
DECISION-MAKING PROCESS
(a) By decision, when the Court disposes of the case on its
merits and its rulings have significant doctrinal values; resolve
novel issues; or impact on the social, political, and economic life
of the nation. The decision shall state clearly and distinctly the
facts and the law on which it is based. It shall bear the signatures
of the members who took part in the deliberation.
(b) By signed resolution, when the Court comprehensively
resolves the motion for reconsideration filed in the case or when a
dissenting opinion is registered against such resolution. The
signed resolution shall no longer discuss issues resolved in the
decision and need not repeat the facts and the law stated in it. It
shall also bear the signatures of the Members who took part in
the deliberation.
 (c) By unsigned resolution when the Court disposes of the case
on the merits, but its ruling is essentially meaningful only to the
parties; has no significant doctrinal value; or is minimal interest to
the law profession, the academe, or the public. The resolution
shall state clearly and distinctly the facts and the law on which it
is based.

(d) By minute resolution when the Court (1) dismisses a petition

filed under Rule 64 or 65 of the Rules of Court, citing as legal
basis the failure of the petition to show that the tribunal, board or
officer exercising or quasi-judicial functions has acted without or
in excess of jurisdiction, or with grave abuse of discretion
amounting to lack or excess of jurisdiction; (2) denies petition filed
under Rule 45 of the said Rules, citing as legal basis the absence
of reversible error committed in the challenged decision,
resolution, or order of the court below; (3) Dismisses an
administrative complaint, citing as legal basis failure to show a
prima facie case against the respondent; (4) denies a motion for
reconsideration, citing as legal basis the absence of a compelling
or cogent reason to grant the motion, or the failure to raise any
substantial argument to support such motion; and (5) dismisses a
petition on technical grounds or deficiencies.

Section 7. Dissenting separate or concurring opinion. – A Member who

disagrees with the majority opinion, its conclusions, and the disposition of
the case may submit to the Chief Justice or Division Chairperson a
dissenting opinion, setting forth the reason for such dissent. A Member
who agrees with the result of the case, but based on different reason or
reasons may submit a separate opinion; a concurrence "in the result"
should state the reason for the qualified concurrence. A Member who
agrees with the main opinion, but opts to express other reasons for
concurrence may submit a concurring opinion. The dissenting, separate,
or concurring opinion must be within one week from the date the writer of
the majority opinion presents the decision for the signature of the
Members.

PUBLICATION OF THE DECISION OF THE SUPREME COURT

- Decision and signed resolution of the SC should be published
in Philippine Reports, except for unsigned and minute
resolution which is published in the Official Gazette
 STARE DECISIS Stare Decisis
- came from Common Law
2 LEGAL TRADITIONS - came from Roman Law
- exists on 950 A.D.
Common Law Civil Law o jurisprudence was applied even then
Governs No codified Codified o the decision of the court is applied not only on
parties but on any other courts
Binding Jurisprudence Civil code
Type Adversarial Inquisitorial  “Adherence to Precedents”
- look at a - judge is - once a case has been decided one way,
competition responsible in then another case, involving exactly the
between two collection of same point at issue, should be decided in
lawyers for pieces of the same manner
their client evidence and - this principle does not and should not apply
testimony of when there is a conflict between the
witnesses precedent and the law.
- Latin term: Stare decisis et non quieta
Lawyer’s Greater Limited
movere (Follow past precedents and do not
participation
disturb what has been settled)
Judge’s Limited Greater
participation
Decision JUDGE decision is S.C. decision is part of the  2 Strains of Stare Decisis
part of the law of the law of the land 1. Vertical Stare Decisis – deals with the duty of the
land lower courts to apply the decisions of the Supreme
Reading of It is a LIVING Its reading is a Court to cases involving the same fact
the Constitution TEXTUALLY Constitution - obligatory
Constitution - even if there - since there is no
is no mention provision in the 2. Horizontal Stare Decisis – requires that Supreme
in the constitution, there is Court must follow its precedents
constitution, no basis - Merely a policy
because it  2 Kinds of Horizontal Stare Decisis
evolves and 
adopts to the Constitutional S.D. Statutory S.D.
time Decision of S.C. with respect to Decision of S.C. with respect to
Countries United States Philippines, Latin Constitutional Statutes
Countries, New Orleans More FLEXIBLE – because what More INFLEXIBLE – in respect
should be used a s basis is the to the power of legislature; there
STARE DECISIS
Constitutional itself is a greater tendency that their
decision will not change
The S.C. is allowed to changed its mind in its Decision
- Stare Decisis is not controlled but they are
merely GUIDED by it
- The power to interpret the law should not be
SHACKLED
- Because there is a change of membership – the
opinion might have been changed, therefore
Stare Decisis is merely guided but they are not
controlled by it
Why there is Stare Decisis?
- To avoid arbitrary discretion in the courts
(By:Hamilton)
- It legitimizes judicial institution
- Promoted judicial economy
- It allows predictability
Economic advantage for Stare Decisis
1. Minimize judicial error
- When there is stare decisis (by looking the
decision of S.C.), you know that it is the decision
of S.C., then the judge is also correct
- FREE RIDING - - when you adopt the decision of
S.C., there will be more time to decide or docket
on other cases
2. Maximize public good
- It creates PREDICATBILITY - - when there is more
stare decisis, there are lesser litigation
- Because there is more stare decisis in every
aspect of life, the success rate will be obtained
3. Minimize judicial review cost
- Judges do not like their decision to be reversed,
since there is stare decisis, the likelihood of being
reversed in reduced
How to decide a case?
 Facts
 Applicable laws
 By comparing the decision with jurisprudence decided
by the Supreme Court
Planned Parenthood - - 4 PRONGED TEST
1. Intolerable
- Abandon stare decisis
2. Reliance
- do not change stare decisis
3. Change in facts
- abandon or modify stare decisis
4. Change in law
- abandon or modify stare decisis
(Lambino v. COMELEC v. Santiago v. COMELEC)
- Dissenting opinion of Justice Puno
 According to J. Puno, jurisprudence on Santiago v.
COMELEC should be abandon because it is
INTOLERABLE AVERATION (insufficient but not
declaring void
o In able to change the Constitution, there should
be people’s initiative
o There is no reliance because it killed the
people in amending the Constitution directly
o The facts of the law have changed too much - -
if not abandoning it but changing it by enacting
law
o No means on our country to compete globally
because of the OLD 1987 Constitution
DOCTRINE OF CONDONATION
- Invoked by a public officer who desires exculpation from
administrative liability because the act against him were co
mmitted during his previous term of office, and therefore,
invalid grounds for disciplining him during his subsequent
terms
Condonation
- Defined as “a victim’s express or implied forgiveness of
an offense by treating the offender as if there had been
no offense
Planned Parenthood - - 4 PROLONGED TEST
PASCUAL v. HON. PROVINCIAL BOARD OF NUEVA ECIJA
- Basis of Doctrine of Condonation
- In this case, it adopts the condonation doctrine that
originated form select US cases existing at that time
- it was a 1959 case decided under the 1935
Constitution, which dated provisions do not reflect the
experience of the Filipino People under the 1973 and
1987 Constitution
- therefore, it was decided within the context of the 1935
Constitution which was silent with respect to public
accountability, or of the nature of public office being a
public trust
Testing the Doctrine of Condonation based on Pascual’s
ratio decidendi:
1. The penalty of removal may not be extended
beyond the term in which the public officer was
elected for each term is separate and distinct
2. An elective official’s re-election serves as a
condonation of previous misconduct, thereby
cutting the right to remove him therefor
3. Courts may not deprive the electorate, who are
assumed to have known the life and character of
candidates, of their right to elect officers
Abandoning the Doctrine of Condonation by the Supreme
Court
- The Court simply finds no legal authority to sustain the
condonation doctrine in this jurisdiction. It was a
doctrine adopted from one class of US rulings way
back in 1959 and thus, out of touch from – and now
rendered obsolete by – the current legal regime.
- The Court’s abandonment of the condonation doctrine
should be prospective in application for the reason that
judicial decision applying or interpreting the laws or the
Constitution, until reversed, shall form part of the legal
system of the Philippines
1. Intolerable
- Abandon stare decisis
2. Reliance
- do not change stare decisis
3. Change in facts
- abandon or modify stare decisis
4. Change in law
- abandon or modify stare decisis
 There is a grave abuse because some of the crime during
the case of Pascual has not been published that is why the
people do not know it when they elect the public officers
 it has persisted as a defense of elective officials to escape
administrative liability
 The continued application of the condonation doctrine is
simply impermissible under the auspices of the
Constitution which explicitly mandates that public office is a
public trust and that public officials shall be accountable to
the people at all times
 It is not accurate to rely in the US cases for so long
 Section 40(b) of the Local Government Code precludes
condonation since in the first place, an elective official who
is meted with the penalty of removal could not be re-
 elected to an elective local position due to a direct
disqualification from running for such post.
WHAT MAY BE ALLEGED TO ABANDON FOR THE STARE
DECISIS (S.D.)
1. Disanalogies
- There is no application in your own case
- Nor fore square with your facts or issues
2. Plainly unreasonable
- Mistaken conception of the law;
- Misapplication of the law to the facts and no
injurious results would likely flow from a reversal of
it
3. The binding force of the decision was the actual principle
or principles necessary for the decision, not the words or
reasoning used to react the decision.
- Get only the spirit of the decision and not the
argument per se.
4. Overruled case
- Provided that there is a showing that the two
decisions are inconsistent
5. Isolated cases
- Single decision upon any given point of law if not
given same degree that a series of decision upon
that point would be
o It is only pro hac vice (only in this instance) -
it is only applicable to a particular case
6. Obiter dicta
- Said by the court on point not necessarily involved
in a case
- Precedent are those that are actually involved and
determine in the case. Pronouncement that make
the issue necessary
Supreme Court
- One who decide whether a stare decisis should be
applied or not
Omnibus Motion Rule
- It states that every and all defense as early as
possible, otherwise, it is considered as a waiver
- If you received a complaint, and you are asked to
prepare an answer for your client, raise as soon as
possible that the allegation that stare decisis should not
be applicable in this particular instance because of this
case in order to avoid the stare decisis
HIERARCHY OF LAW
Purpose of Knowing Hierarchy
- A researcher who is citing a higher law will win over a
provision of inferior law so that your argument will be
more persuasive
CONSTITUTION
Statutes, Treaties
Implementing Rules and Regulation
Jurisprudence
Constitution is SUPREME
- No branch may exercise its powers in a manner
inconsistent with the constitution
- This is even if based on the existence of any law that
supports such exercise
 - It cannot be trumped by any other law. All law must be
read in the light of the Constitution. Any law that is
inconsistent with it is a nullity
STATUTES
- Presumed to be constitutional
 Because it is in pursuit of the legislative powers
of the Congress
- Grounds to be declared unconstitutional:
a. Clear and equivocal repugnancy of the law
b. What the fundamental law condemns/prohibits the
statute to be done
c. Even for the attainment of public good, no infringement
of a constitutional rights is allowed
RULE 12 OF INTERNAL RULES OF SUPREME COURT
Section 1
- All decisions and actions of the Supreme Court En
Banc cases or Division cases shall be made upon
the concurrence of the majority if the Members
of the Court who actually took part in the
deliberation on the issue or issues involved and
voted on them
- It must be within the scope of the authority given by the
legislature
- Must be promulgated in accordance with the prescribed
procedure
- Must be reasonable
- Must not be ultra vires (beyond the authority) as to be issued
beyond limits of authority conferred
- Must not amend an act of Congress because they are not
solely intended to carry out, not to supplant…….
- May not enlarge, alters, or restricts provisions of the law
- Cannot EXTEND THE LAW
Relationship of Case Law to Statutes
- Statutes may be enacted to preempt earlier court decision to
close a loophole in the law made apparent by decisions of the
Supreme Court
- Clarifying the particular issue upon when there is a
disagreement
LAW
- it is enacted in establishing standards that allow individuals to
interact with greatest efficiency and at the least amount of conflict

Section 2(d) Public Law Private Law

- Where the Court en banc is equally divided in - Governs the relationship -
Governs the
opinion of the majority vote required by the between the State and its relationship between
Constitution for annulling any treaty, international functionaries and among citizens
or executive agreement, law, presidential decree, - Governs the legal manner - State’s participation is
proclamation, order, instruction, ordinance, or and the form in which such only to provide a forum
regulation cannot be had, the Court shall deliberate relationship is regulated for deciding contentious
on the case anew. issues
- If such deliberation still no decision is reached, EX: Constitutional law, EX: Civil Code of the
the Court shall deny the challenge to the Administrative law, Tax law, Criminal Philippines, Labor Law
constitutionally of the act. law – because the commission of the
crime caused chaos and destructs
peace and order
IMPLEMENTING RULES AND REGULATIONS
- Its regulation must be authorized by the legislature
 Substantive Law Procedural Law - 2 Kinds:
- Legal standards that - Method for enforcing a. Total Repeal
guide conduct and rights or obtaining - if the entire law has been repeal and loses
applied to determine redress for the invasion its validity
whether the conduct is of rights
appropriate b. Partial Repeal
EX: Family Code of the EX: Rules of Court, Procedural - only if a portion of the law is still exist
Philippines law, Adjective Law
Express repeal
- it is by virtue of a repealing clause found in the law,
Civil Law Criminal Law
where there must be express provision of what
- Governs the issues that - Establishes punishments
particular law or section of that aw is being
arise between parties to be imposed for the
repealed
over private rights commission of such acts
- A body of rules and
 the intention to repeal must be clear and manifested.
statutes that defines
conduct prohibited by the
 NO REPEALING CLAUSE shows that there was no
government
intention for the legislature to repeal any provision of
AMENDMENT law.
Express amendment  There is no express repeal if there is NO PROVISION
- Change or modification IDENTIFIED to be repealed
- Addition, deletion or alteration of statute Implied Repeal
- The statute survives in its amended form - even if there is no express repeal but the new law
- Take effect after publication is inconsistent and repugnant to the old law.
- NOT favored and NOT presumed, unless it is
Implied amendment manifested that the legislature so intended
- Enforced without nullifying the pertinent provision of
the latter, in which event, the prior act is deemed - WHY NOT FAVORED?
amended or modified to the extent of the  Because there is a presumption that
repugnancy the enactment of all laws by the
legislature is with knowledge with all
Construction of Amendment previous laws
- Read as a whole in connection with other sanctions
as if all had been enacting the same statute - WHEN THERE IS IMPLIED REPEAL?
- Unchanged portion continue in force with same  When there is irreconcilable
meaning and effect inconsistency with respect to the
subject matter
REPEAL  When the SC cannot harmonize or
- a part of plenary power of the Congress in enacting law reconcile the provisions of this new
laws
  When the subsequent law nullifies
the reason of existence of the
previous law

- 2 Categories:
1. Same subjects are in irreconcilable conflict
EXAMPLE:
Art.13, CC v. Sec.31, Ch.VIII, Book I of
A.O. 1987
2. Latter act covers the whole subject of the
earlier one

 Repeal by its very nature must be expressly seen in the intent

of the legislative because Implied repeal is NOT FAVORED
 has already been filed in the
BASIC REMEDIAL LAW PRINCIPLES RTC, then, it is now
EXCLUSIVE.
Memorandum of Authorities
Doctrine of Adherence of Jurisdiction
- Summary of laws cited and used as basis in any defense or - Once jurisdiction is vested in the particular court, it is
pleading, arranged according to topic that will bolster your
retained until the end of litigation.
case (mostly arranged through hierarchy of laws)
EX:
- Only contemplates Primary Legal Authorities – So there
if the case has been filed in the RTC, there
must be a listing of all laws that were used for a particular
is exclusion to all other courts even if it was at
subject matter that were discussed in the pleading the beginning of the in the beginning concurrent
jurisdiction
JURISDICTION
- Authority to trier and determine case Original Jurisdiction Appellate Jurisdiction
- Authority to hear and decide cases It is original jurisdiction wherein It is appellate jurisdiction
- If there is NO JURISDICTION or if a particular tribunal or court a case arises or where the wherein the case is being
does not have jurisdiction over a subject matter, it will be a original case has been filed reviewed
ground for a dismissal of a case for LACK of JURISDICTION
- It answers: WHAT COURT WILL TRIER THE CASE Quasi Court Special Court
Not court of justice empowered Judicial tribunal exercising
General Jurisdiction Special Jurisdiction by the Constitution or Statute to limited jurisdiction
Authority to determine all cases Can take cognizance od f hear and decide certain cases
pending before it either civil and special jurisdiction of a particular EX: EX:
criminal matter purpose or clothed with specials  All Administrative  Sandiganbayan (has
powers for the performance of Agencies exercising jurisdiction over graft and
specified duties quasi-judicial power like corrupt practices act by
EX: MTC and RTC (it will be EX: Family Court, Drugs Court, NLRC and Labor officer
determined bu the Judge who Commercial Court Arbiter (ER-EE rel.),  Court of Tax Appeals
will have the authority to have PRC (deciding cases (limited to cases
jurisdiction over the case pertaining to licenses pertaining to taxes
regulated by them, CSC
Exclusive Jurisdiction Concurrent Jurisdiction
It has jurisdiction over the They have jurisdiction over the
subject matter, subject to the subject matter and within the
exclusion of all others same authority or territory
CIVIL CASES
EX: MTC has exclusive EX: Petition for Certiorari may MTC RTC
jurisdiction over B.P. Blg. 22 and be filed in any court. When there Testate and intestate
Does not exceed P300,000 and
Ejectment Cases (Forcible entry is no case to be filed yet, the proceeding, value of
P300,000 (400K in above (400K in
and Unlawful detainer) in Civil jurisdiction that they exercise is personal property, and
Manila) Manila)
Case called CONCURRENT. BUT demand
when the Petition for certiorari Title to, possession of, Does not exceed P20,000 and
real property or any P20,000 (30K in above (30K in substantive sense which such powers are put into
interest therein the Manila) Manila) action
assessed the values
 Assessed value is vital to determine where the jurisdiction of HOW TO RESEARCH JURISDICTION: (EX: Nullity of Marriage)
the case 1. Look first at B.P. Blg. 129, Section 19 and 33,
2. File a law pertaining to the declaration of nullity
CRIMINAL CASES 3. Jurisdiction under Family Code of the Philippines
4. R.A. No. 8369 which governs which court has jurisdiction
MTC RTC
HOW TO DETERMINE VENUE:
City or Municipality Ordinances Others
1. Look at Rules of Court of Rule 14, Section 1
committed within the committed within
2. Find a rule pertaining to annulment
the respective territorial jurisdiction
3. AM No. 02-11-10-SC
Imprisonment not exceeding 6months Other
to 6 years
(Arresto Menor -> Prision Correccional) Prision Mayor and higher

How is Jurisdiction Determined? DOCKET FEE (Rule 141)

 Civil Cases: from the complained over the subject matter as
alleged in the complained or from the pleading
 Criminal Cases: from the nature of the crime and where the
crime committed as alleged in the Information
VENUE
- Answers the question: WHERE THE CASE SHOULD BE
FILED
- Only determined venue after the determination of
jurisdiction
 Criminal Cases: where the essential elements of the crime
should have taken place
EX: Theft – when it was committed in the Bus from Baguio to
Sagada, the venue must be from Baguio to Sagada
Jurisdiction Venue
Authority to hear and determine Place where the case is to be
cases heard or tried
Establishes the relationship Establishes the relationship
between the court and the between the complainant and
subject the defendant
Power of the court in a real and Refers to the procedure by
- It is the amount that you are going to pay in filing a case
 Criminal Case
- No filing fee
 Civil Case
- Docket fee is determined by fair market value of the
property and not the assessed value of the property
- In recovery of property, the minimum that will be paid is
P4,500
 A case is only deemed filed upon payment of the docket fee.
 In case of APPEAL, the period of appeal is only 15 days and
payment of Docket Fee should also be paid within 15 days.
ACTION
REAL ACTION
- Title to, possession of, real property (immovable) or any
interest therein
- EX:
 Recovery of ownership over a real property –
because it pertains to Title over Real Property
 - Venue: location of the property  Before evidence is presented
- Failure to state of a cause of action
 After evidence was presented
PERSONAL ACTION - Lack of cause of action
- All actions other than real action
- EX: 3 ELEMENTS OF CAUSE OF ACTION
 Recovery of Motorcycle Vehicle 1. RIGHT: A right in favor of the plaintiff by whatever
 Recovery of Possession (like: Forcible Entry; means and under whatever means and under whatever
Unlawful Detainer law it arise or is created
 Collection of Sum Money 2. OBLIGATION: an obligation on the part of the named
 Division of Property in the Marriage defendant to respect the plaintiff’s right
3. VIOLATION: an act or omission on the part of such
- Venue: where plaintiff resides or defendants resides or where defendant in violation of the right of the plaintiff
non-resident defendant may be found
EXAMPLE:
 A determination of whether or not action is real or personal LOAN
determines VENUE Right: to be paid the amount lend with interest

In Rem In Personam Obligation: to pay the amount loaned with interest

Action against the whole world Action against a specific person
EX: EX: Violation: non-payment
 Title Possession  Collection of Sum Money  Debtor Creditor = Unilateral
– because it is a
declaration against the  Lessor Lessee = Reciprocal
world that you are the
owner of the property LESSOR - LESSEE
 Change of Name Right: Lessor is allow to enjoy the use of the property
– because it is how you and to receive rent
are being referred to in
the entire world Obligation: Lessor allows the lessee to enjoy the property
within the lease contract
 In Rem & In Personam: come into play in respect to summons
and NOT on venue Violation: Lessor asked to vacate the property even if the
lessee paid the rent
CAUSE OF ACTION
- It is the act or omission by which a party violates a right of Lessee failed to pay the rent while enjoying to
another use the property

- Its absence will be a ground for dismissal of the case BIGAMOUS MARRIAGE
- READ the LAW in determining the cause of action Right: Right of the wife to be the only spouse
 - LEAST OF BURDEN OF PROOF
Obligation: The husband must not contract subsequent
marriage Probable Cause (SEARCH WARRANT)
- Requires such facts and circumstances that would lead a
Violation: The husband contracted a subsequent marriage reasonably prudent man to believe that the offense has
been committed and the objection in connection with that
ARTICLE 19 of the CIVIL CODE
Right: Right to be treated justly, treated in good faith offense are in the place to be search.
- Means of reasonable ground of suspicion
Obligation: Act with justice, give everyone his due, observe - NOT INCLUDED IN COMPARING THE KINDS OF
honesty and good faith BURDEN OF PROOF

Violation: Abuse of such right RELEVANCE: When you are making a decision on what
case is to be filed, the burden of proof will determine if it is
enough to be prosecuted under either Criminal Case, Civil
BURDEN OF PROOF Case, or Administrative Case
EXAMPLE: NON-INCLUSION OF CIVIL
Proof beyond reasonable doubt (CRIMINAL CASES)
- proved by the prosecution -- because it has the claim to have - In Criminal Case, this proof is not enough for a
the accused found guilty person to be convicted with graft and corruption,
- requires only moral certainty (not absolute certainty) on that because it might just a mere oversight
degree of proof which produces conviction in an unprejudiced - In Administrative Case, it is sufficient because the
mind burden of proof is lower. This proof can satisfy to
- when the evidence or an issue is in question, or there is doubt prosecute the person
on which side the evidence weighs, the doubt should be
resolved in favor of the accused
- in order to overcome the presumption of innocence.
PROCEDURE IN COURT
- MOST DIFFICULT and HIGHEST BURDEN OF PROOF
CIVIL CASE:
Preponderance of Evidence (CIVIL CASE) Filing of Complaint
- Synonymous with the term greater weight of the evidence I
o If the party has greater weight of the credible Summons
evidence, that party will win in any argument. I
- It is evidence which is more convincing to the court as Filing of Answers
worthy belief than that which is offered in opposition I
Setting of case for “Alternative dispute resolution”
Substantial Evidence (ADMINISTRATIVE CASE) - the parties come to an amicable settlement in order for the
- Relevant evidence which and reasonable mind might case to be terminated
accept as adequate to justify a conclusion I
 Pre-trial plus any additional responses to those papers that are
- it is a means of streamlining the hearing authorized by law
- parties will be stipulating certain fact - Ultimate Function: to purely define the issues of fact and
- the number of witnesses and documentary evidences is also law determined by the court
identified
I KINDS OF PLEADINGS:
Presentation of Evidence  Complaint
- called “trial” - Made by the person who is claiming
- it begins first with the plaintiff followed by the presentation of something or accusing someone of
evidence of the defendant something
- Alleges the cause of action and must be
Direct -- Cross Examination -- Redirect -- Re Cross Examination written with ultimate fact and not in
I conclusion of law (he raped me xxx)
Decision
- the decision is served to the lawyer or served to you  Answers
- Response of the person who was charged
with the commission or omission of
something
CRIMINAL CASE: - Denies the allegation of the complaint
Filing of Information - Puts forward the defense, if applicable
I
Arraignment and Pre-Trial  Counter-Claim
I - The plaintiff sue the defendant and within
Presentation of Evidence the same case, the defendant is now suing
I the plaintiff
Promulgation of Judgment - EX: breach of promise to marry
- the decision is announced in open court  Usually a counter-claim for damages

 Cross-Claim
PLEADINGS - Plaintiff v. Defendant 1&2  Def.1 v. Def.2
- The formal presentation of claims and defenses by - The defendant will sue another defendant
parties to a lawsuit.
- The specific paper by which the allegation of parties to a  Reply
lawsuit are presented in proper form; specifically, the - Filed by the plaintiff after a receive of the
complaints of a plaintiff and the answer of a defendant defendant’s answer
  Position Paper
- It is submitted after the end of presentation of
evidence and before the decision
- It can be turned as Memorandum wherein it will
now includes all allegations of facts as well as
the law on which your arguments is based on
- It is VITAL because it is you last attempt to
salvage your case if you are losing or to solidify
you case if you are winning.
- Final attempt to persuade the court before it
makes a decision
Part of Position Paper
 Prefatory Statement
 Statement of the Case
- Statement of what happened
after the filing of the complaint
 Statement of the Facts
- Gave rose to the particular
case
 Issues
- What will be the court resolving
 Arguments
- Inclusion on what will be the
law in basing your claim
 Prayer
- Starts the sentence with
“WHEREFORE” and not in
“IN CONCLUSION
ANOTHER KINDS OF PLEADINGS
EXTERNAL MEMORANDUM INTERNAL MEMORANDUM
- Those memo. submitted to - Those for the eyes of Counsel
other parties only or for the law firm and it
EX: Complaints, Answers, and contain research for defending
Position Paper the client
WHY: it is not for your own WHY: it is for your own
consumption but it is for the consumption
consumption of the other party
INTRNAL CONSISTENCY:
---- be objective
----be specific
----be complete
- there will be a discussion of
reasoning that once used to
arrive at a conclusion
- must be based on facts and
law
- used to persuade - primarily used to explain and
inform
- all those will make you - summarize the fruits of the
downplay those things that will legal research regardless of
perk you case and helpful to whether they helps or harm your
your side position
 In doing Internal Memorandum, there should be
compliance for IRAC
Issue
Rule
Application of the rule to the facts
Conclusion
- other way C.I.R.A.C. (the conclusion was already had)
PRACTICE OF LAW AS A PROFESSION
Requirements:
 The practice of law is not a right but a privilege bestowed by
the state upon those who show that they possess, and to
continue to possess, the qualifications required by law for
the conferment of such privilege
  A member of the bar should maintain high standard of legal - It is MANDATORY and BINDING
proficiency and your duty as a lawyer is not only on your
client but also a duty to the society, clients, courts and as Legislative:
well to toher lawyer 1. Statute
2. Joint Resolution
 Rule 15.05 (Code of Professional Responsibility): A lawyer 3. Concurrent Resolution
when advising his client shall give a candid and honest 4. Simple Resolution
opinion on the merits and probable results of the client case
Executive:
 Rule 18.03 (Code of Professional Responsibility): A lawyer 1. Implementing Rules and Regulations
shall not regulate a legal matter entrusted to him 2. Executive Order
3. Administrative Order
 B.M. 850, Oct. 2, 2001, SECTION 1: Purpose of Mandatory 4. Proclamation
Continuing Legal Education (MCLE) is required of members 5. Memorandum Circular
of the Integrated Bar to ensure that throughout their career, 6. Memorandum Order
they keep abreast with law and jurisprudence, maintain the 7. General/Special Order
ethics of the profession and enhance the standards of the 8. Treaty
practice of law 9. Executive or International Agreement

Judiciary:
AUTHORITIES and SOURCES 1. Decision or Jurisprudence
2. Signed Resolution
Legal Research 3. Rules promulgated
- Search for an authority that can be applied to give set of facts
and issues LGU:
- Identifying and retrieving information necessary to support 1. Ordinance
legal-decision making 2. Resolution
- Finding the law, knowing the law, applying the law to the fact,
in order to have a conclusion Constitution;
- PURPOSE: to promote competent representation and advice 1. Constitution
- Using different techniques for different kind of source

2. Secondary Authority
- Other than the primary legal authorities
AUTHORITIES - Does not have will and never have any binding
effect because they are merely Persuasive
1. Primary Authority - “they are NOT the law themselves”
- Law or statements of laws issued by government - EXAMPLE:
bodies such as the Excecutive, Legislative, Judiciary, 1. Law Review
and LGU 2. Law Journal
 3. Commentaries 2. Resolutions
4. Treatises and text
5. Opinion
6. Foreign Sources 2. Secondary Source
7. Annotations - Contains more than what the law is
8. Periodical Publication - Holds more that the primary legal authorities
- Helpful to locate primary sources of law, define
SOURCES OF LAW legal words and phrases
- It is where the primary legal authority is found EXAMPLES:
- It is NOT the same as the Legal Auhority 1. Law Review
2. Law Journals
KINDS: 3. Commentaries
1. Primary Source 4. Treatises and texts
- It is where the primary source can be found 5. Annotations
 Those found in Official Gazette: 6. Dictionaries
1. Constitution 7. Digest or Quick Index
2. Statutes
3. IRR
4. Selected Decision of the S.C. LEGAL RESARCH PROCESS
 Those found in Gov’t Websites: 1. Gathering the Facts
1. For internal procedures of administrative - Ascertain the sources of pertinent information
bodies EX: BREACH OF PROMISE TO MARRY
 People
 Those found in Local Gov’t Websites: : clients, witnesses to the event, victims,
1. For ordinances and resolutions of LGU persons to whom the witnesses and victims
have spoken to
 Those found in Newspapers:
1. Statutes  Tangible Evidence – physical evidences
2. IRR : Contracts or Documents
3. Ordinance
4. Resolutions  Books, Periodicals and Reports – facts
containing scientific, geographic, statistical,
 Those found in Philippine Reports and demographic, or miscellaneous information
S.C.JUDICIARY.GOV.PH: : Newspaper
1. Decisions
2. Signed Resolutions  Expert Witnesses – those in highly technical
3. Rules Promulgated areas
 Those found in Bulletin Board:
1. Ordinance
  5W & H – this ensures that all pertinent
questions will be asked, making it possible to
identify all the significant facts
: Who is the groom
: When it Happened
: How did you feel
: Where is the ceremony
: Why did he left you
: What are you filing

2. Analyzing the facts and Identifying the Legal Issues

- PROCEDURE:
 Define the issues broadly
 Think of specific problem relating to your
problem
 Synonymous or antonyms

T. A. R. P.
Thing involved
- Specific  General words
- Analogy that has similar legal consequence

Action
- Cause of action
- Defense to the action: what the other party’s claim to
defeat plaintiff’s claim

Relief sought
- What the plaintiff is seeking
EX: injunction, breach, recission, annulment

Parties or person
- Identifying the status of parties and their relationship to one
another

Places
- The specific location at which an event occurred
- Jurisdiction

TARP --------- identifying the -------------- Legal Issues