(Introduction To Law) Final Exam Reviewer
(Introduction To Law) Final Exam Reviewer
Law
1.
2.
(Broad Sense) Any rule of action or norm of conduct applicable to all kinds of action
and to all objects of creations. It includes all laws, whether they refer to state law,
physical law, divine law and others.
(Strict Legal Sense) A rule of conduct, just and obligatory, laid down by legitimate
authority for common observance and benefit.
Elements of Law:
1. It is a rule of conduct.
2. Law must be just.
3. It must be obligatory.
4. Laws must be prescribed by legitimate authority.
5. Laws must be ordained for the common benefit.
Classification of Law (refer to Book, page 2 - 3); I suggest to use the classification of laws
based on Statutory Construction by Atty. Sualog
Sources of Law (based from the Book)
a. Legislation
b. Precedent
c. Custom
d. Court Decision
CHAPTER II - WORLD'S LEGAL SYSTEM
(See text, page 6 - 14)
a. Roman Law
b. Angelican or Common Law
c. Mohammedan Law
CHAPTER III - LAW AND ITS APPLICATION
1.
2.
3.
4.
5.
When the law and its meaning is clear and unmistakable, there is no need to
interpret it any further;
When construction or interpretation is necessary, the court should interpret the law
according to the meaning the legislature intended to give it;
If there are two possible interpretations of a law, that which will achieve the ends
desired by Congress should be adopted;
Laws of pleading, practice and procedure are likely liberally construed in order to
promote their object and to assist the parties in obtaining just, speedy, and
inexpensive determination of every action and proceeding; and
In case of doubt in interpretation and application of laws and when all other rules of
statutory construction fail, it is presumed that the lawmaking body intended right
and justice to prevail.
b.
c.
d.
e.
f.
g.
h.
2.
Act as a Chairman
(a) All cases in which the constitutionality or validity of any treaty, international or executive
agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation
is in question.
(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty
imposed in relation thereto.
(c) All cases in which the jurisdiction of any lower court is in issue.
(d) All criminal cases in which the penalty imposed is reclusion perpetua or higher.
(e) All cases in which only an error or question of law is involved.
(3) Assign temporarily judges of lower courts to other stations as public interest may require.
Such temporary assignment shall not exceed six months without the consent of the judge
concerned.
(4) Order a change of venue or place of trial to avoid a miscarriage of justice.
(5) Promulgate rules concerning the protection and enforcement of constitutional rights,
pleading, practice, and procedure in all courts, the admission to the practice of law, the
Integrated Bar, and legal assistance to the underprivileged. Such rules shall provide a
simplified and inexpensive procedure for the speedy disposition of cases, shall be uniform for
all courts of the same grade, and shall not diminish, increase, or modify substantive rights.
Rules of procedure of special courts and quasi-judicial bodies shall remain effective unless
disapproved by the Supreme Court.
(6) Appoint all officials and employees of the Judiciary in accordance with the Civil Service
Law.
SECTION 6. The Supreme Court shall have administrative supervision over all courts and the
personnel thereof.
SECTION 7. (1) No person shall be appointed Member of the Supreme Court or any lower
collegiate court unless he is a natural-born citizen of the Philippines. A Member of the
Supreme Court must be at least forty years of age, and must have been for fifteen years or
more a judge of a lower court or engaged in the practice of law in the Philippines.
(2) The Congress shall prescribe the qualifications of judges of lower courts, but no person
may be appointed judge thereof unless he is a citizen of the Philippines and a member of the
Philippine Bar.
(3) A Member of the Judiciary must be a person of proven competence, integrity, probity, and
independence.
SECTION 8. (1) A Judicial and Bar Council is hereby created under the supervision of the
Supreme Court composed of the Chief Justice as ex officio Chairman, the Secretary of Justice,
and a representative of the Congress as ex officio Members, a representative of the Integrated
Bar, a professor of law, a retired Member of the Supreme Court, and a representative of the
private sector.
(2) The regular Members of the Council shall be appointed by the President for a term of four
years with the consent of the Commission on Appointments. Of the Members first appointed,
the representative of the Integrated Bar shall serve for four years, the professor of law for three
years, the retired Justice for two years, and the representative of the private sector for one year.
(3) The Clerk of the Supreme Court shall be the Secretary ex officio of the Council and shall
keep a record of its proceedings.
(4) The regular Members of the Council shall receive such emoluments as may be determined
by the Supreme Court. The Supreme Court shall provide in its annual budget the
appropriations for the Council.
(5) The Council shall have the principal function of recommending appointees to the Judiciary.
It may exercise such other functions and duties as the Supreme Court may assign to it.
SECTION 9. The Members of the Supreme Court and judges of lower courts shall be
appointed by the President from a list of at least three nominees prepared by the Judicial and
Bar Council for every vacancy. Such appointments need no confirmation.
For the lower courts, the President shall issue the appointments within ninety days from the
submission of the list.
SECTION 10. The salary of the Chief Justice and of the Associate Justices of the Supreme
Court, and of judges of lower courts shall be fixed by law. During their continuance in office,
their salary shall not be decreased.
SECTION 11. The Members of the Supreme Court and judges of lower courts shall hold
office during good behavior until they reached the age of seventy years or become
incapacitated to discharge the duties of their office. The Supreme Court en banc shall have the
power to discipline judges of lower courts, or order their dismissal by a vote of a majority of
the Members who actually took part in the deliberations on the issues in the case and voted
thereon.
SECTION 12. The Members of the Supreme Court and of other courts established by law
shall not be designated to any agency performing quasi-judicial or administrative functions.
SECTION 13. The conclusions of the Supreme Court in any case submitted to it for decision
en banc or in division shall be reached in consultation before the case is assigned to a Member
for the writing of the opinion of the Court. A certification to this effect signed by the Chief
Justice shall be issued and a copy thereof attached to the record of the case and served upon
the parties. Any Member who took no part, or dissented, or abstained from a decision or
resolution must state the reason therefor. The same requirements shall be observed by all
lower collegiate courts.
SECTION 14. No decision shall be rendered by any court without expressing therein clearly
and distinctly the facts and the law on which it is based.
No petition for review or motion for reconsideration of a decision of the court shall be refused
due course or denied without stating the legal basis therefor.
SECTION 15. (1) All cases or matters filed after the effectivity of this Constitution must be
decided or resolved within twenty-four months from date of submission for the Supreme
Court, and, unless reduced by the Supreme Court, twelve months for all lower collegiate
courts, and three months for all other lower courts.
(2) A case or matter shall be deemed submitted for decision or resolution upon the filing of the
last pending, brief, or memorandum required by the Rules of Court or by the court itself.
(3) Upon the expiration of the corresponding period, a certification to this effect signed by the
Chief Justice or the presiding judge shall forthwith be issued and a copy thereof attached to
the record of the case or matter, and served upon the parties. The certification shall state why a
decision or resolution has not been rendered or issued within said period.
(4) Despite the expiration of the applicable mandatory period, the court, without prejudice to
such responsibility as may have been incurred in consequence thereof, shall decide or resolve
the case or matter submitted thereto for determination, without further delay.
SECTION 16. The Supreme Court shall, within thirty days from the opening of each regular
session of the Congress, submit to the President and the Congress an annual report on the
operations and activities of the Judiciary.
1987 Constitution | Article VIII - Judicial Department
Summarized version
Sec. 1. JUDICIAL POWER
Scope:
1.
2.
Vested in the Supreme Court and such lower courts as may be established by law.
3.
Since the courts are given judicial power and nothing more, courts may neither
attempt to assume or be compelled to perform non-judicial functions. They may not
be charged with administrative functions except when reasonably incidental to the
fulfillment of their duties.
4.
In order that courts may exercise this power, there must exist the following:
The exercise of such power will bind the parties by virtue of the courts
application of existing laws.
5.
Judicial power cannot be exercised in vacuum. Without any laws from which rights
arise and which are violated, there can be no recourse to the courts.
6.
7.
a.
b.
The duty of the courts to settle actual controversies involving rights which are
legally demandable and enforceable; and
To determine whether or not there has been a grave abuse of discretion amounting
to lack or excess of jurisdiction on the part of any branch or instrumentality of the
government.
Political Questions:
a.
A political question is one the resolution of which has been vested by the
Constitution exclusively in either the people, in the exercise of their sovereign
capacity, or in which full discretionary authority has been delegated to a co-equal
branch of the Government.
b.
Thus, while courts can determine questions of legality with respect to governmental
action, they cannot review government policy and the wisdom thereof, for these
questions have been vested by the Constitution in the Executive and Legislative
Departments.
Defining enforceable and demandable rights and prescribing remedies for violations
of such rights; and
2.
Determining the court with jurisdiction to hear and decide controversies or disputes
arising from legal rights.
3.
Thus, Congress has the power to define, prescribe and apportion the jurisdiction of
various courts.
1.
2.
BUT, Congress cannot deprive the Supreme Court of its jurisdiction over
cases provided for in the Constitution.
Creation and abolition of courts:
1. The power to create courts implies the power to abolish and even reorganize courts.
2. BUT this power cannot be exercised in a manner which would
undermine the security of tenure of the judiciary.
3. If the abolition/re-organization is done in good faith and not for political
or personal reasons, then it is VALID. (same rule applies for civil
servants)
Note: The last four re the regular members of the JBC. Regular members are appointed by
the President with CA approval. Regular members serve for 4 years, with staggered terms.
B. Functions of JBC
1.
2.
President shall appoint from a list of at least 3 nominees for each vacancy, as
2.
3.
4.
Members of the SC and judges of the lower courts hold office during good behavior
until
a. The age of 70 years old; or
b. They become incapacitated to discharge their duties.
2.
3.
Removal of SC Justices:
a. Only by IMPEACHMENT.
b. Cannot be disbarred while they hold office.
En banc; or
Divisions of 3, 5, or 7.
2.
3.
d.
e.
f.
Instructions
Ordinances; and
Other regulations.
4.
5.
Cases where SC modifies or reverses a doctrine or principle of law laid down by the
SC en banc or by a division.
Administrative cases to discipline or dismiss judges of lower courts; and
Election contests for President and Vice-President.
6.
7.
Must be decided with the concurrence of a majority of the members who took part in
the deliberations and voted thereon.
Majority vote in a division should be at least 3 members.
Powers of the SC
1.
SC has APPELLATE jurisdiction over final judgments and orders in the following:
a.
b.
c.
d.
treaty
international or executive agreement
law
presidential decree
proclamation
order
instruction
ordinance, or
regulation;
tax
impost
assessment or
toll or
any penalty imposed in relation thereto;
e.
3.
and
All cases where ONLY errors or questions of law are involved.
Temporarily assign lower court judges to other stations in the public interest.
Note: Temporary assignment shall not exceed 6 months without the consent of the judge
concerned.
4.
5.
Exercise administrative supervision over ALL courts and the personnel thereof.
Reached in consultation before being assigned to a member for the writing of the
opinion.
2.
A certification to this effect must be signed by the Chief Justice and attached to the
record of the case and served upon the parties.
3.
Members of the SC who took no part, or who dissented or abstained must state the
reasons therefore.
Note: This procedure shall also be observed by all lower collegiate courts (CA, CTA, and the
Sandiganbayan).
JUDICIAL REVIEW
1.
2.
3.
Judicial Review is the power of the SC to declare a law, treaty, ordinance etc.
unconstitutional.
Lower courts may also exercise the power of judicial review, subject to the appellate
jurisdiction of the SC.
Only SC decisions are precedent, and thus, only SC decisions are binding on all.
Requisites:
1.
2.
3.
4.
5.
Decisions MUST state clearly and distinctly the facts and the law on which it is
based.
Refusal to give due course to petitions for review and motions for reconsideration
must state the legal basis for such refusal.
Memorandum decisions, where the appellate court adopts the findings of fact and
law of the lower court, are allowed as long as the decision adopted by reference is
attached to the Memorandum for easy reference.
These rules only apply to courts. They do not apply to quasi-judicial or
administrative bodies nor to military tribunals.