Professional Documents
Culture Documents
Our system of democracy is committed irrevocably to a government of laws, and not of men. Laws
give witness to societys moral values and are the depositories of what the sovereign as a whole
has agreed to uphold as the minimum standards of conduct that will govern relationships and
transactions within that society. In a representative democracy, the Filipino people, through their
elected representatives, deliberate, distill and make moral judgments, which are crystallized into
written laws that are made public, accessible and binding to all. Perhaps no characteristic of an
organized and cohesive society is more fundamental than its erection and enforcement of a system
of rules defining the various rights and duties of its members, enabling them to govern their affairs
and definitively settle their differences in an orderly, predictable manner.
Obedience to the rule of law forms the bedrock of our system of justice. Once the sovereign
peoples soft moral choices are hardened through the constitutionally mandated legislative
process, statutory laws perform an equalizing function of imposing a knowable standard of conduct
or behavior to which all members of society must conform to a social contract which everyone
regardless of class, sex or religion is bound.
exercised by
Pres. Marcos
through PDs.
LOIs, AOs, and
GOs
1935
1916
Philippine
Constitution
as amended
in 1976 Unicameral
Batasang
Pambansa
BP Blg XXX
1987
Proclamation
1081
(Martial
Law) Legislative
Authority
Bicameral
Senate and
House of
Representati
ves
1973
1907
Philippine
Constitution
bicameral
Senate and
House of
Representativ
es
RA XXX
Bicameral
Philippine
Commissio
n (upper,
appointed)
and
Philippine
Assembly
(lower,
elected)
1972
1946
1898
Unicameral
Malolos
Congress
Commonwe
alth
Constitutio
n:
Unicameral
National
Assembly
CA No. XXX
New (and
current)
Philippine
Constitution
RA XXX (Year)
C. Prospective in Application
D. Of General Observance
For the benefit of, and obligatory upon, all or all members of a particular class
with valid classification.
III.
Laws are repealed only by subsequent ones, and their violation or nonobservance shall not be excused by disuse, or custom, or practice to the
contrary.
Classification of Laws
A. Substantive or Procedural
Substantive Law
o One which creates, defines, or regulates rights concerning life, liberty or
property; or one that gives rise to a cause of action
o i.e. Civil Code
Procedural Law
o Provides for the method and steps to be followed by which substantive
rights are enforced in courts of justice
o i.e. Rules of Court
B. Civil or Criminal
Civil Law
o Regulates the relationship between individuals; involves private interests
i.e. Family law (support case); Contracts (lease); Property (sales)
Officially commenced by a COMPLAINT
IV.
Criminal Law
o Defines crimes and provides for their punishment; offense against society
i.e. Crimes against public interest (forgeries); Crimes against
property (robbery); Crimes against persons (rape)
Criminal Procedure applies
People of the Philippines vs. Accused
Sources/Hierarchy of Laws
Constitution
Congressional Legislation
or Statute
Administrative Regulations
Municipal Ordinances
Judicial Decisions
A. Constitution
o
o
o
C. Administrative Regulations
D. Municipal Ordinances
E. Judicial Decisions
Jurisprudence
o Judicial decisions applying or interpreting the laws or the Constitution
shall form a part of the legal system of the Philippines
o Supreme Court is the court of last resort, and is always right
V. Legal Principles
1. Laws relating to family rights and duties, or to the status, condition and legal
capacity of persons are binding upon citizens of the Philippines, even though living
abroad.
2. Penal laws and those of public security and safety shall be obligatory upon all who
live or sojourn in Philippine territory, subject to the principles of international law and
treaty stipulations
* exception to Philippine Territory: Embassies, EPZs (Export Processing Zone)
i.e. Traffic Rules & Regulations
3. Any person who willfully causes loss or injury to another in a manner that us contrary
to morals, good customs or public policy shall compensate the latter for the damage.
* Moral damages is, by itself, a Cause of Action
4. Rights may be waived, unless the waiver is contrary to law, public order, public policy,
morals or good customs, or prejudicial to a third person with a right recognized by law.
* the waiver of future rights is not allowed, only rights at present and in the past
5. No person shall be imprisoned for non-payment of debt or poll tax
6. No person shall be held to answer for a criminal offense without due process of law
* Due Process is a fundamental right protected by the constitution
7. When the laws speak of years, months, days or nights, it shall be understood that
years are of three hundred sixty-five days each; months of thirty days; days of
twenty-four hours; and nights from sunsets to sunrise.
1 year
1 month
1 day
1 night
If months are designated by their name, they shall be computed by the number of days
which they respectively have. (i.e. February = 28 days)
In computing a period, the first days shall be excluded and the last day included.
i.e.
Payment due 60 days from January 1.
Counting starts January 2.
Payment is due March 1.
VI.
Legal Terms
1. Cause of Action
The right to bring suit
o The legal right of the plaintiff
o Correlative obligation of defendant
o Act or omission of the defendant in violation of said legal right
o Remedy under the law
2. MeTC / MTC / MTCC / MCTC First Level Courts
MeTC Metropolitan Trial Court
MTC Municipal Trial Court
MTCC Municipal Trial Court in Cities
MCTC Municipal Circuit Trial Court
3. RTC / CA / SC
RTC Regional Trial Court
CA Court of Appeals
SC Supreme Court
8. Venue
Territory or place where case is filed
o
o
Civil cases where the plaintiff or defendant resides, at the option orf the
plaintiff; may be subject to agreement; may be waived
Criminal cases where any of the elements of a crime was committed;
cannot be waived
9. Jurisprudence
Case law; The body of decisions rendered by the Supreme Court; considered
part of the law of the land
10. Pleading
Written allegations of a party of his claims and defenses
11. Complaint in Civil Procedure
Initiatory pleading; states the cause of action; determines jurisdiction
12. Complaint in Criminal Procedure
Complaint filed by the offended party before a prosecutor or fiscal; may be a
complaint-affidavit or may take the form of a statement given to the police
13. Information
An accusation in writing charging a person with an offense, filed by a prosecutor
in court
14. Petition for Certiorari, Prohibition and Mandamus
Assails the jurisdiction of the court or office, not just the correctness of an action
or decision
o Certiorari a writ or order by which a higher court reviews the decision
of a lower court
o Prohibition An order from a superior court to a lower court or tribunal
directing the judge and the parties to cease the litigation because the
lower court does not have proper jurisdiction to hear or determine the
matters before it
o Mandamus An order from a court to an inferior government official
ordering the government official to properly fulfill their official duties or
correct an abuse of discretion
15. Motion
A formal proposal or application for an order not included in a judgment
16. Testimonial and Documentary Evidence
That which directly or indirectly proves a question of fact, either by oral or written
evidence
17. Judicial / Extrajudicial / Quasi-Judicial
Judicial before a court
Extrajudicial outside of court
Quasi-judicial before an administration agency exercising jurisdiction to
resolve cases