FIRST WEEK are all positively good for the person as a person-in-

community.
a. What is law defined by St. Thomas Aquinas?
Law (St. Thomas Aquinas) b. Define law (Sanchez Roman).
- "Law is an ordinance of reason promulgated by competent authority Law (Sanchez Roman)
for the sake of common good."
- “In a strict, legal sense, law is a rule of conduct, just and obligatory,
1. A just law is an ordinance of reason laid down by legitimate authority for common observance and
- a good law must be reasonable; it must be a product of benefit.”
careful and serious deliberation. For ex., the law against 1. It is a rule of conduct
driving under the influence of alcohol is based on concrete - laws serve as guides of an individual in relation to his
findings that alcohol consumption causes loss of control fellowmen and to his community.
and coordination. 2. Law must be just
2. A just law is properly promulgated - laws, as guides for human conduct, “should run as golden
threads through society, to the end that law may approach
- for a law to be effective, it must be clearly communicated
its supreme ideal which is the sway and dominance of
to all the people concerned. When a school or any justice.”
organization, for instance,enacts a new sets of policies,they 3. It must be obligatory
often provides students with handbook for them to know, - if laws are not enforced, the purpose for which they are
understand and follow these policies. intended will not be served.
3. A just law must be decreed by competent authority 4. Laws must be prescribed by legitimate authority
- Only persons with legitimate authority have the power to - if laws are not prescribed by legitimate authority, the
people could not be expected to observe them.
create and implement laws for their respective
communities. c. What are the sources of law?
4. A just law ought to be for the sake of common good
- First of all, it presupposes the promotion of and respect for Law is derived from different sources, namely: (1) legislation; (2)
the dignity and freedom of each person. Secondly, it should precedent; (3) custom; and (4) court decision.
foster the social well-being and authentic development of 1. Legislation
the community. Lastly, it should promote true and lasting - upper and lower house (the senate and the congress)
peace. 2. Precedent
- However, we know that not everything permitted by law is - stare decisis
considered morally good. An act is considered legal if it - the decisions of the court with competent jurisdiction shall
does not contradict any state law, while an act is considered be binding upon inferior courts
3. Custom
morally good if it it's nature, intention, and circumstances
 - Have the force of law only when they are acknowledged
and approved by society through long and uninterrupted
usage
4. Court Decisions
- judicial decisions which apply or interpret the Constitution
and the laws are part of the legal system in the Philippines
but they are not laws.
Doctrine of Stare Decisis
- to stand by things decided
- once a case has been decided one way, then another case
involving exactly the same question or point of law should
be decided in the same manner
d. Discuss the hierarchy of laws (Article 7, Republic Act No.
386 or the Civil Code of the Philippines).
The Constitution – supreme law of the land, it is the basic
paramount law to which all other law must conform and to which all
the persons, including the highest officials of the land must defer.
1. Constitution
- it was created by the sovereign people through the
ratification process
2. Statutes
- created by the congress
3. IRRs
- written by agencies in the Executive branch to put statute
into force
4. Jurisprudence
- citing a provision of a higher level of law will win over a
provision of an inferior law
Article 7 of the New Civil Code, RA 386:
- Law are repealed only by subsequent ones, and their
violation or non-observance shall not be excused by disuse
or custom or practice to the contrary.
- When the courts declared a law to be inconsistent with the
Constitution, the former shall be void and the latter shall
govern.
- Administrative or executive acts, orders and regulations
shall be valid only when they are not contrary to the laws
or the Constitution.
e. What are the parts of law? Explain each.
1. Title
- which expresses the subject matter of the law
2. Preamble
- that part of the statute following the title and preceding the
enacting clause which states the reasons or the objectives
of the enactment
3. Words, Phrases, and Sentences Context
- the meaning the law should, however, be taken from the
general consideration of the act as a whole and not from
any single part, portion or section or from isolated words
and phrases, clauses or sentences used
4. Punctuation
- It is an aid of low degree in interpreting the language of a
statute and can never control against the intelligible
meaning of the written word
5. Headings and Marginal Notes
- if the meaning of the statute is clear or if the text of the
statute is clear they will prevail as against the headings,
especially if the headings have been prepared by compilers
and not by legislature
6. Legislative Definition and Interpretation
- if the legislature has defined the words used in the statute
and has declared the construction to be placed thereon,
such definition or construction should be followed by the
courts.
f. Discuss In re: Jouaquin Borromeo
g. Discuss Department of Education Culture and Sports v.
San Diego
 SECOND WEEK l. Who are the citizens of the Philippines? (Section 1, Article
4 of the 1987 Constitution)
a. Discuss Section 1 of Article II of the 1987 Constitution. m. What are the three distinct modes of acquiring citizenship?
n. What is jus soli?
Section 1. The Philippines is a democratic and republican State. o. What is jus sangguinis?
Sovereignty resides in the people and all government authority p. What is naturalization?
emanates from them. q. Who are natural-born Filipino citizens?
r. Dicuss Tecson v. COMELEC
b. What does democratic and republican state mean? s. Discuss Poe-Llamanzares v. COMELEC
t. What is a citizenship reacquisition?
A republic by definition is a form of government where governing u. Examples of how Philippine citizenship is lost.
the country is a matter of public interest instead of the private concern v. Discuss Section 2 to 5 of Republic Act 9225
of a ruling dynasty that inherits its political power from their ancestors w. What is dual citizenship?
(monarchs). People in power get there through a system that is meant x. What is dual allegiance?
to include the interests of every citizen. y. Distinguish dual citizenship from dual allegiance?
A democracy is a type of government where all the citizens of the z. Discuss Mercado v. Manzano
country have a say in the governance of the country — typically by
majority vote to elect representatives who have their best interests in
mind.

c. What is a State?
Section 1. It is a community of persons who are permanently
occupying a definite portion of territory, independent of external
control and possessing an organized government to which the
great body of inhabitants render habitual obedience.
d. What are the elements of a State?

e. What is de jure government?

f. What is de facto government?
g. What is the ministrant (propriety) function of the
government?
h. What is the constituent (governmental) function of the
government?
i. Differentiate government and administration.
j. Discuss sovereignty
k. What is citizenship?
 THIRD WEEK
ARTICLE VI
The Legislative Department
a. Who exercises legislative power in the Philippines?
Section 1. The legislative power shall be vested in the Congress of the
Philippines which shall consist of a Senate and a House of
Representatives, except to the extent reserved to the people by the
provision on initiative and referendum.
b. What is legislative power?
It is the authority to make laws and to alter or repeal them.
c. What is bicameralism?
Advantages of Bicameralism
1. National perspective to check the parochial tendency of
representatives.
2. More careful study of legislation.
3. Less susceptible to control of the Executive.
4. Training ground for national leaders.
d. What is the composition of the Senate?
Section 2. The Senate shall be composed of twenty-four Senators who
shall be elected at large by the qualified voters of the Philippines, as
may be provided by law.
e. What are the qualifications of a Senator?
Section 3. No person shall be a Senator unless he is a natural-born
citizen of the Philippines and, on the day of the election, is at least
thirty-five years of age, able to read and write, a registered voter, and
a resident of the Philippines for not less than two years immediately
preceding the day of the election.
f. What is the term of office of the Senator?
Section 4. The term of office of the Senators shall be six years and
shall commence, unless otherwise provided by law, at noon on the
thirtieth day of June next following their election. No Senator shall
serve for more than two consecutive terms. Voluntary renunciation of
the office for any length of time shall not be considered as an
interruption in the continuity of his service for the full term of which
he was elected.
g. What is the composition of the House of Representatives?
Section 5. (1) The House of Representatives shall be composed of not
more than two hundred and fifty members, unless otherwise fixed by
law, who shall be elected from legislative districts apportioned among
the provinces, cities, and the Metropolitan Manila area in accordance
with the number of their respective inhabitants, and on the basis of a
uniform and progressive ratio, and those who, as provided by law,
shall be elected through a party-list system of registered national,
regional, and sectoral parties or organizations.
(2) The party-list representatives shall constitute twenty per centum of
the total number of representatives including those under the party list.
For three consecutive terms after the ratification of this Constitution,
one-half of the seats allocated to party-list representatives shall be
filled, as provided by law, by selection or election from the labor,
peasant, urban poor, indigenous cultural communities, women, youth,
and such other sectors as may be provided by law, except the religious
sector.
(3) Each legislative district shall comprise, as far as practicable,
contiguous, compact, and adjacent territory. Each city with a
population of at least two hundred fifty thousand, or each province,
shall have at least one representative.
(4) Within three years following the return of every census, the
Congress shall make a reapportionment of legislative districts based
on the standards provided in this section.
 h. What are the qualifications of a Representative?
Section 6. No person shall be a Member of the House of
Representatives unless he is a natural-born citizen of the Philippines
and, on the day of the election, is at least twenty-five years of age, able
to read and write, and, except the party-list representatives, a registered
voter in the district in which he shall be elected, and a resident thereof
for a period of not less than one year immediately preceding the day
of the election.
i. What is the term office of a Representative?
Section 7. The Members of the House of Representatives shall be
elected for a term of three years which shall begin, unless otherwise
provided by law, at noon on the thirtieth day of June next following
their election. No Member of the House of Representatives shall serve
for more than three consecutive terms. Voluntary renunciation of the
office for any length of time shall not be considered as an interruption
in the continuity of his service for the full term for which he was
elected.
j. Distinguish between sectoral representative and party-list
representative?
RA 7941
Section 3. Definition of Terms. (a) The party-list system is a
mechanism of proportional representation in the election of
representatives to the House of Representatives from national,
regional and sectoral parties or organizations or coalitions thereof
registered with the Commission on Elections (COMELEC).
Component parties or organizations of a coalition may participate
independently provided the coalition of which they form part does not
participate in the party-list system.
(b) A party means either a political party or a sectoral party or a
coalition of parties.
(c) A political party refers to an organized group of citizens advocating
an ideology or platform, principles and policies for the general conduct
of government and which, as the most immediate means of securing
their adoption, regularly nominates and supports certain of its leaders
and members as candidates for public office.
It is a national party when its constituency is spread over the
geographical territory of at least a majority of the regions. It is a
regional party when its constituency is spread over the geographical
territory of at least a majority of the cities and provinces comprising
the region.
(d) A sectoral party refers to an organized group of citizens belonging
to any of the sectors enumerated in Section 5 hereof whose principal
advocacy pertains to the special interest and concerns of their sector,
(e) A sectoral organization refers to a group of citizens or a coalition
of groups of citizens who share similar physical attributes or
characteristics, employment, interests or concerns.
(f) A coalition refers to an aggrupation of duly registered national,
regional, sectoral parties or organizations for political and/or election
purposes.
k. How does a bill become a law? Include override of
presidential veto.
1. PREPARATION OF THE BILL
The Member or the Bill Drafting Division of the Reference and
Research Bureau prepares and drafts the bill upon the Member's
request.
2. FIRST READING
The bill is filed with the Bills and Index Service and the same is
numbered and reproduced.
Three days after its filing, the same is included in the Order of
Business for First Reading.
On First Reading, the Secretary General reads the title and number of count by tellers
the bill. The Speaker refers the bill to the appropriate Committee/s.
division of the House; or
3. COMMITTEE CONSIDERATION/ACTION
nominal voting
The Committee where the bill was referred to evaluates it to determine
5. THIRD READING
the necessity of conducting public hearings.
If the Committee finds it necessary to conduct public hearings, it The amendments, if any, are engrossed and printed copies of the bill
schedules the time thereof, issues public notics and invites resource are reproduced for Third Reading.
persons from the public and private sectors, the academe and experts
on the proposed legislation. The engrossed bill is included in the Calendar of Bills for Third
If the Committee finds that no public hearing is not needed, it Reading and copies of the same are distributed to all the Members
schedules the bill for Committee discussion/s. three days before its Third Reading.

Based on the result of the public hearings or Committee discussions,
the Committee may introduce amendments, consolidate bills on the
same subject matter, or propose a subsitute bill. It then prepares the
corresponding committee report.
The Committee approves the Committee Report and formally
transmits the same to the Plenary Affairs Bureau.
4. SECOND READING
On Third Reading, the Secretary General reads only the number and
title of the bill.
A roll call or nominal voting is called and a Member, if he desires, is
given three minutes to explain his vote. No amendment on the bill is
allowed at this stage.
The bill is approved by an affirmative vote of a majority of the
Members present.

The Committee Report is registered and numbered by the Bills and
Index Service. It is included in the Order of Business and referred to
the Committee on Rules.
The Committee on Rules schedules the bill for consideration on
Second Reading.
If the bill is disapproved, the same is transmitted to the Archives.
6. TRANSMITTAL OF THE APPROVED BILL TO THE SENATE
The approved bill is transmitted to the Senate for its concurrence.
7. SENATE ACTION ON APPROVED BILL OF THE HOUSE

On Second Reading, the Secretary General reads the number, title and The bill undergoes the same legislative process in the Senate.
text of the bill and the following takes place: 8. CONFERENCE COMMITTEE
Period of Sponsorship and Debate A Conference Committee is constituted and is composed of Members
Period of Amendments from each House of Congress to settle, reconcile or thresh out
differences or disagreements on any provision of the bill.
Voting which may be by:
viva voce
The conferees are not limited to reconciling the differences in the bill
but may introduce new provisions germane to the subject matter or
may report out an entirely new bill on the subject.
The Conference Committee prepares a report to be signed by all the
conferees and the Chairman.
The Conference Committee Report is submitted for
consideration/approval of both Houses. No amendment is allowed.
9. TRANSMITTAL OF THE BILL TO THE PRESIDENT
Copies of the bill, signed by the Senate President and the Speaker of
the House of Representatives and certified by both the Secretary of the
Senate and the Secretary General of the House, are transmitted to the
President.
10. PRESIDENTIAL ACTION ON THE BILL
If the bill is approved the President, the same is assigned an RA
number and transmitted to the House where it originated.
If the bill is vetoed, the same, together with a message citing the reason
for the veto, is transmitted to the House where the bill originated.
11. ACTION ON APPROVED BIL
The bill is reproduced and copies are sent to the Official Gasette Office
for publication and distribution to the implementing agencies. It is then
included in the annual compilation of Acts and Resolutions.
12. ACTION ON VETOED BILL
The message is included in the Order of Business. If the Congress
decides to override the veto, the House and the Senate shall proceed
separately to reconsider the bill or the vetoed items of the bill. If the
bill or its vetoed items is passed by a vote of two-thirds of the Members
of each House, such bill or items shall become a law.
l. What bills must originate from the House of
Representatives?
SECTION 24. All appropriation, revenue or tariff bills, bills
authorizing increase of the public debt, bills of local application, and
private bills shall originate exclusively in the House of
Representatives, but the Senate may propose or concur with
amendments.
m. How may money be paid out from the Treasury.
SECTION 29. (1) No money shall be paid out of the Treasury except
in pursuance of an appropriation made by law.
(2) No public money or property shall be appropriated, applied, paid,
or employed, directly or indirectly, for the use, benefit, or support of
any sect, church, denomination, sectarian institution, or system of
religion, or of any priest, preacher, minister, or other religious teacher,
or dignitary as such, except when such priest, preacher, minister, or
dignitary is assigned to the armed forces, or to any penal institution, or
government orphanage or leprosarium.
(3) All money collected on any tax levied for a special purpose shall
be treated as a special fund and paid out for such purpose only. If the
purpose for which a special fund was created has been fulfilled or
abandoned, the balance, if any, shall be transferred to the general funds
of the Government.
n. Discuss Bagabuyo v. COMELEC
o. Discuss Romualdez-Marcos v. COMELEC
p. Discuss Tolentino v. Secretary of Finance
q. Discuss Araullo v. Aquino III
 FOURTH WEEK
ARTICLE VII
Executive Department
a. What is executive power?
It carries out laws. It is composed of the President and the Vice
President who are elected by direct popular vote and serve a term of
six years. The Constitution grants the President authority to appoint
his Cabinet. These departments form a large portion of the country’s
bureaucracy.
b. To whom is executive power vested?
Section 1. The executive power shall be vested in the President of the
Philippines.
c. What are the qualifications to be elected President?
Section 2. No person may be elected President unless he is a natural-
born citizen of the Philippines, a registered voter, able to read and
write, at least forty years of age on the day of the election, and a
resident of the Philippines for at least ten years immediately preceding
such election.
d. What are the qualifications to be elected Vice-President?
Section 3. There shall be a Vice-President who shall have the same
qualifications and term of office and be elected with, and in the same
manner, as the President. He may be removed from office in the same
manner as the President.
a. How are the President and the Vice-President elected?
What is the term of office of the President and the Vice-
President?
Section 4. The President and the Vice-President shall be elected by
direct vote of the people for a term of six years which shall begin at
noon on the thirtieth day of June next following the day of the election
and shall end at noon of the same date, six years thereafter. The
President shall not be eligible for any re-election. No person who has
succeeded as President and has served as such for more than four years
shall be qualified for election to the same office at any time.
No Vice-President shall serve for more than two successive terms.
Voluntary renunciation of the office for any length of time shall not be
considered as an interruption in the continuity of the service for the
full term for which he was elected.
b. How if the vacancy in the Office of the President filled when
it occurs after a Vice-President has taken the oath of office?
Section 8. In case of death, permanent disability, removal from office,
or resignation of the President, the Vice-President shall become the
President to serve the unexpired term. In case of death, permanent
disability, removal from office, or resignation of both the President
and Vice-President, the President of the Senate or, in case of his
inability, the Speaker of the House of Representatives, shall then act
as President until the President or Vice-President shall have been
elected and qualified.
The Congress shall, by law, provide who shall serve as President in
case of death, permanent disability, or resignation of the Acting
President. He shall serve until the President or the Vice-President shall
have been elected and qualified, and be subject to the same restrictions
of powers and disqualifications as the Acting President.
c. How is the vacancy in the Office of the Vice-President filled
whenever the Vice-President is unable to serve the term for
which he was elected?
Section 9. Whenever there is a vacancy in the Office of the Vice-
President during the term for which he was elected, the President shall
nominate a Vice-President from among the Members of the Senate and
the House of Representatives who shall assume office upon
confirmation by a majority vote of all the Members of both Houses of The Congress, if not in session, shall, within twenty-four hours
the Congress, voting separately. following such proclamation or suspension, convene in accordance
with its rules without need of a call.
d. What is a midnight appointment?
The Supreme Court may review, in an appropriate proceeding filed by
Midnight appointment is defined as an appointment to political office any citizen, the sufficiency of the factual basis of the proclamation of
made during the last hours of the term of office of the person in whom martial law or the suspension of the privilege of the writ of habeas
the right of making such appointment is vested. The court has decided corpus or the extension thereof, and must promulgate its decision
long line of cases involving midnight appointments anchored on the thereon within thirty days from its filing.
prohibition under the 1987 Philippine Constitution, which covers only
the President or the acting President. A state of martial law does not suspend the operation of the
Constitution, nor supplant the functioning of the civil courts or
Section 15. Two months immediately before the next presidential legislative assemblies, nor authorize the conferment of jurisdiction on
elections and up to the end of his term, a President or Acting President military courts and agencies over civilians where civil courts are able
shall not make appointments, except temporary appointments to to function, nor automatically suspend the privilege of the writ
executive positions when continued vacancies therein will prejudice of habeas corpus.
public service or endanger public safety.
The suspension of the privilege of the writ of habeas corpus shall
e. Discuss the calling out power of the President. apply only to persons judicially charged for rebellion or offenses
Section 18. The President shall be the Commander-in-Chief of all inherent in, or directly connected with, invasion.
armed forces of the Philippines and whenever it becomes necessary, During the suspension of the privilege of the writ of habeas corpus,
he may call out such armed forces to prevent or suppress lawless any person thus arrested or detained shall be judicially charged within
violence, invasion or rebellion. In case of invasion or rebellion, when three days, otherwise he shall be released.
the public safety requires it, he may, for a period not exceeding sixty
days, suspend the privilege of the writ of habeas corpus or place the f. Discuss De Castro v. JBC
Philippines or any part thereof under martial law. Within forty-eight
hours from the proclamation of martial law or the suspension of the
privilege of the writ of habeas corpus, the President shall submit a
report in person or in writing to the Congress. The Congress, voting
jointly, by a vote of at least a majority of all its Members in regular or
special session, may revoke such proclamation or suspension, which
revocation shall not be set aside by the President. Upon the initiative
of the President, the Congress may, in the same manner, extend such
proclamation or suspension for a period to be determined by the
Congress, if the invasion or rebellion shall persist and public safety
requires it.
 FIFTH WEEK d. What are the inferior courts created by law?
ARTICLE VIII
a) Court of Appeals
JUDICIAL POWER b) Sandiganbayan
c) Court of Tax Appeals
a. What is judicial power? d) Regional Trial Courts
Judicial power rests with the Supreme Court and the lower courts, as e) Metropolitan Trial Courts
established by law (Art. VIII, sec. 1 of the 1987 Constitution). Its duty f) Municipal Trial Courts in Cities
is to settle actual controversies involving rights which are legally g) Municipal Trial Courts
demandable and enforceable (Art. VIII Sec. 1 (2)). h) Municipal Circuit Trial Courts
i) Shari'a District Courts
The judiciary enjoys fiscal autonomy. Its appropriation may not be j) Shari'a Circuit Courts
reduced by the Legislature below the appropriated amount the
previous year (Art. VIII, Sec. 3). e. What is the composition of the Supreme Court? What
b. What is grave abuse of discretion? cases must be heard en banc?

Amounting to lack or excess of jurisdiction.
Grave abuse of discretion is also defined as capricious or whimsical
exercise of judgment as is equivalent to lack of jurisdiction. The abuse
of discretion must be patent and gross as to amount to an evasion of a
positive duty or a virtual refusal to perform a duty enjoined by law, or
to act at all in contemplation of law, as where the power is exercised
in an arbitrary and despotic manner by reason of passion and hostility.
c. Who wields judicial power?
Section 1. The judicial power shall be vested in one Supreme Court
and in such 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
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.
Section 4. (1) The Supreme Court shall be composed of a Chief Justice
and fourteen Associate Justices. It may sit en banc or in its discretion,
in division of three, five, or seven Members. Any vacancy shall be
filled within ninety days from the occurrence thereof.
(2) All cases involving the constitutionality of a treaty, international
or executive agreement, or law, which shall be heard by the Supreme
Court en banc, and all other cases which under the Rules of Court are
required to be heard en banc, including those involving the
constitutionality, application, or operation of presidential decrees,
proclamations, orders, instructions, ordinances, and other regulations,
shall be decided with the concurrence of a majority of the Members
who actually took part in the deliberations on the issues in the case and
voted thereon.
(3) Cases or matters heard by a division shall be decided or resolved
with the concurrence of a majority of the Members who actually took
part in the deliberations on the issues in the case and voted thereon,
and in no case without the concurrence of at least three of such
Members. When the required number is not obtained, the case shall be
decided en banc: Provided, that no doctrine or principle of law laid
down by the court in a decision rendered en banc or in division may
be modified or reversed except by the court sitting en banc.
f. What are the powers of the Supreme Court? What is the
power of judicial review? What is integration of the bar?
Section 5. The Supreme Court shall have the following powers:
(1) Exercise original jurisdiction over cases affecting ambassadors,
other public ministers and consuls, and over petitions for certiorari,
prohibition, mandamus, quo warranto, and habeas corpus.
(2) Review, revise, reverse, modify, or affirm on appeal or certiorari,
as the law or the Rules of Court may provide, final judgments and
orders of lower courts in:
(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.
g. What are the qualifications to be a member of the
Supreme Court?
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.
h. What is the Judicial and Bar Council?
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 incurred in consequence thereof, shall decide or resolve the case or
three years, the retired Justice for two years, and the representative of matter submitted thereto for determination, without further delay.
the private sector for one year.
j. Discuss Republic of the Philippines v. Sereno
(3) The Clerk of the Supreme Court shall be the Secretary ex officio of
the Council and shall keep a record of its proceedings. k. Discuss Firestone Ceramics v. Court of Appeals
(4) The regular Members of the Council shall receive such
emoluments as may be determined by the Supreme Court. The l. Discuss In re Atty. Marcial Edillon
Supreme Court shall provide in its annual budget the appropriations
for the Council.
m. Discuss Sebreno v. Court of Appeals
(5) The Council shall have the principal function of recommending
appointees to the Judiciary. It may exercise such other functions and n. Discuss In re Complaint Against Justice Elvi John S.
duties as the Supreme Court may assign to it. Asuncion
i. What are the periods for deciding cases or resolving
matters?
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 pleading, 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
 SIXTH WEEK AND SEVENTH WEEK
a. What is labor law?
Those laws that govern the rights and obligations of employee and
employees, providing as well for the rules by which such rights and
obligations may be enforced.
b. What is the main source of Philippine labor law?
The Labor Code was enacted on May 1, 1974, Labor Day, by
Ferdinand Marcos exercising legislative power. It took effect six
months later on November 1, 1974.
c. What is the purpose of the Labor Code (PD No. 442, as
amended)?
A DEGREE INSTITUTING A LABOR CODE THEREBY
REVISING AND CONSOLIDATING LABOR AND SOCIAL
LAWS TO AFFORD PROTECTION TO LABOR, PROMOTE
EMPLOYMENT AND HUMAN RESOURCES DEVELOPMENT
AND INSURE INDUSTRIAL PEACE BASED ON SOCIAL
JUSTICE.
d. Memorize and discuss Section 3 of Article XIII of the
Labor Code
(c) “Private free-charging employment agency” means any person or
entity engaged in the recruitment and placement of workers for a fee
which is charged, directly or indirectly, from the workers for or
employees or both.
e. Define labor standards.
Refers to the minimum requirements prescribed by existing laws,
rules and regulations relating to wages, hours of work, cost of living
allowance and other monetary and welfare benefits, including
occupational, safety and health standards,
f. Define labor relations.
Refers to laws, rules and regulations which govern the relationship
between employees and their employers, promote the right of the
employees to self-organization and collective bargaining, penalize
unfair labor practice, and provide modes for the settlement of labor
disputes such as conciliation, mediation, grievance machinery,
voluntary arbitration and compulsory arbitration.
g. Who is an employer?
Any person, natural or judicial, domestic, or foreign who carries
into the Philippines any trade, business, industry, undertaking or
activity of any kind and uses the services of another person who is
under his orders as regards the employment.
h. Who is an employee?
1) Performs services for an employer which either or both
mental and physical efforts are used.
2) Who receives compensation for such services.
3) There is an employer-employee relationship.
i. What are the four elements to determine employer-
employee relationship?
1) the selection of the employee;
2) the payment of wages;
3) the power of dismissal; and
4) the power to control the employees conduct, with the control
test being the most crucial or generally assuming primacy in
the overall consideration.
 j. What is the control test?
When the employer controls or has reserved the right to control the
employee not only has to work done, but also as to the means and
methods by which the same is accomplished, there is an employer-
employee relationship. On the other hand, when a person who works
with another perform his job mere or less at his own pleasure, in a
manner he sees fit, not subject to definite hours or conditions of work,
and is accomplished according to the result of his efforts and not the
amount thereof, no employer-employee relationship exists.

k. Discus Sonza v. ABS-CBN Broadcasting Corp.