CHAPTER 5

CASE LAW

WHAT IS A CASE LAW?

These are second major category of
primary
sources of law in the Philippines after
the statutes .

How it differs from a statute

These are derived from judicial
authorities of the State while
statutes are derived from the
lawmaking agencies of the
government.

Case Law are divided into :

Decision Proper
Subordinate
Decisions

Decision Proper includes the ff

a. Decisions
b. Decisions
Appeals
c. Decisions
d. Decisions
Appeals
e. Decisions
Courts
f. Decisions

of the Supreme Court

of the Court of
of the Sandiganbayan
of the Court of Tax
of the Regional Trial
of the Metropolitan

The
Philippine
Judicial
1. PRE-SPANISH
PERIOD
2. SPANISH PERIOD
System
3. THE AMERICAN PERIOD
4. THE JUDICIAL SYSTEM
AT PRESENT

PRE-SPANISH PERIOD
In resolving disputes the court is
composed of the chieftain as a
judge and the barangay elders as
jury
Trials were held in public ,the
accusers and the accused faced
each other with respective
witnesses.
Oath May the crocodile devour me
if I tell any false hood
Disputants begin presenting their

SPANISH PERIOD
Sep 10,1519 the Great Portuguese
ferdinand Magellan
The administration of justice of the
Philippines have 5 components:
1.the law
2. the Judiciary (which
included both ordinary and special
courts and the prosecution)
3.the Law enforcement Agencies
4.the Prison System and
5.Legal profession

1. The Laws

Consisted of laws of general application in

Spain which were made applicable to our
Country
Promulgated by the council of Indies

2. Judicial System
Hierarchical Structure:

a.Crown
b.Council of Indies
c.The Real Audiencia
d.The Alcaldes-Mayores(Courts of first Instanc
e.Gobernadorcillos(Justice of the Peace Courts

2. Judicial System

Governadorcillos governed the town or pueb

Alcalde Mayor in pacified areas exercised an
corregidor in unpacified areas judicial powe
the provinces and had no jurisdiction in cour
first instance.
Real Audiencia of Manila was the Supreme
Tribunal in the Philippines, both civil and
criminal jurisdiction in cases of appeal from
alcalde Mayor
The decisions of Real Audiencia in certain ca
were appealable to the Council of Indies.

2. Judicial System

The Judicial system included the Department

Public prosecution which is represented in
vernment and its institutions in enforcement
the law in all civil and criminal actions .

3.Law Enforcement Agencies

Cuerpo de cuadrilleros municipal
police under local government
officials and the Guardia Civil,the
national constabulary ,the forces
were assigned to particular
provinces.

4. Prison System
Consists of municipal jails ,major
penitentiaries such as Bilibid Prison
and those in Cavite, Zamboanga
and Marianas.
Penal Farms or Colonies in
Palawan Davao and Cotabato and
Zaboanga

5. Legal Profession
Consists of lawyers who were either
appointed to the Judiciary and
public prosecution or were
practising lawyer and those who
have some legal training.

ico de residencia a form of investigation and tria

lonial officials actuations during his incumbency

Audiencia Real
Established in the Philippines by
Royal Decree of May 5 ,1583.
Given appellate jurisdiction over
civil and criminal cases

Consejo de las Indias

Court of final resort ,
where cases are elevated which
Audiencia Real dont have
jurisdiction

Audiencia Real
The first session was held on June
15,1584
Abolished by Royal Cedula on
August 9,1589 but restored on
November 26,1595.
The two chambers of Royal
Audiencia: one for civil suits and
the other one for criminal suits
headed by a President

Audiencia Territorial de Manila

Criminal jurisdiction of the
Audiencia was designated in
Audiencia Territorial de Manila
Limited to Manila and 15 provinces

Audiencias de lo Crminal of
Cebu and Vigan
Two high courts of appellate
jurisdiction over criminal cases
Each had one president ,two
associate justices,a prosecuting
attorney ,as assistant prosecuting
attorney ,and a secretary with the
necessary clerks .

Alcaldes Mayores
Same as provincial exeutives
,political favorites selected without
regard to their knowledge of law or
affairs they administer .
By series of royal decrees ,the
functions of alcalde mayor became
entirely judicial ,his ecxecutive
functions have been turn over to
the newly established office of
gobernador civil.

Alcaldes Mayores
Jueces de primera instancia
-were lawyers alone are qualified as
alcalde mayores
-excercised jurisdiction in judicial
districts

Alcaldes Mayores
Jueces de primera instancia
-were lawyers alone are qualified as
alcalde mayores
-excercised jurisdiction in judicial
districts

Gobernadorcillos ;jueces de paz

Local judges in their respective
pueblos or municipalities
By Royal Decree of May 29,1885
separates its executive and judicial
power.
Jues de paz or justice of peace
where the in charge of judicial
jurisdiction of district of the city of
Manila and in every municipality.
Judges were appointed by govgen
on recommendation of President of

Special Tribunals

1.Ecclesiastical Courts
2.Army and Navy Courts
3.Treasury Courts
4.Commercial Courts
5.Contentious Courts
6.Probate Courts

blications During the Spanish Peri

Jurisprudencia Civil where civil
cases where contained ,contains
224 volumes dealing with opinions
rendered for almost a century from
Nov.3 1838 to April 3,1936.
Jurisprudencia Criminal-where
criminal cases are Found in 136
vols

AMERICAN PERIOD
Provost courts and military
commissions were created.
Civil Courts still recognized
Act.No.136 of the Philippine
Commission ,the existing courts
were abolished .
The Congress of the United States
through the Philippine Bill later the
Jones Law approved and confirmed
the organization of the courts thus
established.

AMERICAN PERIOD
Audiencia Territorial de Manila was
replaced by Supreme Court
composed of Chief Justice and eight
associate Justices .
Court of first Instance and at the
bottom the municipal and Justice of
the peace courts.
Special Court ,the court of Land
Registration was also created but
ceased to exist on July 21 ,1914,its
function were transferred in the