Introduction to legal research Before we could understand Legal Research and Bibliography we should first have a brief review

on our history and government in which we would ponder our time to understand its legal system in the Philippines that would help us in our legal research. Philippines is an archipelago of 7,107 islands with a land area of 299,740 sq. kilometers, surrounded by Pacific Ocean, South China Sea, and Celebes Sea, because of being an archipelago it would be easy for foreign countries to conquer territories in the Philippines so in order to secure our territories the 1987 constitution provided in Art 1 the scope of our national territory. Also the congress passed a law that defines our archipelagic baselines to be consistent with the United Nations Convention of the Law of the Sea or UNCLOS. Philippines are composed of more than a hundred ethnic groups consisting of Christian Malays, Muslim Malays, Chinese and others. The language used is Filipino provided in the 1987 Constitution art. 14 sec. 6.(1987 Constitution. Bernas, 2009 edition). English language is also used for the purpose of communication and instruction. However, because Philippines are composed of different ethnic groups hence there are also several dialects being used like, Illongo, Ilocano, pampango, pangasinense, bisaya, and waray. In terms of religion, there are two major religions in our country which is Christianity and Islam. But because of our history with the Spanish colonization in which they brought a government led by friars our government secured our country with the Constitutional Provision of the separation of church and state in our constitution Art. 2, sec 6. POLITICAL STRUCTURE Constitution was defined by Justice Malcolm as the written instrument enacted by direct action of the people by which the fundamental powers of the government are established , limited and defined, and by which those powers are distributed among the several departments for their safe and useful exercise for the benefit of the body politic. The Philippine Constitution Establishes and defines the power of the three branches of the government: o o o Executive Branch Legislative Branch Judicial Branch

Four Regular Philippine Constitution

o o o o o

Malolos Constitution 1935 Constitution 1973 Constitution 1987 Constitution 1987 Constitution

The present political structure of the Philippines was defined by the 1987 Constitution. It provides that the Philippines is a democratic and republican state where sovereignty resides in the people and all government authority emanates from them (Art. II, sect. 1). GOVERNMENT STRUCTURE:

The history of the Philippine Government Structure is one of the colorful histories any government would have. The Philippine Government had seven (7) chronicles of government structure starting from the beginning of civilization and up to the present day period.

They are categorized as follows; a) Pre-Spanish During the pre-Spanish period, the form of government back then is a barangay. The head of each barangay is called a Datu. It is the smallest administrative division in the Philippines and is the native Filipino term for a village, district or ward. Municipalities and cities are composed of barangays, and they may be further subdivided into smaller areas called purk, and sitio, which is a territorial enclave inside a barangay, especially in rural areas. As of June 28, 2011 there are a total of 42,026 barangays throughout the Philippines (http://en.wikipedia.org/wiki/Barangays). b) Spanish Period - The first recorded sighting of the Philippines by Europeans was on March 16, 1521, during Ferdinand Magellan's circumnavigation of the globe. Magellan landed on Cebu, claimed the land for Charles I of Spain, and was killed one month later by a local chief. The Spanish crown sent several expeditions to the archipelago during the next decades. Permanent Spanish settlement was finally established in 1565 when Miguel Lpez de Legazpi (judicial powers were vested upon him), the first royal governor, arrived in Cebu from New Spain (Mexico) (http://countrystudies.us/philippines/4.htm). However, it was also during the Spanish and American period that the Philippines was considered as a Republic.

c) American Period It was during this time that the Philippine Republic started. The Malolos Congress convened on 15 September, and produced the Malolos Constitution. That constitution was proclaimed on 22 January 1899, transforming the government into what is known today as the First Philippine Republic, with Aguinaldo as its president. In the meantime, on December 10, 1898, the Treaty of Paris had been signed, ending the Spanish-American War. Article 3 of the treaty transferred the Philippines from Spain to the United States. d) Japanese Period The Japanese occupation of the Philippines was the period in the history of the Philippine government between 1942 and 1945, when the Empire of Japan conquered the American-controlled Philippines which was during the World War II. Republic Period (1946-1972) A Philippine Republic which embodies a government by the people and which sovereignty resides in the people as a body politic was born with the inauguration of independence on July 4, 1946. In this period separation of powers is recognized within the three co-equal branches of government which is the Executive, Legislative and Judicial branches as provided in the 1935 Constitution. However on August 24, 1970 with the approval of Republic Act No. 6132, efforts to amend the 1935 Constitution started. On November 10, 1970 among 310 delegates were elected establishing the Constitutional Convention which met on June 1, 1971. Then it was followed by the declaration of Martial Law on September 21, 1972 by President Ferdinand Marcos. While under Martial Law and without proper proceedings the Constitutional Convention completed the draft of constitution on November 29, 1972 and it was submitted for ratification through citizens assemblies on January 17, 1972 and was known as 1973 Constitution.

Martial Law Period (1972-1986) This period was governed by the 1973 Constitution. Several changes took effect such as the declaration of Martial Law on September 21, 1972, abolition of the Congress of the Philippines, establishment of a parliamentary form of government and creation of military tribunals. Martial Law was lifted by virtue of Proclamation No. 2045 (1981) and military tribunals were abolished. President Marcos was re-elected into office as President and Cesar Virata as Prime Minister on June 16, 1981. Again the constitution was amended on 1984 and on January 27, 1984 pursuant to Batas Pambansa Blg. 643 (1984) a plebiscite was held. And on May 14, 1984 elections were held for the 183 seats in the 200 member of the Batasang Pambansa.

An impeachment resolution against President Marcos was filed by 57 members of the opposition but it was dismissed. A Snap Election was called on November 3, 1985 and was held on February 7, 1986 where the National Movement for Free Elections (NAMFREL) declared Corazon Aquino while Batasang Pambansa declared Ferdinand Marcos. People Power transpired on February 25, 1986 ousting President Marcos.

Republic Revival (1986-present) February 26, 1986 after the bloodless revolution also known as EDSA Revolution, Corazon C. Aquino and Salvador H. Laurel assumed office as President and Vice President respectively. Numerous proclamations were promulgated among others are: Proclamation No. 1 (1986) - Sovereignty resides in the people and all government authority emanates from them and President and Vice President, takes power in the name and by the will of the Filipino people. Proclamation No. 3 (1986) The new government was installed through a direct exercise of the power of the Filipino people assisted by units of the New Armed Forces of the Philippines; the heroic action of the people was done in defiance of the provisions of the 1973 Constitution, as amended; the direct mandate of the people as manifested by their extraordinary action demands the complete reorganization of the government, restoration of democracy, protection of basic rights, rebuilding of confidence in the entire government system, eradication of graft and corruption, restoration of peace and order, maintenance of the supremacy of civilian authority over the military, and the transition to government under a New Constitution in the shortest time possible; and during the period of transition to a New Constitution it must be guaranteed that the government will respect basic human rights and fundamental freedoms. Proclamation No. 9 (1986) - The new Government was established by the direct action and will of the sovereign Filipino people; the FREEDOM CONSTITUTION was promulgated under Proclamation No. 3 in accordance with the mandate of the people to work toward the establishment of a just, free and democratic constitutional order

within the shortest time possible; a Constitutional Commission tasked with proposing a new charter truly reflective of the ideals and aspirations of the Filipino people has been created under Article V of said Proclamation No. 3; and it is now necessary to organize the Constitutional Commission to provide for the details of its operation and establish the procedure for the ratification or rejection of the proposed new Constitution. Several reforms were also integrated such as: drafting of constitution by the Constitutional Commission which was composed of 48 members, Congressional elections were held on May 11, 1987, Republican form of government was officially revived with the ratification of 1987 Constitution, convention of Congress and issuance of Republic Acts by Congress from the last number used before Martial Law (Republic Act No. 6635 (1972) and Republic Act No. 6636 (1987). With the revival of Philippines as a Republic by virtue of the 1987 Constitution, the same form of government prior to Martial Law was established with three coequal branches, Executive, Legislative and Judiciary.

E X E C U T IV E B R A N C H T h e P re s id e n t vis s te d ith th e e x e c u tivp o w e r. rt.V II,s e c . 11, 9 8 7C o n s titu tio T ). eP re s id e n t b o th e w e (A nh is th e C h ie o f S ta te(h e a do f g o v e rn m e n t) d th e C o m m a n d e r -in - Cohf iell th e A r m e dF o r c e so f th e f an af P h ilip p in e s rt. V II, s e c . 1 8 ). S in c e1 8 9 8 w h e n the F irs tP h ilip p in e R e p u b licw a s e s ta b lis h e d ,the (A P h ilip p in ehsa s h a d th irte e n(1 3 ) P re sid e n(w w w .o p .g o v .p h ;w .o p s .g a u ..J !_ h ts ww ) T h e o th e rm e m b e rs f th e E x e c u tiv B ra n c ha re th e V ic e re s id e n tsn d th e H e a d s(S e c re ta ry )f th e o e -P a o E x e c tu e D e p a rtm eo rt C a b in e t e m b e rs : cabinet members)T h e re a re s p e c ific u re a u s a n d iv n m (19 b o ffic e s ire ctly nd e rth e O ffic eo fth e P re sid e n t. d u . B o th th e P re side nta nd th e V ice -P reside are e le c te d y d ire c tv o teo f th e Filip in o p e o p le r a te rm o f nt b fo p o s tio n . The vice president can serve up to 2 terms.

s ix y e a rs .T h e P re s id e n is neoig ib lefo r a re e le c tio n b u t c a n ru n fo r o th e r o ffic e o r s e rv e in a n a p p o in tiv tl

C o n g re s s e m p o w e re dp ro m u lg artele sin th e c a n v a s s in gc e rtific a te s e le c tio n .h eS u p re m C o u rt ittin g is to u of of T e s e n b a n eis th e s o leju d g eo f a ll e le c tio c o n te s ts re la tin g e ire le c tio n , re tu rnnsd q u a lific a tio(Asr tV II,s e c . n to th a n 4 ). T h S u p re m C o u rt n b a n eth u sa c tsa s th e P re s id e n tia le c to ra l T rib u T h eS u p re m C o u rt ro m u lg a te d e e e El n a l. e p th e 2 0 0 5 u le s f th e P re s id e n tia le c to ra rib u n a l ttp I le lib ra ry .ju d ic ia ry .g o(A.p h N o .0 5 R o El Tl (h : v .M ). 1 1 - 0 6 - S CB). thm a y b e r e m o v e fro m o ffic e bim p e a c h m e(At r t.X I s e c .2 ) to b e in itia te db y th e H o u s e f o d y n o R e p r e s e n ta tiv e rst.X I,s e c 8 ) a n dtr ie da n dd e c id eb y th e S e n a te A r t.X I,s e c ,3 ( 6 ) ) T h eC a b in em e m b e rasre (A , d ( . t n o m in a tebdy th e P re s id e nst,u b je cto th e c o n firm a tio fnth e C o m m is s io n A p p o in tm e n(A rt.V II, s e c ,1 6 ) t o o ts w h ic hc o n s is ts f th e P r e s id e no f th e S e n a te a s e x o ffic io h a ir m a n , e lv S e n a to ra n dtw e lv e e m b e osf o t , C tw e s m r th e H o u s o f R e p r e s e n ta tiv erst. I,s e c 1 ). e (A V . C a b in em e m b e rsre n o m in a tebdy th e P re s id e nst, b je cto th e c o n firm a tio fn th e o m m is s io n A pp o in tm e n ts t a u t o C on (C o n s titu tio n9 8 7A rt.V II,s e c 1 6 ),w h ic h c o n s is ftsth eP re s id e n tf th e S e n a tea s e x o ffic io h a irm a n , e lv e (1 ) , o o , C tw S e n a to rs n d tw e lv e e m b e rsf th e H o u s e f R e p r e s e n ta tiv e s V I,s e c . ).T h eP re s id e n tx e rc is ec o n tro l a m o o (A rt. 1 e s o v e ra ll th e e x e c u tivd e p a rtm e n b u, r e a u a n do ffic e s e ts s .

LEGISLATIVE BRANCH

The legislative power is vested in the Congress of the Philippines, consisting of the Senate and the House of Representatives. Legislative power of the Philippines

The legislative branch, which has the authority to make, alter or repeal laws. Congress is vested with the tremendous power of the purse, traditionally recognized in the constitutional provision that no money shall be paid out of the Treasury except in pursuance of an appropriation made by law. It comprehends both the power to generate money by taxation (the power to tax) and the power to spend it (the power to appropriate). The power to appropriate carries with it the power to specify the amount that may be spent and the purpose for which it may be spent.

The Senate and the House of the Representative

The Senate is composed of twenty-four (24) Senators, who are elected at large by the qualified voters of the Philippines and headed by the Senate President, Pro Tempore, Majority Leader and the Minority Leader. There are 36 permanent committees and 5 oversight committees. The term of office of the Senators is six (6) years and no senator may be elected for more than two consecutive terms.

The House of Representatives, on the other hand, is composed of not more than two hundred and fifty (250) members, unless otherwise fixed by law, who are elected from legislative districts apportioned among the provinces, cities and the Metropolitan Manila area, and those who are elected through a partylist system of registered national, regional and sectoral parties or organizations shall constitute 20% of the total number of representatives. The term of office of members of the House of Representatives, also called Congressmen, is three (3) years.

Officials of the House are the Speaker of the House, Deputy Speaker for Luzon, Deputy Speaker for Visayas, Deputy Speaker for Mindanao, Majority Leader, and Minority Leader. There 57 standing committees and sixteen special committees of the House of Representatives.

Election of the Senate President and the House Speaker

The Senate President and House Speaker is elected by the majority votes of its members

The Anti-Graft Court, or Sandiganbayan, it is a special court in the Philippines which was established under Presidential Decree No. 1606. Its rank is equivalent to the Court of Appeals. The court consists of 14 Associate Justices and 1 Presiding Justice. It was created to maintain integrity, honesty and efficiency in the bureaucracy and weed out misfits and undesirables in the government service ( 1973 Constitution(Art. XIII, sec 5)) and 1987 Contitution (Art.XI, sec 4)). To further strengthen the functional and structural organization of the Sandiganbayan, several amendments have been introduced to the original law creating it, the latest of which are Republic Acts

No. 7975 and No. 8249. Under these new laws, the jurisdiction of the Sandiganbayan is now confined to cases involving public officials occupying positions classified as salary grade 27 and higher. Or salary grade 27 below holding positions stated in sec 4 (a)(1) (g) of P.D. 1606.

The Court of Tax Appeals (CTA) was created on June 16, 1954, through the enactment of Republic Act No. 1125 (R.A. 1125). Considering its limited jurisdiction then, it had only three (3) Judges, which at present is equivalent to one (1) Division. With the passage of Republic Act Number 9282 (R.A. 9282) on April 23, 2004, the CTA became an appellate Court, equal in rank to the Court of Appeals. The composition of the Court increased to six (6) Justices with one (1) Presiding Justice and five (5) Associate Justices. It shall sit En Banc, or in two (2) Divisions with three (3) Justices each. A decision of a division of the CTA may be appealed to the CTA En Banc, and the latter's decision may further be appealed by verified petition for certiorari to the Supreme Court. However, Republic Act Number 9503 was enacted on June 12, 2008 and took effect on July 5, 2008. This further enlarged the organizational structure of the CTA by creating a Third Division and providing for three (3) additional Justices. Hence, the CTA is now composed of one (1) Presiding Justice and eight (8) Associate Justices. The CTA may sit en banc or in three (3) divisions with each division consisting of three (3) Justices. The CTA, as one of the Courts comprising the Philippine Judiciary, is under the supervision of the Supreme Court. Through the enactment of Republic Act No. 9282, the jurisdiction of the CTA has been expanded to include not only civil tax cases but also cases that are criminal in nature, as well as local tax cases, property taxes and final collection of taxes. Pursuant to the provisions of Republic Act No. 1125 and other laws prior to R.A. 9282, the Court of Tax Appeals retains exclusive appellate jurisdiction to review by appeal, the following: 1. Decisions of the Commissioner of Internal Revenue in cases involving disputed assessments, refunds of internal revenue taxes, fees or other

charges, penalties imposed in relation thereto, or other matters arising under the National Internal Revenue Code or other law or part of law administered by the Bureau of Internal Revenue; 2. Decisions of the Commissioner of Customs in cases involving liability for customs duties, fees or other money charges; seizure, detention or release of property affected; fines, forfeitures or other penalties imposed in relation thereto; or other matters arising under the Customs Law or other law or part of law administered by the Bureau of Customs [Rep. Act. No. 1125, (1954), Sec. 7]; 3. In automatic review cases where such decisions of the Commission of Customs favorable to the taxpayer is elevated to the Secretary of Finance (Sec. 2315, TCC); and 4. Decisions of the Secretary of Trade and Industry, in the case of nonagricultural product, commodity or article, or the Secretary of Agriculture, in the case of agricultural product, commodity or article, in connection with the imposition of the Anti-Dumping Duty, Countervailing and Safeguard Duty [Republic Act Nos. 8751 and 8752, (1999) Sec. 301 (a) and (p), and Republic Act 8800]. Under Republic Act Number 9282, the CTA's original appellate jurisdiction was expanded to include the following: 1. Criminal cases involving violations of the National Internal Revenue Code and the Tariff and Customs Code; 2.
3.

Decisions of the Regional Trial Courts (RTC) in local tax cases;

Decisions of the Central Board of Assessment Appeals (CBAA) in cases involving the assessment and taxation of real property; Collection of internal revenue taxes and customs duties, the assessment of which have already become final.
4.

The Regional Trial Court are called the second level courts and are divided into thirteen (13) judicial regions: National Capital Region (Metro Manila) the twelve (12) regions of the country, which are divided into several branches. The

jurisdictions are defined in sec. 19-23 of Batas Pambansa Blg. 129 as amended by Republic Act No.7671. 1. All civil actions in which he subject of the litigation is incapable of pecuniary estimation; 2. All civil actions which involve the title to, or possession of real property, or any interest therein, where the assessed value of the property involved exceeds twenty thousands of pesos (P20,000.00) or, civil actions in Metro Manila, where such value exceeds Fifty thousands of pesos (P50,000.00) excepts actions for forcible entry to into and unlawful detainer of lands or buildings, original jurisdiction over which is conferred upon the MeTCs, MTCs, and MCTC, 3. All actions in admiralty and maritime jurisdiction where the demand or claim exceed one hundred thousand pesos (P100,000.00) or, in probate matters in Metro Manila, where such gross value exceeds Two hundred thousand pesos (P200,000), 4. All actions involving the contract of marriage and marital relations; 5. All cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising judicial or quasi judicial functions; 6. All civil actions proceedings falling within the exclusive original jurisdiction of a Juvenile and Domestic Relations Court and of the Courts of Agrarian Relations as now provided by law; and 7. All other cases in which the demand, exclusive of interest, damages of whatever kind, attorneys fees, litigation expenses and cost or the value of the property of controversy exceeds one hundred thousand pesos (P100,000.00) or, in such other cases in Metro Manila, where the demand, exclusive of the above-mentioned items exceeds Two hundred thousand pesos (P200,000.00) (Sec. 19, Batas Pambansa Blg 129, as amended by R.A No. 7691). Exercise original jurisdiction in other cases as follows: 1. The issuance of writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus, and injunction which may be enforced in any part of their respective regions and 2. Actions affecting ambassadors and other public ministers and consuls.

Metropolitan Trial Courts (MeTC), Municipal Trial Courts in Cities (MTCC), Municipal Trial Courts (MTC) and Municipal Circuit Trial Courts (MCTC) are called the first level courts established in each city and municipality. Their jurisdiction is provided for by section 33, 35 of Batas Pambansa Blg. 129and has been expanded by special laws namely Republic Act Nos. 9276, 9252, 9305, 9306, and 9308. These courts have original jurisdiction in Civil cases based on section 33 of Batas Pambansa Blg 129. These civil cases include the following: 1. Exclusive original jurisdiction over civil actions and probate proceedings, testate and intestate, including the grant of provisional remedies in proper cases, where the value of the personal property, estate of amount of the demand does not exceed P100,000.00 or, in Metro Manila where such personal property, estate or amount of the demand does not exceed P200,000.00, exclusive of interests, damages of whatever kind, attorneys fees, litigation expenses, and costs the amount of which must be specifically alleged;

2. Exclusive original jurisdiction over cases of forcible entry and unlawful detainer; and

3. Exclusive original jurisdiction in all civil actions which involve title to, or possession of, real property, or any interest therein where the assessed value of the property or interest therein does not exceed P20,000.00 or, in Metro Manila, where such assessed value does exceed P50,000.00 exclusive of interest, damages of whatever kind, attorneys fees, litigation expenses and cost. Section 33 of Batas Pambansa Blg 129 states that the Supreme Court may designate MeTCs, MTCCs, MTCs, and MCTCs to handle land registration cases where the value does not exceed P100,000.00. Decisions in these cases can be appealed in the same manner as the RTCs. In the absence of RTC Judges, the courts are empowered to handle petitions for a writ of habeas corpus or applications for bail in criminal cases in the province or city. Sharia Courts are special courts created by section 137 of Presidential Decree No. 1083 or also known as the Code of Muslim Personal Laws. The judges for these courts should possess the same qualifications of an RTC Judge and should be knowledgeable in Islamic law and jurisprudence. According to Article 143, 144, and 155 of Presidential Decree No. 1083, Sharia District Courts have jurisdiction over the following cases: Article 143 (paragraph 1)

1. All cases involving custody, guardianship, legitimacy, paternity and filiations arising under the Code;

2. All cases involving disposition, distribution and settlement of the estates of deceased Muslims, probate if wills, issuance of letters ad administration or appointment of administrators or executors regardless of the nature or aggregate value of the property;

3. Petitions for the declaration of absence and death and for the cancellation or correction of entries in the Muslim Registries mentioned in Title VI of Book Two of the Code;

4. All actions arising from customary contracts in which the parties are Muslim, if they did not specified which law shall govern their relations; and

5. All petitions for mandamus, prohibition, injunction, certiorari, habeas corpus, and all other auxiliary writs and processes in aid of it appellate jurisdiction.

Article 143 (paragraph 2)

1. Petitions by Muslims for the constitution of family home, change of name and commitment of an insane person to any asylum;

2. All other personal and real actions not mentioned in paragraph (1) (d) wherein the parties involved are Muslims except those for forcible entry and unlawful detainer, which shall fall under the exclusive original jurisdiction of the MTCs; and

3. All special civil actions for interpleader or declaratory relief wherein the parties are Muslims or the property involved belongs exclusively to Muslims.

According to Article 144 of Presidential Decree No. 1083, the SDCs also have jurisdiction over all cases tried in the Sharia Circuit Courts within their territorial jurisdiction. In Article 155 of Presidential Decree No. 1083, SCCs have jurisdiction over the following cases: 1. All cases involving offenses defined and punished under the Code;

2. All civil actions and proceedings between parties who are Muslims or have been married in accordance with Article 13 of the Code involving disputes relating to:

a. Marriage; b. Divorce recognized under the Code; c. Betrothal or breach of contract to marry; d. Customary dower (mahr); e. Disposition and distribution of property upon divorce; f. Maintenance and support, and consolatory gifts (muta); and g. Restitution of marital rights

3. All cases involving disputes to communal properties.

Quasi-judicial agencies are administrative agencies empowered by the Constitution or statues to handle certain classes or categories of cases. Quasijudicial agencies which are empowered by the Constitution are known as Constitutional Commissions. They are the following: o Civil Service Commission Act No. 5 (1990) established the Philippine civil service and was reorganized as a Bureau in 1905 and was established in the 1935 Constitution. Republic Act No. 2260 converted it from a Bureau into the Civil Service Commission. o Commission on Elections

It is the constitutional commission created by a 1940 amendment to the 1935 Constitution whose primary function is to manage to maintain its authority and independence in the conduct of elections. It exercises administrative, quasi-judicial and judicial powers.

Commission on Audit

Article IX, section 2 of the 1987 Constitution provided the powers and authority of the Commission on Audit, which is to examine, audit and settle all accounts pertaining to the revenue and receipts of and expenditures or uses of funds and property owned or held in trust by or pertaining to the Government including government owned and controlled corporations with original charters. Quasi-judicial agencies which are empowered by statutes are the following: o o o o o o o o o o o o o o Office of the President Department of Agrarian Reform Securities and Exchange Commission National Labor Relations Commission National Telecommunication Commission Employees Compensation Commission Insurance Commission Construction Industry Arbitration Commission Philippine Atomic Energy Commission Social Security System Government Service Insurance System Bureau of Patents Trademark and Technology National Conciliation Mediation Board

o o o o o o o

Land Registration Authority Civil Aeronautics Board Central Board of Assessment Appeals National Electrification Administration Energy Regulatory Board Agricultural Inventions Board Board of Investments

Decisions of these quasi-courts can be appealed to the Court of Appeals except those of the Constitutional Commissions which can be appealed to the Supreme Court. There are also other judicial procedures that are present at the grass roots level. These systems are designed to amicably settle disputes at the barangay level. One of these is known as the Katarungang Pambarangay Law. This system aims to promote the speedy administration of justice by easing the congestion of court dockets. The Court does not take cognizance of cases if not filed first with the Katarungang Pambarangay. This system took effect on December 11, 1978. Another system is known as the Alternative Dispute Resolution System. This system serves to promote the speedy and impartial administration of justice and unclog the court dockets. The Supreme Court by virtue of an En Banc Resolution dated October 16, 2001 designated the Philippines Judicial Academy as the component unit of the Supreme Court for court-related mediation cases and alternative dispute resolution mechanism and established the Philippine Mediation Center. Muslim law provides its own arbitration Council called The Agama Arbitration Council. LOCAL GOVERNMENTS Article X of the 1987 Constitution which provides for the territorial subdivisions of the Philippines, The 1991 Local Government Code or Republic Act No. 7160 as amended by Republic Act No. 9009 which provides the detail that implements the provision of the Constitution. The officials, namely, the governor, city mayor, city vice mayor, municipal mayor, municipal vice mayor and punong barangay are elected by their respective units. The regular members of the sangguniang panlalawigan(for the province), sangguniang panglunsod(for cities), sangguniang bayan(municipalities)are elected by districts while the sangguniang barangay are elected at large. Each territorial or political subdivision enjoys local autonomy as defined in the Constitution. The President exercises supervision over local Governments.

The PROVINCE. Each region is composed of several provinces while each province is composed of a cluster of municipalities(Local Government Code, Title IV) and as a political and corporate unit of the government, serves as dynamic mechanism for developmental processes and effective governance of local government units within its territorial jurisdiction(section 459, Chapter 1). The CITY. The city consists of more urbanized and developed barangays which created, divided, merged, abolished or its boundary altered by law or act of Congress, subject to the approval of majority votes casts in a plebiscite conducted by the COMELEC(Local Government Code , Title III, Chapter 1, sec 448-449). The Municipality. The municipality consists of a groupof barangays whih is created, divided, merged, abolished or its boundary altered by law or act of Congress, subject to the approval of majority votes casts in a plebiscite conducted by the COMELEC(Local Government Code, Title II, Chapter 1, sec 440-441). In order for a municipality to be converted into a cities, a law or act of Congress must be passed by virtue of the provisions of the local Government Code and the Constitution. A Plebiscite must be conducted to determine if majority of the people in the said municipality are in favor of converting the municipality into a city. The Barangay. The Barangay is the smallest local government unit which is created, divided, merged, abolished or its boundary altered b law or by an ordinance of the sanggunian panlalawigan or sangguniang panlunsod, subject to the approval of majority votes casts in a plebiscite conducted by the COMELEC. As the basic political unit, the barangay serves as the primary planning and implementing unit of government policies, plans , programs, projects, and activities in the community, and as s forum wherein the collective views of the people may be expressed, crystallized and considered, and where disputes may be amicably settled.(Local Government Code, Title 1, Chapter 1, sec 384-385)

OTHER GOVERNMENT AGENCIES

COMMISION ON HUMAN RIGHTS The Commission on Human Rights was created as an independent office for cases of violation of the human rights (Art. XIII, sec. 17). Specific powers and duties are expressly provided for by section 18 of the 1987 Constitution. Executive Order No.163 dated May 5, 1987 declaring the effectivity of the creation of the Commission on Human Rights as provided for in the 1987 Constitution, providing guidelines for the operation thereof, and for other purposes.

OFFICE OF THE OMBUDSMN The 1987 Constitution explicitly provides that Ombudsman and his deputies are called the protectors of the people for they are tasked to act promptly on complaints filed against public officials or employees of the government owned and controlled corporations (Art XI, sec 12). Its powers, duties and functions are provided for in section 13. It is responsible for prosecuting government official who for their alleged crimes. However, RA No. 6770, sec 15 provides that the Ombudsman shall give priority to complaints filed against high ranking government officials and those occupying supervisory positions. Executive Order No.243 dated July 24, 1987 declaring the effectivity of the creation of the office of the Ombudsman as provided for in the 1987 Constitution.

References: (Legal Research & Bibliography) (http://jlp-law.com/branches-of-the-philippine-government-separation-of-powers/) (http://countrystudies.us/philippines/4.htm), (http://en.wikipedia.org/wiki/Barangays) Legal research and bibliography by Atty. Ng, Dr. Po, Atty. Po Philippine constitution by isagani cruz http://countrystudies.us/philippines/79.htm