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Cultura Documentos
- Chief Executive was the Prime Minister who was elected - The numbering of Republic Acts continued from the
by majority of all members of the National Assembly number last used before Martial Law (Republic Act No.
(Parliament). 6635 (1972) and Republic Act No. 6636 (1987).
- The Prime Minister had the power to advise the - The Republic form of government by virtue of the 1987
President. The President is the symbolic head of state. Constitution was the same type of republican
- Military tribunals were also established. government prior to Martial law by virtue of the 1935
- Amendment No. 3 - the powers of the President and the Constitution with three co-equal branches: Executive,
Prime Minister were merged into the incumbent Legislative and the Judiciary.
President Ferdinand E. Marcos. - Constitution (1987), Article XI, provides for the
- Amendment No. 6- authorized President Marcos to accountability of public officers. Article XI, Section 1 ,
continue exercising legislative powers until Martial law is Public office is a public trust. Public officers and
in effect. employees must, at all times, be accountable to the
- Amendment No. 7- provided for the barangays as the people, serve them with utmost responsibility, integrity,
smallest political subdivision and the sanggunians, or loyalty, and efficiency; act with patriotism and justice,
councils. and lead modest lives.
- The 1981 amendment modified presidential - Public officers in the Executive (President and Vice
/parliamentary system of government of the Philippines. President) , Judiciary (Members or Justices of the
The President - elected by the people for a term of six Supreme Court) and the Constitutional Commissions and
years while the Prime Minister - elected by a majority of the Ombudsman may be removed from office on
the Batasang Pambansa (Parliament) upon the impeachment for, and conviction of, culpable violation of
nomination of the President. He was the head of the the Constitution, treason, bribery, graft and corruption,
Cabinet and had supervision over all the ministries. other high crimes, or betrayal of public trust.
- Proclamation No. 2045 (1981)- lifted Martial Law and - All other public officers and employees may be removed
abolished military tribunals. from office as provided by law, such as the civil service
- June 16, 1981 and President Marcos was re-elected into laws, but not by impeachment (Article XI, Section 2).
office as President. - Congress, which is involved in the impeachment process.
- Amendment through plebiscite on January 27, 1984 - The House of Representatives has the exclusive power to
pursuant to Batas Pambansa Blg. 643 (1984). initiate all cases of impeachment though a verified
- Impeachment resolution by 57 filed against President complaint or resolution of impeachment filed by at least
Marcos but was dismissed. one-third of all the Members of the House of
- Snap Election called on November 3, 1985, and was Representatives, and an Articles of Impeachment
held on February 7, 1986. The National Movement for (Article XI, Section 3, (1) (5)).
Free Elections, or NAMFREL, results showed that - The Senate shall have the sole power to try and decide
Corazon Aquino led by over a million votes. However, all cases of impeachment.
the Batasang Pambansa declared that Ferdinand E. - When the President of the Philippines is on trial, the
Marcos and Arturo M. Tolentino won over Corazon C. Chief Justice of the Supreme Court shall preside, but
Aquino and Salvador H. Laurel as President and Vice- shall not vote.
President, respectively. - The public officer (President and Vice President,
- Feb 25, 1986 - People Power revolution, which ousted members or Justices of the Supreme Court and the
President Marcos Constitutional Commissions and the Ombudsman) shall
be convicted with the concurrence of two-thirds of all
g) Republic Revival (1986-present) the Members of the Senate. (Article XI, Section 3, (6).
- Corazon C. Aquino and Salvador H. Laurel took their oath - When the Chief Justice or members of the Judiciary and
of office as President and Vice President of the Philippine the Constitutional Commissions and Ombudsman are on
Republic on February 25, 1986. trial, the Senate President shall preside. Rules of
- Proclamation No. 1 (1986) was promulgated wherein the impeachment shall be promulgated by the Senate.
President and the Vice President took power in the name
and by the will of the Filipino people.
- Proclamation No. 3 (1986) adopted as the Provisional
Constitution or Freedom Constitution, provided for a GOVERNMENT STRUCTURE
new government.
- Proclamation No. 9 (1986) - Constitutional Commission, Executive Branch
composed of 48 members, was mandated to draft a - The President is vested with the executive power. (Art.
Constitution. VII, sec. 1, 1987 Constitution).
- Draft constitution was submitted to the President on - The President is both the Chief of State (head of
October 15, 1986 and ratified by the people in a government) and the Commander-in-Chief of all the
plebiscite held on February 2, 1987. Armed Forces of the Philippines (Art. VII, sec. 18).
- The Republican form of government was officially - The Philippines has had fifteen (15) Presidents from
revived when the 1987 Constitution was ratified and Emilio Aguinaldo to Benigno S. Aquino III.
Congress was convened in 1987. - Includes the Vice-President and the Secretaries of Heads
- Legislative enactments again rested in the Congress. of the Executive Departments and other Cabinet
- Republic Acts were again issued by Congress, the officials
number of which took off from the last number used - Both the President and the Vice-President are elected by
before Martial Law was declared. direct vote of the Filipino people for a term of six years.
4
Legislative Department
- Vested in the Congress of the Philippines, consisting of
the Senate and the House of Representatives (Art. VI,
sec.
- Senate of the Philippines
o 24 Senators elected at large, term of not more than
six (6) years. And not more than two consecutive
terms. (Art VI, sec. 4).
o The Senate is led by the Senate President, Pro
Tempore, Majority Leader and the Minority Leader. - Judicial power rests with the Supreme Court and the lower
o The Senate President is elected by majority vote of courts, as may be established by law (Art. VIII, sec. 1). With
its members. fiscal autonomy.
o (36) permanent committees - The Rules of Court and the rules and regulations issued by
o (5) oversight committees. the Supreme Court - define the rules and procedures of the
o The sole judge of contests relating to election, Judiciary.
returns and qualifications of members of the Senate - Department of Justice Administrative Order No. 162 dated
rests with the Senate Electoral Tribunal (SET), which August 1, 1946 - Canon of Judicial Ethics.
is composed of nine members, three of whom are - Supreme Court of the Philippines promulgated a new Code of
Justices of the Supreme Court and six members of Judicial Conduct for the Philippine Judiciary effective June 1,
the Senate. (Art. VI, sec. 17). 2004 (A.M. No. 03-05-01-SC),
- House of Representatives - The Supreme Court promulgated on June 21, 1988 the Code
o Not more than (250) members, elected by legislative of Professional Responsibility for the legal profession.
districts for a term of three years, not more than - A Code of Conduct for Court Personnel (A.M. No. 03-06-13-
three consecutive terms. SC) was adopted on April 13, 2004, effective June 1, 2004
o The party-list representatives, who come from - Supreme Court of the Philippines
registered national, regional and sectional parties o The barangay chiefs exercised judicial authority prior to
and organizations, shall constitute twenty percent the arrival of Spaniards in 1521.
(20%) of the total number of representatives. (RA o The Royal Audencia was
No. 7941), which was approved on March 3, 1995. established on May 5, 1583,
o Officials - Speaker of the House, Deputy Speaker for composed of a president, four oidores (justices)
Luzon, Deputy Speaker for Visayas, Deputy Speaker and a fiscal.
for Mindanao, Majority Leader, and Minority Leader. exercised both administrative and judicial
o The Speaker of the House is elected by majority vote functions.
of its members. Became Audencia Territorial de Manila with two
o (57) standing committees branches, civil and criminal.
o (16) special committees Royal Decree issued July 24, 1861 converted it to a
o The sole judge of contests relating to election, purely judicial body wherein its decisions were
returns and qualifications of members of the House appealable to the Supreme Court of the Philippines
of Representatives rests with the House of to the Court of Spain in Madrid.
Representatives Electoral Tribunal (HRET) which is Suspended by General Wesley Merrit
composed of nine members, three of whom are o re-established the Audencia on May 29, 1899 by virtue
Justices of the Supreme Court and six members of of General Order No. 20.
the Senate.(Art. VI, sec. 17). Cayetano Arellano as the first Chief Justice
Filipinization of the Supreme Court started only
Judicial System during the Commonwealth, 1935.
Administrative Code of 1917 provided for a
Supreme Court with a Chief Justice and eight
associate Justices, increased to 11 with two
divisions of five members each.
5
The 1973 Constitution further increased its bodies shall remain effective unless disapproved by the
membership to 15 with two (2) divisions. Supreme Court.
- Supreme Court as per 1987 Constitution, 9. Appoint all officials and employees of the Judiciary in
o Composed of a Chief Justice and fourteen Associate accordance with the Civil Service Law (Sec. 5, id.).
Justices who shall serve until the age of seventy (70). - Rule on the Writ of Amparo (A.M. No. 07-9-12-SC), approved
o The Court may sit En Banc or in its three (3) divisions on September 25, 2007 and effective on October 24, 2007 -
composed of five members each. remedy available to any person whose right to life, liberty
o A vacancy must be filled up by the President within and security is violated or threatened with violation by an
ninety (90) days of occurrences unlawful act or omission of a public official or employee, or
o Article VIII, sec. 4 (2) explicitly provides for the cases that of a private individual or entity. This writ shall cover
must be heard En Banc extrajudicial killing and enforced disappearances or threats
o sec. 4 (3) for cases that may be heard by divisions. - Rule on the Writ of Habeas Data (A.M. No. 08-1-16--SC),
(Constitution, Art. VIII, sec. 4, par.1) approved on January 22, 2008 and effective February 2,
o Judiciary Reorganization Act of 1980 - transferred from 2008. - remedy available to any person whose right to
the Department of Justice to the Supreme Court the privacy in life, liberty or security is violated or threatened by
administrative supervision of all courts and their an unlawful act or omission of a public official or employee,
personnel as affirmed by Art. VIII, sec. 6 of the 1987 or any private individual or entity engaged in the gathering,
Constitution. collecting or storing of data or information regarding the
o Office of the Court Administrator (OCA) by PD No. 828, person, family, home and correspondence of the aggrieved
as amended by PD No. 842, - supervision and party (section 1).
administration of the lower courts throughout the - Writ of Kalikasan, a resolution on Rules of Procedure for
Philippines and all their personnel. It reports and Environmental Cases (A.M. No. 09-6-8-SC) was approved on
recommends to the Supreme Court all actions that affect April 13, 2010 - covers civil and criminal actions involving the
the lower court management. The OCA is headed by the enforcement or violations on the environment- designated to
Court Administrator, three (3) Deputy Court try these cases are called Green Courts.
Administrators and three (3) Assistant Court
Administrators. Judicial and Bar Council
- The Supreme Court exercises the following powers: - Created by virtue of Art. VIII, sec. 8. under the supervision of
1. cases affecting ambassadors, other public ministers and the Supreme Court.
consuls, - Screen prospective appointees to any judicial post.
2. petitions for certiorari, prohibition, mandamus, quo - Composed of the Chief Justice as ex-officio Chairman, the
warranto, and habeas corpus. Secretary of Justice and representatives of Congress as ex-
3. Review, revise, reverse, modify, or affirm on appeal or officio members, a representative of the Integrated Bar, a
certiorari, professor of law, a retired member of the Supreme Court and
4. Appeal Final judgments and orders of lower courts in: a representative of the private sector as members.
a. All cases in which the constitutionality or
validity of any treaty, international or executive The Philippine Judicial Academy (PHILJA)
agreement, law, presidential decree, - training school for justices, judge, court personnel, lawyers
proclamation, order, instruction, ordinance, or and aspirants to judicial posts.
regulation is in question. - Created by the Supreme Court on March 16, 1996 by virtue
b. All cases involving the legality of any tax, of Administrative Order No. 35-96 and was institutionalized
impost, assessment, or toll, or any penalty on February 26, 1998 by virtue of Republic 8557.
imposed in relation thereto. -
c. All cases in which the jurisdiction of any lower The Philippine Mediation Center
court is in issue. - By Resolution A.M. No. 01-10-5-SC-PHILJA, dated October 16,
4. All criminal cases ion which the penalty imposed is 2001,
reclusion perpetua or higher. - Aims to decongest court dockets, among others, the Court
5. All cases in which only an error or question of law is prescribed guidelines in institutionalizing and implementing
involved. the mediation program in the Philippines.
6. Assign temporarily judges of lower court to other
stations as public interest may require. Such temporary Mandatory Continuing Legal Education Office
assignment shall not exceed six months without the - Implement the rules on Mandatory Continuing Legal
consent of the judge concerned. Education for members of the Integrated Bar of the
7. Order a change of venue or place of trial to avoid a Philippines (B.M. No. 850 Mandatory Continuing Legal
miscarriage of justice Education (MCLE)).
8. Promulgate rules concerning the protection and
enforcement of constitutional rights, pleading, practice, Court of Appeals
and procedure in all courts, the admission to the practice - Established by Commonwealth Act No. 3 (December 31,
of law, the Integrated Bar, and legal assistance to the 1935), pursuant to the 1935 Constitution (Art VIII, sec. 1),
underprivileged. Such rules shall provide a simplified and - Originally composed of eleven justices with Justice Pedro
inexpensive procedure for the speedy disposition of Concepcion as the first Presiding Justice.
cases, shall be uniform for all courts the same grade, and - Members: Republic Act No. 8246 to sixty-nine (69). With
shall not diminish, increase or modify substantive rights. Republic Act No. 8246, the Court of Appeals in Cebu, and
Rules of procedure of special courts and quasi-judicial Cagayan de Oro were established.
6
- Executive Order No. 33 and Republic Act No. 7902 provides party may appeal the decision to impose or not to
for the jurisdiction of the Court of Appeals as follows: impose said duties.
1. Original jurisdiction to issue writs of mandamus,
prohibition, certiorari habeas corpus, and quo warrant, Regional Trial Courts
and auxiliary writs or processes, whether or not in aid of - Second level courts
its appellate jurisdiction - divided into thirteen (13) judicial regions: National
2. Exclusive original jurisdiction over actions for annulment Capital Region (Metro Manila) and the twelve (12)
of judgment of Regional Trial Courts; and regions of the country, which are divided into several
3. Exclusive appellate jurisdiction over all final judgments, branches.
decisions, resolutions, orders or awards of: - The Supreme Court designates certain branches of
a. Regional Trial Courts regional trial courts as special courts to handle
b. quasi-judicial agencies, exclusively criminal cases, juvenile and domestic
c. instrumentalities, relations cases, agrarian cases, urban land reform cases
d. boards or commissions, including the Securities and that do not fall under the jurisdiction of quasi-judicial
Exchange Commission, the Social Security bodies.
Commission, the Employees Compensation - The Regional Trial Courts jurisdictions are defined as
Commission and the Civil Service Commission, follows:
except those falling within the appellate jurisdiction 1. All civil actions in which the subject of the litigation
of the Supreme Court in accordance with the is incapable of pecuniary estimation;
Constitution, the Labor Code of the Philippines 2. All civil actions which involve property exceeds
under Presidential Decree No. 442, as amended, the twenty thousand pesos (P 20,000.00) or, civil actions
provisions of this Act, and of subparagraph (1) of the in Metro Manila, where such value exceeds Fifty
third paragraph and subparagraph (4) of the fourth thousand pesos (P 50,000.00) except actions for
paragraph of Section 17 of the Judiciary Act of 1948. forcible entry into and unlawful detainer of lands or
buildings, original jurisdiction over which is
Sandiganbayan conferred upon the MeTCs, MTCs, and MCTCs;
- To maintain integrity, honesty and efficiency in the 3. All actions in admiralty and maritime jurisdiction
bureaucracy and weed out misfits and undesirables in where the demand or claim exceeds one hundred
government service (1973 Constitution (Art. XIII, sec. 5) and thousand pesos (P 100,000.00) or, in Metro Manila,
1987 Constitution (Art. XI, sec. 4)). where such demand or claim exceeds two hundred
- Restructured by PD No. 1606 as amended by RA No. 8249. thousand pesos (P 200,000.00);
- Composed of a Presiding Justice and fourteen (14) Associate 4. All matters of probate, both testate and intestate, where
Justices still in five Divisions of three (3) Justices each. the gross value of the estate exceeds One hundred
thousand pesos (P 100,000.00) or, in probate matters in
Court of Tax Appeals Metro Manila, where such gross value exceeds Two
- Created by RA No. 1125 on June 16, 1954, hundred thousand pesos (P 200,000.00);
- Review tax cases. 5. All actions involving the contract of marriage and
- Same level as the Court of Appeals as per RA 9282. marital relations
- Composed of six justices. 6. All cases not within the exclusive jurisdiction of any
- The Court of Tax Appeals has exclusive appellate jurisdiction court, tribunal, person or body exercising judicial or
to review by appeal the following: quasi-judicial functions;
1. Decisions of the Commissioner of Internal Revenue in 7. All other cases in which the demand, exclusive of
cases tax cases interest, damages of whatever kind, attorneys fees,
2. Decisions, orders or resolutions of the Regional Trial litigation expenses and costs or the value of the property
Courts in local tax cases originally decided or resolved by in controversy exceeds One hundred thousand pesos (P
them in the exercise of their original or appellate 100,000.00) or, in such other cases in Metro Manila,
jurisdiction; where the demand, exclusive of the above-mentioned
3. Decisions of the Commissioner of Customs in cases items exceeds Two hundred pesos (P 200,000.00) (Sec.
involving liability for customs duties and matters arising 19, Batas Pambansa Blg. 129, as amended by R.A No.
under the Customs Law or other laws administered by 7691).
the Bureau of Customs. 8. Original cases on the issuance of writs of certiorari,
4. Decisions of the Central Board of Assessment Appeals prohibition, mandamus, quo warranto, habeas corpus,
involving the assessment and taxation of real property and injunction which may be enforced in any part of
originally decided by the provincial or city board of their respective regions
assessment appeals; 9. Actions affecting ambassadors and other public ministers
5. Decisions of the Secretary of Finance on customs cases and consuls.
adverse to the Government under Section 2315 of the 10. Exercise appellate jurisdiction over MeTCs, MTCCs,
Tariff and Customs Code; MTCs, and MCTCs in their respective territorial
6. Decisions of the Secretary of Agriculture in the case of jurisdiction.
nonagricultural product, commodity or article, and the
Secretary of Agriculture in the case of agricultural Metropolitan Trial Courts (MeTC), Municipal Trial Courts in
product, commodity or article, involving dumping and Cities (MTCC), Municipal Trial Courts (MTC) and Municipal
countervailing duties under Section 301 and 302, Circuit Trial Courts (MCTC)
respectively, of the Tariff and Customs Code, and - First level courts established in each city and municipality.
safeguard measures under R.A. No. 8800, where either
7
- MeTCs, MTCCs, MTCs, and MCTCs shall exercise original level, Rules and procedures by decree 1508 and the
jurisdiction in Civil Cases as provided for in section 33 of Local Government Code, Title I, Chapter 7, sec. 339-422).
Batas Pambansa Blg. 129 is as follows: Aims to promote the speedy administration of justice by
1. Exclusive original jurisdiction over cases amount of the easing the congestion of court dockets. The Court does
demand does not exceed One hundred thousand pesos not take cognizance of cases filed if they are not filed
(P 100,000.00) or, in Metro Manila (P 200,000.00), first with the Katarungang Pambarangay.
2. Exclusive original jurisdiction over cases of forcible entry 2. Alternative Dispute Resolution (ADR) System - Republic
and unlawful detainer: Act No. 9285 - use of an alternative dispute resolution
3. writ of habeas corpus or applications for bail in criminal system, promote the speedy and impartial
cases in the province or city in the absence of the administration of justice and unclog the court dockets.
Regional Trial Court Judges. ADR system such as mediation, conciliation, arbitration
or any combination thereof.
Sharia Courts 3. Philippine Judicial Academy as the component unit of
- These special courts were created by sec. 137 of the Supreme Court for court-referred or court-related
Presidential Decree No. 1083 or the Code of Muslim mediation cases and alternative dispute resolution
Personal Laws. mechanism and establishing the Philippine Mediation
- Regional Trial Court Judge and should also be learned in Center.
Islamic law and jurisprudence. 4. Muslin law provides its own arbitration Council called
- Subject to the administrative supervision of the Supreme The Agama Arbitration Council.
Court. Appointment of judges, qualifications, tenure,
and compensation are subject to the provisions of the Constitutional Commissions
Muslim Code (Presidential Decree No. 1083. SDCs and - Civil Service Commission
SCCs have the same officials and other personnel as o Act No. 5 (1900), reorganized as a Bureau in 1905 and
those provided by law for RTCs and MTCs, respectively. established in the 1935 Constitution as Civil Service
Commission (RA 2260)
Quasi-Courts or Quasi-Judicial Agencies - Commission on Elections
- belonging to the Executive Department, but are o Created by a 1940 amendment to the 1935 Constitution
empowered by the Constitution or statutes to hear and whose primary function is to manage to maintain its
decide certain classes or categories of cases. authority and independence in the conduct of elections,
- Empowered by the Constitution: exercises administrative, quasi-judicial and judicial
1. Civil Service Commission, powers.
2. Commission on Elections o It was however decreased to seven with a term of seven
3. Commission on Audit. years without re-appointment by the 1987 Constitution.
- Quasi-judicial agencies empowered by statutes are: - Commission on Audit
1. Office of the President. o Examine, audit and settle all accounts pertaining to the
2. Department of Agrarian Reform, revenue and receipts of and expenditures or uses of
3. Securities and Exchange Commission, funds and property owned or held in trust by or
4. National Labor Relations Commission, pertaining to the Government including government
5. National Telecommunication Commission, owned and controlled corporations with original
6. Employees Compensation Commission, charters.
7. Insurance Commission, - The Bangko Sentral ng Pilipinas (Central Bank) is considered
8. Construction Industry Arbitration Commission, as a constitutional office in the official Philippine government
9. Philippine Atomic Energy Commission, directory.
10. Social Security System, Government Service Insurance
System, Local Governments
11. Bureau of Patents, Trademark and Technology, - Article X of the 1987 Constitution provides for the territorial
12. National Conciliation Mediation Board, and political subdivisions of the Philippines as follows:
13. Land Registration Authority, province, cities, municipalities and barangays.
14. Civil Aeronautics Board, - The 1991 Local Government Code or Republic Act No. 7160, as
15. Central Board of Assessment Appeals, amended by Republic Act No. 9009, provides the detail that
16. National Electrification Administration, implements the provision of the Constitution.
17. Energy Regulatory Board, - Each territorial or political subdivision enjoys local autonomy
18. Agricultural Inventions Board as defined in the Constitution. The President exercises
19. Board of Investments. supervision over local Governments.
- Decisions of these quasi-courts can be appealed to the - Each region is composed of several provinces
Court of Appeals except those of the Constitutional - Province is composed of a cluster of municipalities and
Commissions: Civil Service Commission, Commission on component cities (Local Government Code, Title IV, Chapter 1,
Elections and the Commission on Audit, which can be sec. 459).
appealed by certiorari to the Supreme Court (Art. IX-A, sec. - The Provincial government is composed of the governor,
7). vice-governor, members of the sangguniang panlalawigan and
other appointed officials.
Other Judicial Procedures - The city - component or highly urbanized.
1. Katarungang Pambarangay - Presidential Decree No. - The city government is composed of the mayor, vice-mayor,
1508, took effect December 11, 1978, and established a members of the sangguniang panlunsod (which is composed
system of amicably settling disputes at the barangay of the president of the city chapter of the liga ng mga
8
barangay, president of the panlungsod ng mga pederasyon ng 1. Statutes or statutory law - written enactment of the will
mga sangguniang kabataan and the sectoral representatives) of the legislative branch of the government rendered
and other appointed officials. authentic by certain prescribed forms or solemnities are
- The municipality consists of a group of barangays more also known as enactment of congress. 2 types:
- The municipal government is composed of the mayor, vice- a. Constitution (enactment of the people not
mayor, sangguniang members (which is composed of legislative)
president of the municipal chapter of the liga ng mga b. Legislative enactments.
barangay, president of the pambayang pederasyon ng mga 2. Jurisprudence - or case law - is cases decided or written
sangguniang kabataan and the sectoral representatives) and opinion by courts and by persons performing judicial
other appointed officials. functions. Only decisions of the House of
- The Barangay is the smallest local government unit which is Representatives Electoral Tribunal are available in print
created, divided, merged, abolished or its boundary altered by as House of Representatives Electoral Tribunal Reports,
law or by an ordinance of the sangguniang panlalawigan or volume 1 (January 28, 1988-October 3, 1990) to present.
sangguniang panlunsod, subject to the approval of majority For Muslim law, the primary sources of Shariah are
votes casts in a plebiscite conducted by the Comelec (Local Quran, Sunnaqh, Ijma and Qiyas. Jainal D. Razul in his
Government Code, Title I, Chapter 1, sec. 384-385) book Commentaries and Jurisprudence on the Muslin
- The Philippines is divided into the following local government Law of the Philippines (1984) further stated there are
units: new sources of Muslim law, which some jurists rejected
Region I (ILOCOS REGION) such as Istihsan or juristic preference; Al-Masalih, Al
Region II (CAGAYAN VALLEY) Mursalah or public interest; Istidlal (custom) and
Region III (CENTRAL LUZON) Istishab. (deduction based on continuity or
Region IV (CALABARZON & MIMAROPA) permanence).
Region V (BICOL REGION) Legal Sources:
Region VI (WESTERN VISAYAS) - The legislature promulgates statutes, namely: Act,
Region VII (CENTRAL VISAYAS) Commonwealth Act, Republic Act, Batas Pambansa.
Region VIII (EASTERN VISAYAS) - Executive promulgates presidential issuances (Presidential
Region IX (ZAMBOANGA PENINSULA) Decrees, Executive Orders, Memorandum Circular,
Region X (NORTHERN MINDANAO) Administrative Orders, Proclamations, etc.), rules and
Region XI (DAVAO REGION) regulations through its various departments, bureaus and
Region XII (SOCCSKSARGEN) agencies.
Region XIII (CARAGA) - The Judiciary promulgates judicial doctrines embodied in
Autonomous Region in Muslim Mindano (ARMM) decisions.
Cordillera Administrative Region (CAR) - Presidential Decrees or law issued by President Ferdinand E.
National Capital Region (NCR) Marcos during Martial Law and Executive Orders issued by
- The Caraga Administrative Region (Region III) was created by Aquino President Corazon C. Aquino before the opening
Republic Act No. 7901, which was passed by both houses of Congress in July 1987 can be classified as legislative acts,
Congress and approved by the President on February 23, there being no legislature during these two periods.
1995. Classification of Legal Sources
- The Autonomous Region in Muslim Mindanao was created by a. Classification by Authority
Republic Act No. 6734 was passed by both houses of 1. Primary authority are those that contain actual law or
Congress on February7, 2001 those that contain law created by government. Primary
- The Cordillera Autonomous Region was created by Republic Authority is the only authority that is binding on the
Act No. 6766, which was approved on October 23, 1989. courts. Subdivisions:
a. Mandatory primary authority is law created by the
Other Government Agencies jurisdiction in which the law operates like the
1. Commission on Human Rights Philippines;
o for cases of violation of the human rights (Art. XIII, b. Persuasive mandatory authority is law created by
sec. 17). Specific powers and duties are expressly other jurisdictions but which have persuasive value
provided for by section 18 of the 1987 to our courts e.g. Spanish and American laws and
Constitution. It is composed of a Chairperson and jurisprudence as used when there are no
four (4) members Philippine authorities available or when the
2. Office of the Ombudsman Philippine statute or jurisprudence under
o protectors of the people for they are tasked to act interpretation is based on either the Spanish or
promptly on complaints filed against public officials American law;
or employees of the government including 2. Secondary authority or sources are commentaries or
government owned and controlled corporations books, treatise, writings, journal articles that explain,
(Art. XI, sec. 12). discuss or comment on primary authorities, opinions of
the Department of Justice, Securities and Exchange
LEGAL SYSTEM Commission or circulars of the Bangko Sentral ng
Pilipinas. These materials are not binding on courts but
Nature of Legal System they have persuasive effect and/or the degree of
- unique legal system because it is a blend of civil law (Roman), persuasiveness. With regards to commentaries or
common law (Anglo-American), Muslim (Islamic) law and books, treatise, writings, journal articles, the reputation
indigenous law. or expertise of the author is a consideration.
- 2 primary sources of the law:
9
Chief Justice Ramon C. Aquino and Justice Carolina Grino b. Subscription basis Subscription may be made solely
Aquino on Revised Penal Code or Criminal Law, for court decisions or statutes or for both. CD Asia
Senator Arturo M. Tolentino on Civil law, online contains full-text of Supreme Court decisions
Chief Justice Enrique M. Fernando and Fr. Joaquin Bernas and statutes, available on a subscription basis.
on Constitutional Law, - There are two other sources for electronic full-text decisions
Prof. Perfecto Fernandez on Labor Law, of the Philippine Supreme Court: 1) Fluxfun Larc and Central
Vicente Francisco, Chief Justice Manuel Moran on Books eSCRA . Both can be accessed online with the use of
Remedial Law, desktops, laptops, notebooks, and ipads. Fluxfun Larc is on
Justice Vicente Abad Santos and Senator Jovito Salonga open access while eSCRA is for subscription.
on International Law, etc. - The established policy is that in case of conflict between the
b. Classification by Source printed and electronic sources, the printed version coming
1. Primary sources are those published by the issuing from the issuing government agency prevails.
agency itself or the official repository, the Official
Gazette. The Official Gazette online was launched by the c. Classification by Character - refers to the nature of the
Office of the President in July 2010. subject treated in books.
a. Supreme Court decisions, the primary sources are: 1. Statute Law Books,
- the Philippine Reports - revived by then Chief 2. Case Law Books or Law Reports
Justice Enrique M. Fernando 3. a combination of both
- the individually mimeographed Advance 4. Law Finders. - refer to indexes, citators, encyclopedias,
Supreme Court decisions - the Supreme Court E- legal dictionaries, thesauri or digests. Federico Morenos
Library is complete and updated as soon as the Philippine Law Dictionary, the only available Philippine
decisions have been certified by the Chief law dictionary was last published in 1988, and, Jose
Justice. Agaton Sibals Philippine Legal Thesaurus, which is
- Official Gazette. likewise considered a dictionary, was published in 1986.
2. The Secondary Sources are the unofficial sources and Foreign law dictionaries like Blacks Law Dictionary,
generally referred to as those commercially published or Words and Phrases are used as alternate.
those that are not published by government agencies or
instrumentalities. Examples: PHILIPPINE LEGAL RESEARCH
- Vital Legal Documents, - (Central) contains a
compilation of Presidential Decrees (1973), Definitions:
Republic Acts. - Statute law
- Prof. Sulpicio Guevara published three books, o Statute laws are the rules and regulations promulgated
which contain s the full text of legislative by competent authorities; enactments of legislative
enactments or laws namely: a). Public Laws bodies (national or local) or they may be rules and
Annotated (7 vols.), compilation of all laws from regulations of administrative (departments or bureau)
1901 to 1935, b). Commonwealth Acts or judicial agencies. The deliberations of these laws
Annotated (3vos.), compilation of laws from must be consulted.
1935-1945 c). The Laws of the First Philippine - Constitution
Republic (The Laws of Malolos) 1898-1899. o The Constitutional Convention proceedings provide for
- For the Supreme Court decisions, Supreme the intent and background of each provision of the
Court Reports Annotated (SCRA), (Central Book Constitution.
Supply) o Sources for the 1934-1935 Constitutional Convention
- The general rule is that in the absence of a primary source, are: 10 volumes of the Constitutional Convention
the secondary source may be cited. Record by the House of Representatives (1966),
- Reasons for electronic sources: Salvador Laurel's seven volumes book entitled
a) no complete and updated legal information available; Proceedings of the Constitutional Convention (1966); 6
b) the search engines utilizing the electronic or digitized volumes of the Philippine Constitution, Origins,
method facilitate research Making, Meaning and Application by the Philippine
c) no complete and update manually published search tools Lawyers Association with Jose Aruego as one of its
for statute and case law. editors (1970) and Journal of the Constitutional
- Types of Online access: convention of the Philippines by Vicente Francisco.
a. Open access for law is used for both the government o Proceedings of the 1973 Constitutional Convention
and the private sector. The Chan Robles Law Firm were never published. A photocopy and softcopy of the
Library and Arellano Law Foundation Lawphil use open complete compilation is available at the Filipiniana
access in their electronic libraries, which contains the Reading Room of the National Library of the Philippines.
full-text of all sources of Philippine legal information, o Journals (3 volumes) and Records (5 volumes) of the
case law and statute law. Official Gazette online, Constitutional Convention of 1986 were published by
launched in July 2010. It contains the issuances of all the Constitutional Commission. This publication does
the executive departments, which are found also in the not have an index. This problem was remedied when
websites of the different executive departments. They CD Technologies Asia Inc. came out with a CD-ROM
aim (as reflected in their website) to include the version, which facilitated research for it has a search
issuances of the legislative and the judiciary. The engine. The proceedings and text of the 1935, 1973 and
Supreme Court E-Library is an electronic library (online 1987 Constitutions will be available at the Supreme
and CD rom for decisions updated quarterly) for all Court E-Library.
Philippine legal information, case law and statute law.
10
published in full text. Exceptions to the filing the year it was promulgated is a must, or if no year is
requirement" are Congress, Judiciary, Constitutional available, the President issuing it must be stated.
Commission, military establishments in all matters 2. Administrative rules and regulations have been
relative to Armed Forces personnel, the Board of facilitated due to the two developments: a) government
Pardons and Parole and state universities and colleges. agencies, including government owned and controlled
- Case Law or Judicial decisions corporations, have their own websites and at the Official
o Interpretations or manifestation of law made by persons Gazette and Official Gazette online where they include
and agencies of the government performing judicial and the full-text of their issuances, and b) the National
quasi-judicial functions. At the apex of the Philippine Administrative Register, which is available in print, CD-
Judicial System is the Supreme Court, or what is referred Rom and in the Supreme Court website. In handling
to as court of last resort. these types of materials, there are two important items
o Conventional decisions are decisions or rulings made by needed: a.) Issuing Agency and b.) Year it was
regularly constituted court of justice. promulgated.
o Subordinate decisions are those made by administrative 3. Statues - no up-to-date or complete Statutes finders.
agencies performing quasi-judicial functions. Those published are listed in the Philippine Legal
o The Judicial Reform Program of the Supreme Court with Information Resources and Citations (part II of the 2009
the establishment of the Supreme Court E-Library aims Update). As previously stated, to facilitate legal research,
to address this problem and also those from statute law. one has to go online to virtual libraries such as the
The decisions of the Supreme Court, Court of Appeals, Supreme Court E-Library, Chan Robles Virtual Law
Sandiganban and the Court of Tax Appeals will be made Library, Arellano Law Foundations The Lawphil Project,
available in the Supreme Court E-Library. and CD Asia Technologies or the different databases in
o The Reporters Office of the Supreme Court and the Court CD ROM such as those of CD Asia Technologies Asia
of Appeals keep all the original and complete copies of Inc.,
the court decisions. For the rest of the members of the 4. Case laws and Supreme Court Decisions (Annex 1)
Judiciary or the quasi-judicial agencies, copies of their 5. Court of Appeals Decisions (Annex 2)
decisions may be taken from the Legal Office, Office of 6. Decisions of Special Courts
the Clerks of Court or their libraries. a. Sandiganbayan and the Court of Tax Appeals do not
- Supreme Court Decisions have published decisions. The Sandiganbayan has
o Decisions of the Supreme Court bind the lower courts only one volume published; Sandiganbayan Reports
and are a source of law, the law of the land. It is the vol. 1 covers decisions promulgated from December
judgment of this court which determines whether a law 1979 to 1980. Sandiganbayan decisions are now
is constitutional or not. Unconstitutional laws even being complete online starting from the latest to its
though it is signed by the President and passed by both first decision.
house of congress cannot take effect in the Philippines. b. Court of Tax Appeals decisions from 1980 to 2004
o Decisions of the Supreme Court are classified as follows: are found in the Lex Libris particularly in Taxation CD
Regular decisions" and extended Resolutions are ROM. Court of Tax decisions are now being
published in court reports either in primary or complete online starting from the latest to its first
secondary sources. These decisions provide the decision
justice who penned the decision or ponente and the c. Decisions of Administrative Agencies, Commissions
other justices responsible for promulgating the and Boards. Laws have been promulgated which
decision, whether En Banc or by Division. grants some administrative agencies to perform
Separate dissenting and/or concurring opinions are quasi-judicial functions distinct from their regular
likewise published with the main decision. These administrative or regulatory functions where rules
regular and extended resolutions are available and regulations are promulgated. The Securities
electronically in the Supreme Court E-Library under Regulations Code (Republic Act No. 8799) signed by
Decisions. President Joseph E. Estrada on July 19, 2000 affects
o Unsigned Minute Resolutions are not published. Securities and Exchange Commission's (SEC) quasi-
Although they bear the same force and effect as the judicial functions. The other agencies performing
regular decisions or extended resolutions, they are said functions are National Labor Relations
signed and issued by the respective Clerks of Court En Commission (NLRC), Insurance Commission, Housing
Banc or by either of the three (3) Divisions. Since these and Land Use Regulatory Board (HLURB),
Minutes Resolutions are not published, the Supreme Government Service Insurance System (GSIS), Social
Court has now incorporated these Minute Resolutions, Security System (SSS) and even the Civil Service
more particularly those that resolve a motion for Commission (CSC). Some of their decisions are
reconsideration or those that explain or affirm a published in the Official Gazette. Some have their
decision; and (2) Administrative Matters in the Supreme own publication such as the SEC and the CSC or
Court E-Library, under RESOLUTIONS. some include them in their own websites. CD Asia
- Court of Appeals decisions Technologies Lex Libris series has individual CD
o Decisions of the Court of Appeals are merely persuasive ROMs for the Department of Justice, Securities and
on lower courts. Exchange Commission, Bangko Sentral ng Pilipinas
(Central Bank of the Philippines), and the Bureau of
Researching: Internal Revenue. Included in these individual CD
1. Proclamations, Administrative Orders, Executive Orders ROMs are the pertinent laws, their respective
and Memorandum Orders & Circulars of the President, issuances as well as Supreme Court decisions. It CD
ROM on Labor (vol. VII) incorporated issuances from
12
- Office of the Reporters Case Index. Manila: - Majul, Cesar Adib. The General Nature of Islamic
Supreme court January 2009 Law and Its Application in the Philippines. (1976)
- Santos-Ong, Milagros. Title Index to Supreme Property
Court Decisions, 1945-1978. Q.C.: UP Law Center - Rabuya, Elmer. Property. Manila: Rex Book Store,
(1981) 2v Inc. (2008)
- Sibal, Jose Agaton. Velayos Digest General Index. - Pineda, Ernesto. Law on Property. Q.C.: Central
Q.C.: Central Book Supply (1980) 2v. Book Supply (2009) 765p
- Gupit, Fortunato, Jr. Supreme Court Doctrines. - Rodriguez, Rufus. The Law on Property. Manila:
Manila: Rex Book Store (1975-1977) 3v. Rex Book Store (1986) 363p
5. Treatise/Annotations/Commentaries Sales
a. Civil Law - Baviera, Araceli. Sales. Q.C.: U.P. Law Complex
- Santiago, Miriam. Civil Code Annotated. Q.C.: (2005) 222p
Central Book Supply, Inc. (2000) 1457p. - Villanueva, Cesar. Law on Sales. Manila: Rex
- Vitug, Jose. Civil Law. Manila: Rex Book Store, Book Store (2009)
Inc. (2006) 4v - De Leon, Hector. Law on Insurance and Sales. 6th
- Sison, Carmelo. Civil Code Reader. Q.C.: UP Law ed. Manila: Rex Book Store ( (2011)
Center (2005) 768p. Succession
Agency - De, Leon Hector. Comments and Cases on
- Francisco, Vicente J. Agency. Manila: East Succession. Manila: Rex Book Store (2012)
Publication (1952) 398p. - Nolledo, Jose. Inheritance Law in the Philippines.
- Padilla, Ambrosio. Agency: Text and Cases. Manila: Rex Book Store (1996) 523p
Manila: National Book Store (1986) 223p - Pineda, Ernesto. Succession & Prescription. Q.C.:
Conflicts of Laws Central Books Supply (2009)
- Diy, Alicia. Handbook on Conflict of Law (2004) Torts and Damages
- Paras, Edgardo. Philippine Conflict of Laws. 8th - Aquino., Timoteo. Torts and Damages. Manila:
ed. Manila: Rex Book Store (1996) 450p. Rex Book Store (2005) 947p
- Salonga, Jovito. Private International Law. - Ulep, Mariano. MCQ Bar Reviewer in Public
Manila: Rex Book Store, Inc. (1995) 570p. Corporations.. Q.C.: Central Book Supply (2011)
Credit Transactions - Suarez, Rolando. Torts and Damages. Manila: Rex
- Lat, Igmidio. Law on Mortgage. 1st ed. Q.C.: Book Store ( (2011)
Central Books Supply b. Commercial Law
- De Leon, Hector. Comments and Cases on Credit - Catindig, Tristan. Notes and Cases on Commercial
Transactions. Manila: Rex Book Store, (2010) Law (2003)
- Rodriguez, Rufus. Credit Transactions. - Negolitable Instruments Law. Manila: National
Q.C.:Central Book Professional Books Inc. (2002) Book Store (1995) 310p
Lands Titles and Deeds - Vitug, Jose.Commercial Law and Jurisprudence.
- Aguilar, Narciso. Land Titles and Deeds. Q.C.: Manila: Rex Book Store (2006)2v
Central Book Supply (2005) 619p c. Criminal Law
- Bilog, Gregorio. Land Titles and Deeds. Manila: - Campanilla, M. Special Penal Laws. Manila: Rex
Rex Book Store (2005) 634p Book Store (2010) 4vols
Obligations and Contracts - Garcia, L. Practitioners Guide in Probation Law.
- Agpalo, Ruben. Obligations and Contracts. Manila: Rex Book Store (2009)
Manila: Rex Book Store (2008) 512p - Kapunan, Ruperto. Criminal Law; Book 1. Manila:
- Alconera. Obligations and Contracts. Q.C.: Rex Book Store (1998) 245p
Central Books Supply d. Environmental Law
- Torres, Justo. Obligations and Contracts. - Oposa, Antonio. The Laws of Nature and Other
Manila: Rex Book Store (2003) 355p. Stories. Muntinlupa City: Law of Nature
Partnership Foundation (2003) 504p
- Nolledo, Jose. Partnership Law and Agency Law e. Labor Law
Explained (1988) - Abad, Antonio. The Law on Labor Standards.
- Pineda, Ernesto. Partnership, Agency and Trusts. Manila: Rex Book Store (2008) 241p
Q.C.: Central Book Supply (2006) - Azucena, Cesario Alvero Jr. Essential Labor Law .
- Torres, Justo. Law on Business Organization. Manila: Rex Book Store (2002) 768p
Manila: Rex Book Store (2000) 367p - Amador, Vicente. Law on Strikes. Q.C.: Central
Persons and Family Relations Books Supply (1999) 357p
- Albano. Ed Vincent. Family Code of the f. Legal Ethics and Judicial Ethics
Philippines. 2nd ed. Manila: Rex Book Store, - Apostol, Sergio. Essentials of Judicial & Ethics.
(2001) 654p Q.C.: Central Book Supply (2002)
- Pineda, Ernesto. Legal Separation. Q.C.: Central - Aquino, David. Introduction to Law. Q.C.: Central
Books Supply (1994) 140p Book Supply (2011) 269p
- Reyes. Rules on Guardianship of Minors (2003) - Cosico. Book on Legal and Judicial Ethics. Manila:
Muslims and Personal Laws Rex Book Store (2011)
- Alauya, Saaduddin A. Muslim Inheritance Law. g. Legal Medicine
3rd ed. Manila: Rex Book Store (2005) 209p - Ng, Peter. Forensic Science. Q.C.: Central Book
Supply (2007)
15
- Solis, Pedro. Legal Medicine. Q.C.: R.P. Garcia e. Commercial - By Subscription eSCRA,
(1987) 778p www.cdasiaonline.com
- Maligaya, Renato. Legal Medicine. Manila: Rex 2. CD-ROMS
Book Store (2007) 647p a. !e-library! A Century & 4 Years of Philippine
h. Legal Philosophy Supreme Court Decisions 1901- April 2004
- Santiago, Miriam. Political Philosophy (2003) b. CD Asia Technologies Inc - LEX LIBRIS series of legal
- Rodriguez, Rufus. Introduction to Law. Manila: publications on CD-ROM currently has eleven
Rex Book Store, Inc. (2001) 193p volumes
- Pascual, Crisolito. Introduction to Legal 3. Philippine Legal Publisher
Philosophy. Q.C.: UP Law Center (1997) 572p a. Institutional Publishers - National Printing Office,
i. Legal Research and Writing Supreme Court of the Philippines, University of the
- Rodriguez, Rufus. Legal Research. Manila: Rex Philippines Law Center
Book Store (2002) 234p b. Commercial Publishers - Rex Book Store Legal
- Santos-Ong, Milagros. Philippine Legal Research. Materials, C & E Publishers National Book Store
Q.C.: Central Book Supply (2007)
- Waga. Handbook on Contract Drafting. Manila: Philippine Legal Citations
Rex Book Store (2002)
j. Political Law Uniform standard of Philippine citation is needed for clarity, and
- Cruz, Isagani. Constitutional Law. Q.C.: Central consistency.
Book Supply (2007) 503p
Manuals of legal citation:
- Santiago, Miriam. Constitution Annotated. Q.C.:
Feliciano, Myrna. Philippine Manual of Legal Citations (5th
Central Book Supply (1999) 778p
ed. 1999)
- Santiago, Miriam. Politics and Governance with
Supreme Courts Manual of Judicial Writing (2005).
Philippine Constitution. Q.C.: Central Book
Fundamentals of Decision Writing for Judges. Manila:
Supply (2002) 282p
Philippine Judicial Academy (2009)
k. Remedial Law
- Affairs Service of the PNP Annotated. Q.C.:
Sources of Law
Central Book Supply (2007). 151p
- Martin, Ruperto. Rules of Court. Manila:
1. Statutes
Premium Pub. (1981-1989) 6 vols
a. Constitution - Cited by reference to the article, section
- Paras, Edgardo. Rules of Court. Manila: Rex Book
and the paragraph. For both manual, the year is placed
Store (1991-1992) . 5 v
in parenthesis when the Constitution is no longer in
6. Trial Technique and Practice
force.
- Aquino, Hilarion. Aspects of Jurisdiction (2003)
Example:
- Bellosillo, Josue. Effective of Pre-Trial (1991)
Const. (1935), Art. VIII, Sec. 1
- Garcia, Rufino. Practitioners Guide on Probation
Const. (1973), Art. X, Sec. 1
(2005)
Const, (1987)Art. VIII, Sec. 1
7. Statutory Construction
b. Statutes proper - Laws passed by the Legislative
- Agpalo, Ruben. Statutory Construction. Manila: Rex
Department from 101 to present are cited as follows:
Book Store (2009)
a.2.1 Laws 1901-1934
- Gonzaga, Luis. Statutes and Their Construction
Act No. 136 (1901)
(1969)
a.2.2. Commonwealth Acts, 1935-1945
- Suarez, Rolando. Statutory Construction. Manila:
Com. Act No. 35 (1935)
Rex Book Store (2007) 233p
a.2.3. Republic Acts, 1946-1972, 1987-present
8. Taxation
Rep. Act No. 88 (1946)
- Aquino, David. The Tax Navigator: A Casebook.
a.2.4. Presidential Decrees, September 21, 1972
Q.C.: Central Book Supply (2006) 130p
February 1986
- Dimaampao, Japar. Basic Approach of Taxation.
Pres. Decree No. 442 (1972)
Manila: Rex Book Store (2011)
a.2.b. Batas Pambansa, January 1979- February 1, 1986
- Mamalateo, Victorino. Philippine Tax Treaties.
Batas Blg. 129 (1980)
Manila: Rex Book Store (2010)
c. Treaties - Cited by the name of the treaty and the date
B. Electronic Sources
when the treaty was signed
1. Philippine On-Line Sources
Philippines Extradition Treaty with the United
a. Supreme Court E-Library - aims to be the primary
States, November 27, 1981. 8 PTS 978 -
research tool in the speedy delivery of justice. It
Source
includes all the sources of law, and all Philippine
d. Executive/Presidential Issuances - Presidential issuances
legal materials digitized from primary sources
are cited by the number of the issuance and followed by
b. Law offices -Chan Robles Law Firm Virtual Law
the date of issuance. The date is important for each
Library and Jaromay, Laurente Law Office On Line
year, the number starts with the first number (No. 1)
Library
a.4.1 Executive Orders
c. Law Schools - Arellano Law Foundation
Exec. Order No. 200 (1986)
d. Open Source/Private - http://www.gov.ph/,
a.4.2. Proclamations
www.chanrobles.com,http://www.fluxfun.com/legal
Proc. No. 1081 (1972)
-archive-lark/,Downloads like LAW JUAN
a.4.3. Administrative Orders
Adm. Order No. 200 (2005)
16
a.4.4..1 General Orders Example: Ong v. People, G.R. No. 139006, November 27,
Gen. Order No. 1 (1972) 2000, 346 SCRA 117
a.4.4.2 Letters of Instructions
L.O.I. No. 2 (1972) Citations Repeatedly Used
a.4.4.3 Letters of Implementation
L.O. Impl. No. 1 (1972) a. Ibid used for successive citation of the same volume
a.4.4.4. Letters of Authority and the same page or exactly the same document
L.O.A. No. 1 (1972) b. Id used in successive citations but different page.
e. Administrative Rules and Regulations - They are cited by c. Supra used to identify the citation that has been
the abbreviation of the name of each agency, followed previously cited whether on the same page or a previous
by the name of the specific rule or regulation. page.
DOE Adm. Order No. 1 (2006) d. Supra note is used when the citation previously cited is
f. Ordinances - They are cited by providing the name of the too far.
city, municipality or the province, followed by the
ordinance number and the date. Bibliography
Manila Ordinance No. 1, June 21, 2004.
g. Court Rules- name, followed by the rule number and 1. Agpalo, Ruben. Philippine Constitutional Law. Manila:
section. Rex Bookstore (2006) 730p
Example: Rule of Court, Rule 14, sec.1 2. Sison, Carmelo. Essentials of the 1987 Constitution. Q.C.:
Criminal Procedure, Rule 115, se. 1 (2000) JMC Press (2000) 4 vols. In 3
Civil Procedure, Rule 70, sec. 1 (1997) 3. Mendoza, Vicente. The Supreme Court under the
Constitution. Q.C.: UP Law Center (1977) 155p.
2. Court Decisions - cited by the family name of the parties, the
volume number, Court Report title, page of the court report,
and the year of promulgation in parenthesis.
Example : Ong v. Court of Appeals, 399 Phil. 686 (2000)
Other Rules:
a. Jurisprudence is cited based on its source - cited by the
family name of the parties, the volume number, page,
and date of promulgation in parenthesis.
Example: Ong v. People, 399 Phil. 686 (2000)
b. If taken from a Secondary Source - cited by the family
name of the parties, G.R. number, date of promulgation
and the volume number of the Reports and its page.