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B. Spanish Period
I. Historical Evolution of PH law - An overview ● The Spanish time lasted for 377 years (from when Magellan discovered the
● Pre-Spanish period (ante 1521) PH until 1898 after the Battle of Manila Bay)
● Spanish regime (1521-1898) ● Spain initially ruled the PH from Mexico thru the Council of Indies in Spain
● American period (1891-1946) ○ The Council exercised executive, legislative, and judicial powers
● Japanese Occupation (1941-1944) ● The King of Spain used royal decrees to exercise legislative power over the
● PH Republic (1946-1972) colonies
● Martial law period (1972-1986) ○ In addition to these were laws with general application, such as:
● Present ■ Fuero Jusgo
■ Fuero Real
A. Pre-Spanish period ■ Las Sietes Partidas
● Refers to the time before Ferdinand Magellan set foot in PH soil (March 16, ■ Las Leyes de las Indias
1521) ■ La Novisima Recopilacion
○ Discovery of the PH was 1480-1521 ● During the last 50 yrs of Spanish rule, Spain extended the application of
● Indonesian and Malay migrants set up barangays in the rich deltas of the new codes + statutes to the PH
PH archipelago ○ Civil Code 1889
○ Each barangay was an independent and self-sustaining political ○ Code of Commerce 1885
unit ○ Penal Code 1870
○ Barangay head - datu ○ Code of Civil Procedure 1853
○ Barangay groupings were under a higher chief called the rajah ○ Mortgage Law 1861
● Early Filipino chiefs made laws upon consultation with lesser chiefs ○ Notarial Law 1862
○ Most laws were unwritten (word of mouth from generation to ○ Marriage law 1870
generation), and eventually evolved to native customs and ○ Code of Criminal Procedure 1882
traditions ● May 5 1583: the Royal Audiencia was est. in Manila until the end of the
■ This is called customary law Spanish regime in 1898
● Relics of Pre-Spanish written laws: ○ The Audiencia was not an exact model of the present SC
○ Code of Kalantiaw ● During the fight for PH independence against Spain, the provisional
○ Maragtas Code revolutionary gov’t would issue decrees, orders, and proclamations to
● Barangays administered their own brand of justice govern it’s habitant’s conduct
○ The datu (assisted by community elders) presided over the court ○ Leaders would make diff. Drafts of constitutions
○ Cases were settled through mediation, but if the parties could not ■ The most significant of these was the Malolos
agree, a public hearing was held Constitution
○ Witnesses took their oaths + parties were bound to abide by the ● Malolos Constitution
council’s decision, which was final ○ est. the short-lived PH Republic
○ The procedure in resolving controversies is the idea behind the ○ Provided for a trinity of powers (w/ the executive power in the hands
present Katarungang Pambaranggay Law of one person)
■ Compels barangay residents to enter first into conciliation ○ Legislative power -> in a representative body
before they can file action in court ○ Judicial power -> lodged in the SC and lower courts
■ Shared the legislative function with the PH Commission
C. American Period ○The PH Commission was the upper chamber, while the PH
● Started with the cession of the PH to the U.S. (formalized in the Treaty of Assembly was the lower chamber
Paris signed on Dec. 10, 1898) ○ The PH Commission enacted Act No. 136 or the Judiciary Act of
○ This cession saw the evolution of the law making process under a 1901, w/c created a three-level court system w/ the SC as the
constitutional gov’t highest court.
● The Consti of the US was never formally extended to the PH ■ The PH Autonomy Act of 1916 (or Jones Law) further
● The organic acts that defined the structure + organization of the PH gov’t changed the structure of the gov’t
were: ■ It vested the general legislative powers in a legislature
○ Instructions of Pres. William McKinley to the PH Commission of (Apr composed of two houses (Senate + HoR)
7 1900) ● Commonwealth gov’t
○ Act of Congress (July 1 1902) ○ The Tydings-McDuffie Law provided for a 10 yr transition period
○ PH Bill of 1902 (aka the Cooperatives Act) to the grant of independence
○ Act of Congress of Aug 29 1916 (PH Autonomy Act) (aka the Jones ■ Empowered the Filipinos to formulate their own Consti
Law) ○ The Consti was drafted + approved by a constitutional convention
○ PH Independence Act of 1934 (Tydings-McDuffie Law) on Feb 19 1935
● Military gov’t ■ After being signed by US Pres. Franklin Roosevelt, it was
○ From Aug 1898 to Sept 1900, the military governor exercised all ratified by the Filipino people on May 14 1935
the gov’t powers in the Islands (inc. legislative power) ○ A presidential form of gov’t when the Consti was amended in 1940,
○ The PH Commission later assumed the legislative functions of the composed of a Senate + HoR
military governor (this paved the way for a dichotomous civil + ○ Judicial power was vested in one SC and other inferior courts, but
military gov’t), with him exercising executive power + the the Nat’l Assembly enacted Commonwealth Act No.3 w/c created
Commision for the legislative power the Court of Appeals
○ For judicial power, the military governor organized military ■ This relieved the SC of minor cases/ gave it more time to
commissions + courts, and suspended the civil jurisdiction of the consider the more important ones
Audiencia de Manila + other local minor courts
■ Later, General Order No.20 re-est. The Audiencia, court of D. Japanese Period
first instance, and justice of the peace courts ● A hiatus in the Commonwealth period occurred when the Japanese Imperial
○ Legislation during the military period came down in the form of Forces occupied the PH for 3 yrs (After American successfully liberated the
General Orders islands)
● Civil gov’t ● During the 3 yr rule, a 1943 Consti was drafted + ratified by a special
○ July 4 1901: the Spooner Amendment abolished the position of national convention
Military Governor + transferred the executive power to the ○ This led to the short-lived Japanese sponsored republic
Chairman of the PH Commission (who acted as the Civil Governor) ● Exec power was held by PH president Jose P. Laurel
■ This made the gov’t structure parliamentary in form ● Legislative power was held by the Japanese sponsored Executive
○ The Civil Governor also took active part in lawmaking Commission
○ The PH Commission, whose members were cabinet secretaries, ○ This restored the SC, CA, Courts of First Instance, and the
was the lawmaking body municipal and justice of the peace courts
○ A PH Assembly was created after the passage of the PH Bill of 1902
● During the Jap Occupation, the Commonwealth functioned in Washington A. Sources of Law
DC ● The 3 branches of the PH gov’t have diff. Roles in the law-making process
● These roles and the interplay balance the law-making power, w/ each
E. PH Republic branch checking the law-making power of the two
● July 4 1946: when PH was inaugurated as a Republic
○ The PC continued w/ the American style of presidential form of gov’t B. Structure of Gov’t
(in accord w/ the 1935 Consti [organic law]) ● The gov’t of the PH is republican in form + under a presidential system
○ The basic powers of gov’t were distributed among the exec, leg, ○ It is also unitary + centralized w/ the principle of separation of
and jud powers
● The PH Republic except that w/ the declaration of Martial Law ● In the exercise of functions allotted to Exec, Leg, and Jud departments
○ During this period, the 1973 Consti was in effect (under the 1987 Consti), each dept. Is supreme, coordinate, and coequal w/
■ It est/ a parliamentary form of gov’t (w/c was never the others
implemented) + merger of exec and leg powers ● Executive Department
● The 1973 Consti was amended in 1980 + 1981 ○ The Consti vests the exec power in a Pres who:
● ML was lifted on Jan 17, 1981 + military tribunals were abolished by ■ has control of all exec departments, bureaus and offices
Proclamation No. 2045 ■ Exercises general supervision over local gov’ts
● June 16 1981: presidential election was held and Marcos was re-elected :( ■ Ensures laws are faithfully executed
○ He proclaimed the birth of the Fourth Republic under the New ○ The Consti also:
Constitution ■ invests the President with powers of Commander-in-Chief
● Aug 21 1983: former Senator Benigno Aquino was assassinated and an of all armed forces of the Philippines
economic crisis ensued ■ empowers this office (under certain circumstances and
● May 14 1984: elections for the congressional seats in the Batasang conditions) to suspend the privilege of the writ of habeas
Pambansa was held corpus or place the Philippines under martial law for a
● July 24 1984: the legislature convened limited period
● Nov 3 1985: Marcos announced the calling of a special presidential election ○ Note: A state of martial law does NOT:
(w/c paved the way for the ouster of Marcos after the 4 day “People Power” ■ suspend the operation of the Constitution
revolution on Feb 25 1986) ■ supplant the functioning of the civil courts or legislative
● Cory Aquino then took her oath as Pres assemblies
○ During her administration, a Constitutional Commission was ■ authorize the conferment of jurisdiction on military courts
constituted w/c drafted the 1987 Consti) and agencies over civilians (where civil courts are able to
■ The 1987 Consti deals primarily with function)
● Social justice ■ automatically suspend the privilege of the writ
● National economy ● Suspension of this privilege applies ONLY to those
● Family rights judicially charged for rebellion OR offenses
● Education + human resources inherent/ directly connected w/ invasion
● Commission on Human Rights ○ Other presidential powers:
● Autonomous regions ■ authority to nominate and appoint (w/ the consent of the
Commission on Appointments) the heads of the executive
II. Sources and Classification of Law departments, ambassadors, other public ministers and
consuls, or officers of the armed forces from the rank of ○ Congress convenes once a year on the fourth Monday of July for
colonel or naval captain, and other officers whose its regular session (UNLESS a different date is fixed by law)
appointments are vested in the Presidency under the ■ It continues to be in session for such number of days as it
may determine until thirty days before the opening of its
Constitution and by law
next regular session
■ authority to contract/ guarantee foreign loans on behalf of ○ Each House:
the Republic ONLY with the prior concurrence of the ■ By a majority, will vote its respective members to elect the
Monetary Board (and subject to such limitations as may be Senate Pres and the Speaker + other officers
provided by law) ■ determine its rules of procedure + punish its members for
■ power to grant reprieves, commutations and pardons, and disorderly behavior
remit fines and forfeitures, after conviction by final judgment ■ have an Electoral Tribunal composed of nine members:
● 3 are SC justices (designated by the CJ), w/ the
EXCEPT in cases of impeachment
senior justice as the Chairman
■ power to grant amnesty with the concurrence of the majority ● 6 are members of the Senate or House
of all the Members of the Congress ■ Commission on Appointments
○ The Pres also participates in the legislative process (approves or ● Consti has revived this
vetoes a bill passed by Congress) ● constituted under the 1935 Constitution to consider
■ In case of veto, the bill still becomes law if ⅔ of all Members the nominations made by the Pres to the more
of each House reconsider and approve said bill important positions in the gov’t
● Composed of
○ Both P and VP are elected by direct vote of the people for a term
○ Senate Pres as ex officio chairman
of six years ○ 12 Senators
■ President shall not be eligible for any reelection ○ 12 Members of HoR
■ Vice-President shall serve for not more than two ○ Judicial Department
successive terms ■ Consists of a hierarchy of courts with the SC at the apex
○ In case of death, permanent disability, removal from office, or ■ Other courts:
resignation of P during his term, VP shall become P to serve the ● Court of Appeals
unexpired term ● Regional Trial Courts
■ If no P or VP, the Senate Pres (or in case of his inability, ● Metropolitan Trial Courts
Speaker of the HoR) then acts as P or VP until the P or VP ● Municipal Trial Courts Municipal Circuit Trial
becomes elected and qualified Courts
● Legislative Department ● For Muslims: shari’a circuit and shari’a district
○ Leg power is vested in the Congress of the Philippines courts
■ a bicameral body composed of the Senate and House of ● Special courts:
Representatives (except to the extent reserved to the ○ Court of Tax appeals
people by the provision on initiative and referendum) ○ Sandiganbayan
○ Senate ■ SC composition (sit en banc or in division):
■ composed of twenty-four Senators who are elected at large ● Chief Justice
■ Term is six years ● 14 Associate Justices
■ Cannot serve more than two consecutive terms ■ Cases hear + decided en banc are those:
○ House of Representatives ● involving the constitutionality of a treaty, executive
■ at most two hundred and fifty members agreement, or law
■ 20% of which are elected through the party-list system + ● such cases as required under the Rules of Court
from the sectors for the first three terms ○ including those involving the
● the rest are elected by legislative district constitutionality, application, or operation
of presidential decrees, proclamations, ■ SC also has the power to promulgate rules concerning the
orders, instructions, ordinances, and other protection and enforcement of constitutional rights,
regulations pleadings, practice and procedure in all courts, admission
■ The cases above are to be decided with the concurrence of to the practice of law, the Integrated Bar, and legal
a majority of the Members who actually took part in the assistance to the underprivileged
deliberations on the issues in the case and voted thereon ■ SC exercises admin supervision over all courts and their
■ Cases or matters heard by a division are decided with the personnel + has the power to discipline judges of lower
concurrence of majority of the Members who actually took courts, or order their dismissal
part in the deliberations on the issues of the case and voted
thereon C. Classification of Law
● And in no case, w/o the concurrence of at least ● As mentioned earlier, the ELJ branches of the gov’t are the three main
three of such Members sources of law
● If required # isn’t obtained, cases are decided en ○ Such as statutes, judicial opinions, and admin regulations +
banc adjudications
■ Note: No doctrine or principle of law laid down by the Court ● The two main classifications of law consists of statutes (legislation) and
in a decision rendered en banc or in division may be judicial opinions (decisions) which we call STATUTE LAW and CASE LAW,
modified or reversed except by the Court sitting en banc respectively
■ Consti: SC exercises original jurisdiction over:
● cases affecting ambassadors, other public III. Research in Statute Law
ministers and consuls A. Concept, Scope, and Classification of Statute Law
● petitions for certiorari, prohibition, mandamus, quo ● Statute law - rules enunciated and declared by the competent authorities for
warranto, and habeas corpus. the governance of the community
■ SC has the power to: ○ embraces the enactment of the legislative department of the
● review and revise, reverse, modify or affirm on government + rules and regulations w/c have the force and effect
appeal or certiorari (as the law or the Rules of Court of law
may provide) final judgments and decrees of ● Statute Law can be classified into:
inferior courts in: ○ conventional legislation - all enactments by national or local
○ all cases in which the constitutionality or legislative bodies, or in which they may have participated
validity of any treaty, international or ○ subordinate legislation - all rules and orders, issued pursuant to law
executive agreement, law, presidential by administrative and judicial agencies
decree, proclamation, order, instruction, ● Statute law can also be divided in a broad sense:
ordinance, or regulation is in question ○ external legislation/ rules of general application
○ all cases involving the legality of any tax, ○ affecting order and procedure in a community
impost, assessment, or toll or any penalty ○ internal legislation/rules of restricted application
imposed in relation thereto ○ affecting order and procedure among members of a legislative,
○ All cases in which the jurisdiction of any judicial or administrative office
lower court is in issue ● Classes of statute law:
○ all criminal cases in which the penalty ○ Constitution
imposed is reclusion perpetua or higher ○ treaties and other international agreements
○ all cases in which only an error or question ○ statutes proper
of law is involved ○ presidential issuances
■ The SC (en banc) is the sole judge of all contests relating ○ administrative rules and regulations
to the election, returns, and qualifications of the President ○ charters of local government units (LGU’s)
or Vice-President, and may promulgate its rules for the ○ legislations of local government units (LGU’s)
purpose. ○ tribunal/court rules and legislative rules
Congress and those approved by the Batasang Pambansa
B. Statute Law Materials + by the HoR and Senate
● Constitution ○ From the est of the American civil gov’t, there were 4,275 laws
○ written instrument by w/c the fundamental powers of the known as Acts
government are established, limited, and defined ■ Passed by the PH Commission and, later, the PH
■ those powers are distributed among the several legislature
departments for their safe + useful exercise for the benefit ○ The Commonwealth period had 733 statutes called
of the body politics Commonwealth Acts
○ Highest primary authority (since they are the Charters adopted by ○ 6,635 Republic Acts were legislated from 1946 to 1972 (when
the people) Martial Law was imposed)
○ The official text of the PH Consti of 1935 is found as Appendix in ○ Laws promulgated by the Batasang Pambansa are referred as
Vol. 30 of Public Laws of the Philippines + in vol. 34 of the Official Batas Pambansa
Gazette ■ total of 891 Batas Pambansa passed
○ Proceedings of the 1934 Constitutional Convention can be found in ○ The last enactment by Congress is RA 9182 (dated Jan 10 2003)
the SC library ○ Official Gazette - official repository of laws passed by Congress
○ Exhaustive annotations to the 1935 Consti are contained in vols. 1 ■ Published currently by the National Printing Office
and 2 of the Philippine Annotated Laws ■ EO 200: provides that newspapers of general circulation
■ The annotations consist mainly of decisions of the SC that are official repositories of law
interpreted and applied the provisions of the Consti Summary of enactments by PH Legislature
○ The official text of the 1973 Consti was promulgated in English and ○ In leg res, it is important to ascertain the deliberations on the
Pilipino passage of a bill, since legislation is sometimes ambiguous and
■ In case of conflict, the English text prevails
■ Both English and Pilipino texts appeared in the Official
Gazette
○ UP Law Center 1970 Constitutional Revision Project - contains the
studies + discussions were considered in the revision of the 1935
Consti
● Treaties and Other International Agreements
○ Treaty - agreement or contract between two or more nations/
sovereigns
■ entered into by agents appointed for the purpose + duly
sanctioned by the Supreme powers of the respective
parties
■ May be bilateral or multilateral
○ Executive agreements - may or may not have legislative
authorization + are limited in execution only by consti restrictions
○ Treaties + other int’l agreements are published in The Lawyers
Review, International Law Documents
● Statutes Proper
○ Statute - act of legislature as an organized body
■ passed acc to the procedure required to constitute it as part
of the law of the land
■ Includes laws promulgated by the Philippine Commission
and the Philippine Legislature, those passed during the
Commonwealth period, those enacted by the Philippine
■ Records all actions taken on all bills + resolutions
introduced during the regular and special sessions of both
Houses
● Presidential Issuances
○ During martial law, the Pres was empowered by the Consti to rule
+ govern by Presidential issuances
■ Included:
● Presidential Decrees (2036)
● General Orders
● Letter of Instructions (1525)
● Executive Orders (1093)
● Proclamations (2489)
● Memorandum Orders (832)
● Memorandum Circulars (1297)
● Letters of Implementation (157)
● Letters of Authority
○ Usually, admin orders are confined to the exercise by the Pres of
his power in deciding administrative cases
● Administrative Rules and Regulations
○ Various departments, bureaus, and other offices have been est. to
assist the Pres. in the performance of his exec functions
○ Head of the Department and Head of Bureaus and other agencies
■ authorized to issue orders, rules and regulations for the
enforcement of the laws within their respective jurisdiction
○ Before the effectivity of the Admin Code of 1987 these orders, rules
and regulations are usually published in the Official Gazette
○ When the Admin Code of 1987 was effective, governmental +
departmental orders, rules and regulations must be filed with the
(ONAR) at the UP Law Center + published in the National
Administrative Register
○ Office of National Administrative Register (ONAR)
contain omissions
■ publish this quarterly register
■ There are some instances when it is necessary to ascertain ■ keep an up-to-date codification of all rules thus published
the legislative body’s intent when passing legislations and remaining in effect
○ Legislative history includes: ■ may omit from the bulletin or codification any rule if its
■ sponsorship speeches
publication would be unduly cumbersome or expensive but
■ legislative hearings
copies of that rule are available to the agency which
■ Debates
adopted it
■ Reports ● the bulletin must contain a notice stating the
■ earlier drafts of the final bills general subject matter of the omitted rule and how
○ To get a statutes leg history, the Senate and HoR publishes its copies may be obtained
respective Congressional Records + Congressional Journals
○ Note: every rule est. an offense/ defining an act (w/c is punishable
■ These contain the proceedings of each chamber
as a crime or subject to a penalty MUST be published in full text)
○ History of Bills and Resolutions - traces the legislative history of an ○ All gov’t agencies are required to file their rules and regulations with
enactment the ONAR
■ Exceptions: Congress, the Judiciary, the Constitutional first adopted when the PH Assembly was created under the PH Bill
Commissions, military establishments in all matters relative of 1902
exclusively to Armed Forces personnel, the Board of ○ Old Congress has separate rules for both chambers, and also rules
Pardons and Parole, and state universities and colleges applicable for both
● Charters of Local Government Units (LGU’s) ○ Present Congress also has it’s own separate rules
○ What constitutes the LGU’s charter? ■ Includes the Rules in Aid of Legislation, Rules on
■ Laws under w/c a city/ town/ other municipal corporation Impeachment Proceedings, etc.
exercises its privileges, perform its duties, and discharges
its obligations, + all matters in which it has a direct interest C. Citation of Statute Law
and a right to regulate and control Constitution
■ Two main classes of charter: ● cited by reference to article, section and paragraph. When the Constitution
● Created by statute is no longer in force, put the year in parenthesis
● Created and adopted by the voters of a city or town ○ Examples
by constitutional authorization ■ CONST. (1935), art. III, sec. 1, par. (3).
● Legislations of Local Government Units (LGU’s) ■ CONST. Art. VII.
○ Basic local gov’t units: Session laws
■ Provinces ● Citation of source is not required but may be added. Reference to section,
■ Cities article or paragraph should follow and not precede the main citation if the
■ Municipalities citation is in the footnote.
■ Barangays ○ Public Laws, 1900 to 1934.
○ Each of these units has lawmaking powers to pass “ordinances” ■ Cite as: Act No.________ (year of effectivity), volume
■ Of local use only Public Laws page. Example: Act No. 1160 (1904), art. 3.
○ Local legislative powers are exercised: ○ Commonwealth Acts, 1935-1945. Cite as: Com. Act No._______
■ sangguniang panlalawigan - for the province (year of effectivity), volume Public Laws Com. Page. Example:
■ sangguniang panlunsod - for the city Com. Act No. 52 (1936), sec. 2 (b).
■ sangguniang barangay - for the barangay ○ Presidential Decrees, September 21, 1972 to February 20, 1986.
○ Each sanggunian keeps a journal and record of its proceedings Cite as: Batas Blg. ____ (year of effectivity), volume VITAL DOCS.
○ No statute books containing resolutions of provincial boards page. Example: Pres. Decree No. 603 (1975) .
○ Municipal legislation is recorded in a journal ○ Batas Pambansa July 23, 1984 to February 1, 1986. Cite as: Batas
○ Municipal ordinances + resolutions are promulgated by posting Blg. ____ (year of effectivity), volume ACTS & RES. page. Example:
them at the main entrance of the municipal/ barangay hall Batas Blg. 80 (1981), ACTS & RES., 1980-81, 1-30
■ Text used is in both Filipino and English, as well as the ○ Executive Orders, February 23, 1986 to July 26, 1987. Cite as:
language/ dialect used by the majority of the LGU Exec. Order No. _____ (year) Example: Exec. Order No. 329
concerned (1950), 46 O.G. 2035 (July 1950)
■ Gist of ordinances with penal sanctions is published in a ○ Republic Acts 1946 to 1972; July 27, 1987 to date. Cite as: Rep.
newspaper of general circulation Act No. ____ (year of effectivity), Volume LAWS& RES. page.
● Tribunal/ Court Rules Example: Rep. Act No. 1792 (1957), sec. 4.
○ internal rules of a court /agency w/ quasi-judicial powers Codes
○ govern practice and procedure for the parties who come before the ● General rule: cite the name of the particular code, article number or section
courts of tribunals number (if any) without any indication of date
○ July 1940: SC promulgated rules concerning pleading, practice + ○ But! when the code is no longer in force or has been subsequently
procedure in all courts of the PH and in the admission to the practice revised, put the year of effectivity in parenthesis
of law ○ Examples:
● Legislative Rules ■ CIVIL CODE, art. 297
○ Rules of procedure for the internal order of law-making bodies were ■ CIVIL CODE (1889), art. 67.
○ The effectivity date/ date of entry into force can be given
Bills, Resolutions, and Committee Reports parenthetically at the end of the citation. Shorten the title of the cited
● Congress of the PH (1946-1972; 1987) agreement by substituting “with” for “Between the Republic of the
○ House where the bill, resolution or committee reports originated, Philippines and, “. Give the source of the text of the treaty
serial report number, the Congress, session, and year in ○ Example:
parenthesis. ■ Treaty of Friendship with India, July 11, 1952 (1953), II-2
■ For committee reports, give the name of the committee DFATS 1, 2 P. T. S. 797, 203 U. N. T. S. 73.
■ Examples: ○ Treaty Sources, cite as:
● No. 5, 6th Cong. 1st Sess. (1966) ■ Department of Foreign Affairs Treaty Series
● H. No. 15085, 5th Cong., 4th Sess. (1965). ● D. F. A. T. S.
● S. Res. 1, 4th Cong., 1st Session. (1958). ■ Philippine Treaty Series
● H. Res. 2, 6th Cong., 3rd Sess. (1966). ● P. T. S.
● Comm. on National Defense and Security, H. ■ League of Nations Treaty Series
Rpt.28, 5th Cong., 1st Sess. (1962 ● L. N. T. S.
● Batasang Pambansa 1978-1986 ■ United Nations Treaty Series
○ Origin of bill, bill number, the number of the Batasan, number of the ● U. N. T. S.
session and the year in parenthesis. ■ Treaties and Other International Series
■ Examples: ● T. I. A. S.
● P.B. No. 2878, 2st Batasan, 5th Sess. (1983) ■ United States Treaties and Other International Agreements
● C.B. No. 54, 1st Batasan, 5th Sess. (1983) ● U. S. T.
○ For Committee reports, cite the name of the of Committees, Serial
report number, number of Batasan, number of the session and the Presidential Acts
year in parenthesis ● Presidential acts are cited in the following manner, giving the source of
■ Example: publications
● Committee on Civil Service Rpt. 545, 1st Batasan, ○ Executive Orders
5th Sess. (1983) ■ Cite as: Exec. Order No. _____________ (year).
○ For unofficial collection of statutes, cite by volume, title or ■ Example:
abbreviated citation as indicated by the publisher, page ● Exec Order No. 329 (1950), 46 O.G. 2035 (July,
■ Example: 1950).
● III C. P. S. 586 ○ Proclamations
○ Some unofficial Philippine Compilations, cite as: ■ Cite as: Proc. No. ______________ (year).
■ Commonwealth Acts Annotated ■ Example:
● Com. A.A. ● Proc. No. 784 (1961), 57 O.G. 7122 (September,
■ Philippine Annotated Laws 1961).
● P. A. L. ○ Administrative Orders
■ Compilation of Permanent Statutes (Philippine Permanent ■ Cite as: Adm. Order No. __________ (year).
and General Statutes) ■ Example:
● C. P. S. / PPGS ● Adm. Order No. 21 (1966), 62 O.G. 7194 (October,
■ Public Laws Annotated 1966).
● Pub. L.A. Presidential Acts Under Martial Law:
■ Vital Legal Documents ○ General Orders
● V.L.D. ■ Cite as: Gen. Order No. ___________ (year).
■ Example: Gen. Order No. 39 (1972).
Treaties and Other International Agreements ○ e. Letters of Instructions
● Cite the name of the agreement and the exact date of signature by the PH ■ Cite as: L. O. I. No. ___________ (year).
■ Example: L. O. I. No. 230 (1972). IV. Research in Case Laws
○ f. Letters of Implementation A. Concept, Scope, and Classification of Case Law
■ Cite as: L. O. Impl. No. _________ (year). ● Case Law - refers to a great class of official literary manifestations of law
■ Example: L. O. Impl. No. 5 (1972).
made up of cases decided by persons and agencies of the government
○ g. Letters of Authority
■ Cite as: L. O. A. No. __________ (year). performing judicial and quasi-judicial functions.
■ Example: L. O. A. No. 1 (1972). ○ Judicial decisions - provide the second important set of rules, which
have the force and effect of law consisting of those legal principles
Opinions of the Secretary Of Justice emanating from the decision of courts of justice.
● Cite as: Sec. Of Justice Op. No. ___________, s. (year). ● Case law may be divided into:
● Example: ○ Conventional Decisions - decisions which emanates from regularly
○ Sec. Of Justice Op. No. 271, s. 1982.
or specially constituted courts of justice.
Administrative Rules and Regulations ○ Subordinate Decisions - decisions made in accordance with law, by
● Rules and Regulations promulgated by administrative agencies are cited by administrative and legislative tribunals.
name of agency (where there is an abbreviation for the agency, use ● Case law is classified as follows:
abbreviation or acronym) + the designation employed in the rules ● decisions of regular courts of justice
(“administrative order “, “order”, “circular” “bulletin”, “rules and regulations”, ● decisions of special courts of justice
etc.), serial number, and year of promulgation in parenthesis. ● decisions of administrative tribunals
● The designation “Rules and Regulations” is abbreviated as “Rules & Reg.”
● decisions of legislative tribunals
Or “reg.” Followed by a reference to section or paragraph. Where the
promulgating agency is a Department, indicate, where appropriate, the ● rulings of board and commissions
implementing bureau or office. ● rulings of administrative officers
○ Examples: ● opinions of legal officers of the government
■ DCI (Cooperatives) Adm. O. No. I (1963)
■ DNR (Forestry) Adm. O. No. 26 (1976)
■ Labor Employment Service Reg. No. 3 (1966)