a6 > , TABLE OF CONTENTS Page Chapter [ * Law Books in General 1 1 PHILIPPINE COPYRIGHT 1973 + Role of Legal Bibliography 0.0... oo... Legal Bibliography and Research ...,......... 3 Description and History of Law Books 3 i Classification of Law Books 5 BY Chapter 11 \ Statute Law in General | . 7 Law and Statute | 7 , Classification of Statute Law | 7 . Or Constitution [... . 8 SERICO B. MORENO Treaties and Other Agreements | . 10 Statutes Proper |........, eee Municipal Charters |........,. oe i i Municipal Legislation | fee Ad | Administrative Rules and Orders | ve 15 ‘ Court Rules fo. ve 16 Legislative Rules [renee ee IT ALL RIGHTS RESERVED Chapter tir | Statute Law Books (Philippines) ef: tees 18 ; Constitution | bee 18 ‘TED BY THI tes ement ~[Link] Ee POG mone BL TE Tei tO me fo ANY FORM WITHOUT WRITTEN PERMISSION OF “ per. titers Municipal Charters .{ feo 52 THE AUTHOR.Municipal Legislation | . Administrative Rules and Orders |... Court Rules ..|. Legislative Rules Chapter tv | . Case Law in General .}.....+- Concept and Scope of Case Law Classification of Case Law J. Parts of a Case | BBffect of Decided Cases |. ctopeyv | Case Law Books (Philippines) .... Decisions of Regular Courts of Justice Decisions of Special Courts of Justice - Decisions of Administrative Tribunals Decisions of Legislative Tribunals . Rulings of Boards and Commissions Rulings of Administrative Officers Opinions of Legal Officers of the Government Chapter VI ‘Other Law Books (Philippines) .+++++++++++ Law Reports ‘Treatises Legal Periodicals Digests of Case Law .. a Loose Leaf Services Page 6 69 2 B 2B 74 ai 81 83, 83 85 85 85 86 87 87 92 100 102 Page Legal Dictionaries “ - 108 Legal Encyclopedias 15 088 104 Chapter VIT Law Books (United States) . 109 Importance of American Le; i ‘ican Legal Bibliography .. 109 Federal Statute Law Books Law Reports . 110 Legal Periodicals . 43 Digests of Case Law... 13 Loose Leaf Services a4 Legal Dictionaries... a4 Legal Encyclopedias . 14 Search Books . ud Form Books fee UE Appendices: "to keg Retodas wet 28° Inde, te Current Federal and State Publications. ” —B. Abbbreviated Citations for Philippine Usage" ¢ a& i Chapter 1 LAW BOOKS IN GENERAL Concept and scope of legal bibliography In a strict sense{ legal biblio ig,the science that deals with the ses ‘and history of books pertain: ing to law, including details of authorship, editions, and dates of publication.” Some authorities would include the use of law books in the study of bibliography, al- though the science is quite separable from the art. The study embraces the usefulness of law books as authority and treats of their publishers as well as of their appearance as printed matter. In another sense, al bibliography of law books may refer to a list of an author's legal works, or of the literature bearing on a particular subject or ficld of law.} This is a common meaning given to bibliography. le of legal bibliography Ths main work of slayer Sn the practe of his pro- sion is to propose solutions to legal problems, accept- ible to the court before whom the problems have been id, ‘The proposals are actually principles of law which, applied, will solve the issues presented, But a knowl- fedge of these principles. requires the study of law books containing them. Indeed such a study would be simple if the law were found in a few books, as in the early days ‘of our legal system when an advocate’s natural talent, said to be his stock and trade, Le., his legal reasot flashing wit, or even his common sense, could adequat fill the interstitial spaces on a shelf of law books. Consider however the law itself as a norm of conduct spanning seven decades (without including more thal * Webster's New International Dictionary. 1 *2 PHILIPPINE LEGAL BIBLIOGRAPHY three ceaturies of Spanish rule, and the colonial laws en- forced in the country) of Vhilippine political, economic and social changes and the almost infinite variations to which conduct lends itself. Consider also the multina- tional bases of our legal system into which the Roman, ‘the Anglo-Saxon, and the Asian influences have been in- tegrated, And that same shelf today would have to hold thousards of volumes reporting the innumerable statutes, court decisions, administrative rules and rulings, and opinions of authorities. ‘CThe study then of the ever-growing mass of legal prin- ciples assumes such a proportion as would require prior knowledge of the identity and classification of law books and of the methods for their efficient use. The role of legal bibliography comes thus into being. Viewed from another point, the knowledge of the law presupposes the knowledge of law books. So that ignorar8e or the lack of knowledge cannot excuse com- plianca with the law? However, this rule is based on expediency, policy and. necessity.’’ It does not reflect the true state of things. In fact, it admits of certain excep- tions such as mistake upon a doubtful or difficult ques- tion, of law, which may be the basis of good faith. indeed no lawyer, much less a layman unschooled in the science of law, can expect to know all the law. His off-hand knowledge of legal principles is what he re~ calls the law to be and this recollection is most often rooted in his basic education at law school, For him to rely solely on memory is dangerous, if not fatal. Even if hhis recollection be perfect, the law yesterday may have undergone changes, partial or total. His duty is therefore to obtain an accurate picture of the law today./ But since he cannot know all the law, the-least that can Be expect: ed of him is to know where to locate it] In effect, if a lawyer knows where the law is, then, having found it, he knows what it is. FArt. 3, Gvil Code. 2Zulueta v, Zulueta, 1 Phil, 254, ‘Art. 58, Civil Code. —~ LAW BOOKS IN GENERAL a Legal bibliography and research By the research is meant the inquiry and investigation n¢ by legislators, judges, lawyers and legal writers in the performance of their furie. tions. ‘The object of legal research is to establish pro- Positions concerning the law, In relation to research, legal bibliography may ic of the | study, of ‘the toolsanc ipaterzals may be paid inquiry and investigation, enabling the researche acquire knoutedge of the havectereie “of law books, fore actually employing them for his purposes- On the ‘other hand, legal research ig concerned with the meted or system By which the inguity and Investigation may be successfully’ accomplished, involving the actual use of law books, 7 Description iand history of law books Vltost of the elements of legal bibliography. m: found in the description and story of law Books, whites, apart from the study of characteristics as a. means_of identifying these publications, have become invaluable aids in evaluating them. This’ significance is heightened when we stop to consider the number of volumes that have been written at similar lengths, and appatently with ident tment, on the same subject, = ‘ertinent to the course are the following/general fea- : antborship, edition, publication, inal ‘and ap- pearance. Authorship. A law book may be written by. cither an individual or individuels, or under the auspices Of an en Sty whieh may'be, public ‘or private, “where a 8 name does not indubitably appear as its author. (HF the entity is public, the book is usually referred to as © gov- ‘ernment publication’) ‘As in other scientific literature, a law book may be 2 compilation of legal writings by one or more authors. or prepared by a staff of writers, under the direction or editorship of a person or a group of persons. *Hicka, Materiols and Methods of Legal Resesreh, 84, p. 23.4 PHILIPPINE LEGAL BIBLIOGRAPHY Edition. By edition here, we refer to the issues of a law book published at one time, such as the original or first edition, and the subsequent editions usually given in numerals, such as second edition, third edition, etc., or known by the year of publication, such as'1974 edition, or by terms descriptive of the edition, such as revised edition or new edition. Tf the publication is designated as permanent edition supplements will be forthcoming to keep the work up to Gate, The Philippine edition of a book means that a stan- dard foreign publication has been rewritten for usage un der Philippine Law. The denomination de luxe, when ap- pended to edition, refers to an elaborate or costly copy Of a treatise, Paperback edition is used to describe the inexpensive cover or printing of a book] Publication. In appraising a law book, the reputa- tion of its publisher, both as’to experience ahd trust- worthiness, fs, is important. {Another equally essential fac- tor is the{date of publication (the copyright year, if no date ee {which may determine the usefulness of a law book, consid the changing nature of law. Besides establishing the publisher's residence, lace of publication jaffects the authofitativeness of k, especially whet it coincides with the applicable forum of the law exposed. Contents. The substantial features of a law book ‘may be said to include:(the preface, which is the author's brief explanation of whyand how the book was written; the introduction, which a preliminary statement to explain the subject or design of the writing; the table of contents, which is the scheme of treatment of the sub- Sect; the table of statutes or cases reported or cited in the book; table. of abbreviation; other tables, graphs and charts for statistical data; footnotes to support the state- ‘ments made; pictorial illustrations and sketches, appen- dices, bibliographical listings; an index; and pocket parts of supplements, if any.) ‘ Appearance. The physical elements which influence the value of a law book{from the standpoint of, visual readability, convenience, ai ‘wear and tear are: the type LAW BOOKS IN’ GENERAL 5 of book, whether bound or loose-leaf; the cover, i luxe cloth, or paperback, binding wi pockets for sup: plements he pages, their number, size, and quality of an rypography, either printed, mimcographed, and the iid of types used)” Classification of law books Generally thet¢ are two ways of classifying I : (ay Sprautnity, and’ (2) by characters "e-Books: _ Gy authority is meant that which it in aupport of an action-or condusi Since the law is spoken of as a norm of action or conduct? we must refer to it as our authority whenever an Attempt is made justify or to seek the legality of an action or conduct, is jeteenge is unually addresed 0 a court which must lecide whether or not orm: i has given rise to a dispute, is lawful. Behavior, which But where is this law, this authority, if not is books wherein the law is reposited! i is "thus sad tbat all I books ate suthorty, though their inuence and is dependent 0} i ae a econo t on whether the authority is (Authority is primary when legislation or court_deci- sions are jnuolved, Legislation hefe is taken in its gen- eric sense and includes enactments of constitutional con- ventions or assemblies, of national and legislative bodies, and of administrative and Judicial agencies. Court deci ions likewise lecrees of judic ini: i sop Mepygs ize deo of otal, adiabatic So that- their [official or authentic repositories are called: books of ee authority. ‘The terin repository | of the law, has been applied to certain treatises on the law by stich eminent jurists and law writers as Glanvill, Bracton, and Littleton. Commentaries on the law by other jurists such as Hale, Coke, and Blackstone possess almost the same weight and sanction of judicial utterance, although their statements of the law have been questioned. and refuted at times? Tn the Philippines, the commenta- nies om the Rules of Court by the late Chief Tustice Man- ‘Sanches Roman, Derecho Civil, p. 19 Beardsley & Orman, Legal Bibliography, 2d, p. 7..8 PHILIPPINE LEGAL BIBLIOGRAPHY uel V. Moran: of the Supreme Court haye attained this level af authority. oe Primary authority is subdivided into gaandatory au- thotity and persuasive authority" Such guthority is man- datory when Tegistation is effective in’ the place. where it has been enacted or promulgated, or when a decision is rendered with finality by a superior court in the case or in another case with a similar set of facts, ot by the sime Gourt in another case; Persuasive primary authority refers to any other legislation or court decision. ‘Authority is secondary when primary authority is com- mnt on, criticized, explained or restated, and these commentaries, criticisms, explanations, or restatements are called books of secondary authority, with exceptions already noted in some Tepositories of the lave {By character is meant the nature of thie subject treat- ‘ed ilaw books. \As stated, the concept of law as authori- ty embragps legislation and court decisions and, beyond their mere exposition, books about them. Substitutin statute fdr legislation and case for court decisions, as will be seen later, the( following classification may be made: (1) books of statuie law; (2) books of case law; (3) ‘books of statute and case law; and (4) search books.” TPrice & Bitner, Bitective Lege) Research, p.” 2 Chapter Ir STATUTE LAW IN GENERAL ‘Law and statute _ The workstatute comes from the Latin verb statuere, yfich means toot up or establish] Statute Law, used asa term, is synonymous with legislation, and with the word laws! While law may refer to both writ ten and unwritten law; or Common law, statute law is Loo eer with lex scripta, that ‘OF laws which has been formally set up of established: ‘tatuteis defined .as the written expression of the wi lative branch of the government, rendere authentic by. certain prescribed forms and solemnitics Be Whi lative branch has been alluded to in this definition [Statute law is broad enough to include admi- nistrative bard! judicial offices performing legislative fun: tions} . [Link] statute law . In general, statute law may be" clastified into: \(1) conventional legislation, and (3) suborinuts legeias The first comprises all enactments ‘Sy national or local islative bodies, or in which they may have participated. second includes all rules and orders, issued pursuant to law, by administrative and judicial agencie: 3 {Statute law may also be divided in a broad sense into: (1) external legislation, or rules of general appli cation, order and procedure in a community, and (2) tnt legislation, or rules of restricted applica: tion, affecting order and procedure among members of a legislative, judicial or administrative office. Hicks, p. 72. - ¥Price & Bitner! p..6, "8 PHILIPPINE LEGAL BIBLIOGRAPHY STATUTE LAW IN GENERAL ® In particular, there are(eight classes of statute law: | no fe ee one ia which mist but “writing and formally embodied in a document or collection of documents. It consists largely of a mass of customs, usages and judicial decisions, together with a smaller body of statutory enactments af,a fundamental character, usually bearing different dates.” {7. Constitution . Treaties and other agreements te CG Statutes proper 4, Municiy 1 charters 5.-Municipal legislation y 6. Administrative rules and orders Court rules written constitution has the following Genial parts 1.[he constitution of liberty or the bill of rahi which is a sees of prescriptions set- forth the fundamental lil and polial of the citizens ‘and imposing cert limi- tations on the powéi” of government as a 1S of securing the employment of those .rights. Generally, @/ constitution is that body of rules and maxims in accorance with which the powers of sover- eignty are habitually exercised. Tt is 2 fundamental law or basis of governmenff es- tablished by the people, in their original sovereign Capa- emote their own happiness, and permanently 2.[he constitution of gqvernment or its structure, which is a series of provisions out- torsécurg! their rights, property, independence, and com ining the organization of the government, enu- mon wekare. “merating its powers, laying down certain’ rules ‘8 With particular reference to the Constitution of the ~Tylative to. it8 administration and defining the 4 Philippines or of the United Staigs, @ constitution is that Been ecemerc bth hg Redmenel powre of | 4, [le onsen of, soveriny othe i by which those powers are distributed among the several | Pee a ane, fvhich points out the mosc of > departments for their safe and useful exercise for the be Broctdare | Accordance wit wt rmal chan- eRe Pte body plies? i fs sy ie fundamental law may be brought ‘¢ It should be observed that the foregoing definition - . ¥ speaks of a wnitten constitution as oppesed fo. one that There are some optional parts which by their very nature may or may not be present in a written constitu- tion, such as\ (1) the preamble, (2) the declaration of principles, (3) the transitory clause, and (4) the, append- ig unwritten of which the classic example is the British constitution. A written constitution is one in which most ofits ed ordinances. trument or instruments. It is a work of conscious art a ‘A constitution differs from a statute in that a statute I provisions are embodied in a single formal written ins- k i «k4ftust provide the details of the subject of which it treats, |” and the result of 2 deliberate effort to lay down a body . shal whereas a constitution usually states general principles, of fundamental principles)under which government sl be organized and condiicted.’ andl builds the substantial foundation and general frame- ee work ole "Gwen, Caton Liniasng, 9. 4. f NictR ot the Taw and government” ‘Loper v. De los Reyes, 55 Phil. 190 "Garver, ibid, Miller, Constitution ‘of the United States, p. 71. ‘Garner, Introduction to Politisal Science; p. 397. ‘Gamer, Political Selence and Government, p. 508. "Lopez v. De los Reyes, 55 Phil, 190.| 0 PHILIPPINE LEGAL BIBLIOGRAPHY ‘Treaties and other agreements (A treaty is primarily an agreement or contract bet ‘weer two or more nations or sovereigns, entered into by agents appointed for that purpose, and’ duly sanctioned by the supreme powers of the respective parties! Treaties may. be(Glassified (1) by their nature, and (2) by the parties, By their nature, treaties may be executory as when subsequent legislative enactment by Congress is required to perform an act stipulated in the agreement, or sell- ‘executing as when by its terms, the treaty is full and complete, requiring no further legislation for its enforce- ment. (By the parties, a treaty may be'bipartite as when en- ered lato by nationy. each of whom executes and dell: vers to the other a counterpart; and is not: necessarily bilateral, (between two nations), or it may be multipar- tite as When the treaty binds each signatory to perform several undertakings, and-js not necessarily multilateral (between several nations) Having the(same effect of a treaty but rhaps with less Having the(geme of ‘san executive agreement which is one eatered into by the President or head of the exe- culive, department of government, under the powers of his office, and in behalf of his country, with foreign coun- fries, More ‘will be said about this. agreement inthe next chapter. ‘The(6ther international agreements are] Protocols, notes, mtmoranda, declarations, conventions, congresses, Cartels, and capitulations G@rotecols refer to preliminary documents which re- cord the basic principles or points upon which the final treaty or agreement will be based). GRiotes are resumés of diplomatic conversations 52 American Jurisprudence 806, Price & Bitner, p. 3. nBroadsley & Orman, p. 31. STATUTE LAW IN GENERAL, uw Memoranda are detailed definitions of wit differences of opinion might arise points about (Declarations are signed statements of, principles which the states intend t in their Sao anaes t ntend to observe in their relations to [Conventions and __ [onw and congresses are bodies convene discuss important questions of interest to several state or for the purpose of settling questions of a controversy, The conclusion may later be expressed ina statement or international policy, such as a declaration (Cartels are agreements entered into during war for the change of prisoners and signed by generals’ and GCapitulations are agreements during war for the sur- ° render of armies and forts, entered into by commanders D Statutes proper rns ata s proper is a term chosen to de enacted by general legislatures in the ordi course of lawmakingy Perhaps a better Word than oa fs(Ratlonal as “Opposed to local legislatures) There are such matters as extraordinary legislative Which include the approval or amendment of a constitu tion and the ratification of treaties. ‘The creation, alter. ation of repeal of municipal charters, though embraced Ran ie Scape of ordinary lawnaking, are treated in = signate logis- (Statutes are classified as: (1) Public i may a general, special, of losal Sues) nee ge or which potentially affect all oF thi within’ the jurisdiction, either ditectly ar nacePHILIPPINE LEGAL BIBLIOGRAPHY public gener ive on all per- 1 statutes are those operative on all per~ a i Bee uithin the jurisdiction, oF upon all men ers of a class. Publle statutes are those addressed to partic ene ere things in such a way as to affect the public at large. Tocal ich by thelr terms tatutes are those which by ms pela ene 1oedesigmed geographical areas within the ju risdiction- / Private statutes apply to particular persons or things designated by name. been designated ast Statutes have ote which is enacted in affirmative terms. . ogative statute which is expressed in neEs words. Classification statute which specifies the persons oF property subject and not subject to a tax. carat remedial act passed to cure ieects gee ihe means a eaforcng exis ing obligations. onoral statute which affects all the people, oF all of a particular class. — special statute which affects only particular indivi duals or things. ytutes and tute which refers to other statutes 4 makes ference Solicable to the subject for legislation fi ode of Te tatute which gives @ party a me = cnet ong where he bad none oF afferent on before. troact r st agts and statute which operates on past rane and changes thet legal character and STATUTE LAW IN GENERAL 8 Gther iegislative policies and:sentiments may be ex- rested by resolutions which have lesser s us than stac tutes, three kind of ylutic 1) simple, GY concurrent, and (3) joint, | so MHens C1) sim ‘Simple resolution is an act of one legislative cham- ety which requires no further action by ‘he other cham en Concurrent resolution is an act of one legislative chamber, which is concurred in by the other chamber, Jolat resolution is an act of both legislative cham- bers, voting separately, usually in a joint session. parts, = [astute 4s formally composed of si sor |, some optional, depending vj “nae ture and purpose of the law, and upon the constitutional requirements of the place where the law is enacted.”| Gait, which is a’ short statement of the subject mat- ter GE the statute, placed at its head and intended to serve as a clue to its contents. Preamble, which explains why the statute was en- acted and is usually preceded by the word “whereas.” Enacting clause, which identifies the legislative body which enacted the statute and whici declares the assump- tion of responsibility by said body for its enactment." Tt contains usually the words “be it enacted”. _ Body of the statute, which may inchide: (1) defini- tion of terms used in the law; (2) subject matter, which should be logically arranged and developed; (3) adminis. trative provisions to provide for rules and regulations, and, in general, the processes by which the law is put into operation; and’ (4) penalties for violation of the statute. ‘Temporary provisions and schedules, which supply the rules that are to govern during thé period before the law can come into full effect. | "Hicks, p. 77; Beardsley & Orman, p, 52. “Francisco, Legal Bibliography, p. 2.“ PHILIPPINE LEGAL BIBLIOGRAPHY {Waving clauses, provisos, and. exceptions, which ex empt certain persons or ‘things from the operation the present or preceding statute, Repealing clause, which designates either specifically or generally the prior statutes or ‘parts thereof which are rendered inoperative by the new statute, Separabllity clause, which preserves the rest of the statue one or more of its sections should be later dec- lared inadequate and ‘unconstitutional, Clause of effectivity, which specifies the ioe when the act shall commence to have the force and operation of law} () Municipal charters Theylaws under which an incorporated city or town cor Yther_mmicipal corporation exercises its privileges Ciforiis its duties, and discharges its obligations, includ. pemail matters in which it has a direct interest and oMovregulate and control, constitute the municipal charter.” (Respecting their origin, municipal charters are of rain cases, namely (1) ‘those created by statute, and~ 2) those created and adopted by aoe of a city or ion. towa by constitutional authorizatic .on created hy statute, they are known as legisla- tive Gharters of which there are two kinds, (1) speclal o: Heeeeeated by. special act, and (2) general or those MMopted under the provisions of general incorporation Jaws.8] ‘Muntctpal legislation the legislative acts of local governments are classified ‘as (4) ordinances, and (2) resolutiofid. ‘An ordinance prescribes a general, uniform, and per- ‘tule of conduct, binding not only upon the inha- ‘Municipal Corporations, 32, p. 458. I ' i [Compusin Tt may be stated broadly that, STATUTE LAW IN GENERAL 6 bitants of the municipalits : nicipality but also on 1 pon-residents coming within its terior ee Rowe Iso acts of the municipal council which veal with matters of special and ordinarily approved with les formalngst nn om wm Tt may be stated atters upon whi municipal corporation desires to{legislate rust be put in the form of an on its ministerial capacity and for cones, chat are done ia put in the form of resolution”? PUFPOS® may An ordinance should properly take statute, although this is not easental to fee vataign oe and is properly enacted. \An ordi should i : i a tte, (@) an enacting clause, (3) a body, (4) reek ing clause, and (5) a provision fixing the time when the inance will take effect. Requirements as to form of ee ‘ an of may be contained in the charters or sta- = Qadministrative rules and orders Administrative rules and crders a duct, promulgated by executive or admit ratte susie: » to govern the relations among themselves or bet ween i tteen sych authorities and private individuals, pursuant Included withix regulations issued by ndcuisies ean, orders are the as well as the id agencies by national tod best eaoueay ‘promulgated Administrative rules and ord gener: tnt wc ets ti ogni eam ence of administrative authorit rocedural, which indicates to the individual remedies Poe ion of his rights” For the vioae 2 Dillon, Municipal Corp » 7 erations, 2 Ours, Provincial and Municipal Lan 8 lit, Municipal Corporations, p. 190,”6 PHILIPPINE LEGAL BIBLIOGRAPHY Qmother classification of administrative ordinances, for the proper and efficfént enforcement of the law, 3s: (1) administrative orders and regulations consisting of Commands from a superior to his subordinates, and (2) those which are issued by the superiors not onl Subordinate officials but likewise to private individuals, for the faithful compliance of the statute Rule-making by administrative authorities is some- times called Subordinate legislation, when issued wil the: framework of conventional legislation? since it in- ‘alves the exercise of legislative functions by governamen- Tai Godies other than legislatures," and also because the bulk of such legislation is produced by delegated given to non-legislative agencies by the Constitution, or statuig) () Court rules s of courts are| of conduct governing prac tice, “pleading, and jure before judicial tribunals. ‘They are usually Promulgated by courts themselves, al- though in some jufisdictions, legislatures may have the concurrent power to make them} The rule-making power- fs generally lodged in the highest tribunal of the state's judicial hierarchy, referred to as the “Supreme Court” or its equivalent. On the other band, rules for distribution, assignment and transfer of cases among coordinate bran- ches of lower courts are not uncommon, provided they Gre authorized and do not conflict with the rules estab- lished by superior authority. Court rules may be found in either of two forms:\1) as a set of regulations, promulgated by judicial authority, or (2) as a code of procedure, enacted Py legislative fiat) (Ressi judicial ribupals which are administrative agencies performing Sudelal functions, may ‘under, au- rity of law, also issue their own rules of procedure, which are usually patterned afte those of. ‘courts and which are, to some extent, less technical than their models} In the same manner are the rules governing pro- fiactin, Administrative Law, 1963 ed., p. 65. |.) BPrige & Bitner, p. 6; Hicks, p. 75. walle, Administrative Law. B. | i | STATUTE LAW IN GENERAL @ Legislative rules Legislative rales are rules of procedure promulgat bya legislative body to govern the mode and maser gfecondusting the business of the body apd intended for the orderl sper disposition of 5 hae nd i ah they are 2; legislative chambers, the rules acta a be meeps esate chambers, hi have Bg Be x of statutes outside the assembly halln PHILIPPINE LEGAL BIBLIOGRAPHY may be said to be performing functions judicial in na- ture. The same is true with the various Military Com missions created under Martial Law to try civilians for criminal offenses during the state of emergency. Each of those tribunals has been empowered to pro- mulgate its own rules of procedure to aid it in resolv- ing the controversies brought before it, Since they have the force of law, publication in the Official Gazette is a prerequisite for the effectivity of the rules. | Secondary Sources count with treatises (or appendices) dealing wit special subjects which call for the exposition of the tules, and with legal periodicals. Legislative rules The rules of procedure for the internal order of law- making bodies were first adopted when the Philippine ‘Assembly was created under the Philpipine Bill of 1902. All subsequent legislative chambers followed suit, essen- tial gs the rules were for the proper conduct of. their ‘business. The National Assembly, then Congress and then again the National Assembly were expressly authorized by the Constitution to promulgate its own rules of pro- ceedings, which included such other matters as the de- ‘imgnation of officers the manner of compelling the attend- ancé of absent members and the penalties for such ab- ‘sence andthe punishment of its members for disorderly behaviour. From time to time, the Bureau of Printing publishes the rules of each legislative chamber, with the latest mo- Sifications and with such [Link] Rules of the National ‘Assembly,’ Rules of the Sendte, in Spanish and English editions, and Rules of the House of Representatives. The fast two publications have the text of the Constitution appended to tha, No secondary sourees on, this mat- ter are available. Local legislative’ bodies have specifically been grant ed by law the power to determine their own rules of pro- Scedings.” Hiewever, these rules have not been published. ‘DSecs, WAI, Rev, Adin, Code; See. 17,, Rep. Act No, 408. Chapter IV CASE LAW IN GENERAL Concept and scope of case law : Case law is a general term for that official literary ‘manifestations of ew sede P88. 0! |i ce ae oe fo judicial functions.’ Distingui ‘om. statut latter is-a-norin of conduct promulgated agencies of the government while case law is min norm proclaimed by the judicial authoriti “ Aon arom bys foi ator of thst is essential for its construction and interpretafioy/ where- as the Tanga of he decision in case must foe taken {ns eptrety in order to arrive atthe correct pfonounce- The subjects of case, law are. as varied/as: the “relax tions of man and, although, [Link] most part, it is sub- tances when 0 rule exss to govern them, Bat ten ng judge or court may decline to render judgment by rea. son of the silence, obscurity or insufficiency of the laws.* Jn scope, therefore, case law is much broader. In fine, the main function of the. makers of case law is not to interpret and apply the law but to settle disputes, Classification of case law Generally, case law may be diy i mven- Honal decisions, which embrace all slings rendered hy ‘spolarly of specially constituted courts of justice, and ), subordinate decisions, which Include all rulings, nade fo ‘egpeman law, by administrative and le-u PHILIPPINE LEGAL BIBLIOGRAPHY In particular, case law is classified as follows: 1. Decisions of regular courts of justice a) courts of final appellate jurisdiction &} Cours of intermediate appellate jurisdiction c) courts of first instance d) inferior courts 2. Decisions of special courts of justi a) courts of original and final jurisdiction b) courts of original jurisdiction 3. Decisions of administrative tribunals a) tribunals of appellate jurisdiction 8} tribunals of first instance 4. Decisions of legislative tribunals 5 Rulings of bctds and. commissions 6. Rulings of administrative officers 7. Opinions of legal officers of the government 2) national officers 5) local officers 1 This classification has been made in accordance with Philippine case Jew ‘which, in reality, is © mixture of agencies in the United States performing judicial func- fons! and those in thé Philippines vested with authority fo''settle disputes. “The regular couris of justice. are oaped togeher because they are courts of general juris- ition and eonstiate generally the Hast hi of @ government. On the other hand, the Special courts of futtiee are a, class. by themselves, vested with limited Powers being creatures of noses ‘Administrative tribunals have been separated from executive boards and commissions They exercise principally quasi-judicial functions wie the latter's main task may be primarily, regulatory, lative triburals and administrative officers are self-explanatory. Of in- Creasing importance is the role played by the legal offi- cers of the government whose opinions have guided pub- lic officers and influenced ‘their offjcial acts, earning thereby a berth in the classification, “The groupings will be amply illustrated i the suceeding chapter. Parts of a case * “For a better understanding of case law, it is impe- rative to know the parts of a decided case at it appears CASE LAW IN GENERAL 8 (or should appear) in print. While the arrangem the parts may sometimes vary at the judge's nine Parts themselves cannot be changed, having been so or. dained by statute or custom, save those which are by their nature optional. They are: ¥ Title, which is com, names ties 10 the eas, stich as Crux v: Santor espe eee Republic v; Court of First Instance, or Collector of Cus. {ome v. 34 Crates of Transistor Radios, A case is always ited by its title. The capacity in which the parties ap- ear is another element of the title, such as plaintiff, de- fendant, petitioner, respondent or oppositor. " Docket Number, which is a gerial number gi the case by the court before which the cause is pending determination, Avcase may ‘therefore collect ae meee the most important being those of the cout suchas GR, No, L-12345 and AGH Ro. SAS ot -CR. Considering that there are a multitude of cases, with, the am file, ie docket number takes on added significance in identifying a case. Ia additi the number, a 4 hen the de- Fete paca wa a Syllabus, which is a brief statement of law decided by the court on the fats of the cake wide Out a recital therein of the facts. (Sec. 22, Rep. Act No. 296). Generally there are as mapy syilabi as there arc rules of law enunciated in the case, the paragraphs ap- ‘pearing ay after the title and docket number. They are prepared by the court reporter, in consultation with the author of the decision. The syllabus serves to acquaint the lawyer or researcher with the legal high- lights of the case, without having to read the entire de~ cision. “Note must be taken of the peril in relying ex clusively on a syllabus for the precise tenor of the de. Cision There ls i substitute forthe decision itself The labi or headnotes are at best co1 ides legal points involved, f competent guides to the Statement of Recognitioy, which i: - von SRE f Recent ch i otras deen diction over it, such as Aj from a, judgment of the Court of First Instance of Manila (with the name of the® PHILIPPINE LEGAL BIBLIOGRAPHY judge of the court), or Original Action in the Supreme Court (with specific designation of the action). The in- formation provides the researcher with additional sources for the further study for [Link]. Statement of Facts, which is a narration of events and situations which has given rise to the issues of the case or upon which the interpretation or application of a law was made. While the reporter of the court is dir- ected to prepare and publish with each reported decision ‘opsis of the facts necessary to a clear under- a concise standing of the case’ the summary statement is seldom, if at’ all, ever accomplished. What appears today is a ine saying that " the facts are stated in the opinion of the court.” Indeed, the supreme law commands that every deci sion rendered by any court of record shall state therein clearly and distinctly the facts and the law on which it is based’ Especially the Court of Appeals, where the find- Ings of fact are usually final, the law directs that every decision made by it must contain a complete findings of fact orf all issues properly raised before it For courts in general, all judgments determining the merits of cases must be in writing, stating clearly And distinctly the facts and the law on which it is based:/ Minute resolutions and orders, not being judgments on the merits, do not need the requisite statement of facts. Names of Counsel, which detail the lawyers ot law offices participating in the case, usually taken from the briefs or pleadings filed in court. Where such papers are not published, researchers may go direcily to counsel who can readily furnish them with the necessary infor- mation. Opinion of the Court, which consists of the state- ment of facts pertinent to the points of law. discussed and analyzed, the discussion of the Jaésor Jaws involved, the application of legal principles, and an explanation of the ultimate action taken by the court upon the re- lief prayed for. While sparingly used as synonymous Sec. 22, Rep. Act No, 298, 3Sec. 9," Art. X, 1973 Constitution, #830. 38, Rep, Act No. 296 7Sec. 1, Rule 36, Rules of Court CASE LAW IN GENERAL n terms, decision and opinion have technical meani i differ in context and eect, The hi st refers ‘owe jude, ment of the court found in the dispositive part. The lat- ter is the informal expression of the views of the court, Containing oftentimes lapses, findings, loose statements and generalities which do not bear on the issues or are spparenty 0 geedt0 the otherwise sound and considered ult rea court. In cast~of conflict between them, the decision or judguent will preset. The opinion of a court may have such applicat as majority opinion which means that the tanority ‘of the members of the court conform totally to the opinion written by a member, or concurring opinion which refers to an ion written separate) by a member of the concurs with result reached by the maj- but for different reasons, or dissenting ch signifies a disagreement with the judgment rendered by the court and subscribed to by a majority of its members, with reasons stated therefor by the dis- senter, or per curiam opinion which means that the court does not wish to identify the writer of the opinion. a siwutlon common in cases where the death penalty” is ed out. Decision of the Court, which is the judgment or of the case and usually found in the dispositive part of the instrument (decision). It is couched in such terms as affirmed, modified, reversed, granted, dismissed, re- manded, or in‘criminal cases, convicted, guilty, or acquit- ted, when referring to the person of the accused, alll des- ctiptive of the action taken by the court. Effect of Decided Cases Res Judleata. One of the principal effects of cided case is thet the norin of conduct proclaimed ty the court, once final, is binding upon the parties forever, this upon the doctrine known as res Judlcata, ie. the solemn and deliberate sentence of the law, pronounced by its appoisted organs, upon a disputed fact or a state facts, should be regarded as a final and conclusive determination of the question litigated, and should for- ever set the controversy at rest! ‘Petialosa v. Tuason, 22 Phil, 303.B PHILIPPINE LEGAL BIBLIOGRAPAY ‘The foundation principle upon which the doctrine rests is that parties ought not to be permitted to litigate the same issue moze than once; that when a right or fact has been judicially tried and determine by a court of competent jurisdiction, or an opportunity for such trial has been given, Use judgment of the court, so long as it remains unreversed, should be conclusive upon the par- ties and those in privity with them in law or estate! Res Juuicata finds suppoct, not only in Jurisprudence, but also in law, particularly Secs. 49 and 50, Rule 39 of the Rules of Court. In order that 2 judgment or order rendered in -a case may be conciusive in a subsequent case, the foflow- ing requisites must be present: (a) it must be [Link] judgment or order: (b) the court rendering the same must have jurisdiction over the subject-matter and the parties; (c) it must be a judgment or order on the merits; and (d) there must be between the two cases identity of parties, identity of subject-matter, and identity of causesyof action." am off-shoot of the rés judicata principle is another doctrine called conciusiveness of judgment which, stated otherwise, means that where, between the first case wherein the judgment is rendered, and [Link] case wherein such judgment. is invoked, there is identity of parties, but not of cause of action, the judgment is con- clusive in the second case, only as to those matters act- ually and directly controverted and determined, and not to matters merely involved therein, But where the iden- tities are complete, there is a bar by former judgment." Law of the Case. Akin to res [Link] the sense that the principle is grounded upon the Halley of judg- ment is another doctrine known as the-law of the case. Tt means that when a prelimihary question, raised on. ap- peal, is decided finally, the decision is. binding upon all courts where the case may be pending determination on other questions, even if the, ruling in that decision be ater reversed by the same appellate tribunal in another case. For instance, if a case is brought to the Supreme Court on the questicn of double jeopardy and the Court, ¥Operiano v. Sobromesana, G. R. 14822, May 30,-1052. » Aguirre v. Atienza, G. R. L-10685, August 30, 1958, 4 Pefalosa v. Tuasor, supta, bw CASE LAW IN GENERAL 0 invoking precedent, rules that no double jeo} and remands the case to the trial court for the law of the case-is that double jeopardy cannot be avai of a8 a defense and this ruling, once final, ie binaive so all courts, including the Supreme Court itsell, noreite standing, the subsequent abandonment of the ‘precedent Stare Decisis. The other main effect of a deci case is that the principle of law enunciated therein cet Polishes, more often than not, a judicial precedent. "Al if this precedent be cited again and again in support lccisions in other cases, it becomes @ binding pudiciel precedent upon lower courts, Tribunals enjoying this at- {tribute of authority. are generally. confined to suiperisy eppelate courts, lke the Supreme Court and, in certain , the Court of Appeals, ‘While lower courts lay claim to the persuasive character of their sete maa, regard, the law has stepped in to mark thelr decisiens nen ie ait, brand/Of eminence heretofore unchallenged n licial decisions applying or inter- preting the laws or the Constitution ate part of the legal Common law adheres strictly to its Sustomary of haaate decisis, which means, let it stand as decided, Be se seule. “The re sluice seats et eat what a point of len ee lat a solemn decision upon thority in a like case, because it is ‘he higher evidence ‘e can have of the law applicable to the subj and the judges are bound to follow that dest feet ESN sande tnreversed: uatess it can be shows thot SBE ey ‘isunderstood or misapplied in that Particular To be a solemn decision, it is sai atthy Mast fly "and really ave ‘risen in he Ret € necessary for the determinath ie ase, and that it'must have been argued hernog cts Ginenwise, anything said about that point of law fs oblter ictum which, although Persuasive, constituting as it does "Reps w Plnula, 6. LT, tay 20, 5, "Kent Comments Hicks, p. 103. =@ PHILIPPINE LEGAL BIBLIOGRAPHY the writer's personal views, cannot be a binding precedent. The other ‘hi g to remember is that where ratio de- cidendi is applicable to another case, the doctrine of stare decisis is in operation. Being a codal country, the Philippine courts have hesitated to proclaim in express terms the application of the stare decisis principles. The principles of stare decisis does not mean blind adherence to precedents. The doctrine or rule laid down which has been followed for years, no matter how sound it may be, if found to be contrary to law, must be aban- ‘The principle of stare deciss does not and should not ay Dy when ‘there is conflict between the precedent and the law. The duty of the Court is to forsake and abandon any doctrine or rule found to be in violation of the law in force." ‘The rule of stare decisis is undoubtedly entitled to more respact in the construction of statutes than in the interpretgfion given by offices of the administrative branches ‘of the government, even those entrusted with the administration of particular laws. The rule of stare decisis is entitled to respect. Sta- bility in the law, particularly in the business field, is de- sirable, But idolatrous [Link] precedent, ‘simply as precedent, no longer rules. More important than any- ‘thing else is ‘that the court should be right.” Tan Chong. v. Secretary of Labor, 45 OG 1259. ™ Philippine ‘Trust Co. v: Mitchell, 69 Phil. 30; Koppel v. Yatco, 43.06 460i. Chapter V CASE LAW BOOKS (PHILIPPINES) Decisions of regular courts of justice Courts of Final Appellate Jurisdiction. At the of the judicial system in the Philippines 1s the Spree : Powers and duties are defined in the fade cay, Act ea a caart of last resort e | and special appellate jurisdiction, it is possessed of original Und exchaive julien vt o8 oa and concurrent powers with Courts of First Ins- When the Supreme Court considers a decision (01 solution) of sufficient importance to regu tion, the Clerk of Court furni: a Certified copy hee the Reporter. The latter, in turn, prepares and publishes with each reported decision a concise synopsis of the fees necessary to.a clear understaning of the case and sence the names of counsel and, concisely, the material and com, troverted points made, and the authority: therein. Geel by them also to each case a syllabus which is confined as near as may be to points of law decided by the Court on the facts of the case, without a recital therein of the facts? . ‘The decisions of the Supreme Court appear in thi official publications: in Si Court Decisions, pub. lished by ‘the Reporter's Office of the ‘Supreme “cour 4p the Offcia ete ae section “Decisions of Supreme Court” and # Re condary sources include the Pallioine Decency eet fe Ported case: 1948) Phillppine Reports Annotated (up to 33 Phil), and the Supreme Court Reports Annotated (SCRA), from January, 1961. “Important decisions are 1Rep. Act No. 296, as amended. *Secs. 21 & 22, Rep, Act No. 206. a