PROJECT JURISPRUDENCE

QUESTION:  Are decisions of the Court of Appeals considered laws? No, generally, decisions of the Court of Appeals (CA) are not considered laws or part of the legal system. Under the Civil Code, "Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines." The term "judicial decisions" refers to decisions of the Supreme Court. However, in Miranda v. Imperial, it was ruled that decisions of the CA may serve as precedents for inferior courts on points of law not covered by any Supreme Court decision, and a ruling of the Court of Appeals may become a doctrine. According to Paras, decisions of the CA merely have persuasive effect; they have no mandatory effect. However, a conclusion or pronouncement which covers a point of law still undecided may still serve as judicial guide and it is possible that the same may be raised to the status of doctrine if, after it has been subjected to test in t...

QUESTION:  Is there any difference in their legal effects between ignorance of the law and ignorance or mistake of fact? ANSWER: Yes, there is difference in their legal effects. According to the Civil Code, ignorance of the law excuses no one from compliance therewith. On the other hand, the Supreme Court has said that mistake of fact may excuse a person from liablity, especially under our penal law. (People v. Ah Chong) In addition to this, under property law, mistake on a doubtful or difficult question of law may be the basis of good faith. (Art. 526). In contract law, mistake of fact may, furthermore, vitiate consent in a contract and make it voidable. (Art. 1390) ALTERNATIVE ANSWER: Yes, ignorance of the law differs in legal effect from ignorance or mistake of fact. The former does not excuse a party from the legal consequences of his conduct while the latter does constitute an excuse and is a legal defense.

QUESTION:  It is said that "equity follows the law." What do you understand by this phrase, and what are its basic implications? ANSWER: This phrase means that courts, although exercising equity jurisdiction, are nevertheless bound by the Constitution and statutes. This affirms that our courts are primarily courts of law and, only in the absence, obscurity or insufficiency of the laws, courts of equity. According to the Supreme Court in Arsenal v. IAC, courts exercising equity jurisdiction are bound by rules of law and have no arbitrary discretion to disregard them. Equitable reasons will not control against any well-settled rule of law or public policy. Moreover, in Toyata Motor v. CA, it is said that equity is applied only in the absence of but never against statutory law.

QUESTION:  After a devastating storm causing widespread destruction in four Central Luzon provinces, the executive and legislative branches of the government agreed to enact a special law appropriating P1 billion for purposes of relief and rehabilitation for the provinces. In view of the urgent nature of the legislative enactment, it is provided in its effectivity clause that it shall take effect upon approval and after completion of publication in the Official Gazette and a newspaper of general circulation in the Philippines. The law was passed by the Congress on July 1, 1990. signed into law by the President on July 3, 1990, and published in such newspaper of general circulation on July 7, 1990 and in the Official Gazette on July 10, 1990. (a) As to the publication of said legislative enactment, is there sufficient observance or compliance with the requirements for a valid publication? Explain your answer. (b) When did the law take effect? Explain your answer. (c) Can the...

QUESTION #1:  What are the binding effects of an obiter dictum and a dissenting opinion? QUESTION #2:  How can a decision of the Supreme Court be set aside? ANSWER #1: Obiter dicta and dissenting opinions do not have any binding effect. They are not necessary in the resolution or determination of a case. Obiter dicta are merely side comments which do not resolve the actual issues presented in a particular case. On the other hand, dissenting opinions are merely persuasive because the majority opinion controls. ANSWER #2: Supreme Court decisions may be set aside either by (1) a subsequent decision expressly or implicitly abandoning a previous decision; (2) a legislative act that makes the Court's interpretation legally inapplicable; or (3) a constitutional amendment or revision that makes the Court's interpretation of the constitutional inapplicable. As to (1), the Constitution provides in Article VII: "No doctrine or principle of law laid down by the court in a deci...

QUESTION: How would you compare the CIVIL LAW system in its governance and trend with that of the COMMON LAW system? ANSWER: As to governance in CIVIL LAW is codal, statutory and written. It is additionally derived from case law. COMMON LAW is basically derived from case law. As to trend in CIVIL LAW, laws in many civilized nations have almost reached the point of saturation and there are fewer and fewer general laws passed. The trend is to rely more and more on decisions of courts explaining laws and adjusting interpretations. On the other hand, COMMON LAW nations are now tending to codify their laws more and more. Hence, in both systems, there is a trend toward the middle ground. COMMON LAW refers to the traditional part of the law as distinct from legislation; it refers to the universal part of law as distinct from particular local customs (Encyclopedia Americana, Vol. 7). On the other hand, CIVIL LAW is understood to be that branch of law governing the relationship of pe...

QUESTION:  Distinguish civil actions from special proceedings. ANSWER: A civil action is one by which a party sues another for the enforcement or protection of a right or the prevention or redress of a wrong. A civil action seeks that a right be enforced or protection or a wrong prevented, undone or redressed. An example of this is a suit for the collection of sum of money in which which the wrong done may be non-payment. On the other hand, a special proceeding is a remedy by which a party seeks to establish a status, a right or a particular fact. An example of this is a petition for change of name where a person's name is in issue. (Rule 1 of the Rules of Court)

QUESTION:  Distinguish "cause of action" from "action." ANSWER:  A cause of action is an act or omission in violation of the right or rights of another. It is the basis of an ordinary civil action. According to the Rules of Court, every ordinary civil action shall be based on a cause of action. Cause of action has elements. They are: an act or omission; a violation of the right or rights of a party; a correlative obligation on the part of the defendant to respect the plaintiff's right; an injury suffered by the plaintiff; and a nexus between the act or omission and the injury suffered. Other textbooks or court decisions state that there are only three elements: an act or omission; defendant's correlative duty; and injury. On the other hand, an action is a suit filed in court. It may be ordinary or special. An ordinary cause of action is based on a cause of action. An action may also be classified into civil, criminal or administrative. A civil actio...

QUESTION:  Distinguish bar by prior judgment from conclusiveness of judgment. ANSWER: In actuality, "bar by prior judgment" is a general term. It has two kinds: res judicata and bar on re-litigation of an issue. Most textbooks refer to "res judicata" as "bar by prior judgment." "Conclusiveness of judgment," on the other hand," is a term used to refer to the bar on re-litigation of an issue or issues. Bar by prior judgment is the doctrine of res judicata which bars a second action when there is identity of parties, subject matter and cause of action. This means that a judgment has already been rendered by a court or tribunal of competent authority and, subsequently, an action or petition involving the same parties, subject matter and cause of action is filed in court. In such a case, the remedy is to file a motion to dismiss on the ground of res judicata (meaning "the thing has already been adjudicated"). On the other hand,...

According to the late Dean Riano, remedial law is a traditional term which refers to the rules which prescribe the procedure for the protection and enforcement of all claims arising from rights and duties created by law. This definition is in line with Section 1 of Article VIII of the 1987 Constitution regarding judicial power: "Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government." Note that remedial law operates when there is a right to be protected or enforced, a duty to be mandated or there is grave abuse of discretion on the part of the government. If substantive law is the product to be processed, remedial law is the process. The Supreme Court has also given a definition to remedial law, al...

That the law, especially the Constitution, must be given the ordinary meaning of its words is known in our legal system as "verba legis." A cardinal rule in statutory construction is that, when the law is clear and free from any doubt or ambiguity, there is NO ROOM FOR CONSTRUCTION OR INTERPRETATION . There is only room for APPLICATION . As the statute is clear, plain, and free from ambiguity, it must be given its literal meaning and applied without attempted interpretation. This is what is known as the plain-meaning rule or verba legis. It is expressed in the maxim, index animi sermo, or "speech is the index of intention." Furthermore, there is the maxim verba legis non est recedendum, or "from the words of a statute there should be no departure." (G.R. No. 186400. October 20, 2010) In Francisco v. House of Representatives (G.R. No. 160261. November 10, 2003), the Supreme Court said the following: "We look to the language of the document itself...

Law school is where the initiation ceremony happens. This hazing period of at least four years prepares one to become a lawyer. Of course, like any such ceremony, it is not bound to be easy. There will always be pain. Below is an article by Remoto (2017) about law school and how to do well in it. BY THE STAR:  The assiduous student who wants to do well in law school should do well to start preparing now. Atty. Jim Lopez has written a most helpful book for those entering the equivalent of Dante Alighieri’s Divina Commedia (1307) – the law schools in the Philippines. It’s a world filled with “name-calling, long assignments, cranky professors, vicious insults, numerous case studies, and protracted recitation.” Ranged against this “dark side” of law school is the book, The Fundamentals of Law School (Anvil Publishing), a treasure trove of history, lore, tips and techniques for the aspiring lawyer. The author is a three-time winner of the National Book Award for his books The L...

The photo above is President Manuel L. Quezon (center) singing the Women’s Suffrage Bill following the 1937 plebiscite, as his wife Aurora Aragon Quezon (left) looks on. This Bill was the start of women being allowed to vote in the Philippine Islands. Also witnessing this historic moment were Speaker Jose Yulo, Executive Secretary Jorge B. Vargas and Vice President Sergio Osmeña. (https://upload.wikimedia.org/wikipedia/commons/2/27/President_Quezon_signing_the_Women%E2%80%99s_Suffrage_Bill.jpg) What are the four effects produced when the President signs a bill into law? Law students are very familiar with how a bill becomes a law. This is one of those principles that law students are required to study and memorize in their first-year subjects such as Legal Research, Statutory Construction and, most especially, Political Law (Constitutional Law 1). According to the 1987 Constitution, every bill passed by the Congress shall, before it becomes a law, be presented to the President. I...

Under the Revised Penal Code (Act 3815), the penalty of imprisonment shall be imposed upon any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings. The prison term shall be prision mayor, which has a duration of six years and one day to 12 years. (Article 349) "Legally dissolved" means the death of one or both of the spouses, the declaration of nullity or the marriage or its annulment. According to the Supreme Court, our penal laws protecting the institution of marriage are in recognition of the sacrosanct character of this special contract between spouses, and they punish an individual’s deliberate disregard of the permanent character of the special bond between spouses. (G.R. No. 150758. February 18, 2004) It is understandable that, under the 1987 Constitution of the Philippines, the pro...

A father claims his decision to take away his daughter's cell phone led to their estrangement and his eventual arrest, which he said was a result of police bullying. Ronald Jackson said he confiscated his 15-year-old daughter phone because she allegedly sent cruel text messages to the daughter of his new wife. Jackson told INSIDE EDITION he "doesn't consider it cruel punishment." However, the mother of his daughter filed criminal charges and Jackson was arrested and charged with theft of property. Dad Gets Arrested for Taking Daughter's iPhone Away. Inside Edition. Published on Feb 2, 2016. https://youtu.be/deBxwZqUUtU In the Philippines, theft is committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter's consent. (Article 308. Who are liable for theft under Act 3815) PHOTO:  https://cdn.cnn.com/cnnnext/dam/assets/1612131400...

You must be shocked to see the title. How can the President validly ignore the Supreme Court's decisions? Well, you may be surprised that the 1987 Constitution of the Philippines does not mandate the other branches of government to follow decisions promulgated by the Supreme Court. While it is true that, in the Civil Code (Act 386) and the Administrative Code (Executive Order 292), Congress and the President have recognized the longstanding tradition of respect and obedience to the Court's rulings, such recognition is, purely and simply, a tradition. In fact, in the oldest constitutional nations in the world, discussed below, it was necessary for the President to ignore the Highest Tribunal in one of its decisions. SUMMARY The Supreme Court of the United States of America (USA) ruled in one case that the freedom of slaves was unconstitutional as it would deprive slave owners of their property without due process of law. However, Abraham Lincoln, the 16th President of t...

The Anti-Distracted Driving Act, officially recorded as Republic Act No. 10913, is a law in the Philippines that prohibits distracted driving by restricting and penalizing the use of mobile phones and other electronics devices while driving on any public thoroughfare, highway or street in the Philippines. This law defines "distracted driving" as "using mobile communications device to write, send, or read a text-based communication or to make or receive calls" or "using an electronic entertainment or computing device to play games, watch movies, surf the internet, compose messages, read e-books, perform calculations, and other similar acts" while behind the wheel of a moving vehicle or while temporarily stopped at a red light. The law covers all private and public vehicles, including agricultural machines, construction equipments, public utility buses and jeepneys, taxicabs, motorcycles, tricycles, pedicabs, kuligligs and carriages. HERE ARE 11...

One of the most discouraging things for people about failing the bar examination is the perceived shame. This is understandable and is something that everyone needs to come to terms with. The feeling of shame and regret is real. It should never be denied. Dealing with it involves acknowledging that it does hurt and no amount of ice cream can make the feeling go away, at least for now. 22 of my classmates took the bar examination last year (2018) and only one of them has made it to the list of new lawyers this year. Two of them are still in denial, saying it is okay but I know they are not. Failing the bar examination is NOT a small deal. Denying the feeling does not help either; it actually makes things worse. You failed, yes, and you have to accept that. It is painful. It is humiliating. It is heartbreaking and traumatic. Of course, it is; law school is never a walk in the park. Law books and assigned cases are always too thick, not to mention the sleepless nights, the back p...

After every bar examination, inspiring those who have failed to make it to the list is a law school tradition. Everyone tries to say comforting and encouraging words to their friends and classmates who have just undergone one of the most grueling experiences a law students could go through: taking the bar and receiving news of failure. Batas.org is one of the biggest law school or legal blogs on Facebook and it is now under fire for quoting Adolf Hitler who has said: "Anyone can deal with victory. Only the mighty can bear defeat." The problem is that this does not sit well with those who have read history and disgree with Hitler's track record. Adolf Hitler, the leader of Germany's Nazi Party, was one of the most powerful and notorious dictators of the 20th century. He was responsible for the deaths of millions of people. Below are comments by those who have chosen to express their sentiments on this. ORIGINAL POST:  https://www.facebook.com/batas.org/pho...

Orient Cable, a local cable provider in Dipolog, Zamboanga del Norte, aired Endgame a day after its premiere in the Philippines. Orient Cable is now getting sued by local movie house Teatro de Dapitan, PNA reports. After Teatro de Dapitan's lawyers approached the police, Orient Cable stopped airing the movie, and replaced it with another pirated version of Philippine superhero movie Captain Barbel. RAPPLER:  Don’t spoil the endgame, but don’t pirate it either. Orient Cable, a cable TV provider in Dipolog, Zamboanga del Norte, is facing a lawsuit for allegedly pirating Avengers: Endgame, after some subscribers took a photo of the film being aired on their TV screens. According to the Philippine News Agency (PNA), Orient Cable aired the much-awaited Marvel Studios film a day after it premiered in cinemas on April 24. This prompted local movie house Teatro de Dapitan – which is authorized to screen the film – to complain to the local police on April 25. “We are filin...

No one can forget that night during sales law class when my classmate was told to stop attending law school because she was "too stupid to understand basic stuff." She was told to go back to the barrio and plant kamote (sweet potatoes) instead. She cried after that, as expected, and no one in law school is judged for crying after a painful recitation. She's a lawyer now. Law school is not easy. It takes a law student to understand another. Before one takes the bar, he has to go through a half-a-decade-long journey in law school and law schools are NOT at all the nicest places on earth, especially in the Philippines. In this jurisdiction, law school is the first phase of hazing to become a lawyer. The second and last phase is the bar examination. Law students read every day. It is not uncommon to expect episodes of inability to answer questions from professors and bouts of humiliation. From their first year to their third year, they have to read AT LEAST 45 TEXTBOOK...