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 exe

The Supreme Court En Banc has directed that a copy of its March 12, 2019 decision in People v. Tulagan, GR No. 227363, be furnished Congress as reference for possible statutory amendments on the maximum penalty for lascivious conduct under RA 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act). Specifically, the Court referred to the maximum penalty for lascivious conduct under RA 7610, Section 5(b), Article III when the child victim is under 12 years of age (reclusion temporal medium) and when the victim is 12 years old and below 18, or 18 or older under special circumstances, i.e., are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition (reclusion temporal medium to reclusion perpetua) under Section 3(a). The Court noted that despite the clear intent of RA 7610 to provide for stronger deterrence and special pr

The Supreme Court has directed the Office of the Ombudsman (Visayas) to file before the proper court the necessary information for violation of Article 213(2) of the Revised Penal Code (RPC) or Illegal Exactions against a barangay captain in Cebu for unauthorized imposition of garbage collection fees. In a 21-page decision promulgated on February 20, 2019, the Court’s Third Division, through the ponencia of Associate Justice Marvic M.V.F. Leonen, found grave abuse of discretion on the part of Graft Investigation and Prosecution Officer I Michael M. Mernado, Jr. of the Office of the Ombudsman (Visayas) for dismissing the charge against Lucresia M. Amores, Barangay Captain of Marigondon, Lapu-Lapu City, Cebu for violating Article 213(2) of the RPC. Thus, it set aside the assailed February 20, 2015 Resolution and September 29, 2015 Order of the Ombudsman Visayas. The case stemmed from the complaint of Carlos L. Reynes, manager of Blue Reef Beach Resort Cottage and Hotel, who allege

The Supreme Court has acquitted a drug convict on ground of reasonable doubt as it underscored that “[t]he observance of the chain of custody, being necessary to preserve the integrity of the drug presented as evidence, must be clearly established.” In a 19-page decision penned by Chief Justice Lucas P. Bersamin, the Court’s First Division ordered the Davao Prison and Penal Farm to immediately release Rogelio Yagao from detention unless he is legally confined for another lawful cause. Yagao was convicted in 2011 by the Regional Trial Court (RTC), Branch 25, Cagayan de Oro City for violation of Section 5, Article II of RA 9165 or the Comprehensive Dangerous Drugs Act of 2002. The RTC decision was upheld by the Court of Appeals (CA) in 2014. Yagao was caught with one transparent plastic bag containing 7.40 grams of dried marijuana during an alleged buy-bust operation in 2006 at Zone 4, Bugo, Cagayan de Oro City. The High Court held that the prosecution failed to establish the es

The Supreme Court (SC) has issued a writ of amparo and habeas data in favor of human rights watchdog Karapatan and women's group Gabriela and ordered the Court of Appeals (CA) to hear the case in June. The writ was given by the authority of Chief Justice Lucas Bersamin upon the written recommendation of the justice in charge of the petition, a May 24 notice seen Thursday showed. Earlier this month, Karapatan, Gabriela, and the Rural Missionaries of the Philippines sought the SC's protection from alleged threats to their members' lives amid accusations that they are fronts of communist rebels. They said their petition was a "response to the worsening attacks, terrorist-tagging by the Philippine military and the ongoing smear campaign against human rights defenders." The writ of amparo is a remedy available to any person whose right to life, liberty and security is threatened or violated by public officials or private persons. The writ of habeas data co

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 Law o

OPINION: The Government's move to ban a song about marijuana is a content-based restriction that carries a heavy presumption of unconstitutionality. It is our opinion that this cannot be legally done. NEWS BY INQ:  The Philippine Drug Enforcement Agency (PDEA) has asked the Movie and Television Review and Classification Board (MTRCB) to ban the airing of rapper Shanti Dope’s song “Amatz” for lyrics allegedly promoting recreational marijuana use. PDEA said in a statement on Thursday that Director General Aaron Aquino has already sent MTRCB, the Organisasyon ng Pilipinong Mang-aawit (OPM), and ABS-CBN Corporation a letter last Monday to prevent the promotion of the song, which allegedly runs contrary to the administration’s war on illegal drugs. “It appears that the singer was referring to the high effect of marijuana, being in its natural/organic state and not altered by any chemical compound,” Aquino said. “This runs contrary to Duterte’s administration crusade agai

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

Can a government official or employee or a police officer or even a private individual be held criminally, civilly or administratively liable when he or she intervenes, within the scope of the law, to ensure the safety of victims in cases involving violence against women and children? There will be no liability, said the Court of Appeals (CA), in a decision promulgated on November 15 and written by Associate Justice Gabriel T. Ingles who is based in Cebu City. In its decision, the CA pointed out a provision in Section 34 of Republic Act No. 9262, the Anti-Violence Against Women and Their Children Act of 2004. LEGAL PROVISION:   It states that “in every case of violence against women and their children… any person, private individual or police authority or barangay official who, acting in accordance with law, responds or intervenes without using violence or restraint greater than necessary to ensure the safety of the victim, shall not be liable for any criminal, civil or administr

Below is the opinion of Rudy L. Coronel. "Isn’t it said that the Solicitor General — well, perhaps only, or at least during, the Duterte administration — is the 16th justice?" In the aftermath of the ouster of Maria Lourdes Sereno as chief justice, there is one thing that should not be left unnoticed. So far, Solicitor General Jose Calida has yet to lose a case in the Supreme Court for the government. For example, the long and hotly contested issue on the burial of the remains of former president Ferdinand Marcos at Libingan ng mga Bayani, the declaration of martial law in Marawi City and the extension of the said martial law for one whole year in the whole of Mindanao have all been won by the SolGen with flying colors. Isn’t it said that the Solicitor General — well, perhaps only, or at least during, the Duterte administration — is the 16th justice? SOURCE:  Coronel, Rudy (2018). ‘The 16th justice’. 05:02 AM May 14, 2018. https://opinion.inquirer.net/113150

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

NEWS BY MB:  The Supreme Court (SC) has disbarred two lawyers and suspended another from the practice of law for three years for various violations of the Code of Professional Responsibility. In separate rulings, disbarred by the SC were Atty. Jorge C. Sacdalan and Atty. Renato B. Pagatpatan. Suspended was Atty. Jose M. Caringal. The summary of the rulings issued by the SC’s public information office (PIO) stated: “The SC disbarred Sacdalan and ordered his name stricken off the Roll of Attorneys effective immediately for violating Rules 1.01, 16.04, and 18.04 of the Code of Professional Responsibility.” “It also ordered him to return to complainant Rosalie P. Domingo the P50,000, as legal deposit to cover the expenses related to the expected litigation, and P100,000, as cash advance chargeable against his appearance fees and other fees, with interest of six per cent per annum…, and fined P5,000 for disobedience to the orders of the Integrated Bar of the Philippines–Comm

According to Arias (2018), cited below, it is a sad reality and a dangerous fact that the age of consent in the Philippines is 12 years old and that this has not been changed. She cites UNICEF Philippines which says that our country has the lowest age of consent in Asia, meaning that having sex with minors this young is not considered statutory rape. In a Twitter post on July 26, 2018, UNICEF Philippines said: "The Philippines has the lowest age of sexual consent in Asia and one of the lowest in the world. Tell our lawmakers to increase the age to determine statutory rape." The proposal is to raise the age of consent to 18 . It is true that rape is a heinous crime, like murder or homicide, and it is probably one of those which divide the nation regarding the issue on imposition of death penalty. This understandable since no man or woman deserves to be raped under any circumstance. Although there can be justification for death (e.g. self-defense) and theft (e.g. hunger and

Today, we are going to look at the rather thorny issue of the media and its role in politics. Whether you're talking about older forms of media like newspapers and radio or newer forms like television and the Internet, all media serves the same purpose - to provide information to the public. So we're going to discuss their strengths and weaknesses and examine how both content creators and consumers play a role in the information that is told. It could be argued that because the media only relays information it isn't actually important to the American political system, but when you look more closely at what and how this information affects voters as well as their elected officials, we can more clearly see its importance as a political institution. SOURCE: Media Institution: Crash Course Government and Politics #44. CrashCourse Published on Jan 16, 2016. https://www.youtube.com/watch?v=6F0g4N415uw&list=PL8dPuuaLjXtOfse2ncvffeelTrqvhrz8H&index=44

Today, we are going to focus on why we even have them in the first place. To avoid getting too cynical, we are going to focus on the five benefits of special interest groups and look at how these factor weigh in a group’s formation and size. We’ll also talk about lobbyists, recent congressional action to limit their influence, and finish with a discussion of both insider and outsider strategies that interest groups use to influence policy. SOURCE:  Interest Group Formation: Crash Course Government and Politics #43. CrashCourse Published on Jan 8, 2016. https://www.youtube.com/watch?v=BGo9Asfwric&list=PL8dPuuaLjXtOfse2ncvffeelTrqvhrz8H&index=43

Today, we are going to talk about something you fans out there have been demanding for months - money in politics. Specifically, we're going to talk about special interest groups and their role in the U.S. political system. Special interest groups are groups of individuals that make policy-related appeals to government - like the NRA, AARP, or the U.S. Chamber of Commerce. It's all pretty controversial, as money plays an important role in the policies and people these groups influence, so we'll bring in the clones to argue for and against them. SOURCE:  Interest Groups: Crash Course Government and Politics #42. CrashCourse Published on Dec 19, 2015. https://www.youtube.com/watch?v=bOvBA7oIIgc&list=PL8dPuuaLjXtOfse2ncvffeelTrqvhrz8H&index=42

Craig is going to dive into the history of political parties. So throughout most of history, the US political system has been dominated by a two-party system, but the policies and the groups that support these parties have changed drastically throughout history. There have been five, arguably six, party systems since the election of John Adams in 1796 (George Washington’s presidency was an unusual case, and we’ll get to that), so we’ll look at the supporters and policies of each of the parties during these eras and look at how historical contingencies cause these policy shifts. We’ll also talk a bit about the benefit of a third party, which although rarely ever wins, helps to influence political debate. SOURCE:  Party Systems: Crash Course Government and Politics #41. CrashCourse. Published on Dec 11, 2015. https://www.youtube.com/watch?v=PkltAl_cO5Y&list=PL8dPuuaLjXtOfse2ncvffeelTrqvhrz8H&index=41

Here, we are going to talk about political parties and their role in politics. So, when most people think about political parties they associate them with the common ideologies of the voters and representatives within that party, but the goal of a party is NOT to influence policies. The role of political parties is much simpler: to win control of the government. So today, we’re going got talk about why we have political parties in the first place and then finish with the five functions they use in reaching that goal. It’s a lot to cover, so next week we’ll talk about what each political party stands for and how that has changed historically. SOURCE:  Political Parties: Crash Course Government and Politics #40. CrashCourse Published on Dec 4, 2015. https://www.youtube.com/watch?v=VEmOUHxessE&list=PL8dPuuaLjXtOfse2ncvffeelTrqvhrz8H&index=40

Political campaigns are a pretty big deal. For instance the 2012 presidential election clocked in at the most expensive ever - at around $6 billion dollars! Needless to say, money plays a very big role in elections. So today, Craig is going to take a look at why we have campaigns in the first place, why the campaign seasons run for so long, and of course why campaigns cost so much. SOURCE:  Political Campaigns: Crash Course Government and Politics #39. CrashCourse. Published on Nov 21, 2015. https://www.youtube.com/watch?v=2A5QlpAyKSQ&list=PL8dPuuaLjXtOfse2ncvffeelTrqvhrz8H&index=39

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