PROJECT JURISPRUDENCE

Local government law, also known as the law on public corporations, is under political law. It deals with the powers, functions and limitations of local government units and their relationship with the national government. Under this law school subject are the following topics, including landmark pieces of jurisprudence related thereto: AUTONOMOUS REGIONS Powers & Functions Autonomous Regions & Their Relationship with the National Government PUBLIC CORPORATIONS Concept of Public Corporations Government-Owned and Controlled Corporations Classifications of Public Corporations LOCAL AUTONOMY POWERS OF LOCAL GOVERNMENT UNITS General Welfare Clause Eminent Domain Taxing Power Closure and Opening of Roads Legislative Power Ultra Vires Acts Liability of Local Government Units Settlement of Boundary Disputes Local Officials Recall of Local Elections Local Office Term Limits

Election law, which is the study of suffrage, its exercise, elective office, and regulations thereto, is under political law. Under this law school subject are the following topics, including landmark pieces of jurisprudence related thereto: SUFFRAGE Qualification of Voters Disqualification of Voters Registration of Voters Deactivation of Voters Inclusion & Exclusion of Voters Local Voting Overseas Absentee Voting Detainee Voting POLITICAL PARTIES COMELEC's Jurisdiction over Political Parties Registration of Political Parties CANDIDACY Qualifications of Candidates Disqualification of Candidates Filing of Certificates of Candidacy CAMPAIGN Premature Campaigning Lawful Election Propaganda Prohibited Election Propaganda Electoral Contributions Limitations on Expenses Statement of Contributions & Expenses ELECTION OFFENSES BOARD OF ELECTION INSPECTORS BOARD OF ELECTION CANVASSERS ELECTION REMEDIES Petition to Deny Due Course to Certificate of Candidacy Petition to Cancel Certif...

The law on public officers, which is the study of the qualifications, disqualifications, appointment, liability, removal, and remedies in civil service, is a subdivision of political law. Under this law school subject are the following topics, including landmark pieces of jurisprudence related thereto: GENERAL CIVIL SERVICE PRINCIPLES MODES OF ACQUIRING TITLE TO PUBLIC OFFICE Appointment Election Designation ELIGIBILITY REQUIREMENTS QUALIFICATIONS FOR PUBLIC OFFICE DISABILITIES & INHIBITIONS OF PUBLIC OFFICERS POWERS & DUTIES OF PUBLIC OFFICERS RIGHTS OF PUBLIC OFFICERS LIABILITIES OF PUBLIC OFFICERS IMMUNITY OF PUBLIC OFFICERS Qualified Immunity DE FACTO & DE JURE PUBLIC OFFICERS TERMINATION OF PUBLIC OFFICE CIVIL SERVICE ACCOUNTABILITY OF PUBLIC OFFICERS

Administrative law, which is the study of the rulemaking and fact-finding powers of certain agencies under the executive branch of the government, is a branch of law under political law. Under this law school subject are the following topics, including landmark pieces of jurisprudence related thereto: GENERAL ADMINISTRATIVE LAW PRINCIPLES ADMINISTRATIVE AGENCIES POWERS OF ADMINISTRATIVE AGENCIES Rulemaking Power Fact-Finding Power Investigative Power Adjudicatory Power Licensing Power Rate-Fixing Power JUDICIAL REVIEW OF ADMINISTRATIVE FINDINGS Primary Administrative Jurisdiction Exhaustion of Administrative Remedies Finality of Administrative Action

Constitutional law, which is the study of the balance between the powers of the state and the rights of the people, is a branch of law that deals with the delicate task of determining whether the government has acted in violation of the Bill of Rights. Under this law school subject are the following topics, including landmark pieces of jurisprudence related thereto: POWERS OF THE STATE THE BILL OF RIGHTS Privacy & Autonomy Human Rights DUE PROCESS OF LAW EQUAL PROTECTION OF LAWS RIGHT AGAINST UNREASONABLE SEARCHES & SEIZURES PRIVACY OF COMMUNICATION & CORRESPONDENCE FREEDOM OF SPEECH AND EXPRESSION FREEDOM OF RELIGION LIBERTY OF ABODE AND FREEDOM OF MOVEMENT RIGHT LIMITING EMINENT DOMAIN NON-IMPAIRMENT OF OBLIGATION OF CONTRACTS ADEQUATE LEGAL ASSISTANCE AND FREE ACCESS TO COURTS Public Attorney's Office Clinical Legal Education Program Integrated Bar of the Philippines Legal Aid RIGHT AGAINST SELF-INCRIMINATION RIGHTS OF PERSONS UNDER CUSTODIAL INVESTIGATION RIGHT TO C...

Political law proper, also known as constitutional law one, is a branch of law that deals with the relationship between the government and its people. Under this legal umbrella (law school subject) are the following topics, including landmark pieces of jurisprudence related thereto: CONCEPT OF A STATE Elements of a State State Principles & Policies State Immunity from Suit Inherent State Powers Police Power Power of Eminent Domain Power of Taxation PEOPLE Citizenship Bill of Rights, Generally Determinants of Citizenship Kinds of Filipino Citizenship Purpose of Distinguishing Citizenship Philippine Citizenship Lose of Citizenship Reacquisition of Citizenship Dual Citizenship Dual Allegiance TERRITORY The Philippine National Territory SOVEREIGNTY Constitutional Amendments Constitutional Revisions Plebiscite & Referendum GOVERNMENT Constitution Definition, Nature & Concepts Parts of a Constitution Constitutional Interpretation 1987 Constitution Legislative Department Compositi...

Philippine law is primarily a civil law system. This means that laws are codified into written laws such as those passed by Congress, also known as statutes, and judges merely interpret and apply these laws to actual controversies involving rights which are legally demandable and enforceable. This contrasts with common law systems where laws are developed through judicial decisions and precedents. [1] The civil law nature of Philippine law derives from the tripartite system of Philippine democracy. In this system, as stated in Article XXX of the Massachusetts Constitution, the legislative department shall never exercise the executive and judicial powers, or either of them. Also, the executive shall never exercise the legislative and judicial powers, or either of them. Finally, the judicial shall never exercise the legislative and executive powers, or either of them. This is to the end that it may be a government of laws and not of men. [2] EIGHT (8) BR...

RECOMMENDED CITATION: DELA PEÑA, Mark Angelo S. (2024), “The Case of Feria v. Court of Appeals,” 60 PJP 21, available at <insert link> (last accessed on <date>). PJP BLOG : Although this content has received a favorable recommendation for citation from the admin team of PJP, it is not yet considered a peer-reviewed journal entry. CONTACT US : For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at www.m.me/projectjurisprudence . This is the case of Feria v. Court of Appeals (2000). [1] In the case of Feria v. Court of Appeals, petitioner argued that his detention was illegal because there existed no copy of a valid judgment as required by Sections 1 and 2 of Rule 120 of the Rules of Court. The contents of such judgment could not be ascertained as entire records appeared to have been lost or destroyed in the fire which occurred at the...

RECOMMENDED CITATION: DELA PEÑA, Mark Angelo S. (2024), “Coexistence: Foreign Elements and Subject Matter Jurisdiction,” 59 PJP 21, available at <insert link> (last accessed on <date>). PJP BLOG : Although this content has received a favorable recommendation for citation from the admin team of PJP, it is not yet considered a peer-reviewed journal entry. CONTACT US : For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at www.m.me/projectjurisprudence . The existence of a foreign element does not remove the case from the court’s jurisdiction. In other words, even if the court has the need to make a choice of law, it retains its jurisdiction which is a power granted by law. The court’s power to hear cases and controversies is derived from the Constitution and the laws. While it may choose to recognize laws of foreign nati...

RECOMMENDED CITATION: DELA PEÑA, Mark Angelo S. (2024), “Subject Matter Jurisdiction and BP No. 129,” 58 PJP 21, available at <insert link> (last accessed on <date>). PJP BLOG : Although this content has received a favorable recommendation for citation from the admin team of PJP, it is not yet considered a peer-reviewed journal entry. CONTACT US : For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at www.m.me/projectjurisprudence . Jurisdiction over the subject matter is the power of the court to hear and decide a certain category of cases. The term “category of cases” refers the allocation made by law. In the Philippines, in civil cases, a claim not exceeding Php2,000,000.00 is within the jurisdiction of the first-level courts. On the other hand, a claim that exceeds said amount is within the jurisdiction of the second-level cou...

RECOMMENDED CITATION: DELA PEÑA, Mark Angelo S. (2024), “Conferment, Determination, and Acquisition of Jurisdiction,” 57 PJP 21, available at <insert link> (last accessed on <date>). PJP BLOG : Although this content has received a favorable recommendation for citation from the admin team of PJP, it is not yet considered a peer-reviewed journal entry. CONTACT US : For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at www.m.me/projectjurisprudence . Jurisdiction over the subject matter is conferred by law and determined by the allegations in the complaint. Hence, it is not determined by the allegations in the answer, comment, or opposition, except in cases when the jurisdiction of a quasi-judicial agency such as the Department of Agrarian Reform Adjudicatory Board (“DARAB”) is invoked in the latter. For the concept of subject matter ...

RECOMMENDED CITATION: DELA PEÑA, Mark Angelo S. (2024), “The Case of Frias v. Alcayde,” 56 PJP 21, available at <insert link> (last accessed on <date>). PJP BLOG : Although this content has received a favorable recommendation for citation from the admin team of PJP, it is not yet considered a peer-reviewed journal entry. CONTACT US : For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at www.m.me/projectjurisprudence . This is the case of Frias v. Alcayde (2018). [1] In the case of Frias v. Alcayde, the Supreme Court said: “Due process dictates that jurisdiction over the person of a defendant can only be acquired by the courts after a strict compliance with the rules on the proper service of summons.” In the RTC, respondent filed a petition to annul the Metropolitan Trial Court’s (MeTC’s) July 26, 2006 decision which ordered him to ...

RECOMMENDED CITATION: DELA PEÑA, Mark Angelo S. (2024), “The Case of De Joya v. Judge Marquez,” 55 PJP 21, available at <insert link> (last accessed on <date>). PJP BLOG : Although this content has received a favorable recommendation for citation from the admin team of PJP, it is not yet considered a peer-reviewed journal entry. CONTACT US : For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at www.m.me/projectjurisprudence . This is the case of De Joya v. Judge Marquez (2014). [1] In the case of De Joya v. Judge Marquez, a warrant of arrest was issued by respondent judge against petitioner for alleged violation of Paragraph 2(a) of Article 315 of the RPC in relation to PD No. 1689. Petitioner asserted that respondent judge erred in finding the existence of probable cause that would justify the issuance of a warrant of arrest again...

RECOMMENDED CITATION: DELA PEÑA, Mark Angelo S. (2024), “Aspects of Jurisdiction,” 54 PJP 21, available at <insert link> (last accessed on <date>). PJP BLOG : Although this content has received a favorable recommendation for citation from the admin team of PJP, it is not yet considered a peer-reviewed journal entry. CONTACT US : For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at www.m.me/projectjurisprudence . Jurisdiction generally refers to subject matter jurisdiction, otherwise known as jurisdiction over the subject matter. However, it must be understood that this is only one aspect of jurisdiction. It can be imagined that subject matter jurisdiction is only one of the Horcruxes of Voldemort. The completion of jurisdiction depends on the presence of other aspects. The other ones are: (a) jurisdiction over the parties; (b) j...

RECOMMENDED CITATION: DELA PEÑA, Mark Angelo S. (2024), “The Case of Auction in Malinta v. Luyaben,” 53 PJP 21, available at <insert link> (last accessed on <date>). PJP BLOG : Although this content has received a favorable recommendation for citation from the admin team of PJP, it is not yet considered a peer-reviewed journal entry. CONTACT US : For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at www.m.me/projectjurisprudence . This is the case of Auction in Malinta v. Luyaben (2007). [1] In the case of Auction in Malinta v. Luyaben, the sole issue was whether the stipulation in the parties’ Bidders Application and Registration Bidding Agreement effectively limited the venue of the case exclusively to the proper court of Valenzuela City. The Supreme Court ruled in the negative. The mere stipulation on the venue of an action is...

RECOMMENDED CITATION: DELA PEÑA, Mark Angelo S. (2024), “Venue Stipulations Ousting the Forum of Jurisdiction,” 52 PJP 21, available at <insert link> (last accessed on <date>). PJP BLOG : Although this content has received a favorable recommendation for citation from the admin team of PJP, it is not yet considered a peer-reviewed journal entry. CONTACT US : For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at www.m.me/projectjurisprudence . While venue stipulations are allowed by the Rules of Court, venue stipulations that oust Philippine courts of jurisdiction should be frowned upon. For example, a contract between two Filipinos that contains a choice of forum clause and states that the proper courts of Japan shall have exclusive venue over any case arising therefrom should be suspect. While choice of forum clauses are generally ...

The following is a list of entries on this website about private international law or "conflict of laws," a civil law subject in law school. CHAPTER 1: AN OVERVIEW OF PRIVATE INTERNATIONAL LAW Definition of Private International law [ click here ] Conflict of Laws Being "Private but Not "International" [ click here ] "Choice of law" as a Better Name than "Conflict of Laws" [ click here ] Differences: Private International Law and Public International Law [ click here ] The Case of Vinuya v. Romulo [ click here ] Substantive or Procedural Nature of Private International Law Rules [ click here ] Definition of Foreign Laws [ click here ] The Case of People v. Montenegro (1939) [ click here ] Municipal Laws, Foreign Laws, and Their Variance [ click here ] Reason for Municipal Law’s R...

RECOMMENDED CITATION: DELA PEÑA, Mark Angelo S. (2024), “Venue of Actions and Venue Stipulations,” 51 PJP 21, available at <insert link> (last accessed on <date>). PJP BLOG : Although this content has received a favorable recommendation for citation from the admin team of PJP, it is not yet considered a peer-reviewed journal entry. CONTACT US : For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at www.m.me/projectjurisprudence . Venue v. jurisdiction Venue is different from jurisdiction in that the first is a concept of procedure while the second is a matter of substantive law. The first depends on the location of the real property involved or the residence of the parties while the second depends on the allegations made in the complaint. Thus, jurisdiction is “determined” by the allegations in the pleading. The first is wai...

RECOMMENDED CITATION: DELA PEÑA, Mark Angelo S. (2024), “The Case of Marcos-Araneta v. Court of Appeals,” 50 PJP 21, available at <insert link> (last accessed on <date>). PJP BLOG : Although this content has received a favorable recommendation for citation from the admin team of PJP, it is not yet considered a peer-reviewed journal entry. CONTACT US : For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at www.m.me/projectjurisprudence . This is the case of Marcos-Araneta v. Court of Appeals (2008). [1] Sometime in 1968 and 1972, the late Roberto S. Benedicto and his business associates (Benedicto Group) organized Far East Managers and Investors, Inc. (FEMII) and Universal Equity Corporation (UEC), respectively. As petitioner Irene Marcos-Araneta alleged in her action, both corporations were organized pursuant to a contract or ar...

RECOMMENDED CITATION: DELA PEÑA, Mark Angelo S. (2024), “Venue and Types of Venue,” 49 PJP 21, available at <insert link> (last accessed on <date>). PJP BLOG : Although this content has received a favorable recommendation for citation from the admin team of PJP, it is not yet considered a peer-reviewed journal entry. CONTACT US : For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at www.m.me/projectjurisprudence . Meaning of venue Venue is the geographical location where the court sits. There are multiple trials courts scattered across the archipelago. The municipality, city or province on which the court sits is its venue. The propriety of venue is a matter of convenience while the propriety of jurisdiction is a matter of law. The first is waivable by failure to seasonably object while objections to the second may be raised at...

RECOMMENDED CITATION: DELA PEÑA, Mark Angelo S. (2024), “Jurisdiction and Competence-Competence,” 48 PJP 21, available at <insert link> (last accessed on <date>). PJP BLOG : Although this content has received a favorable recommendation for citation from the admin team of PJP, it is not yet considered a peer-reviewed journal entry. CONTACT US : For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at www.m.me/projectjurisprudence . Meaning of jurisdiction Jurisdiction is the power of the courts to hear and decide a case. It is a power granted or conferred by law to courts to pass upon judgment on a category of cases. Generally, when authors use the term “jurisdiction,” they actually refer to “jurisdiction over the subject matter.” Obviously, it can be inferred that there are other aspects of jurisdiction and subject matter jurisd...

RECOMMENDED CITATION: DELA PEÑA, Mark Angelo S. (2024), “Satisfaction of Judgments,” 47 PJP 21, available at <insert link> (last accessed on <date>). PJP BLOG : Although this content has received a favorable recommendation for citation from the admin team of PJP, it is not yet considered a peer-reviewed journal entry. CONTACT US : For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at www.m.me/projectjurisprudence . Satisfaction of judgment means that the court’s decision has been complied with. Under Section 44 of Rule 39 of the Rules of Court, satisfaction of a judgment shall be entered by the clerk of court in the court docket, and in the execution book, upon the return of a writ of execution showing the full satisfaction of the judgment, or upon the filing of an admission to the satisfaction of the judgment executed and acknow...

RECOMMENDED CITATION: DELA PEÑA, Mark Angelo S. (2024), “Determination of Parties' Rights and Obligations via Judgment,” 46 PJP 21, available at <insert link> (last accessed on <date>). PJP BLOG : Although this content has received a favorable recommendation for citation from the admin team of PJP, it is not yet considered a peer-reviewed journal entry. CONTACT US : For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at www.m.me/projectjurisprudence . Court’s determination of parties’ rights and obligations through judgment After the forum decides which law is the lex causae and after receiving evidence from the parties regarding the factual matters involved in the case, it will issue a decision through a process called “judgment.” This decision contains the court’s determination of the rights and/or obligations of the par...

RECOMMENDED CITATION: DELA PEÑA, Mark Angelo S. (2024), “Traditional and Modern Approaches in Choice of Law,” 45 PJP 21, available at <insert link> (last accessed on <date>). PJP BLOG : Although this content has received a favorable recommendation for citation from the admin team of PJP, it is not yet considered a peer-reviewed journal entry. CONTACT US : For immediate action on requests, comments, concerns, suggestions, and other forms of feedback, please message us on Facebook at www.m.me/projectjurisprudence . Traditional approaches in resolving conflict of laws problems Traditional approaches in resolving conflict of laws problems are usually called the lex loci or the lex rules. They are dubbed this way because they are called by their Latin names that start with “ lex loci ” or “ lex .” A few of these rules are: (a) lex nationalii or the nationality principle, otherwise known as the law of the co...