2nd Sem SY2009-2010

INTRODUCTION o Intent is to prevent the President to utilize government fund for election

OBJECTIVE: To acquire skills MODES OF LEGAL REASONING logic o analogy o syllogism o most common form history sociology o adapt the law to political, economic and social events that shape the law o socialization of the law is adapting the law to social conditions of the period e.g. concept of equality in modern times: contracting parties (big corp v recently laid off worker) authority stare decisis/precedent ethical e.g. Party List Ladlad was not allowed by COMELEC because of

Grading System 1/3 recitation 1/3 mid-term 1/3 finals The Comparative Study of the Judicial Role and Its Effect on the Theory on Judicial Precedents in the Philippine Hybrid Legal System

Cesar Lapuz Villanueva

Analysis of the Theory Under Art 6. Of Spanish Code: No written law => customs of the place and general principles of law Judicial decisions cannot be resorted to since lower court may disregard the decisions of the higher court Successive order according to Manresa: o Written law o Customs of the place o Judicial decisions o General principles of law In reality, general principles are resorted to prior to judicial decisions Art 8 of the NCC: judicial decisions on interpretation of laws/constitution shall form part of the legal system of the Phils. Judicial decisions are not independent sources of law in the sense of creating new law merely filling the gaps, clarifying ambiguities and harmonizing apparent inconsistencies in law Double function of courts (free scientific research): o Fill deficiencies of legislation

immorality
prudential considerations

force if all reasoning fails use force e.g. US v Afghanistan

UNARTICULATED FACTORS THAT GO INTO DECISIONS human jurisprudence Woodward and Armstrong ESTRADA RUNNING FOR PRES. The President shall not be eligible for any re-election Basis: o Logic President refers to the sitting president THE refers to a particular person

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EFFECTS OF JUDICIAL ROLE IN THE PHILS. To do otherwise could result to inconsistency in rulings in the lower courts There has never been a consistent reporter system of CA, other special courts nor CFI decisions Hierarchical application provides a testing ground for legal issues to be clarified to lay down solid judicial background for an SC review o Grounds for review by the SC of CA decisions CA decided a question of substance not determined by SC or probably not in accord with law or decisions of SC CA departed from accepted and usual course of judicial proceedings Modal Scope o Doctrinal Form

Adapt and adjust rigid and inflexible provision of law, rendered inadequate by time and circumstances, to the changing conditions of life and society. Draft of NCC which was not included in actual law: when there is no law applicable to point at issue o the general or local customs o judge shall apply rule which he believes the lawmaking body would lay down guided by the general principles of law and justice o analogous laws o foreign legislation and decisions o opinions of jurists o legal maxims Tolentino: use positive law, customs, jurisprudence, jurisconsults and commentators Art 9: No judge/court shall decline to render judgment by reason of silence, obscurity or insufficiency of the laws o

Characteristics of Theory Irony: Judicial decisions are submitted to be sources of law but do not constitute law Hierarchical Application o Decisions of SC are binding laws, while CA decisions on issues not covered by the SC serve merely as a judicial guide. o Decisions of other hand are not considered binding at all o Lower court should be allowed to depart from decisions of superior tribunals as a direct way of provoking reexamination of an important legal question o Ratio: Assure stability in legal relations and avoid confusion, it has to speak with one voice with finality, logically and rightly through the highest tribunal. Has to be definitive and authoritative.
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Civil Law v Common Law Civil Law o Abstract in the sense that it starts from the generalization and apply it to a particular example e.g. contract Implication: Deductive logic e.g. All men are mortal. Socrates is a men. => Socrates is mortal. o Systematic growth o Precedents treated as evidence o Codification doctrinal approach based on legislation e.g. administrative code, penal code, commercial code o role of the judge apply existing law on the facts of the case; mechanical Common Law o Concrete it is a case to case basis o Implication: uses inductive method

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I. PHILIPPINE LEGAL SYSTEM (IN RE SHOOP) Transplant of Anglo-American principles in the Phil. Legal System Education UP use Case Method USSC able to reverse Phil Court decisions Criminal code patterned after Ohio criminal procedures thus common law in nature Code system, practice, education based on common law system Use of American Court decisions as basis for Phil. Cases use of wording and logic Importation of law in commercial law corporation, maritime shipping, sales -, administrative law public officers, local government -, remedial law criminal and civil -, political law, special laws food and drug administration Number of justices at the beginning

o o o

e.g.: Deductive logic growth is haphazard stare decisis treated as source of law codes accumulation of general principles derived from decided cases or restatement of accumulated decisions since the growth is in a cases to cases basis, sometime cases are decided differently which could result to confusion role of the judge - creative filling gaps of the law adapt and adjust rigid and inflexible provision of law has more discretion

Hybrid or Mestizo culture o 350 yrs under the Vatican and 50 yrs under Hollywood o We were able to inherit the strengths of the two systems very good technique in legal argumentation Precedents and Stare decisis Socioeconomic developments may compel courts to revise a precedence Jurisprudentia v stare decisis o Spanish v American o Stare decisis in Phils. applies only in SC while in US stare decisis applies to any type of court Administrative Agency A development which erode the concept of stare decisis Developed due to socioeconomic changes in the Phils. Way to become a welfare state Factors that led to Common Law adoption action taken by American Colonialist Adoption of the American Court System
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IN RE SHOOP Public Law changed by conquerors since dealing with the public and are not concerned with private relations. The Americans changed the public laws of the Phils. except the penal laws 1. Constitution 2. Administrative 3. Public Affairs 4. Election 5. Procedure Private Law deals with relations of private individuals; not usually changed by conquerors 1. Family 2. Commercial changed by the Americans because their intention is to expand their economy and to do business in the Philippines a. Law on sales main business being brought to the Phils. are those who wants to sell their products in the country

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II. LAW AS PROCESS (ROE V WADE) i. American are more flexible since even lower court decisions are considered as stare decisis while in the Phils. only the decisions of the Supreme Court are considered as precedents ii. Under Art 8 of the civil code 3. Deductive or inductive reasoning 4. Codification THE BRETHREN 1. Approaches used to justify allowing abortion a. Historical History is discussed because they learned that historically prohibition for abortion is not absolute because it had been commonly accepted for thousands of years prior to the 19th century. Prohibition of abortion is not absolute in all times and in all lands b. Use of scientific data concluded that abortion may be allowed: to be decided by the doctor a. danger of abortion antiseptics and antibiotics made it relatively safe, especially in early stages of pregnancy b. Viability of fetus trimester system c. Balancing of interests a. Personal autonomy b. Potential life d. Textual a. person as used in the constitution always refers to post natal baby rather than a pre-natal fetus b. liberty includes the freedom of the woman over her own body c. privacy d. Stare decisis i. Grsiwold v Connecticut - birth control

b. Corporation law big corporations in the US were the ones who would like to do business in the Phils. c. Mortgage Law d. Negotiable Instruments intend to use checking acct for business transactions e. Law on Insolvency to ensure that when their business segments in the country went bankrupt they would have remedies f. Law on Trade/financing at that time the Americans have emerged in the power of trading and movement of capital so they have to introduce this modern law. Unlike Spain, which is a in the back of the economy, they need not update their laws 3. Property 4. Succession Effects of having a hybrid Law System - hybrid of common law (case law) and civil law (legislation) 1. American System of Legislation 2. Import American Judges 3. Judicial legislation Difference between Civil Law and Phil Common law 1. Role of judges powerful since decides on questions of facts and laws unlike in a jury system where the jury is the one who decides on questions of facts 2. Stare decisis a. How perceived by Malcolm in In re Shoop b. What is the difference between stare decisis in our Phil law system, civil law system and American common law system

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II. LAW AS PROCESS (ROE V WADE) Person used in the constitution refers to post-natal persons o Liberty persons power over own body o Due process Procedural steps in judiciary taken before a person is deprived of life, liberty or property Substantive reasonableness of a law or the ruling laid by the government; law to make the qualification of due process must be reasonable fair and not oppressive refers to natural law/right of the person as perceived by the justices Textual v analogy (methods) o Analogy mean the doctrine of stare decisis o Not appropriate because in contraception there is no yet a fertilization but in abortion there is already a life o Textual want to take the word of the constitution literally does they belong to the non-interpretive schools of taught Historical v textual o

2. Underlying reason for the decision by choice of Blackmun decision a. Experience in medical profession b. Scientific data used in deciding of the case i. Viability of the fetus at 3months? which reduce the personal autonomy of the mother thus the state would have the choice on whether or not it should step in to protect its interest on the potential life Note: Compare with the rule in the Philippines on abortion abortion is a crime whatever the reason of the mother life is protected by the state ROE V WADE Balancing of interests o Personal autonomy rights/freedom of mother to decide for her body o General welfare Compelling state interest pertains to the potential life since if the child is born, he/she will be a citizen of the state and thus could become for example a military personnel Morality since it could encourage illicit affairs o Compromise made is that abortion will be allowed only until the 2nd trimester or the 6th month because it is until this time Interpretive method v Non-interpretive method (schools of taught) o Interpretive Interpretation could be made based on the period, economic, social, etc. o Non-Interpretive Interpretation strictly based on the wording of the law
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ON ANALOGICAL REASONING Example of analogical reasoning o Camry Car1 and 2 starts even during cold weather. Therefore, Camry cars starts-up even in cold weather (inductive logic) Deficient since relevant similarities and differences need to be identified o Men are mortal. Socrates is a man. Therefore men are mortal. (deductive logic) Characteristics of analogical reasoning o Principled consistency o Focus on particulars o Incompletely theorized judgments o Principles operating at a low or intermediate level of abstraction

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III: LAW AND LOGIC OBJECTIONS TO ANALOGICAL REASONING Absence of scientific, External or Critical Perspective o Insufficiently scientific, unduly tied to current intuitions, static or celebratory of existing social practice o Have backward-looking,, conservative incremental working o Takes current legal materials as basis for reasoning, thus an obstacle to justified change through law o Efforts to reason from analogies are stuck in existing convictions o Sometimes analogies reveal mistakes reference to past cases show initial judgments are inconsistent with what we actually think Indeterminacy; Dependence on Consensus o Indeterminate in the absence of social consensus or a degree of homogeneity o Objections poses problem to analogies since it lowers the degree of consensus o Need for a degree of consensus is a problem for all form of reasoning o Analogies in law is more constrained those who made objections respect the decision of the majority and stare decisis or fixed points o Differences could be reconciled by determining the similar traits in the different views raised Search for Relevant Difference o Inevitable need for criteria never supplied by analogical reasoning o Everything are a little bit different and similar o Decided cases should be prioritized when deciding successive once o General theories may sometimes be too rigid to account for the diversity and plurality of relevant goods or no general

Types of reasoning o Top-down deductive reasoning o Reflective Equilibrium balancing of interest o Reasoning by Analogy Incompletely Theorized Practices o Classification Example on appointive and elective case Violation of equal protection law since they belong to the same classification According to the minority there is a substantive difference between the appointive and elective officials does should matter o Means-Ends Rationality

RAV v ST. PAUL Burning of cross v Burning of flag o Similarities Crimes involving actions could be prosecuted Assault or incite violence Symbols of expression guaranteed by protection of 1st Amendment o Analogy not appropriate Protected Actions which have for its contents neutral regulations regulation as to time, manner or place of expression protected does cannot be covered by freedom of speech law if not content-neutral, like symbolic, it is unprotected by the 1st Amendment o burning of the flag ordinance not contentneutral because it refers to race, color, creed, religion or gender and therefore protected by the 1st amendment

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III: LAW AND LOGIC Case system v Code System

theory could adequately account for particular convictions Sometimes there may be no criteria for truth in law except for our considered judgments about particular cases

Case system
Haphazard Restatement made by experts in specific areas of law All courts are considered as precedents Judicial legislation systematic codification SC decisions are the only ones considered as precedents o Use other methods to challenge applicability of precedents o Ways to overturn precedents changes/developments in economic and social status Custom law

ALTERNATIVE ACCOUNTS AND COMPARATIVE ADVANTAGES OF ANALOGICAL THINKING Search for reflective equilibrium o Inevitable need for criteria never supplied by analogical reasoning Hercules, Harlan and Integrity o Law is a system of rules proceeding from authoritative sources o Hercules places large emphasis on fit o Both Hercules and analogy are concerned to develop principles that organize cases but in Hercules theories are produced largely on the basis of abstract moral theory it is too deeply theorized General theories and economic analysis of law

Code system

RATIO DECIDENDI Facts Issues Reasoning obiter dictum Conclusion - ratio Case: Ratio: An extraditee, in a case that is not a capital offense & where the evidence of guilt is not strong, should not be denied the right to apply for bail provided that he is not a flight risk.

Only the ratio decidendi becomes the precedent and not the obiter dicta
To determine ratio decidendi: facts + outcome = precedent Cardozo, supra (Lecture IV)
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SCHOOL OF TAUGHT IN STARE DECISIS Mechanical & Textual o Attack of stare decisis o Mode of reasoning is based on science o The science of the law is based on scientific method which is based on empirical methods Gather information based on 5 senses Experimentation o Problem: too mechanical and try to fit cases to the general principles which may be inadequate or already inapplicable based on current circumstances o Solution law should be stable but should not stand still. Stable in the sense that it should not cave to the caprice of justices but should be change when times requires it. Middle Ground: Cardozo mixed of stare decisis and socialization Sociological

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IV. LAW AND LANGUAGE

Schools of Constitutional Analysis Interpretive o Schools Sociological Non-interpretive interpretation should be limited to the text of the Constitution MECHANICAL JURISPRUDENCE (POUND) Scientific method Socialization What is Mechanical Jurisprudence?

LAW AND LITERATURE (CARDOZO) Law and Literature studies o Law in literature. Understanding enduring issues as they are explored in great literary texts. Focus on the legal themes depicted in novels and other literary works. o Law as literature. Understanding legal texts by reference to methods of literary interpretation, analysis and critique. Studies the educational aspects of actual trials that involve recurring legal disputes over issues such as race relations and proper role of law enforcement in a free society. Analyze the prose and rhetoric that judges use to explain the legal arguments and conclusions in their judicial opinions. o Law and literature. Analytical tools each discipline employs when interpreting a particular text, whether it be constitutional, a statute, a judicial precedent, or a work of literature. Judges must not only judge but also write. A profession of words can have grandeur only if there exist artistry. Substance is important but one can only say that it is the only important aspect of judicial writing if one could draw the distinction between substance and mere appearance. Opinion should include: o Clearness. The sovereign virtue for the judge but must permit a certain margin of misstatement. o Persuasive force o Impressive virtue of sincerity o Fire or the mnemonic power of alliteration and antithesis Six types/methods of opinion literary styles 1. Magisterial or Imperative o First in dignity and power

THE RULES OF LAW AS A LAW OF RULES (SCALIA) Why is Scalia partial to plain meaning rule? Believes that in most cases the text would suffice If the plain meaning is not used, people would be deprived of due process since the they would not know how the provisions are to be applied Legislation should clarify the meaning of laws Rules referred to by Scalia Text of the Constitution or statutory laws o There is difference between constitutional and statutory interpretation. Constitutional interpretation is controlled by the understanding of the people while statutory interpretation is controlled by the intention of the framers. Precedents: stare decisis o Stare decisis are merely evidence of the law in civilian law system while it is considered as sources of law in common law system o In the Philippines, Two modes of reasoning challenged by J Scalia Balancing of interest Plain meaning
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IV. LAW AND LANGUAGE CJ Puno A freer use of the resources of illustrations and analogy and history and precedent, in brief, a tone more suggestive of the scientific seeker for the truth and less reminiscent of the priestess on the tripod o March of opinions from established premises to inevitable conclusions 6. Tonsorial or agglutinative o Succession of quotations closes with a brief paragraph expressing firm conviction that judgment for the plaintiff or for defendant follows as an inevitable conclusion o Cut and paste of items from decisions of the lower or other prior decisions Dissenting opinion. Speaks to the future o o NICOLAS V ROMULO 578 SCRA 440 Ponente: Azcuna, J. Nature: Petitions for certiorari as special civil action and/or or review of the decision of the CA Facts: 11.01.05. Rape Pursuant to VFA bet. USA and Philis., USA was granted custody of Smith pending the proceeding. Trial was transferred from RTC of Zambales to RTC of Makati for security reasons 12.04.06 RTC found Smith guilty and the other accused were acquitted. Smith was detained at the Makati jail until USA and Phils. come to an agreement pursuant to Article V of the VFA. 12.29.06. Smith was taken out of Makati jail and transferred to US Embassy pursuant to Romulo-Kenney Agreement of 12.19.06 and 12.22.06. 01.02.07. The CA decided to dismiss the petitions that the Phils. should have custody over Smith for having become moot.

2.

3.

4.

5.

Meager in illustrations and analogy Argues in downward rush and overwhelming conviction of syllogism o Exudes sense of mastery and power o Movement from premise to conclusion is put before the observer as something more impersonal than the working of an individual mind. o Use of Superlatives, sounds imposing and sure and calm o Utilized in fields where some established principle is to be applied to new facts or where the area of its extension or restriction is fairly obvious or narrow. o Omit immediate steps and stages and leap to conclusions o e.g. judicial power, slavery Laconic or Sententious o Declined as law have become more complex to be forced within a sentence o Use of epigram, jest or joke. Conversational or homely o Appeal to everyday experience/emotion o Making it appear that the dictate is similar to those which we practice or we considered as customs. o Including examples which common people experience or are likely to experience Refined or artificial o Translate native dialect to English, I would be better if they just write in the national language o The process of thinking in native language is different from the process of thinking in English language o Importance of connotation o Euphemism is a kind of artificial language o Lend itself to cases where there is need of delicate precision o Use of more appropriate words o e.g. construction of a will Demonstrative or persuasive o o

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IV. LAW AND LANGUAGE executing or there is an implementing legislation to make them enforceable Given a common term like acknowledged can be a subject of differing interpretations

Analysis: Bayan v Zamora. VFA is valid as it was duly concurred by the Phil. Senate and recognized as treaty by the duly authorized representative by the US government o Manner of recognition by the US is a matter of internal US law. Per US practice, agreements that are policymaking in nature are submitted to the Senate.

Relation bet. VFA and RP-US Mutual Defense Treaty of August 30, 1951 (which was concurred by both US and Phil. Senates) o VFA, the instrument agreed upon to provide joint RP-US military exercises, is simply an implementing agreement to the main RP-US Military Defense Treaty. Thus, need only to be submitted to the US Congress under the Case-Zablocki Act Valid since made for the purpose of developing the capability to resist an armed attack falls under the provisions of the RP-US Mutual Defense Treaty.

o o

Equal Protection Clause is not violated because there is a substantial basis for a different treatment of a member of a foreign military forces allowed to enter our territory and all other accused. The Romulo-Kenney Agreements of 12.19/22.06 not in accord with the VFA itself because the detention in the US Embassy is not by Phil Authorities as stated under art. V, Sec10 of the VFA. VFA is self-executing and covered by legislation under Case-Zablocki Act

Styles used in the opinion: Art 18 Sec 25. Acknowledge as a treaty Medellin Doctrine. Treaties entered into by the US are not automatically part of their domestic law unless these treaties are selfSPROMA (01-12999)

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V. CONSTITUTIONAL INTERPRETATION The constitutions text is authoritative but not exhaustive or even within its sphere, necessarily self-defining o Constitutions text need not find its most obvious support in the Constitutions text in order to be deemed part of the supreme law of the land o Authority of constitutional text does not mean to read everything in its plain meaning although this remains an important idea. o According to Black: it will be the constitutional provisions themselves that will supply the terms to which we hold ourselves accountable o The constitutional text is taken as authoritative in the sense that anything flatly contrary to it cannot stand, even if not as invariably exhaustive of the universe of constitutional meaning o Interpreting constitutions text requires close attention to linguistic context that is to surrounding language o e.g. appointments to positions which requires confirmation from Commission on Appointments Constitutional Structure o Pertains to relationships of two or more rights, structures, institutions, etc. o Relations between political liberty and individual rights, liberty v power, rights v authority o Government architecture. e.g. separation of powers, how the different branches relate to each other. For example, issue on executive privilege in relation to the investigation proceedings of the legislative. o Balancing of rights, freedom of speech o Strong point. Very useful in constitutional interpretation because it goes beyond the text but not on statutory legislation since o

APPROACHES TO CONSTITUTIONAL ANALSIS (TRIBE) Modes of Construction Textual o Two schools of taught on the proper interpretation of the Constitution Originalist. Weak position because some of the concepts used at the time of ratification no longer applies in current times Blacks were not considered as persons but as slaves, women were not considered eligible to vote. Non-originalist. Interpretation in light of changing circumstances. e.g. due process, originally includes only the steps/procedures to be taken by the court so that a person would not be deprived of life, liberty and property. Subsequently, in light of laissez faire, it acquired a substantive aspect so that now we have the procedural and substantive aspect which refers to the reasonableness or fairness of a particular provision of law passed by Congress. o Meaning of a word in a law should be limited to the 4 corners of the document. But still need to interpret the meaning of a term in relation to its historical and context. Literal interpretation would almost always lead to absurd interpretations. o Major Objection: Text does not answer all questions of meaning o Used in ordinary problems of reading: issues of ambiguity, vagueness, obscurity o Authoritative terms of the text do not, in general, posit the existence of a kind of legal vacuum in which the absence of text entails the absence of law
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V. CONSTITUTIONAL INTERPRETATION o Original meaning would at least establish a baseline and create a presumption to be overcome When new meanings should be resisted. Domestic Violence originally meant as internal conflicts/civil war? But now includes violence inside the home. Original meaning v original intent. Meaning to the common people since they were the ones who ratified the constitution versus meaning for the framers What particularly illustrious thinkers believe may reasonably be invoke not as direct proof of the original meaning of the Constitution but as a source of insight into what the Constitution might be though to mean today. Forbidding a kind of abuse v establishing an institution or practice. Essence read differently as time changes and adhering to historic practice to ensure that it would not change. unreasonable searches and seizures (specified items per law new items such as DNA, computer files), Abuse-avoiding. Freedom of speech, unreasonable searches and seizures, private property taken by government without just compensation, due process Preserving institutions. Right of trial by jury Reason for post-enactment history to justify a changed reading To avoid conflict with subsequent constitutional text since intention is to make the all provisions to survive and not struck down any To render a constitutional provision more harmonious with and more faithful to the provisions basic meaning in light of subsequent

it mostly deals with only one institution and one subject, thus does not deal so much with relations. o The constitution is a hypertext a text and a gloss not unlike a medieval manuscript o Constitutions structure: that which the text shows but does not directly say diction, word, repetition and documentary organizing forms all contribute to a sense of what the constitution is about o e.g. concept of separation of powers, o According to Justice Rehnquist: when the Constitution is ambiguous or silent on a particular issue the Court has often had to rely on notions of a constitutional plan or the ordering of relationships within the federal system necessary to make the Constitution a workable governing charter o Appropriate to flesh out the contours and content of federalism-based limits on the national government or to fill in the elements of the separation of powers. It is also important in order to give shape and substance to unenumerated rights Historical o Take into consideration what was happening during the time the text was created/ratified. o What should the text convey to a reader who looks to it across generations for instruction on required, permitted, or prohibited courses of action. o Reader should begin with what the provisions or the design meant at the time they were conceived and at the time they become law o Check what is meant by the provision in order to extend its meaning to current situations, e.g. rules concerning captures (piracy) on land and water extended to those made through the internet.

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V. CONSTITUTIONAL INTERPRETATION Security of persons does not only include ____ but includes freedom from threats of arrest

developments whether or not in the form of new constitutional language. Nations Ethos/Moral/Ethical o Direct appeal to underlying values and commitments are often controversial o e.g. cruel and unusual punishment, due process of law o propositions to appeals to values in constitutional argument o values also form part of the constitution o e.g. appointment of CJ-in-waiting, there is a gap in the constitutional provision on appointment of CJ during the election ban Stare Decisis. o Interpretations of court o Court aims to preserve the basic meaning of the Constitution by improving ones reading of its terms Combination

Textual interpretation : Sec. Of Natl Defense v Manalo What was interpreted: Right to be Secured o Secure in relations to persons invoked by the Manalo brothers security of persons from bodily harm o Secure in relation to papers invoked by the Secretary of National Defense related to seizure What did the SC ordered the lower court? Furnishing of documents related to the abduction of the Manalo brothers It as improper for the Sec of Natl Defense to invoke the provision in the Constitution in Right to Security since the provision intends to protect private individuals from abuses of the State/government powers and not the other way around. Furthermore, with respect to petition of the Manalo brothers, Writ of Amparo is likened to a subpoena duces tecum

Historical interpretation : Estrada v Escritor Interpretation of immorality: public v religious Importance of historical aspect? Factual question: Estradas sincerity to religious belief Ponente is defending his position against that of the Dissenting Opinion of Carpio-Morales. There is a wall between public and religious morality. Dissenting opinion is insisting that two persons in a live-in situation are engaged in an immoral conduct. Court held that concept of immorality should not be interpreted in religious terms because of differences in views and beliefs of different religious orders. E.g. bigamy per se is not immoral since this is allowed under the Muslim Laws Structural interpretation : N. Cotabato v GRP Structures: o Executive Promise of legislation MOA-AD recognizes a separate state which have separate executive, legislative and judiciary functions MOA-AD pass a law to validate the MOA abolishing the ARMM and establishing Bangsamoro o Legislation Function threatened due to promised future legislation o Judicial justiciability Relationship between the President and the judiciary Ruling over the proposed MOA MOA would diminish the power of the judiciary

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V. CONSTITUTIONAL INTERPRETATION considered a right which could just be taken away by the state. Prudential/Balancing: Iglesia ni Cristo v CA MTRCBs power to regulate v INCs right to freedom of religion and religious speech The Court held that the government has the power to regulate but it failed to show clear and present danger or evil. Thus, it cannot trump the freedom of speech. Different kinds of legitimacy so that decisions of the SC would be respected Legal Ethical from the perspective of the community Sociological CONSTRUING THE SOUNDS OF CONGRESSIONAL AND CONSTITUTIONAL SILENCE Silence can be interpreted in two ways: o Silence means yes, it is implied in the law thus enacted o Silence means no, it is not implied in the law does cannot be enforced. Context. Written by a common law lawyer as compared with the civil law. In the common law system, the Judiciarys interpretation becomes law of the law and may even repeal existing laws as enacted by the Congress. Example: Immunity of President from suit based on history Civil Law v Common Law o Civil Law Legislature creates law Draft bills Legislative investigation Debate Approval More democratic Future general

Destroy the structures of government Decision: Declared MOA-AD as unconstitutional

Stare Decisis: Lambino v COMELEC Why does Puno think that the decision in Santiago should not be followed: o Court did not decide to strike down the o In Santiago the ruling is that There was no law passed by Congress which would implement the peoples initiative. o In the Lambino Case, the court held that RA 6735 was sufficient it was only applicable to statutory but not to constitutional amendment. Factors to consider before overturning prior decisions: o Workability o Reliance o Intervening developments in law o Changes in fact should be relevant o Others: closeness of voting, age or prior decisions, merits of prior decisions o Silence o Judicial activism v passivity not applicable in the Philippines since our Constitution requires that Judiciary has expanded function of determining grave abuse and that it should not refrain from giving judgment even if the law is silent. Ethical: Chavez v Gonzales Ethical justification of freedom speech. Must be seen in relation to ethics of a democratic government. An individual as part of state must take part in the decision process making, thus must have access to information, be free to express opinion. Otherwise, would not be able to participate meaningfully in the democratic process. Freedom of press must be justified with the democratic ethic. Otherwise, it would be
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V. CONSTITUTIONAL INTERPRETATION

Judges are not in the position to legislate. Law students are trained under highly specialized sections of law. Associations are limited to lawyer/ more affluent class Common Law Judges decisions forms part of the law Common law lawyers considers the following process superior over legislation Adversarial litigations Test of principles judgment judicial review past facts at hand rules devised to thwart legislation Narrow and illiberal construction. Holding laws to those cases which it covers expressly. Strict construction o Penal. It results to deprivation of loss or impairment of life, liberty or property thus need to be construed strictly against the state. o Statutes in derogation of legal rights. Narrow and illiberal attitude

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VI. STATUTORY CONSTRUCTION Spirit over the letter of law: Ang Bagong Bayano v COMELEC Facts: o Petitioner challenged the validity of allowing major political parties to participate in the party-list system Decision: Major Political Parties may participate in the party-list system as long as they represent marginalized and unrepresented sectors of the society such as labor, women, peasant, urban poor, indigenous cultural communities, and youth Conclusiveness of legislative findings: People v Ferrer Facts: Defendants in a case on AntiSubversion law assails the constitutionality of this law due to being a bill of attainder Issue: WON the Anti-Subversion Law is null and void as being a bill of attainder? No. Decision: Anti-Subversion law is upheld and considered as not a bill of attainder. Members of CPP are in violation as the law as declared by Congress in 1957. Court accepted the declaration of Congress because of the legislative procedures followed by the body to arrive at a Congressional declaration. General v Specific Words: Borromeo v Marciano Facts: Case of transfer of a judge from one district to another. Governor appoints Borromeo, who is the current judge in District A, as judge of District B which Borromeo refused. then appoints Marciano as judge of District A. What do you mean by harmonizing two words? Appointment. Power of governor-general (GG). Intent is to vest power to GG to appoint judges.

Relation to Constitutionality: White Light Corp. v City of Mla. Facts: o Challenged validity of Mla. City Ordinance preventing hotels/motels from providing washup accommodations Right to Privacy o Should be justified by a compelling state interest o There are other legitimate activities impaired o To justify impairment: for public interest, must be reasonably necessary for the accomplishment of the purpose, not oppressive to private rights, no other means to accomplish purpose less intrusive to private rights can work. Freedom of Movement Right to use property o Deprives property owners of business Harmonization of Constitution: Francisco v HOR Facts: o Impeachment of Davide o 1st filed in July and dismissed on Oct. o Another impeachment case on Oct after the first was dismissed Issue: Definition of initiate in the Constitution versus that in the Rules and procedure promulgated by the Congress for Impeachment cases. (implementing rules) Initiate per Constitution pertains to initial filing Initiate per Congress Rules pertains to hearing of the Committee of the case Justification: o Verba legis o Intent of framers

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VI. STATUTORY CONSTRUCTION only applies when clearly established court held casus omissus does not apply. No omission just a substitution. Expressio unius est exclusion alterus not applicable. When statute appears to limit the enumeration, but there is no valid ground for the exclusion, the maxim would not apply. Court laid down historical changes in the laws using the list and observed that when the 2 words were removed the 2 new words appear.

Transfer. Power of GG. Transfer should be with consent (preside the independence of the judiciary). How to determine general and specific: o Proviso specific. The purpose of the provisio is to limit the application of law. o Subject matter. Check which one creates limitation.

General v Specific Laws: Lagman v City of Manila Facts: City of Manila passed ordinance to reroute traffic on roads and streets within Manila. Public Service Commission grants certificate of public convenience Decision: City of Manila utilized its Police power over Administrative Power. Power to regulate its territory. Reddendo Singula Singulis: King v Hernaez
Refers only to the last. When a list of words has a modifying phrase at the end, the phrase refers only to the last, e.g., firemen, policemen, and doctors in a hospital.

Facts: Issue: management, operation or administration + officer, employee or laborer Decision: concept of reddendo singular singulis does not apply. Each word to be applied to the subjects to which it appears by context most properly relate and to which is most applicable.

Antecedent and disqualifying words: Quisumbing v Garcia Facts: Issue: WON a sanggunian authorization separate from the appropriation ordinance is required? Decision: o If ordinance contains sufficient detail on the project no need for separate authorization o If ordinance describe project in general terms separate authorization is required o If not included in the ordinance sanggunian approval is required. Disbursements. Sec 306 v Sec 346.

Casus Omissus: People v Manantan A case not provided for in the statute A person, object, or thing omitted from an

enumeration must be held to have been omitted intentionally

Facts: judge of CFI , justice of peace was subsequently omitted from list. No judge of CFI, justice of peace no justice, judge Court held that justice of peace would fall under the category of judge. Since doctrine

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