Beruflich Dokumente
Kultur Dokumente
By Milagros Santos-Ong
Milagros Santos-Ong is the Director of the Library Services of
the Supreme Court of the Philippines . She is the author of Legal
Research and Citations (Rexl Book Store) a seminal book published
in numerous editions and a part-time professor on Legal Research in
some law schools in the Metro-Manila.
Table of Contents
1.
Introduction
2.
Political Structure
3.
Government Structure
3.1.
Executive Branch
3.2.
Legislative Department
3.3.
Judicial System
3.4.
Constitutional Commissions
3.5.
Local Governments
3.6.
Other Government Agencies
4.
Legal System
4.1.
Nature of the Philippine Legal System
4.2.
Sources of Law
5.
Philippine Legal Research
5.1.
Research of Statute law
5.2.
Research of Case Law
6.
Legal Profession and Legal Education
6.1.
Law Schools
6.2.
Bar Associations
7.
Law Librarians Association
Part 2: Philippine Legal Information Resources and Citations
1. Introduction
The Philippines is an archipelago of 7,107 islands with a land area of
299,740 sq. kilometers. It is surrounded by the Pacific Ocean on the
East, South China Sea on the North and the West and the Celebes Sea
on the South. This comprises the National Territory of the
Philippines. Article I of the 1987 Constitution provides that the
"national territory comprises the Philippine archipelago, with all the
islands and waters embraced therein and all other territories which
the Philippines has sovereignty or jurisdiction."
Laws enacted by Congress defined the baselines of the territorial sea
of the Philippine archipelago. As early as 1935, the baselines have
been defined in the 1935 Constitution. This was followed by
Republic Act No. 3046 as amended by Republic Act No.5446.
Republic Act No. 9522, approved on March 10, 2000 amended both
laws and defined the archipelagic baselines as Regime of Islands
(section 2) This definition is consistent with Art.121 of the United
Nations Convention of the Law of the Sea (UNCLOS), where the
Philippines took an active part. Rodolfo Severino, in his article
Clarifying the New Philippines Baseline Law (Republic Act No.
9522) stated that the purpose of the law is mainly to amend the
existing baselines act and to define the archipelagic baselines of the
Philippines. It does not extend the baselines to Spratlys or to
Scarborough Shoal, both of which China and Vietnam claim in their
territory, while the Philippines claims a part of what are called
Spratlys and all of Scarborough Shoal . Protest made by China
remains. The constitutionality of the law was question at the
Supreme Court in the case Magallona, et. al vs. Ermita, et. al., G.R.
No. 187167. The decision upholding the constitutionality of the law
was penned by Justice Antonio T. Carpio on July 16, 2011. The
petitioners of the case were professors of law, law students and a
legislator. The petitioners filed the case in their capacities as citizens
of the Philippines, taxpayers and legislators. Noteworthy to mention
are the two grounds invoked by the petitioners in questioning the
constitutionality of the law:1). RA 9522 reduces the Philippine
maritime territory, and logically, the reach of the Philippine states
sovereign power, in violation of Article 1 of the 1987 Constitution
and 2) RA 9522 opens the countrys waters landward of the
baselines to maritime passage by all vessels and aircrafts,
undermining Philippine sovereignty and national security,
contravening the countrys nuclear-free policy, and damaging marine
resources, in violation of relevant constitutional provisions.
Justice Antonio T. Carpio in his speech before Philippine Women
Judges Association, entitled Protecting the Nations Marine Wealth
in the West Philippine Sea, March 6, 2014, provided an illustration
of the baselines defined by Republic Act Nos. 5446 and 9522.
The Philippines claim to the Spratlys and the historic claim to Sabah
remain unresolved. The Philippines is now confronted with
conflicting claims in the South China Sea which is governed by the
1982 United Nations Convention on the Law of the Sea (UNCLOS)
which entered into force in 1994. The Philippines and China who are
claimants to the South China seas are among the 165 countries that
have ratified the UNCLOS.
Chinas claim is based on the 9-dashed line which covers a total area
almost 90% of the South China Sea. In a speech delivered by Senior
Associate Justice Antonio T. Carpio entitled, The Rules of Law in the
West Philippine Sea Dispute, he stated that Chinas 9-dash claim
encroaches on 80% on the Philippines 200-nm exclusive economic
zone (EEZ) and 100% of its 150-nm extended continental shelf (ECS)
facing the South China sea what the Philippines call West
Philippine sea. Chinas 9-dash line claim has similar effects on the
EEZs and ECSs of Vietnam, Malaysia, Brunei and Indonesia facing
the South China Sea.
published since 1953 have shown the nine-dotted line in the South
China Sea.
The Philippines however has its own version on historical claims
based on historical maps available at the United States Library of
Congress, National Library of Australia. The Philippine historical
claim can be seen in a cartographic exhibit entitled Historical
Truths and Lies, Scarborough Schoal in Ancient Maps , which was
based on the June 2014 of Senior Associate Justice Antonio T.
Carpio. The first map in this cartographic exhibit was published in
1734 by Jesuit Pedro Murillo. It is considered the "mother of all
Philippine maps."
number of which took off from the last number used before Martial
Law was declared. The numbering of Republic Acts continued from
the number last used before Martial Law (Republic Act No. 6635
(1972) and Republic Act No. 6636 (1987). The Republic form of
government by virtue of the 1987 Constitution was the same type of
republican government prior to Martial law by virtue of the 1935
Constitution with three co-equal branches: Executive, Legislative and
the Judiciary.
The Philippines once again became a Republic by virtue of
the 1987 Constitution. The same type of republican form of
government prior to Martial law was established with three co-equal
branches were organized, Executive, Legislative and the Judiciary.
Those holding office in these three co-equal branches are public
officers and employees. Constitution (1987), Article XI, provides for
the accountability of public officers. Article XI, Section 1 , Public
office is a public trust. Public officers and employees must, at all
times, be accountable to the people, serve them with utmost
responsibility, integrity, loyalty, and efficiency; act with patriotism
and justice, and lead modest lives. Public officers in the Executive
(President and Vice President) , Judiciary (Members or Justices of
the Supreme Court) and the Constitutional Commissions and the
Ombudsman may be removed from office on impeachment for, and
conviction of, culpable violation of the Constitution, treason, bribery,
graft and corruption, other high crimes, or betrayal of public trust.
All other public officers and employees may be removed from office
as provided by law, such as the civil service laws, but not by
impeachment (Article XI, Section 2).
The legislative branch is composed of the Senate and the
House of Representatives. It is the legislative branch or Congress,
which is involved in the impeachment process. The House of
Representatives has the exclusive power to initiate all cases of
impeachment though a verified complaint or resolution of
impeachment filed by at least one-third of all the Members of the
House of Representatives, and an Articles of Impeachment (Article
XI, Section 3, (1) (5)). The Senate shall have the sole power to try
and decide all cases of impeachment. When the President of the
Philippines is on trial, the Chief Justice of the Supreme Court shall
preside, but shall not vote. The public officer (President and Vice
President, members or Justices of the Supreme Court and the
the lower courts throughout the Philippines and all their personnel.
It reports and recommends to the Supreme Court all actions that
affect the lower court management. The OCA is headed by the Court
Administrator, three (3) Deputy Court Administrators and three (3)
Assistant Court Administrators.
According to the 1987 Constitution , Art. VIII, sec. 5, the
Supreme Court exercises the following powers:
Exercise jurisdiction over cases affecting ambassadors, other public
ministers and consuls, and over petitions for certiorari , prohibition ,
mandamus , quo warranto , and habeas corpus .
Review, revise, reverse, modify, or affirm on appeal or certiorari,
as the law or the Rules of Court may provide final judgments and
orders of lower courts in:
rule covers civil and criminal actions brought before the Regional
Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts and
Municipal Trial Courts involving the enforcement or violations on
the existing environmental and other related laws and regulations,
conservation, development, preservation, protection and utilization
of the environment and natural resources, promulgated during the
American period such as Act No. 3572 approved on November 26,
1929 until the present Republic such as Republic Act No. 9637
approved on May 13, 2009. The Courts designated to try these
cases are called Green Courts.
Court of Appeals :
Commonwealth Act No. 3 (December 31, 1935), pursuant to the
Constitution (1935), Art. VIII, sec. 1, established the Court of
Appeals. It was formally organized on February 1, 1936 and was
composed of eleven justices with Justice Pedro Concepcion as the
first Presiding Justice. Its composition was increased to 15 in 1938
and further increased to 17 in 1942 by virtue of Executive Order No.
4. The Court of Appeals was regionalized in the later part of 1944
when five District Courts of Appeal were organized for Northern,
Central and Southern Luzon, for Manila and for Visayas and
Mindanao. It was abolished by President Osmena in 1945, pursuant
to Executive Order No. 37 due to the prevailing abnormal
conditions . However, it was re-established on October 4, 1946 by
virtue of Republic Act No. 52 with a Presiding Justice and fifteen (15)
Associate Justices. Its composition was increased by the following
enactments: Republic Act No. 1605 to eighteen (18); Republic Act
No. 5204 to twenty-four (24); Presidential Decree No. 1482 to one (1)
Sandiganbayan :
The SDC in concurrence with existing civil courts shall have original
jurisdiction over the following cases (paragraph (2) of Article 143):
Rules of procedure are provided for in articles 148 and 158. En Banc
Resolution of the Supreme Court in 183, provided the special rules of
procedure in the Sharia courts ( Ijra-at-Al Mahakim Al Shariaa).
Sharia courts and personnel are subject to the administrative
supervision of the Supreme Court. Appointment of judges,
qualifications, tenure, and compensation are subject to the
provisions of the Muslim Code (Presidential Decree No. 1083. SDCs
and SCCs have the same officials and other personnel as those
provided by law for RTCs and MTCs, respectively.
Quasi-Courts or Quasi-Judicial Agencies:
Quasi-judicial agencies are administrative agencies, more properly
belonging to the Executive Department, but are empowered by the
Constitution or statutes to hear and decide certain classes or
categories of cases.
Quasi-judicial agencies, which are empowered by the Constitution,
are the Constitutional Commissions: Civil Service Commission,
Commission on Elections and the Commission on Audit.
Quasi-judicial agencies empowered by statutes are: Office of the
President. Department of Agrarian Reform, Securities and Exchange
Commission, National Labor Relations Commission, National
Telecommunication
Commission,
Employees
Compensation
Commission, Insurance Commission, Construction Industry
Arbitration Commission, Philippine Atomic Energy Commission,
Social Security System, Government Service Insurance System,
Bureau of Patents, Trademark and Technology, National Conciliation
Mediation Board, Land Registration Authority, Civil Aeronautics
Board, Central Board of Assessment Appeals, National Electrification
Administration, Energy Regulatory Board, Agricultural Inventions
Board and the Board of Investments. When needed, t he Supreme
Court issues rules and regulations for these quasi-judicial agencies in
the performance of their judicial functions. Republic Act No. 8799,
known as the Securities Regulation Code, reorganized the
Securities and Exchange Commission (Chapter II) and provided for
its powers and function (sec.5). Specifically provided for in these
powers and function is the Commissions jurisdiction over all cases
previously provided for in sec. 5, Pres. Decree No. 902-A (sec. 5.2).
The Supreme Court promulgated rules of procedure governing intra-
corporate controversies under Republic Act No. 8799 (A.M. No. 012-04-SC).
Decisions of these quasi-courts can be appealed to the Court of
Appeals except those of the Constitutional Commissions: Civil
Service Commission, Commission on Elections and the Commission
on Audit, which can be appealed by certiorari to the Supreme Court
(Art. IX-A, sec. 7).
Other Judicial Procedures:
Katarungang Pambarangay - Presidential Decree No. 1508, or
the Katarungang Pambarangay Law, took effect December 11, 1978,
and established a system of amicably settling disputes at
the barangay l evel. Rules and procedures were provided by this
decree and the Local Government Code, Title I, Chapter 7, sec. 339422). This system of amicable settlement of dispute aims to promote
the speedy administration of justice by easing the congestion of court
dockets. The Court does not take cognizance of cases filed if they are
not filed first with the Katarungang Pambarangay.
Alternative Dispute Resolution (ADR) System - Republic Act No.
9285 institutionalized the use of an alternative dispute resolution
system, which serves to promote the speedy and impartial
administration of justice and unclog the court dockets. This act shall
be without prejudice to the adoption of the Supreme Court of any
ADR system such as mediation, conciliation, arbitration or any
combination thereof. The Chairperson of the Sub-Committee on the
Rules on Alternative Dispute Resolution recommended the Special
Rules of Court on Alternative Dispute Resolution (A.M. No. 07-1108-SC) to the Supreme Court En Banc and it was approved on
October 30, 2009. The Department of Justice on the other hand
promulgated Department Circular No. 98 - Implementing Rules and
Regulations of the Alternative Dispute Resolution Act of 2004
(Republic Act No. 9285) on December 4, 2009. The Supreme Court
on June 22, 2010 approved the Rules on Court-Annexed Family
Mediation, amending the Rules on Court Annexed Mediation and the
corresponding Code of Ethical Standards for Mediators. (A.M. No.
10-4-16-SC).
The Supreme Court by virtue of an En Banc Resolution dated
October 16, 2001 (Administrative Matter No. 01-10-5-SC-PHILJA),
the Cordillera people. Efforts in Congress are being made for the
passage of another law.
The Autonomous Region in Muslim Mindanao (ARMM) was created
by Republic Act No. 6734 and further strengthened by Republic Act
No. 9054. Republic Act No. 6734 was passed by both houses of
Congress on February7, 2001 and lapsed into law without the
signature of the President in accordance with Article VI, Section 27
(1) of the Constitution on March 31, 2001. The ARMM has its seat of
government in Muslim Mindanao. It is composed of four
provinces, Lanao del Sur, Maguindanao, Sulu and Tawi-Tawi. It is
guided by its own Constitution and Organic Act. It has its own
Legislative, Executive and Administration of Justice (Judicial)
department of government.
In the case of Disomangcop v. Datumanong, G.R. No. 149848,
November 25, 2004, touch on the fate of the autonomy for Muslim
Mindanao. In this decision Justice Tinga stated we have the
overwhelming support of the Bangsa Moro and the Cordillera
Constitution. By this we mean meaningful an authentic regional
autonomy. We propose that we have a separate Article on the
autonomous regions for the Bangsa Moro and the Cordillera people
clearly spelled out in the Constitution, instead of prolonging the
agony of...
This ARMM will be replaced by the Bangsang Moro basic law
according to the Chief Peace Negotiator Marvic Leonen. The
Philippine Government and the Moro Islamic Liberation have
agreed to form the transition commission to craft the basic
Bangsamoro Basic Law. Framework of Agreement of the Bangsa
Moro was drafted in 2012. Annex of Power Sharing was signed in
Kuala Lumpur, Malaysia on December 8, 2013 between Prof. Miriam
Coronel- Ferrer as the GPH Panel Chair and Mohaher Iqbal as the
MILF Panel Chair, in the presence of the Malaysian Facilitator
Tengku Dato Ab Ghafar Tengku Mohamed.
4.
Legal System
Classification by Source:
It is important for legal research experts to know the source where
the materials were taken from. One has to determine whether they
came from primary (official) sources or secondary (unofficial
sources). Primary and secondary sources for the sources of law are
found in Part 2: Philippine Legal Information Resources and
Citations - A.v Treatise/Annotations/Commentaries, etc.
Primary sources are those published by the issuing agency itself or
the official repository, the Official Gazette. The Official Gazette
online was launched by the Office of the President in July 2010.
This online version is maintained and managed by the Presidential
Communications Development and Strategic Management
Office. . Thus, for Republic Acts and other legislative enactments or
statutes, the primary sources are the Official Gazette published by
the National Printing Office and the Laws and Resolutions published
by Congress. For Supreme Court decisions, the primary sources are
the Philippine Reports , the individually mimeographed Advance
Supreme Court decisions and the Official Gazette . Publication of
Supreme Court decisions in the Official Gazette is selective. The
publication of the Philippine Reports by the National Printing Office
ceased in 1960s. It was only in 1983 when the publication of
the Philippine Reports was revived by then Chief Justice Enrique M.
Fernando who requested then President Ferdinand E. Marcos to take
charge of its publication with special appropriation in the Judiciarys
annual budget. However, when the Supreme Court took over the
printing in 1983, the delay in printing covered more than twenty (20)
years. The last volume printed was volume 126 (June 1967).
The Philippine Reports is up-to-date and almost complete from
1901. The volumes are to be printed cover June 1991-December
access or subscription basis. Open access for law is used for both the
government and the private sector. The Chan Robles Law Firm
Library and Arellano Law Foundation Lawphil use open access in
their electronic libraries, which contains the full-text of all sources of
Philippine legal information, case law and statute law.
Chanrobles.com has also in its database the full text of United States
decisions and materials on important legal events such as
Impeachment proceedings, bar examinations. Chan Robles conducts
online bar review program.
Official or government online source for full-text for all legal sources
and related materials in the Official Gazette online , launched in July
2010. It contains the issuances of all the executive departments,
which are found also in the websites of the different executive
departments. They aim (as reflected in their website) to include the
issuances of the legislative and the judiciary. The Supreme Court ELibrary is an electronic library (online and CD Rom for decisions
updated quarterly) for all Philippine legal information, case law and
statute law. Access however is limited to the Justices, judges and
court attorneys of the Supreme Court and law schools (by request)
through their law librarians. Decisions and issuances of the
Supreme Court and its Offices and the Appellate Courts are found in
the Judiciary portal .
CD Asia online contains full-text of Supreme Court decisions and
statutes, available on a subscription basis. Subscription may be
made solely for court decisions or statutes or for both. Central
Books eSCRA is another database which can be accessed online
with the use of desktops, laptops, notebooks, and iPads. Law Juan ,
iPad app is a new source for full-text statutes and Supreme Court
decisions available by subscription.
By using Google search, some of this legal information may be
retrieved.
The established policy is that in case of conflict between the printed
and electronic sources, the printed version coming from the issuing
government agency prevails.
Legal research for statute law in the Philippines benefited
remarkably from the use of the latest technology due to two major
problems: a) no complete and updated published or printed search
Classification by Character:
5.
laws, except Presidential Decrees and other Martial law issuances are
available.
Constitution:
The different Constitutions of the Philippines are provided in some
history books such as Gregorio F. Zaides Philippine Constitutional
History and Constitutions of Modern Nations (1970) and Founders
of Freedom; The History of Three Constitution by a seven-man
Board. The Philippine legal system recognizes the following
Constitutions: Malolos, 1935, 1943, 1973, Provisional or Freedom
and 1987 Constitutions. The 1943 Constitution was effective only
during the Second World War while the Provisional Constitution was
effective only from the time President Corazon became President
until the 1987 Constitution was ratified and proclaimed by President
Aquino by virtue of Proclamation No. 58, February 11, 1987.
Majority of printed publications provide the 1935, 1973 and the 1987
Constitutions
only.
The
online
sources ( E-library , Chan
Robles , LawPhil , CD Asia , Law Juan ) however have the full-text
of all Constitutions of the Philippines: Malolos, 1935, 1943 of
Japanese, 1973, Provisional or Freedom Constitution and 1987. The
books of Senator Ambrosio Padilla ( The 1987 Constitutions of the
Republic of the Philippines . vol. 3, pp779-863) and Carmelo Sison
provide a comparative presentation of the provisions of the 1935,
1973 and 1987 Constitutions.
Text of the Malolos Constitution is available in some history books
such as Gregorio F. Zaides Philippine Constitutional History and
Constitutions of Modern Nations , p. 176 (1970) and online. ( Elibrary , Chan Robles , CD Asia , Law Juan ).
The Constitutional Convention proceedings provide for the intent
and background of each provision of the Constitution. Sources for
the 1934-1935 Constitutional Convention are: 10 volumes of the
Constitutional Convention Record by the House of Representatives
(1966), Salvador Laurel's seven volumes book entitled Proceedings
of the Constitutional Convention (1966); 6 volumes of the Philippine
Constitution, Origins, Making, Meaning and Application by the
Philippine Lawyers Association with Jose Aruego as one of its
editors (1970) and Journal of the Constitutional convention of the
Philippines by Vicente Francisco.
Statutes Proper:
Laws passed by the new 1987 Congress started from Rep. Act No.
6636, as the last Republic Act promulgated by Congress before
Martial Law was Rep. Act No. 6635.
Legislative Enactments:
The following are the Philippine codes adopted from 1901 to present:
The Senate has prepared the entire legislature process and has
enumerated the types of legislation. This procedure is pursuant to
the Constitution and recognized by both Houses of Congress. The
When the 1987 Administrative Code (Executive Order No. 292) was
promulgated, all government agencies including government owned
and controlled corporations are mandated to file three (3) certified
copies of their orders, rules and regulations with the University of
the Philippines Law Center's Office of National Administrative
Register which in turn is required to publish quarterly the
publication called National Administrative Register . Aside from the
printed copies, the National Administrative Register is available
electronically on CD-ROM (CD Asia Technologies Inc.) and online at
the Supreme Court E-Library . Rules in force on the date on which
the Code took effect, which are not filed within three months from
the date not thereafter, shall be the basis of any sanction against any
person or party. Each rule becomes effective 15 days after the filing,
unless a different date is fixed by law or specified in the rule, such as
in cases of imminent danger to public health, safety and welfare, the
existence of which must be expressed in a statement accompanying
the rule. The court shall take judicial notice of the certified copy of
each rule duly filed or as published in the bulletin or codified rules.
University of the Philippines Law Centers Office of National
Administrative Register is not only tasked to publish this quarterly
register but must keep an up-to-date codification of all rules thus
published and remaining in effect together with a complete index
and appropriate tables. Every rule establishing an offense or
defining an act, which pursuant to law is punishable as a crime or
subject to a penalty, shall in all cases be published in full text.
Exceptions to the filing requirement" are Congress, Judiciary,
Constitutional Commission, military establishments in all matters
relative to Armed Forces personnel, the Board of Pardons and Parole
and state universities and colleges. With the use of the latest
technology, majority of government agencies including government
owned and controlled corporations maintain their own websites and
have incorporation laws and legislations relevant to their agencies.
These developments have facilitated research for administrative rules
and regulations.
As previously stated, there are no up-to-date or complete Statutes
finders. As previously stated, to facilitate legal research, one has to
go online to virtual libraries. The primary source for statutes
is: Supreme Court E-Library and the Official Gazette and Official
Gazette online . The secondary sources area: Chan Robles Virtual
Court of Appeals;
Regional Trial Courts divided into different judicial regions,
Metropolitan Trial Court;
Municipal Trial Court in Cities;
Municipal Trial Courts;
Municipal Circuit Trial Courts.
decisions. By original, this means that the keep the decisions with
the original signatures of the justices of the Supreme court and
Court of Appeals. For the rest of the Judiciary or the quasi-judicial
agencies, copies of their decisions may be taken from the Legal
Office, Office of the Clerks of Court, Records Office or their libraries.
There are no available printed compilations of lower courts
decisions. For those of the Appellate Court, the Court of Appeals has
until 1980s only and while the Sandiganbayan has only one volume.
For the Court of Tax Appeals, the compilation is only from 1980 to
present in the CD Asia CD for taxation. The details are in Part 2:
Philippine Legal Information Resources and Citations . A.iv Case
Law/ Jurisprudence
Supreme Court Decisions:
Decisions of the Supreme Court are highest source of jurisprudence,
source of law. It is the judgment of this court interprets the law
and/or determines whether a law is constitutional or not.
Unconstitutional laws even though it is signed by the President and
passed by both house of congress cannot take effect in the
Philippines.
Decisions of the Supreme Court are classified as follows:
"Regular decisions" and extended Resolutions are published in court
reports either in primary or secondary sources. These decisions
provide the justice who penned the decision or ponente and the other
justices responsible for promulgating the decision, whether En Banc
or by Division. Separate dissenting and/or concurring opinions are
likewise published with the main decision. These regular and
extended resolutions are available electronically in the Supreme
Court website under Decisions and the Supreme Court ELibrary under Decisions.
Unsigned Minute Resolutions are not published. Although they bear
the same force and effect as the regular decisions or extended
resolutions, they are issued and signed by the respective Clerks of
Court En Banc or by any of the three (3) Division s and signed by
their respective Clerks of Court. Since these Minutes Resolutions are
not published, the Supreme Court has now incorporated these
Minute Resolutions, more particularly those that resolve a motion
for reconsideration or those that explain or affirm a decision; and (2)
Philippine Digest
Republic of the Philippine Digest
Velayo's digest
Magsino's Compendium
Supreme Court's unpublished Subject Index
Martinez's Summary of Supreme Court rulings 1984 to 1997
UP Law Center's Supreme Court decisions: subject index and
digest's
SC's Case Digest's
Philippine Law and Jurisprudence
Castigadors Citations
SCRA Quick Index Digest
Title Approach or Title of the Approach: (Please See
Complete title of the publication from the Philippine Legal
Bibliography chapter)
Philippine Digest - Case Index
Republic of the Philippines Digest
Ong, M. Title Index to SC decisions 1946-1978 2v.; 19781981 1st Suppl; 1981-1985, 2nd Suppl; 1986 to present is
unpublished but available at the Supreme Court Library
portal
Ateneo's Index
The lists of lawyers who are allowed to practice are found in the Rolls
of Attorneys of the Supreme Court and the publication of the Court
entitled, Law List . The online version of the Law List, available in
theSupreme Court and Supreme E-Library , includes the annual lists
of additional members of the bar.
Applicants for the annual bar examination must have the following
(Rules of Court, Rule 138, sec. 2):
Adamson University
Aemilianum College Inc.
Aklan Colleges, Kalibo Aklan
Andres Bonifacio College
Angeles University Foundation
Aquinas University
Araullo University
Arellano University
Ateneo de Davao University
Ateneo de Manila University
Bicol Colleges
Bukidnon State University
Bulacan State University
Cagayan State University
Central Philippines University
Centro Escolar University
Colegio de la Purisima College
Cor Jesu College
Cordillera Career Development College
Dr. V. Orestes Romualdez Educational Foundation
Eastern Samar State University
Father Saturnino Urios University
Far Eastern University
Far Eastern University-DLSU
Foundation University
Holy Name University (formerly DWC-T)
Isabela State College
J.H. Cerilles State College
Jose Rizal Memorial State University
Jose Rizal University
Leyte Colleges
Liceo de Cagayan University
Lyceum of the Philippines University
Lyceum Northwestern University
Manila Law College Foundation
Manuerl Luis Quezon University
Mariano Marcos State University
Mindanao State University
New Era University
Northeastern College
Northwestern University
Notre Dame University
Reforms in the Bar Examinations (Bar Matter No. 1161) was adopted
in June 2004 and effective July 15, 2004, 15 days after it was
published in the Manila Bulletin and the Philippine Star (June 21,
2004). In 2011, new reforms were made as to its coverage and the
application of Multiple Choice Question (MCQ) exam and EssayType exams. The date of the Bar examination was moved to the four
(4) Sundays of November.
Special Bar Exams for Sharia Court lawyers is provided for by virtue
of the Court En Banc Resolution dated September 20, 1983. The
exam is given every two years. Although the exam is conducted by
the Supreme Court Office of the Bar Conidant, it is the Office of
Muslim Affairs who certifies as to who are qualified to take the exam.
Candidates to the Sharia bar do not need to be degree holder of
Bachelor of laws. Those who have passed the Sharia bar or the
Sharia lawyers are not considered as full-fledged members of the
Philippine bar for they are authorized to practice only in Sharia
courts.
All attorneys whose names are in the Rolls of Attorneys of the
Supreme Court who have qualified for and have passed the bar
examinations conducted annually, taken the attorneys oath, unless
otherwise disbarred must be a member of the Integrated Bar of the
Philippines. Bar Matter No. 850 was promulgated by the Resolution
of the Supreme Court En Banc on August 22, 2000, as amended on
October 2, 2001, providing for the rules on Mandatory Continuing
Legal Education (MCLE) for Active Members of the Integrated Bar of
The above list from the Office of the Bar Confidant does not
include newly organized law schools and/or law schools who do
not have any graduate to qualify for the annual bar
examination. They however have received accreditation from the
Legal Education Board. These additional law schools are as
follows:
The laws schools with asterisk (*) before the name of the law school
are the accredited law school or schools offering Legal Education as
of October 2014.
The following educational Association and/or Organizations:
Philippine Association of Law Deans
Philippine Association of Law Professors
Philippine Association of Law Students
6.2. Bar Associations
Integrated Bar of the Philippines :
The official organization for the legal profession is the Integrated Bar
of the Philippines (IBP), established by virtue of Republic Act No.
6397. This confirmed the power of the Supreme Court to adopt rules
for the integration of the Philippine Bar. Presidential Decree 181
(1973) constituted the IBP into a corporate body.
There are now about 50,000 attorneys who composed the IBP.
These are the attorneys whose names are in the Rolls of Attorneys of
the Supreme Court who have qualified for and have passed the bar
examinations conducted annually, taken the attorneys oath, unless
otherwise disbarred. Membership in the IBP is compulsory. The
Supreme Court in its resolution Court En Banc dated November 12,
2002 (Bar Matter No. 1132) and amended by resolution Court En
Banc dated April 1, 2003 (Bar Matter No. 112-2002) require all
lawyers to indicate their Roll of Attorneys Number in all papers and
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