2nd Sem

SY2009-2010
INTRODUCTION

OBJECTIVE: To acquire skills o Intent is to prevent the President

to utilize government fund for
MODES OF LEGAL REASONING election
logic
o analogy Grading System
o syllogism 1/3 recitation
o most common form 1/3 mid-term
history 1/3 finals
sociology
o adapt the law to political, The Comparative Study of the Judicial Role
economic and social events that and Its Effect on the Theory on Judicial
shape the law Precedents in the Philippine Hybrid Legal
o socialization of the law is adapting System
the law to social conditions of the Cesar Lapuz Villanueva
period
e.g. concept of equality in Analysis of the Theory
modern times: contracting Under Art 6. Of Spanish Code: No written law
parties (big corp v recently => customs of the place and general
laid off worker) principles of law
authority stare decisis/precedent Judicial decisions cannot be resorted to since
ethical e.g. Party List Ladlad was not lower court may disregard the decisions of
allowed by COMELEC because of the higher court
immorality Successive order according to Manresa:
prudential considerations o Written law
force if all reasoning fails use force e.g. o Customs of the place
US v Afghanistan o Judicial decisions
o General principles of law
UNARTICULATED FACTORS THAT GO INTO In reality, general principles are resorted to
DECISIONS prior to judicial decisions
human jurisprudence Art 8 of the NCC: judicial decisions on
Woodward and Armstrong interpretation of laws/constitution shall form
part of the legal system of the Phils.
ESTRADA RUNNING FOR PRES. Judicial decisions are not independent sources
The President shall not be eligible for of law in the sense of creating new law
any re-election merely filling the gaps, clarifying ambiguities
Basis: and harmonizing apparent inconsistencies in
o Logic law
President refers to the Double function of courts (free scientific
sitting president research):
THE refers to a particular o Fill deficiencies of legislation
person

SPROMA (01-12999) UPLAW LEGAL METHOD| 1

 2nd Sem
SY2009-2010
EFFECTS OF JUDICIAL ROLE IN THE PHILS.
o 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
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.
SPROMA (01-12999)
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
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
UPLAW LEGAL METHOD| 2
 2nd Sem
SY2009-2010
I. PHILIPPINE LEGAL SYSTEM (IN RE SHOOP)
e.g.: Deductive logic
o growth is haphazard
o stare decisis treated as source of law
o 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
o 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
SPROMA (01-12999)
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
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
UPLAW LEGAL METHOD| 3
 2nd Sem
SY2009-2010
II. LAW AS PROCESS (ROE V WADE)
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
SPROMA (01-12999)
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
UPLAW LEGAL METHOD| 4
 2nd Sem
SY2009-2010
II. LAW AS PROCESS (ROE V WADE)
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
SPROMA (01-12999)
o 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
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
UPLAW LEGAL METHOD| 5
 2nd Sem
SY2009-2010
III: LAW AND LOGIC
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 content-
neutral because it refers to race, color,
creed, religion or gender and therefore
protected by the 1st amendment
SPROMA (01-12999)
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
UPLAW LEGAL METHOD| 6
 2nd Sem
SY2009-2010
III: LAW AND LOGIC
theory could adequately account for
particular convictions
o Sometimes there may be no criteria for
truth in law except for our considered
judgments about particular cases
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
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)
SPROMA (01-12999)
Case system v Code System
Case system
Haphazard
Restatement made by experts in specific
areas of law
All courts are considered as precedents
Judicial legislation
Code system
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
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
UPLAW LEGAL METHOD| 7
 2nd Sem
SY2009-2010
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?
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
SPROMA (01-12999)
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
UPLAW LEGAL METHOD| 8
 2nd Sem
SY2009-2010
IV. LAW AND LANGUAGE
o Meager in illustrations and analogy
o 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
2. Laconic or Sententious
o Declined as law have become more
complex to be forced within a sentence
o Use of epigram, jest or joke.
3. 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
4. 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
5. Demonstrative or persuasive
SPROMA (01-12999)
o CJ Puno
o 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
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.
UPLAW LEGAL METHOD| 9
 2nd Sem
SY2009-2010
IV. LAW AND LANGUAGE

executing or there is an implementing

Analysis: legislation to make them enforceable
Bayan v Zamora. VFA is valid as it was duly Given a common term like acknowledged can
concurred by the Phil. Senate and recognized be a subject of differing interpretations
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.
o Thus, need only to be submitted to the US
Congress under the Case-Zablocki Act
o 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.
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 self-

SPROMA (01-12999) UPLAW LEGAL METHOD| 10

 2nd Sem
SY2009-2010
V. CONSTITUTIONAL INTERPRETATION
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
SPROMA (01-12999)
o 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
UPLAW LEGAL METHOD| 11
 2nd Sem
SY2009-2010
V. CONSTITUTIONAL INTERPRETATION
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.
SPROMA (01-12999)
o Original meaning would at least establish
a baseline and create a presumption to be
overcome
o When new meanings should be resisted.
Domestic Violence originally meant as
internal conflicts/civil war? But now
includes violence inside the home.
o Original meaning v original intent.
Meaning to the common people since they
were the ones who ratified the
constitution versus meaning for the
framers
o 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.
o 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
o 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
UPLAW LEGAL METHOD| 12
 2nd Sem
SY2009-2010
V. CONSTITUTIONAL INTERPRETATION
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
SPROMA (01-12999)
Security of persons does not only include
____ but includes freedom from threats of
arrest
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
UPLAW LEGAL METHOD| 13
 2nd Sem
SY2009-2010
V. CONSTITUTIONAL INTERPRETATION
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
SPROMA (01-12999)
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
UPLAW LEGAL METHOD| 14
 2nd Sem
SY2009-2010
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
o 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

SPROMA (01-12999) UPLAW LEGAL METHOD| 15

 2nd Sem
SY2009-2010
VI. STATUTORY CONSTRUCTION
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
SPROMA (01-12999)
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 Anti-
Subversion 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.
UPLAW LEGAL METHOD| 16
 2nd Sem
SY2009-2010
VI. STATUTORY CONSTRUCTION

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.
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.
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
SPROMA (01-12999) UPLAW LEGAL METHOD| 17