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LEGAL RESEARCH

by

RUFUS B. RODRIGUEZ
A.B. (DLSU), M.A. (XU), LL.B. (UP),
LL.M. (Columbia)
Former Commissioner, Bureau of Immigration;
Former Dean, San Sebastian College, Institute of Law;
LL.M. (Harlan Fiske Stone Honors),
Columbia Law School, New York City (1995);
Certificate (with Honors), Parker School
of International & Foreign Law,
Columbia University, New York City (1995);
Fellow and Secretary-General,
Academy on American and International
Law, Dallas, Texas (1993);
M.A. Economics (with High Distinction),
'Kauier University, (1984);
17th Place (86%), 1981 Bar Examinations;
7th in Rank, LL.B. (Purple Feather Honor Society),
University of the Philippines, (1980);
A.B. Economics (Summa Cum Laude),
De La Salle University (1975);
High School (Valedictoriari),:vf~vier University (1971);
Grade School (Valedictorian), Xavier University (1967)

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PREFACE

No portion of this book may be copied or repro- The subject Legal Research in first year law school is a very
duced in books, pamphlets, outlines or notes, whether important subject.
printed, mimeographed, typewritten, copied in differ- It inculcates on the law student the need to acquire an ad-
ent electronic devices or in any other form, for distri- equate skill to do proper legal research for him to survive law
bution or sale, without the written permission of the school and then after he becomes a lawyer, to provide competent
author except brief passages in books, articles, re- representation to his clients.
views, legal papers, and judicial or other official pro-
ceedings with proper citation. It lays down before him the sources of law, both printed and
electronic which he can use to find the answers to legal issues. A
Any copy of this book without the corresponding working knowledge of what the laws and jurisprudence are and
number and the signature of the author on this page where to find them will surely be helpful to the legal researcher.
either proceeds from an illegitimate source or is in
Legal Research also teaches the law student the systematic
possession of one who has no authority to dispose of
approach in solving legal problems so that he can do research
the same. smoothly and efficiently with minimum wastage of time and effort.
These steps in legal research will assure the optimum use of time
and resources in problem solving.
ALL RIGHTS RESERVED It likewise drills him in acquiring the fundamental skill of
BY THE AUTHOR case briefing and synthesizing of cases necessary in doing legal
research. This will teach the law student to cull the significant
facts from the decisions that are applicable to the problem he is
9015 solving.
Legal Research cannot be learned simply by reading. It must
REPRINTED: JULY 2014 be practiced. Classroom work should be accompanied by library
exposure to the actual sources of law described. It should be fur-
ther strengthened by practical exercises or actual research to be
assigned and done by the law student.
ISBN l971-23-,..60-J I thank Noralisa M. Valmoria for assisting me in this book.

RUFUS B. RODRIGUEZ
05- OT-00011
9 789712 334603
June 8, 2002
Manila
~ Printedby

rrtnral REX PRINTIN~ COMPANY, iNC.


TABLE OF CONTENTS

CHAPTER 1

INTRODUCTION TO LEGAL RESEARCH

A. Legal Research, defined . . . .. .. .. . .. .. . .. . .. . .. .. . 1


B. The Need for Legal Research....................................... 1
C. Sources of Legal Research 2
D. Sources of Law............................................................... 2
1. Primary Sources.................................................... 3
2. SecondaryMaterials 3
3. Finding Tools ; '. ·....................... 4

CHAPTER2

THE LEGAL RESEARCH PROCESS

A. SystematicApproachto Legal Research .. .. .. 5


1. Identify and Analyze the Significant Facts 5
2. Formulate the Legal Issues to be Researched 6
3. Research the Issues Presented 7
4. Update................................................................... 8

CHAPTER3

FUNDAMENTAL RESEARCH SKILL:


CASE BRIEFING AND SYNTHESIS OF CASES

A. Case Briefing . 9

I
I
1. Facts
2. Issue(s)
3. Ruling
.
.
.
9
10
10
B. Exercise in Case Briefing . 10
1. Santos v. CA, 240 SCRA20 (1995) . 10
C. Synthesizing Cases . 24

v
D. Exercise in Synthesizing Cases . 25 b. Types of Legislation . 109
1. Briefing of Each Relevant Case . 25 c. Form of Statutes . 109
a. Chi Ming Tsoi v. CA, 266 SCRA d. The Enactment of Statutes . 109
324 (1997) ············································· 25 e. · The Construction of Statutes . 110
b. Republic v. CA, 268 SCRA 198 (1997) . 35 2. History of Philippine Legislation . 113
c. Hernandez v. CA, 320 SCRA 76 (1999) . 47 a. Pre-Spanish Period . 113
d. Marcos v. Marcos, G.R. No. 136490, b. Spanish Period . 114
Oct. 19, 2000 . 59 1. Spanish Laws Made Applicable·
e. Republic v. Dagdag, G.R. No. 109975, to the Philippines . 114
Feb. 09, 2001 . 70 a. The System of Laws in Spain
2. Synthesis of All Relevant Cases , . 80 and Its Antecedents . 114
1. The Code of Euric and the
CHAPTER4 Brevarium of Alaric .. 115
2. Fuero Juzgo . 116
STATUTORY LAW 3. Fuero Real . 117
4. Las Siete Partidas . 117
A. Statutory Law . 83 5. Leyes de Thro .. 119
B. The Philippine Constitution . 83 6. Nueva Recopilacion . 120
83 7. Novisima Recopilacion .. 120
1. Spanish Period .
b. Modern Spanish Codes .. 120
2. The Treaty of Paris . 84
1. Codigode Comercio of 1885 . 121
3. The Malolos Constitution of 1899 . 85
2. Codigo Penal of 1870 . 121
4. The American Period . 87
3. The Codes of Civil and
a. Organic Laws . 88 Criminal Procedure . 121
1. Pres. McKinley's Instructions 4. CodigoCivil of 1889 . 121
of April 7, 1900 . 88 2. Laws Specially Enacted for the
2. The Spooner Amendment of Colonies . 122
March 2, 1901 . 89 a. Legislation for the Colonies , .. 123
3. The Philippine Bill of 1902 . 90 b. First Collection of Laws
4. The Philippine Autonomy Act of 1916 . 91 Relating to the Colonies . 123
b. The Commonwealth Period . 92 c. Compilation of Laws Initiated
1. The Tydings-McDuffieLaw of 1934 . 92 by the Council . 124
2. The 1935 Philippine Constitution . 92 d. The CodigoOvandino . 124
5. The Japanese Period (1943 Constitution) . 96 e. General Compilation by Aguilar
6. Period after Philippine Independence in 1946 . 97 y Acuna and Pinelo . 125
a. Martial Law Declaration ~ . 97 f. The Recopilacion de Leyes de
b. The 1973 Constitution . 98 los Reynoso de Indias . 125
c. The Amendments to the 1973 Constitution 99 g. Compilations Subsequent
d. The Provisional Constitution of 1986 . 102 to the Recopilacion . 126
e. The 1987 Constitution . 103 3. Evaluation of the Laws in the
C. Treaties and International Agreements . 106 Philippines During the Spanish
D. Statutes Enacted by the Legislature . i07 Period . 127
1. Legislatfon in General . 107 4. Materials on the Spanish Laws . 127
a. Constitutional Provisions . 108 a. Primary Materials . 127

vi vii
b. Secondary Materials . 128 b. Audiencia Real - Audiencia Territorial
1. Civil Law . 128 de Manila .. 154
2. Criminal Law .. 128 c. Audiencias de lo Criminal of Cebu
3. Commercial Law . 128 and Vigan . 156
5. Legislation in the Philippines during d. Alcaldes-Mayores; Jueces de Primera
the Spanish Period .. 129 Instancia .. 156
c. The Period of the Philippine Revolution .. 129 e. Gobernadorcillos; Jueces de Paz . 156
d. The American Period . 131 f. Special Tribunals : . 157
e. The Commonwealth Period . 134 1. Ecclesiastical Courts . 157
f. The Japanese Period . 135 2. Army and Navy Courts . 158
g. The Period After Independence .. 135 3. Treasury Court .. 158
h. The Martial Law Period .. 136 4. Commercial Court.. : . 159
i. Aquino's Revolutionary Government . 136 5. Contentious Court . 159
j. Period under the 1987 Constitution .. 137 6. Probate Court . 159
3. Publications on Philippine Statutes, g. Publications During the Spanish Period .. 160
in General . 137 3. The American Period . 160
4. Summary of Philippine Legislation . 138 4. The Judicial System at present . 161
a. Legislation in the Philippines a. Trial Courts of Limited Jurisdiction . 161
(1900-2001) . 139 b. Trial Courts of General Jurisdiction . 161
b. List of Codes Enacted by Phil. c. The Intermediate Appellate Court . 162
Legislatures . 139 d. The Court of Last Resort . 163
E. Administrative Rules and Regulations . 141 C. The Doctrine of Precedent . 163
1. Agencieswith implied quasi-legislative D. "Stare Decisis" and "Res Judicata" .. 164
powers . 142 E. "Reversal" and "Overruling'' . 164
2. Agencieswith express quasi-legislative F. "Ratio Decidendi" and "Obiter Dictum" .. 165
powers . 142 G. "Binding'' and "Persuasive" Authority .. 165
3. Publications on Administrative Rules H. Form of Decisions .. 165
and Regulations . 143
I. Case Law Materials .. 166
F. Ordinances Enacted by the AutonomousRegion .. 147 1. Decisions Proper . 166
a. Decisions of the Supreme Court .. 166
G. Ordinances Enacted by Local Government Units .. 147
1. Official Repositories of Decisions
H. ComputerizedLegal Research Services . 149
of the Supreme Court . 167
2. Unofficial Reporting of Supreme
CHAPTERS
Court Decisions .. 168
b. Decisions of the Court of Appeals .. 173
CASE LAW
c. Decisions of the Sandiganbayan r .. 174
d. Decisions of the Court of Tax Appeals .. 175
A. Case Law . 150
e. Decisions of the RTCs . 175
1. DecisionsProper . 150
f. Decisions of the MeTCs, MTCs,
2. Subordinate Decisions .. 150
and MCTCs . 175
B. The Philippine Judicial System . 151
2. Subordinate Decisions .. 175
1. Pre-Spanish Period .. 151
a. Senate Electoral Tribunal and the
2. Spanish Period .. 151
House of Rep. Electoral Tribunal ....... 175
a. In General .. 151

ix
b. Administrative Agencies Exercising 4. Words and Phrases . 228
Quasi-Judicial Powers .. 176 5. Treatises and Textbooks ~ .. 229
c. Publications of Administrative Agencies 6. Restatements of the Law . 229
Exercising Quasi-Judicial Functions . 179 7. Periodicals and Indexes .. 229
d. Computerized Legal Research Services ..... 180 8. Law Dictionaries . 231
CHAPTER6 D. FINDINGS TOOLS AND OTHER MATERIALS . 231
1. Citators '. . 231
LAW BOOKS OF SECONDARY AUTHORITY 2. Law Directories . 232
3. Form books . 232
A. Case Digests . 182
B. Treatises and Textbooks . 184 BIBLIOGRAPHY . 233
C. Bar Reviewers . 211
D. Legal Periodicals . 213
E. Legal Encyclopedia .. 215
F. Law Dictionaries . 216

CHAPTER7

SEARCH MATERIALS AND FINDING TOOLS

A. Citators :...................... 218


B. Indexes 219
C. Bibliographies .. . 221

CHAPTERS

RESEARCH MATERIALS
IN THE UNITED STATES

A. CASE LAW..................................................................... 222


1. Federal Courts Decisions .. 222
2. State Courts Decisions .. 223
B. STATUTORY LAW 224
1. Federal Level......................................................... 224
2. State Level............................................................. 226
C. SECONDARY MATERIALS 227
1. Digests .... .. . 227
2. Annotations .. .. .. 228
3. Legal Encyclopedias 228

x
CHAPTER I

INTRODUCTION TO LEGAL RESEARCH

A. Legal Research, defined


In general, legal research is the process of finding the laws,
rules and regulations that govern activities in human society. It
involves locating both the laws and rules which are enforcedby the
State and the commentaries which explain or analyze these rules.
Legal research is also defined as the investigation for infor-
mation necessary to support legal decision making. Legal research
includes each step of a process that begins with analyzing the facts
of a problem and concludeswith applying and communicating the
results of the investigation.1

B. The Need for Legal Research


A lawyer is required to provide competent representation to a
client. Competent representation requires the legal knowledge,skill,
,J thoroughness and preparation reasonably necessary for the repre-
,,•',, sentation. Clearly, a lawyer must be able to research the law to
provide competent representation.2
,, I

In addition to requirements of professionalresponsibility,ques-


tions relating to competencyin legal research may arise in suits for
damages, arising from legal incompetence or claims for malicious
prosecution.3
The knowledge and ability to use fundamental legal research
tools and to implement an effective and efficient research plan

'Jacobstein, Mersky and Dunn, Legal Research Illustrated (6th ed.), Westbury,
New York, The Foundation Press, Inc., 1994, p. 1.
2ld.,
p. 14.
"Id.
2 LEGAL RESEARCH INTRODUCTION TO LEGAL RESEARCH 3

must become part and parcel of every lawyer's training for him or 1. Primary Sources
her to. provide competent representation and uphold the standards Primary sources of law are those recorded laws and rules
of the legal profession. 4 which will be enforced by the State. They may be found instatutes
In 1992, a special task force of the American Bar Association passed by the legislature, regulations and rulings of administrative
on law schools and the legal profession issued a report that stated agencies and decisions of appellate.courts,"
"[i]t can hardly be doubted that the ability to do legal research is In a primarily civil law jurisdiction like the Philippines, the
one of the skills that any competent practitioner must possess." products of legislative actions, codes and statutes, are the first
That report also stated: "[i]n order to conduct legal research effec- major primary sources. Codes and statutes have come to govern an
tively, a lawyer should have a working knowledge of the nature of even greater variety of human activity.
legal rules and legal institutions, the fundamental tools of legal
research, and the process of devising and implementing a coherent The second major category of primary sources is judicial deci-
and effective research design. "5 sions. Our Philippine Supreme Court and Court of Appeals produce
decisions that constitute our case law.
C. Sources of Legal Research Our judicial system consists of a hierarchy of courts, including
Legal research involves the use of a variety of printed and a number of trial courts (RTC, MTC, MCTC), one intermediate
electronic sources. The printed sources include the Constitution, appellate court (CA), and a court of last resort, the Supreme Court.
statutei; court decisions, administrative rules and scholarly com- This system incorporates the processes of appellate review, in which
mentaries. Computer databases containing these and other materi- higher courts review the decisions of lower courts, and judicial
als have dramatically changed the nature of legal research and review, in which courts determine the validity of legislative and
executive actions.
improved its effectiveness. They have not, however, eliminated its
complexities. The volume and variety of legal literature continues A third important primary source is administrative law, or the
to grow, making the researcher's choice of tools and tactics for each regulations and decisions of government agencies. State agencies
problem more difficult than ever. A thorough understanding of avail- promulgate regulations governing behavior within their areas of ex-
-s
able legal resources, both published and computerized, is neces- pertise. Agencies also act in a "quasi-judicial" capacity by conducting
i

I
sary. There are as many procedures as there are problems, and no hearings and issuing decisions to resolve particular disputes.9
single approach can work every time.6
2. Secondary Materials

II
D. Sources of Law Publications which are not primary authority but which dis-
Legal sources differ in their relative authority. Some are bind- cuss or analyze legal doctrine are considered secondary materials.
ing; others are only persuasive in varying degrees; and some are only These include treatises, commentaries, and encyclopedias. Some of
useful as tools for finding other material. These variations require the most influential legal writings are found in the academic jour-
that researchers make careful and critical evaluation of the sources nals known as law reviews of law schools, or in publications like

i
i

they study. Whether researching by book or by computer, one must the IBP Journal and the Lawyers Review. Secondary materials
be familiar with the three broad categories of legal literature: (a) vary widely in purpose and quality, ranging from authoritative
primary sources; (b) secondary materials; and (c) finding tools.7
i treatises by great academic scholars to superficial tracts by hack
writers. The best of these works such as the Civil Code of the

l
~ Philippines by Arturo M. Tolentino and Remedial Law Compen-
4ld.
n«, p. 13.
6 Cohen and Olson, Legal Research In a Nutshell, St. Paul, Minn., West Pub-
lishing Co, 1992, p. 2. 8ld., p. 3.
qT J - A
4 LEGAL RESEARCH

dium by Florenz D. Regalado have a persuasive influence on the


lawmaking process by virtue of the prestige of their authors or the
quality of their scholarship. Secondary sources can help analyze a
problem and provide research references to both primary sources ~
~ CHAPTER 2
and other secondary materials, 10
Finding appropriate secondary materials is most often accom- THE LEGAL RESEARCH PROCESS
plished through the use of law library catalogs, legal periodical
indexes, and other bibliographic aids. In addition, court decisions
and other secondary sources frequently provide citations to persua-
sive treatises and law review articles." A. Systematic Approach to Legal Research

3. Finding Tools I In order to solve legal problems accurately and comprehen-

Ii
sively, there must be a systematic approach to legal research. Four
Our legislative, executive and judicial branches of government basic steps are recommended, namely:
have been enacting and promulgating codes, statutes, rules, regu-
1. Identify and analyze the significant facts.
lations and court decisions and these have grown into a large body
of law. The researcher therefore needs search materials or finding 2. Formulate the legal issues to be researched.
tools in order to locate these legal sources. Without a topical ap-
proach to legal sources, researchers could not find existing statutes
I 3. Research the issues presented.

I
or decisions on point.12 4. Update.15

A varied group of finding tools provides such access. Digests


reprint headnotes summarizing points of law from court decisions 1. Identify and Analyze the Significant Facts
in a subject classification and annotations summarize cases on par- The first task is to identify and analyze the facts surrounding
ticular topics. The SCRA Quick Index-Digest is one finding tool the particular problem. Some facts have legal significance; others
available to the legal researcher. PHIL.JURIS and LEX LIBRIS, do not. The process of legal research begins with compiling a de-
two comprehensive and competing computer-based legal research scriptive statement of legally significant facts. Factual analysis is
systems, provide the capability to search for cases and other docu- the first step in formulating the legal issues to be researched. 16
ments by using practically any word or combination of words.13
The TARP Rule is a useful technique to analyze your facts
Finding tools do not persuade, nor do they themselves have according to the following factors:
any primary or persuasive authority. Finding tools are only a means
for locating primary sources. It is then necessary to read those T - Thing or subject matter;
primary sources to determine their applicability to a particular A - Cause of action or group of defense;
situation. In legal research, as in other aspects of the lawyer's
work, one must employ a highly developed sense of relevance - a R - Relief sought;
keen appreciation of which sources are legally and factually rel- P - Persons or parties involved.17
evant to the specific inquiry.14

10Jd., p. 6. 1 sJacobstein, op. cit, p. 15.


16Td.,p. 16.
ll[d.
12Jd., p. 5. 17Jd.
13Jd.
6 LEGAL RESEARCH
THE LEGAL RESEARCH PROCESS 7

The thing or subject matter in a problem or controversy may Once statements of the issues have been drafted, they should
be ~ significant element. For example, when a party claims that be arranged in a logical pattern to form an outline. Logically, re-
there if? a violation of the terms of a contract, the contract becomes lated issues may be combined as sub-issues under a broader main
an essential fact in the dispute.
issue.22
The next thing to be done is to identify the claim or cause of
action of the plaintiff and the defense that might be put up by the 3. Research the Issues Presented
defendant. In a dispute over a contract, the cause of action may be
breach of contract. After the facts have been analyzed and the issues have been
framed, it is time to begin researching the first issue. 23
What is the relief sought? It might be a civil action for dam-
ages to answer for the injury caused by the breach of the contract a. Organize and Plan. Good legal researchers, as a rule, are
or an action for specific performance to compel the other party to systematic, methodical, and organized; and they keep good records.
perform a specific act as mandated in the contract or to enjoin the For each issue, it is important to decide which sources to use, which
other party from doing a specific act probably in violation of the sources not to use, and the order in which sources should be exam-
contract. ined. The best practice is to write down all sources to be searched
under each issue to be researched, even if sources are repeated.24
The parties or persons might be individuals, or might be a
group that is significant to the solution of the problem or the out- b. Identify, Read, and Update All Relevant Constitutional
come of the lawsuit. Similarly, the relationship between the par- Provisions, Statutes, and Administrative Regulations. These pri-
ties, _ .such as exists between lessor or lessee in a contract of lease mary sources can be identified in several ways.25
will be of special importance to the case." '
Statutory Compilations. Statutory compilations almost always
have tables of contents and indexes that list the subjects and topics
2. Formulate the Legal Issues to be Researched covered by the statutes. Because relevant statutory provisions are
This is the initial intellectual activity that presumes some often found in several places in the compiled statutes, consult both
knowledge of the substantive law. The goal is to classify or catego- the table of contents and the index. 26
rize the problem into general, and increasingly specific, subject
Computer-Assisted Legal Research. The Constitution, statutes
areas and to begin to hypothesize legal issues.19
and administrative regulations are available on PHILJURIS and
Consult general secondary sources for an overview of all rel- LEX LIBRIS. It is possible to search the full text of these docu-
evant subject areas. In the example above, if the legal issue in- ments for statutes and regulations that apply to your problem.
volves a violation of a contract, the research could start by reading
Secondary Sources. Secondary sources such as treatises and
the textbooks or treatises on obligations and contracts by noted
commentaries and law review articles, commonly cite relevant con-
authorities. At this stage, these secondary sources are used to pro-
stitutional provisions, statutes, and administrative regulations.27
vide background information and to help you formulate issues; they
are the tools, not the objects of research. 20 c. Identify, Read, and Update All Relevant Case Law. After
identifying and reading the relevant constitutional provisions, stat-
Writing a clear, concise statement of each legal issue raised by
utes and administrative regulations, you must identify, read, and
the significant facts is an important and difficult task.21

22/d.
18/d., p. 17. 23/d., p. 18.

19/d. 'IA[d.
20/d. 25/d., p. 19.
21/d. 26/d.
8 LEGAL RESEARCH

update the case law that has interpreted and applied those forms
of enacted law, as well as other case law that is relevant to your
fact situation. 28 ·

Do not limit your search to cases that support your position. A CHAPTER 3
competent researcher will anticipate both sides of an argument
and identify the cases that indicate contrary conclusions." FUNDAMENTAL RESEARCH SKILL:
Treatises and commentaries on the codes and statutes cites CASE BRIEFING AND SYNTHESIS OF CASES
cases that interpret the statutes they discuss. As to computer as-
sisted legal research, both Philjuris and Lex Libris can be searched
for cases that have cited the statute." As stated in the previous chapter, the other important steps
After identifying the relevant cases, as you read and brief or in legal research are to identify the relevant cases, read them and
digest each case, be sure to note its full citation, the ponente of the then brief or digest each case. When there are many cases relevant
decision, the date of the decision, the relevant facts, the holding, a to the problem, you must relate the cases to each other, that is,
summary of the court's reasoning, and the sources cited by the synthesize them.
court. Each of the sources cited should be read and briefed and new
cases should be added to your list. Each case you brief should be A. Case Briefing
incorporated into your outline.31 A law school case brief is a student's digest or condensation of
a reported case. There is no one "correct"form for a case brief since

I
d. Refine the Search. After you have identified, read, and
it is a document that is created to meet the student's needs, i.e., to
organized the primary sources, go to secondary sources to refine
serve as a reference in class and, together with class notes, the
the search and expand your argument. If the problem involves a
major tools of course review at the end of the semester.
statute, the legislative history might suggest the legislature's in-
tent in passing the act and the problem the law was intended to Most important is to keep your brief brief. Keep your sum-

'
remedy. Historical, social, economic, and political information can mary of the court's reasoning to a useful length, but don't
put legal arguments in their proper context and can support policy shortchange the facts. When the case deals with statutes, it may be
arguments.32 helpful to quote key words from the statute verbatim.
The typical components of a case brief case are:
4. Update
Law changes constantly. Our Congress passes new statutes 1. Facts
and modify old ones. Our Supreme Court either refines the law or The facts describe the events between the parties leading to
reaffirms the law or even changes the interpretation of the law. the litigation and tell how the case came before the court that is
Consult the Philjuris or Lex Libris to determine whether the au- now deciding it. Include those facts that are relevant to the issue
thorities have been interpreted or altered in any way, or whether the court must decide and to the reasons for its decision. You will
new cases, statutes or regulations have been published." not know which facts are relevant until you know what the issue or
issues are. For example, if the issue is whether there is psychologi-
cal incapacity under Article 36 of the Family Code of the Philip-
28/d. pines, relevant facts include the fact of marriage and the acts of

I
29/d. the spouse constituting psychological incapacity to comply with the
30/d.
31/d.,
p. 20. essential marital obligations.
32/d.,
pp. 20 and 21.
FUNDAMENTALRESEARCH SKILL: 11
10 LEGAL RESEARCH
CASE BRIEFING AND SYNTHESIS OF CASES

You should also state who the plaintiff and defendant are the
"Article 36. A marriage contracted by any party who, at
bas~s.for the plainti!f's suit, and the relief the plaintiff is seeking. the time of the celebration, was psychologically incapacitated
Also include the rulmg of the Regional Trial Court on the case and to comply with the essential marital obligations of marriage,
whether the Court of Appeals affirmed or reversed the decision. shall likewise be void even if such incapacity becomes mani-
fest only after its solemnization."
2. lssue(s)
The present petition for review on certiorari, at the instance
~he issue is the question that the court must decide to resolve of Leouel Santos ("Leouel"), brings into fore the above provision
~he dispute between the parties in the case before it. To find the which is now invoked by him. Undaunted by the decisions of the
issue, you have to identify the rule of law that governs the dispute court a quo34 and the Court of Appeals,35 Leouel persists in be-
~nd ask how it shou~d apply to those facts. You usually write the
seeching its application in his attempt to have his marriage with
is~ue for your c~se bnef as a question that combines the rule of law herein private respondent, Julia Rosario Bedia-Santos ("Julia"),
with ~he material facts of the case, that is, those facts that raise
the dispute. Although we use the word "issue" in the singular declared a nullity.
~here can be m_ore than one issue in a case. An example of an issue It was in Iloilo City where Leouel, who then held the rank of
is: Do the ~abitual drunkenness and sexual infidelity of the hus- First Lieutenant in the Philippine Army, first met Julia. The meet-
band constitute psychological incapacity? ing proved to be an eventful day for Leouel and Julia. On 20 Sep-
tember 1986, the two exchanged vows before Municipal Trial Court
3. Ruling Judge Cornelio G. Lazaro of Iloilo City, followed, shortly thereafter,
The ruling is the court's decision on the question that is actu- by a church wedding. Leouel and Julia lived with the latter's par-
~lly before it. The court may make a number oflegal statements, but ents at the J. Bedia Compound, La Paz, Iloilo City. On 18 July
if they ~o not relat~ to the question actually before it, they are dicta. 1987, Julia gave birth to a baby boy, and he was christened Leouel
The _rulmg or holdmg provides the answer to the question asked in Santos, Jr. The ecstasy, however, did not last long. It was bound to
the issue statemen~. If there is more than one issue, there may be happen, Leouel averred, because of the frequent interference by
~ore tha1: ~ne holdmg. The ruling is supported by the court's reason- Julia's parents into the young spouses' family affairs. Occasionally,
mg explammg an? su~portin~ the court's decision. For example in a the couple would also start a "quarrel" over a number of other
case on psychological ~ncapacity,the court will refer to the provisions things, like when and where the couple should start living inde-
of Ar_t· 36 of the Family Code, state the substantial and procedural pendently from Julia's parents or whenever Julia would express
r~qmre:nents for psychological incapacity to exist and cite the ear- resentment on Leouel's spending a few days with his own parents.
her rulmgs of the Supreme Court on the subject.
On 18 May 1988, Julia finally left for the United States of
B. Exercise in Case Briefing America to work as a nurse despite Leonel's pleas to so dissuade
her. Seven months after her departure, or on 01 January 1989,
Let us now do an exercise in case briefing on the following Julia called up Leouel for the first time by long distance telephone.
case: She promised to return home upon the expiration of her contract in
July 1989. She never did. When Leouel got a chance to visit the
LEOUEL SANTOS, petitioner, v, THE HONORABLE COURT United States, where he underwent a training program under the
OF APPEALS AND JULIAROSARIO BEDIA-SANTOS auspices of the Armed Forces of the Philippines from 10 April up to
respondents, G.R. No. 112019, Jan. 4, 1995 (En Banc/ 25 August 1990, he desperately tried to locate, or to somehow get
in touch with, Julia but all his efforts were of no avail.
Vitug, J.:
. Con~e?edl! a highly, if not indeed the most likely, controver- 34Per Judge Enrique Garrovilh
sial proviston mtroduced by the Family Code is Article 36 (as 35Penned by Justice Jainal Rasul, concurred in by Justices Pedro Ramirez
amenileil hv "R 0 No 997 ik1tarl 17 _T,, i.. 1 OQ'7\ "'i..;~i. ..1~~1 ~-~~·
___ '1\K_L--.L-- T-
12 LEGAL RESEARCH FUNDAMENTALRESEARCH SKILL: 13
CASE BRIEFING AND SYNTHESIS OF CASES

Having failed to get Julia to somehow come home, Leouel filed The Family Code did not define the term "psychological inca-
with the Regional Trial Court of Negros Oriental, Branch 30, a pacity." The deliberations during the sessions of the Family Code
complaint for "Voiding of Marriage Under Article 36 of the Family Revision Committee, which has drafted the Code, can, however,
Code" (docketed, Civil Case No. 9814). Summons was served by provide an insight on the import of the provision.
publication in a newspaper of general circulation in Negros Orien-
tal. "Article 35. The following marriages shall be void from
the beginning:
On 31 May 1991, respondent Julia, in her answer (through
'xx x xxx xx x.
counsel), opposed the complaint and denied its allegations, claim-
ing, in main, that it was the petitioner who had, in fact, been 'Article 36. x x x
irresponsible and incompetent. '(7) Those marriages contracted by any party who, at
A possible collusion between the parties to obtain a decree of the time of the celebration, was wanting in the sufficient use of
nullity of their marriage was ruled out by the Office of the Provin- reason or judgment to understand the essential nature of
marriage or was psychologically or mentally incapacitated to
cial Prosecutor (in its report to the court).
discharge the essential marital obligations, even if such lack of
On 25 October 1991, after pre-trial conferences had repeat- incapacity is made manifest after the celebration.'
edly been set, albeit unsuccessfully, by the court, Julia ultimately
"On subparagraph (7), which as lifted from the Canon Law,
filed a manifestation, stating that she would neither appear nor
Justice (Jose B.L.) Reyes suggested that they say 'wanting in suffi-
submit evidence.
cient use' instead of 'wanting in the sufficient use.' But Justice
On 06 November 1991, the court a quo finally dismissed the (Eduardo) Caguioa preferred to say 'wanting in the\sufficient use.'
l

II
complaint for lack of merit.36 On the other hand, Justice Reyes proposed that they say 'wanting in
sufficient reason.' Justice Caguioa, however, pointed out that the
Leouel appealed to the Court of Appeals. The latter affirmed
idea is that one is not lacking in judgment but that he is lacking in
the decision of the trial court. 37
the exercise of judgment. He added that lack of judgment would
The petition should be denied not only because of its non- make the marriage voidable. Judge (Alicia Sempio-) Diy remarked
compliance with Circular 28-91, which requires a certification of that lack of judgment is more serious than insufficient use of judg-
non-forum shopping, but also for its lack of merit. ment and yet the latter would make the marriage null and void and
the former only voidable. Justice Caguioa suggested that subparagrah
Leouel argues that the failure of Julia to return home, or at
(7) be modified to read:
the very least to communicate with him, for more than five years
are circumstances that clearly show her being psychologically inca- " 'That contracted by any party who, at the time of the
pacitated to enter into married life. In his own words, Leouel as- celebration, was psychologically or mentally incapacitated to
serts: discharge the essential marital obligations, even if such lack or
incapacity is made manifest after the celebration.'
"x x x (T)here is no love, there is no affection for (him)
because respondent Julia Rosario Bedia-Santos failed all these "Justice Caguioa explained that the phrase 'was wanting in
years to communicate with the petitioner. A wife who does not sufficient use of reason or judgment to understand the essential
care to inform her husband about her whereabouts for a period
nature of marriage' refers to defects in the mental faculties vitiat-
of five years, more or less, is psychologically incapacitated to
comply with the essential marital obligations of marriage. Re- ing consent, which is not the idea in subparagraph (7), but lack of
spondent Julia Rosario Bedia-Santos is one such wife." appreciation of one's marital obligations.
"Judge Diy raised the question: Since 'insanity' is also a psy-
Rollo,
36
37-24.
chological or mental incapacity, why is 'insanity' only a ground for
=ssu« 13-18. annulment and not declaration of nullity? In reply, Justice Caguioa
FUNDAMENTAL RESEARCH SKILL: 15
14 LEGAL RESEARCH
CASE BRIEFING AND SYNTHESIS OF CASES

it will encourage one who really understood the consequences of


explained that in insanity, there is the appearance of consent, which
marriage to claim that he did not and to make excuses for invali-
is the reason why it i_s a ground for voidable marriages, while
dating the marriage by acting as if he did not understand the
subparagraph (7) does not refer to consent but to the very essence
obligations of marriage. Dean Gu pit added that it is a loose way of
of marital obligations.
providing for divorce.
"Prof. (Araceli) Baviera suggested that, in subparagraph (7),
the word 'mentally' be deleted, with which Justice Caguioa con- "xx x xxx xxx
curred, Judge Diy, however, preferred to retain the word 'mentally.' "Justice Caguioa explained that his point is that in the case of
'Justice Caguioa remarked that subparagraph (7) refers to incapacity by reason of defects in the mental faculties, which is less
psychological impotence. Justice (Ricardo) Puno stated that some- than insanity, there is a defect in consent and, therefore, it is clear
times a person may be psychologically impotent with one but not that it should be a ground for voidable marriage because there is
with another. Justice (Leonor Ines- )Luciano said that it is called the appearance of consent and it is capable of convalidation for the
selective impotency. simple reason that there are lucid intervals and there are cases
when the insanity is curable. He emphasized that psychological
"Dean (Fortunato) Gupit stated that the confusion lies in the incapacity does not refer to mental faculties and has nothing to do
fact that in inserting the Canon Law annulment in the Family Code, with consent; it refers to obligations attendant to marriage.
the Committee used a language which describes a ground for void-
able marriages under the Civil Code. Justice Caguioa added that in "xx x xxx xxx
Canon Law, there are voidable marriages. Dean Gu pit said that this "On psychological incapacity, Prof. (Flerida Ruth P.) Romero
is precisely the reason why they should make a distinction. inquired if they do not consider it as going to the very essence of
"Justice Puno remarked that in Canon Law, the defects in consent. She asked if they are really removing it from consent. In
marriage cannot be cured. reply, Justice Caguioa explained that, ultimately, consent in gen-
eral is affected but he stressed that his point is that it is not
"Justice Reyes pointed out that the problem is: Why is 'insan- principally a vitiation of consent since there is a valid consent. He
ity' a ground for voidable marriage, while 'psychological or mental objected to the lumping together of the validity of the marriage
incapacity' is a ground for void ab initio marriages? In reply, Jus- i celebration and the obligations attendant to marriage, which are
tice Caguioa explained that insanity is curable and there are lucid I completely different from each other, because they require a differ-
intervals, while psychological incapacity is not. ent capacity, which is eighteen years of age, for marriage but in
"On another point, Justice Puno suggested that the phrase contract, it is different. Justice Puno, however, felt that psychologi-
'even if such lack or incapacity is made manifest,' be modified to cal incapacity is still a kind of vice of consent and that it should not
read 'even if such lack or incapacity becomes manifest.' be classified as a voidable marriage which is incapable of
convalidation; it should be convalidated but there should be no
"Justice Reyes remarked that in insanity, at the time of the
prescription. In other words, as long as the defect has not been
marriage, it is not apparent. cured, there is always a right to annul the marriage and if the
"Justice Caguioa stated that there are two interpretations of defect has been really cured, it should be a defense in the action for
the phrase, 'psychologically or mentally incapacitated' - in the annulment so that when the action for annulment is instituted, the
first one, there is vitiation of consent because one does not know all issue can be raised that actually, although one might have been
the consequences of the marriages, and if he had known these psychologically incapacitated, at the time the action is brought, it
completely, he might not have consented to the marriage. is no longer true that he has no concept of the consequence of
marriage.
"xx x xxx xxx
"Prof. (Esteban) Bautista raised the question: Will not cohabi-
"Prof. Bautista stated that he is in favor of making psycho-
tation be a defense? In response, Justice Puno stated that even the
lnrri""' l in,,,,n,,,,itv "' o-rrmnrl fnr vnirla hlP m;:irri:HYPS si nce otherwise
LEGAL RESEARCH FUNDAMENTALRESEARCH SKILL: 17
16 CASE BRIEFING AND SYNTHESIS OF CASES

bearing of children and cohabitation should not be a sign that comes manifest but later on he is cured. Justice Reyes and Justice
Caguioa opined that the remedy in this case is to allow him to
psychological incapacity has been cured.
remarry.39
"Prof. Romero opined that psychological incapacity is still in-
sanity of a lesser degree. Justice Luciano suggested that they "xx x xxx xxx
invite a psychiatrist, who is the expert on this matter. Justice "Justice Puno formulated the next Article as follows:
Caguioa, however, reiterated that psychological incapacity is not a
defect in the mind but in the understanding of the consequences of "Article 37. A marriage contracted by any party who, at
marriage, and therefore, a psychiatrist will not be a help. the time of the celebration, was psychologically incapacitated,
to comply with the essential obligations of marriage shall like-
"Prof. Bautista stated that, in the same manner that there is wise be void from the beginning even if such incapacity be-
a lucid interval in insanity, there are also momentary periods when comes manifest after its solemnization.'
there is an understanding of the consequences of marriage. Justice
Reyes and Dean Gupit remarked that the ground of psychological "Justice Caguioa suggested that 'even if' be substituted with
incapacity will not apply if the marriage was contracted at the time i 'although.' On the other hand, Prof. Bautista proposed that the
when there is understanding of the consequence of marriage.38 ·'; clause 'although such incapacity becomes manifest after its solem-
j nization' be deleted since it may encourage one to create the mani-
"xx x xxx xxx .
;
festation of psychological incapacity. Justice Caguioa pointed out
'
i
that, as in other provisions, they cannot argue on the basis of
"Judge Diy proposed that they include physical incapacity to 1
copulate among the grounds for void marriages. Justice Reyes com- abuse.
mented that in some instances the impotence is only temporary "Judge Diy suggested that they also include mental and physi-
and only with respect to a particular person. Judge Diy stated that cal incapacities, which are lesser in degree than psychological inca-
they can specify that it is incurable. Justice Caguioa remarked that pacity. Justice Caguioa explained that mental and physical
the term 'incurable' has a different meaning in law and in medi- incapacities are vices of consent while psychological incapacity is
cine. Judge Diy stated that 'psychological incapacity' can also be not a species of vice of consent.
cured. Justice Caguioa, however, pointed out that 'psychological
"Dean Gupit read what Bishop Cruz said on the matter in the
incapacity' is incurable.
minutes of their February 9, 1984 meeting:
"Justice Puno observed that under the present draft provi-
sion, it is enough to show that at the time of the celebration of the "On the third ground, Bishop Cruz indicated that the
marriage, one was psychologically incapacitated so that later on if phrase 'psychological or mental impotence' is an invention of
some churchmen who are moralists but not canonists, that is
already he can comply with the essential marital obligations, the
why it is considered a weak phrase. He said that the Code of
marriage is still void ab initio. Justice Caguioa explained that since ~
. Canon Law would rather express it as 'psychological or mental
in divorce, the psychological incapacity may occur after the mar- :j incapacity to discharge .. .'
riage, in void marriages, it has to be at the time of the celebration l
of marriage. He, however, stressed that the idea in the provision is "Justice Caguioa remarked that they delete the word 'mental'
that at the time of the celebration of the marriage, one is psycho- precisely to distinguish it from vice of consent. He explained that
logically incapacitated to comply with the essential marital obliga- 'psychological incapacity' refers to lack of understanding of the es-
tions, which incapacity continues and iater becomes manifest. sential obligations of marriage.
"Justice Puno and Judge Diy, however, pointed out that it is "Justice Puno reminded the members that, at the last meet-
possible that after the marriage, one's psychological incapacity be- ing, they have decided not to go into the classification of 'psycho-
LEGAL RESEARCH FUNDAMENTALRESEARCH SKILL: 19
18
CASE BRIEFING AND SYNTHESIS OF CASES

logical incapacity' because there was a lot of debate on it and that allow some resiliency in its application. Mme. Justice Alicia V.
this- is precisely the reason why they classified it as a special case. Sempio-Diy, a member of the Code Committee, has been quoted by
Mr. Justice Josue N. Bellosillo in Salita vs. Hon. Magtolis (G.R. No.
"At this point, Justice Puno remarked that, since there have 106429, 13 June 1984); thus:41
been annulments of marriages arising from psychological incapac-
ity, Civil Law should not reconcile with Canon Law because it is a "The Committee did not give any examples of psychologi-
new ground even under Canon Law. cal incapacity for fear that the giving of examples would limit
the applicability of the provision under the principle of ejusdem
"Prof. Romero raised the question: With this common provi- generis. Rather, the Committee would like the judge to inter-
sion in Civil Law and in Canon Law, are they going to have a pret· the provision on a case-to-case basis, guided by experi-
provision in the Family Code to the effect that marriages annulled ence, the findings of experts and researchers in psychological

I
or declared void by the church on the ground of psychological inca- disciplines, and by decisions of church tribunals which, although
pacity is automatically annulled in Civil Law? The other members not binding on the civil courts, may be given persuasive effect
since the provision was taken from Canon Law.
replied negatively.
"Justice Puno and Prof. Romero inquired if Article 37 should
be retroactive or prospective in application.
I A part of the provision is similar to Canon 1095 of the New
Code of Canon Law,42 which reads:

"Judge Diy opined that she was for its retroactivity because it "Canon 1095. They are incapable of contracting marriage:
is their answer to the problem of church annulments of marriages, 1. who lack sufficient use of reason;
which are still valid under the Civil Law. On the other hand, Jus-
tice Reyes and Justice Puno were concerned about the avalanche of 2. who suffer from a grave defect of discretion of judgment
cases. concerning essential matrimonial rights and duties, to be given
and accepted mutually;
"Dean Gupit suggested that they put the issue to a vote, which
the Committee approved. 3. who for causes of psychological nature are unable to as-
sume the essential obligations of marriage." (Italics supplied)
"The members voted as follows:

II
Accordingly, although decisive nor even perhaps all that per-
"(1) Justice Reyes, Justice Puno and Prof. Romero were for suasive for having no juridical or secular effect, the jurisprudence
prospectivity. under Canon Law prevailing at the time of the code's enactment,
"(2) Justice Caguioa, Judge Diy, Dean Gupit, Prof. Bautista nevertheless, cannot be dismissed as impertinent for its value as
and Director Eufemia were for retroactivity. an aid, at least, to the interpretation or construction of the codal
provision.
"(3) Prof. Baviera abstained.
"Justice Caguioa suggested that they put in the prescriptive
I One author, Ladislas Orsy, S.J., in his treatise,43 giving an
account on how the third paragraph of Canon 1095 has been framed,
period of ten years within which the action for declaration of nul- states:
lity of the marriage should be filed in court. The Committee ap-
proved the suggestion. 40 "The history of the drafting of this canon does not leave
any doubt that the legislator intended, indeed, to broaden th~
It could well be that, in sum, the Family Code Revision Com- rule. A strict and narrow norm was proposed first:
mittee in ultimately deciding to adopt the provision with less
specificity than expected, has, in fact, so designed the law as to
41ln her "Handbook on the Family Code."
42Marriage in Canon Law, Delaware: Michael Glazier, Inc., 1986, pp. 129-130.
43[bid .. 131-132.
20 LEGAL RESEARCH FUNDAMENTALRESEARCH SKILL: 21
CASE BRIEFING AND SYNTHESIS OF CASES

"Those who cannot assume the essential obligations of


ously does not constitute incapacity. The canon contemplates a
marriage because of a grave psycho-sexual anomaly (ob gravem
true psychological disorder which incapacitates a person from

II
anomaliam psychosexualem) are unable to contract marriage
giving what is due (cf. John Paul II, Address to R. Rota, Feb. 5,
(cf. SCH/1975, Canon 297, a new canon, novus);
1987). However, if the marriage is to be declared invalid under
this incapacity, it must be proved not only that the person is
then a broader one followed:
affiicted by a psychological defect, but that the defect did in
' ... because of a grave psychological anomaly (ob gravem fact deprive the person, at the moment of giving consent, of the
anomaliam psychicam) .. .'(cf. SCH/1980, Canon 1049); ability to assume the essential duties of marriage and conse-
quently of the possibility of being bound by these duties."
then the same wording was retained in the text submitted to the i Justice Sempio-Diy44 cites with approval the work of Dr.
pope (cf. SCH/1982, Canon 1095, 3); I Gerardo Veloso, a former Presiding Judge of the Metropolitan Mar-
finally, a new version was promulgated: riage Tribunal of the Catholic Archdiocese of Manila (Branch I),
who opines that psychological incapacity must be characterized by
'because of causes of a psychological nature (ob causas (a) gravity, (b) juridical antecedence, and (c) incurability. The inca-
naturea psychiae).' pacity must be grave or serious such that the party would be inca-
"So the progress was from psycho-sexual to psychological pable of carrying out the ordinary duties required in marriage; it

I
anomaly, then the term anomaly was altogether eliminated. It must be rooted in the history of the party antedating the marriage,
would be, however, incorrect to draw the conclusion that the although the overt manifestations may emerge only after the mar-
cause of the incapacity need not be some kind of psychological riage; and it must be incurable or, even if it were otherwise, the
disorder; after all, normal and health person should be able to cure would be beyond the means of the party involved.
assume the ordinary obligations of marriage."
It should be obvious, looking at all the foregoing disquisitions,
including, and most importantly, the deliberations of the Family
Fr. Orsy concedes that the term "psychological incapacity" de-
Code Revision Committee itself, that the use of the phrase "psycho-
fies any precise definition since psychological causes can be of an
logical incapacity" under Article 36 of the Code has not been meant
infinite variety.
to comprehend all such possible cases of psychoses as, likewise
In a book, entitled "Canons and Commentaries on Marriage," mentioned by some ecclesiastical authorities, extremely low intelli-
written by Ignatius Gramunt, Javier Hervada and LeRoy Wauck, gence, immaturity, and like circumstances (cited in Fr. Artemio
the following explanation appears: Baluma's ''Void and Voidable Marriages in the Family Code and
their Parallels in Canon Law," quoting from the Diagnostic Statis-
"This incapacity consists of the following: (a) a true in- tical Manual of Mental Disorder by the American Psychiatric Asso-
ability to commit oneself to the essentials of marriage. Some ciation; Edward Hudson's "Handbook II for Marriage Nullity Cases").
psychosexual disorders and other disorders of personality can Article 36 of the Family Code cannot be taken and construed inde-
be the psychic cause of this defect, which is here described in pendently of, but must stand in conjunction with, existing precepts
legal terms. This particular type of incapacity consists of a real in our law on marriage. Thus correlated, "psychological incapacity"
inability to render what is due by the contract. This could be
should refer to no less than a mental (not physical) incapacity that
compared to the incapacity of a farmer to enter a binding con-
causes a party to be truly incognitive of the basic marital cov-
tract to deliver the crops which he cannot possibly reap; (b) this
enants that concomitantly must be assumed and discharged by the
inability to commit oneself must refer to the essential obliga-
tions of marriage; the conjugal act, the community of life and
parties to the marriage which, as so expressed by Article 68 of the
love, the rendering of mutual help, the procreation and educa- Family Code, include their mutual obligations to live together, ob-
tion of offspring; (c) the inability must be tantamount to a serve love, respect and fidelity and render help and support. There
psychological abnormality. The mere difficulty of assuming these
oblieations, which could be overcome by normal effort, oboi- 44Handbook on the Family Code, First Edition, 1988.
FUNDAMENTALRESEARCH SKILL: 23
22 LEGAL RESEARCH
CASE BRIEFING AND SYNTHESIS OF CASES

is hardly any doubt that the intendment of the law has been to Our Constitution is no less emphatic:
confine the meaning of "psychological incapacity" to the most seri- "Section 1. The State recognizes the Filipino family as th~
ous cases of personality disorders clearly demonstrative of an utter foundation of the nation. Accordingly, it shall strengthen its soli-
insensitivity or inability to give meaning and significance to the
darity and actively promote its total development.
marriage. This psychologic condition must exist at the time the
marriage is celebrated. The law does not evidently envision, upon "Section 2. Marriage, as an inviolable social institution;, is th_e
the other hand, an inability of the spouse to have sexual relations foundation of the family and shall be protected by the State. (Arti-
with the other. This conclusion is implicit under Article 54 of the cle XV, 1987 Constitution).
Family Code which considers children conceived prior to the judi- The above provisions express so well and s_o distinctly the
cial declaration of nullity of the void marriage to be "legitimate." basic nucleus of our laws on marriage and the family, and they are
The other forms of psychoses, if existing at the inception of no doubt the tenets we still hold on to.
marriage, like the state of a party being of unsound mind or con- The factual settings in the case at bench, in no measure ~t all,
cealment of drug addiction, habitual alcoholism, homosexuality or can come close to the standards required to decree a nullity of
lesbianism, merely renders the marriage contract voidable pursu- marriage. Undeniably and understandably, Leouel stands a_ggneved,
ant to Article 46, Family Code. If drug addiction, habitual alcohol- even desperate, in his present situation. Regretta~ly, neither law
ism, lesbianism or homosexuality should occur only during the mar- nor society itself can always provide all the specific answers to
riage, they become mere grounds for legal separation under Article
every individual problem.
55 of the Family Code. These provisions of the code, however, do
not necessarily preclude the possibility of these various circum- WHEREFORE, the petition is DENIED.
stances being themselves, depending on the degree and severity of
SO ORDERED.
the disorder, indicia of psychological incapacity.
Narvasa (C.J.), Bidin, Regalado, Davide, Jr., Bellosillo, Melo,
Until further statutory and jurisprudential parameters are Quiason, Puno, Kapunan and Mendoza, JJ., concur.
established, every circumstance that may have some bearing on
the degree, extent, and other conditions of that incapacity must, in Feliciano, J., on leave.
every case, be carefully examined and evaluated so that no precipi- Padilla, J., See dissent.
tate and indiscriminate nullity is peremptorily decreed. The well-
Romero, J., See separate concurring opinion.
considered opinions of psychiatrists, psychologists, and persons with
expertise in psychological disciplines might be helpful or even de- (Dissenting and separate opinions are omitted.)
sirable.
Marriage is not just an adventure but a lifetime commitment. CASE BRIEF
We should continue to be reminded that innate in our society, then
enshrined in our Civil Code, and even now still indelible in Article Santos v. CA, 240 SCRA 20, January 4, 1995
1 of the Family Code, is that - (En Banc), J. Vitug

"Article 1. Marriage is a special contract of permanent Facts: Plaintiff Leouel Santos married defendant Julia Bedia
union between a man and a woman entered into in accordance on September 20, 1986. On May 18, 1988, J~lia left for the U.S.
with law for the establishment of conjugal and family life. It is She did not communicate with Leouel and did not retur:i to the
the foundation of the family and an inviolable social institution
country. In 1991, Leouel filed with the RTC of Negros Oriental,_ a
whose nature, consequences, and incidents are governed by
law and not subject to stipulation, except that marriage settle- complaint for voiding of the marriage _under Art. 36 of the Family
ments may fix the property relations during the marriage within Code. The RTC dismissed the complamt and the CA affirmed the
the limits provided by this code." (Italics supplied) dismissal.
24 LEGAL RESEARCH FUNDAMENTALRESEARCH SKILL: 25
CASE BRIEFING AND SYNTHESIS OF CASES

Issue: Does the failure of Julia to return home, or at the very nitions or statements have evolved as courts have put together the
least to communicate with him, for more than five years constitute decisions of many related cases. The judges who have formulated

I
psychological incapacity? those definitions or statements have worked inductively. They have
Ruling: No, the failure of Julia to return home or to commu- analyzed the outcome of each case and then combined those sepa-
nicate with her husband Leouel for more than five years does not rate analyses into a coherent whole to form general principles about
the area of the law. These general principles are then expressed at

I
constitute pyschological incapacity.
a level of abstraction that encompasses the particular holdings of
Psychological incapacity must be characterized by a) gravity, all of the individual cases.
b) juridical antecedence, and c) incurability.
., When you analyze a legal problem, such as one of your class

II
Psychological incapacity should refer to no less than a mental ~ assignments, you will do further synthesis of your own. Synthesiz-
(not physical) incapacity that causes a party to be truly incognitive ing is the step between your research and your writing. You do
of the basic marital covenants that concomitantly must be assumed research by reading one case at a time. If in your writing you
and discharged by the parties to the marriage which, as so ex- merely report each case, one at a time, then you have compiled a
pressed by Article 68 of the Family Code, include their mutual list of case briefs, but you have not analyzed a topic.
obligations to live together, observe love, respect and fidelity and
render help and support.
D. Exercise in Synthesizing Cases

I
The intendment of the law has been to confine the meaning of
"psychological incapacity" to the most serious cases of personality Let us now digest the other cases dealing on psychological
disorders clearly demonstrative of an utter insensitivity or inabil- incapacity and then synthesize these cases. C-·

ity to give meaning and significance to the marriage. This 1. Briefing of Each Relevant Case
psychologic condition must exist at the time the marriage is cel-
ebrated.
CID MING TSOI, petitioner, v. COURT OF APPEALS
Undeniably and understandably, Leouel stands aggrieved, even and GINALAO-TSOI, respondents, G.R. No. 119190,
desperate, in his present situation. Regrettably, neither law nor Jan. 16, 1997 (Second Division)
society itself can always provide all the specific answers to every
individual problem.
TORRES, Jr., J.:
Petition is denied.
Man has not invented a reliable compass by which to steer a
marriage in its journey over troubled waters. Laws are seemingly
C. Synthesizing Cases inadequate. Over time, much reliance has been placed in the works
You will rarely work on a problem for which there is only one of the unseen hand of Him who created all things.
case precedent. More likely, your research for a problem will turn Who is to blame when a marriage fails?
up many cases relevant to the problem. In order to use the princi-
ples that those· cases offer to resolve your problem, you must relate This case was originally commenced by a distraught wife
the cases to each other, that is, synthesize them. In that way, you against her uncaring husband in the Regional Trial Court of Quezon
can understand the applicable area of law and then use the synthe- City (Branch 89) which decreed the annulment of the marriage on
sis to analyze your problem. the ground of psychological incapacity. Petitioner appealed the de-
cision of the trial court to respondent Court of Appeals (CA-G.R.
The courts will frequently have done some synthesis for you. CV No. 42758) which affirmed the Trial Court's decision on Novem-
Often, in reading cases, you will see definitions of a claim for relief, ber 29, 1994 and correspondingly denied the motion for reconsid-
or statements followed by a string of citations. Usually, these defi- eration in a resolution dated February 14, 1995.
26 LEGAL RESEARCH
FUNDAMENTAL RESEARCH SKILL: 27
CASE BRIEFING ANIJ SYNTHESIS OF CASES

The statement of the case and of the facts made by the trial
"Because of this, they submitted themselves for medical
court and reproduced by the Court of Appeals45 in its decision are
examinations to Dr. Eufemio Macalalag, a urologist at the
as follows:
Chinese General Hospital, on January 20, 1989.
"From the evidence adduced, the following facts were ~

I
"The results of their physical examinations were that
preponderantly. established: she is healthy, normal and still a virgin, while that of her ·

I
"Sometime on May 22, 1988, the plaintiff married the husband's examination was kept confidential up to this time.
defendant at the Manila Cathedral, x x x Intramuros Manila, While no medicine was prescribed for her, the doctor pre-
as evidenced by their Marriage Contract. (Exh. "A") scribed medications for her husband which was also kept con-
fidential. No treatment was given to her. For her husband, he
"After the celebration of their marriage and wedding re-

II
was asked by the doctor to return but he never did.
ception at the South Villa, Makati, they went and proceeded
to the house of defendant's mother. "The plaintiff claims, that the defendant is impotent, a
closet homosexual as he did not show his penis. She said, that
"There, they slept together on the same bed in the same
she had observed the defendant using an eyebrow pencil and
room for the first night of their married life.
sometimes the cleansing cream of his mother. And that, ac-
"It is the version of the plaintiff, that contrary to her cording to her, the defendant married her, a Filipino citizen,
expectations, that as newlyweds they were supposed to enjoy to acquire or maintain his residency status here in the coun-
making love, or having sexual intercourse, with each other; try and to publicly maintain the appearance of a normal man.
the defendant just went to bed, slept on one side thereof, then
turned his back and went to sleep. There was no sexual inter- "The plaintiff is not willing to reconcile with her hus-
course between them during the first night. The same thing band.
happened on the second, third and fourth nights. "On the other hand, it is the claim of the defendant that
"In an effort to have their honeymoon in a private place if their marriage shall be annulled by reason of psychological
where they can enjoy together during their first week as hus- incapacity, the fault lies with his wife.
band and wife, they went to Baguio City. But, they did so "But, he said that he does not want his marriage with
together with her mother, an uncle, his mother and his nephew. his wife annulled for several reasons, viz: (1) that he loves her
They were all invited by the defendant to join them. [T]hey very much; (2) that he has no defect on his part and he is
stayed in Baguio City for four (4) days. But, during this pe- physically and psychologically capable; and, (3) since the rela-
riod, there was no sexual intercourse between them, since the tionship is still very young and if there is any differences
defendant avoided her by taking a long walk during siesta between the two of them, it can still be reconciled and that,
time or by just sleeping on a rocking chair located at the according to him, if either one of them has some incapabilities,
living room. They slept together in the same room and on the there is no certainty that this will not be cured. He further
same bed since May 22, 1988 until March 15, 1989. But dur- claims, that if there is any defect, it can be cured by the
ing this period, there was no attempt of sexual intercourse intervention of medical technology or science.
between them. [S]he claims, that she did not even see her
husband's private parts nor did he see hers. "The defendant admitted that since their marriage on
May 22, 1988, until their separation on March 15, 1989, there
was no sexual contact between them. But, the reason for this,
according to the defendant, was that everytime he wants to
have sexual intercourse with his wife, she always avoided him
"Thirteenth Division: Minerva Gonzaga-Reyes, J., ponente, Eduardo G. and whenever he caresses her private parts, she always re-
Montenegro and Antonio P. Solano, JJ., concurring.
moved his hands. The defendant claims, that he forced his
28 LEGAL RESEARCH FUNDAMENTALRESEARCH SKILL: 29
CASE BRIEFING AND SYNTHESIS OF CASES

wife to have sex with him only once but he did not continue Quezon City. Let another copy be furnished the Local Civil
because she was shaking and she did not like it. So he stopped. Registrar of Manila.
"There are_ two (2) reasons, according to the defendant, "SO ORDERED."
why the plaintiff filed this case against him, and these are: (1)
that she is afraid that she will be forced to return the pieces of On appeal, the Court of Appeals affirmed the trial court's
jewelry of his mother, and, (2) that her husband, the defend- decision.
ant, will consummate their marriage. Hence, the instant petition.
"The defendant insisted that their marriage will remain Petitioner alleges that the respondent Court of Appeals erred:
valid because they are still very young and there is still a
chance to overcome their differences.
I
"The defendant submitted himself to a physical exami-
nation. His penis was examined by Dr. Sergio Alteza, Jr., for in affirming the conclusions of the lower court that there was no
the purpose of finding out whether he is impotent. As a result sexual intercourse between the parties without making any find-
thereof, Dr. Alteza submitted his Doctor's Medical Report. (Exh. ings of fact.
"2"). It is stated there, that there is no evidence of impotency
(Exh. "2-B"), and he is capable of erection. (Exh. "2-C") II
"The doctor said, that he asked the defendant to mastur- in holding that the refusal of private respondent to have sexual
bate to find out whether or not he has an erection and he communion with petitioner is a psychological incapacity inasmuch
found out that from the original size of two (2) inches, or five
as proof thereof is totally absent.
(5) centimeters, the penis of the defendant lengthened by one
(1) inch and one centimeter. Dr. Alteza said, that the defend-
ant had only a soft erection which is why his penis is not in its III
full length. But, still is capable of further erection, in that in holding that the alleged refusal of both the petitioner and the
with his soft erection, the defendant is capable of having sexual private respondent to have sex with each other constitutes psycho-
intercourse with a woman.
logical incapacity of both.
"In open Court, the Trial Prosecutor manifested that there
is no collusion between the parties and that the evidence is
IV
not fabricated.?"
in affirming the annulment of the marriage between the parties
After trial, the court rendered judgment, the dispositive
decreed by the lower court without fully satisfying itself that there
portion of which reads:
was no collusion between them.
"ACCORDINGLY, judgment is hereby rendered declar-
We find the petition to be bereft of merit.
ing as VOID the marriage entered into by the plaintiff with
the defendant on May 22, 1988 at the Manila Cathedral, Ba- Petitioner contends that being the plaintiff in Civil Case No.
silica of the Immaculate Concepcion, Intramuros, Manila, be- Q-89-3141, private respondent has the burden of proving the all~-
fore the Rt. Rev. Msgr. Melencio de Vera. Without costs. Let a gations in her complaint; that since there was no indepe~dent eVI-
copy of this decision be furnished the Local Civil Registrar of dence to prove the alleged non-coitus between the parties, there
remains no other basis for the court's conclusion except the admis-
sion of petitioner; that public policy should aid acts intended to
46 Rollo, pp. 20-24. validate marriage and should retard acts intended to invalidate
30 LEGAL RESEARCH FUNDAMENTALRESEARCH SKILL: 31
CASE BRIEFING AND SYNTHESIS OF CASES

them; that the conclusion drawn by the trial court on the admis- "The judgment of the trial court which was affirmed by this
sions and confessions of the parties in their pleadings and in the Court is not based on a stipulation of facts. The issue of whether or
course of the trial is misplaced since it could have been a product of not the appellant is psychologically incapacitated to discharge a
collusion; and that in actions for annulment of marriage, the mate- basic marital obligation was resolved upon a review of both the
rial facts alleged in the complaint shall always be proved.47 documentary and testimonial evidence on record. Appellant admit-
ted that he did not have sexual relations with his wife after almost
Section 1, Rule 19 of the Rules of Court reads:
ten months of cohabitation, and it appears that he is not suffering
"Section 1. Judgment on the pleadings. - Where an an- from any physical disability. Such abnormal reluctance or unwill-
swer fails to tender an issue, or otherwise admits the material ingness to consummate his marriage is strongly indicative of a
allegations of the adverse party's pleading, the court may, on serious personality disorder which to the mind of this Court clearly
motion of that party, direct judgment on such pleading. But in demonstrates an 'utter insensitivity or inability to give meaning
actions for annulment of marriage or for legal separation the and significance to the marriage' within the meaning of Article 36
material facts alleged in the complaint shall always be proved." of the Family Code (See Santos vs. Court of Appeals, G.R No. 112019,
The foregoing provision pertains to a judgment on the plead- January 4, 1995)."48
ings. What said provision seeks to prevent is annulment of mar- Petitioner further contends that respondent court erred in
riage without trial. The assailed decision was not based on such a holding that the alleged refusal of both the petitioner and the pri-
judgment on the pleadings. When private respondent testified un- vate respondent to have sex with each other constitutes psychologi-
der oath before the trial court and was cross-examined by oath cal incapacity of both. He points out as error the failure of the trial
before the trial court and was cross-examined by the adverse party, court to make "a categorical finding about the alleged psychological
she thereby presented evidence in the form of a testimony. After incapacity and an in-depth analysis of the reasons for such refusal
such evidence was presented, it became incumbent upon petitioner which may not be necessarily due to psychological disorders" be-
to present his side. He admitted that since their marriage on May cause there might have been other reasons - i.e., physical disor-
22, 1988, until their separation on March 15, 1989, there was no ders, such as aches, pains or other discomforts, - why private
sexual intercourse between them. respondent would not want to have sexual intercourse from May
22, 1988 to March 15, 1989, in a short span of 10 months.
To prevent collusion between the parties is the reason why, as
stated by the petitioner, the Civil Code provides that no judgment First it must be stated that neither the trial court nor the
annulling a marriage shall be promulgated upon a stipulation of respondent court made a finding on who between petitioner and
facts or by confession of judgment (Arts. 88 and 101 [par. 21) and private respondent refuses to have sexual contact with the other.
the Rules of Court prohibit such annulment without trial (Sec. 1, The fact remains, however, that there has never been coitus be-
Rule 19). tween them. At any rate, since the action to declare the marriage
void may be filed by either party, i.e., even the psychologically
The case has reached this Court because petitioner does not
incapacitated, the question of who refuses to have sex with the
want their marriage to be annulled. This only shows that there is
no collusion between the parties. When petitioner admitted that he other becomes immaterial.
and his wife (private respondent) have never had sexual contact Petitioner claims that there is no independent evidence on record
with each other, he must have been only telling the truth. We are to show that any of the parties is suffering from psychological inca-
reproducing the relevant portion of the challenged resolution deny- pacity. Petitioner also claims that he wanted to have sex with private
ing petitioner's Motion for Reconsideration, penned with magiste- respondent; that the reason for private respondent's refusal may not
rial lucidity by Associate Justice Minerva Gonzaga-Reyes, viz.: be psychological but physical disorder as stated above.

=iua. Rollo, p. 34.


48
32 LEGAL RESEARCH
r
?
' FUNDAMENTAL RESEARCH SKILL: 33
CASE BRIEFING AND SYNTHESIS OF CASES

We do not agree. Assuming it to be so, petitioner could have asserted . his rights even though she balked (Tompkins vs.
discussed with private respondent or asked her what is ailing her, Tompkins, 111 Atl. 599, cited in I, Civil Code, Paras at p. 3~0).
and why she balks and avoids him everytime he wanted to have Besides, if it were true that it is the wife who was suffenng
sexual intercourse with her. He never did. At least, there is nothing from incapacity, the fact that defendant did not go to court
in the record to show that he had tried to find out or discover what and seek the declaration of nullity weakens his claim. This
the problem with his wife could be. What he presented in evidence case was instituted by the wife whose normal expectations of
is his doctor's Medical Report that there is no evidence of his impo- her marriage were frustrated by her husband's inadequacy.
tency and he is capable of erection.49 Since it is petitioner's claim Considering the innate modesty of the Filipino woman, it is
that the reason is not psychological but perhaps physical disorder hard to believe that she would expose her private life to public
on the part of private respondent, it became incumbent upon him scrutiny and fabricate testimony against her husband if it
to prove such a claim. were not necessary to put her life in order and put to rest her
"If a spouse, although physically capable but simply refuses to marital status.
perform his or her essential marital obligations, and the refusal is ''We are not impressed by defendant's claim that what
senseless and constant, Catholic marriage tribunals attribute the the evidence proved is the unwillingness or lack of intention
causes to psychological incapacity than to stubborn refusal. Sense- to perform the sexual act, which is not psychological incapac-
less and protracted refusal is equivalent to psychological incapac- ity, and which can be achieved "through proper motivation."
ity. Thus, the prolonged refusal of a spouse to have sexual inter- After almost ten months of cohabitation, the admission that
course with his or her spouse is considered a sign of psychological the husband is reluctant or unwilling to perform the sexual
incapacity.'"? act with his wife whom he professes to love very dearly, and
who has not posed any insurmountable resistance to his al-
Evidently, one of the essential marital obligations under the
leged approaches, is indicative of a hopeless situation, and of
Family Code is "To procreate children based on the universal prin-
a serious personality disorder that constitutes psychological
ciple that procreation of children through sexual cooperation is the
incapacity to discharge the basic marital covenants within the
basic end of marriage." Constant non-fulfillment of this obligation
will finally destroy the integrity or wholeness of the marriage. In contemplation of the Family Code."51
the case at bar, the senseless and protracted refusal of one of the While the law provides that the husband and the wife are
parties to fulfill the above marital obligation is equivalent to psy- obliged to live together, observe mutual love, respect and fidelity
chological incapacity. (Art. 68, Family Code), the sanction therefor is actually the "spon-
As aptly stated by the respondent court, taneous mutual affection between husband and wife and not any
legal m~ndate of court order" (Cuaderno us. Cuaderno, 120 Phil.
"An examination of the evidence convinces Us that the 1298). Love is useless unless it is shared with another. Indeed, no
husband's plea that the wife did not want carnal intercourse man is an island, the cruelest act of a partner in marriage is to say
with him does not inspire belief. Since he was not physically "I could not have cared less." This is so because an ungiven self is
impotent, but he refrained from sexual intercourse during the an unfulfilled self. The egoist has nothing but himself. In the natu-
entire time (from May 22, 1988 to March 15, 1989) that he ral order, it is sexual intimacy which brings spouses wholeness and
occupied the same bed with his wife, purely out of sympathy oneness. Sexual intimacy is a gift and a participation in the mys-
for her feelings, he deserves to be doubted for not having tery of creation. It is a function which enlivens the hope of procrea-
tion and ensures the continuation of family relations.

49Exhs. "2," "2-B," and "2-C."


50 Psychological Incapacity, G.T. Veloso, p. 20, cited in The Family Code of the
Philippines Annotated, Pineda, 1989 ed., p. 51. 51Decision, pp. 11-12; Rollo, pp. 30-31.
34 LEGAL RESEARCH FUNDAMENTAL RESEARCH SKILL: 35
CASE BRIEFING AND SYNTHESIS OF CASES

It appears that there is absence of empathy between peti- In the case at bar, the senseless and protracted refusal of one
tioner and private respondent. That is - a shared feeling which of the parties to fulfill the above marital obligation is equivalent to
between husband and wife must be experienced not only by having psychological incapacity.
spontaneous sexual intimacy but a deep sense of spiritual com-
Judgment AFFIRMED.
munion. Marital union is a two-way process. An expressive interest
in each other's feelings at a time it is needed by the other can go a
long way in deepening the marital relationship. Marriage is defi- REPUBLIC OF THE PHILIPPINES, petitioner, v. COURT
nitely not for children but for two consenting adults who view the OF APPEALS and RORIDEL OLAVIANO MOLINA,
relationship with love (amor gignit amorem), respect, sacrifice and respondents, G.R. No. 108763, Feb. 13, 1997
a continuing commitment to compromise, conscious of its value as
a sublime social institution.
PANGANIBAN, J.:
This Court, finding the gravity of the failed relationship in
The Family Code of the Philippines provides an entirely new
which the parties found themselves trapped in its mire of unful-
ground (in addition to those enumerated in the Civil Code) to assail
filled vows and unconsummated marital obligations, can do no less
the validity of a marriage, namely, "psychological incapacity." Since
but sustain the studied judgment of respondent appellate court.
the Code's effectivity, our courts have been swamped with various
IN VIEW OF THE FOREGOING PREMISES, the assailed petitions to declare marriages void based on this ground. Although
decision of the Court of Appeals dated November 29, 1994 is hereby this Court had interpreted the meaning of psychological incapacity
AFFIRMED in all respects and the petition is hereby DENIED for in the recent case of Santos u. Court ofAppeals, still many judges
lack of merit. and lawyers find difficulty in applying said novel provision in spe-
cific cases. In the present case and in the context of the herein
assailed Decision of the Court of Appeals, the Solicitor General has
CASE BRIEF
labelled - exaggerated to be sure but nonetheless expressive of his
frustration - Article 36 as the "most liberal divorce procedure in
Chi Ming Tsoi v. CA, 266 SCRA 324, the world." Hence, this Court, in addition to resolving the present
Jan. 16, 1997, J. Torres, Jr. case, finds the need to lay down specific guidelines in the interpre-
tation and application of Article 36 of the Family Code.
Facts: On May 22, 1988, Gina Lao married Chi Ming Tsoi. Before us is a petition for review on certiorari under Rule 45
Since their marriage until their separation on March 15, 1989, challenging the January 25, 1993 Decision52 of the Court of Ap-
there was no sexual contact between them. Gina filed a case of peals" 2 in CA-G.R. CV No. 34858 affirming in toto the May 14,
annulment of marriage on the ground of psychological incapacity 1991 decision of the Regional Trial Court of La Trinidad, 54 Benguet,
with the RTC of Quezon City. The RTC granted annulment which which declared the marriage of respondent Roridel Olaviano Molina
was affirmed by the CA. to Reynaldo Molina void ab initio, on the ground of "psychological
incapacity" under Article 36 of the Family Code.
Issue: Is the failure of the husband to have sexual inter-
course with his wife from the time of the marriage. until their
separation on March 15, 1989 a ground for psychological incapac-
ity.
Ruling: One of the essential marital obligations under the
52Rollo
pp. 25-33.
Family Code is "to procreate children based on the universal prin- 53Sixteenth
Division composed of J. Segundino G. Chua, ponente and chair-
ciple that procreation of children through sexual cooperation is the man; JJ., Serafin V.C., Guingona and Ricardo P. Galvez, JJ., concurring.
54Presided
basic end of marriage." by Judge Heilia S. Mallare-Phillipps.
r
t
l FUNDAMENTAL RESEARCH SKILL: 37
36 LEGAL RESEARCH CASE BRIEFING AND SYNTHESIS OF CASES

2. That out of their marriage, a child named Albert


The Facts
Andre Glaviano Molina was born on July 29, 1986;

l
This case was commenced on August 16, 1990 with the filing 3. That the parties are separated-in-fact for more than
by respondent Roridel 0. Molina of a verified petition for declara- three years;
tion of nullity of her marriage to Reynaldo Molina. Essentially, the
petition alleged that Roridel and Reynaldo were married on April 4. That petitioner is not asking support for her and
14, 1985 at the San Agustin Church55 in Manila; that a son, Andre her child;
0. Molina was born; that after a year of marriage, Reynaldo showed 5. That the respondent is not asking for damages;
signs of "immaturity and irresponsibility" as a husband and a fa-
ther since he preferred to spend more time with his peers and
friends on whom he squandered his money; that he depended on 1
4
,!
6. That the common child of the parties is in the cus-
tody of the petitioner wife."
his parents for aid and assistance, and was never honest with his
i Evidence for herein respondent,Wlfe consisted of her own

I
wife in regard to their finances, resulting in frequent quarrels be- testimony and that of her friends Rosemarie Ventura and Maria
tween them; that sometime in February 1986, Reynaldo was re- Leonora Padilla as well as of Ruth G. Lalas, a social worker,
lieved of his job in Manila, and since then Roridel had been the sole and of Dr. Teresita Hidalgo-Sison, a psychiatrist of the Baguio
breadwinner of the family; that in October 1986 the couple had a General Hospital and Medical Center. She also submitted docu-
very intense quarrel, as a result of which their relationship was ments marked as Exhibits "A" to "E-1." Reynaldo did not
estranged; that in March 1987, Roridel resigned from her job in present any evidence as he appeared only during the pre-trial
Manila and went to live with her parents in Baguio City; that a few conference.
weeks later, Reynaldo left Roridel and their child, and had since
then abandoned them; that Reynaldo had thus shown that he was On May 14, 1991, the trial court rendered judgment de-
psychologically incapable of complying with essential marital obli- claring the marriage void. The appeal of petitioner was denied
gations and was a highly immature and habitually quarrelsome by the Court of Appeals which affirmed in toto the RTC's
individual who thought of himself as a king to be served; and that decision. Hence, the present recourse.
it would be to the couple's best interest to have their marriage
declared null and void in order to free them from what appeared to The Issue
be an incompatible marriage from the start.
In his petition, the Solicitor General insists that "the Court
In his Answer filed on August 28, 1989, Reynaldo admitted of Appeals made an erroneous and incorrect interpretation of
that he and Roridel could no longer live together as husband and the phrase 'psychological incapacity' (as provided under Art. 36
wife, but contended that their misunderstandings and frequent quar- of the Family Code) and made an incorrect application thereof
rels were due to (1) Roridel's strange behavior of insisting on main- to the facts of the case," adding that the appealed Decision
taining her group of friends even after their marriage; (2) Roridel's tended "to establish in effect the most liberal divorce procedure
refusal to perform some of her marital duties such as cooking meals; in the world which is anathema to our culture."
and (3) Roridel's failure to run the household and handle their
finances. In denying the Solicitor General's appeal, the respondent
Court relied56 heavily on the trial court's findings "that the
During the pre-trial on October 17, 1990, the following were
stipulated:
"1. That the parties herein were legally married on April "The Court of Appeals reproduced in its Decision a substantial portion of the
14, 1985 at the Church of St. Augustine, Manila; RTC Decision as follows:
"To sustain her claim that respondent is psychologically incapacitated to com-
ply with his marital obligations, petitioner testified that he ~s immature, irresponsi-
ble, dependent, disrespect, arrogant, a chrome liar, and an mfidel. These character-
55Solemnized by Fr. Jesus G. Encinas.
38 LEGAL RESEARCH

marriage between the parties broke up because of their oppos-


ing and conflicting personalities." Then, it added its own opin-
' FUNDAMENTAL RESEARCH SKILL:_
CASE BRIEFING AND SYNTHESIS OF CASES

"As a ground for annulment of marriage, We view psy-


chological incapacity as a broad range of mental and behavioral
39

conduct on the part of one spouse indicative of how he or she


ion that "the Civil Code Revision Committee (hereinafter re-
regards the marital union, his or her personal relationship
' fer.red to as the Committee) intended to liberalize the applica-
with the other spouse, as well as his or her conduct in the
tion of our civil laws on personal and family rights x x x." It
long haul for the attainment of the principal objectives of
concluded that:
marriage. If said conduct, observed and considered as a whole,
tends to cause the union to self-destruct because it defeats the
very objectives of marriage, then there is enough reason to
\sties of respondent are based on petitioner's testimony that the former failed to be
leave the spouses to their individual fates.

I
g~infully employed. after he was relieved from the Office of the Government Corpo-
rate Counsel sometime m February 1986, leaving petitioner as the sole breadwinner In the case at bar, We find that the trial judge committed
of \he family. ~so when they were separated in fact, respondent practically aban-
d_on\;d both petitioner-mother and son except during the first few months of separa-
no indiscretion in analyzing and deciding the instant case, as
it did, hence, We find no cogent reason to disturb the findings

l
tion \when respondent regularly visited his son and gave him a monthly allowance of
Pl,000.00 for about two to four months. Respondent is likewise dependent on his and conclusions thus made."
parents for financ_ial aid and support as he has no savings, preferring to spend his
money with his friends and peers. A year after their marriage, respondent informed Respondent, in her Memorandum, adopts these discussions of
pe_hhoner that he bought a house and lot at BF Homes, Paranaque for about a
million pesos. They then transferred there only for the ·petitioner to discover a few
months later_ that they were actually renting the house with the respondent's par-
fI the Court of Appeals.
The petitioner, on the other hand, argues that "opposing and
ents responsible for the payment of the rentals. Aside from this, respondent would
a'.so he about his salary and ability. And that at present, respondent is living with
his mistress and their child, which fact he does not deny.
Il conflicting personalities" is not equivalent to psychological incapac-
ity, explaining that such ground "is not simply the neglect by the
. It is unfortunate that the marriage between petitioner and respondent turned parties to the marriage of their responsibilities and duties, but a
sour if we look at ~he b~ckground of their relationship. During their college days, defect in their psychological nature which renders them incapable
~hen they were still gomg steady, respondent observed petitioner to be conserva-
tive, homely, and intelligent causing him to believe then that she would make an of performing such marital responsibilities and duties."
i~eal wife and mother. Likewise, petitioner fell in love with respondent because of
his thoughtfulness and gentleness. After a year, however, they decided to break
their relationship because of some differences in their personalities. Almost five (5) The Court's Ruling
yea:s later, while they were working in Manila, petitioner and respondent rekindled
their love affair. They became very close and petitioner was glad to observe a more The petition is meritorious.
mature respondent. Believing that they know each other much better after two
In Leouel Santos vs. Court of Appeals,57 this Court, speaking
years of going steady, they decided to settle down and get married. It would seem
therefore, that petitioner and respondent knew each other well and were then thru Mr. Justice Jose C. Vitug, ruled that "psychological incapacity
prepared for married life.
Durin~ their marri~ge, however, the true personalities of the parties cropped-
up and dommated_ their life together. Unexpectedly on both their parts, petitioner
and respondent failed to respond properly to the situation. This failure resulted in Code). The unique element of permanency of union signifies a continuing, developing,
their frequent arguments and fightings. In fact, even with the intervention and help and lifelong relationship between the parties. Towards this end, the parties must
of their parents who arranged for their possible reconciliation, the parties could not fully understand and accept the (implications and consequences of being permanently)
come to terms. united in marriage. And the maintenance of this relationship demands from the
It seems_ clear a~ this state that the marriage between the parties broke-up parties, among others, determination to succeed in their marriage as well as heartfelt
because of their opposmg and conflicting personalities (sic). Neither of them can understanding, acceptance, cooperation, and support for each other. Thus, the Family
accept and understand the weakness of the other. No one gives in and instead, Code requires them to live together, to observe mutual (love, respect and fidelity,
blame each other for whatever problem or misunderstanding/s they encounter. In and render mutual help and support. Failure to observe) and perform these
fine, respondent cannot be solely responsible for the failure of other (sic) marriage. fundamental roles of a husband and a wife will most likely lead to the break-up of
Rather, this resulted because both parties cannot related to each other as husband the marriage. Such is the unfortunate situation in this case." (Decision, pp. 5-8;
and wife which is unique and requisite in marriage.
Marriage is a special contract of permanent union between a man and woman Original Records, pp. 70- 73)
57240 SCRA 20, 34, January 4, 1995.
with the basic objective of establishing a conjugal and family life. (Article 1, Family
FUNDAMENTAL RESEARCH SKILL: 41
40 LEGAL RESEARCH
CASE BRIEFING AND SYNTHESIS OF CASES

should refer to no less than a mental (not physical) incapacity xx x A There is no hope, the man is also living with another
and that (t)here is hardly any doubt that the intendment of the law woman.
has been to confine the meaning of 'psychological incapacity' to the Q Is it also the stand of the psychiatrist that the parties
most serious cases of personality disorders clearly demonstrative of are psychologically unfit for each other but they are psy-
an utter insensitivity or inability to give meaning and significance chologically fit with other parties?
to the marriage. This psychologic condition must exist at the time
the marriage is celebrated." Citing Dr. Gerardo Veloso, a former A Yes, Your Honor.
presiding judge of the Metropolitan Marriage Tribunal of the Catho- Q Neither are they psychologically unfit for their profes-
lic Archdiocese of Manila,58 Justice Vitug wrote that "the psycho- sions?
logical incapacity must be characterized by (a) gravity, (b) juridical
antecedence, and (c) incurability." A Yes, Your Honor.

On the other hand, in the present case, there is no clear The Court has no more questions."
showing to us that the psychological defect spoken of is an incapac- In the case of Reynaldo, there is no showing that his alleged
ity. It appears to us to be more of a "difficulty," if not outright personality traits were constitutive of psychological incapacity ex-
"refusal" or "neglect" in the performance of some marital obliga- isting at the time of marriage celebration. While some effort was
tions. Mere showing of "irreconcilable differences" and "conflicting made to prove that there was a failure to fulfill pre-nuptial impres-
personalities" in no wise constitutes psychological incapacity. It is sions of "thoughtfulness and gentleness" on Reynaldo's part and of
not enough to prove that the parties failed to meet their responsi- being "conservative, homely and intelligent" on the part of Roridel,_
bilities and duties as married persons; it is essential that they such failure of expectation is not indicative of antecedent psycho-
must be shown to be incapable of doing so, due to some psychologi- logical incapacity. If at all, it merely shows love's temporary blind-
cal (not physical) illness. ness to the faults and blemishes of the beloved.
The evidence adduced by respondent merely showed that she During its deliberations, the Court decided to go beyond merely
and her husband could not get along with each other. There had ruling on the facts of this case vis-a-vis existing law and jurispru-
been no showing of the gravity of the problem; neither its juridical dence. In view of the novelty of Art. 36 of the Family Code and the
antecedence nor its incurability. The expert testimony of Dr. Sison difficulty experienced by many trial courts in interpreting and ap-
showed no incurable psychiatric disorder but only incompatibility, plying it, the Court decided to invite two amici curiae, namely, the
not psychological incapacity. Dr. Sison testified:59 Most Reverend Oscar V. Cruz," Vicar Judicial (Presiding Judge) of
the National Appellate Matrimonial Tribunal of the Catholic Church
in the Philippines, and Justice Ricardo C. Puno,61 a member of the
"COURT
Q It is therefore the recommendation of the psychiatrist
based on your findings that it is better for the Court to
GOThe National Appellate Matrimonial Tribunal reviews all decisions of the
annul (sic) the marriage? marriage tribunals of each archdiocese or diocese in the country: Aside from heading
the Appellate Tribunal, Most Rev. Cruz is also incumbent president of the Catholic
A Yes, Your Honor.
Bishops' Conference of the Philippines, Archbishop of Dagupan-Lingayen, and holds
Q There is no hope for the marriage? the degrees of Doctor of Canon Law and Doctor of Divinity. Archbishop Cruz was
also Secretary-General of the Second Plenary Council of the Philippines - PCP II -
held from January 20, 1991 to February 17, 1991, which is the rough equivalent of a
parliament or a constitutional convention in the Philippine Church, and where t~e
ponente, who was a Council member, had the privilege of being overwhelmed by his
58Quoted
keen mind and prayerful discernments.
from Justice Alicia Sempio-Diy, Handbook on the Family Code, First GI Justice Puno was a former member of the Court of Appeals, retired Minister
Edition, 1988. of Justice, author, noted civil law professor and law practitioner.
59TSN, April 6, 1991, p. 5.
FUNDAMENTAL RESEARCH SKILL: 43
42 LEGAL RESEARCH CASE BRIEFING AND SYNTHESIS OF CASES

obligations he was assuming, or knowing them, could not have

l
Family Code Revision Committee. The Court takes this occasion to given valid assumption thereof. Although no example of such inca-
thank these friends of the Court for their informative and interest- pacity need be given here so as not to limit the application of the
ing discussions during the oral argument on December 3, 1996, provision under the principle of ejusdem generis, nevertheless such
which they followed up with written memoranda. root cause must be identified as a psychological illness and its
incapacitating nature fully explained. Expert evidence may be given
From their submissions and the Court's own deliberations,
the following guidelines in the interpretation and application of by qualified psychiatrists and clinical psychologists.
Art. 36 of the Family Code are hereby handed down for the guid- (3) The incapacity must be proven to be existing at "the
ance of the bench and the bar: time of the celebration" of the marriage.64 The evidence must show
that the illness was existing when the parties exchanged their "I
(1) The burden of proof to show the nullity of the marriage
do's." The manifestation of the illness need not be perceivable at
belongs to the plaintiff. Any doubt should be resolved in favor of
such time, but the illness itself must have attached at such mo-
the existence and continuation of the marriage and against its
ment, or prior thereto.
dissolution and nullity. This is rooted in the fact that both our
Constitution and our laws cherish the validity of marriage and ( 4) Such incapacity must also be shown to be medically or
unity of the family. Thus, our Constitution devotes an entire Article clinically permanent or incurable. Such incurability may be abso-
on the Family,62 recognizing it "as the foundation of the nation." It lute or even relative only in regard to the other spouse, not neces-
decrees marriage as legally "inviolable," thereby protecting it from sarily absolutely against everyone of the same sex. Furthermore,
dissolution at the whim of the parties. Both the family and mar- such incapacity must be relevant to the assumption of marriage
riage are to be "protected" by the State. obligations, not necessarily to those not related to marriage, like
the exercise of a profession or employment in a job. Hence, a
The Family Code63 echoes this constitutional edict on mar-
pediatrician may be effective in diagnosing illnesses of children
riage and the family and emphasizes their permanence, inviolabil-
and prescribing medicine to cure them but may not be psychologi-
ity and solidarity.
cally capacitated to procreate, bear and raise his/her own children
(2) The root cause of the psychological incapacity must be as an essential obligation of marriage.
(a) medically or clinically identified, (b) alleged in the complaint, (c)
(5) Such illness must be grave enough to bring about the
sufficiently proven by experts and (d) clearly explained in the deci-
disability of the party to assume the essential obligations of mar-
sion. Article 36 of the Family Code requires that the incapacity
riage. Thus, "mild characteriological peculiarities, mood changes,
must be psychological - not physical, although its manifestations
occasional emotional outbursts" cannot be accepted as root causes.
and/or symptoms may be physical. The evidence must convince the
The illness must be shown as downright incapacity or inability, not
court that the parties, or one of them, was mentally or psychically
a refusal, neglect or difficulty, much less ill will. In other words,
ill to such an extent that the person could not have known the
there is a natal or supervening disabling factor in the person, an
adverse integral element in the personality structure that effec-
tively incapacitates the person from really accepting and thereby
"Article XV
62
complying with the obligations essential to marriage.
THE FAMILY
Section 1. The State recognizes the Filipino Family as the foundation of the (6) The essential marital obligations must be those embraced
nation. Accordingly, it shall strengthen its solidarity and actively promote its total by Articles 68 up to 71 of the Family Code as regards the husband
development. and wife as well as Articles 220, 221 and 225 of the same Code in
63"Art.
1. Marriage is a special contract of permanent union between a man regard to parents and their children. Such non-complied marital
and a woman entered into in accordance with law for the establishment of conjugal
and family life. It is the foundation of the family and an inviolable social institution
whose nature, consequences, and incidents are governed by law and not subject to
stipulation, except that marriage settlements may fix the property relations during 64Salita vs. Magtolis, 233 SCRA 100, June 13, 1994.
the marriage within the limits provided by this Code."
44 LEGAL RESEARCH r FUNDAMENTAL RESEARCH SKILL:
CASE BRIEFING AND SYNTHESIS OF CASES
45

obligation(s) must also be stated in the petition, proven by evidence prosecuting attorney, shall submit to the court such certification
and included in the text of the decision. within fifteen (15) days from the date the case is deemed submitted
for resolution of the court. The Solicitor General shall discharge
(7) Interpretations given by the National Appellate Matri- the equivalent function of the defensor vinculi contemplated under
monial Tribunal of the Catholic Church in the Philippines, while Canon 1095.
not controlling or decisive, should be given great respect by our
courts. It is clear that Article 36 was taken by the Family Code In the instant case and applying Leouel Santos, we have al-
Revision Committee from Canon 1095 of the New Code of Canon ready ruled to grant the petition. Such ruling becomes even more
Law, which became effective in 1983 and which provides: cogent with the use of the foregoing guidelines.

"The following are incapable of contracting marriage: WHEREFORE, the petition is GRANTED. The assailed Deci-
Those who are unable to assume the essential obligations of sion is REVERSED and SET ASIDE. The marriage of Roridel
marriage due to causes of psychological nature."65 Olaviano to Reynaldo Molina subsists and remains valid.
SO ORDERED.
Since the purpose of including such provision in our Family
Code is to harmonize our civil laws with the religious faith of our Narvasa, C.J., Davide, Jr., Bellosillo, Melo, Puna, Francisco,
people, it stands to reason that to achieve such harmonization, Hermosisima, Jr. and Torres, Jr., JJ., concur.
great persuasive weight should be given to decisions of such appel-
Padilla, J., See Separate Statement.
late tribunal. Ideally - subject to our law on evidence - what is
decreed as canonically invalid should also be decreed civilly void. Regalado, Kapunan and Mendoza, JJ., concur in the result.
This is one instance where, in view of the evident source and '"-Romero, J., Please see separate opinion.
purpose of the Family Code provision, contemporaneous religious
interpretation is to be given persuasive effect. Here, the State and Vitug, J., Please see concurring opinion.
the Church - while remaining independent, separate and apart (Separate statements and concurring opinions are omitted)
from each other - shall walk together in synodal cadence towards
the same goal of protecting and cherishing marriage and the family
as the inviolable base of the nation. CASE BRIEF
(8) The trial court must order the prosecuting attorney or
Fiscal and the Solicitor General to appear as counsel for the state. Republic v. CA, 268 SCRA 198, Feb. 13, 1997
No decision shall be handed down unless the Solicitor General J. Panganiban
issues a certification, which will be quoted in the decision, briefly
stating therein his reasons for his agreement or opposition, as the
Facts: On April 14, 1985, plaintiff Roridel 0. Molina married
case may be, to the petition. The Solicitor General, along with the
Reynaldo Molina which union bore a son. After a year of marriage,
Reynaldo showed signs of immaturity and irresponsibility as a hus-
band and father as he preferred to spend more time with his friends,

I
65This
text is taken from the Memorandum of Archbishop Cruz. On the other depended on his parents for assistance, and was never honest with
hand, the text used in Santos vs. CA reads:
"Canon 1095. They are incapable of contracting marriage.
his wife in regard to their finances resulting in frequent quarrels
xxx xxx xxx between them. The RTC granted Roridel petition for declaration of
3. Who for causes of psychological nature are unable to assume the essen- nullity of her marriage which was affirmed by the CA.

i
tial obligations of marriage."
The difference in wording between this and that in Arch. Cruz's Memoran- Issue: Do irreconcilable differences and conflicting personali-
dum is due to the fact that the original Canon is written in Latin and both versions ties constitute psychological incapacity?
are differently-worded English translations.
FUNDAMENTAL RESEARCH SKILL: 47
46 LEGAL RESEARCH
CASE BRIEFING AND SYNTHESIS OF CASES

· Ruling: There is no clear showing that the psychological de- (6) The essential marital obligations must be those embraced
by Articles 68 up to 71 of the Family Code as regards the husband
fect spoken of is an incapacity. It appears to be more of a "diffi-
and wife as well as Articles 220, 221 and 225 of the same Code in
culty," if not outright "refusal" or neglect" in the performance of
regard to parents and their children. Such non-complied marital
some marital obligations.
obligation(s) must also be stated in the petition, proven by evidence
Mere showing of "irreconcilable differences and "conflicting and included in the text of the decision.
personalities in no wise constitutes psychological incapacity. It is (7) Interpretations given by the National Appellate Matri-
not enough to prove that the parties failed to meet their responsi- monial Tribunal of the Catholic Church in the Philippines, while
bilities and duties as married persons; it is essential that they not controlling or decisive, should be given great respect by our
must be shown to be incapable of doing so, due to some psychologi- courts. It is clear that Article 36 was taken by the Family Code
cal (not physical) illness. Revision Committee from Canon 1095 of the New Code of Canon
The evidence merely adduced that Roridel and her husband Law, which became effective in 1983.
could not get along with each other. There had been no showing of (8) The trial court must order the prosecuting attorney or
the gravity of the problem, neither its juridical antecedence nor its fiscal and the Solicitor General to appear as counsel for the state.
incur ability. No decision shall be handed down unless the Solicitor General
issues a certification, which will be quoted in the decision, briefly
The following guidelines in the interpretation and application
stating therein his reasons for his agreement or opposition, as the
of Art. 36 of the Family Code are hereby handed down for the
case may be, to the petition.
guidance of the bench and the bar:
Judgment reversed and set aside.
(1) The burden of proof to show the nullity of the marriage
belongs to the plaintiff. Any doubt should be resolved in favor of
the existence and continuation of the marriage and against its LUCITAESTRELLAHERNANDEZ,petitioner, v. COURT
dissolution and nullity. OF APPEALS, and MARIO C. HERNANDEZ,respondents,
G.R. No. 126010, Dec. 08, 1999 (Second Division)
(2) The root cause of the psychological incapacity must be
(a) medically or clinically identified, (b) alleged in the complaint, (c)
sufficiently proven by experts and (d) clearly explained in the deci- MENDOZA, J.:
sion. Article 36 of the Family Code requires that the incapacity This is a petition for review on certiorari of the decision66 of
must be psychological - not physical, although its manifestations the Court of Appeals, dated January 30, 1996, affirming the deci-
and/or symptoms may be physical. sion of the Regional Trial Court, Branch 18, Tagaytay City, dated
April 10, 1993, which dismissed the petition for annulment of mar-
(3) The incapacity must be proven to be existing at "the
riage filed by petitioner.
time of the celebration" of the marriage.
Petitioner Lucita Estrella Hernandez and private respondent
(4) Such incapacity must also be shown to be medically or
Mario C. Hernandez were married at the Silang Catholic Parish
clinically permanent or incurable. Such incurability may be abso- Church in Silang, Cavite on January 1, 1981 (Exh. A).67 Three
lute or even relative only in regard to the other spouse, not neces- children were born to them, namely, Maie, who was born on May 3,
sarily absolutely against everyone of the same sex.
(5) Such illness must be grave enough to bring about the
disability of the party to assume the essential obligations of mar- 66Per Justice Lourdes K Tayao-Jaguros and concurred in by Justices Jorge S.

riage. Thus, "mild characteriological peculiarities, mood changes,

I
Imperial (Chairman) and BA Adefuin-De la Cruz.
67RTC Records, p. 7.
occasional emotional outbursts" cannot be accepted as root causes.
48 LEGAL RESEARCH FUNDAMENTAL RESEARCH SKILL: 49
CASE BRIEFING AND SYNTHESIS OF CASES

1982 (Exh. B),68 Lyra, born on May 22, 1985 (Exh. C),69 and Marian, Petitioner and private respondent met in 1977 at the Philip-
born on June 15, 1989 (Exh. D).10 pine Christian University in Dasmarifi.as, Cavite. Petitioner, who
is five years older than private respondent, was then in her first
On July 10, 1992, petitioner filed before the Regional Trial year of teaching zoology and botany. Private respondent, a college
Court, Branch 18, Tagaytay City, a petition seeking the annulment freshman, was her student for two consecutive semesters. They
of her marriage to private respondent on the ground of psychologi- became sweethearts in February 1979 when she was no longer ·
cal incapacity of the latter. She alleged that from the time of their private respondent's teacher. On January 1, 1981, they were mar-
marriage up to the time of the filing of the suit, private respondent ried.
failed to perform his obligation to support the family and contrib-
ute to the management of the household, devoting most of his time Private respondent continued his studies for two more years.
engaging in drinking sprees with his friends. She further claimed His parents paid for his tuition fees, while petitioner provided his
that private respondent, after they were married, cohabited with allowances and other financial needs. The family income came from
another woman with whom he had an illegitimate child, while petitioner's salary as a faculty member of the Philippine Christian
having affairs with different women, and that, because of his pro- University. Petitioner augmented her earnings by selling
miscuity, private respondent endangered her health by infecting "Tupperware" products, as well as engaging in the buy-and-sell of
her with a sexually transmissible disease (STD). She averred that coffee, rice and polvoron.
private respondent was irresponsible, immature and unprepared From 1983 up to 1986, as private respondent could not find a
for the duties of a married life. Petitioner prayed that for having stable job, it was agreed that he would help petitioner in her busi-
abandoned the family, private respondent b~ ordered to give sup- nesses by delivering orders . to customers. However, because her
port to their three children in the total amount of P9,000.00 every husband was a spendthrift and had other women, petitioner's busi-
month; that she be awarded the custody of their children; and that ness suffered. Private respondent often had smoking and. drinking
she be adjudged as the sole owner of a parcel of land located at Don sprees with his friends and betted on fighting cocks. In 1982, after
Gregorio Subdivision I in Bo. Bucal, Dasmarifias, Cavite, purchased the birth of their first child, petitioner discovered two love letters
during the marriage, as well as the jeep which private respondent written by a certain Realita Villena to private respondent. She
took with him when he left the conjugal home on June 12, 1992.71 knew Villena as a married student whose husband was working in
On October 8, 1992, because of private respondent's failure to Saudi Arabia. When petitioner confronted private respondent, he
file his answer, the trial court issued an order directing the assist- admitted having an extra-marital affair with Villena. Petitioner
ant provincial prosecutor to conduct an investigation to determine then pleaded with Villena to end her relationship with private
if there was collusion between the parties." Only petitioner ap- respondent. For his part, private respondent said he would end the
peared at the investigation on November 5, 1992. Nevertheless, the affairs, but he did not keep his promise. Instead, he left the conju-
prosecutor found no evidence of collusion and recommended that gal home and abandoned petitioner and their child. When private
the case be set for trial. 73 respondent came back, however, petitioner accepted him, despite
private respondent's infidelity in the hope of saving their marriage.
Based on the evidence presented by the petitioner, the facts
are as follows:74 Upon the recommendation of a family friend, private respond-
ent was able to get a job at Reynolds Philippines, Inc. in San
Agustin, Dasmarifi.as, Cavite in 1986. However, private respondent
=u., p. 8.
was employed only until March 31, 1991, because he availed him-
69Jd., p. 9. self of the early retirement plan offered by the company. He re-
70Jd., p. 10. ceived P53,000.00 in retirement pay, but instead of spending the
71Petition,
RTC Records, pp. 1-4. amount for the needs of the family, private respondent spent the
72RTC
Records, p. 24.
'3Id., p. 25.
money on himself and consumed the entire amount within four
'4TSN, pp. 6-56, Nov. 13, 1992; pp. 3-31, Dec. 8, 1992. months of his retirement.
LEGAL RESEARCH FUNDAMENTAL RESEARCH SKILL: 51
CASE BRIEFING AND SYNTHESIS OF CASES

irivate respondent worked at Reynolds Philippines, Inc., According to petitioner, on August 1, 1992, she sent a hand-
, drinking, gambling and womanizing became worse. written letter81 to private respondent expressing her frustration
iscovered that private respondent carried on relation- over the fact that her efforts to save their marriage proved futile.
lifferent women. He had relations with a certain Edna In her letter, petitioner also stated that she was allowing him to
. at Yazaki; Angie, who was an operator of a billiard sell their owner-type jeepney82 and to divide the proceeds of the
1 "Japayuki"; Myrna Macatangay, a secretary at the sale between the two of them. Petitioner also told private respond-
r Driver's School in Bayan, Dasmarifias, Cavite, with ent of her intention to file a petition for the annulment of their
abited for quite a while; and, Ruth Oliva, by whom he marriage.
hter named Margie P. Oliva, born on September 15,
It does not appear that private respondent ever replied to
E).75 When petitioner confronted private respondent
petitioner's letter. By this time, he had already abandoned peti-
elationship with Tess, he beat her up, as a result of
tioner and their children. In October 1992, petitioner learned that
-as confined at the De la Salle University Medical Center private respondent left for the Middle East. Since then, private
fias, Cavite on July 4-5, 1990 because of cerebral con- respondent's whereabouts had been unknown.
h. F).1s
Ester Alfaro, petitioner's childhood friend and co-teacher at
ling to petitioner, private respondent engaged in extreme the Philippine Christian University, testified during the hearing on
s conduct during the latter part of 1986. As a result, the petition for annulment. She said that sometime in June 1979,
pondent contracted gonorrhea and infected petitioner. petitioner introduced private respondent to. her (Alfaro) as the
received treatment at the Zapote Medical Specialists farmer's sweetheart. Alfaro said she was. not impressed. with pri-
apote, Bacoor, Cavite from October 22, 1986 until March vate respondent who was her student in accounting. She observed
.xhs. G & H).77 private respondent to be fun-loving, spending most of his time with
campus friends. In November 1980, when petitioner asked Alfaro
mer averred that on one occasion of a heated argument,
to be one of the secondary sponsors at her forthcoming wedding,
pondent hit their eldest child who was then barely a
Alfaro wanted to dissuade petitioner from going through with the
rivate respondent is not close to any of their children as
wedding because she thought private respondent was not ready for
·er affectionate and hardly spent time with them.
married life as he was then unemployed. True enough, although
rly 17, 1979, petitioner entered into a contract to sell the couple appeared happy during the early part of their marriage,
with F & C Realty Corporation whereby she agreed to it was not long thereafter that private respondent started drinking
.he latter a parcel of land at the Don Gregorio Heights with his friends and going home late at night. Alfaro corroborated
I in Bo. Bucal, Dasmarifias, Cavite and placed a par- petitioner's claim that private respondent was a habitual drunkard
nt of P31,330.00. On May 26, 1987, after full payment of who carried on relationships with different women and continued
rt of P51,067.10, inclusive of interests from monthly hanging out with his friends. She also confirmed that petitioner
ts, a deed of absolute sale (Exh. K)79 was executed in her was once hospitalized because she was beaten up by private re-
TCT No. T-221529 (Exh. M)80 was duly issued. spondent. After the first year of petitioner's marriage, Alfaro tried
to talk to private respondent, but the latter accused her of med-
dling with their marital life. Alfaro said that private respondent
was not close to his children and that he had abandoned peti-
tioner."
Records, p. 37.
J. 38.
p. 39-40a.
p. 41-43.
»ta.,
pp. 49-51.
IPP· 44-45.
p. 47.
=u.. p.48.
MTSN, pp. 32-68, Dec. 8, 1992.
52 LEGAL RESEARCH
FUNDAMENTALRESEARCH SKILL: 53
CASE BRIEFING AND SYNTHESIS OF CASES

On April 10, 1993, the trial court rendered a decision= dis- "gonorrhea" transmitted to the petitioner by respondent occurred
missing the petition for annulment of marriage filed by petitioner. sometime in 1986, or five (5) years after petitioner's marriage with
The pertinent portion of the decision reads:85 respondent was celebrated in 1981. The provisions of Article 46,
paragraph (3) of the same law should be taken in conjunction with
. The Court can underscore the fact that the circumstances
mentioned by the petitioner in support of her claim that re- Article 45, paragraph (3) of the same code, and a careful reading of
spondent was "psychologicallyincapacitated" to marry her are the two (2) provisions of the law would require the existence of this
among the grounds cited by the law as valid reasons for the ground (fraud) at the time of the celebration of the marriage. Hence,
grant of legal separation (Article 55 of the Family Code)- not the annulment of petitioner's marriage with the respondent on this
as grounds for a declaration of nullity of marriages or annul- ground, as alleged and proved in the instant case, cannot be legally
ment thereof. Thus, Article 55 of the same code reads as fol- accepted by the Court.
lows:
Petitioner appealed to the Court of Appeals which, on Janu-
Art. 55. A petition for legal separation may be filed on ary 30, 1996, rendered its decision affirming the decision of the
any of the followinggrounds:
trial court. Citing the ruling in Santos v. Court of Appeals,86 the
(1) Repeated physical violenceor grossly abusive con- Court of Appeals held:87
duct directed against the petitioner, a common child, or a child
of the petitioner; It is clear in the above law and jurisprudence that the psycho-
logical incapacity of a spouse, as a ground for declaration of nullity
of marriage, must exist at the time of the celebration of marriage.
(5) Drug addiction or habitual alcoholism of the re- More so, chronic sexual infidelity, abandonment, gambling and use
spondent; of prohibited drugs are not grounds per se, of psychological incapac-
ity of a spouse.

(8) Sexual infidelity or perversion; We agree with the Solicitor General that petitioner-appellant
failed to prove that her respondent-husband was psychologically
incapacitated at the time of the celebration of the marriage. Cer-
(10) Abandonment of petitioner by respondent with- tainly, petitioner-appellant's declaration that at the time of their
out justifiable cause for more than one year. marriage her respondent-husband's character was on the ''border-
line between a responsible person and the happy-go-lucky," could
not constitute the psychological incapacity in contemplation of Arti-
If indeed Article 36 of the Family Code of the Philippines, cle 36 of the Family Code. In fact, petitioner-appellant herself as-
which mentions psychological incapacity as a ground for the decla- cribed said attitude to her respondent-husband's youth and very
ration of the nullity of a marriage, has intended to include the good looks, who was admittedly several years younger than peti-
above-stated circumstances as constitutive of such incapacity, then tioner-appellant who, herself, happened to be the college professor
the same would not have been enumerated as grounds for legal of her respondent-husband. Petitioner-appellant even described her
separation. respondent-husband not as a problem student but a normal one (p.
24, TSN, Dec. 8, 1992).
In the same manner, this Court is not disposed to grant relief
in favor of the petitioner under Article 46, paragraph (3) of the The acts and attitudes complained of by petitioner-appellant
Family Code of the Philippines, as there is no dispute that the happened after the marriage and there is no proof that the same

84Per Acting Presiding Judge Eleuterio F. Guerrero. 310 Phil. 22, 240 SCRA 20 (1995).
86
RTC Records, pp. 58-59.
85
Rollo, pp. 44-46.
81
54 LEGAL RESEARCH FUNDAMENTAL RESEARCH SKILL: 55
CASE BRIEFING AND SYNTHESIS OF CASES

have already existed at the time of the celebration of the marriage even if such incapacity becomes manifest only after its solemniza-
to constitute the psychological incapacity under Article 36 of the ,tion.88 .
Family Code.
In Santos v. Court of Appeals,89 we held:
Hence, this petition. Petitioner contends that the respondent
Court of Appeals erred - "Psychological incapacity" should refer to no less than a
s·; mental (not physical) incapacity that causes a party to be
I. IN FINDING THAT THE PSYCHOLOGICAL INCAPAC- ~• truly incognitive of the basic marital covenants that concomi-
ITY OF THE PRIVATE RESPONDENT TO COMPLY 1,:, tantly must be assumed and discharged by the parties to the
WITH HIS ESSENTIAL MARITAL OBLIGATIONS DID ~ri marriage which, as so expressed by Article 68 of the Family
NOT EXIST FROM THE TIME OF THE CELEBRATION ;., ' - Ccide, include their mutual obligations to live together, ob-
OF THE MARRIAGE. serve love, respect and fidelity and render help and support.
II. IN RULING THAT PRIVATE RESPONDENT WAS NOT J ic There is hardly any doubt that the intendment of the law has
PSYCHOLOGICALLY INCAPACITATED TO COMPLY y1• . been to confine the meaning of "psychological incapacity" to
WITH HIS ESSENTIAL MARITAL OBLIGATIONS. the most serious cases of personality disorders clearly demon-
1.:. strative of an utter insensitivity or inability to give meaning
III. IN AFFIRMING THE DECISION OF THE TRIAL +'J and significance to the marriage. This psychological condition
COURT DENYING THE AWARD OF PERMANENT ··~ . must exist at the time the marriage is celebrated. The law
CUSTODY OF THE CHILDREN TO PETITIONER. ·! . · does not evidently envision, upon the other hand, an inability
IV. IN AFFIRMING THE DECISION OF THE TRIAL :i, u .. of the spouse to have sexual relations with the other. This
COURT DENYING THE PRAYER FOR ISSUANCE OF J-1• • · conclusion is implicit under Article 54 of the Family Code
AN ORDER REQUIRING PRIVATE RESPONDENT TO ,.ll . which considers children conceived prior to the judicial decla-
GIVE SUPPORT TO THE THREE CHILDREN IN THE .r" , ration of nullity of the void marriage to be ''legitimate."
AMOUNT OF P3,000.00 PER CHILD. 01··
,0 The other forms of psychoses, if existing at the inception of
V. IN NOT DECLARING THE REAL PROPERTY AC- · marriage, like the state of a party being of unsound mind or con-
QUIRED BY PETITIONER AS HER EXCLUSIVE PROP- 1 cealment of drug addiction, habitual alcoholism, homosexuality or

ERTY. -'lesbianism, merely renders the marriage contract voidable pursu-


·tant to Article 46, Family Code. If drug addiction, habitual alcohol-
The issue in this case is whether or not the marriage of peti- 1Jfsm, lesbianism or homosexuality should occur only during the mar-
tioner and private respondent should be annulled on the ground of 'l-t:iage, they become mere grounds for legal separation under Article
private respondent's psychological incapacity. u55 of the Family Code. These provisions of the Code, however, do
Petitioner alleges that the Court of Appeals erred in holding ~rt.ot necessarily preclude the possibility of these various circum-
that petitioner failed to show that private respondent's psychologi- .• stances being themselves, depending on the degree and severity of
cal incapacity existed at the time of the celebration of the mar- ~Jhe. disorder, indicia of psychological incapacity.
riage. She argues that the fact that the acts of incapacity of private Until further statutory and jurisprudential parameters are
respondent became manifest only after the celebration of their mar- "established, every circumstance that may have some bearing on
riage should not be a bar to the annulment of their marriage. 1
he degree, extent, and other conditions of that incapacity must, in
i. every case, be carefully examined and evaluated so that no precipi-
Art. 36 of the Family Code states:
A marriage contracted by any party who, at the time of the
celebration, was psychologically incapacitated to comply with the 88As amended by E.O. No. 227 dated July 17, 1987.
essential marital obligations of marriage, shall likewise be void 89Supra, at 40-41.
56 LEGAL RESEARCH FUNDAMENTAL RESEARCH SKILL: 57
CASE BRIEFING AND SYNTHESIS OF CASES

tate and indiscriminate nullity is peremptorily decreed. The well- sion. Article 36 of the Family Code requires that the incapacity
considered opinions of psychiatrists, psychologists, and persons with roust be psychological, not physical, although its manifestations
expertise in psychological disciplines might be helpful or even de- and/or symptoms may be physical. The evidence must convince the
sirable. court that the parties, or one of them, was mentally or physically
ill to such an extent that the person could not have known the
In the instant case, other than her self-serving declarations,
obligations he was assuming, or knowing them, could not have
petitioner failed to establish the fact that at the time they were
wven valid assumption thereof. Although no example of such inca-
married, private respondent was suffering from a psychological de-
pacity need be given here so as not to limit the application of the
fect which in fact deprived him of the ability to assume the essen-
ptovision under the principle of ejusdem generis (citing Salita v.
tial duties of marriage and its concomitant responsibilities. AB the
Magtolis, supra) nevertheless such root cause must be identified as
Court of Appeals pointed out, no evidence was presented to show
a psychological illness and its incapacitating nature fully explained.
that private respondent was not cognizant of the basic marital
Expert evidence may be given by qualified psychiatrists and clini-
obligations. It was not sufficiently proved that private ·respondent
cal psychologists.
was really incapable of fulfilling his duties due to some incapacity
of a psychological nature, and not merely physical. Petitioner says Moreover, expert testimony should have been presented to
that at the outset of their marriage, private respondent showed establish the precise cause of private respondent's psychological
lack of drive to work for his family. Private respondent's parents mcapacity, if any, in order to show that it existed at the inception of
and petitioner supported him through college. After his schooling, )fue marriage. The burden of proof to show the nullity of the mar-
although he eventually found a job, he availed himself of the early riage rests upon petitioner. The Court is mindful of the policy of the
retirement plan offered by his employer and spent the entire amount .l,1187 Constitution to protect and strengthen the family as the basic
he received on himself. For a ~greater part of their marital life, autonomous social institution and marriage as the foundation of
private respondent was out of job and did not have the initiative to ·the family.91 Thus, any doubt should be resolved in favor of the
look for another. He indulged in vices and engaged in philandering, validity of the marriage.92
and later abandoned his family. Petitioner concludes that private
respondent's condition is incurable, causing the disintegration of
J/' We, therefore, find no reason to reverse the ruling of respond-
knt Court of Appeals whose conclusions, affirming the trial court's
their union and defeating the very objectives of marriage.
finding with regard to the non-existence of private respondent's
However, private respondent's alleged habitual alcoholism, psychological incapacity at the time of the marriage, are entitled to
sexual infidelity or perversion, and abandonment do not by them- great weight and even finality.93 Only where it is shown that such
selves constitute grounds for finding that he is suffering from a ifindings are whimsical, capricious, and arbitrary can these be over-
psychological incapacity within the contemplation of the Family 4iurned_
Code. It must be shown that these acts are manifestations of a
.;• The conclusion we have reached makes it unnecessary for us
disordered personality which make private respondent completely
unable to discharge the essential obligations of the marital state,
fu pass upon petitioner's contentions on the issue of permanent
~t.stody of children, the amount for their respective support, and
and not merely due to private respondent's youth and self-con-
scious feeling of being handsome, as the appellate court held. AB
'th~ declaration of exclusive ownership of petitioner over the real
-~toperty. These matters may more appropriately be litigated in a
pointed out in Republic of the Philippines v. Court of Appealer" 1s~parate
proceeding for legal separation, dissolution of property
The root cause of the psychological incapacity must be: (a) ·fHgime, and/or custody of children which petitioner may bring.
medically or clinically identified, (b) alleged in the complaint, (c) f '
sufficiently proven by experts and (d) clearly explained in the deci-
See Art. II, 12; Art. XV, 1-2.
91
92Republic of the Philippines v. Court of Appeals, supra.
335 Phil. 664, 676-680, 268 SCRA 198, 210-212 (1997).
90 93Tuason v. Court of Appeals, 326 Phil. 169, 256 SCRA 158 (1996).
58 LEGAL RESEARCH FUNDAMENTAL RESEARCH SKILL: 59
CASE BRIEFING AND SYNTHESIS OF CASES

WHEREFORE, the decision of the Court of Appeals is AF- ity which make private respondent completely unable to discharge
FIRMED. the essential obligations of the marital state, and not merely due to
SO ORDERED. private respondent's youth and self-consciousfeeling ofbeing hand-
some, as the appellate court held.
Bellosillo (Chairman), Quisumbing, Buena and De Leon, Jr.,
JJ., concur. Judgment affirmed.
Judgment affirmed.
BRENDA B. MARCOS, petitioner, v. WILSON G. MARCOS,
respondent, G.R. No. 136490, Oct. 19, 2000, 3rd Division
CASE BRIEF

PANGANIBAN,J.:
Hernandez v. CA, 320 SCRA 76,
Dec. 08, 1999, J. Mendoza Psychologicalincapacity, as a ground for declaring the nullity
of a marriage, may be established by the totality of evidence pre-
Facts: Lucita Estrella married Mario Hernandez on January sented. There is no requirement, however, that the respondent
1, 1981 and they begot three children. On July 10, 1992, Lucita should be examined by a physician or a psychologist as a conditio
filed before the RTC of Tagaytay City, a petition for annulment of sine qua non for such declaration.
marriage under Art. 36 alleging that from the time of their mar-
riage, Mario failed to perform his obligation to support the family, The Case
devoting most of his time drinking, had affairs with many women
and cohabiting with another women with whom he had an illegiti- Before us is a Petition for Reviewon Certiorari under Rule 45
mate child, and finally abandoning her and the family. of the Rules of Court, assailing the July 24, 1998 Decision94 of the
Court ofAppeals (CA)in CA-G.R.CVNo. 55588, which disposed as
The RTC dismissed the petition which was affirmed by the
follows:
CA.
Issue: Whether there was psychologicalincapacity under Art. "WHEREFORE,the contested decision is set aside and
36. the marriage between the parties is hereby declared valid."95

Ruling: Petitioner failed to establish the fact that at the time Also challenged by petitioner is the December 3, 1998 CA
they were married, private respondent was suffering from a psy- Resolution denying her Motion for Reconsideration.
chological defect which in fact deprived him of the ability to as- Earlier, the Regional Trial Court (RTC)had ruled thus:
sume the· essential duties of marriage and its concomitant respon-
sibilities. As the Court of Appeals pointed out, no evidence was "WHEREFORE,the marriage between petitioner Brenda
presented to show that private respondent was not cognizant of the B. Marcos and respondent Wilson G. Marcos, solemnized on
basic marital obligations. It was not sufficiently proved that pri- September 6, 1982 in Pasig City is declared null and void ab
vate respondent was really incapable of fulfilling his duties due to initio pursuant to Art. 36 of the Family Code. The conjugal
some incapacity of a psychologicalnature, and not merely physical. properties, if any, is dissolved[sic] in accordancewith Articles
126 and 129 of the same Code in relation to Articles 50, 51
Private respondent's alleged habitual alcoholism, sexual infi-
delity or perversion, and abandonment do not by themselves con-
stitute grounds for finding that he is suffering from a psychological
94Penned by Justice Bernardo LL Salas with the concurrence of Justices
incapacity within the contemplation of the Family Code. It must be
shown that these acts are manifestations of a disordered personal- Fermin A. Martin, Jr. (Division chairman) and Candido V. Rivera (member).
9SCA Decision, pp. 12-13; rollo, pp. 38-39.
FUNDAMENTALRESEARCH SKILL: 61
60 LEGAL RESEARCH CASE BRIEFING AND SYNTHESIS OF CASES

"After the downfall of President Marcos, he left the mili-


and 52 relative to the delivery of the legitime of [the] parties'
tary service in 1987 and then engaged in· diff~rent business
children. In the best interest and welfare of the minor chil-
ventures that did not however. prosper. As a wife, she always
dren, their custody is granted to petitioner subject to the visi-
urged him to look for work so that their children would see
; tation rights of respondent.
him, instead of her, as the head of the family and a good
"Upon finality of this Decision, furnish copy each to the provider. Due to his failure to engage in any gainful employ-
Officeof the Civil Registrar of Pasig City where the marriage ment they would often quarrel·and as a consequence,he would
was solemnized, the National Census and Statistics Office, hit and beat her. He would even force her to have sex with
Manila and the Register of Deeds of Mandaluyong City for him despite her weariness. He would also inflict physical.harm
their appropriate action consistent with this Decision. on their children for a slight mistake and was so severe m the
way he chastised them. Thus, for several times during their
"SO ORDERED." cohabitation, he would leave their house. In 1992, they were
already living separately.
The Facts "All the while, she was engrossed in the business of sell-
The facts as found by the Court of Appeals are as follows: ing "magic uling" and chicken. While she was still in the ~ili-
tary, she would first make deliveries early i~ the morning
"It was established during the trial that the parties were before going to Malacafiang. When she was discharged from
married twice: (1) on September 6, 1;982 which was solem- the military service, she concentrated on her busmes.s: T~en,
nized by Judge Eriberto H. Espiritu at the Municipal Court of she became a supplier in the Armed Forces of the Philippines
Pasig (Exh. A); and (2) on May_~, 1983 which was solemnized until she was able to put up a trading and construction com-
by Rev. Eduardo L. Eleazar, Command Chaplain, at the Presi- pany, NS Ness Trading and Construction Development Corpo-
dential Security Command Chapel in Malacaiiang Park, Ma- ration.
nila (Exh. A-1). Out of their marriage, five (5) children were "The 'straw that broke the camel's back' took place on
born (Exhs. B, C, D, E and F).
October 16, 1994, when they had a bitter quarrel. As they
"Appellant Wilson G. Marcos joined the Armed Forces of were already living separately, she did not want him to stay
the Philippines in 1973. Later on, he was transferred to the in their house anymore. On that day, when she saw him in
Presidential Security Command in Malacaiiang during the their house, she was so angry that she lambasted him. He
Marcos Regime.Appellee Brenda B. Marcos,on the other hand, then turned violent, inflicting physical harm on her and even
joined the Women'sAuxiliary Corps under the Philippine Air on her mother who came to her aid. The followingday, Octo-
Force in 1978.After the Edsa Revolution,both of them sought ber 17, 1994, she and their children left the house and sought
a discharge from the military service. refuge in her sister's house.
"They first met sometime in 1980 when both of them "On October 19, 1994, she submitted herself [to] medical
were assigned at the Malacafiang Palace, she as an escort of examination at the Mandaluyong Medical Center where her
Imee Marcos and he as a Presidential Guard of President injuries were diagnosed as contusions (Exh. G, Records, 153).
Ferdinand Marcos. Through telephone conversations, they be- "Sometime in August 1995, she together with her two
came acquainted and eventually became sweethearts. sisters and driver, went to him at the Bliss unit in
"Aftertheir marriage on September 6, 1982, they resided Mandaluyong to look for their missing child, Niko. Upon se~-
at No. 1702 Daisy Street, Hulo Bliss, Mandaluyong, a housing ing them, he got mad. After knowing the reason for .their
unit which she acquired from the Bliss Development Corpora- unexpected presence, he ran after them with a samurai and
tion when she was still single. even [beat] her driver.
LEGAL RESEARCH FUNDAMENTALRESEARCH SKILL: 63
CASE BRIEFING AND SYNTHESIS OF CASES

.tthe time of the filing of this case, she and their chil- psychologists is essential if only to prove that the parties were
ere renting a house in Camella, Parafi.aque, while the or any one of them was mentally or psychically ill to be truly
nt was residing at the Bliss unit in Mandaluyong. incognitive of the marital obligations he or she was assuming,
the case study conducted by Social Worker Sonia C. or as would make him or her . . . unable to assume them. In
the children described their father as cruel and physi- fact, he offered testimonial evidence to show that he [was] not
iusive to them (Exh. UV, Records, pp. 85-100). psychologically incapacitated. The root cause of his supposed
incapacity was not alleged in the petition, nor medically or
'he appellee submitted herself to psychologist Natividad clinically identified as a psychological illness or sufficiently
an, Ph.D., for psychological evaluation (Exh. YY, Records, proven by an expert. Similarly, there is no evidence at all that
1-216),
while the appellant on the otherhand did not. would show that the appellant was suffering from an incapac-
I'he court a quo found the appellant to be psychologi- ity which [was] psychological or mental - not physical to the
rcapacitated to perform his marital obligations mainly extent that he could not have known the obligations he was
e of his failure to find work to support his family and
lent attitude towards appellee and their children, ... 96
t assuming: that the incapacity [was] grave, ha[d] preceded the
marriage and [was] incurable." 97
j

i
Hence, this Petition.98
Ruling of the Court of App~als
sing the RTC, the CA held that psychological incapacity
Issues
m established by the totality of the evidence presented. In her Memorandum,99 petitioner presents for this Court's

I
ted in this wise: consideration the following issues:
Essential in a petition for annulment is the allegation of "I. Whether or not the Honorable Court of Appeals could set
ot cause of the spouse's psychological incapacity which aside the findings by the Regional Trial Court of psycho-
I also be medically or clinically identified, sufficiently logical incapacity of a respondent in a Petition for decla-
J. by experts and clearly explained in the decision. The ration of nullity of marriage simply because the respond-
icity must be proven to be existing at the time of the ent did not subject himself to psychological evaluation.
ation of the marriage and shown to be medically or clini-
II. Whether or not the totality of evidence presented and
permanent or incurable. It must also be grave enough to
the demeanor of all the witnesses should be the basis of
about the disability of the parties to assume the essen-
the determination of the merits of the Petition.P'"
bligations of marriage as set forth in Articles 68 to 71
u-ticles 220 to 225 of the Family Code and such non-
. ed marital obligations must similarly be alleged in the The Court's Ruling
on, established by evidence and explained in the deci-
We agree with petitioner that the personal medical or psycho-
logical examination of respondent is not a requirement for a decla-
"In the case before us, the appellant was not subjected to
rsychological or psychiatric evaluation. The psychological
rgs about the appellant by psychiatrist Natividad Dayan 97 CA Decision, pp. 10-11; rollo, 36-37.
based only on the interviews conducted with the appel- 9 8This case was deemed submitted for resolution on February 24, 2000, upon
Expert evidence by qualified psychiatrists and clinical receipt by this Court of respondent's Memorandum, which was signed by Atty.
Virgilio V. Macaraig. Petitioner's Memorandum, signed by Atty. Rita Linda V. Jimeno,
had been filed earlier on November 5, 1999.
99Rollo, p. 70; original in upper case.
ecision, pp. 5-7; rollo, pp. 31-33. 100Memorandum for petitioner, p. 6; Rollo, p. 70.
64 LEGAL RESEARCH FUNDAMENTALRESEARCH SKILL: 65
CASE BRIEFING AND SYNTHESIS OF CASES

ration of psychologicalincapacity. Nevertheless, the totality of the complaint, (c) sufficientlyprovenby experts and (d) clearly
evidence she presented does not show such incapacity. explained in the decision.Article 36 of the Family Code
requires that the incapacity must be psychological- not
Preliminary Issue: physical, although its manifestations and/or symptoms
Need for Personal Medical Examination may be physical. The evidence must convincethe court
that the parties, or one of them, was mentally or psychi-
Petitioner contends that the testimonies and the results of cally ill to such an extent that the person could not have
various tests that were submitted to determine respondent's psy- knownthe obligationshe was assuming, or knowingthem,
chologicalincapacity to perform the obligationsof marriage should could not have given valid assumption thereof. Althou.gh
not have been brushed aside by the Court of Appeals, simply be- no example of such incapacity need be given here so as
cause respondent had not taken those tests himself.Petitioner adds not to limit the application·of the provision under the
that the CA should have realized that under the circumstances,she principleof ejusdem generis, nevertheless such root cause
had no choicebut to rely on other sources of informationin order to must be identified as a psychologicalillness and its inca-
determine the psychologicalcapacity of respondent, who had re- pacitating nature fully explained. Expert evidence may
fused to submit himself to such tests. be given by qualifiedpsychiatrists and clinical psycholo-
gists.
In Republic v. CA and Molina, 101 the guidelines governing the
application and the interpretation of psychological incapacity re- 3) The incapacitymust be proven to be existing at 'the time
ferred to in Article 36 of the Family Code102 were laid downby this of the celebration' of the marriage. The evidence must
Court as follows: show that the illness was existing when the parties ex-
changed their 'I do's.' The manifestation of the illness
"I) The burden of proof to show the nullity of the marriage
belongs to the plaintiff. Any doubt should be resolved in ., need not be perceivable at such time, but the illness
itself must have attached at such moment, or prior
favor of the existence and continuation of the marriage
thereto.
and against its dissolution and nullity. This is rooted in
the fact that both our Constitution and our laws cherish 4) Such incapacity must also be shown to be medically or
the validity of marriage and unity of the family. Thus, clinicallypermanent or incurable. Such incurability may
our Constitution devotes an entire Article on the Family, be absolute or even relative only in regard to the other
recognizingit 'as the foundation of the nation.' It decrees spouse, not necessarily absolutely against everyone of
marriage as legally'inviolable,'thereby protectingit from the same sex. Furthermore, such incapacity must be rel-
dissolution at the whim of the parties. Both the family 1 ~I
evant to the assumption of marriage obligations,not nec-
and marriage are to be 'protected' by the state. essarily to those not related to marriage, like the exer-
xxx cise of a profession or employment in a job. Hence, a
xxx xxx
pediatrician may be effective in diagnosing illnesses of
2) The root cause of the psychologicalincapacity must be: children and prescribing medicine to cure them but not
(a) medically or clinically identified, (b) alleged in the be psychologicallycapacitatedto procreate,bear and raise
, his/her own children as an essential obligation of mar-
riage.
101268 SCRA 198, February 13, 1997, per Panganiban, J.
102•Article 36. A marriage contracted by any party who, at the time of the 5) Such illness must be grave enough to bring about the
celebration, was psychologically incapacitated to comply with the essential marital disability of the party to assume the essential obliga-
obligations of marriage, shall likewise be void even if such incapacity becomes
manifest only after its solemnization.
tions of marriage. Thus, 'mild characteriological peculi-
"The action for declaration of nullity of the marriage under this Article shall arities, mood changes, occasional emotional outbursts'
prescribe in ten years after its celebration." cannot be accepted as root causes. The illness must be
LEGAL RESEARCH
r
I
f
FUNDAMENTAL RESEARCH SKILL:
CASE BRIEFING AND SYNTHESIS OF CASES
67

a
ihown as downright incapacity or inability, not refusal '
psychologically incapacitated. In fact, the root cause may be "medi-
ieglect or difficulty, much less ill will. In other words'
cally or clinically identified." What is. important is ,the presenc~ of
here is a natal or supervening disabling factor in the
evidence that can adequately establish the party s psychological
ierson, an adverse integral element in the personality
condition. For indeed, if the totality of evidence presented is enough
itructure that effectively incapacitates the person from
to sustain a finding of psychological incapacity, then actual medical
·~ally accep~ing and thereby complying with the obliga-
ions essential to marriage. examination of the person concerned need not be resorted to.

I'he essential marital obligations must be those embraced


Main Issue:
1y Articles 68 up to 71 of the Family Code as regards the
Totality of Evidence Presented
iusband and wife as well as Articles 220, 221 and 225 of
.~e same Code i? regard to parents and their children. The main question, then, is whether the totality of the evi-
luch non-complied marital obligation(s) must also be dence presented in the present case - including the testimonies of
fated in the petition, proven by evidence and included petitioner, the common children, petitioner's sister and the social
n the text of the decision. worker - was enough to sustain a finding that respondent was
·nte~preta~ions given by the National Appellate .Matri- psychologically incapacitated.
r~omal TJ:ibunal of the Catholic Church in the Philip- We rule in the negative. Although this Court is sufficiently
nnes, while not controlling or decisive, should be given convinced that respondent failed to provide material support to the
rreat respect by our courts. family and may have resorted to physical abuse and abandonment,
xxx xxx xxx the totality of his acts does not lead to a. conclusion of psychological
incapacity on his part. There is absolutely no showing that his
.:'he trial court must order the prosecuting attorney or "defects" were already present at the inception of the marriage or
iscal and the Solicitor General to appear as counsel for that they are incurable.
he state. No decision shall be handed down unless the
lolicitor General issues a certification, which will be Verily, the behavior of respondent can be attributed to the fact
ruoted in the decision, briefly stating therein his reasons that he had lost his job and was not gainfully employed for a period
. r his .a~eement or opposition, as the case may be, to of more than six years. It was during this period that he became
he petition. The Solicitor General, along with the pros- intermittently drunk, failed to give material and moral support,
cuting attorney, shall submit to the court such certifica- and even left the family home.
ion within fifteen (15) days from the date the case is Thus, his alleged psychological illness was traced only to said
leemed submitted for resolution of the court. The Solici-
period and not to the inception of the marriage. Equally important,
or General shall discharge the equivalent function of
there is no evidence showing that his condition is incurable, espe-
he defensor vinculi contemplated under Canon 1095."Ioa
cially now that he is gainfully employed as a taxi driver.
idelines incorporate the three basic requirements ear-
Article 36 of the Family Code, we stress, is not to be confused
ted by ~he Court in Santos v. Court of Appeals:W4 "psy-
with a divorce law that cuts the marital bond at the time the
ncapacity must be characterized by: (a) gravity, (b) ju-
causes therefor manifest themselves. It refers to a serious psycho-
!~edence, and (c) incurability." The foregoing guidelines
logical illness afflicting a party even before the celebration of the
nre that a physician examine the person to be declared
marriage. It is a malady so grave and so permanent as to deprive
one of awareness of the duties and responsibilities of the matrimo-
nial bond one is about to assume. These marital obligations are
pp. 209-213.
'.l,
those provided under Articles 68 to 71, 220, 221 and 225 of the
·iCRA 20, 34, January 4, 1995, per Vitug, J.
Family Code.
69
FUNDAMENTALRESEARCH SKILL:
68 LEGAL RESEARCH CASE BRIEFING AND SYNTHESIS OF CASES

CASE BRIEF
Neither is Article 36 to be equated with legal separation, in
which the grounds need not be rooted in psychological incapacity
but on physical violence, moral pressure, moral corruption, civil
Marcos v. Marcos, G.R. No. 1364~0, Oct. 19, 2000
interdiction, drug addiction, habitual alcoholism, sexual infidelity,
(3rd Div.), J. Pangamban
abandonment and the like.l'" At best, the evidence presented by
petitioner refers only to grounds for legal separation, not for declar- Facts: Plaintiff Brenda B. Marcos married Wilson Marco~ in
ing a marriage void. 1982 and they had five children. Alleging that the husband fa~led
vide material support to the family and have resorte to
Because Article 36 has been abused as a convenient divorce
t~ p~oal abuse and abandonment, Brenda filed a case for the nul-
law, this Court laid down the procedural requirements for its invo-
cation in Molina. Petitioner, however, has not faithfully observed
f.~s~~ the marriage for psychological incapacit~. The RTC declared
:he marriage null and void under Art. 36 which was however re-
them.
versed by the CA.
In sum, this Court cannot declare the dissolution of the mar-
riage for failure of petitioner to show that the alleged psychological
Issues: 1) Whether personal medical or psycho~ogical exami-
incapacity is characterized by gravity, juridical antecedence and nation of the respondent by a ph~sician is a reqmrement for a
incurability (Santos v. CA, 240 SCRA 20); and for her failure to declaration of psychological incapacity.
observe the guidelines outlined in Republic v. CA (Santos v. CA and 2) Whether the totality of evidence presented in this case
Molina, 268 SCRA 198). show psychological incapacity.
WHEREFORE, the Petition is DENIED and assailed Decision Ruling: Pscyhological incapacity, as a ground for decl~ring
AFFIRMED, except that portion requiring personal medical exami- the nullity of a marriage, may be established by the totality of
nation as a conditio sine qua non to a finding of psychological eVidence presented. There is no requirement, however tha~ the
incapacity. No costs. respondent should be examined by a phy~ician or a psychologist as
SO ORDERED. a conditio sine qua non for such declaration.
Although this Court is sufficiently convinc~d that respondent
105"Article 55. A petition for legal separation
failed to provide material support to the family and ~ay ha~e
may be filed on any of the
following grounds: resorted to physical abuse and abandonmen~, t~e total~ty of h~s
(1) Repeated physical violence or grossly abusive conduct directed against acts does not lead to a conclusion of psycholo~ca~ mcapa;ity on hi:
the petitioner, a common child, or a child of the petitioner; ' art There is absolutely no showing that his defects were a -
(2) Physical violence or moral pressure to compel the petitioner to change
ready present at the inception of the marriage or that they are
religious or political affiliation;
(3) Attempt of respondent to corrupt or induce the petitioner, a common incurable.
child, or a child of the petitioner, to engage in prostitution, or connivance in such
corruption or inducement;
Verily the behavior of respondent can be attributed to the f~ct
(4) Final judgment sentencing the respondent to imprisonment of more that he had lost his job and was not gainf~ly e~ployed for a penod
than six years, even if pardoned; of more than six years. It was during this _penod that he became
(5) Drug addiction or habitual alcoholism of the respondent;
intermittently drunk, failed to give matenal and moral support,
(6) Lesbianism or homosexuality of the respondent;
(7) Contracting by the respondent of a subsequent bigamous marriage, and even left the family home.
whether in the Philippines or abroad;
(8) Sexual infidelity or perversion; Thus, his alleged psychological illnes~ was traced only to said
(9) Attempt by the respondent against the life of the petitioner; period and not to the inception of the mam~~e. ~q~ally important,
(10) Abandonment of petitioner by respondent without justifiable cause for there is no evidence showing that his condition ~s ii:curable, espe-
more than one year.
For purposes of this Article, the term 'child' shall include a child by nature or
cially now that he is gainfully employed as a taxi driver.
by adoption."
LEGAL RESEARCH FUNDAMENTAL RESEARCHSKILL: 71
CASE BRIEFINGAND SYNTHESISOF CASES

, this Court cannot declare the dissolution of the mar- and would return home drunk. He would force his wife to submit to
.ure of petit~onerto show that the alleged psychological sexual intercourse and if she refused, he would inflict physical
s charactenzed by gravity, juridical antecedence and injuries on her.!'"
(Santos v.. CA, 240 SCRA 20); and for her failure to
guidelines as outlined in Republic v. CA and Molina On October 1993, he left his family again and that was the
98. ' last time that they heard from him. Erlinda was constrained to
look for a job in OlongapoCity as a manicurist to support herself
and her children. Finally, Erlinda learned that Avelinowas impris-
IBLIC OF THE PHILIPPINES,petitioner, vs. oned for some crime, m and that he escaped from jail on October
MATIAS DAGDAG, respondent, G.R. No. 109975, 22, 1985.U2 A certification therefor dated. February 14, 1990, was
Feb. 09, 2001 (Second Division) issued by Jail Warden Orlando S. Limon. Avelinoremains at-large
to date.
NG,J.:
On July 3, 1990, Erlinda filed with the RegionalTrial Court of
'View on certiorari is the decision= of the Court of Ap- Olongapo City a petition for judicial declaration of nullity of mar-
April 22, 1993, in CA-G.R. CV No. 34378 which af- riage on the ground of psychologicalincapacity under Article 36 of
lecision of the Regional Trial Court of OlongapoCity in the Family Code.113 Since Avelinocould not be located, summons
'IJ'o. 380-0-90 declaring the marriage of Erlinda Matias was served by publication in the Olongapo News, a newspaper of
I Avelino Dagdag void under Article 36 of the Family general circulation, on September 3, 10, and 17, 1990.114 Subse-
quently, a hearing was conducted to establish jurisdictional facts.
Thereafter, on December 17, 1990, the date set for presentation of
ptember 7, 1975, Erlinda Matias, 16 years old, married ~vidence, only Erlinda and her counsel appeared. Erlinda testified
·angan D~gdag, 20 years old, at the Iglesia Filipina and presented her sister-in-law, Virginia Dagdag, as her only wit-
t. Church m Cuyapo, Nueva Ecija.P? The marriage cer- ness.
issued by the Officeof the Local Civil Registrar of the
Y of Cuyapo, Nueva Ecija, on October 20, 1988. Virginia testified that she is married to the brother ofAvelino.
She and her husband live in Olongapo City but they spend their
a and Avelino begot two children, namely: Avelyn M. vacations at the house ofAvelino's parents in Cuyapo, Nueva Ecija.
rnon January 16, 1978; and Eden M. Dagdag, born on She testified that Erlinda and Avelinoalways quarrelled, and that
)82.108 Their birth certificates were issued by the Office Avelinonever stayed for long at the couple's house. She knew that
1 Civil Registrar of the Municipality of Cuyapo, Nueva Avelino had been gone for a long time now, and that she pitied
in October 20, 1988. Erlinda and the children.!"
a and Avelino lived in a house in District 8, Cuyapo,
a, located at the back of the house of their in-laws.tw A 110 Rollo, p. 29.
the wedding, Avelinostarted leaving his family without 111The records did not specifywhat crime.
1. He would disappear for months, suddenly reappear 112Records,
p. 32.
1130riginally, Article 39 of the Family Code provided: "Art. 39. The action or
onths, then disappear again. During the times when he
defense for the declaration of absolute nullity of a marriage shall not prescribe.
ds family, he indulged in drinking sprees with friends However, in the case of marriage celebrated before the effectivity of this Code and
falling under Article 36, such action or defense shall prescribe in ten years after this
Code shall have taken effect." However, Republic Act No. 8533 was eventually
'pp. 28-38. enacted and approved on February 23, 1998, which amended Article 39 to read as
,;29. follows:"Art. 39. The action or defense for the declaration of absolute nullity of a
; 30-31. marriage shall not prescribe."
114RTC
Records,p. 16.
December 17, 1990, p. 6; Records, p. 47. 115TSN,
December 17, 1990, pp. 22-23.
FUNDAMENTALRESEARCH SKILL: 73
72 LEGAL RESEARCH
CASE BRIEFING AND SYNTHESIS OF CASES

Thereafter, Erlinda rested her case. The trial court issued an to show psychological incapacity. Nor is abandonment. These
Order giving the investigating prosecutor until January 2, 1991, to are common in marriage. There must be showing that these
manifest in writing whether or not he would present controverting traits, stemmed from psychological incapacity existing at the
evidence, and stating that should he fail to file said manifestation, time of celebration of the marriage.
the case would be deemed submitted for decision. In the case at bar, the abandonment is prolonged as the
In compliance with the Order, the investigating prosecutor husband left his wife and children since 1983. The defendant,
conducted an investigation and found that there was no collusion while in jail escaped and whose present whereabouts are un-
between the parties. However, he intended to intervene in the case known. He failed to support his family for the same period of
to avoid fabrication of evidence.!" time, actuations clearly indicative of the failure of the hus-
band to comply with the essential marital obligations of mar-
On December 27, 1990, without waiting for the investigating riage defined and enumerated under Article 68 of the Family
prosecutor's manifestation dated December 5, 1990, the trial court Code. These findings of facts are uncontroverted.
rendered a decision'" declaring the marriage of Erlinda and Avelino
void under Article 36 of the Family Code, disposing thus: Defendant's character traits, by their nature, existed at
the time of marriage and became manifest only after the mar-
''WHEREFORE, and viewed from the foregoing consid- riage. In rerum natura, these traits are manifestations oflack
erations, the Court hereby declares the marriage celebrated of marital responsibility and appear now to be incurable. Noth-
at Cuyapo, Nueva Ecija between Erlinda Matias and Avelino ing can be graver since the family members are now left to
Dagdag on 7 September 1975 to be null and void. fend for themselves. Contrary to the opinion of the Solicitor-
General, these are not common in marriage.
The Local Civil Registrar ofCuyapo, Nueva Ecija is hereby
ordered to enter into his Book of Marriage this declaration Let it be said that the provisions of Article 36 of the New
after this decision shall have become final and executory. Family Code, to assuage the sensibilities of the more numer-
ous church is a substitute for divorce (See Sempio Diy, New
SO ORDERED."
Family Code, p. 36) in order to dissolve marriages that exist
On January 29, 1991, the investigating prosecutor filed a Mo- only in name.
tion to Set Aside Judgment on the ground that the decision was WHEREFORE, and the foregoing considered, the Motion
prematurely rendered since he was given until January 2, 1991 to for Reconsideration aforecited is DENIED for lack of merit.
manifest whether he was presenting controverting evidence.
SO ORDERED."
The Office of the Solicitor General likewise filed a Motion for
Reconsideration of the decision on the ground that the same is not The Solicitor General appealed to the Court of Appeals, rais-
in accordance with the evidence and the law. After requiring Erlinda ing the sole assignment of error that:
to comment, the trial court denied the Motion for Reconsideration
in an Order dated August 21, 1991 as follows+" THE LOWER COURT ERRED IN DECLARING APPEL-
LEE'S MARRIAGE TO AVELINO DAGDAG NULL AND VOID
"This resolves the Motion for Reconsideration of the De- ON THE GROUND OF PSYCHOLOGICAL INCAPACITY OF
.; cision of this Honorable Court dated December 27, 1990 filed THE LATTER, PURSUANT TO ARTICLE 36 OF THE FAM-
by the Solicitor-General. The observation of the movant is to ILY CODE, THE PSYCHOLOGICAL INCAPACITY OF THE
the effect that 'Mere alcoholism and abusiveness are not enough NATURE CONTEMPLATED BY THE LAW NOT HAVING
BEEN PROVEN TO EXIST.119
116RTC Records, p. 33.
117/d. at 38-40.
118ld. 119 Rollo, p. 10.
at 96.
74 LEGAL RESEARCH FUNDAMENTALRESEARCH SKILL: 75
CASE BRIEFING AND SYNTHESIS OF CASES

On April 22, 1993, the Court of Appeals rendered a deoision=" Whether or not psychological incapacity exists in a given case
affirming the decision of the trial court, disposing thus: calling for annulment of a marriage, depends crucially, more than
in any field of the law, on the facts of the case. Each case must be
"Avelino ~agdag is psychologically incapacitated not only judged, not on the basis of a priori assumptions, predilections or
beca~se he failed to perform the duties and obligations of a generalizations but according to its own facts. In regard to psycho-
~arned ~erson but because he is emotionally immature and logical incapacity as a ground for annulment of marriage, it is trite ·
, irr~sp?ns~ble, an alcoholic, and a criminal. Necessarily, the to say that no case is on "all fours" with another case. The trial
plamtiff. is now e1:1dowed with the right to seek the judicial {tid.~e must take pains in examining the factual milieu and the
decl~rat10n of nullity of their marriage under Article 36 of the ~ppellate court must, as much as possible, avoid substituting its
Family ?od~. D~fenda:r:it'sconstant non-fulfillment of any of ~Wn judgment for that of the trial court.123
such obligations is contmously (sic) destroying the integrity or In Republic v. Court of Appeals and Molina, 124 the Court laid
whol~ness of his marriage with the plaintiff. (Pineda, The down the following GUIDELINES in the interpretation and appli-
Family Code of the Philippines Annotated, 1992 Ed., p. 46).n121 cation of Article 36 of the Family Code:
Hence, the present petition for review,122 filed by the Solicitor "(1) The burden of proof to show the nullity of the mar-
General.
riage belongs to the plaintiff. Any doubt should be resolved in
. T~e Solicitor.' General contends that the alleged psychological favor of the existence and continuation of the marriage and
mc~pacity of Avelmo 1?agdag is not of the nature contemplated by against its dissolution and nullity. This is rooted in the fact
Article 36 of the Family Code. According to him, the Court of Ap- that both our Constitution and our laws cherish the validity
peals mad~ an ~rroneo~s ,~nd incon:ect interpretation of the phrase of marriage and unity of the family ...
psychological incapacity and an mcorrect application thereof to (2) The root cause of the psychological incapacity must
the facts of the case. Respondent, in her Comment insists that the be: (a) medically or clinically identified, (b) alleged in the com-
facts constitu:ing psychological incapacity were p;oven by prepon- plaint, (c) sufficiently proven by experts, and (d) clearly ex-
derance of evidence during trial.
plained in the decision. Article 36 of the Family Code requires
At issue is whether or not the trial court and the Court of that the incapacity must be psychological - not physical, al-
Ap~eals correctly declared the marriage as null and void under though its manifestations and/or symptoms may be physical.
Article 36 of the Family Code, on the ground that the husband The evidence must convince the court that the parties, or one
suffers fr~m psych~logical incapacity as he is emotionally imma- of them, was mentally or psychically ill to such an extent that
~ur~ and irresponsible, a habitual alcoholic, and a fugitive from the person could not have known the obligations he was as-
Justice. suming, or knowing them, could not have given valid assump-
tion thereof. Although no example of such incapacity need be
Article 36 of the Family Code provides -
given here so as not to limit the application of the provision
"A marriage contracted by any party who at the time of under the principle of ejusdem generis (Salita vs. Magtolis,
t~e celebration,. was psychologically incapacit~ted to comply 233 SCRA 100, June 13, 1994), nevertheless such root cause
· ~th the e~sential marital obligations of marriage, shall like- must be identified as a psychological illness and its incapaci-
wise ?e void ev.en if such incapacity becomes manifest only tating nature fully explained. Expert evidence may be given
by qualified psychiatrists and clinical psychologists.
after its solemmzation."

120Id. at 28-38. 123Republic v. Court of Appeals, 268 SCRA 198, 214 (1997), Padilla, J., Sepa-

121Id. at 37-38 only. rate Statement.


122ld. 124268
at 6-26. SCRA 198 (1997).
76 LEGAL RESEARCH FUNDAMENTAL RESEARCH SKILL: 77
CASE BRIEFING AND SYNTHESIS OF CASES

(3) The incapacity must be proven to be existing at gards the husband and wife as well as Articles 220, 221 and
"the time of the celebration" of the marriage. The evidence 225 of the same Code126 in regard to parents and their chil-
must show that the illness was existing when the parties dren. Such non-complied marital obligation(s) must also be
. exchanged their "I do's." The manifestation of the illness need
not be perceivable at such time, but the illness itself must
have attached at such moment, or prior thereto.
126Article 220, Family Code. The parents and those exercising parental au-
. ( ~) Such incapacity must also be shown to be medically thority shall have with respect to their unemancipated children or wards the follow-
or climcally permanent or incurable. Such incurability may be Jjng rights and duties:
absolute .or even relative only in regard to the other spouse, not , "' (1) To keep them in their company, to support, educate and instruct them
necessanly absolutely against everyone of the same sex. Fur- . §)f right precept and good example, and to provide for their upbringing in keeping
'with their means;
thermore, such incapacity must be relevant to the assumption '" (2) To give them love and affection, advice and counsel, companionship
of marriage obligations, not necessarily to those not related to • and understanding;
~arriage, like the exercise of a profession or employment in a (3) To provide them with moral and spiritual guidance, inculcate in them
Job. Hence, a pediatrician may be effective in diagnosing ill- ~onesty, integrity, self-discipline, self-reliance, industry and thrift, stimulate their
interest in civil affairs, and inspire in them compliance with the duties of citizen-
nesses of children and prescribing medicine to cure them but
1\liip;
may not be psychologically capacitated to procreate, bear and .,.;, (4) To enhance, protect, preserve and maintain their physical and mental
raise his/her own children as an essential obligation of mar- .. health at all times;
riage. .''. · · (5) To furnish them with good and wholesome educational materials, su-
pervise their activities, recreation and association with others, protect them from
(5) Such illness must be grave enough to bring about bad company, and prevent them from acquiring habits detrimental to their health,
the disability ..of the party to assume the essential obligations · 8H1diesand morals; ·
·f (6) To represent them in all matters affecting their interests;
of marriage. Thus, "mild characteriological peculiarities, mood ! . ' (7) To demand from them respect and obedience;
changes, occasional emotional outbursts" cannot be accepted , -, , (8) To impose discipline on them as may be required under the circum-
as root causes. The illness must be shown as downright inca- , stances; and
pacit?' or. inability, not a refusal, neglect or difficulty, much • 1.): (9) To perform such other duties as are imposed by law upon parents and
., guardians.
l~ss il~ will. In ~ther words, there is a natal or supervening Art. 221. Parents and other persons exercising parental authority shall be
1,,
disabling factor in the person, an adverse integral element in civilly liable for the injuries and damages caused by the acts or omissions of their
the personality structure that effectively incapacitates the per- .unemancipated children living in their company and under their parental authority
son from really accepting and thereby complying with the r1subject to the appropriate defenses provided by law.
obligations essential to marriage. 1r ! s Art. 225. The father and the mother shall, jointly exercise legal guardianship
, . over the property of their unemancipated common child without the necessity of a
(6) The essential marital obligations must be those em- ·~f<!l,lli appointment. In case of disagreement, the father's decision shall prevail,
unless there is a judicial order to the contrary.
braced by Articles 68 up to 71 of the Family Code125 as re-
i ., ·Where the market value of the property or the annual income of the child
' exceeds P50,000.00, the parent concerned shall be required to furnish a bond in
125 1
Article 68, Family Code. The husband and wife are obliged to live together, lluth amount as the court may determine, but not less than ten per centum (10%) of
observe mutual love, respect and fidelity, and render mutual help and support. ·the value of the property or annual income, to guarantee the performance of the
~· 69, Family Code. The husband and wife shall fix the family domicile. In obligations prescribed for general guardians.
case of disagreement, the court shall decide ... A verified petition for approval of the bond shall be filed in the proper court of
A:'t· 70, Family Code. The spouses are jointly responsible for the support of I the place where the child resides, or, if the child resides in a foreign country, in the
th~ family. The expenses for such support and other conjugal obligations shall be . rPfoper court of the place where the property or any part thereof is situated. .
paid from the community property and, in the absence thereof from the income or The petition shall be docketed as a summary special proceeding in which all
fruits of their separate properties. In case of insufficiency or absence of said income ' incidents and issues regarding the performance of the obligations referred to in the
or fruits, such obligations shall be satisfied from their separate properties. second paragraph of this Article shall be heard and resolved.
Art. 71, Family Code. The management of the household shall be the right The ordinary rules on guardianship shall be merely suppletory except when
and duty of both spouses. The expenses for such management shall be paid in the child is under substitute parental authority, or the guardian is a stranger, or a
accordance with the provisions of Article 70. parent has remarried, in which case the ordinary rules on guardianship shall apply.
FUNDAMENTALRESEARCH SKILL: 79
78 LEGAL RESEARCH CASE BRIEFING AND SYNTHESIS OF CASES

inception of the marriage. The burden of proof to show the


stated in the petition, proven by evidence and included in the
nullity of the marriage rests upon petitioner. The Court is
text of the decision.
mindful of the policy of the 1987 Constitution to protect and
(7) Interpretations given by the National Appellate Mat- strengthen the family as the basic autonomous social institu-
rimonial Tribunal of the Catholic Church in the Philippines, tion and marriage as the foundation of the family, (Art. II, .
while not controlling or decisive, should be given great respect Sec. 12; Art. XV, Secs. 1-2). Thus, any doubt should be re-
by our courts ... ,, . solved in favor of the validity of the marriage (citing Republic
(8) The trial court must order the prosecuting attorney
of the Philippines v. Court of Appeals, supra.)."129
l
or fiscal and the Solicitor General to appear as counsel for the l~ WHEREFORE, the present petition is GRANTED~The as-
state. No decision shall be handed down unless the Solicitor . ~ailed Decision of the Court of Appeals dated April 22, 1993, in CA-
General issues a certification, which will be quoted in the 1,G.R. CV No. 34378 is REVERSED and SET ASIDE.
decision, briefly stating therein his reasons for his agreement
or opposition; as the case may be, to the petition. The Solici- No pronouncement as to costs.
tor-General, along with the prosecuting attorney, shall submit SO ORDERED.
to the court such certification within fifteen (15) days from
the date the case is deemed submitted for resolution of the
court. The Solicitor-General shall discharge the equivalent func- CASE BRIEF
tion of the defensor vinculi contemplated under Canon 1095."127
Republic v. Dagdag, GR No. 109975, Feb. 9, 2001
Taking into consideration these guidelines laid down in Re- (2nd Division), J. Quisumbing.
public v. CA and Molina, it is evident that Erlinda failed to comply
with the above-mentioned evidentiary requirements. Erlinda failed
to comply with guideline No. 2 which requires that the root cause Facts: Plaintiff Erlinda Matias married Avelino Dagdag in
of psychological incapacity must be medically or clinically identi- 1975 and they begot children. A week after the wedding, Avelino
fied and sufficiently proven by experts, since no psychiatrist or -weuld disappear for months. During the times he was with the
medical doctor testified as to the alleged psychological incapacity of »family, he indulged in drinking sprees with friends and would re-
her husband. Further, the allegation that the husband is a fugitive o turn home drunk. He would likewise inflict physical injuries on
from justice was not sufficiently proven. In fact, the crime for which <her, In 1983, Avelino left the family again and that was the last
he was arrested was not even alleged. The investigating prosecutor :l they heard from him. Erlinda later learned that Avelino was im-
was likewise not given an opportunity to present controverting k~risoned but escaped from jail.
evidence since the trial court's decision was prematurely rendered. In 1990, Erlinda filed with the RTC of Olongapo City a peti-
In the case of Hernandez v. Court of Appeals,128 we affirmed (tion for nullity of marriage for psychological incapacity. On Decem-
the dismissal of the trial court and Court of Appeals of the petition ober 17, 1990, the date set for presentation of evidence, only Erlinda
for annulment on the ground of dearth of the evidence presented. ,J.and her counsel appeared. Erlinda testified and presented her sis-
We further explained therein that - nter-in-law, Virginia Dagdag, as her only witness. Virginia testified
that she is married to the brother of Avelino. She testified that
"Moreover, expert testimony should have been presented ;1.~rlinda and Avelino always quarrelled, and tha~ Avelino never stayed
to establish the precise cause of private respondent's psycho- · 'for long at the couple's house. Thereafter, Erlinda rested her case.
logical incapacity, if any, in order to show that it existed at the ~ The RTC declared the marriage null and void under Art. 36 of the
;YFamily Code which was affirmed by the CA.
127 ld. at 209-213.
128 320 SCRA 76 (1999). 129ld. at 88.
80 LEGAL RESEARCH FUNDAMENTALRESEARCH SKILL: 81
CASE BRIEFING AND SYNTHESIS OF CASES

Issue: Whether the husband suffers from psychological inca- fied, b) alleged in the complaint, c) sufficiently proven by experts,
pacity as he is emotionally immature and irresponsible, a habitual and d) clearly explained in the decision; 3) incapacity must exist at
alcoholic and a fugitive from justice. the time of marriage; 4) incapacity must be incurable; 5) gravity of
illness disables the party to assume the essential marital obliga-
· Ruling: Taking into consideration these guidelines laid down f~ons; 6) the essential marital obligations are those in Articles 68 to
in the Molina case, it is evident that Erlinda failed to comply with 71, and Arts. 220, 221 and 225 of the Family Code; 7) Interpreta-
t~e req~ire~ evidentiary requirements. Erlinda failed to comply tions of the National Appellate Matrimonial Tribunal of the Catho-
w1t_h gu:delme ~o. 2 which requires that the root cause of psycho- lfo' Church should be given great respect; and 8) Prosecution and
logical incapacity must be medically or clinically identified and Sdli'citor General must appear as counsel for the state.
sufficiently proven by experts, since no psychiatrist or medical doc- ;·'l if
. .-; In the case of Hernandez v. CA, 320 SCRA 76, the Supreme
tor testified as to the alleged psychological incapacity of her hus-
band. Further, the allegation that the husband is a fugitive from v.~mrt ruled that the husband's habitualalcoholism, sexual infidel-
justice was not sufficiently proven. In fact, the crime for which he ity or perversion and abandonment do hot constitute incapacity.
was arrested was not even alleged. The investigating prosecutor ··-1, In Marcos v. Marcos, G.R. No. 136490, Oct. 19, 2000, the
w~s likewise not given an opportunity to present controverting Supreme Court ruled the psychological incapacity may be estab-
evidence since the trial court's decision was prematurely rendered. ·.JJ.,sl,i~d by the totality of the evidence presented. Examination by
Judgment reversed and set aside. p,hysician or psychologist is not a condition sine qua non for the
geclaration of psychological incapacity. Although the husband failed
2. Synthesis of All Relevant Cases ~ provide material support and resorted to physical abuse and
abandonment, the totality of his acts does not lead to psychological
Let us now synthesize the above cases: incapacity.
The Supreme Court has decided six cases on psychological ·ti In Republic v. Dagdag, G.R. No. 109975, Feb. 9, 2001, the Su-
incapacity under Art. 36 of the Family Code. pfeme Court ruled that the complainant wife failed to comply with
In the case of Santos v. CA, 240 SCRA 20, the Supreme Court \b~ evidentiary requirement under the guidelines set in the two
ruled that failure of the wife to return home or to communicate cases of Santos and Molina, as she failed to present a psychiatrist or
with her husband for more than five years does not constitute medical doctor to testify; the allegation that the husband is a fugi-
psychological incapacity. Psychological incapacity must be charac- tive from justice was not sufficiently proven; and the investigating
terized by a) gravity, b) juridical antecedence, and c) incurability. It prosecutor was not given an opportunity to present controverting
refers to no less than a mental (not physical) incapacity that causes evidences.
a party to be truly incognitive of the essential marital obligations. From the above cases, the Supreme Court has laid down both
-·i, ..

In Chi Ming Tsai v. CA, 266 SCRA 324, the Supreme Court , 'substantive and procedural requirements for psychological inca-
ruled that the senseless and protracted refusal of the husband to 'p~City.These substantive requirements are that the incapacity must
have sexual intercourse to procreate children, an essential marital be a mental one (Santos case), existing at the time of the marriage
obligation from the time of the marriage up to their separation ten ·(Molina case), and is incurable (Molina case). It is characterized by
months later is equivalent to psychological incapacity. !gravity of illness which disables the party to assume the essential
marital obligations (Molina case). These obligations are restricted
In Republic v. CA and Molina, 268 SCRA 198, the Supreme to those mentioned in Arts. 68-71, 220, 221 and 225 of the Family
Court ruled that irreconcilable differences and conflicting person- Code (Molina case).
alities do not constitute psychological incapacity. It then laid down
the guidelines in the application of Art. 36 of the Family Code to The senseless and protracted refusal to have sexual inter-
wit: 1) burden of proof belongs to the plaintiff; 2) root cause of course for the procreation of children, an essential marital obliga-
psychological incapacity must be a) medically or clinically identi- tion, is equivalent to psychological incapacity (Tsoi case).
82 LEGAL RESEARCH

The following do not constitute psychological incapacity: the


failure of the wife to return home or to communicate with her .
-. husband for more than five years (Santos case); the irreconcilable
differences and conflicting personalities of the spouses (Molina case); CHAPTER 4
the husband's habitual alcoholism, sexual infidelity or perversion
and abandonment (Hernandez case). STATUTORY LAW
The procedural requirements are that the burden of proof
belongs to the plaintiff; the root case of the psychological incapacity
must be 1) medically or clinically identified, 2) alleged in the com- Statutory Law
plaint, 3) sufficiently proven, 4) clearly explained in the decision;
Our statutory law consists mainly of the following:
the interpretations of the National Appellate Matrimonial Tribunal
of the Catholic Church are entitled to great respect; the prosecu- 1. The 1987 Constitution
tion and the Solicitor General must appear as counsel for the state
2. Treaties and International Agreements
(Molina case).
3. Statutes enacted by the Legislature
Psychological incapacity may be established by the totality of
the evidence presented. Although the husband failed to provide Administrative Rules and Regulations
material support and resorted to physical abuse and abandonment,
5. Ordinances enacted by the Autonomous Regions
the totality of his acts do not lead to psychological incapacity (Marcos
case). 6. Ordinances enacted by Local Government Units
As the complainant's wife failed to comply with the eviden-
tiary requirements, as she failed to present a psychiatrist or medi- B. The Philippine Constitution
cal doctor and that the investigating prosecutor was not given an
. n. In our legal order the Constitution is "law" and law of the
opportunity to present controverting evidence, the petition is dis-
.. ;highest authoritativeness and obligation. As "supreme law of the
missed (Dagdag case).
r and " it is the ultimate authority to which reference must be made
However in another case (Marcos), the Supreme Court said et<fld~termine the validity of national laws, administrative regula-
that examination by a physician or psychologist is not a conditio ·ttions, local ordinances and executive actions.
sine qua non for the declaration of psychological incapacity. h~Y ·
With the above synthesis of cases, we have analyzed the indi- .au, 1 1. SPANISHPERIOD
vidual cases and then generalized them by identifying two require- -l•) '
-.» 1. Ferdinand Magellan planted the sword and the cross on Phil-
ments for psychological incapacity, namely: the substantive and the
.. -ippine soil in 1521 and for nearly four centuries, the Philippines
procedural requirements.
became the dominion of Spain.
I .
By relating the cases to each other and putting them under
. :..:. , The year 1808 marked the start of Spanish const_itutional his-
onerubric, we can now understand the applicable area of law and
' · it;i:iey. However, except for short periods, the colony did not secure
then use the synthesis to analyze the problem facing us.
flthe benefits of the Constitution-ef the Spanish monarchy. Unlike
Cuba and Puerto Rico, to which certain constitutional rights were
eventually granted, there was an article in the fundamental law
providing that the Philippines should be governed by special laws.
111•1
83
STATUTORY LAW 85
84 LEGAL RESEARCH

Consequently all laws for the Philippines originated in Spain, and, · lands because of their direct bearing on the Philippines, can be
in accordance with the provisions of the Laws of the Indies and the
1~
sid~red as a
part of the supreme law of the Philippines. The
Constitutions, was extended by royal decrees. . ~~~s have deemed the provisions of the Treaty of Paris control-
During the three short periods in which the Spanish .ling in a number of cases.
(monarchial) Constitution was effective in the Philippines, namely, 'l1 .· The official text of the treaty may be found in the Official
for the years 1810-1813, 1820-1823, and 1834-1837, the Philippines rG~~ette, Vol. 1 (Appendix) and in the U.S. Statutes at Large,
. had representation in the Spanish Cortes. ~Vol. 30.
This constitution as well as of other Spanish constitutions ,,:q It is also published in the official repository, Public Laws
and laws of the period may be found in Leyes Constitucionales ,'i~hilippine Commission and Phi~ip_PineLegislativ.e~an~ in Acts of
de Espana and in the three-volume work Derecho Parliamen- Congress and Treaties Pertammg to the Phihppine Islands
tario Espanol. Philippine representation at the Cortes has been • (GPO, 1920).131
•, J·,
recorded in Ponce, Efemerides Filipinas and in the prologue to
Filipinas en las Cortes.P?
3. THE MALOLOS CONSTITUTION OF 1899
Constitutionalism was but a vague concept to the Filipinos for · .J ~~'r . "The Malolos Constitution took its name from the capital town
over three hundred years during which the Philippines was under 1 '61~the Filipino revolutionary government located in the province of
the sovereignty of Spain. The notion of a constitution as an instru- 8i3Wacan. The background of this constitution is found in the centu-
ment that limits governmental authority and establishes a rule of ties of Spanish rule over the Philippines, insurrections, first against
law for all the governor and the subject, the public official and the .· tht:! authority of Spain and "her bad government," and later- against
private individual, was not comprehended in theory and in prac- ~th~·assumption of sovereignty by the United States, and the gradu-
tice. i.ally increasing sense of nationality which, nourish~d in t~e blood of
1J.H~rtyrdom, grew into a common and ardent desire for mdepend-
2. THE TREATY OF PARIS 10': r
, . tii!i~e.
The legal milestone that marked the commencement of consti- . tf.;t'·1 Congress approved the Constitution on Nov.ember 29, 1898
tutionalism in the country was the Treaty of Paris of 1898 which · :ia;hd was immediately transmitted to General Agumaldo for prom-
terminated the war between the United States and Spain. This l.ill~ation. On January 21, 1899, following formal passage by Con-
was the main gate opening to the broadening highway of constitu- , ~l!e'~s the day previous, President A~inaldo pr~mulgated ~he
tionalism indicated by the different organic laws which followed l~l;).lolosConstitution, and ordered that it should be kept, complied
later and which progressively enlarged Philippine self-government. l'W:f th, and executed in all its parts because it is the sovereign will of
This was the legal starting point of Philippine constitutional devel- , ]~~P.!f Filipino people."
opment which reached full maturity with the adoption of the Con- · Hi.' , The Malolos Constitution was not a new creation. Prior con-
stitution of the Philippines and the declaration of Philippine Inde- stitutional projects in the Philippines had a molding influence. The
pendence on July 4, 1946. d:artilla and the Sanggunian-Hukuman - the charter and code of
The Treaty of Paris, with its supplemental protocol of agree- laws and morals of the Katipunan, drawn up by Emilio Jacinto
ment extending the period for the declaration of Spanish national- . (d.896)· the provisional Constitution ofBiak-na-Bato (1897), modeled
ity, and the additional treaty for the cessation of certain small ·' lkfter ~ revolutionary Constitution of Cuba, prepared by Isabelo
t futacho and Felix Ferrer; the constitution for the island of Luzon
'promulgated on April 17, 1898 by Gen. Francisco Macabulos; the
t.,,
130Moreno, Philippine Legal Bibliography, Quezon City, Filipino Publishing
Co., Inc., 1973, p. 18. 131/d.' p. 19.
86 LEGAL RESEARCH STATUTORY LAW 87

provisional Constitution of Mariano Ponce prepared in Hongkong The legislature under the Malolos Constitution was unicam-
in April 1898 upon orders of General Aguinaldo, followingSpanish al It was called the assembly of representatives. The members
Constitutions; the Constitutional Program of the Philippine Repub- :er~ to be elected for a term of four years. Secretaries of the gov-
lic drafted by Apolinario Mabini which was submitted to the revo- ernment were to be given seats in the Assembly.
lutionary government in Cavite on June 6, 1898;and the autonomy
_. · ,;. · The executive power was vested ~n the Pre~ident of the Re-
projects of Paterno (1898) - all were to evolve into the Malolos
Constitution.132 ·:fiblic who should exercise it through his Secretanes. He :-rasto be
\Ife[ted by an absolute majority of the assembly a?d special repre-
The preamble of the Malolos Constitution reads: "We,the rep- ~·,i:J •11 - tives assembled in constituent assembly. His term was four
resentatives of the Filipino people, lawfully convened, in order to senra
' and. he could be re-elected· No vice presiident is
· proviided etor,
, years,
establish justice, provide for commondefense, promote the general
welfare, and insure the benefits of liberty, imploring the aid of the -f~':, The judicial power was vested in one Supreme Court of J~s-
Sovereign Legislator of the Universe for the attainment of these '. i}c~ 'and in the other courts to be created by law. The membership,
ends, have voted, decreed, and sanctioned the following political ., Qf~anization, and other attributes ?f the courts were to be gov-
Constitution." . ed by the special laws. The President of the Supreme Court of
r. j:tice and the Solicitor-General~ere to be ~ppointed by the N~-
The Charter then organized a Filipino state called the Philip- tj'{;:q,~\Assemblyin concurrence with the President of the Repubhc
pine Republic, sovereignty residing exclusivelyin the people. The
· . ;.pd the Secretaries of the government.
national and individual rights of Filipinos and aliens are next speci-
fied. These provisions are, in the main, literal copies of articles of . 1, The officialrepositories of these constitutional documents are
the Spanish Constitution. The Bill of Rights includes religious lib- · · :b.'~·.organs of the various revoiutionary governments, such as the
erty; freedom from arbitrary arrest and imprisonment, a provision ~fi;;J.aidode la Revolucion and the state papers prepared by
like that of Spain; recognition of what amounts to the writ of ha- _ Ap.~liilario Mabini in his work, La Revolucion Filipina, pub-
beas corpus; sanctity of domicile; prohibition of unreasonable liefuedby the Bureau of Printing in two volumes. The documents
searches and seizures; right to choose one's domicile;inviolability . artnilso noted in the Reports of the Philippine Commission to
of correspondence;prohibition of criminal prosecutions unless in a the President (GovernmentPrinting Office,4 vols.). Other sources
competent court and according to law; protection of private prop- · tttld historical aids are: Calderon, Mis Memorias Sohre La
erty, reserving to the government the right of eminent domain; • . Bevolucion; Kalaw, La Constitucion de Malolos; Retana,
inhibition against the payment of any tax not legally prescribed; < A}-chivodel Bibliofilo Filipino; Calderon, D~c~entos para
freedom of speech and press; right to form associations; right to la Historia de Filipinas; Kalaw,Planes Constitutionales para
petition; permission to establish educational institutions; compul- ' JiJ.Upinas; Aguinaldo, Resena Veridica de la Revol~cion;
sory and free popular education; right of expatriation; prohibition MilJcolm, Philippine Constitutional Law; and Blair and
of trial under speciallaws or by specialtribunals; prohibitionagainst
· .iwbertson, The Philippine Islands.134
laws of primogeniture and the entailing of property; prohibition of
acceptance of titles of honor or nobility from foreign nations with-
out authorization of the government, and of the granting of such 4. THEAMERICAN
PERIOD
honors by the Republic. The Constitution also provides (Article 28) Admiral Dewey'svictory over the Spanish armada in Manila
that "enumeration of the rights granted in this title does not imply
· Bay,followedby the capture of Manila by the American forces and
the prohibition of any others not expressly stated."133
the formal ratification of the treaty of peace with Spain transfer-
ring Spanish sovereigntyover the Philippines to the United States,
132 Rodriguez, Constitutionalism in the Philippines, Manila, Rex Book Store,
1997, p. 12.
134Moreno, op. cit., p. 19.
133/d., p. 13.
88 LEGAL RESEARCH STATUTORY LAW 89

marked the inception of American constitutional history in the Phil- · n included among others, the organization and establishment of
SlO ' f . . 1 d
ippines. courts and the organization and establishment o mumcipa an
departmental governments.
· a. Organic Laws
~r The legislative power was vested in a unicameral body called
Under the American system of law and government, the con- the Philippine Commission. Its legislative authority includes. "~he
stitution of a territory under the direct control of the federal gov- jmaking of rules and orders having the effect of law for the rais1~g
ernment is known as an organic law. Usually, it is an enactment of ::.bf revenue by taxes, customs duties, and imposts; the approp:ia-
Congress. Chief Justice Waite of the United States Supreme Court -bion and expenditure of public funds of the Islan~s; th~ ~stabh_sh-
said: !'ment of an educational system to secure a_n efficient c1_vil ~ervice,
"The organic law of a Territory takes the place of a constitu- •;the organization and establishment of courts; the organization and
tion as the fundamental law of the local government. It is obliga- -~stablishment of municipal and departmental governments, ~nd all
tory and binds the territorial authorities; but Congress is supreme, ~ther matters of a civil nature which the military governor is now
and for the purposes of this department, its governmental author- .competent to provide by rules or orders of a legislative character."
.r"\1-.

ity has all the powers of the people of the United States, except '-· These instructions are contained in the Official Gazette, Vol.
such as has been expressly or by implication reserved in the prohi- 1 (Preliminary Number), in the Public Laws (Philippine Commis-
bitions of the Constitution." (National Bank v. Country of Yankton, sion), Vol. 1 and in the Reports of the Philippine Commission
101 U.S. 129, 132; U.S. v. Bull, 15 Phil. 7). to the President, Vol. 1.
The principal organic laws of the Philippines previous to the .n. · Likewise, this organic act and the others are published in
adoption of the 1935 Constitution were: The Treaty of Paris of l~ioro Encyclopedia of the Philippines, 1957, Vol. Xland in
1898; The President's Instructions to the Second Philippine Com- ';\fi6bl;dor, Important Documents Illustrative of Philippine His-
mission of April 7, 1900; the Spooner Amendment adopted on March ·:t()r-y.136
2, 1901; the Act of Congress of July 1, 1902, otherwise called the ,) --µ!:'
Philippine Bill; and the Act of Congress of August 29, 1916, other-
wise designated as the Philippine Autonomy Act or the Jones Law. (2) The Spooner Amendment of March 2, 1901
Some of the acts of Congress embodied provisions of statutes of the bin The first action of the U.S. Congress asserting its right to
Philippine legislature expressly or by mere reference. By this form ligbvern the Philippines was expressed in the Spooner ~e~dme~t,
of congressional reenactment, the said provisions became part of ~hich was in the form of a rider to the Army Appropriations Bill
the Philippine organic laws. 135 '. 1tpassed by Congress on March 2, 1901. This amendment provided:
All these organic acts are found in the official repository Public
"All military, civil, and judicial powers necessary to gov-
Laws (Philippine Commission and Philippine Legislative),
ern the Philippine Islands acquired from Spain by the treaties
and in Acts of Congress and Treaties Pertaining to the
concluded at Paris on Dec. 10, 1898 and at Washington on
Philippine Islands (GPO, 1920).
Nov. 7 1900 shall, until otherwise provided by Congress, be
,(11
vested in such manner as the President of the United States
(1) Pres. McKinley's Instructions of April 7, 1900 direct for the establishment of civil government, and for main-
taining and protecting the inhabitants of said Islands in free
For the guidance of the Taft commission, the President of the
enjoyment of their liberty, property, and religion."
United States had issued his Instructions of April 7, 1900. The (j

legislative power conferred by these instructions upon the commis- li··

-,;;..1

135 Rodriguez, op. cit., p. 18. 136 Moreno, op. cit., p. 20.
90 LEGAL RESEARCH
STATUTORY LAW 91

This measure put an end to the military government over the


greater portion of the Archipelago. It gave the President authority devoted to the regulation and control ~f public lands, mi~i~g, .for-
to establish a truly civil government. He was to do so no longer in ests, commerce, franchises, and municipal bonds. The Philippines
h~d been completely under the control of Congress since the pas-
his capacity as military commander but in his civil capacity as .,, • 137
President of the United States. sage of this Act.
"'
President McKinley did not change the form of government
.5:' The Philippine Bill likewise extended to the islands the guar-
established by him under his war powers; but in June 1901, exer- ~~~es of the Bill of Rights of the U.S. Constitution.
1,YJt,
cising the civil authority conferred upon him by the Spooner Amend- · ~,;·" . Until 1907, legislative power was vested in the Philippine
ment, he created the office of Civil Governor to take effect on July 4 Commission, the members of which continued to be appointed by
of the same year, and the executive power exercised previously by the President of the United States. From 1907, it was vested in a
the military governor, was transferred to that official. The Philip- bicameral legislature consisting of the Commission and the Philip-
pine Commission remained vested with legislative power. iji?,eAssembly. The Assembly was composed of 81 members elected
This organic law may be found in the U.S. Statutes at Large,
~y the Filipino people for a term of two years.
Vol. 31. The text of the Philippine Bill of 1902 is published in U.S.
Statutes at Large, Vol. 32 and in U.S. Code, Titles 2 and 48.
(3) The Philippine Bill of 1902
(4) The Philippine Autonomy Act of 1916
The Act of Congress of July 1, 1902, or the Philippine Bill, ,.
was an act temporarily to provide for the administration of civil ·;i •. ' The Philippine Autonomy Act or Jones Law passed by Con-
government in the Philippine Islands. It did not establish a new ;.' ·1*~ss·on August 29, 1916, superseded the Spooner Amendment of
form of government for the Islands but simply accepted the exist- i'©Ol and the Philippine Bill of 1902 as the chief organic act of the
ing government as organized by the President through his execu- -l?lii1ippines. It remained as such until November 15, 1935, when
tive orders and the Instructions of April 7, 1900. The Philippine :o~e· -Commonwealth of the Philippines was inaugurated. This act
Bill, however, provided for the calling for a popular assembly, to be Hrore nearly resembled a constitution in form and content than any
designated as the Philippine Assembly, after complete peace should \Bf-the former organic laws of the Philippines. It contained a pream-
have been established in the Islands and two years should have '· 'ble; a bill of rights; provisions defining the organization and powers
elapsed from the completion and publication of a census, in case ' .. ·pf the several departments of the government, and their limita-
such condition of general peace with recognition of the authority of . lllons; provisions defining the electorate; and miscellaneous provi-
the United States should continue in the Christian provinces. ipgns on finance, franchises, and salaries of important officials.138

After the Philippine Commission certified on September 18, The Jones Law granted general legislative power except as
1902 to the U.S. President that the insurrection in the Philippines Qij}erwise provided therein to the Philippine Legislature. The legis-
had ceased and the census was completed on March 28, 1905, the lature was bicameral. The Senate was composed of 24 members
elections for seats in the Philippine Assembly were held on July 30, ·· -. representing 12 senatorial districts.
1907. With the exception of two who were appointed by the Gover-
nor-General to represent the non-Christian tribes, they were all
The Philippine Assembly was convened on October 16 1907
. elected by the people for a term of six years. With the exception of
which together with the Philippine Commission, formed the Philip:
, nine who were appointed by the Governor-General to represent the
pine Legislature invested with the authority to legislate for all
parts of the Philippines outside of the non-Christian provinces. L
Over those inhabited by them, the Commission was the sole legis-
lative body. A large portion of the Philippine Bill, however, was 137Rodriguez, op. cit., p. 21.
138Id., p. 23.
92 LEGAL RESEARCH STATUTORY LAW 93

non-Christian tribes, the other 81 members of the House of Repre- said Law provided "for the election of delegates to a constitutional
sentatives were elected by the people for a term of three years. .•convention which shall meet in the hall of the House of Repre-
!sentatives in the capital of the Philippine Islands, at such time as
· The Philippine .Legislature was inaugurated on October 16, tthe Philippine Legislature may fix, but not later than October 1,
1916 'with Manuel L. Quezon as Senate President and Sergio ;tl934, to formulate and draft a constitution for the government of
Osmena as Speaker of the House. '·Ethe Commonwealth of the Philippine Islands, subject only to the
The supreme executive power was vested in the Governor- conditions and qualifications prescribed" in the said Independence
General. He was appointed by the President by and with the advice I.1.w. The Philippine Legislature was required to appropriate the
and consent of the Senate of the United States. He held his office · qrij~~ssary funds to cover the expenses of the Convention.r"
, .e-rr ·
at the pleasure of the President and until his successor was chosen -th r· The Philippine Legislature enacted on May 5, 1934 a law
and qualified. ~l~g for a constitutional convention of 202 elected delegates. On
The text of this Act is published in the U.S. Statutes at 'iJaj.y 10, 1934, the election of delegates took place and the co:iven-
Large, Vol. 39 and U.S. Code, Titles 2, 39 and 48. ·~ioµ opened on July 30, 1934. More than six months of delibera-
..#.9,µ,s elapsed before the final draft of the Constitu~io~ was ap-
_proved by the convention on February 8, 1935. The signmg of the
b. THE COMMONWEALTHPERIOD fffilportant instrumer:t by the delegates was. completed on F~bruary
(1) The Tydings-McDuffie Law of 1934 _J.~, 1935. The Constitut10n was then submitted to the Presid~nt of
. . .t}H'l United States on March 18, 1935 for approval. President
The Philippine Independence Act, otherwise known as the ~1;r,~in D. Roosevelt confirmed it five ~ays later on Ma.rch_.~3rd.
Tydings-McDuffie Law, was signed by U.S. President Franklin D. :Pi,e -last step required was the subrnission of the Constitution to
Roosevelt on March 24, 1934, and unanimously approved on May -'the Filipino people for ratification, and the fundamental law of the
1, 1934, by the Philippine Legislature on behalf of the Filipino land was ratified by overwhelming vote at a plebiscite held on May
people. It provided for the relinquishment of American sovereignty . -11~~1935.141
over the Philippines upon the expiration of a transition period of
-hn: By the ne': Constitution of the Philippines ra~ified by the
ten years during which the Archipelago was to be under the regime
_J?rli,pino people m May 14, 1935, the .Phihppme Legisla~ure was
of an all-Filipino Commonwealth government established in ac-
~bolished and superseded by the National Assembly. This was a
cordance with a constitution which the Filipinos were authorized to 1Af#cameral
body. It was the legislative a~thority of the Philippine
frame through a convention of delegates.139
jjfgv~rnment from November 15, 1935, until the last days of 1941.
This Act may be found in U.S. Statutes at Large, Vol. 48
The 1935 Constitution provides for the establishment of a
and in U.S. Code, Title 48.
~9,v~rnment that, in the language of the preamble, shall embod~
The legislative history of this Act is discussed in the Philip- "tlle "ideals of the Filipino people, conserve and develop the patri-
pine Charter of Liberty by Osias and Baradi. f.p;ony of the nation, promote the general welfare, and secure to
eH\em and their posterity the blessings of independence under a
. regime of justice, liberty, and democracy. The constitution also pro-
(2) The 1935 Philippine Constitution '. _!wides for a republican form of government, follows the principle of
The Philippine Independence Law authorized the calling of a -dhe separation of powers, and contains a bill of rights. It guaran-
Constitutional Convention "to provide for the adoption of a consti- -rtees freedom of speech, freedom of the press, and freedom of reli-
tution and a form of government" for the Philippines. Section 1 of

/d., p. 29.
140

139/d., p. 27. 141 /d., p. 30.


94 LEGAL RESEARCH STATUTORY LAW 95

gion. In most of its features, it is modeled after the Constitution of ate and a House of Representatives. Secondly, the term of officeof
the United States which was characterized by William Pitt, that the President and Vice-President was decreased from six to four
eminent English statesman, as "the wonder and admiration of all years with reelection for the President provided the total number
future.generations and the model for all future constitutions," and of years he served in office did not exceed eight consecutive years.
by Gladstone, another English statesman of renown, as "the most Thirdly, an independent Commissionon Elections was created.
wonderful work ever struck off at a given time by the brain and These amendments were introduced under Resolution No. 38,
purpose of men." approved on September 15, 1939, as amended by Resolution No.
The 1935 Constitution of the Philippines includes more than 73. They were adopted on April 11, 1940 by the Second National
the substantive contents above enumerated. Opening with a pre- Assembly. On June 18, 1940 these amendments were ratified by
amble, it is made up of seventeen articles and ends with an ordi- the people and the U.S. President approved them on December 2,
nance appended thereto. In chronologicalorder, the various articles 1940.
are: Article I. The National Territory; Article II. Declaration of In 1947, the Constitution was again amended. The amend-
Principles; Article III. Bill of Rights; Article Iv. Citizenship; Article ment allowedcitizens of the United States and business enterpises
V. Suffrage;Article VI. Legislative Department; Article VII. Execu- owned or controlledby such citizens equal rights in the disposition,
tive Department; Article VIII. Judicial Department; Article IX. Im- exploitation, development and utilization of natural resources and
peachment; Article X. General Auditing Office; Article XI. Civil the operation of public utilities in the country. This so called the
Service; Article XII. Conservation and Utilization of Natural Re- "Parity Rights" amendment was introduced by a Joint Resolution
sources;Article XIII. General Provisions;Article XIV. Amendments; adopted by the First Congress on September 18, 1946 and ap-
Article XV. Transitory Provisions; Article XVI. Special Provisions proved by the people on March 11, 1947.
EffectiveUpon the Proclamation of the Independence of the Philip- The officialtext of the Philippine Constitution of 1935 may be
pines; and Article XVII. The Commonwealthand the Republic.142 found in Public Laws of the Philippines, Vol. 30 (Appendix), and
The outstanding features of the 1935 Constitution of the Phil- in the Official Gazette, Vol. 34. It also appears in the revised
ippines, namely, a republican government, with a bill of rights, an edition of Vol. 1 (1936), Messages of the President, which con-
assertive National Assembly, a strong Executive and an independ- tains, in addition, the Tydings-McDuffieLaw and the Proclamation
ent Judiciary, and the inclusion of precepts embodying certain lib- of the President of the United States establishing the Common-
eral principles and socialistictendencies, form the groundworkupon wealth of the Philippines.
which the Filipino nation, during the ten years transition period, A set of the original typwritten copies of the records of the
will undertake to build the structure of a free and independent proceedings of the convention was donated by delegate Salvador
Philippines. Araneta. Another collectionis the Proceedings of the Constitu-
tional Convention of 1935 by Senator Jose P. Laurel, in 7 volumes.
There have been three amendments to the 1935 Constitution.
East Publishing Co. (Manila), had published the Journal of the
By virtue of the Tydings-KoscialkowskiAct of August 7, 1939, the
1935 Constitutional Convention (3 volumes).
appended ordinance was amended at a plebiscite on Oct. 24, 1939
and approved by President Roosevelton November 10, 1939. Other materials on the proceedings of the convention are the
Journal of the Constitutional Convention of the Philippines,
In 1940, the Constitution was amended. Firstly, the National edited by V.J. Francisco, 1961-65, 7 volumes; Framing of the Phil-
Assembly was abolished and in its place a Congress of the Philip- ippine Constitution, 2 volumes by Jose Aruego, and Constitu-
pines was created to begin operating after the elections in Novem- tional Convention Records, 1966, 11 volumes (House of Rep.
ber, 1941. This body is a bicameral legislature, consisting of a Sen- Ed.).143

142/d.' p. 31. 143 Moreno, op. cit., p. 21.


96 LEGAL RESEARCH STATUTORY LAW 97

The secondary sources on the 1935 Constitution are: Under the Constitution, broad and centralized powers are
vested in the President, including full authority to exercise the
1. George A. Malcolm and Jose P. Laurel, Philippine Con-
coercive powers of the state for its preservation.
stitutional Law, Lawyers Cooperative Publishing Co.,
Manila, 1936; The 1943 Constitution provides for a unicameral legislature
known as the National Assembly headed by the Speaker, to be
2. Lorenzo A. Tafiada and Enrique M. Fernando, Constitu-
composed of the provincial governors and city mayors as members
tion of the Philippines, 1952; ex-officio and of the delegates to be elected every three years, one
'. l
Ruperto G. Martin, Philippine Constitutional Law,
I
3. from each and every province and chartered city.
Rev. Ed., Philaw Publishing, Manila, 1954;
, i The official text was promulgated in Tagalog and in English
4. Vicente J. Francisco, Constitutional History, East Pub- and may be found in the Official Gazette, Vol. 2 (Special Number
lication, Manila, 1956. 9-A). By Proclamation of Gen. MacArthur, on October 23, 1944, the
Japanese-sponsored Constitution was declared null and void and
5. Lorenzo A. Tafiada and Francisco A. Carreon, Political
without legal effect in areas of the Philippines free of enemy occu-
Law of the Philippines, 1956;
pation and control.
6. Vicente G. Sinco, Philippine Constitutional Law, Com-
munity Publishing, Manila, 2nd Ed., 1960.
6. PERIOD AFTERPHILIPPINEINDEPENDENCEIN
Exhaustive annotations to the Constitution are contained in 1946
the Philippine Annotated Laws (The Lawyers Cooperative Pub-
a. Martial Law Declaration
lishing Co., 1956), particularly in Vols. 1 and 2. The annotations
consist mainly of decisions of the Supreme Court, interpreting and While the 1971 Constitutional Convention was in session on
applying the constitutional provisions. September 21, 1972, the President issued Proclamation No. 1081
placing the entire Philippines under Martial Law. On November
29, 1972, the Convention approved its proposed Constitution of the
5. THE JAPANESEPERIOD (1943 CONSTITUTION) Republic of the Philippines. The next day, November 30, 1972, the
On January 2, 1942, the Imperial Japanese Forces occupied President of the Philippines issued Presidential Decree No. 73,
the City of Manila, and on the next day their commander-in-chief submitting to the Filipino people for ratification or rejection the
proclaimed "the Military Administration under martial law over Constitution of the Republic of the Philippines proposed by the
the districts occupied by the Army." 1971 Constitutional Convention, and appropriating funds therefor,
as well as setting the plebiscite for said ratification or rejection of
The 1943 Constitution of the Republic of the Philippines dur-
the proposed Constitution on January 15, 1973.144
ing the Japanese occupation was drafted by the Preparatory Com-
mission for Philippine Independence headed by Jose P. Laurel. The Supreme Court dismissed the petitions questioning its
ratification, thus: "This being the vote of the majority, there is no
In view of the prevailing national emergency, certain features further judicial obstacle to the new Constitution being considered
which in normal times would have been readily adopted were not in force and effect." (Javellana v. Executive Secretary, 50 SCRA
embodied in the Constitution, such as: (1) the article on universal 30).145
suffrage or the holding of popular elections; (2) certain provisions
on bill of rights which were found in the Commonwealth Constitu-
tion, such as (a) the prohibition against a bill of attainder, and (b)
the provisions regarding criminal procedure; (3) certain provisions
of the article on citizenship; and (4) those creating the Commission 144Rodriguez, Introduction To Law, Manila, Rex Book Store, 2001, p. 170.
, . /d., p. 17 4.
on Appointments and the Commission on Elections. \
145

'.i;
STATUTORY LAW 99
98 LEGAL RESEARCH

b. The 1973 Constitution The secondary sources on the 1973 Constitution are:

The 1973 Philippine Constitution provides for a parliamen- 1. Enrique M. Fernando, Constitution of the Philippines,
tary system of government to replace the presidential system of Central Book Supply, 1973 Ed.;
government under the 1935 Constitution. Under the new Constitu- 2. Neptali Gonzales, Philippine Constitutional Law,4th
tion, there shall be a President, to serve as the head of the State; a
edition, Rex Book Store, Manila, 1975.
National Assembly of legislators elected by the people; and a Prime
Minister elected by the National Assembly from among its mem- In lieu of the Interim National Assembly, the President exer-
bers, who shall be the head of the government, assisted by a cabi- cised lawmaking powers with the aid of the Batasang Bayan. The
net appointed by the Prime Minister, a majority of the members of :Batasang Bayan was convened by President Marcos on September
which shall be members of the National Assembly at the same 21, 1976. It was a quasi-legislative machinery set up in compliance
time.146 with the mandate expressed in the referendum of July 1973. It
served as a forum for discussing policies and programs of the crisis
The 1973 Constitution of the Philippines has a preamble and government. It also functioned as a mechanism for evaluating poli-
seventeen titled articles, namely: The Preamble; Art. I - The Na- cies and programs of local government units, like the barangay and
tional Territory; Art. II - Declaration of Principles and State Poli-
the sangguniang bayan.
cies; Art. III - Citizenship; Art. IV - Bill of Rights; Art. V -
Duties and Obligations of Citizens; Art. VI - Suffrage; Art. VII - The Batasang Bayan was composed of members of the cabinet
The President; Art. VIII - The National Assembly; Art. IX - The and officers with cabinet rank; members of the Executive Commit-
Prime Minister and The Cabinet; Art. X - The Judiciary; Art. XI tee of the Katipunan ng mga Sanggunian; one representative each
- Local Government; Art. XII - The-Constitution Commissions; from the-13 regions of the country and the President as presiding
Art. XIII -Accountability of Public Officers; Art. XIV - The Na- officer. It was given certain powers to approximate a working par-
tional Economy and The Patrimony of The Nation; Art. XV - Gen- liament on the belief that the Batasang Bayan would be the appro-
eral Provisions; Art. XVI - Amendments; Art. XVII - Transitory priate legislative transition to the interim Batasang Pambansa.
Provisions.
The official text of the 1973 Constitution was promulgated in c. The Amendments to the 1973 Constitution
English and Filipino, and translated into several local dialects, and On October 16-17, 1976, in a referendum-plebiscite, seven (7)
into Spanish and Arabic. In case of conflict, the English text shall amendments to the 1973 Constitution as proposed under Presiden-
prevail. Both English and Filipino texts appear in Vol. 68, No. 50, tial Decree No. 1033 were ratified by the people. Among the amend-
and in Vol. 69, No. 4 issues of the Official Gazette. ments, were the granting of concurrent lawmaking powers to the
The Constitutional Convention Archives in the U.P. Law President which the latter exercised even after the lifting of mar-
Library thru its indexes will be helpful to the legal researcher on tial law in 1981; the creation of an Interim Batasang Pambansa;
the 1973 Constitution. and making the incumbent President the regular President and
regular Prime Minister.147
Vicente V. Mendoza's From McKinley's Instructions to the
Constitution: Documents on the Philippine Constitutional The amendments would create a 120-member Batasang
System, Central Book Supply, Inc., Manila, 1978 contains not only Pambansa, a People's Assembly, consisting of elected regional mem-
the text of the 1973 Constitution but also the other prior organic bers on a proportional basis, together with members of the present
acts and constitutions of the Philippines. Cabinet: this Batasang Pambansa would have the same power as
the Interim National Assembly that had been proposed to replace

146 Soriano, Handbook on Legal Bibliography, Manila, Premium Book Store,


1984, p. 16. 1•1Ro_driguez, op. cit., p. 46.
100 LEGAL RESEARCH STATUTORY LAW 101

the Congress of the 1935 Constitution. The power to ratify treaties 16, 1981. Because of the boycott by the opposition, Marcos was
by a simple majority was withdrawn from both the new and the old faced with no credible opponent. The Nacionalista Party put up
interim legislatures. Gen. Alejo Santos as the opponent of Marcos. Marcos easily beat
In the December 17, 1977 Referendum, the Question was: Santos and won a six-year term as President.

"Do you vote that President Ferdinand E. Marcos continue in On January 17, 1982, after almost 10 years of martial rule,
offi:e as incumbe~t President and Prime Minister after the organi- President Marcos proclaimed the termination of Martial Law and
zation of the Intenm Batasang Pambansa, as provided for in Amend- the restoration of normal republican government. On January 30th,
ment No. 3 of the 1976 amendments to the Constitution?" The the Fourth Philippine Republic was inaugurated amidst elaborate
results nationwide were: 20,062, 782 voted yes while 2 104 209 voted preparations at the Quirino Grandstand in Luneta.
No. ' ' '
Pursuant to Batas Pambansa Blg. 222, elections were called
On February 7, 1978, President Marcos signed Presidential on May 17, 1982 to elect the barangay officials consisting of the
Decree 1296 or the Revised Election Code of 1978, which provided Punong Barangay (Barangay Captain) and the six Kagawads
for the holding of elections for members of the Interim Batasang (Barangay Councilmen).
Pambansa (IBP). Representation to the IBP was by region. ~
l· 1 In 1983, an event occurred that would change the course of
On December 22, 1979, the Batasang Pambansa enacted Batas 1 history of the country, plunging it into deep economic quagmire

Pambansa Blg. 51, "An Act Providing for the Elective or Appointive and irreversible political instability. On August 21, 1983, Filipino
Positions in Various Local Governments and For Other Purposes" opposition leader Benigno "Ninoy'' Aquino was shot to death at the
laying the groundworks for the January 30, 1980 local elections. Manila International Airport and his alleged assassin immediately
'killed by soldiers as he returned from three years' exile in the
In the pl~biscite held simultaneously with the January 30, United States.
1980 local elections, the amendment making 70 years as the retire-
ment age for members of the judiciary under Batas Pambansa Blg. In the fourth plebiscite held on January 27, 1984, the amend-
54, was approved by the people. ments ratified by the people were the following:

Responding to the popular clamor for President Marcos to 1) apportioning the members of the Batasang Pambansa
submit to elections having been in power for more than 15 years -among the provinces, cities, and Metropolitan Manila or its dis-
already (1965-1981), he proposed certain amendments to the 1973 ' tricts;
Constitl.1:tionfor the establishment of a modified parliamentary sys-
2) providing for an ordinance to be appended to the Consti-
tem paving the way for presidential elections.
tution such apportionment;
In the third plebiscite held on April 7, 1981, the following
3) establishing a different mode of presidential succession
amendments were likewise ratified by the people:
by creating the office of Vice-President and abolishing the Execu-
1) establishing a modified parliamentary form of govern- ·tive Committee;
ment;
4) allowing the "grant" of lands of the public domain to
2) instituting electoral reforms; and qualified citizens;
3) permitting natural-born citizens who have lost their citi- 5) providing that at least a majority of the members of the
zenship to be a transferee of private land, for use by cabinet who are heads of ministries shall come from the elected
them as residence. representatives of the Batasang Pambansa; and
The approval of the proposed amendments to the Constitution 6) providing for urban land reform and social housing pro-
paved the way for the setting of the presidential election on June gram.
STATUTORY LAW 103
102 LEGAL RESEARCH

Election for 183 elective seats in the 200-member Batasang "the new government was installed through a direct exercise of the
Pambansa as held on May 7, 1984. The new legislature convened power of the Filipino power assisted by units of the New Armed
on July 23, 1984.148 Forces of the Philippines" and that this "heroic action of ~he ?eople
was done in defiance of the provisions of the 1973 Constitution, as
amended."149
d. The Provisional Constitution of 1986
The Provisional Constitution otherwise known as the Free-
In November 1985, President Marcos called for special "snap" dom Constitution adopted in toto the provisions of Article I (Na-
presi<lential elections. Corazon Aquino challenged President Marcos tional Territory), Article III (Citizenship), Article IV (Bill of Rights),
for the presidency and elections were held on February 7, 1986. On Article V (Duties and Obligations of Citizens) and Article VI (Suf-
February 15, 1986, the Batasang Pambansa, in the exercise of pow- frage) of the 1973 Constitution, as amended.
ers given by the 1973 Constitution, proclaimed Ferdinand Marcos
President amid strong opposition and widespread protest. Other provisions, such as Article II (Declaration of Principles
and State Policies); Article VII (The President); Article X (The Judi-
On February 22, 1986, Minister of National Defense Juan ciary); Article XI (Local Governments); Articl~ _xII (The C.onstitu-
Ponce Enrile holed himself in the DND Headquarters at Camp tional Commissions); Article XIII (Accountability of Public Offic-
Aguinaldo and revolted against President Marcos. General Fidel - ers)· Article XIV (The National Economy and Patrimony of the
Ramos, then Vice Chief of Staff later joined Enrile. Both of them · Nation): Article XV (General Provisions) were adopted insofar as
placed their support and recognition to Corazon C. Aquino. they were not inconsistent with the provisions of the ~rocla~~tion
The Enrile-Ramos forces were supported by hundreds of thou- while Articles VIII (Batasang Pambansa); IX (the Prime Minister
sands of unarmed civilians who surrounded the two military camps and the Cabinet), XVI (Amendments); and XVII (Transitory Provi-
to prevent the Marcos military from getting Enrile and Ramos. sions) were deemed superseded.
Other military elements soon switched their support to Enrile and · The text of this Provisional Constitution is published in Vital
Ramos. ''Legal Documents in the New People's Government, Central
t Book Supply, Inc. and also in Constitutionalism in the Philip-
On February 25, 1986, Corazon C. Aquino, was proclaimed
first woman President of the Philippines in simple rites held at the ':pines,1997 by this writer.
Club Filipino and was immediately sworn in by Senior Associate
Justice of the Supreme Court Claudio Teehankee. In the evening of e. The 1987 Constitution
the same day, President Marcos left the country.
The so-called people power of February 1986 installed a new
President Aquino abolished the Batasang Pambansa and de- government under Corazon C. Aquino as Presi.dent of the Repu~lic
clared a revolutionary government. of the Philippines. On March 25, 1986, she issued Proclamation
When Corazon C. Aquino took her oath of office as President No. 3 promulgating a provisional constitution during a period. of
on February 25, 1986, Proclamation No. 1 was issued wherein she transition to a New Constitution. On April 23, 1986, Proclamation
11No. 9 was issued calling for a new draft Constitution and creating
declared that she and her Vice-President were "taking power in the
name and by the will of the Filipino people" on the basis of clear , the Constitutional Commission of 1986.
sovereign will of the people expressed in the election of February 7, The Preamble of the new 1987 Constitution aims to "secure to
1986. The new government came into power not in accordance with . ourselves and our posterity the blessings of independence and de-
the procedure outlined in the 1973 Constitution but as explicitly mocracy under the rule of law and regime of truth, justice, free-
stated in the preamble of Proclamation No. 3 which stated that

149/d., p. 49.
148/d., p. 48.
104 LEGAL RESEARCH STATUTORY LAW 105

dom, love, equality, and peace. The provisions of the national terri- not more than 250 members unless otherwise provided by law who
tory provides what comprises the Philippine Archipelago, "with all are elected from legislative districts and those who, as provided by
the islands and waters embraced therein and all other territories law are elected through a party list system.
over which the Philippines has sovereignty and jurisdiction." Al- •· The executive power is vested in the president of the Philip-
though the words "historic rights and legal title" in the 1973 Con- pines. There shall also be an elected Vice-President who may be
stitution were deleted, the Philippines is not prevented to pursue appointed as a member of the Cabinet without need of confirma-
its claims over Sabah and other territories under International ti,op,. The President who is elected at large is given a six-year term
Law.1:;0
wthout reelection. No Vice-President shall serve for more than two
The Philippines is not only declared to be a republican State successive terms.
but it is also now referred to as a democratic State. Civilian au- The judicial power shall be vested in one Supreme Court and
thority is, at all times, supreme over the military and that the in such lower courts as may be established by law.
Armed Forces of the Philippines is the "protector of the people and
the State" and that "its goal is to secure the sovereignty of the Judicial power includes the duty of the courts of justice to
State and the integrity of the national territory. settle actual controversies involving rights which are legally de-
mandable and enforceable, and to determine whether or not there
Under the 1987. Constitution, the Philippines adopts and pur- Has been a grave abuse of discretion amounting to lack or excess of
sues a policy of freedom from nuclear weapons in its territory. jurisdiction on the part of any branch or instrumentality of the
Non-governmental, community-based or sectoral organizations Government.
(NGOs) are encouraged by the Constitution to .promote the welfare The goals ofthe national economy are a more equitable distri-
of the Nation. bution of opportunities, income, and wealth; a sustained increase
As to the rights of the accused, any person under investiga- in the amount of goods and services produced by the nation for the
tion for the commission of an offense shall have the right to be benefit of the people; and an expanding productivity as the key to
informed of his right to remain silent and to have competent and raising the quality of life for all, especially the underprivileged.
independent counsel preferably of his own choice. If the person The ratification of the new Constitution paved the way for the
cannot afford the services of counsel, he must be provided with one. hiilding of elections for both the Senate and the House of Repre-
These rights cannot be waived except in writing and in the pres- sentatives. The elections were held on May 11, 1987.
ence of counsel.
, The text of the 1987 Constitution can be found in the Official
The 1987 Constitution also expressly prohibits torture, force, Gazette; in Nolledo's The New Constitution of the Philippines;
violence, threat, intimidation, or any other means on the accused and in Constitutionalism in the Philippines (1997) by this
which vitiate his free will. Secret detention places, solitary, incom- writer.
municado, or other similar forms of detention are likewise prohib-
The Records of the Philippine Constitutional Commis-
ited. Penal and civil sanctions for violations of the aforementioned
sion, 5 volumes, and its three-Volume Journals provide the inter-
rules as well as compensation to and rehabilitation of victims of
pretation of the constitutional provisions by its framers.
torture or similar practices, and their families may be provided for
by law. The secondary sources on the 1987 Constitution are:
The 1987 Constitution creates a bicameral legislature, the 1 1. Padilla, Ambrosio B., The 1987 Constitution of the
Senate as Upper House composed of 24 Senators elected at large Philippines with Comments and Cases, Manila, Philippine
and the House of Representatives as the Lower House composed of Graphic Arts, 1987, 2 v;
2. Magdangal, Elena B., The Aquino Presidency and the
150/d., p. 50. Constitution, 1993;
STATUTORY LAW 107
106 LEGAL RESEARCH

to 1982. The index to this is the Philippine Treaties Index,


3. Bernas, J.G., The Constitution of the Republic of 1946-1982 published by the Foreign Service Institute. This index is
the Philippines -A Commentary, 1996; Constitutional Struc- divided into 2 parts - Bilateral Agreements and Multilateral Agree-
ture and Powers of Government, Notes and Cases, Part I, ments. The Bilateral Agreements section is arranged alphabeti-
1997;.CQnstitutional Rights and Social Demands, Notes and cally by country or international agency while the Multilateral
Cases, Part II, 1996; The Intent of the 1987 Constitution Writ- Agreements section is arranged by subject.
ers, 1995; Foreign Relations in Constitutional Law, 1995;
Treaties and other international agreements are likewise pub-
4. Hector S. De Leon and Lugue E.E., Textbook on the lished in The Lawyers Review, International Law Documents
New Philippine Constitution, 1999; Philippine Constitutional .(1945-1993), 1995 Edition; The UP Law Center has also published,
Law: Principles and Cases, 2 vols., 1999; Law of the Sea, 1996 Edition. It has also published the Philip-
5. IsaganiA. Cruz, Constitutional Law, Central Book Sup- pine Yearbook of International Laws, Vols. IX to XV (1983-
ply, Manila, 2000; 1989); Documents in Contemporary International Law, 2 vol-
umes, was published in 1976 edited by Dean Merlin B. Magallona.
6. Coquia, J.R., Human Rights: An Introduction Course,
2000; The UP Law Complex has published the following: Vital
ASEAN Documents, 1967-1984; The Ocean Law and Policy
7. Miriam Defensor-Santiago, Constitutional Law, Text 'Series; Philippine Trade and Economic Agreements; and
and Cases, Vol. 1 - Political Structure and Vol. 2 - Bill of Rights, 'World Bulletin, Vols. I to XIV.
2000;
The secondary materials on treaties and international agree-
8. R.A. Suarez, Principles, Comments and Cases in Con-
ment are:
stitutional Law, 2 Volumes, 1999 and 2000.
1. Abad Santos, Vicente, Cases and Materials on Inter-
national Law, 1971. ·
C. Treaties and International Agreements
2. Salonga, J.R. Public International Law, 1974.
Having the same force of authority as legislative enactments
are the treaties and international agreements which the Philip- 3. Coquia, J.R. and Santiago, M.D., International Law,
pines enters into with other states. A treaty has been defined as a 1998 Edition.
compact made between two or more independent nations with a
4. Cruz, I.A, International Law, 1998 Edition;
view to the public welfare. As a member of the family of nations,
the Philippines is a signatory to and has concluded numerous trea- 5. Santiago, M.D., International Law, with Philippine
ties and conventions. Cases and Materials and Asean Instruments, 1999 Edition.
The official text of treaties entered into between the Philip-
pines and foreign nations is published in the Official Gazette. D. Statutes Enacted by the Legislature
Another official source is the publication known as Treaty Series,
1. Legislation In General
released by the Department of Foreign Affairs, beginning August,
194 7 at irregular intervals. Treaties affecting the Philippines be- Legislation is the formal enactment of laws by competent au-
fore the adoption of the Constitution appear in Acts of Congress ' thority and in the proper manner. This is the most important source
and Treaties Pertaining to the Philippine Islands, published ' of law in modern times. All nations have established some proce-
in 1920 (Washington, GPO). dure for the enactment of laws. In the Philippines, legislation is
Materials for treaties and international agreements where the one of the three principal sources of our laws. The others are court
Philippines is a signatory are now found in the Philippine Treaty decisions or jurisprudence and custom.
Series published by the U.P. Law Center in 7 volumes from 1946
108 LEGAL RESEARCH STATUTORY LAW 109

Legislation, as a source of laws, carries with it many advan- (3) · Each legislative district shall comprise, as far as
tages among which is that it makes the law clear, definite and practicable, contiguous, compact and adjacent territory. Each
formal. At the same time laws can be repealed with greater speed city with a population of at least two hundred fifty thousand,
and with certainty. The most modern form of legislation is codifica- or each province, shall have at least one representative.
tion. Codification is the systematic and logical compilation of all ( 4) Within three years following the return of every
the statutes on a certain subject of law. census, the Congress shall make a reapportionment of legisla-
Being a primarily civil law jurisdiction, the primary source of tive districts based on the standards provided in this section."
law in the Philippines is legislation. The legislature in the Philip-
pines is known as the Congress which has a lower house, i.e., the b. Types of Legislation
House of Representative and an upper house, i.e., the Senate.
"Statute Law" is frequently used a synonym or equivalent for
a. Constitutional Provisions legislation. In this book however, we are using the term legislation
in a broad sense enough to include not only laws passed by Con-
The 1987 Constitution under Art. VI (The Legislative Depart- gress but also the other types of general legal rules that are pre-
ment) provides: scribed in administrative regulations, local government ordinances
and the like.
"Section l. The legislative power shall be vested in the
Congress of the Philippines which shall consist of a Senate Even the Constitution is "legislation" in the broad sense al-
and a House of Representatives, except to the extent reserved though of higher political and legal obligation than "ordinary" leg-
to the people by the provision on initiative and referendum. islation because the constitution too, is a rule-prescribing instru-
ment, one which expresses in authoritative form the general rules
"Sec. 2. The Senate shall be composed of twenty-four
Senators who shall be elected at large by the qualified voters
or principles that govern the exercise of political power in an or-
. ganized society and safeguard individual interests from unwar-
of the Philippines, as may be provided by law.
ranted governmental intrusion.
xxx xxx xxx
c. Form of Statutes
"Sec. 5. (1) The House of Representatives shall be com-
posed of not more than two hundred and fifty members, un- The 1987 Constitution under Art. VI prescribes the form of
less otherwise fixed by law, who shall be elected from legisla- Philippine Statutes to wit: "Sec. 26. (1) Every bill passed by the
tive districts apportioned among the provinces, cities, and the Congress shall embrace one subject which shall be expressed in the
Metropolitan Manila Area in accordance with the number of ·title thereof." Upon becoming a law, they are called Republic Acts
their respective inhabitants, and on the basis of a uniform and are consecutively numbered.
and progressive ratio, and those who, as provided by law, '
shall be elected through a party-list system of registered na- d. The Enactment of Statutes
tional, regional, and sectoral parties or organizations.
The 1987 Constitution under Art. VI provides:
(2) The party-list representatives shall constitute twenty
percent of the total number of representatives including those "Sec. 26. x x x (2) No bill passed by either House shall
under the party-list. For three consecutive terms after the become a law unless it has passed three readings on separate
ratification of this Constitution, one-half of the seats allocated days, and printed copies thereof in its final form have been
to .party-list representatives shall be filled, as provided by law, distributed to its Members three days before its passage, ex-
by selection or election from the labor, peasant, urban poor, cept when the President certifies to the necessity of its imme-
indigenous cultural communities, women, youth, and such sec- diate enactment to meet a public calamity or emergency. Upon
tors as may be provided by law, except the religious sector. the last reading of a bill, no amendment thereto shall be al-
110 LEGAL RESEARCH STATUTORY LAW 11]_

lowed, and the vote thereon shall be taken immediately there- ambiguity entirely and be applied literally in all situations. The
after, and the yeas and nays entered in the Journal. emphasis upon· common meaning of words as the principal or ex-
clusive basis for interpretation, and in particular upon the plain
Sec. 27. (1) Every bill passed by the Congress shall, be- meaning rule, has largely given way to a search for the "intention"
fore it becomes a law, be presented to the President. If he
of the legislature.
approves the same, he shall sign it; otherwise, he shall veto it
and return the same with his objections to the House where it Legislative "intention" may be understood either in the spe-
originated, which shall enter the objections at large in its cific sense of the understanding of the legislators themselves as to
Journal and proceed to reconsider it. If, after such reconsid- the meaning of the statutory language or in the general sense of
eration, two-thirds of all the Members of such House shall the purpose that the legislature sought to achieve by enactment of
agree to pass the bill, it shall be sent, together with the objec- the statute. In the first sense it is often elusive. The number of
tions, to the other House by which it shall likewise be recon- legislators is large, and virtually all legislatures are divided into
sidered, and if approved by two-thirds of all the Members of two houses which function separately; the average legislator can
that House, it shall become a law. In all such cases, the votes have only a minimal knowledge of the fine points of a bill, which
of each House shall be determined by yeas or nays, and the are not usually discussed on the floor, and the problem before the
names of the Members voting for or against shall be entered court may have been unforeseen and even unforeseeable at the
in its Journal. The President shall communicate his veto of time of enactment. Yet in spite of these difficulties, the legislative
any bill to the House where it originated within thirty days history not infrequently discloses that at least some responsible
/
after the date of receipt thereof; otherwise, it shall become a legislators considered the point before the court and had a specific
law as if he had signed it. intention as to the language in question.
(2) The President shall have the power to veto any par- Even where this is the case, use of extrinsic aids to show
ticular item or items in an appropriation, revenue, or tariff legislative intention has been opposed for practical reasons by crit-
bill, but the veto shall not affect the item or items to which he ics who maintain that, "Aside from a few offices in the larger cities,
does not object." the materials of legislative history are not available to the lawyer
who can afford neither the cost of acquisition, the cost of housing,
e. The Construction of Statutes or the cost of repeatedly examining the whole congressional his-
tory."
On the surface, the simplest approach to interpretation is to
look to the common meaning of the words used by the legislature. Nevertheless, courts have frequently used extrinsic aids to
This approach is sometimes implemented by a durable doctrine establish legislative intention as a guide to statutory interpreta-
known as the "plain meaning rule." Its classical formulation is that tion. The weight given to these aids depends on how reliable they
where the statute is "clear, plain, and unambiguous" on its face, so seem as indications of an intention of the legislature as whole.
that taken by itself it is fairly susceptible to only one construction, Because of the importance of the committee system, the views of
that construction must be given to it and any inquiry into the the members of a single committee may, with some justification, be
purposes, background, or legislative history of the statute is fore- taken as those of the entire legislature. The report of a committee
closed. that has considered the bill or a statement on the floor of the
legislature by the member of that committee who is in charge of
The rigors of this rule have been relaxed by permitting an
the bill may be particularly persuasive; changes in successive drafts
exception where the result would be "cruel," "monstrous," or "ab-
of the bill and action on proposed amendments may also be consid-
surd" sometimes merely "impractical," "unjust," or "unreasonable."
ered; but statements of individual legislators made during floor
With a growing understanding of the difficulties that attend the
debate rarely show a common understanding and are likely to be
use of language to express legal rules, there has come a realization
that no statute can be so clearly and accurately drawn as to avoid the views of only one person.
112 LEGAL RESEARCH STATUTORY LAW 113

When the legislative history of the statute is not available or, found. Nevertheless, maxims cannot be disregarded and may be
if available, does not indicate any specific legislative intention as to particularly significant in the interpretation of state statutes where
the language, the court may turn instead to the legislative purpose. the lack of adequate records makes it more difficult to show legisla-
The technique of purpose interpretation was applied in English tive intention.
courts some four centuries ago, and the classical statement of the
process involves these steps; examination of the law before enact- 2. History of Philippine Legislation
ment of the statute; ascertainment of the "mischief or defect" for
which the law did not provide; analysis of the legislative remedy; a. Pre-Spanish Period
determination of the reason or purpose of the remedy; and applica- During the pre-Spanish period, when a chieftain of a barangay
tion of the statute so as to "suppress the mischief, and advance the wanted a law enacted to prevent, say, the commission of serious or
remedy." minor crimes, he called in the elders of the community and told
Purpose interpretation does not, therefore, require the use of them what he had in mind. The leaders approved his plan, for it
legislative history and is frequently used in the construction of was meant to protect society from the incursions of the bad ele-
statutes where records of legislative history are inadequate. The ments. The chieftain then made the necessary regulations or rules,
which the elders immediately approved.
court may even find a helpful statement of the purpose of enact-
ment set forth in the preamble or purpose clause of the statute A public announcer, called umalahokan, was summoned and
itself. However, purpose interpretation is not limited to situations ordered to go around the barangay to announce the promulgation
where there is no relevant legislative history and it is no less of the new rules and regulations. ''With a bell in one hand, the
effective if the purpose of the enactment is derived from one of the umalahokan called the attention of the subjects by ringing the bell
extrinsic aids already mentioned, or.for example, from a presiden- furiously. The people gathered around him and heard from him the
tial message describing the need for legislation. provisions of the new law. Anybody violating the law was promptly
arrested and brought before the chieftain to be judged according to
Regardless of which approach to statutory interpretation a
the merits of the case."
court may adopt, it may embellish its opinion with one or more of
the innumerable time-honored maxims of statutory construction. Only two laws, both originating from Panay Island, have been
Many of these are based on assumptions as to how words are historically identified: the Maragtas Code, promulgated during the
commonly used. Thus, there is the maxim expressio unius est exclusio first half of the 13th century, and the Code of Kalantiao, a penal
alterius - the expression of one thing excludes another; the maxim code issued during the early 14th century. Although there have
noscitur a sociis - the meaning of a word may be determined by been scholarly researches that have come out with the conclusion
reference to the words associated with it; the ejusdem generis rule that both Codes are hoaxes, others still continue to believe in the
- where general words follow an enumeration they are to be read existence of said Codes.151
as limited to things of the same general kinds as those specifically The first version of the Maragtas Code was published in the
mentioned; and the rule that statutes in pari materia, that is, on Ilongo-Bisayan language, with an English translation made much
the same subject, are to be construed consistently with each other. later in Carreon's Maragtas(1943). An authoritative Spanish trans-
Others reflect what are assumed to be broad policies of the lation appears in Cuino, El Codigo de Maragtas, noted in the
law. Among these are the maxims that statutes, other than· proce- newspapers El Debate (1938). The first Spanish text of the
dural matters, will not be interpreted as retroactive and that penal Kalantiao Code is contained in Pavon, Las Antiguas Leyendas
statutes are to be strictly construed in favor of the accused. de la Isla de Negros published in 1837, while the first English
The authority of maxims is weakened by their very number,
their generality, and their inconsistency. There is a maxim for al-
most every purpose and for nearly every maxim, an opposite can be 151 Rodriguez, op. cit. (2), p. 118.
114 LEGAL RESEARCH STATUTORY LAW 115

translation of the Code was made by Robertson in his Social Struc- The rise of the Phoenician city or Carthage in North Africa
ture (!f and Idea of Law among Early Philippine Peoples, brought the Iberian peninsula under Carthaginian influence, but
The Pacific Ocean in History (1917).152 not domination. Carthage later fought with another expanding city
called Rome in the so-called Punic Wars. In 210 B.C., the great
Legislation during the pre-Spanish Period, are also described Roman General, Publius Cornelius Scipio, captured the city of
in: Romualdez, A Rough Survey of the Pre-Historic Legisla- Cartagena, pushed the Carthaginians across the sea back to North
tion of the Philippines (Phil. L.J., 1914); Malcolm, The Pre- Africa, and earned for himself the name Scipio Africanus. Carthage
Spanish Government of the Phifippiries (Phil. Review, 1916); itself was at last destroyed, and Spain passed on to Roman sover-
Cuyugan, Origin and Development of Philippine Jurispru- eignty.154
dence (Phil. L.J., 1917); and Blair and Robertson, The Philip-
pine Islands.153 For the next six and a half centuries, Spain was a Roman
territory and indeed one of the most important Roman colonies. To
Roman Spain came the Vandals, the Alans, and the Suevians, occu-
b, Spanish Period pying Gacilia and the southern regions, leaving however the greater
Spanish legislation regarded the indigenous population of the part of the land under Roman sway. But in the fifth century, the
empire as legal minors, whose rights and obligations merited pa- trickle became a flood, pushed forward by pressure from a new and
ternalistic protection from the Crown and its agents. For adminis- terrible presence in the North; the Huns, thundering from across
trative purposes, the natives were treated as a separate common- the barren wastes of central Asia, to pillage, conquer and destroy.
wealth, la republica de los Indios, with its own code of laws and its Not even the tall, robust Nordic warriors were a match to these
own set of magistrates. The segregation of the Indians from the fierce barbarians. .
Spanish and mestizo communities gave the Indian commonwealth The East Goths were overhelmed and brought under subjec-
a kind of ethnic-territorial reality. tion; the West Goths (Visigoths) fled southward across the Danube,
There were two kinds oflaws which were enforced by Spain in and at Adrianople, their cavalry crushed the Roman infantry le-
the Philippines during its colonial rule. The first consists of laws of gions. These Visigoths under Alaric pursued their erratic course,
Spain governing Spanish citizens which were extended to the Phil- through northern Italy, the Po Valley, down the Italian boot to sack
ippines by means of royal decrees; and the second comprises a body and plunder Rome itself in 410 A.D., then up again to southern
of laws specifically enacted in Spain to specially govern the colo- France and Spain to settle there, confining the Suevians to the
nies. west and northwest, displacing the Vandals who crossed over to
Northern Africa.155
(1) Spanish Laws Made Applicable to the Philippines Thus, did Spain become a Visigothic Kingdom. In 416 A.D.,
Spain made applicable to the Philippines her own laws. To the Visigoths established their capital in Barcelona; then in Tou-
understand the legal system introduced by the Spaniards in the louse, France; and eventually, in Toledo.
Philippines, we must first know the system of laws in Spain and
their antecedents. 1) The Code of Euric and the Brevarium of Alaric
a) The System of Laws in Spain and Its Antecedents The Visigoths reduced to written form the customary laws
The first major settlers of Spain were the Iberians, who inter- which they had brought with them and produced the Codex Eurici,
married the Celts who came 12 centuries before Christ, producing after the emperor, Euric (467-485).
a mixed race called Celtiberians.
154 Balane, The Spanish Antecedents of the Philippine Civil Code, Quezon City,
152 Moreno, op. cit., p. 29. U.P. Law Center, 1979, p. 2.
153/d. 155/d.' p. 3.
116 LEGAL RESEARCH
STATUTORY LAW 117

This Code of Euric, though promulgated by the conquering


sovereign, was not intended to be a general law for all the inhabit- It dealt, among other things, with judicial procedure, mar-
ants, of Visigothic Spain; rather, it was meant to apply only to the riage, divorce, succession, matters pertaining to the Church, dona-
conque:rors. It was, in· other words, personal, rather than territo- tions, debts and pledges, criminal offenses, slaves, physicians, for-
rial, law. The subjugated Romanized inhabitants remained outside ' e.i,gi:i merchants, judicial conduct in the administration of justice,
its pale, these subject people being governed, with a good deal of 4,~~tics, Jews, etc.
confusion, by whatever remaining traces of Roman law still re- , f!i . In 711 A.D., the Moors under Tarik conquered Spain. Roderic,
mained among them - until Euric's son, Alaric II, decided to do · the Visigothic king, fell. Spain became first, an emirate under the
something about it.156 (fffeay-yad caliphate of Damascus and later, into an independent
Alaric II formed a commission of Visigothic scholars with the .~µ-ate. ·
mission of formulating a body of laws for the conquered subjects on -•· In 718 A.D. started the piece-meal reconquest of Spain from
the basis of known Roman law. the Moors in Asturias. Later, the Moors withdrew from Galicia and
This compilation, which was otherwise known as the Leon. In the 800's, the Basques of Navarre established an inde-
J!'
Brevarium of Alaric, and the result of the labor and study of the ·]?J1~dent kingdom. In the 900's, the kingdom of Castille arose.158
commission, is a compilation of Gothic and Hispano-Roman law · ,fl.<
In 1085, Toledo was liberated and soon after, Valencia was
which had not become outmoded. ~ptured. In 1164, Aragon and Cataluna were united as a single
After the code was approved and promulgated by Alaric II, it ·~ngdom called the Kingdom of Aragon, In 1230, Castille and Leon
remained in force officially for more than one hundred and fifty -~re united into one kingdom, called the Kingdom of Castille.
years, during which time the original text was expanded by the -'i'i··
addition of certain fragments from Ulpianus and Modestinus. 3) Fuero Real
·a~• 1' In 1254-1255 came the first of the Codes of Alfonso X, the
2) Fuero Juzgo ,HJ.hg of Castille: the Fuero Real. One motive which impelled him to
· take this action was the desire to unify the laws in force in order to
It will be recalled that in the course of the Germanic invasion · W,.eE1t the advancing unity of the provinces which were being
of southern and western Europe in the fifth century, Spain was , :( ~Rnquered one after another from Moslem domination (which
overrun by the Visigoths. The invaders brought with them their '$,Qrted in 711 A.D.).
own law, known as the lex Visigothorum 157 more specifically the
The Fuero Real consisted of four books divided into seventy-
Code of Euric, to govern the conquering Visigoths. The Brevarium
of Alaric, on the other hand, governed the conquered subjects. One mo titles containing five hundred fifty-five laws. It treated public
thing now was left to be done - the harmonious resolution of the 14lW from both the spiritual and secular points of view. It also estab-
unwieldy system of legislacion doble. Y,~1\ed rules for the regulation of domestic relations, property rights,
Wills, descent, administration, etc. There were some provisions re-
About 650 A.D., the law of the two peoples were amalgamated '<'"
quiring general observance of the precepts of the established reli-
in a single compilation, which came to be known as Fuero Juzgo. gion which emphasized the role of the Church in the process to
("Fuero" being the Castillian term for a general code of laws). It , tlfitional unification.
was for all Spain, binding both the conquering Germans and the :..1fn 11

vanquished Hispano-Romans." 4) Las Siete Partidas


The last and most celebrated of Alfonso X's codes was the
156Rodriguez,
The History of the Judicial System of the Philippines (Spanish
Siete Partidas. A renewed compilation of Alfonso X, recognized as
Period, 1565-1898), Manila, Rex Book Store, p. 8.
157Francisco,
Legal History, Manila, East Publishing, 1951, p. 449.
158 Rodriguez, op. cit. (3), p. 10.
118 LEGAL RESEARCH STATUTORY LAW 119

the Justinian of Spanish jurisprudence, Siete Partidas were taken The Sixth Partida, under nineteen titles, continued the sub-
largely from the Roman laws, and were fundamental in the law of ject of civil legislation, the first fiftee~ treating of testa~e~ts, codi-
Spain and her colonies. cils, of heirs, successions, executors, mtestates and partitions, and
Accordingto the generally accepted view, the work of compil- the last four, of minors, orphans, tutorship, curators, etc.
;

ing the Partidas was begun in 1265. However, it did not receive The Seventh Partida treated of penal legislation under thirty-
officialsanction after its completion.This was promulgated only in fhur titles, with a termination explaining the meaning of certain
1348 during the reign of AlfonsoXI. words and rules. While defective in some particulars, this Partida
It was divided into seven parts, each commencingwith one of J.~, cpnsideredas the most advancedlegislation of the times on crimi-
the letters of the author's name, Alfonso,and had one hundred and flfM laws.l"
eighty-two titles comprising two thousand four hundred and sev- On October 19, 1469, Ferdinand of Aragon married Isabela of
enty-nine laws. Castille, making possible the political unification of Spain after a
The First Partida embraces twenty-four titles, and treated in long war of reconquest against the Moors.
the first two, were the natural law and the laws of usages and In 1482 Ferdinand and Isabela defeated the Moors and
customs, and in the remaining twenty-two,the Holy Catholicfaith, reconquered Granada, the last remnant of Moorish rule. The van-
religious doctrines and canonicallaws.159 quished Moorish chief Boabdil glanced at Granada for the last
The Second Partida comprisedthirty-one titles on public law, tfu.e, his eyes brimming with tears. His wife Aixa scorned him:
the first eleven of which treated of the prerogatives of the crown, "Weeplike a woman for what you could not defend like a man." The
duties of the monarch to his family,officers and subjects, and reli- ;~conquest had been completed.
'
gious observances; the next nine, of the duties of the people to-
wards the sovereign; and the remaining titles, of military captives 5) Leyes de Toro
and ransoms, public education, professors, organization of studies,
etc. The lawyers who were members of Cortes which met at Toledo
in 1502 had requested the King to order a systematic codification
The Third Partida treated, under thirty-two titles, first of of all the laws in force. The work was done by a Commissioncom-
justice and the benefits of its wise administration; the next twenty- posed of Galindez de Carvajal, Juan Lopez de Rubios, and the
seven treated of the judicial organization and rules of possession bishops of Cuenca, Zapata, Mojica,Tello,and Santiago.161
and servitudes. Nearly all its provisions were Roman Law.
.I' The Code had eighty-three different laws placed one after
The Fourth Partida was divided into twenty-seven titles and another. It treats of the sources of law, inheritance, succession,
was dedicated to civil law, principally on family relations, while the marriage, criminal law, civil procedure, criminal procedure, per-
last seven considered feudalism, relations between lord and vassal, sons and family relations, etc. Unlike the previous compilations,
and a dissertation on friendship which had little logical sequence the Leyes de Toro had full binding authority and remained in force
with that which preceded it. until the appearance of the modern codes. When the Nueva
The Fifth Partida comprisedfifteen titles taken from the Ro- Recopilacion and the Novisima Recopilacion were promulgatedlater
man civil law on the subjects of obligations and contracts, includ- on, all the provisions of the Leyes de Toro were included.
ing loans, deposits, commodatum, sales, partnerships, mortgages -r:
and pledges.

=t«, p.451.
Pascual, Introduction to the Study of Law, Manila, G. Rangel and Sons,
161
Francisco, op. cit., p. 450.
159
1951, pp. 124-125.
STATUTORY LAW 121
120 LEGAL RESEARCH

all the laws in force in Spain concerning civil, penal and procedural
6) Nueva Recopilacion matters. In 1813, a code commission of five eminent jurisconsults
The beginning of the sixteenth century ushered in the period was appointed. The work was begun immediately and continued all
of renaissance and of great colonial expansion. It was several years through the nineteenth century before all the codes were finished.
- .•
after the promulgation of the Leyes de Toro that the idea of compil-
ing the varied laws and compilations and abrogating at the same 1. Codigo de Comercio of 1885
time all provisions which have fallen into desuetude had taken hold '1\) The first of these was Codigo de Comercio which was pub-
of the legal minds of the country. lished in 1830. This code was modeled after the French Code of
The first of these codes was completed in 1562. After some 1(fommerce of 1807 and on the decrees of the Court of Bilbao of 1737
further revision, Philip II, who had in the meantime succeeded ,whlch was revised on several occasions, one in 1760, another in
Charles V, sanctioned the compilation in 1567. Philip II, seeing the 1i69 and the last one in 1787. In 1819, it was augmented by the
great and urgent need for law reform, commissioned a minister of ((]ortes which met at Cadiz. In 1827, it was revised and became the
his Council, named Bartolome Lopez de Arrieta, and, upon this !provisional code of commerce of Spain. It remained in provisional
man's death, another jurist, Bartolome Atienza, to undertake this !operation for nearly two years until 1830, when as Codigo de
difficult task. On 14 March 1567, the resultant compilation was 11:omercio, it finally took effect. The Codigo de Comercio of 1885,
promulgated by His Majesty under the title "Nueoa Recopilacion de -which came into force in Spain on January 1, 1886 replaced the
las Leyes de Espana." This new code sought to incorporate and '1:830 Code. This code was extended to the Philippines by royal
unify the diverse strands of the Fuero Real, the Partidas, the Ordi- .!decreeon August 6, 1888 and took effect therein on December 1,
nance of Montalvo, the Laws of Toro, and the other laws. It also '.ll.888.
contained royal decrees and legislative enactments up to the time 1,.'
of its preparation. It was composed of nine books, with 214 titles ·": 2. Codigo Penal of 1870
and 3,391 laws. It is the fifth book which deals with civil law.162 rl~;> The criminal law of Spain was first codified in 1822 and con-
. -tdnued in force until it was replaced by the Penal Code of 1848. It
7) Novisima Recopilacion · -was patterned after the French Penal Code of 1810. Largely on the
efforts of Pacheco, this code was superseded by the Penal Code of
Towards the end of the 18th century (1798), Charles IV, wish- 1850 which was merely a revised version of the previous ones. It
ing something to be done about the legal situation, commissioned 1its
not until 1870 that a systematic penal code was promulgated.
Juan de la Requera Valdelomar, a jurist, to revise the Nueva ·!hlis code was later amended in 1876. This Penal Code was ex-
Recopilacion. The work was submitted to the King in 1802, and on tended to the Philippines by royal Decree in 1887.
15 July 1805, it was promulgated under the title "Novisima
Recopilacion de las Leyes de Espana." It was structured along the 3. The Codes of Civil and Criminal Procedure
'
same lines as the Nueva, consisting of 12 books with 340 titles and ,8'J'
4,020 laws. The civil law portion is found in Book X, with 24 ti- 5L The Code of Civil Procedure of October 5, 1853 was made
tles.163 .~ffective in the Philippines in 1855, while the Code of Criminal
,,P;rocedure of September 14, 1882 was made applicable in the Phil-
b) Modern Spanish Codes ;tippines in 1887.

In 1811, the Cortes assembled at Cadiz and passed a resolu- 4. Codigo Civil of 1889
tion providing for the steps to be undertaken for the codification of
On 8 May 1851, the Commission submitted a draft of a Civil
Code, divided into preliminary title and 3 books, containing a total
. of 1,992 articles. The first book was on Persons; the second, on
162 Rodriguez, op. cit. (3), pp. 16-17. Property and Ownership; and the third, on the Modes of Acquiring
163 /d., pp. 17-18.
122 LEGAL RESEARCH
STATUTORY LAW 123

Ownership (contracts were given as one of such modes). Dissatis-


faction with this draft, as well as deep-seated opposition from the a) Legislation for the Colonies
l! I
regions, again caused the project to be pigeonholed.164
The legislation of the Indies embraced the royal cedulas, de-
On ·2 February 1880, another royal decree called for codifica- crees, provisions, sentences, resolutions, judicial acts and letters
tion, and this time the composition of the Code Commission was referring to public or private law, which means that in its elabora-
trans-regional, with members representing Cataluna, Aragon, tion and promulgation, many agencies and institutions intervened:
Galicia, Navarre, and the other regions. In 1881, a Proyecto de ~~eking, the _cou~cil of th_e _Indies, th~ ministry of t~e Indies, ~he
Bases - an outline of bases for fundamental points - was submit- yiceroys, audiencias, municipal councils, consulates, intendencies,
ted to the Senate, and in 1881, the draft of the first two books - on ~ithout mentioning those that derived their authority from
persons and on property. Three years later, the Minister of Justice 'cb'iicordats and international councils.
presented a proposed Ley de Bases - fundamental points on which
the Civil Code was to be based, totalling 27 in number - to the The laws for the government of the colonies were enacted in
Cortes, which however, due to irresolution and its dissolution, failed Spain and were transmitted in the form of royal cedulas (orders
to decree it into law. But on 11 May 1888, it became law by royal emanating from superior tribunals, in the name and by the author-
fiat. The draft of the Code having been completed by the Code ity of the king); ordenamientos, pragmaticas (orders emanating from
Commission, a royal decree of 6 October 1888 ordained the publica- i~e king, ~iffering from cedulas_ only. in for~ and in the mode of
tion thereof. On 11 February 1889, it was decreed that the new promulgat10n); reglamentos (written instructions by a competent
Code would take effect that the new Code would take effect on 1 authority, no special form being observed); resoluciones (opinions of
May of that year, but it was actually on 24 July 1889 that the srtperior authorities on matters referred for decisions; instructions
definitive text of the Code was promulgated. Spain had a Civil to inferior authorities); autos acordados (judicial sentences or deci-
Code. ~ions); decretos (important resolutions of the king printed and pub-
lished, usually comprising laws of a general character); provisiones
This code was based primarily on the Code Napoleon, although
(the dispatches issued by the audiencias in the name of the King,
the defects of the latter were remedied and some of its provisions
With full royal authority); carta abierta (open letter equivalent to a
improved. The code was also based on the provisions of prior com-
modern circular, granting some privileges or petitions to someone,
pilations.
although directed to all without distinction).
The Civil Code, with the exception of the portion relating to
The legislation of the Indies originated, therefore, in a great
marriage, was extended to the Philippines by royal decree in 1889.
diversity' of agencies, a fact that perhaps accounts for its profusion
'a's well as its acted for the Indies was public law, especially politi-
(2) Laws Specially Enacted for the Colonies ~al, administrative and penal. In matters of private law, the Span-
~sh legislation proper was used as a supplementary source, although
While in general, the law of Spain applied also in the colonies,
the statutes of the latter and the conditions existing there made
ill general, the private law of the Indies is based on the laws of
ISpam.
.
necessary adaptions, modifications and supplementary legislation.
Special colonial regulations were devised to meet the requirements
of the colonies without too great a deviation from the law that
b) First Collection of Laws Relating to the Colonies
governed the mother country.165 The first collection of laws relating to the government of the
colonies was published at Alcala in 1543. It contained the decrees
·6f Charles V. The earliest compilation of laws relating solely to the
164Balane, op. cit., p. 40. 'Indies that was printed was that of the ordenanzas for the govern-
Vance, The Background of Hispanic-American
161
Law, Washington, D.C.: The ment of the audiencia de Mexico. It is said to have been printed in
Catholic University of America, 1937, pp. 128-129. Mexico in 1545, and to have obtained the royal sanction in 1548. In
1552, a similar collection of laws was made by order of Antonio de
STATUTORY LAW 125
124 LEGAL RESEARCH

In 1606, Hernando de Villagomez, a member of the Council of


Mendoza, viceroy of Peru, for _the government of the audiencia at
Lima. It is uncertain whether this was ever printed. A cedula of I the Indies, began to compile cedulas and other laws relating to the

.t
Indies, but the work was left unfinished. In the meantime, Solorzano,
September 4, 1560 (in its provisions, it was merely a reproduction a judge of the Audiencia of Lima, in compliance with a commission
of the one of 1552), ordered Luis de Velasco, viceroy of New Spain, of Philip II (1610), made a six-volume collection of cedulas, which
to have printed a compilation of the documents in force within the received the royal approval on July 3, 1627.
jurisdiction of the audiencia of Mexico. The task was entrusted to
Vasco de Puga, a judge of the audiencia (Order of the Viceroys of e) General Compilation by Aguilar y Acuna and Pinelo
March 4, 1563). He did it with such expedition that it was finished
The work on the general compilation was continued by Rodrigo
in November and published in the same year. It contains cedulas
de Aguilar y Acuna who proposed, in collaboration with the presi-
and laws relating to New Spain from 1525 to the date of compila-
dent of the council, to finish the compilation, and while glossing it,
tion. to harmonize it with the royal decrees and the civil law at least.
c) Compilation of Laws Initiated by the Council Aguilar divided his work into eight books and subdivided these
into parts. The first part was ready and published as Sumarios in
In 1550, Philip II had ordered a general codification; abro-
1628. The order and arrangement observed was that of the Partidas
gated laws were to be excluded, conflicting provisions reconciled
and the gaps filled by the new provisions. ro
obtain information as
and the Recopilacion de Castilla. Combining the method followed
until then, a sort of digest was formed, omitting the repealed provi-
to the records of the Council of the Indies, Juan de Ovando com-
sions and abstracting those in force, in order to avoid the bulkiness
pared about two hundred volumes, abstracting laws, instructions,
that the compilation would have attained if the documents were
decrees, ordinances, and proposed to put this legislative material
published integrally.
into seven books. Of this work, the whole of the first book was
compiled, yet the first title (relating to the Council of the Indies After Aguilar died, Antonio de Leon Pinelo continued the com-
and its ordinances) alone was printed in 1598. This was the begin- pilation alone. According to his own declaration, he worked for
ning of the Recopilacion of the Indies. more than ten years on the preparation of the compilation, from
1624 to 1634. In 1634, he presented the draft in a finished and
d) The Codigo Ovandino perfected form, reduced to nine books which contained more than
ten thousand laws taken from thirty thousand cedulas and royal
In his honor, the compilation was called the Codigo Ovandino.
ordinances more than two hundred thousand of which he read in
It was also otherwise known as the Recopilacion de las Leyes de
the original.
Indias. It was promulgated by Philip II in a royal decree in 1570
and sent to the different viceroys and audiencias to be carried into On October 20, 1634, the Council of the Indies approved his
effect. Before the death of Ovando (1575), Alonso de Zorita pre- work and the next year, the manuscript of the Recopilacion was
pared a compilation of the laws of the Indies in 1574. Zorita had presented to the Council. But this compilation again did not an-
held the office of judge in the audiencias of Santo Domingo, Guate- swer the purpose fully, and many years had to pass before a more
mala and Mexico for twenty years. Also, hearing on the royal cedula complete collection could be made.
for twenty years.
During the years 1549-1596, it seemed that Diego de Encinas, f) The Recopilacion de Leyes de los Reynos de lndias
a clerk in the office of the king's secretary, was instructed to make The work on a general Recopilacion continued until it was
copies of all provisiones, cartas, cedulas, etc., dispatched prior to ready in 1677, and was promulgated by a decree of May 18, 1680. A
1596. Diego de Zorrila continued the work of Encinas, adding a decree of November 1, 1680 ordered it to be printed. It went into
selection of cedulas of more recent date, but he left the work in the colonies as the Recopilacion de Leyes de las Reynos de Indias.
manuscript and incomplete.
126 LEGAL RESEARCH STATUTORY LAW 127

This compilation was composedof nine books divided into two and that of Miguel de la Guardia. Among the other publications of
hundred eighteen (218) titles and consisting of 6,377 laws or provi- law relating to the Indies is that ofAguero, containing among other
sions. Among other things, the compilationcontained provisions on things the regulations concerning the royal treasury in the Indies,
public law, ethics, laws for the government of the colonies concern- and those of the tribunales de cuentas, accompaniedwith notes and
1
ing political, military, religious, and fiscal administration. There comments. Even after the Recopilacion was printed, partial collec-
were also provisions concerning ecclesiastical law such as provi- tions continued to be published from time to time.
sions governing the relation of the church and the state. The colo-
nies were divided into archbishoprics,bishoprics and parishes. Con- (3) Evaluation of the Laws in the Philippines During
cerning political administration, provisions were included which ., ,, the Spanish Period
divided the coloniesinto vice-royalties,audiencias, provinces of the John Bowringin his bookA Visit to the Philippine Islands,
royal treasury (provincias de oficiales de la hacienda real), provin- 1859 had this to say on the laws of the Philippines during the
cial military governments (adelantados), government districts Spanish era:
(gobernaciones), high magistracies (alcaldias mayores), low magis-
tracies (corregimientos), simple magistracies (alcaldias ordinarios "In the Philippines, there is a great mass of unwritten,
y de hermandad), and municipal districts (consejos). The provisions or at least unprinted, law, emanating from different and inde-
on ethics dealt with the relation among the natives and the Span- pendent sources, often contradictory,introduced traditionally,
iards. quoted erroneously; a farrago, in which the "Leyes de Indias,"
'H.
the "Siete Partidas," the "Nooisima Recopilacion," the Roman
A provision of the Recopilacion established the order of the Code, the ancient and the Royal Fueros - to say nothing of
sources so that questions not fully covered or not provided for in proclamation, decrees, notifications,orders, bandos - produce
subsequent decrees were to be decided in accordance with the gen- all the "toil and trouble" of the witches cauldron, stirred by
eral laws of Spain. It was not a complete compilation for the gov- the evil genii of discord and disputation."
ernment of the colonies,but rather an enumeration of exceptionsto v !
the common law of Spain. The method of the Recopilacionof the
( 4) Materials on the Spanish Laws
Indies was similar to that of the other compilation of Spanish laws.
No distinction had been made between laws and administrative a. Primary Materials
acts of a temporary nature. The result was a digest of the royal The official repositories of Spanish laws are the several edi-
enactments for the political, military and fiscal administration of tions published by governmental organs and by private persons
the colonies. under royal authority. Statutes and royal decrees making them
'effective in the Philippines are contained in the Boletin Oficial
g) Compilations Subsequent to the Recopilacion
"and in the Gaceta de Manila. The provisions of the aforemen-
The Recopilacion de las Indias is regarded as the basic collec- ·''tioned laws have been cited by numerous decisions of the Supreme
tion of the laws and regulations prior to the year 1680. For a later Court and Court ofAppeals in cases involvingtheir application and
period, Belena made a compilation which reproduced the regula- interpretation.
tions in extenso. Belena also re-published all the cedulas and de-
In WenceslaoE. Retana's five-volumework (1895-1905)enti-
crees promulgated from 1528 to 1677 collected previously by
~~led "Archivo de Bibliofilo Filipino," his short catalog of legal
Montemayor,adding to them those that had appeared from 1677 to
1'ni.aterials included folios of royal decrees and orders, and a few
1680. Belena's work did not receive official sanction, but it was
usually cited as authoritative. Covering later laws and decrees, codes:
there is also the chronologicalcompilation of A.X. Perez y Lopez, Codigo Penal de Filipinas y Ley Provisional sobre la
which contains uncollected materials; and elaborate and compre- aplicacion de las disposiciones del mismo por el "Faro Juridico"
hensive work of Zamora y Coronada, that of Rodriguez San Pedro, (revista bajo la direccion de Jose Maria Perez Rubio, Manila.)
128 LEGAL RESEARCH
STATUTORY LAW 129

Codigo Comercio para las Islas Filipinas y demas Archi-


pelago (Imprenta de R. Moreno y R. Rojas, Madrid.) Comercio; Gay de Montella, Tratado Practico de Sociedades
Mercantiles; Alvarez de Manzano, Codigo de Comercio; Danjon,
. Codigo Penal, Librong quinapapalamnan nang manga Derecho Maritimo; Farina, Derecho Comerica! Maritimo.167
parusang inilalaan sa mga casalanan nang manga sundalo (Maria
Perez Rubio, Manila.)166
(5) Legislation in the Philippines During the Spanish
Period
b) Secondary Materials
Under the Spanish rule, the legislative powers were shared
The rich source of secondary materials on Spanish Laws come
from the accepted Spanish commentators, namely: };>y three entities: (1) the Governor-General who could promulgate
executive decrees, edicts or ordinances with the force of law; (2) the
1) Civil Law: Royal Audencia which passed laws in the form of autos accordados,
Manresa, Commentarios al Codigo Civil Espanol; Castan and (3) the Crown of Spain acting through its councils.
Tobenas, Derecho Civil Espanol, Comun y Foral; Valverde, Serving as chief legislator was a governor-general who was
Tratado de Derecho Civil Espanol; Mucius Scaevola, Codigo assisted by two advisory bodies where he stood as President. The
Civil, Concordado y Commentado; Sanchez Roman, Estudios other entity exercising legislative powers in the Philippines was
de Derecho Ci Vil; Navarro Amandi, Custonario del Codigo the Royal Audencia which was the Spanish Supreme Court in the
Civil; De Buen, Derecho Civil Espanol Comun; Bonet, Derecho Philippines. The governor-general also stood as the President of
de Familia y Sucesiones; De Castro y Bravo, Derecho Civil de
this body.
Espana; Puig Pena, Tratado de Derecho Civil Espanol; De
Diego, Curso Elemental de Derecho Civil Espanol; Commun ci Many historians observed, however, that the legislative func-
y Floral; Espin Canovas, Manual de Derecho Civil Espanol; tion during the Spanish period was monopolized by a set of inter-
De Diego, Instituciones de Derecho Civil Espanol; Medina y locking bodies, where· the Chief Legislator, the governor-general,
Maranon, Leyes Civiles de Espana; Colin y Capitant, Curso exercising unbounded powers, also stood as President and member
Elemental del Derecho Civil; and Planiol y Rippert, Tratado of other bodies which were supposed to advise him. Filipino repre-
Practico del Derecho Civil. sentation was also largely absent in the legislative bodies.

c) The Period of the Philippine Revolution


2) Criminal Law:
In the closing years of the Spanish regime, the revolutionary
Viada, Codigo Penal; Cuello Calon, Derecho Penal;
government of Emilio Aguinaldo inaugurated a Congress on Sep-
Groizard, Codigo Penal de 1870; Rodriguez Navarro, Doctrina
Penal; Hidalgo, Codigo Penal; Ripolles, Codigo Penal; Puig Pena, tember 15, 1898 at the Barasoain Church in Malolos, Bulacan.
Derecho Penal; Pacheco, Derecho Penal. This Congress was later on referred to as the Malolos Congress.
The Malolos Congress, also known as the Assembly of Repre-
3) Commercial Law: sentatives, was the lawmaking body of the First Republic. It was a
unicameral body composed of representatives, one-third of whom
Benito, Derecho Mercantil; Blanco, Derecho Mercatil; had been chosen by the officials of the municipalities under the
Vivante, Tratado de Derecho Mercantil; Echevarri, Codigo de control of the Revolutionary Government, and the others appointed
by Aguinaldo to represent the areas under the American Army

166Gupit
and Martinez, A Guide to Philippine Legal Materials, Manila, Rex
Book Store, 1993, p. 20.
167 Moreno, op. cit., pp. 30-31.
130 LEGAL RESEARCH STATUTORY LAW 131

which could not send delegates. The Malolos Congress is best re- d) The American Period
memberod for framing the Malolos Constitution. The functions and The Treaty of Paris of 1898 which was ratified on April 1,
powers of the legislative branch of the First Republic was defined 1899 formally ended Spanish sovereignty in the islands and marked
and enumerated by the Malolos Charter as follows:
the beginning of American rule.
1. To watch over the interest of the Philippines' people; American occupation of the Philippines started with a Mili-
2. To carry out the revolutionary laws and discuss the vote tary Government by the U.S. Army which also discharged legisla-
upon said laws; tive functions by issuing "general orders."
3. To discuss and approve the accounts presented annually Pres. McKinley's Instructions to the Second Philippine Com-
by the Secretary of Finance, as well as "extraordinary mission on April 7, 1900 vested legislative powers in said Commis-
and other taxes which may be hereafter imposed." sion. These were later ratified by the U.S. Congress in the Philip-
pine Bill of 1902, and the legislative powers of the military govern-
Several reasons prompted the creation and convening of the
ment were transferred to the Commission.
Malolos Congress. Primarily, it was established to attract the coun-
try's elite - the intellectuals and the wealthy - to join the revolu- After the Philippine Commission certified on September 18,
tion. Secondly, the creation of a representative government was 1902 to the U.S. President that the insurrection in the Philippines
given primarily to make good impression on foreign powers. A popu- had ceased and the census was completed on March 28, 1905, the
lar Assembly was deemed necessary in order to enhance the image ~lections for seats in the Philippine Assembly were held on July 30,
of the new Republic. 1907.
The delegates of the Congress constituted the cream of the The Philippine Assembly was convened on October 16, 1907,
country's professionals and intellectuals. An official directory of the which together with the Philippine Commission, formed the Philip-
Malolos Assembly of Representatives listed a total of 201 members pine Legislature invested with the authority to legislate for all
who had served the body at one time or another. Most historians, parts of the Philippines outside of the non-Christian provinces.
however, have placed the Assembly membership at only 130. Over those inhabited by them, the Commission was the sole legis-
lative body. A large portion of the Philippine Bill however, was
The assembly despite the time constraints, turned out to be a
devoted to the regulation and control of public lands, mining, for-
prolific legislature. Its first official act was the ratification of the
ests, commerce, franchises, and municipal bonds. The Philippines
"Act of Declaration oflndependence" on 29 September. It also passed
had been completely under the control of Congress since the pas-
a number of important laws designed to protect the new Republic
sage of this Act.
from incursions of foreigners and to protect the local business and
labor. The Philippine Bill likewise extended to the Islands the guar-
antees of the Bill of Rights of the U.S. Constitution.
With the outbreak of the Philippine-American War in Febru-
ary 1899, the Assembly's activities were hampered by the emer- Until 1907, legislative power was vested in the Philippine
gency situation. Commission, the members of which continued to be appointed by
the President of the United States. From 1907, it was vested in a
Laws enacted by the provisional governments established dur-
bicameral legislature consisting of the Commission and the Philip-
ing the revolutions against Spain and the United States may be
pine Assembly. The Assembly was composed of 81 members elected
found, albeit scattered, among the various works of Philippine his-
by the Filipino people for a term of two years.
torians. The first successful attempt at compiling them (decrees,
orders, proclamations, etc.) is recorded in Guevara's edition of The The Philippine Autonomy Act of 1916, established a bicameral
Laws of the First Philippine Republic, published by the Na- Philippine Legislature. The Philippine Assembly becoming the House
132 LEGAL RESEARCH
r STATUTORY LAW 133

pine Senate composed of 24 members representing 12 senatorial


II del ciudadano filipino," entitled Gobierno Civil de las Islas
I Filipinas. Severiano Concepcion y Nava wrote in 1912 a Manual
districts.
l de procedimiento y reglas parliamentarias, "con una
With the exception ·of two who were appointed by the Gover- coleccion de formularios," with a prologue by Teodoro M. Kalaw.
nor-General to represent the non-Christian tribes, they were all This was published by Cultura Filipina. In 1919, Joaquin San
elected by the people for a term of six years. With the exception of Agustin published through the Bureau of Printing a book on Phil-
nine who were appointed by the Governor-General to represent the ippine laws, Repertorio de Iegislacion filipina. In the area of
non-Christian tribes, the other 81 members of the House of Repre- civil law, two American jurists, Charles A. Willard and Frederick C.
sentatives were elected by the people for a term of three years. Fisher, both prolific writers, pioneered in annotating the Spanish
Civil Code, both in the Spanish and English languages. Fisher
The Philippine Legislature was inaugurated on October 16 turned out two other compendiums later, one on civil procedure
1916 with Manuel L. Quezon as Senate President and Sergio and the other on stock corporations. All of them were published by
Osmefia as Speaker of the House.
Lawyers' Cooperative Publishing Co. of Rochester, New York.168
The legislative body reverted to a unicameral National As- Justice George A. Malcolm came out in 1916 a tome on the
sembly under the 1935 Constitution. However, the Constitutional Government of the Philippine Islands, a Lawyers' Cooperative
amendments of 1940 restored the bicameral legislature. publication. He wrote Comparative Constitutional Law in 1920,
Early repositories of legislative activities began with the crea- which he revised in 1928. Earlier, in 1923, Justice Malcolm put on
tion of the First Philippine Commission in 1900 as a fact-finding print a well-received work on Legal and Judicial Ethics which
agency and continued when the Commission was vested with law- he revised in 1949. In 1927, the Bureau of Printing also published
making powers. They are the Report of the Philippine Com- Malcolm's Revised Ordinances. In 1932, Justice Malcolm and
mission to the President (Government Printing Office 1900 4 Maximo Kalaw co-authored a book on the Philippine Govern-
Vols.) and the Report of the Philippine Commissio~ to the ment (Manila: Associated Publishers). Jose P. Laurel himself wrote
Secretary of War (GPO, 1900-1915, 25 Vols.) on the Election Law (Oriental Commercial, 1922; Bureau of Print-
ing, 1925) with a bilingual edition in 1928; Batas sa Halalan with
The legislative proceedings were published in the Diario de Miguel Tolentino as co-author (General Printing, 1930); and Ad-
Sesiones in 1907, which served as a daily record of the sessions of ministrative Law and Practice in 1932. He also had works pub-
the Philippine Commission and Philippine Assembly. During the lished by Cecilio Press in 1934 on the appreciation of ballots and by
Commonwealth era, it was succeeded by the Congressional Ilagan and Sanga in 1940 on the Election Law.169
Record which reported the proceedings of the unicameral National
Assembly and later, of the bicameral Congress. Its publication was From the establishment of the American civil government in
temporarily suspended during the war and resumed in 1945. The 1900 to 1935, there were 4,275 laws passed by the Philippine Com-
Re~ord for the House of Representatives was written in English, mission and its bicameral successor, the Philippine Legislature.
while that for the Senate appeared in both English and Spanish. These statutes are contained in the Bureau of Printing 31-volume
set, Public Laws, in English and Spanish editions. The contents
Official compilation oflaws in the Philippines during the Ameri- of each volume include: (1) numerical list of acts; (2) list of amended
can Period may be found in the Compilation of Acts of the or repealed acts; (3) text of acts; (4) list of codes, general orders, or
Philippine Commission (Bureau of Printing, 1908), embracing executive orders amended or repealed acts; (5) appendices, usually
acts of the Philippine Commission and military orders in force on embodying important executive orders and proclamations, resolu-
October 15, 1907 and omitting all private, special, temporary, and
local acts and laws which do not constitute a part of the general
and permanent legislation of the islands.
168Gupit, op. cit., pp. 21-22.
Pedro Paterno published in Madrid in 1903, El Regimen 169ld., pp. 23-24.
Municipal de las Islas Filipinas; and, later, in 1910, a "manual
134 LEGAL RESEARCH STATUTORY LAW 135

tions, and acts of U.S. Congress applicable to the Philippines; (6) Resolutions,· also a publication of the Bureau, the post-war laws
alphabetical list of executive order and proclamations of the betical of the Commonwealth appear, particularly its Vol. 1, while the
list of executive order and proclamations of the betical list of execu- OfficialGazette embodies all the Commonwealthstatutes. The leg-
tive order and proclamations of the Governor (Military and Civil); islation for this period should be cited as Com.Act No. 613 (1940).
and (7) general index. The Philippine Permanent and General Statutes, Vol. 1
Volume 31 of Public Laws has the distinctive features of a contains the CommonwealthActs from CA 1 to CA 137 while Vol. 2
complete list of all amended and repealed acts, and a cumulative contains CA 138 to 732.
general index of the 4,275 statutes, making it the most valued book
in the collection.The Bureau of Printing has also printed the laws f) The Japanese Period
in a smaller sized edition, bereft of lists, appendices and indices, in During the Japanese period, the 1943 Constitution provided
volumes corresponding to the set of Public Laws. The Official for a unicameral legislature known as the National Assemblyheaded
Gazette is another repository of these statutes. Legislation for this by the Speaker to be composedof the provincial governors and city
period should be cited as Act No. 1160(1904). mayors as members ex-officio and of the delegates to be elected
The Philippine Permanent and General Statutes, of the every three years, one from each and every province and chartered
UP Law Center publishes the statutes enacted in the country since city.
the Philippine Commission,which are still in force and of perma- Some laws passed by the National Assembly were published
nent and general character. Vol. 1 of this publication publishes the in the Official Gazette.
Acts of the Philippine Commission,PhilippineAssembly and Phil-
ippine Legislature up to CommonwealthAct 137. Upon the defeat of the Japanese forces in the Philippines, the
civilian government was restored. Elections for the bicameral legis-
Special statutes have been compiled in publications such as lature was held on April 23, 1946 and on July 4, 1946, the Philip-
Compilation of Laws and Regulations Relating to Public pines was granted independence by the United States.
Lands in the Philippine Islands (Bureau of Printing, 1921) and
Internal Revenue Laws of the Philippines (Bureau of Print- g) The Period After Independence
ing, 1937)which contains laws concerninginternal revenue in force
on January 1, 1937 and compiledunder the direction of the Collec- Upon independence, there were 6,635 RepublicActs that were
'tor of Internal Revenue. legislated by a bicameral Congress from July 4, 1946 to September
; 21, 1972. The repository of these statutes is the government publi-
e) The Commonwealth Period . cation, Laws and Resolutions. The contents are: (1) text of acts;
(2) simple, joint, and concurrent resolutions of the House of Repre-
The 1935 Constitution provided for a unicameral National sentatives and the Senate; and (3) alphabetical index.
Assembly until the Constitutional amendment of 1940 which re-
stored the bicameral legislature. The Commonwealth period wit- The Laws and Resolutions has the followingvolumes:
nessed the enactment of 733 statutes. The first 412 acts were pub- Vol. I (Rep. Acts Nos. 1-89)
lished in 2 volumes known as Public Laws of the Common- Vol. II (Rep. Acts Nos. 90-197)
wealth. The continuation of this set was interrupted by the war
and subsequently abandoned. The contents are patterned after the Vol. III (Rep. Acts Nos. 198-342)
original Public Laws. Vol. IV (Rep. Acts Nos. 343-421)
A collectionof all 733 statutes of the CommonwealthGovern- Vol. V (Rep. Acts Nos. 422-590)
ment has been published in English and Spanish by the Bureau of Vol. VI (Rep. Acts Nos. 591-673)
Printing in 6 volumes (1935-1946),entitled Commonwealth Acts,
.. ,.;thnnt tho <>rlrlorl ro .. +.nTPR of +.hP Pnhli~ Laws. In Laws and Vol. VII (Rep. Acts Nos. 674-833)
136 LEGAL RESEARCH
r
I
STATUTORY LAW 137

Vol. VIII (Rep.Acts Nos. 834-972)


stalled a revolutionarygovernment and promulgated the provisional
Vol. IX (Rep.Acts Nos. 973-1201) or freedom constitution of 1986. She assumed legislative powers by
Vol..X (Rep.Acts Nos. 1202-1411) using Executive Orders. Meantime, she appointed a Constitutional
Vol. XI (Rep.Acts Nos. 1412-1613) Commissionto draft a new Constitution.
Vol. XII (Rep. Acts Nos. 1614-2049) From February 25, 1986 until the convening of the Congress
of the Philippines on July 26, 1987; a total of 302 Executive Orders
"t/ol. XIII (Rep.Acts Nos. 2050-2093) were issued by President Corazon C. Aquino and cited as Exec.
Vol. XIV (Rep.Acts Nos. 2094-2616) Order No. 1 (1986).
Vol. XV (Rep.Acts Nos. 2617-3020) The laws issued by the martial law (Marcos)and revolution-
Vol. XVI (Rep.Acts Nos. 3020-3450) ary (Aquino)regimes above mentioned are contained in the follow-
ing publication:
Vol. XVII (Rep.Acts Nos. 3451-3511)
Vol. XVIII (Rep.Acts Nos. 3513-3846) 1. CBSI, Vital Legal Documents in the New People's
Government (Contents: PD, GO, BP, EO, LOI, RA, etc.), 116 Vols.;
Vol. XIX (ReP,. Acts Nos. 3847-4172)
2. Vital Legal Documents in the New People's Gov-
Vol. XX (Rep. Acts Nos. 4173-4641) ernment (Contents: PD, GO, BP, EO, LOI, RA, etc.), 29 Books;
The Official Gazette also publishes the texts of prominent 3. Vital Legal Documents (Second Series). · Contents:
statutes, with their latest amendments, in pamphlet form and loose Republic Acts, Selected Executive Orders, Guidelines, Rules and
copies. The legislation for this period should be cited as Rep. Act Regulations Issued by Various Government Law-enforcingAgen-
No. 1792 (1957). cies.
The Philippine Permanent and General Statutes, Vols.
II, III, IV and V contain the RepublicActs of this period. j) Period Under the 1987 Constitution
The 1987 Constitution restored a bicameral congress with a
h) The Martial Law Period Senate and House of Representatives which is still the legislature
During the martial law period, a total of 2,036 Presidential up to the present.
Decrees were promulgated as of February 20, 1986 which were is- From 1987 up to the present, the new Congress had enacted
sued first in loose-leaf mimeographed form by the legislation secre- 2,503 laws, from RA 6636 up to RA 9139.
tary of the Officeof the President and cited as: Pres. Decree No. 603
(1975); while 891 Batas (Legislative Acts) were passed by the 3. Publications on Philippine Statutes, In General
Batasang Pambansa (LegislativeAssembly)as of February 1, 1986 The Official Gazette contains all legislative acts and all reso-
which were compiledin a bookpublished by the Batasang Pambansa lutions of the Legislature, of a public nature, all executive orders,
itself and cited as Batas Blg. 80 (1981), Acts and Res., 1980-81, 1-30. such decisions or abstracts of decisions of the Supreme Court as
The Philippine General and Permanent Statute, Vol. V may be deemed by said court of sufficient importance, and other
contains PD 1 to PD 366. official documents as are usually published in an official gazette,
such as administrative orders and regulations issued by depart-
i) Aquino's Revolutionary Government ments, bureaus and offices and legal and officialnotices.
The publication of any law, resolution or other official docu-
In 1986, Corazon Aquino was installed as President by the
ments in the Official Gazette is prima facie evidence of its authen-
people power at EDSA. She dumped the 1973 Constitution, in-
ticity.
STATUTORY LAW 139
138 LEGAL RESEARCH

issued by President Corazon C. Aquino. From 1987, 2,524 Republic


The secondary sources on Philippine Statutes can be found in: Acts have been passed, the latest of which is R.A. 9160 otherwise
known as "Anti-Money Laundering Act of 2001" which was signed
J. Guevara, Public Laws Annotated, 7 v.; into law in October, 2001.
2. Guevara, Commonwealth Acts Annotated, 3 v.;
3. Jacobo & Sons, Public Laws of the Commonwealth, a. LEGISLATION IN THE PHILIPPINES
4 volumes which was accepted as substitute reference for (1900-.2001)
the official publication;
PERIOD LEGISLATIVE NAME OF NUMBER OF FIRST LAWS
4. Moran's Index to Republic Acts, with 1957 Suppl.; AUTHORITY STATUTES STATUTES PASSED
ENACTED
5. Index to Republic Acts, 1946-1965 by Juan Rivera; Act 1 - Appropriating
1900·1935 Philippine Commission, Acts 4,275
Philippine Assembly, $2M for highways and
6. The Philippine Annotated Laws (P.A.L.) of the Law- bridges
Philippine Legislative
yers Cooperative Publishing Co. compiled all laws of gen-
1935-1941 National Assembly, Commonwealth Acts 733 CA 1 - Providing for
eral and permanent nature in force as of January 1, Congress National Defense of the
1956 which group together various laws having a com- Phils.
mon subject matter, annotated with all decisions of the 1946-1972 Congress Republic Acts 6,635 RA 1 - Appropriating
Funds for Gov't of the
Supreme Court interpreting theni. Cumulative supple- Commonwealth July 1,
ments were issued periodically; 1946-1947
1972-1986 Marcos as Legislator under Presidential Decrees 2,036 PD 1 - Reorganizing
7. Vital Legal Documents Index Guide, 1976; Martial Law the Executive Branch
of the Gov't
8. Aguirre, Subject & Title Index to Executive Orders,
Batasang Pambansa (1978- Batas Pambansa 891 BP 1 - Appropriating
Feb. 25, 1986-July 26, 1987. .
'
1986) Funds for the Govern-
ment from Jan. 1 to
Dec. 31, 1979
4. Summary of Philippine Legislation 1986-1987 President Aquino as legis- Executive Orders 302 E0-1 - Creating the
lator in the Revolutionary PCGG
The statutes of the Philippines are found in the various Gov't
enactments of the Philippine Legislature since its promulgation in ; 1987- Congress Republic Acts 2,524 RA 6636 - Resetting
1900. From the establishment of the American civil government in · to present Local Elections from
Nov. 9, 1987 to Jan. 18,
1900 to 1935, there were 4,275 laws passed by the Philippine Com- 1988
mission and its bicameral successor, the Philippine Legislature.
The Commonwealth period witnessed the enactment of 733
b. List of Codes Enacted by Philipppine
statutes.
Legislatures
Upon independence, there were 6,635 Republic Acts that were
legislated by a bicameral Congress from July 4, 1946 to September The following codes have been enacted in the Philippines:
21, 1972.
1. Codigo de Comercio Royal Decree Dec. 1, 1888
During the martial law period, a total of 2,036 Presidential 2. Corporation Law Act 1459 April 1, 1906
3. Administrative Code of 1917 Act No. 711, as amended Oct. 01, 1917
Decrees were promulgated by President Marcos as of February 20,
4. Revised Penal Code Act No. 3815 Dec. 08, 1930
1986 while 891 Batas (Legislative Acts) were passed by the Batasang 5. National Internal Revenue Com. Act. No. 466, June 15, 1939
Pambansa (Legislative Assembly) as of February 1, 1986. From Code of the Phils. as amended
February 25, 1986 until the convening of the Congress of the Phil- 6. Revised Election Code R.A. 180 June 21, 1947
ippines on July 26, 1987, a total of 302 Executive Orders were
140 LEGAL RESEARCH
STATUTORY LAW 141

7. Civil Code of the Philippines R.A. 386 June 18, 1949


8. Tariff and Customs Code R.A. 1937 June 22, 1957 43. National Code of Marketing
9. Agricultural Land Reform of Breast Milk Substitute E.O. 51 Oct. 20, 1986
Code R.A. 3844, as amended Aug. 8, 1963 44. Family Code of the E.O. 209 as amended July 17, 1987
10. Lana Transportation arid Philippines by E.O. 22
Traffic Code R.A. 4136 June 20, 1964 45. Administrative Code of 1987 E.O. 292 July 25, 1987
11. Election Code 1971 R.A. 6388 Sept. 2, 1971 46. Comprehensive Agrarian
Reform Law R.A. 6657 June 10, 1988
12. Code of Agrarian Reform R.A. 6389 Sept. 10, 1971 47. Code of Conduct and Ethical RA. 6713 April 21, 1989
13. National Building Code Standards for Public
of the Phils. R.A. 6541 Aug. 26, 1972 Officials and Employees
14. Amending Tariff and Cooperative Code of the
48.
Customs Code P.D. 34 Oct. 27, 1972 March 10, 1990
Philippines R.A. 6938
15. Local Tax Code P.D. 231, as amended June 28, 1973
49. Local Government Code
16. Forestry Reform Code P.D. 389 Feb. 5, 1974
of 1991 R.A. 7160 Oct. 10, 1991
17. Labor Code of the Philippines P.D. 442, as amended May 1, 1974
Real Property Tax Code 50. Omnibus Investment Code E.O. 226 Feb. 17, 1995
18. P.D. 454, as amended May 23, 1974
19. Child and Youth Welfare Code P.D. 603, as amended Dec. 10, 1974 51. Intellectual Property Code R.A. 8293 June 6, 1997
20. Insurance Code of the 52. Tax Reform Act of 1997 R.A. 8424 Dec. 11, 1997
Philippines P.D. 612 Dec. 18, 1974 53. Flag and Heraldic Code of
21. Revised Forestry Code P.D. 705 May 19, 1975 the Philippines R.A. 8491 Feb. 12, 1998
22. Code of Sanitation of the 54. Philippine Fisheries
Philippines P.D. 856 Dec. 13, 1975 Code of 1998 R.A. 8550 Feb. 25, 1998
23. ·- Land Transportation and 55. Revised National Plumbing
Traffic Code P.D. 896 Jan.26, 1976 Code of the Phils. --·Resolution No. 04-99 Sept. 30, 1999
24. Coconut Industry Code P.D. 961 July 14, 1976 56. The Securities Regulation
25. Land Transportation and
Code R.A. 8799 July 19, 2000
Traffic Code P.D. 1057 Nov. 30, 1976
26. Water Code of the Philippines P.D. 1067 Dec. 31, 1976
27. Code of Personal Muslim Law
of the Phils. P.D. 1083 Feb. 4, 1977 E. Administrative Rules and Regulations
28. National Building Code, Administrative acts and commands of the President of the
as amended P.D. 1096 Feb. 19, 1977
29. Philippine Environment Code P.D. 1152 June 6, 1977 Philippines touching on the organization or mode of operation of
30. Fire Code of the Philippines P.D. 1185 Aug. 26, 1977 the government of the rearranging or readjustment of the districts,
31. Tariff and Customs Code P.D. 1464, as amended June 11, 1978 divisions, part or parts of the Philippines and all acts and com-
32. Insurance Code on
Mutualization of Stock P.D. 1280 Jan. 6, 1978
mands governing the general performance of duties by public em-
Life Insurance Companies ployees or disposing of issues of general concern are made effective
33. Election Code of 1978 P.D. 1296 Feb. 7, 1978 by the issuance of Executive Orders. Those orders fixing the dates
34. Government Auditing Code when specific laws, resolutions or orders are to have or cease to
of the Philippines P.D. 1445 June 11, 1978
35. Tariff and Customs Code P.D. 1464 June 11, 1978 take effect and any information concerning matters of public mo-
36. Tariff and Customs Code P.D. 1498 June 11, 1978 ment determined by law, resolution, or executive orders, take the
37. Insurance Code of 1978 P.D. 1460 June 11, 1978 form of executive proclamations. Ordinarily, administrative orders
38. Insurance Code P.D. 1455 June 11, 1978
39. Corporation Code of the are confined to the exercise by the President of the Philippines of
Philippines B.P. Blg. 68 May 1, 1980 his power deciding administrative cases. Sometimes they may con-
40. Land Transportation and tain regulations for the conduct of subordinate officers in the ex-
Traffic Code P.D. 1814 Jan. 11, 1981 ecutive department in the performance of their official duties.
41. Land Transportation and
Traffic Code P.D. 1934 June 11, 1984 Executive Orders and Proclamations of the Governor-General
42. Omnibus Election Code B.P. Blg. 881 Dec. 3, 1985
during the American period were published annually in a set en'ti-
142 LEGAL RESEARCH STATUTORY LAW 143

tied "Executive Orders and Proclamations." Thirty-three vol- 3. Publications on Administrative Rules and Regula-
umes were published until 1935, by the Bureau of Printing. tions

During the Commonwealth Period, the administrative acts These orders, rules and regulations are usually published in
and orders of the President were published in the Executive Or- the Official Gazette, those imposing penalty for their violation
ders in four volumes; Proclamations in seven volumes, covering must be published in the Official Gazette before they become
period from 1935 to 1941. effective. Each department, bureau or agency issuing such orders,
rules and regulations are expected to keep official records and files
All those executive orders, administrative orders and procla- thereof and mimeograph copies are usually made available to the
mation are published in the Official Gazette and in the Public public.
Laws as appendices.
General studies made of administrative offices and their rule-
To assist the President of the Philippines in the performance making power include: Carreon, Administrative Law; Fernando
of his executive functions, various departments, bureaus, agencies & Fernando, Administrative Law; Martin, Administrative Law,
and other offices under them have been established. The head of and Revised Administrative Code; and Rivera, Administrative
the departments, and head of bureaus and other agencies; are au- Law of the Philippines.
thorized to issue orders, rules and regulations for the proper and
Materials containing Administrative Rules and Regulations
efficient performance of their duties and functions or the effective
are also found in: The National Administrative Register con-
enforcement of the laws within their respective jurisdiction. How-
taining rules and regulations, circulars, memoranda and other offi-
ever, i1_1, order that such rules and regulations may be valid they
cial issuances issued by different. government agencies, published
must be within the authorized limits and jurisdiction of the office
quarterly; Vols. 1 to 12 (1990-2001) by the UP Law Complex.
issuing them and in accordance with the provisions of law author-
izing their issuance. Publications by the particular administrative agencies are as
follows:
Government agencies may also be grouped together in accord-
ance with their powers and functions.
a. , Civil Service Commission
1. Agencies with implied quasi-legislative powers Book V of the Revised Administrative Code of 1987 on
the Civil Service Commission. Lays down the basic policies and
Examples are the Bureau of Forestry, Bureau of Prisons, Na-
tional Bureau of Investigation, Bureau of Tourism Services, De- provisions of the law on the CSC as the central personnel agency of
partment of Social Welfare and Development. They have adminis- the government. It also presents the systems and procedures by
trative rules and regulations which have not been expressly di- which the operation of the civil service are to be based including
rected by law to be issued, but they are necessary in the proper personnel administration.
discharge of the functions of the agency. Omnibus Rules Implementing Book V of Exec. Order
292 and Other Pertinent Civil Service Laws. Lays down the
2. Agencies with express quasi-legislative powers implementing rules adopted and prescribed by the CSC to carry
These are the Government Service Insurance System, Social out the provisions on civil service embodied in Book V of the Re-
Security System, Department of Labor and Employment, Bureau of vised Administrative Code of 1987. Also includes the revised rules
Internal Revenue, Philippine Medical Care Commission, Board of on appointments and other personnel actions and new rules on
Investments. They are specifically authorized by law to promulgate leave.
implementing rules and regulations.'?" Uniform Rules on Administrative Cases in the Civil Serv-
ice. Embodies the uniform rules of procedure in the conduct/adju-
170Jd., pp. 130-131.
dication of all a~strative proceedings, either disciplinary or
STATUTORY LAW 145
144 LEGAL RESEARCH

the basis for all agency personnel actions such as promotion and
non-disciplinary, in the civil service both at the commission and grant of productivity incentive bonus.
agency levels. It also contains the revised schedule of penalties for
and the classifications of administrative offenses. Memorandum Circulars 1992-2000. An annual compilation
of all memorandum circulars issued by the CSC in book form. Memo-
Rules Implementing the Code of Conduct and Ethical randum Circulars are compiled per year.
Standards for Public Officials and Employees (RA 6713). Lays
Qualification Standards Manual. Contains an alphabeti-
down the prescribed rules set by the CSC in the application/imple-
cal listing of roughly 4,000 positions in government service with
mentation of the provisions of RA 6713 otherwise known as the
corresponding educational, experience, training and eligibility re-
Code of Conduct and Ethical Standards for Public Officials and
quirements. It also includes the positions' respective salary grade
Employees. Includes the full text of RA 6713.
'level, and sector classification. The qualifications listed in this
Revised Omnibus Rules on Appointments and Other Per- 'manual are the minimum requirements set by the CSC for each
sonnel Actions. Consolidated general rules and policies on ap- position; agencies are not precluded from setting higher standards
pointments and other personnel and.other personnel actions in the that will suit their needs.
civil service. This manual also lays down the responsibilities of the
CSC Memo Circulars Index (1988-1998). Contains a list-
human resources management officer/personnel officer, certain
ing of all memo circulars issued by the CSC covering the period
modes of separation from the service and prohibitions.
't988 to 1998, classified according to subject. It also indicates the
Omnibus Rules on Leave. A handbook containing pertinent newspaper and date of publication for circulars which were pub-
policies and implementing rules and regulations governing leave lished to ascertain their respective dates of effectivity;
administration, Also includes a listing of leave privileges/benefits Manual on Definitions of--Administrative Offences in
and their corresponding entitlement and availment; illustration of the Civil Service. A handbook of definitions to serve as aid for
how to compute leave credits and monetization. legal practitioners as well as government workers involved in han-
Personnel Officers Manual. Outlines the responsibilities of 1dling administrative cases and other legal matters.
the personnel officer in the different areas of human resource man-
agement and development such as recruitment and examination, b. Securities and Exchange Commission
promotion, performance evaluation, appointments preparation, leave 1. SEC Polio, 1946-1976;
administration, retirement, personnel relations, discipline, benefits, 2. SEC Bulletin;
rewards, incentives and career development. It also discusses the
3. SEC Weekly Bulletin;
legal authority and objectives of the Council of Personnel Officers.
c. Central Bank
Revised Policies on Performance Evaluation System.
Presents a comprehensive discussion of the revised policies on per- 1. Financial Journal;
formance evaluation in the civil service adopted by the CSC to 2. Central Bank Annual Reports and Compilations;
install and implement performance-based security of tenure. The
PES aims to draw up an objective assessment of employee perform- d. Department of Labor and Employment
ance. 1. Rules and Regulations implementing the Labor
Code;
Agency Performance Evaluation System (A Model). A
model for the development of PES designed by the CSC. The PES e. Department of Agrarian Reform
Model will help or guide agencies in preparing their respective PES
1. Comprehensive Agrarian Reform Program and Presi-
based on corresponding policies and its proper application. Compli-
dential Issuances;
ance with the revised PES by agencies is crucial as it will serve as
STATUTORY LAW 147
LEGAL RESEARCH

ipartment of Justice F. Ordinances Enacted by the Autonomous Region


Department of Justice, Revised Circulars, 1963; The 1987 Constitution created the Autonomous Regions in
Muslim Mindanao and in the Cordillera. The legislative assemblies
mgerous Drugs Board of these autonomousregions enact ordinances to govern the region
Dangerous Drugs Board Regulations (1988); and may create administrative agencies to operate in the regions.

oard of Investments G. Ordinances Enacted by Local Government Units


Omnibus Investments Codeand Implementing Regu- The basic local government units are the provinces, cities,
lations (1989); municipalities and barangays. Each of these units have lawmaking
ffice of the Insurance Commission powers to pass what is commonlycalled "ordinances" (to distin-
guish them from statutes enacted by Congress) which are usually
. Insurance Reporter.
of local interests only.
materials include: A local ordinance ia legally ineffectiveif inconsistent with stat-
:BSI, Comprehensive Agrarian Reform Law which utes enacted by Congress.
Iso contains the list of DARAdministrative Orders and The Local Government Code of 1991 provides:
rilemorandum Circulars, 2000;
"Sec. 16. General Welfare. - Every local government unit
vlilagros A. German, Administrative Orders and Ex- shall exercise the powers expressly granted, those necessarily
ecutive Issuances in Implementing PD 27 and the implied therefrom, as weii as powers necessary, appropriate,
0ARL-RA 6657 from 1988to 1994, 1996 Ed.; or incidental for its efficient and effective governance, and
CBSI, The Intellectual Property Code of the Philip- those which are essential to the promotion of the general wel-
[pines (RA 8293) with Movieand TelevisionReview and fare. Within thei~ respective territorial jurisdictions, localgov-
Classification Board, Videogram Regulatory Board and ernment units shall ensure and support, among other things,
their implementing rules and regulations, issuances, and the preservation and enrichment of culture, promote health
related special laws, 1999 Edition; and safety, enhance the right of the people to a balanced e.col-
ogy, encourage and support the development of appropnate
CBSI, Philippine National Police Law, with Imple- and self-reliant scientific and technological capabilities, im-
menting Rules and Regulations, Criminal Procedure, Evi- prove public morals, enhance economicprosperity and social
dence, NAPOLCOMand DOJ Circulars, and Related/Per- justice, promotefull employmentamong their residents, main-
tinent Laws, 1997 Edition; tain peace and order, and preserve the comfort and conven-
CBSI, 1998 Supplement to PNP Law: RAs 6963, 8505, ience of their inhabitants."
8551, Manual of Procedure for the PLEBs, etc.; This is the so-called "general welfare clause" which empowers
Rodriguez,R.B., The Laws and Regulations Govern- local government units to enact and implement measures for the
ing the 1998 National and Local Elections, 1998Edi- general well-being of their inhabitants. Its basis is the policepower
tion; of the State as delegated to local government units. ·
Sibal, J.A.R., Omnibus Election Code Annotated, with Verily, the powers of a local government unit are not absolute.
Comelec Rules of Procedure, Rules of Senate, House of They are subject to limitations laid down by the Const~tutionand
Representatives, Comelec Resolutions, Related Special the laws such as our Civil Code. Moreover, the exercise of such
Laws and Forms, 1992 (Reprinted 1997). powers should be subservient to paramount considerations of health
STATUTORY LAW 149
148 LEGAL RESEARCH

and well-being of the members of the community. Every local gov- II. Computerized Legal Research Services
ernment has the sworn obligation to enact measures that will en- The texts of the Constitutions and statutes above m~ntioned
hance the public health, safety and convenience, maintain peace may be sourced from two computerized legal research services.
and order, and promote the general prosperity of the inhabitants of
The Lex Libris, produced by CD Asia, Inc. has the following
the local units. Based on this objective, the local government should
refrain from acting towards that which prejudice or adversely af- databases:
fect the general welfare. (Makasiano vs. Diokno, 212 SCRA 464). l. Laws (Philippine Edition), Vol. I;
The Local Government Code of 1991 also provides: 2. Taxation (Phil. Edition), Vol. II;

"Sec. 511. Posting and Publication of Ordinances with 3. Jurisprudence, (The Philippine Supreme Court Reports),
Penal Sanctions. - (a) Ordinances with penal sactions shall
be posted at prominent places in the provincial capitol, city, Department of Justice (Opinions of the Secretary), Vol.
'iJd. I 4.
municipal or barangay hall, as the case may be for a mini-
mum period of three (3) consecutive weeks. Such ordinances
IV;
shall also be published in a newspaper of general circulation, w'1 , 5. Local Autonomy and Local Government, Vol. V;
where available, within the territorial jurisdiction of the local 6. Environment and Natural Resources, Vol. VI;
government unit concerned, except in the case of barangay
7. Labor and Social Legislation, Vol. VII;
ordinances. Unless otherwise provided therein, said ordinances
shall take effect on the day following its publication, or at the 8. Elections, Vol. VIII;
end of the period of posting, whichever occurs later. · ·
9. Trade, Commerce and Industry, Vol. IX;
(b) Any public officer or employee who violates an ordi-
10. Bangko Sentral ng Pilipinas, Vol. X;
nance may be meted administrative disciplinary action, with-
out prejudice to the filing of the appropriate civil or criminal 11. Securities and Exchange Commission, Vol. XI;
action. The Philjur, produced by Gigabytes Research Systems, Inc.
(c) The secretary to the sanggunian concerned shall also has a database on all laws of the Philippines.
transmit official copies of such ordinances to the chief execu-
tive officer of the Official Gazette within seven (7) days follow-
ing the approval of the said ordinance for publication pur-
poses. The Official Gazatte may publish ordinances with pe-
nal sanctions for archival and reference purposes."

The official repositories of the ordinance of the City of Manila


were the Official Gazette and the Bureau of Printing Publication,
Ley Organica y Ordenanzas Revisadas (1918), and the Re-
vised Ordinances of the City of Manila (1936). The Gazette -H;1
however stopped publishing city ordinances shortly after the war.
Another publication of the Printing Office was the annotation and
compilation prepared by Justice Malcolm, The Charter of the
City of Baguio and the Revised Ordinances of the City
Baguio. Important ordinances of the City of Manila appear in
legal periodicals.
CASE LAW 151

3. Commission on Audit
4. National Labor Relations Commission
CHAPTER 5 5. Insurance Commission
6. Housing and Land Use Regulatory Board
CASE LAW 7. Department of Agrarian Reform Adjudication Board

B. The Philippine Judicial System


A. Case Law 1. Pre-Spanish Period
While statute law is derived from the lawmaking agencies of Disputes are inevitable in any society, and Filipino society
the government, case law comes from the judicial authorities of the before the arrival of the Spaniards was not an exception. But the
State. disputes were usually, though probably not always, decided peace-
fully through a "court" composed of the chieftain as judge and the
The second major category of primary sources of law in the barangay elders as "jury."
Philippines after fae statutes is judicial decisions. ·
Trials were held publicly and decisions were rendered promptly.
Case law may be diVided into:
The accuser and the accused faced each other with their respective
witnesses. The latter, to show their honesty and sincerity, took an
1. Decisions Proper oath to this effect: "May the crocodile devour me if I tell any false-
a. Decisions of the Supreme Court hood." "May the lightning strike me if I don't tell the truth and
nothing but the truth." May I die here and now if tell a lie." May
b. Decisions of the Court of Appeals the sun and the moon frown upon me." It was as simple as that:
c. Decisions of the Sandiganbayan there was no bible to put one's right hand on, unlike today when
the Bible is not taken seriously by these who swear by it.
d. Decisions of the Court of Tax Appeals
The disputants then began presenting their arguments, but-
e. Decisions of the Regional Trial Courts tressed by the testimonies of their respective witnesses. The chief-
f. Decisions of the Metropolitan Trial Courts, the Munici- tain listened attentively and the elders took mental notes of the
arguments. The disputant with more witnesses to his side was
pal Trial Courts and the Municipal Circuit Trial Courts
adjudged as winner. Naturally, not a few losers contested the deci-
sion. In this case, the chieftain, acting as Judge and executive,
2. Subordinate Decisions enforced his judgment by siding openly with the winner and com-
a. Decisions of the Senate Electoral Tribunal and the House pelling the defeated party to respect the judgment of the honorable
of Representatives Electoral Tribunal court. Under such circumstances, the defeated party had no other
recourse than to bow to the inevitable.
b. Decisions of Administrative Agencies Exercising Quasi-
Judicial Powers, such as: 2. Spanish Period
1. Commission on Elections a. In general
2. Civil Service Commission On September 10, 1519, the great Portuguese explorer Fernao
de Magalhais (Ferdinand Magellan), sailed for the crown of Castille,
150 leaving San Lucar de Barrameda in Spain with five leaky vessels
152 LEGAL RESEARCH CASE LAW 153

and 265 men to launch history's greatest voyage. After six months Real Audiencia; d) the Alcaldes-Mayores (Courts of First Instance);
spent crossing the Atlantic and following the American coast south- and e) the Gobernadorcillos (Justice of the Peace Courts).171
ward, Magellan found the passage that bears his name and rounded
At the base of the judicial structure was the gobernadorcillo
Cape Horn. Upon entering the calm waters of a huge ocean, he
who governed the town or pueblo. He had jurisdiction over all civil
christened it La Pacifica. Three months and thousands of kilometers
cases arising among Indios, Chinese mestizos and Chinese that .
later, on March 16, 1521, Magellan landed in the Philippines.
involve small sums, i.e., at a certain point, not more than forty-four
Magellan's arrival in the Philippines in 1521 became the basis pesos, and petty criminal cases, i.e., at a certain period, exceeding
for Spain to claim and colonize the islands. Three Spanish expedi- sentences of ten days imprisonment or fines of five pesos.
tions were sent to the islands which all ended in failure. Finally on The alcalde mayor, in pacified areas and the corregidor in
November 21, 1564, Miguel Lopez de Legaspi sailed from Navidad, unpacified areas, exercised judicial powers in the provinces and
Mexico to the "islands of the West towards the Moluccas" and sub- had jurisdiction in the first instance over both civil cases and in
sequently landed in the Visayan islands and founded the City of most criminal matters. They also acted as appellate judge for suits
Cebu in 1565. Manila was later founded as a capital city in 1571. originating from the gobernadorcillo.
The foundation of Spanish sovereignty over the Philippines had /

been laid. The Real Audiencia of Manila, which was the supreme tribu-
nal in the Philippines, both had civil and criminal jurisdiction in
The administration of justice in the Philippines during the cases of appeal from the alcalde mayor or corregidor. However, the
Spanish period had five components - the law, the judiciary (which Real Audiencia performed other functions aside from its judicial
included both ordinary and special courts and the prosecution), the duties.
law enforcement agencies, the prison system and the legal profes-
sion. At certain periods, before the creation of the Real Audiencias
and during its abolition, the Governor had supreme judicial powers
Firstly, there was a need for a body of laws to govern the in the Philippines. Even after the establishment of the Audiencia,
conduct of the people and regulate the relations among individuals the Governor continued participating in the judicial affairs as Presi-
and between the individual and the sovereign. Secondly, the judi- dent of the Audiencia.
cial system provided the mechanism for the adjudication of dis-
The decisions of the Real Audiencia in certain cases were
putes among individuals and between the individual and the gov- i'
appealable to the Council of the Indies in Seville, Spain. When the
ernment or state. Thirdly, law enforcement agencies were needed
Council was abolished in 1834, its judicial functions were assumed
to uphold the law and enforce the decisions rendered by the judici-
by a newly created Tribunal Suprema de Espana de Indias.
ary. Fourthly, there had to be a prison system for public punish-
ment of those who violated the law. Lastly, a group of persons with Since the Council of Indies was a creation of the King, the
legal training manned the judicial posts and acted as advocates of unquestioned head of Spanish government, the latter as absolute
individuals in protecting their rights. ruler, had the power to reverse the rulings of the Council of the
Indies.
During the Spanish period, the laws governing the Philip-
pines consisted of laws of general application in Spain which were The judicial system, likewise, included special courts for cer-
made applicable to the Philippines; laws specially promulgated by tain special classes of persons, such as the ecclesiastical courts for
competent authorities, such as the Council of the Indies, to govern the religious, the army and navy courts for military personnel and
the Spanish colonies like the Philippines; and laws or regulations the commercial courts for merchants. Other special courts for spe-
promulgated by the Spanish authorities in the country. cial matters consisted of the Contentious Court for complaints
against the administration of the government, the Treasury Court
The hierarchical structure of the judicial system insofar as
general or ordinary jurisdiction was concerned generally consisted
of the following: a) The Crown; b) the Council of the Indies; c) the 171Rodriguez, op cit. (3), p. 2.
154 LEGAL RESEARCH

CASE LAW 155

for cases involving the royal treasury, including cases of smuggling,


etc. and the Probate Court for the adjudication of probate cases.
Santiago de Vera, the recently appointed governor of the Is-
The judicial system included the Department of Public Pros- lands became the first president of the audiencia real. He arrived
ecution which represented the government and its institutions in hi Manila on May 28, 1584 and the first session of the audiencia
the enforcement of the law and in all civil and criminal actions to was held on June 15, 1584.
which the state was a party.
The audiencia which was perceived as an unnecessary finan-
The third component consisted of law enforcement agencies 61~ burden, was abolished by royal cedula on August 9, 1589. How-
consisting of the cuerpo de cuadrilleros, the municipal police under ~ver, it was restored on November 26, 1595.
local government officials and the Guardia Civil, the national con- 0f·
stabulary, the forces of which were assigned to particular provinces ,,r By royal decree of July 4, 1861, the governor-general ceased
under the provincial commanders who reported directly to the gov- to· be president of the audiencia. It practically lost its political
ernor and captain general. character and became purely a judicial institution. The audiencia
was divided into two chambers - one for civil suits and the other
The fourth component was the prison system consisting of
criminal, each headed by a President.174
municipal jails, provincial jails, major penitentiaries such as the
Bilibid Prison and those in Cavite, Zamboanga and Marianas, and . By royal decree of Oct. 24, 1870, the audiencia consisted of a
penal farms or colonies in Palawan, Davao, Cotabato and ~resident, two presidents of the two branches, eight associate jus-
Zamboanga. tii:;.es, one prosecuting attorney and other officials.
The legal profession consisted of lawyers who were either ap- ,:c By 1893, the criminal jurisidiction of the Audiencia, which
pointed to the judiciary and public prosecution or were the practis- was now designated as the Audiencia Territorial de Manila, was
ing lawyers, and those who had some legal training who were ei- funited to Manila and fifteen enumerated provinces adjacent thereto.
ther notaries or clerks appointed to assist the courts. Besides its appellate jurisdiction, it also had original jurisdiction
Another notable institution was the juico de residencia, a form '6-irer civil cases which, on account of their importance, the amount
of investigation and trial of a colonial official's actuations during involved, and the dignity of the parties, might be tried in a supe-
his incumbency.172 rior court, and over criminal cases arising in the place where the
court might meet.
b. Audiencia Real - Audiencia Territorial de
Manila. c, Audiencias de lo Criminal of Cebu and Vigan
Professedly "in the interest of good government and the ad-
During the last years of the Spanish era, by the royal decrees
ministration of justice" the Audiencia Real was established in the
of" February 26, 1886, and May 19, 1893, two high courts having
Philippines by Royal Decree of May 5, 1583, invested "with the
iappellate jurisdiction over criminal cases outside the territorial
same authority and pre-eminence as each of the audiencias reales
jurisdiction of the audiencia of Manila were functioning, the
in the town of Valladolid and the city of Granada. It was given
kudiencia de lo Criminal de Cebu and the Audiencia de lo Crimi-
appellate jurisdiction of all the civil and criminal cases throughout
the archipelago. Its judgments were executed without appeal, ex-
nal de Vigan. Each had one president, two associate justices, a
cept in certain cases which either from lack of jurisdiction or the ~rosecuting attorney, as assistant prosecuting attorney, and a sec-
high station or great influence of the contesting parties, could be retary, with the necessary clerks. These audiencias were in opera-
elevated to the Consejo de las Indias as a court of final resort.173 tion at the outbreak of the Philippine Revolution.

172/d., p. 4.
17 3Francisco, op cit., p. 471.
156 LEGAL RESEARCH CASE LAW 157

d. Alcaldes-Mayores;jueces de primera instancia some academic or professional title, or to those "whose position and
circumstances" warranted it. When such persons could not be found,
-For two hundredyears from the establishment of provincial
the petty governors of the municipalities were to act as justices of
goverm'nents in the 1600's, justice was administered in the first
'tlie peace. They were given jurisdiction over civil cases when the
instance by the alcaldes-mayores who were at the same time the
,pi;pperty or interests involved did not exceed 200 pesos or 1,000
provincial executives. As a rule they were political favorites se-
· · pesetas in value. In deciding offenses of a criminal character, the
lected without regard to their knowledge of law or of the affairs
:~nalties imposed conformed to the requirements of the penal code
which they were to administer. By 1866, however, as a result. of a
:W,,~he Philippines which was put in operation by the royal decree of
series of royal decrees, the functions of the alcalde-mayor became
' )J~yember 17, 1886.176 ·
entirely judicial, his executive functions having been turned over to
the newly established office of gobernador civil (civil governor); and f. Special tribunals
lawyers alone were now qualified to be appointed alcaldes-mayores.
Eventually, they became known as jueces de primera instancia, (1) Ecclesiastical Courts
exercising jurisdiction within the limits of their respective partidos ,-, , In addition to the courts of ordinary jurisdiction already de-
(judicial districts) into which the Philippines has been divided, They ' -i?cribed, there were special tribunals in the Philippines, which had
took cognizance of all civil and criminal cases arising within terri- sheir prototypes in the mother country, and whose existence was
tories, except such cases as were under ecclesiastical or other spe- r!largely due to the centralized and theocratic character of the gov-
cial courts and the audiencias, and gave judgment in all civil cases ·ietnment administration, and to the privileges of certain ·classes.
in which the amount-of property or other interest involved ex- . ' · ')Foremost among these were the ecclesiastical courts which had
ceeded 200 pesos fuertes or 1,000 pesetas. The correctional supervi- -jurisdiction over all civil crimes and offenses committed by the
sion of judges of first instance for offenses or crimes in office was .clergy or other persons having a sacerdotal character, over mar-
vested in the audiencias. In ordinary offenses having no connection .riage and divorce and violations of the canon law. But by the royal
with their official character they were triable before the ordinary of October 20, 1835, an exception was made in the case of
courts.175 1.~trocious
o~der
crimes committed by the clergy, over which the civil courts
f.'.ere given jurisdiction. For many years, the jurisdiction of the
e. Gobernadorcillos;jueces de paz .1'.ecclesiastical courts was exercised exclusively by judges of first
The gobernadorcillos were until late in the 19th century the (ill~tance, who were designated ecclesiastical judges, and regarded
local judges in their respective pueblos or municipalities. In civil ;~~ court vicars of the Archbishop of Manila, and the suffragan
suits their jurisdiction was limited to cases where the property or .'l)ishops of the other dioceses. By the royal decree of February 1,
interests involved did not exceed 44 pesos, and to minor offenses tfS69, unifying the jurisdiction of the different courts, it was de-
the penalty for which did not exceed ten days' confinement, or a rfl:;tred that courts of ordinary jurisdiction alone were competent to
fine of 5 pesos. By Royal Decree of May 29, 1885, and in pursuance 1t~e
cognizance of civil and criminal cases. As a result, the civil
of the general plan of separating the judicial and executive power 'and criminal jurisdiction of ecclesiastical and other special courts
:r·
even in the lower grades, it was prescribed that in each judicial J.felas transferred to the ordinary courts. However, the decree was
district of the city of Manila and in every municipality there should uspended by the Governor-General in so far as it referred to the
be a juez de paz (justice of the peace), with the jurisdiction and 1_f.qcJesiastics until a final decision could be received from the home
powers conferred by the laws of civil and criminal procedure. The government, No such decision was ever rendered, but when the
judges were to be appointed by the governor-general, on the recom- -Civil Code went into effect in December, 1889, the Governor-Gen-
mendation of the president of the Audiencia of Manila, such ap- eral suspended certain titles, which practically exempted the clergy
pointments being given only to persons who were lawyers or had from the jurisdiction of the ordinary courts, except in the case of

116Tt! nn .17~..A.7.1
158 LEGAL RESEARCH CASE LAW 159

atrocious crimes, for the commission of which they had been ame- (4) Commercial Court
nable to the civil courts since the promulgation of the royal order of
The Commercial Court succeeded the Tribunal de Consulado
October 20, 1835.177 .
.(tribunal of the consulate), and was established in Manila by the
In 1898, the ecclesiastical court in Manila consisted of one 1'byal decree of July 26, 1832. It consisted of one prior, two consuls,
provisor and vicar-general, or ecclesiastical judge, one ecclesiastical ~oisubstitute consuls, and subordinate personnel. The Governor-
prosecuting attorney, one notary, and for the supreme government, ©eneral appointed the members of the court, which had jurisdic-
one secretary, one vice-secretary, one archivist, one accountant; the . ~bn over all transactions, contracts, and other agreements or mat-
suffragan bishops of Nueva Caceres, Cebu, and Jaro had similar ·tiells growing out of the commerce of the islands. Later, in accord-
courts. A large proportion, if not all, of these officials were mem- . $ce with the oft-mentioned Royal Decree of February 1869, the
bers of the religious orders. eommercial Court was abolished and cognizance over all cases
relating to CommerceVested in the Ordinary COUrtS.lBO
(2) Army and Navy Courts
(5) Contentious Court
The army and navy courts were similar in their jurisdiction to
the ecclesiastical courts, and took cognizance not only of. purely By virtue of the Royal Decree of June 4, 1861, there was
military offenses; but of civil and criminal cases affecting soldiers established a court known as the Tribunal Contencioso, to hear and
and other persons having military privileges. Civil suits could be ~ecide complaints against the administration of the government,
appealed to the Audiencia of Manila. However, pursuant to the , ~th final appeal to the council of state in Spain. It formed part of
same royal decree of February 1, 1869, this special jurisdiction of · fthe council of administration. In 1806, it was composed of a presi-
the military courts was turned over to the ordinary courts.178 ·-.\i~nt·and three magistrates. It was abolished on February 7, 1869,
eestablished on March 19, 1875, but was abolished or suspended
(3) Treasury Court . i)y:--the Royal Decree of November 23, 1888, creating the Tribunal
f(Jbntencioso Administrativo. This was a new organization, inde-
The royal decree of December 4, 1786, provided in Spain for
-pendent of the council of administration, and was composed of the
the appointment of an intendente corregidor with jurisdiction over
-president and two judges of the audiencia and two administrative
all legal cases affecting the royal treasury, including contraband,
~ijdges. This continued until January 1, 1890, when the tribunal
smuggling, etc. By the royal decree of September 16, 1813, this
jurisdiction was withdrawn from the intendente corregidor and trans-
-Was transferred to the council of administration, where it was known
: 1l!s'"Secretaria del Tribunal Contencioso y Consejo de Adminis-
ferred to civil judges who were lawyers, and who took cognizance in
iffacion.181
first instance, with appeal to the audiencia. This decree was· con- b-;;'
firmed by the royal cedula of January 30, 1855, but was not carried
into effect in the Philippines until 1856, when the royal decree of (6) Probate Court
December 16 of that year established the treasury court. The court ~.-1
. f ,,:. In addition to the before mentioned courts there was estab-
held its sessions in Manila and was composed of a civil judge of the
: .1ll,~hed in the Philippines a general probate court for the adjudica-
final category, with jurisdiction in first instance over all treasury
i,p,n of probate cases. By the royal decree of June 22, 1883, this
cases, with appeal to the audiencia. The Treasury Court was later
abolished by virtue of the above-mentioned Royal Decree of Febru-
;r§µrt was abolished, and the matters which it had jurisdiction
ary 1, 1869, which lodged in the ordinary courts exclusive jurisdic-
-rh~~e transferred to the judges of first instance.182
tion over cases affecting the treasury.179 1,!;'

177Jd., pp. 474-475. 180ld., p. 476.


178Jd., p. 475. 181ld., pp. 476-477.
179Jd., 477
pp. 475-476. 182T,/ n
160 LEGAL RESEARCH CASE LAW 161

g. Publications During the Spanish Period Next were the Courts of First Instance, and at the bottom the
. There are books containing the decisions of the Supreme Court municipal and justice of the peace courts. A special court, the Court
of Spain, at least, with respect to civil and criminal laws, upon of Land Registration, was also created, but it ceased to exist on the
which the present Philippine civil and penal codes are based. The 21st of July 1914, and its functions were transferred to the Courts
reports of civil cases are contained in Jurisprudencia Civil in of First Instance.
224 vols., dealing with opinions rendered for almost a century, from Although with the annexation of the Philippines to the United
November 3, 1838 to April 3, 1936. After its interruption by the States, most of the essential principles of the United States Consti-
Spanish Civil War, the publication was resumed to this date. Crimi- tution operated in the Philippines, they did not include the right of
nal cases are found in Jurisprudencia Criminal in 136 vols., trial by jury. And in the organic acts for the Philippines such right
covering decisions from September 30, 1870 to the outbreak of the was carefully reserved, "doubtless due to the fact," said the U.S.
war in 1936. It must be noted that these two law reports have been Supreme Court, "that the civilized portion of the Islands had a
cited in several instances by the appellate tribunals of the Philip- system of jurisprudence founded upon the civil law, and the uncivi-
pines. lized parts of the Archipelago were wholly unfitted to exercise the
right of trial by jury." (Dorr v. United States, 11 Phil. 706)
3. The American Period
With the establishment of the American military government 4. The Judicial System at present
following the surrender of Manila to the American army, provost
courts and military-commissions were created. At the same time The distinctions obtaining in other countries· between courts
civil courts were recognized for certain civil purposes. Subsequently, of law and courts of equity; and civil, criminal and probate courts
by Act No. 136 of the Philippine Commission, the existing courts do not apply in the Philippines where all courts are courts of both
were abolished and in their place were substituted the courts pro- of law and equity and have jurisdiction over all civil, criminal and
vided in said act. Thereafter, Congress of the United States, through probate cases.
the Philippine Bill and, later, the Jones Law, approved and con- a. Trial Courts of Limited Jurisdiction
firmed the organization of the courts thus established. As ulti-
mately evolved, the judiciary system instituted was substantially At the front lines of the judicial system are the Metropolitan,
modelled upon English and American prototypes. However, no divi- Municipal, and Municipal Circuit Trial Courts with jurisdiction
sion was made of the tribunals into courts of law and courts of limited to civil suits involving relatively smaller amounts of money
equity as they were known and distinguished in England and most and to minor violations of the criminal laws.
jurisdictions of the United States. The same tribunal dispensed The "inferior courts" label given to them is unfortunate for
both legal and equitable relief.183 these first-tier trial courts, because these are the tribunals in which
At the top of the system, in place of the Audiencia Territorial most of the controversies that occur in a community are heard and,
de Manila, was a Supreme Court composed of a Chief Justice and at least provisionally, decided.
eight associate Justices. The names of Cayetano Arellano, chief These courts of very limited jurisdiction may be at the bottom
magistrate, Manuel Araullo, Gregorio Araneta, Raymundo Melliza, of the judicial totem pole, but they are the courts closest to the
Ambrosio Rianzares Bautista and Julio Llorente are preserved in people. It is vital that in this level justice be administered fairly
fame as the first Filipinos to sit in the Supreme Court of the Philip- t and with dignity. Otherwise, the common people will lose confi-
pines under American sovereignty, administering justice together i dence on the judiciary.
with learned American judges. 1
b. Trial Courts of General Jurisdiction
If a civil claim or criminal prosecution involves an amount of
183/d.' p. 521.
162 LEGAL RESEARCH CASE LAW 163

the Metropolitan, Municipal and Municipal Circuit Trial Courts, it Special appellate courts are: 1) the Sandiganbayan, which have
must be filed and heard in what lawyers call a "trial court of appellate jurisdiction over certain criminal cases decided by the
general jurisdiction," i.e., a court empowered to try all kinds of Regional Courts, and also original jurisdiction over certain types of
case, 'without monetary or subject matter limitation. These are criminal cases; and 2) the Court of Tax Appeals which act only on
known as Regional Trial Courts (formerly Courts of First Instance) protests of private persons adversely affected by the tax and cus- ·
for the 13 judicial regions in the country. toms laws.
We also have the Shari'a courts under the Muslim Code with d. The Court of Last Resort
jurisdiction over Muslim Filipinos in Mindanao.
The Supreme Court is the "court of last resort" at the top of
On February 4, 1977, President Marcos promulgated Presi-
the judicial hierarchy which determines with finality what the law
dential Decree No. 1083, which is the Code of Muslim Personal
is and should be. The 1987 Constitution provides:
Laws of the Philippines. The Code recognizes the legal system of
the Muslims in the Philippines as part of the law of the land and "Section 1. The judicial power shall be vested in one
seeks to make Islamic institutions more effective; codifies Muslim Supreme Court and in such lower courts as may be estab-
personal laws; and provides for an effective administration and lished by law."
enforcement of Muslim personal laws among Muslims.
It sits in Manila consisting of one Chief Justice and 14 Associ-
The Muslim Code, however, is not exclusive; it codified only
ate Justices and which decide cases in three divisions of five mem-
those laws which are believed to be the most important or signifi-
cant. Since the Muslim legal system or Shari'a is recognized, we bers except in certain cases where they sit en bane.
may have to apply unwritten Muslim law. By authority of the same J. It has the power to review on appeal or certiorari final judg-
Code, Shari'a Courts have been set up. The Supreme Court has l ments and order of lower courts in certain cases such as when
also promulgated pursuant to P.D. 1083, Special Rules of Proce-
dure in Shari'a Courts.P' I." errors or questions of law are invoked and where the Constitution
or validity of statutes are involved. It has original jurisdiction over
petitions for certiorari, prohibition, mandamus, quo warranto, and
c. The Intermediate Appellate Court habeas corpus.
Before a party can go to the "court of last resort," he has to go
first to the intermediate appellate court. The Court of Appeals is
C. The Doctrine of Precedent
the body that generally has exclusive appellate jurisdiction over
the decisions of the Regional Trial Courts and other quasi-judicial Although case law can be found "in same form and to some
agencies. extent" in every legal system, case law is uniquely authoritative
and influential in a "common law country" which the United States
It sits in the City of Manila and consists of a Presiding Justice
is by inheritance from England.
and fifty Associate Justices which exercises its power and duties
through 17 divisions each composed of three members. The Anglo-American legal system, unlike the "civil law" sys-
tem which prevails with variations in other countries, explicitly
The unanimous vote of the three members of the divisions
recognizes the doctrine of precedent, known also the principle of
shall be necessary for a decision otherwise two additional justices
will sit temporarily with them forming a special division of five and stare decisis.
the majority shall be necessary of a decision. "Stare decisis, et no quieta movere" is the Latin maxim
meaning, to follow precedent. ·
By the common law doctrine of precedent or principle of stare
1 &1Gupit, op cit., pp. 91-92. decisis, decided cases are usually considered to be the primary
CASE LAW
165
164 LEGAL RESEARCH

When the Supreme Court "overrules" one of its past decisions,


~ource of la"'. and_~ence, past judicial decisions are generally bind- the conclusiveness of that earlier decision as a settlement of its
mg for the disposition of factually similar present controversies. particular controversy is not affected, but the overruled decision_is
. -H~vin~ ~e~n under American rule, the Philippines although no longer an authoritative precedent for other cases that may anse
pnmanly a . c~VIl law country has adopted the doctrine of precedent in the future.
or stare decisis,
In fact, Art. 8 of the New Civil Code specifically provides: F. "Ratio decidendi" and "Obiter Dictum"
'
"Ratio decidendi" is the holding of the principle of law on
"Art. 8. Judicial decisions applying or interpreting the which a case was decided. It is the "ratio decidendi" that sets the
laws or the Constitution shall form a part of the legal system precedent and is binding on courts in the future. The ratio deci-
of the Philippines (n)." dendi must be considered in conjunction with their facts of the
Hence, judicial decisions or judicial precedents form part of case.
our legal system. In contrast "obiter dictum" is language in a decision that is
not necessary to the decision. Dictum comes from the Latin verb
Decisions of the Supreme Court are treated as such. However
decire "to say," and refers to what is "said by the way." Although
final decisions of the Court of Appeals which under the common
dictum is not binding on future cases, it might be persuasive.
law ~octrine should be binding before lower courts, have not in
pra~t~ce been co~sid~red so not because of lack of regard to these
decisions but pnmanly because these decisions are largely not re- G. "Binding'' and "Persuasive" Authority
ported or published. . Case law authority is frequently divided into two cases: "per-
suasive" and "binding."
D. "Stare Decisis" and "Res Judicata" Authority can be termed ''binding" (also called mandatory)
Every fi_nal_ decision of the Supreme Court has two effects: 1) when it comes from the decisions of Supreme Court and it is the
~s an authoritative settlement of the particular controversy before ratio decidendi of the case.
it; and 2) as a precedent for future cases. Although a court is not "bound" to follow dicta from prior
A Latin tag has been attached to each of these effects res decision, it may do so if it is carefully reasoned. This is more so if
judicata to it~ ~ffect as ~o settlement of the immediate contro~ersy the dicta comes from a respected justice such as the late Justice
and stare decisis to the impact of the decision as precedent. J.B.L. Reyes. (In the U.S., the dicta coming from Oliver Wendell
Holmes and Benjamin Walters Condozo are very well respected.) It
Stare decisis, literally "the stand on what has been decided is may therefore be "persuasive" to the Court. Aside from dicta, per-
the principle th~t the decisions of a court is a binding authorityon
suasive authority can come from decisions of appellate courts in
the court that issued the decisions and on lower courts for the
disposition of factually similar controversies." other jurisdictions.

E. "Reversal" and "Overruling" B. Form of Decisions


Case Law is found primarily in the decisions of the Supreme
"Reversal" has reference to the action of the Supreme Court
Court (as Court of Appeals decision have been largely not avail-
on a lower courts judgments in the same particular controversy.
When the Supreme Court reviews the judgment of the lower court able).
in a case and concludes the lower court reached an erroneous re- The typical case is entitled by the names of the parties, exam-
sult in the case, it will "reverse," i.e., set aside, the lower court's ple, Santos v. Cruz. After the title will come, the syllabus summa-
judgment.
CASE LAW 167
166 LEGAL RESEARCH

(1) Official Repositories of Decisions of the Supreme


rizing the important. points of ~he decision and then the portion of
Court - What distinguishes a law report as official is the fact that
the report that carnes authonty - the opinion of the court fol-
it is printed under the supervision of an authorized government
lowed by ~he final disposition (decision) of the case.
agency. The decisions of the Supreme Court appear in three official
Although it is the "opinion" of the court, it is commonly writ- publications, namely: Advance Sheets; Official Gazette; and the
ten on. b~half of the court by a single justice whose name precedes Philippine Reports.
the oprmon.
(a) Advance Sheet - As soon as decisions of the Su-
. The. d.ecision itself is by majority vote and is stated at the end preme Court become final, they are published in advance sheets
of th.e oprmon. !t. may also be unanimous. It may affirm, reverse, or in mimeographed form. Thus they are made available to the
modify the decision of the lower court decision. The member of the bench and the bar at the earliest date possible, much earlier
cou~. who concur is then listed. A justice who agrees with the that their publication in the Official Gazette.
de~1~10n but not, with the opinion may write a separate concurring
(b) Official Gazette -The Official Gazette is an offi-
opimon,
cial publication of the government printed by the Bureau of
. A just~c~ who ~isagrees with the decision may dissent, with or Printing. The decisions of the Supreme Court are published
without wntmg a d1~senting opinion. under the section, "Decisions of the Supreme Court."
Opinions need not be signed, however, and it is not uncom- While before all SC decisions were published in the 0.G.,
mon fo~ a court to write an unsigned and usually shorter opinion at present because of the volume of decisions promulgated by
per curuim. (by the court) when for example, the point in issue is the SC, not all decisions of the SC are found ill the O.G. The
thought to be well-settled. Official Gazette is cited as follows: Espiritu v. Rivera, G.R.
No. 17092, September 30, 1963, 62 O.G. 7226 (Oct., 1966). If
the decision is found in a supplement, the citation is: 46 O.G.
I. Case Law Materials
Supp. No. 11, 22 (Nov., 1950).
1. Decisions Proper
(c) Philippine Reports - Decisions of the Supreme

a. Decisions of the Supreme Court Court from August 8, 1901 are published in the Philippine
The preparation for the publication of the decisions of the 14 Reports, printed by the Bureau of Printing, now the Govern-
ment Printing Office. The first case reported was In re: Aguas
Supreme Court and the Court of Appeals of the Philippines is en- •j which was an appeal of the judgment of the CFI finding Atty.
trusted to the respective court reporter of each court. Mercelino Aguas guilty of contempt with suspension from prac-
. . When a decision is rendered by the Supreme Court, a written
?p1mon or memorandum exemplifying the ground and scope of the
1j
tice for 20 days.
'j The decisions are arranged according to the dates of their
Judgment of the court shall be filed with the Clerk of Court and promulgation. As soon as there are about seven hundred fifty
shall be recorded by him in an opinion book. When the court h 11 pages of decisions published in the Official Gazette, the Re-
d d . . s a
ee.m a ecision to be of sufficient importance to necessitate publi- porter gathers them and publishes them in the Philippine
cation, the Clerk shall furnish a certified copy of the decision to the Reports. At the outbreak of the Pacific War, the Bureau of
Reporter. ~~e Reporte~ then prepares and publishes with each re- Printing printed 7 4 volumes of the Philippine Reports, with
ported dec1~10n a concise synopsis of the facts necessary to a clear the latest decision dated October 31, 1937.
ui:derstanding ?f the case, stating the names of counsel, together
Decisions of the Supreme Court during the Japanese Oc-
wit~ the matenal points raised and determined, citing each case,
cupation were not preserved completely. However, some deci-
which shall be confined, as near as possible to points of law decided
sions are found in volumes 73 and 7 4 of the Philippine Re-
by the courts on the facts of the case without necessity of reciting
the facts. ports.
168 LEGAL RESEARCH CASE LAW 169

After the war, it resumed the printing of Volume 75 up to (b) ·Philippine Reports Annotated - This is a pri-
Volume 110 which covered decisions promulgated from Nov. vate publication in 33 volumes corresponding the volumes 1 to
·23,.1960 to January 31, 1961. 33 of the Philippine Reports. The cases reported are anno-
tated by the publisher with legal principles from cases subse-
The Bureau of Printing continued printing of the Philip-
quently decided by the court, bearing on the points of law
pine Reports up to Volume 126, covering the period from April
enunciated in the case reported. Thus, with the use of this
to June 1967. The Supreme Court took over starting with Vol.
annotated edition, the researcher is informed whether the de-
127 (July to August 1967) up to Vol. 132, then Volumes 145 to cisions has been cited in a subsequent decision and whether
147 (July to September 1972). such subsequent decision has adopted or overruled the legal
An example of a citation of a case in the Philippine Re- principle in the earlier decision. The publication ended with
ports is: Aquino v. Delizo, 109 Phil. 21 (1960). Volume 33. It is cited as P.R.A.
(d) Philippine Reports (Reprints) - The destruction (c) Philippine ReportsAnnotated (Central) -This
of libraries and reserve copies of Philippine Reports in the is different from the previous one. This PRA is published by
Bureau of Printing during the war necessitated the reprinting Central Book Supply Inc. It hopes to republish and annotate
of these reports and the undertaking was entrusted by the Supreme Court Decisions from 1901 to January 31, 1961 to-
Supreme Court to the Lawyers' Cooperative Publishing Co., talling 110 volumes. So far, it has published volumes 1, 2, 3, 4,
which by photo-offset process, reprinted the first 74 volumes 5, 6, 76, 77, 88, 89, 90, 91, 95, 96, 97, 98, 99, 100, 101, 102,
of the Philippine Reports. However, the index-digest found in 103, 104, 105, 106, 107, 108, 109 and 110. Other volumes will
the original volumes are omitted in the reprinted set. be released soon. It is cited as "Phil."

(e) Jurisprudence Filipina - This is the Spanish (d) Supreme Court Reports Annotated (SCRA) -
edition of the Philippine Reports, also printed by the Bureau The SCRA is the leading private publication at present of
of Printing. It is arranged in the same order as that of the Supreme Court decisions. It is published by Central Lawbook
Philippine Reports, each volume containing the same cases Publishing Co., and the Central Book Supply Inc., containing
published in the corresponding volume of the Philippine all the decisions of the Supreme Court starting with the year
Reports. Its publication was discontinued during the war to 1961. The first case reported in SCRA was Asari Yoko Co v.
the present. Like the English edition, it contains the same Kee Boe dated January 20, 1961 where the application for
parts. registration of trademark by Kee Boe was dismissed.
It has now 333 volumes, the latest containing SC deci-

t
(2) Unofficial Reporting of Supreme Court Decisions sions from June 1 to June 19, 2000.

(a) Philippine Decisions - Unofficial law reporting Each volume contains a table of cases reportedly arranged
in the Philippines is exemplified by the publication known as in alphabetical order with the page number of each case given;
~· the arrangement in alphabetical order is also given in the
Philippine Decisions (Community Publishers, Inc., Manila), ;

which selected the leading cases reported in Vols. 1 to 54 of reverse form.


the Philippine Reports and collected them in 10 volumes. It The cases published in each volume are arranged accord-
actually served as an economical unit of the Reports. Four ing to the date when the decision was promulgated. The main
more volumes were published after the war, but the publisher body of each case includes the name of the litigants, the case
of the Decisions had altered the scheme and arrangement of number and the date of promulgation.
the original set, by reporting all the decisions of the Supreme
Other important features of this set are:
Court for 1948 and 1949. Philippine Decisions is cited as 10
P.D. 123, its later volumes as P.D. 1949b, p. 456. (1) Annotation on important legal questions, giving the
I
CASE LAW 171
170 LEGAL RESEARCH

At the end of each volume is a subject index.


state of the law on important questions, their historical devel- Volume 12 contains, in addition to the Subject Index, a
opment and application; TopicIndex for all the twelve volumes. It also contains a Case
(2) Authoritative and comprehensive syllabi for each Index of the case printed in the first twelve volumes.
reported case;
Beginning with Volume 13, each volume contains: a Sub-
(3) A subject-index at the end of the text which is al- ject Index, a TopicIndex, and a Case Index. The Case Index is
. i
phabeti~ally arranged accordingto their subject or topic. This particularly valuable, since the Table of Contents does not
·;··
leads directly the researchers to the solution of their legal ·1.
arrange the cases reported in the alphabetical order of title.
problems or to the rulings they are looking for. . Starting January 1984, it merely published the syllabi
( 4) The SCRAset comeswith 4 volumes of bound Quick while xerox copies of the decisions would be available at cost
Index Digest. upon request.
VolumeOne (Abandonmentto Husband & Wife)and Vol- (f) Philippine Law and Jurisprudence
ume Two covered Volumes 1 to 36 of SCRA from January, (PHILAJUR) - This publication started in November 1977
1916 to December, 1970; Volume Three (Abandonment to reporting both law and jurisprudence. It is published by Cur-
Estoppel) and VolumeFour (Evidenceto Workmen's Compen- rent Events Digest, Inc.
sation) covered volumes 37 to 101, SCRAfrom January 1971 Each volume of PHILAJUR consists .of five parts: Legis-
to December1980. These four volumes are followedby a yearly ., lation; Supreme Court decisions; Digest of Court of Appeals
advance Index from 1981 up to the present year 2000. Decisions;Legal Articles; and Indexes.
The CLPC has also published the Index of SCRAAnno- (g) Supreme Court Unpublished Decisions (SCUD)
tations, ~ h~lpful guide in instructive annotations and opin- - This publications contains the unpublished decisions of the
ions on significant Supreme Court decisions from Volumes 1 Philippine Supreme Court. This is compiled by Judge David
to 239 (1961-1994)of SCRA.
G. Nitafan and the Editorial Staff of the Central Lawbook
This is cited as: Vda. de Consuegra v. GSIS, 37 SCRA Publishing Co., Inc. Volume 1 contains the unpublished deci-
315 (1971). sions of the Supreme Court from March 1946 to February
1952while Volume2 has the March 2, 1952to March 30, 1954
(e) Supreme Court Decisions (SCD)-This set is a
unpublished decisions.
publication of the decisions of the Philippines, starting Janu-
ary 1, 1982. The decision of the Supreme Court each month (h) Supreme Court Advance Decisions (SCAD)-
are compiledin one volume, under the editorship of Atty. Jose This is prepared by the Legal Editorial Staff of Rex Book
N. Nolledoand published by the National Book Store. Store, Inc. It publishes all decided cases promulgated by the
Supreme Court. It started with Vol. 41 containing decisions
The decisions of the Supreme Court are published ac-
and resolutions of the Supreme Court in May 1993 and its
cording to the dates of their promulgation. The Table of Con-
latest volume is Volume 144 containing SC decisions from
tents lists all the cases promulgated each month, arranged
February 21-March 1, 2001.
according to the dates of promulgation stating the "G.R.
Number," date of promulgation, title of the case and the The SCAD is published monthly, immediately after the
ponente, and the correspondingpage in the volume where each decisionsare promulgated, the practitioners and the students
case may be found. have ready access to the latest available decisions rendered
by the Supreme Court.
Each decision is published in full and is preceded by an
expertly prepared syllabus.
CASE LAW 173
17-2 LEGAL RESEARCH

(i) Supreme Court Excerpts (SCEX) - This book (o) The PCGG Reporter - This book is likewise
authored by Atty. Aristotle T. Dominguez is published by Rex authored by this writer which contains SC decisions ii:ivolving
Book Store. The book attempts to combine the strengths of the Philippine Commission on Good Government startmg from
the various publications contains 410 Supreme Court excerpts the first case of Cruz, Jr. v. PCGG, May 27, 1986 up to
extracted from 304 Supreme Court decisions and resolutions Romualdez v. Sandiganbayan, May 16, 1995.
promulgated from Sept. 3, 1996 to January 31, 1997.
b. Decisions of the Court of Appeals
(j) Summary of Supreme Court Rulings - This is
authored by Atty. Daniel T. Martinez and published by Cen- The Court of Appeals serves as our intermediate appe~late
tral Book Supply, Inc. This work aims to provide the law court. As to whether the decisions of this Tribunal shall constitute
students especially those who are preparing to take the bar precedents, the Supreme Court of the Philippines, in the c~s~ of
examinations supplementary reading materials on the latest Miranda, et al. v. Imperial (77 Phil. 1066) held: "Only th~ dec~s10ns
rulings of the Supreme Court. of this Honorable Court establish jurisprudence or doctnnes ~n the
jurisdiction. However, this does not prevent that a conclusion or
The Supreme Court rulings are collated into eight chap-
pronouncement of the Court of Appeals which cov~rs _a _point~flaw
ters corresponding to the eight bar examinations subjects in
still undecided in our jurisprudence may serve as Juridical guide to
the order they are given by the Supreme Court.
the inferior courts, and that such conclusion or pronouncem~nt be
It now has 45 books containing summaries of SC deci- raised as a doctrine if, after it has been subjected to test m the
sions from 1986 to 1998. crucible of analysis and revision, this Supreme Court should find
(k) Citations: Excerpts of Supreme Court Deci- that it has merits and qualities sufficient for its consecration as a
sions -This publication authored by L.C. Castigador has six rule of jurisprudence."
volumes: Vol. 1, July-December 1990: Abuse of Discretion to (1) Appellate Court Reports - The decisions of the
Words and Phrases; Vol. 2, January-April 1991: Abuse of Dis- Court of Appeals _were originally published in the Appellate
cretion to Workmen's Compensation; Vol. 3, May-August 1991: Court's Reports by the Court Reporter. Although prepara-
Abuse of Discretion to Workmen's Compensation; Vol 4, Sep- tions were completed for the publication of the Reports, only
tember-December 1991: Actions to Workmen's Compensation; two volumes were released. The first was Vol. I, embracing
Vol. 5, January-April 1992: Eight Bar Subjects; Vol. 6, May- the decisions of the appellate court from February 29, 1936 to
August 1992: Eight Bar Subjects. December 29, 1936. The other was Vol. VIII, covering the
(I) Title Index to Supreme Court Decisions 1945- period from January 8, 1947 to June 30, 1947.
1978- The UP Law Center has come out with this publica- The Appellate Court Reports which was patterned af-
tion which gives an index to cases decided by the SC from ter the Philippine Reports has the following important parts:
1945-1978. (1) the title page, stating the number of the volume, the pe-
(m) Supreme Court Decisions Title Index, 1982- riod covered by the cases reported, and the names of the ~~-
1985- This is compiled by the Library Staff of the UP Legal porters; (2) the Justices of the Court of Appeals w~o partici-
Resources Center to meet the needs of the students, faculty pated in the cases reported and those sitting at the time of the
members and researcher of the UP College of Law. publication of the Reports, the Solicitor General as well as
other officials of the Court of holding office when the reported
(n) The Sandiganbayan Reporter - This book cases were decided and when they were published; (3) rules
authored by this writer is published by Central Lawbook Sup- and resolutions of the Court; (4) alphabetical list of cases re-
ply and contains all cases decided by the Supreme Court in- ported; (5) alphabetical list of cases cited in the decisions re-
volving the Sandiganbayan - Vol. 1 from Feb. 28, 1980 to ported; (6) a list of statutes cited in the decisions reported; (7)
April 7, 1988, 1994 Edition; Vol. 2 from April 15, 1988 to alpabetical list of authorities cited in the volume; (8) alpha-
December 5, 1991, 1995 Edition.
174 LEGAL RESEARCH CASE LAW 175

betical lis.t of unpublished decisions; (9) the reports of cases, Sandiganbayan Reports in 1980, which contained its decisions from
chronologically arranged; (10) an index/digest of unpublished December 1979 to February 1980. However, this was not succeeded
decisions, arranged by date; and (11) an alphabetical subject- by other volumes. This writer has compiled and published the
. index to cases reported. Sandiganbayan Reporter which contains all cases decided by the
Supreme Court involving the Sandiganbayan.
The Appellate Court Reports is cited by volume and
page, for example: Chunaco v. Singh, 8 C.A. Rep. 488 (194 7).
d. Decisions of the Court of Tax Appeals
(2) Advance Sheets - Decisions of the Court of Ap- Under Rep. Act No. 1125, the Court of Tax Appeals was estab-
peals had been published in advance sheet starting January, lished, with exclusive appellate jurisdiction over tax and customs
1960, but this practice was discontinued in 1963. cases. This jurisdiction is however intermediate, since the decisions
(3) Official Gazette - When the Court deems a deci- of the Court are subject to review by the Supreme Court. The Tax
sion or resolution to be of sufficient importance to require Court is directed by law to provide for the publication of its deci-
publication, the Clerk of Court furnishes a certified copy of the sions in the Offical Gazette in such form and manner as may best
decision of the reporter who prepares a syllabus for each case to be adopted for public information and use.
be published with the cooperation of the author of the decision The official repository of the decisions of the Court of Tax
and is responsible for its publication in the Official Gazette. Appeals was the Official Gazette. Later issues have discontinued
Each case is published in the language it is originally written. publishing them. Law and journals carry some of its important
Example ofa citation is: Manila Electric Co. v. Allarde, C.A.-SP opinions.
No. 11850, May 15, 1987, 86. O.G. 3447 (May, 1990).
· +Court of Tax Appeals Digest of Customs and Real Property
(4) Court of Appeals Reports - This set of reports Tax Cases (1973) and Court of Tax Appeals Digest of Internal Rev-
containing decisions of the Court of Appeals has 25 volumes enue Code (1971) by Colon are publications on cases of the CTA.
from 1961 to 1980. Its first volume contains decisions ren-
dered in 1961 and the first case reported was Sagro Co. Inc. v. e. Decisions of the Regional Trial Courts
Cuenca, January 30, 1961. The last volume was Volume 25 Their decisions have not been published in official reports or in
and the last case reported was People v. Estonirui, Dec. 29, books of secondary authority. Its judgments on matters of evidence is
1980. Except for the title, this set has the same features as usually respected, although there have been rare moments when its
those of the Appellate Court Reports. Example of a citation is: opinion on points of law have been cited for persuasive influence.
Flores v. Valpena, 2 C.A. Rep. 2d 64 (1962).
(5) Court of Appeals Reports Annotated - This f. Decisions of the Metropolitan Trial Courts, Mu-
publication contains selected decisions of the Court of Appeals. nicipal Trial Courts and Municipal Circuit
It is compiled, annotated and edited by the editorial staff of Trial Courts
the Central Lawbook Publishing Co., Inc. Volume 1 contains Their decisions have likewise not been published in any offi-
the selected decisions in 1986, while Volume 2 has the Janu- cial report or publication. The respective courts themselves are the
ary to June 1987 decisions. Its latest volume is Vol. 9 contain- only places where their decisions are found.
ing July-December, 1990 decisions. This is cited as: Valderrama
v. Bermejo, 1CARA585 (1986). 2. Subordinate Decisions
a. The Senate Electoral Tribunal and the House of
c. Decisions of the Sandiganbayan Representatives Electoral Tribunal
The Sandiganbayan a collegiate trial court established by the Under the 1987 Constitution provides: "Sec. 17. The Senate
Constitution to try crimes by public officers, published the and the House of Representatives shall each have an Electoral
·: CASE LAW 177
176 LEGAL RESEARCH

The B.P. Law Center prepared a list of administrative bodies


Tribunal which shall be the sole judge of all contests relating to
and agencies exercising quasi-judicial functions as follows:
the election, returns, and qualifications of their respective
Members. Each Electoral Tribunal shall be composed of nine 1) Department of Finance
Members, three of whom shall be Justices of the Supreme Court
a. Bureau of Internal Revenue
to be designated by the Chief Justice, and the remaining six
shall be Members of the Senate or the House of Representatives, b. Bureau of Customs
as the case: may be, who shall be chosen on the basis of c. Insurance Commission
proportional representation from the political parties and the
d. Central Board of Assessment Appeals
parties or organizations registered under the party-list system
represented therein. The senior Justice in the Electoral Tribunal e. Fiscal Incentives Review Board
shall be its Chairman. Phil. Export and Foreign Loan Guarantees Corp.
f.
The House of Representative have published the HRET Re- g. Phil. Crop Insurance Corp.
ports: Final Orders, Resolutions and Decisions Rendered in
seven volumes; 2) Department of Justice

b. Administrative Agencies Exercising Quasi-Judicial a. Land Registration Authority


Powers b. Commission on Immigration and Deportation (now
Bureau of Immigration)
(1) Agencies with implied quasi-judicial powers
.3) Department of Agriculture
These are agencies mostly with investigative functions. In fact,
all agencies may be said to enjoy implied quasi-judicial powers. a. Sugar Regulatory Authority
~ust to name a few examples, these are the Department of Foreign b. National Irrigation Administration
Affairs, the Commission on Immigration and Deportation, the Of-
c. National Meat Inspection Commission
fice of the President, Secretary of Justice, National Wages Council,
Philippine Patents Office, Bureau of Land Transportation, Civil d. National Food Authority
Service Commission, Professional Regulatory Commission and the e. Quedans Guarantee Fund Board
Tanodbayan.
f. Phil. Coconut Authority
(2) Agencies with express quasi-judicial powers Bureau of Plant Industry
g.
These are agencies which are actually given judicial functions Department of Public Works and Highways
4)
over cases which would otherwise go to the regular courts of justice
were it not for the grant of such powers to these agencies. They are a. Bureau of Research and Standards
sometimes characterized with specific appeal procedures under the b. Metropolitan Waterworks and Sewerage System
law. These are the Insurance Commission, the National Labor Re-
c. Local Water Utilities Administration
lations Commission, Commission on Elections, Government Serv-
ice Insurance System, Social Security System, National Seamen 5) Department of Labor and Employment
Board, Commission on Audit, Employees' Compensation Commis- National Labor Relations Commission
a.
sion, Civil Aeronautics Board, and other similar agencies.185
b. Phil. Overseas and Employment Administration
c. National Manpower and Youth Council
d. National Maritime Polytechnic
185Jd.'
p. 131.
178 LEGAL RESEARCH CASE LAW 179

e. Employees' Compensation Commission d. Toll Regulatory Board


f. National Wages Council e. Civil Aeronautics Board
g. Bureau of Labor Relations f. National Telecommunications Bureau
. h. Bureau of Working Conditions g. Bureau of Air Transportation (Air Transportation
Office)
i. National Conciliation and Mediation Board
6) Department of Health 10) Others
a. Professional Regulatory Commission
a. Bureau of Food and Drugs
b. Securities and Exchange Commission
b. Phil. Medical Care Commission
c. Social Security Commission
c. Dangerous Drugs Board
d. Bureau of Research and Laboratories d. Central Bank
e. Housing and Land Use Regulatory Board
e. Bureau of Licensing and Regulation
f. National Bureau of Investigation
7) Department of Trade and Industry
g. National Land Titles and Deeds Authority
a. Bureau of Trade Regulation and Consumer Prdtec-
tion h. Register of Deeds186

b. Videogram Regulatory Board


c. Publications of Administrative Agencies Exer-
c. Board of Investments
cising Quasi-Judicial Functions
d. Bureau of Patents, Trademark and Technology
Some administrative agencies exercising quasi-judicial func-
e. Export Processing Zone Authority tions have published their decisions, while others have not, to wit:
f. Garments and Textile Export Board
(1) Commission on Elections
g. Bureau of Product Standards
The COMELEC has not published its decisions.
8) Department of Enviroment and Natural Resources
a. Land Management Bureau (2) Civil Service Commission
b. Environment Management Bureau The decisions of the Civil Service Board of Appeals have been
published by author Rivera.
c. Forest Management Bureau
d. Mines and Geo-Sciences Bureau An annual compilation of selected Resolutions promulgated
by the CSC in its exercise of its quasi-judicial function has also
e. National Electrification Administration been published. Many of the cases serve as precedents and basis of
f. National Quarantine Office decisions and opinions on related civil service legal issues. The
Case Digest serves as a handy, ready reference for government
9) Department of Transportation and Communications
employees, legal practitioners, law students and the public in gen-
a. Land Transportation Franchising and Regulatory eral.
Board
b. Maritime Industry Authority
c. Philippine Ports Authority 186ld., pp. 133-135.

·'
180 LEGAL RESEARCH CASE LAW 181

(3) Commission on Audit The Lex Libris, produced by CD Asia, provides the following
The COARegulations and Jurisprudence, 1998by J.V. Go has databases:
been published by Central Book Supply. Also, the COA Decisions 1. Laws (Philippine Edition),Vol. I;
Digest (1994 to 2000) by Reynaldo Montalbo has been published.
2. Taxation (Phil. Edition), Vol. 11;
(4) National Labor Relations Commission 3. Jurisprudence (The Philippine Supreme Court Reports),
The NLRC has not published its decisions. Vol. III;
4. Department of Justice (Opinions of the Secretary), Vol.
(5) Insurance Commission
IV;
The office of the Insurance Commissionerhas not published
5. LocalAutonomyand Local Government, Vol. V;
its decision.
6. Environment and Natural Resources,Vol. VI;
(6) Housing and Land Use Regulatory Board
7. Labor and Social Legislation, Vol. VII;
The Human Settlements Regulatory Commission Legal Di-
gest, 1981, 3 volumes have been published. 8. Elections, Vol. VIII;
9. Trade Commerceand Industry, Vol. IX;
(7) Department of Agrarian Reform Adjudication
Board 10. Bangko Sentral ng Pilipinas, Vol. X;
A book entitled Jurisprudence nn Agrarian Relations by Ibay U; Securities and Exchange Commission,Vol. XI;
was published in 1973.
The Philjur also has databases on the decisionsof the Philip-
(8) Securities and Exchange Commission pine Supreme Court. It contains a digitized compilationof the deci-
sions and resolutions of the Supreme Court. The 1st volume con-
The SEC Decisions, 1977-1981was published by Legal Data- tains decisionfrom 1901to1960. The second volume contains deci-
base Systems. sions from 1961 to 1994. It is produced by Gigabytes Research
The decision making powers of the SEC were transferred to Systems, Inc.
the regular courts by virtue of the Securities Regulation Code, RA
8799.
(9) Bureau of Internal Revenue
The Complete Numbered BIR Rulings by the Career Develop-
ment Center and the Digest of BIR Rulings by E.O. Ordono, 1986
to 1998 have been published.
(10) Intellectual Property Office
The IPO has not published its decisions.

d. Computerized Legal Research Services


Some of the decisions above-mentionedcan be sourced from
computerized legal research services.
LAW BOOKS OF SECONDARY AUTHORITY 183

ences of such American counterparts as those of the Lawyer Re-


ports Annotated, the American Law Reports, and the United States
Court Reports (L. ed.), with modifications to suit Philippine law.
·CHAPTER 6
2. Republic of the Philippines Digest. This publication
also by the Lawyers Coop., dubbed "Republic Digest" for short,
LAW BOOKS OF SECONDARY AUTHORITY starts from where the Philippine Digest leaves off, cover all deci-
sions of the Supreme Court from July 4, 1946 through September,
1958, published and unpublished. The set comprises Volumes 1 to 7
of digest paragraphs, classified under pertinent topics, and Volume
As earlier stated, works which are not primary authority but 8 devoted to an alphabetically arranged table of cases.
which digest, discuss or analyze legal provisions, judicial decisions
or define and explain legal doctrines and terms are considered Vols. 9 to 17 cover decisions from 1958 to 1966. The last Sup-
secondary materials. plement which came out in 1974 included cases from January 1967
to December 1971.
These secondary sources can help analyze a problem and pro-
vide research references to both primary sources and other second- References to American Jurisprudence and American Law
ary materials. Reports are made at points where a considerable body of Ameri-
can law dealing with the same subject exists, and to Philippine
They include:
Annotated Laws, the various Philippine codes and the Rules of
1) Case Digests Court, at points where the subject matter of the digest paragraph
is largely controlled by statute or rule of court.
2) Treatises and Textbooks
3) 3. Velayo's Digest. This publication covers not only the
Bar Reviewers
decisions of the Supreme Court but also those of the Court of Ap-
4) Legal Periodicals peals. The main set of 25 vols. covers the leading cases of the
5) Legal Encyclopedia Supreme Court and the Court of Appeals from 1942 to 1960. The
Digest is kept up to date by annual supplements; for 1961 in 3
6) Law Dictionaries vols.; for 1962 in 4 vols.; for 1963 in 4 vols.; for 1964 in 3 vols.; for
'.,
1965, 1966, 1967 in 3 vols.; 1968 and 1969 in 2 vols. These supple-
A. Case digests 3 ments continued up to decisions rendered in 1973.
Digests of cases are compilations of paragraphs containing A 4. SCRA Quick-Index Digest. This publication by Cen-
concise summaries of points in cases, grouped under appropriate tral Lawbook Supply, Inc. has three volumes. The first two volumes
headings the chief of which are alphabetically arranged. Each para- condenses Volumes 1 to 36 of SCRA, while the third volume covers
graph in case digests is complete in itself when it has concisely and Volumes 37 to 61 also of SCRA up to 1974. Every year thereafter,
accurately stated the point decided with reference to precise facts. yearly digests have been coming out.
1. Philippine Digest. This publication of Lawyers Coop. 5. Compendium of Philippine Jurisprudence. Authored
was designed as a companion set to the Philippine Reports. It by Celso L. Magsino and published by Rex Book Store, it has 12
has 13 volumes covering the decisions of the Supreme Court pub- volumes containing digests of decisions of the Supreme Court from
lished in Volumes 1 to 75 of the Philippine Reports. It has a gen- 1945 to 1980.
eral scheme of digesting cases and a system of numerous refer-
6. Other Digests. The other digests are: Armando C.
Castillo, Digest of Supreme Court Decisions, in 9 vols. (1951-
182 1964); Napoleon Garcia, Complete Monthly Digest of Supreme
LAW BOOKS OF SECONDARY AUTHORITY 185
184 LEGAL RESEARCH

Court Decisions; Navarrete, Digest-Index (of Supreme Court - Law on Public Officers and Election Law, 1997Edi-
Decisions), for 1957 and 1959; and Jurado, Leading Cases in tion.
Civil -Law (Supreme Court), for 1958-1960;Daniel T. Martinez, Leveriza,J.P., Ethics in Government, 1996Edition.
Summary of Supreme Court Rulings, starting from 1986 fol-
lowingthe topic classificationin the bar examination;Jesus M. Martinez, D.T.,Law and Jurisprudence on Government
Elbinias,Philippine Judicial Weekly; and the Supreme Court Organization, Administration and Officers: A Source Book
Digest by a Supreme Court Committee. on Constitutional Law, Administrative Law and Public Of-
ficers.
B. Treatises and Textbooks Part I (Law), 1993 Edition
Treatises and textbooks are expositionsby legal writers on Part II (Jurisprudence), 1993 Edition.
statutory law and case law pertaining to a particular subject and
publishedin bookform. This definitionembodiesa range of publi-
Nolledo,The 1991 Local Government Code with Basic
cations,includingmulti-volumeworks,textbooks,and shorter mono-
graphs. Treatises and textbooksare usually able to treat a subject Features, 1991Edition (Codal).
in greater depth than a legal encyclopedia,but not to the extent - The Local Government Code of 1991Annotated, 1992
foundin a periodicalarticle. Editionwith 1998Addendum.
These treatises and textbooksare: - Administrative Code of 1987 with related laws, and
1) Administrative Law administrative issuances, 1996Edition(Codal).
Agpalo,RE., Philippine Administrative Law, 1999 Edi- -Barangay Justice Law, 1995Edition.
tion. Paras, E.L., The Administrative Code of 1987, 1996Edi-
- The Law on Public Officers, 1998Edition. tion (Codal).
Agra, A.C.,Compendium of Decisions, Rulings, Resolu- Pimentel,Jr., A.Q., The Local Government Code of 1991:
tions and Opinions on Local Autonomy and Local Govern- The Key to National Development, 1993Edition.
ment, 1996Edition.
- The Barangay and the Local Government Code, 1994
- Compendium on Local Autonomy and Local Govern- Edition.
ment, 1997Edition.
Rodriguez,R.B., Administrative Law: Notes and Cases,
Aguilar,N.M., Fundamentals of the Law Jurisprudence 1998Edition.
on Local Government Officialdom, 1997Edition.
- The Local Government Code of 1991Annotated, 1995
Agustin, V.L.,The Barangay: The Basic Political Unit,
Edition.
1992Edition.
Santiago, M.D., Local Government Annotated, 2000 Edi-
Aralar, R.B., Katarungang Pambarangay Rules and Ju-
risprudence, 2000Edition. tion.
Sibal,J.A.R.,Local Government Code (RA 7160)with re-
Cruz, C.L., Philippine Administrative Law, 1998Edition.
lated parts of the Constitution and Administrative Code Pro-
- The Law of Public Officers, 1999Edition. visions, and the Supreme Court Rulings from 1942 to 1995,
De Leon,H.S.,Administrative Law: Text and Cases, 1998 arranged according to the subject of the Code, 1996 Edition
(Reprinted 1998).
Edition
I
I
186 LEGAL RESEARCH

LAW BOOKS OF SECONDARY AUTHORITY 187

- The Law on Public Offices and Officers, 1993Edition.


- Administrative Law with Executive Order No. 292 Suarez,R.A.,Textbook on Agrarian Reform, Cooperatives
(Administrative Code), 1999Edition. and Taxation, 1995Edition.
Tendero,A.P., Theory and Practice of Public Administra-
tion in the Philippines, 1993Edition. 5) Arbitration Law
Lopez,J.V.,Private Justice: Alternative Dispute Resolu-
Tungol,M., Primer on the Local Government Code and
How to Improve Your Barangay, 1995Edition. tion in the Philippines, 1996Edition.
Rodriguez, R.B., Philippine Arbitration and the
- Primer on Local Government Code at Kung Paano
Mapapaunlad ang lnyong Barangay, 1995Edition. UNCITRALModel Law, 1996Edition.

Ursal, S.B.,Hanbuk sa Pangangasiwa ng Pananalapi sa 6) Banking


Barangay, 1996Edition.
Rodriguez,R.B.,The Laws on Banking and Finance in
UPLC,The Local Government Code:An Assessment, 1999 the Philippines, 1999Edition.
Edition. Viray,A.V. and Tabios,S.S., Casebook on Banking, 1994
Edition(Reprinted1997).
2) Agency - Handbook on Bank Deposit, 1998Edition.
Aquino,R.C.,Civil Code, Vol. 3, 1990Edition. - Checks: A Source of Legal Materials on Checks.
De Leon, H.S., Comments and Cases on Partnership,
Agency and Trusts, 1999Edition. 7) Building Code
Paras, E.L., Civil Code, Vol. 5, 2000Edition. PLG The National Building of the Philippines and its
impleme~ting rules and regulations, 1997Edition.
Tolentino,AM., Civil Code, Vol. 5, 1992Edition.

8) Business Law
3) Agrarian Reform
Agbayani,A.F.,Handbook on Partnerships and Private
Barte, R.P.,The Law on Agrarian Reform, 1991Edition. Corporations, 1998Edition.
Joven, R., Agrarian Reform Laws in the Philippine Set- De Leon, H.S., The Law on Obligations and Contracts,
ting, 1993Edition. 1999Edition.
Suarez, R.A.,A Mile to Go for Genuine Land Reform in - The Law on Partnerships and Private Corporation,
the Philippines, 1995Edition. 1997Edition.
- The Law on Sales, Agency and Credit Transactions,
4) Agrarian Reform (With:Taxation and Cooperatives) 1999Edition.
De Leon,H.S., Textbook on Agrarian Reform, and Taxa- - Comprehensive Review of Business Law, 1994 Edi-
tion with Cooperatives and CARP, 1998Edition. tion.
Nolledo,J.N., Principles of Agrarian Reforms, Coopera- - Comprehensive Review of Taxation, 2000Edition.
tives and Taxation, 1999Edition.
Llamado,C.P., et al., Philippine Taxes on Transfer and
RnRinPRR 1 !=li:lR F.rlit.lon
}EGAL RESEARCH LAW BOOKS OF SECONDARY AUTHORITY 189

'hilippine Law on Business Organiza- Jurado, D.P., Comments and Jurisprudence on Succes-
d Corporations), 1993 Edition. sion, 1991 Edition.
Law on Negotiable Instruments, 1993 - Comments and Jurisprudence on Obligations and
Contracts, 1993 Edition.
gency and Bailments, 1993 Edition. Pineda, E.L., Civil Code of the Philippines Persons (Book
I), 2000 Edition.
ions and Contracts, 1993 Edition.
- The Family Code of the Philippines Annotated, 1999
ligations and Contracts, 1998 Edition. Edition.
r's Organizations, 1998 Edition. - Handbook on Legal Separation, 1994 Edition.
gotiable Instruments, 1998 Edition. - Property (Arts. 414-773, CC), 1999.
- Succession (Arts. 774-1105, CC), 1998 Edition.
Paras, E.L., Civil Code of the Philippines Annotated, 5
h and State Law and Relations 1989 Vols., 1998-2000 Edition.
'
Vol. 1, Arts. 1-413, 1998 Edition.
Vol. 2, Arts. 414-773, 1999 Edition.

:lesma, RP., Manual on the Alien Regis- Vol. 3, Arts. 774-1105, 1999 Edition.
99 Edition. Vol. 4, Arts. 1106-1457, 2000 Edition.
::>utline of Philippine Immigration and Vol. 5, Arts. 1458-2270, 2000 Edition.
9 Edition.
Rodriguez, R.B., The Family Code of the Philippines An-
notated, 1995 Edition.
Santiago, M.D., Civil Code Annotated, 2000 Edition.
:~amily Code of the Philippines, 1997 Sison, J.A., Law Each Day: Vol. I, Marriage and Family
Life, 1998 Edition.
I Code of the Philippines, 3 Vols., 1990 Tulentino, AM., Commentaries and Jurisprudence on the
Civil Code of the Philippines, 5 Vols., 1990-1992 Edition.
1990 Edition. Vol. I, Arts. 1-413, 1990 Edition.
~57, 1990 Edition. Vol. II, Arts. 414-773, 1992 Edition.
~270, 1990 Edition. Vol. III, Arts. 774-1105, 1992 Edition.
ings and Jurisprudence in Civil Law: Vol. IV, Arts. 1106-1457, 1991 Edition.
ion.
Vol. V, Arts. 1458-2270, 1992 Edition.
rook on the Family Code of the Philip-
ULPC, Legal Aspects of Inter-Country Adoption, 1997
190 LEGAL RESEARCH LAW BOOKS OF SECONDARY AUTHORITY 191

12) Civil Procedure (See Rules of Court) Villanueva, C.L., Philippine Commercial Law, 1998 Edi-
tion.
13) Civil Service Law
- Philippine Corporate Law, 1998Edition.
Grande, A.G., Handbook on Investigation of Administra-
tive Disciplinary Cases in the Philippine Civil Service, 1999
Edition. 15) Constitutional Law
Leveriza, J.P., Ethics in Government, 1996Edition. Bernas, J.G., The Constitution of the Republic of the
Philippines -A Commentary, 1996Edition.
Martinez D.T., Law and Jurisprudence on Government
Organization, Administration and Officers: A Source Book - Constitutional Structure and Powers of Government,
on Constitutional Law, Administrative Law and Public Of- Notes and Cases, Part I, 1997Edition.
ficers - - Constitutional Rights and Social Demands, Notes and
Part I (Law), 1993Edition. Cases, Part II, 1996Edition.
Part II (Jurisprudence), 1993Edition. - The Intent of the 1987Constitution Writers, 1995Edi-
tion.
14) Commercial Law
- Foreign Relations in Constitutional Law, 1995Edi-
Agbayani, A.F., Commentaries and Jurisprudence on the tion.
Commercial Laws of the Philippines, 4 Vols.
Coquia, J.R., Human Rights:An Introduction Course, 2000
Vol. 1, Negotiable Instruments Law and Allied Laws, 1992 Edition.
Edition.
Cruz, I.A., Constitutional Law, 1998Edition.
Vol. 2, Insurance Law and Allied Laws, 1991Edition.
Decano, A.B., The Exclusionary Rules and Its Rationale,
Vol. 3, Private Corporations and Allied Laws, 1996Edition. 1997Edition.
Vol. 4, Transportation and allied laws, 1993Edition. De Leon, H.S. and Lugue, E.E., Textbook on the New Phil-
Martin, T.C., Commentaries and Jurisprudence on the ippine Constitution, 1999Edition.
Philippine Commercial Laws, 4 Vols. - Philippine Constitutional Law: Principles and Cases,
Vol. 1, Negotiable Instruments Law and Related Laws, 1988 2 Vols., 1999Edition.
Edition. Vol. 1, 1999Edition.
Vol. 2, Insurance Code and Related Laws, 1986Edition. Vol. 2, 1999Edition.
Vol. 3, Transportation and Related Laws, 1989Edition. Elma, M.B., The Aquino Presidency and the Consfitu-
Vol. 4, Corporation Code and Related Laws, 1986 Edition. tion, 1993Edition.
Paulino, B.P., The New Constitution, Annotated and Com-
Nolledo, J.N., Commercial 'Iaws of the Philippines, 1994
Edition (Codal). mented, 1990Edition.
Rodriguez, R.B., Constitutionalism in the Philippines, 1997
Rodriguez, R.B., The GATI' and WTO:An Introduction,
1998Edition. Edition.
Santiago, M.D., Constitutional Law, Text and Cases:
UPLC (Santiago, J.S.S.), World Bulletin Special Issue on
Economic Regionalism, 1996Edition. Vol. 1 - Political Structure, 2000Edition.
192 LEGAL RESEARCH LAW BOOKS OF SECONDARY AUTHORITY 193

Vol. 2 - Bill of Rights, 2000Edition. Vol. 1, 1990Edition (Reprinted 1999).


- Constitution Annotated, 1999Edition Vol. 2, 1990Edition (Reprinted 1996).
Sibal, J.A.R., The Constitution of the Republic of the Canlas, E.C., Handbook on Stocks, Stockholders, and Di-
Philippines 1987 with Explanatory Notes and Konstitusyon rectors, 1984Edition.
ng Republika ng Pilipinas, 1994Edition.
De Leon, H.S., Corporation Code of the Philippines An-
- Constitutional Law (SCRAAnnotations), 1987 Edi- notated, 1999Edition.
tion.
Lopez, R.N., The Corporation Code of the Philippines
Sison, C.V., Constitutional and Legal Systems of Asean Annotated, 3 Vols., 1994Edition.
Countries, 1990Edition.
Martin, T.C., Commercial Laws, Vol. 4, 1986Edition.
Suarez, R.A., Principles, Comments and Cases in Consti-
tutional Laws: Paras, E.L., et al., Corporate Law Practice and Litiga-
tion, 1994Edition.
Vol. I, 1999Edition.
Rodriguez, R.B., The Corporation Code of the Philippines,
Vol. II, 2000Edition. 1999Edition.
UPLC, Constitutional Law: Santiago, M.D., Corporation Code Annotated, 2000 Edi-
Vol. 1, 1990Edition. tion.
Vol. 2, 1990Edition. Tabios, S.S., Action Guides for Corporate Legal Manage-
Vol. 3, 1990Edition. ment, 1991Edition.
Vol. 4, 1990Edition. Villanueva, C.L., Philippine Corporate Law, 2001Edition.

16) Construction Law 19) Credit Transactions


Fernandez Jr., B.C., A Treatise on Government Contracts De Leon, H.S., Comments and Cases on Credit Transac-
Under Philippine Laws, 1996Edition. tions, 1999Edition.
Parlade, C.O., Construction Arbitration, 1997Edition. Rodriguez, R.B., The Law on Credit Transactions, 1992
Edition.
17) Cooperative
Aquino, A. "Butz," Primer on the Cooperative Code of the 20) Criminal Law (Penal Code)
Philippines, 1991Edition.
Aguilar, N.M., Criminal Actions, Prosecution and Rem-
edies, 1998Edition.
18) Corporation Law
Aquino, R.C., The Revised Penal Code, 3 Vols., 1997Edi-
Agbayani, A.F., Commercial Laws, Vol. 3, 1996Edition. tion.
Agpalo, R.E., Comments on the Corporation Code of the Vol. 1, Arts. 1-113,1997Edition (RP 2000).
Phils., 2001Edition.
Vol. 2, Arts. 114-266,1997Edition.
Campos, Jr., J.C. and Lopez-Campos, M.C., The Corpora-
tion Code: Comments, Notes and Selected Cases, 2 Vols. Vol. 3, Arts. 267-367,1997Edition.
LAW BOOKS OF SECONDARY AUTHORITY 195
194 LEGAL RESEARCH

Coronel, A.P., Libel and the Journalist, 1991 Edition. 21) Education Act
Dizon, A., Education Act of 1982 Annotated, 1990 Edition.
Kapunan Jr., R., Criminal Law, Book I, 1998 Edition.
Kho, D.L., Businessmen's Guide on Bouncing Checks, Jimenez, J.B., Current Issues/Problems in Legal Educa-
2000 Edition. tion, 1992 Edition.
Nolledo, J.N., The Education Act of the Philippines, An-
Lat, J.C., Handbook on Batas Pambansa Blg. 22 and
Estafa, 1998 Edition. notated, 1995 Edition.

Noble, M., The Anti-Graft and Corrupt Practices Act, Ex- 22) Election Law
plained and Annotated, 1994 Edition. Agpalo, R.E., Comments on the Omnibus Election Code,
Nitafan, D.G., Notes and Comments on the Bouncing 1998 Edition.
Checks, 1995 Edition (Reprinted 1997). Agra, A.C., A Q&A Primer on the Philippines Party-List
- Annotations on the Dangerous Drugs Act (RA No. System, 1997 Edition.
6425), 1995 Edition. Calderon, A.M., Omnibus Election Code, 1998 Edition·
Padilla, A., Criminal Law - Revised Penal Code Anno- (Codal),
tated, 4 Vols., 1988-1990, 1998 Edition with 1992 Supplement. Igot, R.B., Primer on the Anti-Dagdag-Bawas and Party-
Vol. I, Arts. 1-45, 1998 Edition. List System, 1998 Edition.
Martinez, D.T., Law and Jurisprudence on Suffrage and
Vol. II, Arts. 46-113, 1988 Edition.
Elections, 1992 Edition.
Vol. III, Arts. 114-266, 1989 Edition.
- 1995 Supplement to Law and Jurisprudence on
Vol. IV, Arts. 267-367, 1990 Edition. Suffrage and Elections.
1992 Supplement for Criminal Law. Rodriguez, R.B., The Laws and Regulations Governing
The 1998 National and Local Elections, 1998 Edition.
Palattao, R.G., The Revised Penal Code Made Easy, Book
I, 1998 Edition.
23) Evidence
Regalado, F.D., Criminal Law Conspectus, 2000 Edition. Echaves, V.B., Evidence in Philippine Jurisprudence, 1991
Reyes, L.B., The Revised Penal Code, 2 Vols., 1998 Edition. Edition.
Vol. 1, Arts. 1-113, 1998 Edition. Francisco, V.J. (Updated and Revised by Justice Ricardo J.
Francisco), Revised Rules of Court - Evidence:
Vol. 2, Arts. 114-367, 1998 Edition.
Part I, 1997 Edition.
Rodriguez, R.B., The Sandiganbayan, The Ombudsman,
The PCGG,The Anti-Graft Laws, and the Code of Conduct Part II, 1997 Edition.
for Public Officers: The Laws, Rules of Procedure and Cases - Basic Evidence, 1999 Edition.
2000 Edition. '
Herrera, O.M., Remedial Law (Evidence):
Sangco, J.C.S., Handbook on Probation, 1995 Edition.
Vol. 5, Rules 128-130, 1999 Edition.
Santiago, M.D., Penal Code Annotated, 1999 Edition.
Vol. 6, Rules 131-133, 1999 Edition.
. 196
LEGAL RESEARCH LAW BOOKS OF SECONDARY AUTHORITY 197

Padilla, A., Evidence Annotated: Amador, V.B., Trademark Under the Intellectual Prop-
Vol. 1, 1992 Edition erty Code, 1999 Edition.
Vol. 2, 1994 Edition. - Copyright Under the Intellectual Property Code, 1998
Edition.
Sibal, J.A.R. & Salazar, Jr., J.N., Compendium on Evidence
1995 Edition. · ' Aquino, R.C., Intellectual Property Law: Comments and
Annotations, 1998 Edition.
Tabios, S.S., Action Guides on Evidence: A Case Manage-
ment Guidebook. Madrilejos, A.M., Registration and Protection of Trade-
marks, etc., 1999 Edition.
. Vol. 1, Acquisition and Admissibility of Evidence, 1997 Edi-
tion,
27) International Law (Public and Private)
Vol. 2, Presentation and Quantification of Evidence 2000 Edi-
~~ ' Aquino, R.C., Private International Law, 1998 Edition.

24) Firearm Law Coquia, J.R. and Pangalangan, E.A., Conflict of Laws, 1995
Edition.
Ulep, M.C., The Law on Firearms and Explosives 1999
Edition. ' Coquia, J.R. and Santiago, M.D., International Law, 1998
Edition.
25) Insurance Cruz, I.A., Philippine International Law, 1998 Edition.
Agbayani, A.F., Commercial Laws, Vol. 2, 1991 Edition. Paras, E.L., Philippine Conflict of Laws, 1996 Edition.
De Leon, H.S., The Insurance Code of the Philippines - International Law and World Politics, 1994 Edition.
Annotated, 1998 Edition.
Salonga, J.R., Private International Law, 1995 Edition.
- The Law on Insurance with Insolvency Law 1998
Editioo. ' Santiago, M.D., International Law, with Philippine Cases
and Materials and Asean Instruments, 1999 Edition.
- The Law on Insurance and Sales, 2000 Edition.
Rodriguez, R.B., The Insurance Code of the Philippines 28) Introduction to Law
Annotated, 1999 Edition.
Gamboa, M.J., An Introduction to Philippine Law, 1969
Martin, T.C., Commercial Laws, Vol. 2, 1986 Edition.
Edition (Reprinted 1996).
Tiopianco, T., Commentaries and Jurisprudence on the
Insurance Code, 1992 Edition. Lizaso, M.T., Introduction to Law, 1991 Edition.
Rodriguez, R.B., Introduction to Law, 2001 Edition.
- New Insurance Reviewer (Life and Non-Life) 1992 Edi-
tion. ' Suarez, R.A., Introduction to Law, 1995 Edition.

26) Intellectual Property 29) Investments Law


Agpalo, R.E., The Law on Trademark, Infringement and Rodriguez, R.B., Investment Laws of the Philippines, 1997
Unfair Competition, 2000 Edition. Edition.
LAW BOOKS OF SECONDARY AUTHORITY 199
198 LEGAL RESEARCH

Foz, V.B., Labor Code of the Philippines, 2000 Edition


30) Judges and Courts
(Codal).
Aguilar, N.M., Practice and Procedure Before the Infe-
Guevarra, D.G., Unyonismo sa Pilipinas, 1995 Edition.
rtor.Courts with Bai}Bond Guide of 1981, and pertinent SC
Circulars, 1996 Edition. Manalac, Philippine Labor Laws and Jurisprudence, 1999
Gubat, M.M.,The Special Rules of Procedure Governing Edition.
the Shari'a Courts Annotated, 1995Edition. Martinez, D.T., Law and Jurisprudence on Labor and
Social Legislation, 3 Vols.
Nitafan, D., Primer on the Judicial Power, 1991 Edition.
Vol. I, Laws and Regulations, 1995Edition.
Pano, E.C., The Trial Judges Workbook, 1986 Edition.
Vol. II-A, Jurisprudence, 1995 Edition.
- The Judiciary and the Bar Judges, Lawyers, Courts
and Other Legal Essays With a History of the Supreme Court, Vol. II-B, Jurisprudence, 1995 Edition.
1995 Edition. Nolledo,J.N., The Labor Code of the Philippines, 1999
Quiason,C.D., Philippine Courts and Their Jurisdictions Edition (Codal).
1993 Edition. ' Poquiz, S.A., Labor Relations Law with Notes and Com·
ments, 1999Edition.
Rodriguez, R.B., The Sandiganbayan, The Ombudsman,
The PCGG, The Anti-Graft Laws, and the Code of Conduct - Labor Standards Law with Notes and Comments, 1999
for Public Officers: Laws, Rules of. Procedure and Cases Edition.
2000 Edition. ' . Rodriguez, R.B., Labor Relations Law with Notes and
- Manual on Jurisdiction and Directory of Courts and Cases, 1999Edition. ·
Agencies Involved in the Administration of Justice, 2000Edi- Sibal, J.A.R., Philippine Labor Jurisprudence and Prac-
tion. tice, 1997Edition.
Ungos,P.D., Labor Code of the Philippines Annotated, 2
31) Labor and Social Legislation vols.
Amador, V.B., The Law on Strikes, 1999 Edition. Vol. 1, 1996Edition
- Labor Standards Administration, 2000 Edition. Vol. 2, 1998 Edition.
Azucena, C.A., The Labor Code: Comments and Cases, 2 UPLC (Arroyo, B.V.C.), The Laws and Jurisprudence on
vols. Retirement, 1998 Edition.
Vol. 1, 1999 Edition
32) Land Titles and Deeds
Vol. 2, 1999 Edition. Aquino, A.D., Land Registration and Related Proceed-
- Everyone's Labor Code, 2001 Edition. ings, 1997Edition.
Chan, J.G., Law on Labor Relations and Termination of Noblejas, A.H. and Noblejas, E.H., Registration of Land
Employment Annotated, 1996Edition. Titles and Deeds, 1992 Edition.
- Law on Labor Standards and Social Legislation An· Pena, N., et al., Registration of Land Titles and Deeds,
notated, 1997Edition. 1994 Edition.
200 LEGAL RESEARCH LAW BOOKS OF SECONDARY AUTHORITY 201

33) Legal Ethics Bara-Acal,A.M., and Astih, A.J., Muslim Law on Personal
Status in the Philippines, 1998Edition.
Agpalo, R.E., Legal Ethics, 1997Edition.
Razul, J.D., The Family Code and the Muslim Code,.1994
. . ~Code of Professional Responsibility for Lawyers, 1991
Edition. Edition.

Domondon, A.T., Legal and Judicial Ethics, 1999Edition. 37) Natural Resources
Pineda, E.L., Legal and Judicial Ethics, 1999Edition. Pena, N., Philippine Law on Natural Resources, 1997
Sangco, J.C.S., Legal Ethics, 1996Edition. Edition.

38) Negotiable Instruments Law


34) Legal Medicine
Agbayani,A.F., Commercial Laws, Vol. 1, 1992Edition.
Nitafan, D.G., Annotations on the Dangerous Drug Act
1995Edition. ' Campos,J.C. and Campos,Ma. C., Notes and Selected Cases
on Negotiable Instruments Law, 1994Edition(Reprinted 1999).
Solis, P., Legal Medicine, 1987 Edition.
De Leon, H.S., The Philippine Negotiation Instruments
- Medical Jurisprudence, 1988 Edition. Law Annotated, 1996Edition.
Martin, T.C., Commercial Laws, Vol. 1, 1988Edition.
35) Legal Research and Writing
Barte, R.P., Legal Counseling with Notes on Practicum 39) Obligations and Contracts
and Court Practice, 1997Edition. ' Aquino, R.C.,Civil Code, Vol. 2, 1990Edition.
Gupit, Jr., F. and Martinez, D.T., A Guide to Philippine De Leon, H.S., Comments and Cases on Obligations and
Legal Materials, 1993Edition. Contracts, 1993Edition.
- Excerpts from a Guide to Philippine Legal Materials Jurado, D.P., Comments and Jurisprudence on Obliga-
1995Edition. ' tions and Contracts, 1993Edition.
Javines, F., Legal Writing: Logic and Language in Law Paras, E.L., Civil Code, Vol. 4, 2000Edition.
1993Edition. '
Rodriguez, R.B., The Law on Obligations and Contracts,
Sangco, J.C.S., Legal Writing, 1995Edition. 1987Edition.
Ulep, M.C., A Handbook on Legal Counselling and Inter- Sta. Maria, M.S., Obligations and Contracts: Text and
viewing, 1997Edition. Cases, 1997Edition.
Tolentino, A.M., Civil Code of the Philippines, Vol. 4, 1991
36) Muslim Law
Edition.
Alauya, S., Muslim Inheritance Law, 1989 Edition.
40) Parliamentary Law
- Quizzer in Muslim Personal Law, 1993 Edition.
Orendain, A., Parliamentary Rules, 1992Edition.
Arabani, B., Commentaries on the Code of Muslim Per-
sonal Laws of the Philippines, 1990Edition. - Mga Tuntuning Parliamentaryo, 1989Edition.
LAW BOOKS OF SECONDARY AUTHORITY 203

202 LEGAL RESEARCH


Sta. Maria, Jr., M., Persons and Family Relations Law,
1999 Edition.
- Robert's Rules of Order, 1990 Edition(Revisedby Evans).
Tolentino,A.M., Civil Code of the Philippines, Vol. 1, 1990
Edition.
: 41) Partnership
Aquino,R.C.,Civil Code, Vol. 3, 1990 Edition. 43) Philosophy, Legal
Bautista, E., Treatise on Philippine Partnership, 1995 Aquino, R.C., A Philosophy of Law, 1994 Edition.
Edition. Pascual, C., Introduction to Legal Philosophy, 1997
De Leon, H.S., Comments and Cases on Partnership, Edition.
Agency and Trusts, 1999 Edition.
44) Political Law
Paras, E.L., Civil Code of the Philippines, Vol. 5, 2000
Edition. Bernas, J.G., The Constitution of the Republic of the
Philippines -A Commentary, 1996 Edition.
Tolentino,AM., Civil Code of the Philippines, Vol. 5, 1992
Edition. Cruz, I.A.,Philippine Political Law, 1998 Edition.
Jimenez, J.D., Political Law Compendium, 1996 Edition.
42) Persons and Family Relations
45) Property
Albano, Ed V.S., Family Code· of the Philippines, 1997
Edition. Aquino, R.C.,Civil Code, Vol. 1, 1990 Edition.

Aquino,R.C., Civil Code, Vol. 1, 1990 Edition. De Leon, H.S., Comments and Cases on Property, 1998
Edition.
Bara-acal, A.M. & Astih, A.J., Muslim Law on Personal
Status in the Philippines, 1998 Edition. Nolledo,J.N., Philippine Law on Property, 1995 Edition.

Diy, AV., Handbook on the Family Code of the Philip- Pineda, E.L., Property, 1999 Edition.
pines, 1995 Edition (Reprinted1999). Paras, E.L., Civil Code of the Philippines, Vol. 2, 1999
Paras, E.L., Civil Code of the Philippines, Vol. 1, 1998 Edition.
Edition. Tolentino,A.M., Civil Code, Vol. 2, 1992 Edition.
Pasimio, R.R., The Family Code of the Philippines, 1998
Edition. 46) Rental Law
Pineda, E.L.,Civil Code of the Philippines: Persons (Book Sia, C.O., The New Rent Control Law: Questions and
I), 2000 Edition. Answers on Batas Pambansa Big. 877, as extendedBy RA8437
up to the year 2001, 1998 Edition.
Pineda, E.L., The Family Code of the Philippines Anno-
tated, 1999 Edition.
47) Roman Law
Razul, J.D., The Family Code and the Muslim Code, 1994
Edition. Coquia, J.B., Principles of Roman Law, 1979 Edition (Re-
printed 1998).
Rodriguez,R.B., The Family Code of the Philippines, 1995
Edition.
LAW BOOKS OF SECONDARY AUTHORITY 205
204 LEGAL RESEARCH

Miravite,L.F.,Handbook on Roman Law, 1972Edition (Re- Vol. VII, Evidence(Part I), 1997Edition.
printed 1991). Vol. VII, Evidence(Part II), 1997Edition.
Suarez, R.A.,Comparative Study: Roman Law and Juris- Gayo, E.L., Civil Procedure, 1999Edition.
pr'udence, 1989Edition.
Gubat, M.M.,The 1997 Rules of Civil Procedure Anno-
tated, 2000Edition.
48) Rules of Court
Gupit, F., Significant Revisions in Civil Procedure, 1998
Aguilar, N.M., Criminal Actions, Persecution and Rem- Edition.
edies, 1998Edition (Reprinted 2000).
Herrera, O.M., Remedial Law:
- Practice and Procedure Before the Inferior Courts
1996Edition. ' Vol. 1, Rules 1-23, 2000 Edition.

- The New Rules on Ejectment, 1999Edition. Vol. 2, Rules 24-56,2000 Edition.

Apostol, S.A.F.,Essentials of Special Proceedings, 2000 Vol. 3, Rules 57-71, 1999Edition.


Edition. Vol. 3-A, Rules 72-109, 1996Edition.
Aquino, A.D., Law and Jurisprudence on Ejectment, 1997 Vol. 4, Rules 110-127, 1992Edition.
Edition.
Vol. 5, Rules 128-130,1999Edition
Aquino,H.Y.,Aspects of Jurisdiction, 1999Edition.
Vol. 6, Rules 131-133,1999Edition.
Balgos, M.O.T.,Handbook on the Law on Pleadings 1983
Vol. 7, Comments on the 1997 Rules of Civil Procedure, as
Edition. '
amended (Rules 1-71,Rules of Court), 1997Edition.
Bernardo, O.B., The Law on Certiorari, Prohibition,
- A Handbook on Arrest, Search and Seizure and Cus-
Mandamus, Restraining Order and Injunction, 2000 Edition.
todial Investigation, 1994Edition.
- Criminal Procedure Annotated, 2000 Edition.
Laureta, W.G., Commentaries and Jurisprudence on In-
-The Book on Judgments, Appeals and Execution, 1999 junction, 1989Edition.
Edition.
Manalastas, D.A., The Law on Ejectment, 1999Edition.
Bersamin, L.P., Appeal and Review in the Philippines,
Moran, M.V., Comments on the Rules of Court:
2000 Edition.
Vol. 1, Civil Procedure, Rules 1-23, 1995Edition.
Estebal, A.C.,Law on Arrest, 1996Edition.
Vol. 2, Civil Procedure, Rules 24-56, 1995Edition.
Echavez,V.B., Evidence in Philippine Jurisprudence, 1990
Edition. Vol. 3, Provisional Remedies, Special Civil Actions and Special
Feria, J., 1997Rules of Civil Procedure, Rules 1-71,Rules Proceedings, Rules 57-109, 1997 Edition.
of Court, 1997Edition. Nolledo, J.N., Handbook on Criminal Procedure Anno-
Francisco, V.J., The Revised Rules of Court in the Philip- tated, 1994Edition.
pines: Olivares, N.T., A Layman's Guide to Court Procedures: A
Vol. IV, Provisional Remedies, 1998Edition. Handbook on Lawsuits, 2000 Edition.
206 LEGAL RESEARCH LAW BOOKS OF SECONDARY AUTHORITY 207

Padilla, A., Evidence Annotated: 51) Statutory Construction


Vol. 1, 1992Edition. Agpalo,R.E., Statutory Construction, 1998Edition.
Vol. 2, 1987 Edition. Laurel, J., Statutory Construction, 1999Edition.
Pamaran, M.R., 1985 Rules on Criminal Procedure An- - Pleaders Guide to Quotations and Citations in Statu-
notated, 1999Edition. . ' tory Construction, 1991Edition.
Paras, E.L.,Rules of Court Annotated, Rules 128-134 Vol Rodriguez, R.B., Statutory Construction, 1999Edition.
4, 2000 Edition. ' .·
Sibal, J.A.R., Statutory Construction, 1994Edition.
Quiason,C.D.,Philippine Courts and Jurisdictions 1993 Suarez, R.A., Statutory Construction, 1993Edition.
Edition. '
Regalado,F.D.,Remedial Law Compendium: 52) Succession, Wills
Vol. 1, Rules 1-71, 1999Edition. Aquino, R.C., Civil Code, Vol. 2, 1990Edition.
Vol. 2, Rules 72-134,2000 Edition. Balane, R.F., Jottings and Jurisprudence in Civil Law
(Succession), 1998 Edition.
Rodriguez, R.B., The U.S. "RICO" Law and Federal Crimi-
nal Procedure: Their Adaptability in the Philippines 1996 _ 1. De Leon, H.S., Comments and Cases on Succession, 1993
Edition. ' Edition.
Santiago,M.D.,Rules of Court Annotated, 1999 Edition. ,; Jurado, D.P., Comments and Jurisprudence on Succes-
sion, 1993 Edition.
Sibal, J.A.R. and Salazar, Jr., J.N., Compendium on Evi-
dence, 1995Edition. Nolledo, J.N., The Inheritance Law in the Philippines,
1996Edition.
49) Sales Paras, E.L., Civil Code, Arts. 774-1105, Vol. 3, 1999Edition.
Aquino,R.C.,Civil Code, Vol. 3, 1990Edition. Pineda, E.L., Succession, 1998Edition.
De Leon, H.S., Comments and Cases on Sales 2000 Edi- Tolentino, A.M., Civil Code, Arts. 774-1105, Vol. 3, 1992Edi-
tion. ' tion.
Paras, E.L., Civil Code, Arts. 1458-2270, Vol. 5, 2000 Edi- ·11 53) Tariff and Customs Code
tion.
PTC, Tariff and Customs Code of the Philippines: Har-
Tolentino, A.M., Civil Code, Arts. 1458-2270, Vol. 5, 1992 monized Commodity Description and Coding System, Vol. 1,
Edition. 1998 Edition.
Villanueva, C.L., Philippine Law on Sales, 1998Edition. PTC, Tariff and Customs Code of the Philippines, Vol. II,
·1998 Edition.
50) Securities Act PTC, Compendium of Tariff Commodity Classification
Balbastro, A.E., Handbook on Jurisdiction of the Securi- Ruling, 1998 Edition.
ties and Exchange Commission and Other Intra-Corporate Tejam, M.A., Commentaries on the Revised Tariff and
Case, 1992Edition. Customs Code, 4 Vols.:
LAW BOOKS OF SECONDARY AUTHORITY 209
208 LEGAL RESEARCH

Santos, G.T., et al., Taxation: Concepts, Principles, Prac-


Vol. 1, Secs. 100-104 and Chapters 1-38, 1991 Edition.
tice And Trends, 1999 Edition.
Vol. 2, Chapters 39-84, 1992 Edition.
Tabios, S.S., Action Guides for Tax Management:
Vol. 3, Chapter 85-90, 1984 Edition
VoL 1, Income,Estate and DonorsTaxation, 1994 Edition.
Vol. 4, Chapters 91-99 and Secs. 105-4 704, 1986 Edition.
Vol. 2, Value Added and Gross Receipts Taxation, 1996 Edi-
- Customs Brokers Reviewer (1979, 1981, 1983 and 1987 tion.
Examinations),1989 Edition (Reprinted 1996).
Vol. 3, Excise Taxationand Tax Remedies,1995 Edition.
Tomacruz, A.L. and Tabios, S.S., Resource Handbook in
54) Taxation Taxation:
Go, J.V., Commission on Audit Regulations and Juris- Vol. 1, IncomeTax, 1988 Edition.
prudence, 1998 Edition.
Vol. 2, Estate, Donorand Value-AddedTaxes, 1989 Edition.
Gonzales,E.G., National Internal Revenue Code of 1979
With Annotations and Implementing Regulations, 1999 Edi- Vol. 3, Other Business Taxes, 1994 Edition.
tion. Villanueva, A.A., Taxation Simplified, 1999 Edition.
De Leon, H.S., The Fundamentals of Taxation, 2000 Edi- Vitug, J.C. and Acosta,E.D., Tax Law and Jurisprudence,
tion.
2000 Edition.
- The Law on Transfer and Business Taxation, 2000
Edition. 55) Torts and Damages
- The Law on Income Taxation, 1998 Edition. Decano, A., Torts and Damages, 1996 Edition.
- National Internal Revenue Code Annotated, 2000 Edi-
Sangco, J.C.S., Torts and Damages, 2 Vols.
tion.
Vol. 1, 1993 Edition.
Llamado, C.P., et al., Philippine Taxes on Transfer and
Business, 2000 Edition. Vol. 2, 1994 Edition.
- Philippine Income Tax, 1998 Edition. Sison, C.V., Handbook on Damages, 1993 Edition.
Luk.ban,J.P. and Tabios,S.S., Principles and Remedies for Suarez, R.A.,Torts and Damages, 1995 Edition.
Income Tax Management, 1993 Edition.
Nolledo,J.N., The New Expanded VAT Law (RA 7716), 56) Transportation, Admiralty and Maritime Law
1995 Edition.
Agbayani, A.F., Commercial Laws, Vol. 4, 1993 Edition.
Ordono,E.O., Utilizing the Taxpayer's Statement of As-
sets, Liabilities and Network in Tax Investigation and As- Bolado, R.C. and Idulan, J.L., Comprehensive ~ext and
sessment, 1999 Edition. Reviewer in Marine Engineering, with Recent Questions and
Answers on the Computerized Marine Engine Officers
- Philippine Tax Treatises, 1997 Edition. Licensure Examination, 1993 Edition.
Santiago, M.D., National Internal Revenue Code Anno- Campo, A., Maritime Law I, 1993 Edition.
tated, 2000 Edition.
210 LEGAL RESEARCH
LAW BOOKS OF SECONDARY AUTHORITY 2111

Hernandez, E.F. and Penasales, A.A.,Philippine Admiralty


and Maritime Law, 1987 Edition. C. Bar Reviewers
Martin, T.C., Transportation and Related Laws (Vol. 3 Although the bar review materials could be classified under
Commercial Laws), 1989 Edition. ' Treatises and Textbooks,because of the importance of the bar ex-
"Rodriguez, R.B., The Law on Transportation, 1997 Edi- ams, we will treat this separately. Bar review materials are very
tion. helpful to fourth year law students arid those reviewingfor the bar.
. - The Regulatory Laws and Cases on Land, Water, and They are also very important to legal researchers because
Air Transportation in the Philippines, 1999 Edition. j;hey present a concisepresentation of the law, legal doctrines and
Tiopianco,C.P., Handbook on Philippine Motor Car Poli- wading SupremeCourt decisionsin capsulizedform. They are usu-
cies, 1994- Edition. ~lly very current and include the latest SC decisions. ·
Ventosa,F.T. and Bartolo, D.L., International Regulations An exampleis Florenz Regalado's Remedial Law Compen-
for Preventing Collisions at Sea, 1994 Edition. dium which is not only a goodreviewerbut is also very helpful in
- Tanker Safety, 1994 Edition. legal research.
- Maritime Ethics, 1994 Edition. These reviewers are:
Ventosa, F.',r., Useful Tables for l\Jaritime Schools 1994
Edition. · ' Albano,Ed. V.S.,Civil Law Reviewer, 1998 Edition

- Knowledge Re-Ship Business for Maritime Schools - Remedial Law Reviewer, 1998 Edition.
1994 Edition. ' - Political Law Reviewer, 1998 Edition.
- Safety of Life at Sea for Maritime Schools, 1993 Edi- - Bar Reviewer. in Legal Ethics, 2000 Edition.
tion.
Bernas, J.G., The 1987 Philippine Constitution - A
57) Trial Practice Reviewer-Primer, 2002 Edition.
Balbastro, A.E., Trial Technique and the Practice of Law, Cruz, 1.A., International Law Reviewer, 1996 Edition.
1989 Edition.
Domondon,AT., Bar Reviewer in Taxation:
Balgos, M.O.T., Handbook on the Law of Pleadings, 1999
Edition. Vol. I, 1999 Edition.
Casanova,C.A., Cross-Examination Mirror, 1999 Edition. Vol. II, 1999 Edition.
Coronel, A.P.,Handbook on Trial Practice, 1990 Edition. Francisco,R.J., Criminal Procedure (Questions and An-
Francisco, R.J., Trial Technique and Practice Court: swers), Rules 110-127, 1996 Edition.
Vol. I, 1999 Edition.
-Evidence (Questions andAnswers), Rules 128-134, 1996
Vol. II, 1999 Edition. Edition.
Vol. III, 2000 Edition. Garcia, O.S., Pre-Week Memory Aid in All Bar Subjects,
'
Pamaran, M.R., Trial Practice in Philippine Courts, 2000 1997 Edition.
Edition.
Gupit, F., Passing the Bar or How to he a Lawyer, 1983
(Source: 2000 Catalogue, Philippine Legal Publications, Cen- Edition.
tral BookSupply, Inc. and Central ProfessionalBooks, Inc. Manila) -Pointers in Remedial Law, 1999 Edition.
212 LEGAL RESEARCH LAW BOOKS OF SECONDARY AUTHORITY 2ll3

Gregorio,A.L., Fundamentals of Criminal Law Review UPLC, Answers to Bar Examination Questions:
1997Edition. '
(AvailableJune, 2000)
,Jimenez, J.D., Political Law Compendium, 1996 Edition in Civil Law, 1975-1999
(Reprinted 1998) · in Mercantile Law, 1975-1999
Jurado, D.P.,Civil Law Reviewer, 1998 Edition. in Remedial Law, 1975-1999
in Political Law, 1987-1999
Laureta, W.G., Secrets on How to Pass the Bar Examina-
in Taxation, 1991-1999
tion, 1990 Edition.
in Labor and Social Legislation, 1987-1999
Magallona,M.M.,A Primer in International Law and Re- in Legal and Judicial Ethics
lation to Philippine Law, 1997 Edition. Vitug, J.C. Pandect of Commercial Law and Jurispru-
- A Primer on the Law of the Sea, 1997 Edition. dence, 1997Edition
- A Primer on the Law of Treatises, 1997 Edition. - Compendium of Civil Law, 1993Edition.

Mendoza,V.V., Bar Review Guide in Political Law, 1989 (Source:2000 Catalogue, Philippine Legal Publications, Cen-
tral BookSupply,Inc. and Central ProfessionalBooks, Inc. Manila)
Edition (Reprinted'1997).
Miravite, J.V.,Bar Review Materials in Commercial Law D. Legal Pertodicals
1998 Edition. '
While the use of legal periodicals in legal research is indis-
Nachura, A.B., Outline/Reviewer in Political Law, 2000 pensable in the the United States, it is not widely used in the
Edition. Philippines. The most .serious and highly reputed legal periodicals
are the academiclaw reviews producedat the major Americanlaw
Nolledo,J.N., Bar Reviewer in Taxation, 1998 Edition. schools.Law reviews are published by virtually all accredited law
Pano, E.C., Bar Reviewer in Legal and Judicial Ethics schoolsas training grounds for students editors. They contain both
articles by established scholars and student-written commentsand
1997 Edition. '
case notes. Both lead articles and commentsare marked by exten-
Perez, H.B.,Reviewer on Insurance, Insolvency and Code sive footnotes,making them useful research tools.
of Commerce, 2000 Edition. In addition to general law reviews, there is an ever growing
number of specialized academicjournals, focusing on topics from
Regalado,F.D., Remedial Law Compendium:
ecologyto industrial relations. Most of these are student-edited,
Vol. 1, Rules 1-71, 1999 Edition. but a few specialized scholarly journals, such as the American
Journal of Legal History and the Journal of Legal ffistory
Vol. 2, Rules 72-134,2000 Edition. and the Journal of Legal Studies, are edited by faculty.
Rodriguez, Jr., L.G., Common Sources of Bar Questions, Numerous periodicalsare publishedby the American Bar As-
2000 Edition. sociation and other professional groups. Bar journals tend to f ea-
ture articles of a shorter, more popular nature than the law re-
Rodriguez,R.B., The Family Code Reviewer, 1995Edition. views and contain more news of current legal developments. Most
Sababan, F.J. and Bundac, L.A., Taxation Law Reviewer, A.B.A.sections issue their own publications, including several re-
2000 Edition. spected, scholarly journals. Several state and local bar associations
and specializedbar groups also publish journals, usually of more
Sandoval,E.G., Pointers in Criminal Law, 1998 Edition. limited scope and quality.
2115
214 LEGAL RESEARCH LAW BOOKS OF SECONDARY AUTHORITY

In the Philippines, there have been some of legal periodicals After Justice Moreno, the long time pioneer in newspap~r
published.The list includes:Ateneo Law Journal; Court of Agrar- case digest columnsis the principal author, Dean .Fortunato Guprt,
ian Relations Journal; Far Eastern Law Review; Francisco Jr He started with the Manila Times in 1972 which was closedby
College Law Journal;Jntegrated Bar of the Philippines Jour- m~rtial law that same year. Then Dean Gupit appeared in .the
Times Journal from 1975 to 1983. After the Febru~ry ~evolution,
nal; Lawyers Journal; The Lawyers Review; Lyceum Law
his column of this sort was published by the Manila Tim~s w~en
Review; MLQ Law Quarterly; Philippine International Law
publisher and patriot Chino Roceshandled the paper agam. W~th
Journal; Philippine Labor Law Journal; Philippine Law Jour-
the death of Chino Roces, Dean Gupit transferred to the Evening
nal (of UP); Philippine Lawyers Association Journal; Philip- Star where he came out daily for some time until the paper closed.
pine Tax Journal; San Beda Law Journal; Tax Quarterly of
the Philippines; The Law Review (U.S.T.);University of the Once the Daily Express had case clippingsby J~~ge ~anti~o
East Law Journal; University of Manila Law Gazette Jour- Ranada. His column is now running daily in the Philippm~ Daily
nal; and University of San Carlos Law Review. Inquirer. The Philippine Star, on the other hand, has a daily col-
umn written by Jose C. Sison, called "A Law Each Day (Keeps
The leading law journal in the Philippines is the Philippine
Law Journal of the U.P. Collegeof Law which has been in exist- TroubleAway)."
ence' since 1910. It is distinguished by its scholarly articles, re- Business Day had a long columnby Matias Defensor, _deali~g
views and commentaries.It is exchangedwith leading universities with recent decisions.There was a daily column on Pres~de_ntial
in the United States and Europe and its articles by leading Filipino Decrees by then Assemblyman,later COMELECCommis~10ner
academicians and students of the College of Law are recorded in Jaime Opinion, which appeared in the Times Jour~al, but it_ was
bibliographiclistings around the world. The other law reviewspub- shortlived. Currently,inforirfative columnson Taxation are ~ttcn
lished by law schools are the Ateneo Law Journal, San Beda by Rubin F. Makalintal for the Manila Bulletin and Sevenano S.
Law Journal, UST Law Review and Far Eastern Law Re- Tabiosfor the Philippine Daily Inquirer.187
view, San Sebastian Collegeof Law will soonbe publishingits San
Sebastian Law Review.
E. Legal Encyclopedia
The Journal of the Integrated Bar of the Philippines is pub- While a textbookdeals with one subject or phrase of a sub~~ct
lished by the IBP for its more than 40,000members. of the law, encyclopediatreats of all subjects.It is a comprehens1~e
Journals in taxation and financeare the Philippine Tax Jour- treatise of the entire field of the law. This whole field of the law ~s
nal, the Finance Journal, the Tax Monthly, the National In- divided into topics arranged in alphabetical order. It presents m
ternational Review Journal. The old GovernmentAuditing Of- concise form, brief but comprehensive statements of the current
fice had its GAO Journal. There is an Insurance and Finance law upon said topics.
Journal published by the Insurance Associationof the Philippines. The text statements of an encyclopedia, like a digest are those
We have also the Journal of the Bank Administration Insti- of abstract legal principles logically and succinctly arranged and
tute. The U.P. Law Center has a Batas at Katarungan, which is classified according to legal subject matters, and supported by foot-
described as a Journal on Law and Justice, publishedtwice a year. note reference to the decisions which are relied upon to support
It is a commonthing for newspapers to carry daily case di- ;I these principles.
:!
gests which contain brief rulings of recent decisionsof the Supreme A legal encyclopedia as distinguished from law diction~ries ~s
Court which are not yet found in the books. Lawyers clip and file a subject-book which presents to the user the means of making his
them. The newspaper case digest was started by Justice Federico
B. Morenoin the Manila Times and the Daily Mirror prior to mar-
tial law. The Bulletin Today carried a case digest without a by-line.
It was the longest running digest in the daily newspapers. 1a'Gupit, op. cit., pp. 176-177.
2117
LAW BOOKS OF SECONDARY AUTHORITY
216 LEGAL RESEARCH

. . ted to Philippine codes or statutes and/or tlae


own definitions. It deals with a whole field of law as distinguished defimtions are re1 a db it ti
authoritative court decisions where they may be foun y ci a ion
from treatises which treats of a portion of the subject. It gives a to specificprovisions of law or to reported cases.
literary statement of the law as distinguished from digests which
presents isolated summaries of points of law. The other law dictionaries are: Gamboa: ~ic~ionary of ~~-
ternational Law and Diplomacy;Isidro, Philippine Labor Dlloe-
The first attempt to publish a legal encyclopediain the Philip- tionary (1966); and Tiopanco,Dictionary of Insurance Terms
pines was the Cyclopedia of Philippine Law to be authored by
and Phrases (1976).
Alvir & Associates. However, only the first volume containing a
textual treatment of the law from A to C was published.
Another publication can be classified as a legal encyclopedia
but unfortunately, only its first volume had been published. This is
Pedro Venida's Enclyclopedia of Philippine Law and .Juris-
prudence.
A specialized encyclopedia on taxation was the Philippine
Tax Reporters, advertised as a 25-volume cyclopedia, with an-
nual supplements. Begun in 1972 on a volume by volume release,
the Reporter deals· extensively with the National Internal Rev-
enue Code, special tax laws, tax rulings, circulars, decisions and
treatises. After three volumes, it stopped. A one volume encyclope-
dia called The Philippine Legal Encylopedia of Jose Agaton R.
Sibal was published by the Central Law Book Publishing Co.

F. Law Dictionaries
Law dictionaries are useful for identifying the definitions of
words in their legal sense or use. For each word or phrase a short
definition is given. Some also provide a citation to a court case or
other reference having the source of the word or phrase.
The earliest law dictionary was Berriz, Diccionario de
Administracion de las Islas Filipinas, published in 1887. This
was followedby Martinez de San Agustin, Diccionario Juridico
Recopilador, in 1922, a study which included chronologicaland
alphabetical indexes of Philippine legislation and jurisprudence.
Writing in the Preface, Justice James A. Ostrand of the Philippine
Supreme Court considered the book more of a juridical encyclope-
dia than a dictionary.
In 1972,the first dictionary for Philippine Law was published,
covering 70 years oflaw and decision-makingfrom 1901to1971. It
was written by Federico B. Moreno and entitled Philippine Law
Dictionary. It defined legal terms and phrases that, as part of our
law and jurisprudence, was necessary to a law practitioner. Those
SEARCH MATERIALSAND FINDING TOOLS

The first citator published in the Philippines was Dizon's Phil-


ippine Citations (1937) in 2 vols. which contain complete cit.a-
·CHAPTER 7 tions found in Vols. 2 to 64 of the Philippine Reports and in the
Official Gazette to April, 1947 (including the occupation issues) of
SEARCH MATERIALS AND FINDING TOOLS the decisions of the Supreme Court and the Court of Appeals as
well as of Philippine laws, including Royal Decrees and Orders,
Ordinances of the City of Manila, and other matters.
This citator provides the researcher with knowledge at a glance
There have been a large volume of statutory law and case law whether a given reported Philippine decision has been overruled,
that have been churned out by our legislative mill and judicial criticized, limited in its application, distinguished or followed in
branch of government since 1900 and the legal researcher needs subsequent reported decisions. Likewise, by consulting the cita-
s?me mea~s of subject access into this large body of law. The effec- tions to codes and statutes, the researcher will have before him all
t~ve operati?n of the doctrine of precedent requires that prior deci- reported Philippine decisions wherein a particular Philippine s"tat-
sions be easily available. Without a topical approach to legal sources
ute has been cited, invoked, applied, construed or discussed.
researchers could not find existing decisions or statutes on point. '
The next citator published in the Philippines in 1964 'Was
We therefore need search materials and finding tools for legal
Paras, Philippine Citations, in 2 vols. Volume 1 deals with case
research. The purpose of these materials and tools is not to per-
citations covering Vols. 1_ to 82 of the Philippine Reports and
suade,. nor do they themselves have any primary or persuasive
issues of the Official Gazette from 1942 to 1962. Volume 2 €On-
auth~nty. They are only means for locating primary sources. It
tains code citations, statute citations, and citations of administra-
then. is i:e.cessary to read those primary sources to determine their
applicability to a particular situation. In legal research as in other tive rules as well as Spanish laws applied to the Philippines.
aspects of the lawyer's work, one must employ a highly developed Another citator is the Philippine Citator contained in Vol.
sense of relevance - a keen appreciation of which sources are 11 of the Philippine Digest. It lists all the citations in the Philip-
legally and factually relevant to the specific inquiry. pine Reports, the Supreme Court of Spain, the United States
These search materials and finding tools are: Supreme Court, the other Federal Courts, and the courts of various
states and territories of the United States.
1. Citators
Citations in the decisions of the Supreme Court, Court of Ap-
2. Indexes
peals, and Court of Tax Appeals, reported in Vol. 52 of the Official
3. Bibliographies Gazette are contained in the Citator which forms part of the 1956
Official Gazette Desk Book. For 1959 Supreme Court Decisions,
A. Citators a citator is offered in Navarrete's Digest-Index. Citations are also
included in each volume of the Philippine Reports.
They supply references to decisions in which other cases have
been cited, reviewed, affirmed, reversed, overruled, criticized or
B. Indexes
commented upon, and to cases in which statutes have been con-
strued, and to statutes in which prior acts have been amended The word "index" usually means a subject-index which is like
renewed or repealed. '
the index found in textbooks, statutes, etc. A subject index is an
alphabetically arranged topical words in which, by means of refer-
218 ences under each topic, materials relating to these topics expressed
in appropriate words is digested.
221
SEARCH MATERIALSAND FINDING TOOLS
220 LEGAL RESEARCH

(9) Index in the Philippine Permanent and Gen-


We have the followingindexes: eral Statutes - This is found in Vol. V of PPGS.
: (1) Indexes to the "Public Laws of the Philippine (10) Guevara,Commonwealth Acts Annotated -This
Islands" - Each volume of the "Public Laws of the Philip- is an index to CommonwealthActs in three volumes.
pine Islands" contains a cumulative index. For this reason it
is sufficient to consult the Index in Volume31 which is the (11) Jacobo, Public Laws of the Commonwealth -
last volume in the set. This is in 2 volumes.
(2) Indexes to the Public Laws of the Common- (12) Guevarra's Annotated Laws - This index to tlhe
wealth - The "Public Laws of the Commonwealth" contains old Acts are in 7 volumes.
a cumulative Index similar to those found in the "Public Laws (13) Philippine Treaties Index- This is an index to
of the Philippine Islands." the Philippine Treaty Series, 1946-1982,published by the For-
(3) Laws and Resolutions Index - Each volume of eign Service Institute.
the "Laws and Resolutions"contains a cumulative index, ar- We also have title indexes to cases which may be found
ranged alphabetically. in the following:Philippine Digest, Vols. 18-19; Republic
( 4) Philippine Annotated Laws (P.A.L.) Index - of the Philippines Digest, Vols.6, 9, 11 and 13; Ateneo de
Each volume of the P.A.L.General Law· contains an index in Manila Libraries' index (covering1911to 1975)of SupreTne
the back of the volume of the contents of each volume. There Court Decisions; Milagros Santos Ong's Title Index to Su-
are also separate indexes to the Constitution and to· the Ad- preme Court Decisions, 1945-1978 with 1978-1982suppile-
ministrative Code. ment.
The last volume contains the General Index of the de- Finally, we have the SCRA Quick-Index, as discussed
scriptive word index type, made from line-by-linereading of earlier.
the text of the statutes. Topicsand lines are drawn for each The U.P. Law Library, has it card indexes to legal peri-
significant term, with particular emphasis on factual terms odicals.
and catch words. The General Index covers all the fundamen-
tal and controllinglaw, whether it is to be found in the Consti-
tution, in the General Laws, the Rules of Court, or in the Civil C. Bibliographies
Code,the Penal Code,the Code of Commerce,or the Adminis- A bibliographyis a list of descriptions of published ~at~rials
trative Code. either relating to a given subject, or by a given author. A bibliogra-
(5) Moran, Index to Republic Acts - This is an al- phy of law books may refer to a ~istof an ~uthor's legal works, or of
phabetically arranged subject index of the enactments of the the literature bearing on a particular subject or field of law.
Congress of the Philippines. We have the followingbibliographies: (1) Philippine Legal
Bibliography by Justice Federico B. Moreno (~973); (2) Hand-
(6) Myrna S. Feliciano, Subject Index to Presiden-
book on Legal Bibliography by Andres B. Sonano (1984);.(3) A
tial Decrees and other Presidential Issuances (until 1978)
Guide to Philippine Legal Materials by Fortunato Gupit and
- This has one volume with three supplements.
Daniel T. Martinez (1993).
(7) Index Guide of Vital Legal Documents - This
has 25 volumes with a PD guide and subject index prepared
by Malacaiiang for Presidential Decrees.
(8) Index of Isabelo C. Moran - This is an index to
the Presidential Decrees;
223
RESEARCH MATERIALS

officiallyin the Supreme Court Reporter by West


· Publishing Company,and United States Supreme
Court Reports, Lawyer's Edition by LawyersCo-
CHAPTER 8 operative Publishing.
b. Decisions of the Court of Appeals
RESERCH MATERIALS The appellate courts are dividedgeographically
into twelve circuits, plus the U.S. Court of Appeals
IN THE UNITED STATES of the Federal Circuit. Their decisions are reported
in the Federal Reporter (West Publishing Co.).
Since many of our laws, speciallyin political law and commer- Decisions of the District Courts
cial law originated from the American legal system, a good re- c.
searcher must also research on American legal materials. The general trial courts in the US federal sys-
tem are the U.S. District Courts. There are ninety-
Our Supreme Court itself has cited American laws and cases four districts, with one or more in each State. Their
published in the United States Supreme Court Reports in de- decisionsare reported in the Federal Supplement
ciding cases. Also,you can often read citations from the American
Jurisprudence 2nd Ed. and the Corpus Juris Secundum in (West).
the cases reported by the Philippine Reports and SCRA. d. Decisions of Special Federal Courts .
.We must therefore know the basic legal materials published Special federal courts likewise publish their
in the United States. decisionssuch as the Reports of the United States
Tax Court and Cases Decided in the United
Reliance on judicial precedent in American jurisprudence is
derived from the commonlaw. Researchers and the courts are ex- States Court of Claims.
pected to turn to established judicial authorities and rules of law West Publishing also publishes the decisions
~s the found~tio_n
_for formulating legal arguments and issuing opin- of some specialcourts such as the Bankruptcy Re-
ions. These Judicial precedents are found in court reports, which porter and the Veterans Appeals Reporter.
are compilationsof judicially-decidedcases.
e. Computerized Legal Research Services
This chapter presents the primary sources of U.S. legal mate- WESTLAWof West Publishing Company and
rials consisting of case law and statutory law, then the secondary
LEXIS of Mead Data Central, Inc., provide compu-
sources, and finally the finding tools and other legal materials.
terized access to the decisions of the U.S. Supreme
Court, Court of Appeals, District Courts, and spe-
A CASELAW cialized federal courts.
1. Federal Courts Decisions 2. · State Courts Decisions
a. Decisions of the Supreme Court The different states of the United States publish
officialreports of their courts' decisions, specially the
The decisions of the United States Supreme
Court are reported in the following publications: decisions of their Supreme Court. In New York where
United States Reports (OfficialEdition); and un- their highest court is called the New York Court of
Appeals, the New York Reports report the decisions
222 of said Court.
2! LEGAL RESEARCH
RESEARCH MATERIALS 225

are also unofficial reports of state courts de-


commercial publishers. The National Re- lishes the United States Code Congressional and
,,~em, published by West Publishing, divides Administrative News which contains the complete text
r 1~to seven regions and reports the decisions of all public laws.
ellate courts of the different states in each The United States Code which arranges the pub-
ther in one series of volumes. lic laws by subject into forty-eight titles, is the official
lrLAW and LEXIS can also be accessed for subject compilation of federal statutes. Twenty-Two titles
s decisions. have been reenacted as positive law, becoming their au-
thoritative text. The remaining titles are merely prima
LAW facie evidence of the law as the Statutes at Large re-
mains the authoritative source for them .
.evel
West publishes the United States Code Annotated
:ral Constitution (USCA) while Lawyers Cooperative publishes the United
Constitution of the United States of States Code Service (USCS), both annotating the U.S.
published by the Library. of Congress contains Code.
e, section and clause of the Constitution and WESTLAW and LEXIS provide access to the text
nents. of the United States Code which contains all federal
Publishing has the United States Code An- public laws.
Constitution of the United States Anno- c. Federal Administrative Regulations
le Lawyers Cooperative has the United States
'vice, Constitution. The annual United States Government Manual
provides the structure and functions of the executive
sts of federal court cases interpreting the Con- branch and federal agencies of the United States .
•re contained in the U.S. Supreme Court Di-
'st and the Digest of United States Supreme Administrative regulations to have general legal ef-
ports of Lawyers Cooperative. fect must be published in the Federal Register, which
can be accessed through WESTLAW and LEXIS.
issions on constitutional issues may be con-
The Code of Federal Regulations (CFR) con-
the Annotations in the A.L.R. Federal, U.S.
Court Reports, Lawyers Edition. tains the executive and administrative regulations as
taken from the Federal Register and arranged by sub-
~TLAW and LEXIS can be accessed for the text ject in fifty titles, mainly carrying the U.S. Code titles
istitution and its amendments. to which they relate. The CFR can be accessed through
eral Statutes the WESTLAW and LEXIS.

laws, both public and private, passed by the d. Federal Administrative Decisions
zress are first published as slip laws, the first Federal agencies, with quasi-judicial powers, render
xt of the new law, by the government and by decisions which are published. An example is the CCH
al publishers. Trade Regulation Reporter which contains the deci-
se laws are cumulated in bound volumes as the sions of the Federal Trade Commission. Decisions of ma-
tatutes at Large for the session. West pub- jor federal agencies can be accessed through WESTLAW
and LEXIS.
226

e.
LEGAL RESEARCH

Executive Documents
1 RESEARCH MATERIALS 227

Most of the states issue subject compilations of their


administrative regulations. WESTLAWand LEXIS pro-
The Federal Register, as earlier mentioned, con- vide access to state administrative codes and registers.
tains executive orders and proclamations of the Presi-
State agencies with quasi-judicial powers, render
dent. The USSCAN and USCS Advance also includes
them. They can also be accessed through · WESTLAW decisions which are· also published in official form.
and LEXIS. . In the municipalor local level, administrative regu-
The Presidential messages to Congress are published lations and decisions are rarely published.
in the. Congressional Record.
C. SECONDARYMATERIALS
Executive Agreements are published in the official
U.S. Treaties and Other International Agreements. 1. Digests
These are publications reprinting in a subject ar-
2. STATE LEVEL rangement the Headnote summaries of the points of law
1. State Constitutions of each case reported.
The' text of a state constitution is usually found in a. West's Key-Number Digests
the constitution volume of the state code. West's National Reporter System is a series of
The State Constitutional Committees, Commis- publications of appellate court decisionsin the U.S. Short
sion and Amendments, a microfiche collection of the abstracts for every significant point of law discussed in
Congressional Information Service, is a comprehensive each case in the West reporters appear as headnotes of
source of documents for the fifty states. the decision. These headnotes are then reprinted in a
Key Number Digest in front of the advance sheet and
The text of the federal constitution as well as that cumulated at the end of the bound volume. These
of the fifty states and all U.S. territories are published in headnotes are then arranged by key number and West
the Constitutions of the United States: National and reprints them in multi-volume digest series.
State, by Columbia University.
West's Key Number Digests contains over 400 top-
2. State Statutes ics, arranged alphabetically from Abandoned and Lost
Each state has a publication of the laws enacted by Property to Zoning and Planning.
its legislature, such as Statutes of California and ActS The General Digest, which publishes the headnotes
of Alabama. preceding the text of the decisions in all the West re-
porter advance sheets, is the most current component of
WESTLAW and LEXIS provide the texts of the
West's comprehensive series of digests, the American
laws of every state and also the state codes of all fifty
states. Digest System.

3. State and Local-Admirristrative Laws, Regula- b, Regional Digests


tions and Decisions. Smaller digests coveringthe decision of smaller geo-
The Book of the States by the Council of State graphical or jurisdictional units are also published by
West. There are digests for four of the regional reporter
Governments, provides basic information on government
series namely: Atlantic, North Western, Pacific and
operations in each of the fifty states.
229
RESEARCH MATERIALS
LEGAL RESEARCH

5. Treatises and Textbooks


louth Eastern. There are also separate digests for each
tate. Legal scholars and practitioners write on substan-
tive and procedural law.
. West's Federal Practice Digest 4th, contains di-
ests for federal court decisions. Examples of treatises and textbooks are the multi-
volume scholarly surveys of particular fields in depth
. Di.gests of US Supreme Court decisions are pub- (e.g., Corbin on Contracts and Wigmore on Evidence)
~shed m U~ited States Supreme Court Digest by and hornbooks and student texts (e.g., Henkin, Pugh,
,~est,and.~mted States Supreme Court Digest, Law- Schachter and Smit on International Law; Ginsburg,
ers Edition, by Lawyers Cooperative. Goldberg and Greenbaum on Trademark and Unfair
mnotations Competition Law; and Jennings, Marsh, Jr. and Cof-
fee, Jr. on Securities Regulation). WESTLAW and
The~e are encyclopedicessays which discusses and LEXIS also provide access to the treatises and textbooks.
.nalyzes m depth, particular points of law.
6. Restatements of the Law
The Americ~ L~w ~ports (A.L.R.), published
1Y lawyers Cooperative identifies points oflaw not previ-
Comprehensive commentaries on American law are
:usly. re~olved or that i.ndicate a change in the law; or found in the series called Restatements of the Law.
hat mdicate an emergmg trend; in legal thinking th t Prepared by the American Law Institutes, these texts
varrant annotations. It then selects and reports one co~- attempt to organize and articulate the rules ofAmerican
1em~orary case representative of that legal issue col- common law. They are often persuasive in the courts
iects. all r~l~vant cases and uses them in providing a because their reporters are well known scholars and In-
letailed critique of that point of law to be annotated. elude outstanding members of the judiciary.
.• egal Encyclopedias Ai:, envisaged by the founders of the American Law
Institute, the aims of the restatements are:
. These are works that explain systematically the en-
ire body of legal doctrine, in an alphabetical arrange- (1) To state the existing law as developed by the
nent of articles. courts with such care and accuracy that courts and law-
yers may rely upon the Restatement as a correct state-
~est's Co~us Juris Secundum and Lawyers Co- ment of the law as it now stands; and
~?erative American Jurisprudence 2d, are two na-
.ional legal encyclopedias which alphabetically arranges (2) 'lb express the principle oflaw stated with clar-
1~er four hundred broad legal topics, explaining the ba- ity and precision.
ne concepts and terminology that underlie a field of law The Restatements cover ten specificfields: agency,
iupported by court decisions cited in its numerous foot- conflict of laws, contracts, foreign relations law, judg-
iotes, ments, property restitution, security, torts, and trusts .
., CJS and AmJur 2d have often been cited by the They are divided into sections, each of which contains a
supreme Court of the Philippines. basic "black letter" statement oflaw, followedby explana-
tory comments and illustrations of particular examples
Word and Phrases and variations on the general proposition.
Courts frequenti; define the meaning of certain
N~~ds and phrases. Headnotes that contain judicial defi- 7. Periodicals and Indexes
aitions
ul · 1 are reprinted in Words and Phr ases, a Legal periodicals analyze and criticize a particular
n . tivo ume set co?-t~°:1ngapproximately 500,000alpha- topic in an in-depth manner. They have extensive foot-
oetically-arrangedjudicial definitions, published by West.
RESEARCH MATERIALS 231
230 LEGAL RESEARCH

lections of essays from countries outside the commonlaw


note references to other sources. They keep researchers
current in developingareas of the law. system.
The Indexes to Periodical Articles Related to
Laws reviews are published virtually by all accred-
Law indexes law-related articles in journals and periodi-
ited law schoolsas training grounds for students-editors.
They contain articles by established scholars and stu- cals outside the legal field.
dent-written commentsand case notes. Examplesare the WESTLAWand L~S provide access to the text
Columbia Law Review, Harvard Law Review, Yale of thousands of legal periodical articles.
Law Journal and the Michigan Law Review.
There are also faculty-edited reviews such as the 8. Law Dictionaries
American Journal of Legal History, The Journal of These dictionariesdefine words in their legal sense
Legal Studies, and Law and History Review. or use. For each word or phrase a short definition is
Most national and state bar associations publish given. Among the well known law dictionaries are:
periodicals such as the A.B.A. Journal or the Record Black's Law Dictionary, of West; Ballentine's Law
of the Association of the Bar of the City of New Dictionary, with Pronounciatiohs, of Lawyers Coop-
York. erative; and Bouvier's Law Dictionary and Concise
Encyclopedia of West, reprinted in 1984 by William S.
There are two weekly legal newspapers that are
Hein & Co., Inc.
national in scope, the Legal Times and National Law
Journal. There is also the monthly publicationAmeri-
can Lawyer. In some cities, there are newspapers de- D. FINDING TOOLS AND'OTHER MATERIALS
voted to legal affairs such the New York Law Journal
and the Los Angeles Daily Journal. 1. Citators
Commerciallypublished topical newsletters issued A citator is a finding tool that provides the subse-
weekly or monthly focus on the most recent trends of quent history of reported cases and lists of cases and
law. Legal Newsletters in Print of Infosources con- legislative enactme~ts construing, applying or affecting
tains a Title list of over 1,400 newsletters with descrip- statutes.
tions, subscriptions information, and a subject index. Shepard's Citations published by Shepard's
There are two general indexes to English-language McGraw-Hill,lists virtually every published case by cita-
legal periodicalliterature. tion, in both officialand unofficial reporters, and then
list under its citation every subsequent case that has
The first is Index to Legal Periodicals (ILP),
cited the case in question.The process ofupdating a case
which began publication in 1908. It indexes over 500
through this method is referred to as Shepardizing.
legal periodicalsby subject and author.
Shepard's Citations for cases provide a means to
The other which began publicationin 1980,is issued
verify the current status of a case to determine if it is
in several formats under various names: Current Law
still goodlaw or has been reversed, overruled or other-
Index, Legal Resource Index (LRI), and Legal Trac.
It has more than 700 legal and law-related periodicals, wise diminished.
using detailed Library of Congresssubject headings. WESTLAWand LEXIS provideaccessto Shepard's
The Index to Foreign Legal Periodicals started Citations.
in 1960 has more than 300 periodicals and selected col-
232 LEGAL RESEARCH

2. Law Directories
The M~incJ:tl~·Hubbell Law Directory provides
a comprehensivehstmg of lawyers in all U.S. States and
some foreign countries. BIBLIOGRAPHY
3. Formbooks
Formbookscontain sample forms of standard legal A. Philippine Materials
documents and instruments.
Balane, Ruben F., The Spanish Antecedents of the
Lawyers C~operativehas two sets; Am. Jur. Legal Philippine Civil Code, QuezonCity: U.P. Law Center, 1979.
Forms 2d provides forms of instruments such as con-
Feliciano, Myrna S., Philippine Manual on Legal Ci-
tracts,. leases, and wills, while Am. Jur. Pleading and
Prac~1ce Forms focuseson litigation and other practice tations, Quezon City: UP Law Complex,1999.
plea~mgs before courts and administrative agencies. Francisco,VicenteJ., Legal History, Manila: East Pub-
West~ Legal Forms (2d ed.) includes in one set both lishing, 1951.
practice forms and instruments.
Gupit, Jr., Fortunato and Martinez, Daniel T., A Guide
Federal Procedural Forms, Lawyer's Edition to Philippine Legal Materials, Manila: Rex Book Store,
and West's Federal Forms provide forms used in fed- 1993.
eral practice. ·
Moreno,Federico B., Philippine Legal Bibliography,
(Sources of this Chapter: Jacobstein, J. Myron, QuezonCity Filipino Publishing Co., Inc., 1973.
Mersky,RoyM., and Dunn, Donald, J., Legal Research
lliustrated, NewYork:The Foundation Press, Inc., 1994; Pascual, Crisolito,Introduction to the Study of Law,
Cohen, Mo~s L., and Olson,Kent C., Legal Research, Manila: G. Rangel & Sons, 1951.
St. Paul, Mmnesota, West Publishing Co., 1992· and Rodriguez,Rufus B., Constitutionalism in the Philip-
Ro~bau~r, Marjorie Dick, Legal Problem Solving, St. pines, Manila: Rex BookStore, 1997.
Paul, Mmnesota:West Publishing Co., 1991.)
_______ ,Introduction to Law, Manila: Rex
BookStore, 2001.
-oOo- _______ , The History of the Judicial Sys-
tem of the Philippines (Spanish Period, 1565-1898), Ma-
nila: Rex Book Store.
Soriano, Arturo B., Handbook on Legal Bibliography,
Manila: Premium Book Store, 1984.

B. United States Materials


Cohen, Morris L., and Olson, Kent C., Legal Research
(in a nutshell), St. Paul, Minnesota: West Publishing Co.,
1992.

233
234 LEGAL RESEARCH

Jacobstein, J. Myron, Mersky, Roy M., and Dunn, Donald


J., Legal Research lliustrated, New York: The Foundation
Press, Inc., 1994,
Rombauer, Marjorie Dick, Legal Problem Solving, St.
Paul, Minnesota: West Publishing Co., 1991.
Shapo, Helene S., Walter, Marilyn R., and Fajans, Eliza-
beth, Writing and Analysis in the Law, New York: The
Foundation Press, Inc., 1991.
Vance, John Thomas, The Background of Hispanic-
Arnerican Law, Washington, D.C.: The Catholic University
of America, 1937.

~
ff,
.
~:
J_