1.

Define Law, its effect and application, sources and classification

LAW = is a rule of conduct, just and obligatory, promulgated by a legitimate authority

for common observance and benefit (Sanchez Roman)

SOURCES :
1. Legislation
2. Customs
3. Court Decisions
4. Constitution

The Law is classified into Natural Law and Positive Law.

Natural Laws are common for all humans, derived from nature and not prescribed by
society.

Positive Laws are rules promulgated by people in a political community.

2. When are laws effective? What are the exemptions?

Art. 2 of the Civil Code provides that “laws shall take effect after fifteen days following
the completion of their publication in the Official Gazette, unless it is otherwise
provided. The phrase “unless it is otherwise provided” refers to the date of effectivity
and not to the requirement of publication itself, which cannot in any event be omitted.
All statutes, including those of local application and private laws, shall be published as a
condition for their effectivity, which shall begin fifteen days after publication unless a
different effectivity date is fixed by the legislature. All presidential decrees and executive
orders promulgated by the President in the exercise of legislative powers whenever the
same are validly delegated by the legislature or, at present, directly conferred by the
Constitution, shall be published as a condition for their effectivity.

The exemptions on the other hand, interpretative regulations and those merely internal
in nature, that is, regulating only the personnel of the administrative agency and not the
public, need not be published. (Tanada v. Tuvera)

(1) Interpretative regulations

(2) Internal in Nature
(3) A letter of instruction is issued by an administrative agency concerning the rules
to be followed by their subordinates (ASTEC v. ERC)
Ratio:
In Tanada vs. Tuvera, the Court ruled that the clear object of the publication Is to give
the general public adequate notice of the various laws which are to regulate their actions
and conduct as citizens. Without such notice and publication, there would be no basis
for the application of the maxim “ignorantia legis non excusat.” It would be the height
of injustice to punish or otherwise burden a citizen for the transgression of a law of
which he had no notice whatsoever, not even a constructive one.

3. When can a law be retroactive?

As a general rule Article 4 of the civil code explicitly states that “ Laws have no
retroactive effect, unless the contrary is provided.” but there are exemptions:

(1) If the statute is penal in nature, provided it is favorable to the accused/convict

and the latter is not a habitual delinquent as defined under the Revised Penal
Code. (Simon v. Chan)
(2) If the law is remedial in nature, since there are no vested rights in rules of
procedure. (Manapat v. CA)
(3) If the law is of an emergency nature and is authorized by the police power of the
government. (Article 22, Revised Penal Code)
(4) If the law is curative, provided it does not impair vested rights nor affect final
judgments. (Valencia v. Surtido)
(5) If a substantive right is to be declared for the first time, unless vested rights are
impaired.

4. What is considered a practice of law?

The SC in the case of Philippine Lawyers Association v. Agrava stated that:

The practice of law means any activity in or out of the court which requires the
application of law, legal procedure, knowledge, training and experience. To engage in
the practice of law is to perform those actions which are the characteristics of the
profession. The practice of law is not limited to the conduct of cases or litigation in
court: it embraces the preparation of pleadings and other papers, incidents to actions
and special proceedings, the management of such actions and proceedings on behalf of
clients before judges and courts, and in addition conveying. All advice to clients and all
actions taken for them in matters connected with the law is considered a practice of law.
 5. Write the Lawyer’s Oath
“I (name), do solemnly swear, that I accept the honor, privilege, duty and
responsibility of practicing law in the Philippines as an officer of the court in
the interest of our people. I declare fealty to the Constitution of the Republic
of the Philippines. In so doing, I shall work towards promoting the rule of law in a
regime of truth, justice, freedom, love, equality and peace. I shall
conscientiously and courageously work for justice and safeguard the rights
and meaningful freedoms of all persons, identities and communities. I
shall ensure greater and equitable access to justice. I shall do no falsehood,
nor shall I pervert the law to unjustly favor or prejudice anyone. I shall
faithfully discharge these duties and responsibilities to the best of my
ability with integrity and utmost civility. I impose upon myself without
mental reservation or purpose of evasion, so help me God.”

6. What acts violate the lawyer's oath and code of professional

responsibility?

In Umaging v. De Vera it is the court stated that every lawyer is expected to be

honest, imbued with integrity and trustworthy as it is the ethical burden of being
a lawyer. The lawyer oath states that “I will do no falsehood, nor consent to the
doing of in any court.” This oath enjoins every lawyer not only to obey the laws of
the land but to also refrain from doing any falsehood in or out of court and to
conduct himself according to the best of his knowledge and discretion with all
good fidelity. The core values of honesty, integrity and trustworthiness are
emphatically reiterated by the code of professional responsibility that. Rule 10.01
canon 10 of the Code of Professional Responsibility provides that “ A lawyer shall
not do any falsehood nor consent to the doing of any court; nor shall he mislead,
or allow the court to be misled by any artifice.”

7. What crimes constitutes as moral turpitude

In Traders General v. Russel, Tex moral turpitude is defined by the court as an act of
baseness, vileness, or depravity in the private and social duties which a man owes his
fellow men, or to society in general, contrary to the accepted and customary rule of right
and duty between man and man.

While in Edgar v. Teves the court defined moral turpitude as everything which is done
contrary to justice, modesty, or good morals; an act of baseness, vileness or depravity in
the private and social duties which a man owes his fellowmen, or to society in general
But in the same case it was said that not every crime involves moral turpitude but it is
up to the Supreme Court to determine as to what crimes constitute moral turpitude.
(Edgar v. Teves)

8. What are the qualifications for disbarment?

According to Sec.27 of Rule 138 of the Rules of Courts, the grounds for disbarment are
as follows, (1) deceit,(2) malpractice, (3) Gross misconduct in office, (4) grossly
immoral conduct, (5)conviction of a crime that involves moral turpitude,(6) violation of
the lawyer’s oath, (7)willfully disobeying lawful orders of a superior court, (8) corruptly
or willfully appearing as legal counsel for a camp without the authority to do so.

In Marcelo v. Javier the court ruled that "An attorney may be disbarred or suspended
for any violation of his oath or of his duties as an attorney and counselor which include
the statutory grounds enumerated in Section 27, Rule 138 of the Rules of Court. These
statutory grounds are so broad as to cover practically any misconduct of a lawyer in his
professional or private capacity. It is a settled rule that the enumeration of the statutory
grounds for disciplinary action is not exclusive and a lawyer may be disciplined on
grounds other than those specifically provided in the law. Generally a lawyer may be
disbarred or suspended for any misconduct, whether in his professional or private
capacity, which shows him to be wanting in moral character, in honesty, probity and
good demeanor or unworthy to continue as an officer of the court, or an unfit or unsafe
person to enjoy the privileges and to manage the business of others in the capacity of an
attorney, or for conduct which tends to bring reproach on the legal profession or to
injure it in the favorable opinion of the public."

9. What is the doctrine of judicial stability of non-interference?

It prevents one court from interfering with orders of another court with the same
level of authority (co-equal court)
In Del Rosario v Ocampo-Ferrer, the court the RTC 198 no jurisdiction over RTC
275 “As correctly pointed out by petitioners at the earliest opportunity in their
Answer with Affirmative Defenses and Counterclaim, the RTC-Las Pinas Br. 198
has no jurisdiction to annul actions emanating from a lawful order of a co-equal
court such as the RTC-Las Pinas Br. 275” RTC Br. 275 has the inherent power to
correct the errors of its ministerial officers.
 10. How do you define jurisdiction?

RADIOWEALTH FINANCE COMPANY v PINEDA the court defined jurisdiction

as "the power to hear and determine cases of the general class to which the
proceedings in question belong." And ruled that Jurisdiction is a matter of
substantive law. Thus, an action may be filed only with the court or tribunal
where the Constitution or a statute says it can be brought.

11. Who confers jurisdiction?

The sovereign authority, who prescribed the jurisdiction of the court, given by
law and in the manner prescribed by law. The jurisdiction of the courts today can
be generally found in the 1987 constitution and Batas Pambansa 129 or the
Judiciary Reorganization Act of 1980.

12.Differentiate concurrent, exclusive and appellate jurisdiction

(1) Concurrent-shared jurisdiction. Basically, all courts have the same
jurisdiction over
(2) Exclusive-no other court has jurisdiction over
(3) Appellate-jurisdiction over appeals/review judgment/reverse or modify
judgment
13.Define Stare Decisis with examples
It means "to stand by things decided." A legal doctrine that requires courts to
follow the rulings of previous cases with similar facts. In G.R. No 147097 the
Supreme Court characterized Stare Decisis "simply means that for the sake of
certainty, a conclusion reached in one case should be applied to those that follow
if the facts are substantially the same, even though the parties may be different."

14.Define Law of the Case with examples

In Development Bank of the Philippines v Guariña, the court defined “the law of the
case” as “controlling legal rule of decision between the same parties in the same case
continues to be the law of the case, whether correct on general principles or not, so long
as the facts on which such decision was predicated continue to be the facts of the case
before the court.” Which means that the court cannot reverse its decision on a legal issue
that has been decided, even if it later finds the ruling was wrong.

15.Define Res Judicata with examples

Res Judicata meaning “a matter adjudged”; a thing or a matter already settled by a

judgment. Under this rule, a final judgment or a decree on the merits of a court by a
competent jurisdiction is conclusive as to the rights of the parties or their privies in all
later suits, and on all points and matters determined in the former suit.

In the case of Ocampo v. Heirs of Bernardino the court stated that the doctrine of res
judicata is laid down under Section 47, Rule 39 of the Rules of Court, which pertinently
provides that:
Sec. 47. Effect of judgments or final orders. The effect of a judgment or final order
rendered by a court of the Philippines, having jurisdiction to pronounce the judgment or
final order, may be as follows:
(1) Former judgment must be final.
(2) Rendered by a court having jurisdiction.
(3) It must be a judgment on the merits.
(4) There must be between the first and second actions identity of parties,
subject matter, and identity of cause of actions.

This provision comprehends two distinct concepts of res judicata: (1) bar by former
judgment and (2) conclusiveness of judgment:

(1) There is "bar by prior judgment" when, as between the first case where the
judgment was rendered and the second case that is sought to be barred, there is
similar identity of parties, subject matter, and causes of action.
(2) But where there is identity of parties in the first and second cases, but no identity
of causes of action, the first judgment is conclusive only as to those matters
actually and directly controverted and determined and not as to matters merely
involved therein. This is the concept of res judicata known as "conclusiveness of
judgment." Stated differently, any right, fact or matter in issue directly
adjudicated or necessarily involved in the determination of an action before a
competent court in which judgment is rendered on the merits is conclusively
settled by the judgment therein and cannot again be litigated between the parties
and their privies whether or not the claim, demand, purpose, or subject matter of
the two actions is the same.

Explained more clearly here : https://www.projectjurisprudence.com/2019/05/bar-by-

prior-judgment-v-conclusiveness-of-judgment.html#:~:text=%22Conclusiveness%20of
%20judgment%2C%22%20on,matter%20and%20cause%20of%20action.

16.Differentiate Stare Decisis from Law of the Case from Res Judicata
 STARE DECISIS LAW OF THE CASE RES JUDICATA

Once a point of law has Operates only in the The parties and the
been established by the particular and single case causes of action in both
court, that point of law will where the ruling arises and actions are identical or
generally be followed by is not carried into other substantially the same.
the same court and all cases as a precedent.
courts of lower rank

17. Define Due Process and its types

As said in the Article III section 1 of the 1987 Constitution, no person shall be
deprived of life, liberty or property without due process of law. As it is a fundamental
right of every person in the society. There are two types of due process, substantive due
process and procedural due process.

(1) Substantive Due Process- requires the intrinsic validity of the law in interfering
with the rights of a person to his life, liberty or property.
(2) Procedural Due Process - Consist of the basic rights of notice and hearing, as well
as being heard by an impartial tribunal. (Shu v. Dee, 2014)

18.What is the prospectivity of law? Give example

“Ex nunc law” laws that are only applies to events after it was enacted
In Morales v Court of Appeals and Binay, the abandonment of condonation
doctrine is prospective in application which means past effects of this doctrine
will not be affected by this decision.

19.What is Dura Lex Sed Lex? Give example

“The law is harsh but it is the law”

20. What is Judicial Power?

It is the power of the judiciary to settle controversies + determine if there has been grave
abuse of power in the other branches + allocate constitutional boundaries for inferior
agencies.

“It is the authority to settle justiciable disputes involving rights that are enforceable and
demandable”

Article VIII Section 1. The judicial power shall be vested in one Supreme Court and in
such lower courts as may be established by law.
Judicial power includes the duty of the courts of justice to settle actual controversies
involving rights which are legally demandable and enforceable, and to determine
whether or not there has been a grave abuse of discretion amounting to lack or excess of
jurisdiction on the part of any branch or instrumentality of the Government.

21.What is the difference between adjudicate and investigate?

To adjudicate is the ability to try, hear, determine cause like a court of justice or a quasi -
judicial power while to investigate is only limited to fact finding functions. In the case of
Carino v. CHR the court ruled that to investigate is not to adjudicate, the CHR may only
investigate facts but it is only the court and those with quasi - judicial powers who have
the ability to adjudicate.

22. What is quasi - judicial power?

In the case of The Honorable Monetary Board v Philippine Veterans Bank the court
defined quasi - judicial body as an organ of government other than a court and other
than the legislature, which affects the rights of private parties through either
adjudication or rule-making.

While quasi -judicial functions is defined as A "quasi-judicial function" is a term which

applies to the action, discretion, etc. of public administrative officers or bodies, who are
required to investigate facts, or ascertain the existence of facts, hold hearings, and draw
conclusions from them, as a basis for their official action and to exercise discretion of a
judicial nature.

In the case of Villanueva v. Palawan Council for the State Development the court ruled
that “There must be an enabling statute or legislative act conferring quasi-judicial power
upon an administrative body.” An example of this would be the quasi judicial functions
of the Comelec which is stated under Section II article IX - C of the 1987 constitution
which states that it has both administrative and quasi-judicial functions.

23. Define and differentiate Separation and Blending of Power

24. What is the Doctrine of Hierarchy of Courts?

Republic vs Sereno

In GIO Samar v. DOT the court stated that The Doctrine of Hierarchy of
Courts provides that when here, courts have concurrent or shared jurisdiction over the
subject matter of a case, a litigant is not free to file a complaint or petition in any court of
his or her choice but must observe a certain hierarchy.
 The doctrine of hierarchy of courts dictates that direct recourse to this Court is allowed
only to resolve questions of law, notwithstanding the invocation of paramount or
transcendental importance of the action. This doctrine is not mere policy, rather, it is a
constitutional filtering mechanism designed to enable the Court to focus on the more
fundamental and essential tasks assigned to it by the highest law of the land.

But the doctrine of Hierarchy of Court is not an ironclad Rule, it is meant to be a guide
and not a limiting doctrine. In the Diocese of Bacolod v. Commission of Elections the
court ruled that:

“The strictness of the policy is designed to shield the Court from having to deal with
causes that are also well within the competence of the lower courts, and thus leave time
to the Court to deal with the more fundamental and more essential tasks that the
Constitution has assigned to it. The Court may act on petitions for the extraordinary
writs of certiorari, prohibition and mandamus only when absolutely necessary or when
serious and important reasons exist to justify an exception to the policy

In other words, the Supreme Court’s role to interpret the Constitution and act in order to
protect constitutional rights when these become exigent should not be emasculated by
the doctrine in respect of the hierarchy of courts. That has never been the purpose of
such doctrine.

Thus, the doctrine of hierarchy of courts is not an iron-clad rule. This court has "full
discretionary power to take cognizance and assume jurisdiction [over] special civil
actions for certiorari filed directly with it for exceptionally compelling reasons or if
warranted by the nature of the issues clearly and specifically raised in the petition."

25. What is the doctrine of judicial supremacy?

Judicial Supremacy is the liberal idea that the Judiciary is higher over the other 2
branches because of its power to tell the executive and legislative what they can and
cannot do. This authoritative power of the judiciary over the other 2 branches is
grounded on Section I article VIII of the 1987 constitution "Judicial power includes the
duty of courts of justice to settle actual controversies involving rights which are legally
demandable and enforceable, and to determine whether or not there has been a grave
abuse of discretion amounting to lack or excess of jurisdiction on the part of any
branch or instrumentality of the government." But in reality the 3 branches of the
government are equal and balanced and the power of the SC to review the constitution
does not mean that it is higher over the other 2 branches.

26. What is the jurisdiction of third level courts?

-The Court of Appeals was established on February 1, 1936 by the virtue of
Commonwealth Act No. 3 and is considered as the 2nd highest tribunal in the country.

The Court of Appeals’ principal mandate is to exercise appellate jurisdiction on all cases
not falling within the original and exclusive jurisdiction of the Supreme Court. Its
decisions are final except when appealed to the Supreme Court on questions of law. The
jurisdiction of the Court of Appeals are as follows:

1. Original jurisdiction to issue writs of mandamus, prohibition, certiorari, habeas

corpus, and quo warranto, and auxiliary writs or processes, whether or not in aid
of its appellate jurisdiction;

2. Exclusive original jurisdiction over actions for annulment of judgements of

Regional Trial Courts; and

3. Exclusive appellate jurisdiction over all final judgements, resolutions, orders or

awards of Regional Trial Courts and quasi-judicial agencies, instrumentalities,
boards or commission.

The Court of Appeals shall also have the power to try cases and conduct hearings,
receive evidence and perform acts necessary to resolve factual issues raised in cases
falling within its original and appellate jurisdiction, including the power to grant and
conduct new trials or proceedings.

27. What is the jurisdiction of the Court of Tax Appeals?

As stated in RA 8292, it is a quasi judicial body that has allapate jurisdiction over
cases that involve tax laws, customs duties, and other laws or regulations
administered by the Bureau of Internal Revenue (BIR) and the Bureau of
Customs (BOC).

28. What is the Jurisdiction of the Sandiganbayan?

Both the 1973 and 1987 Constitution contain provisions on the present anti-graft
court known as the Sandiganbayan. It has jurisdiction over criminal and civil
cases involving graft and corrupt practices and such other offenses committed by
public officers and employees, including those in government-owned or
controlled corporations, in relation to their office as may be determined by law.
The jurisdiction of the Sandiganbayan is perhaps one of the most often amended
provision from the 1973 Constitution to Republic Act (R.A.) No. 8249. Before
R.A. No. 8249, jurisdiction of the Sandiganbayan was determined on the basis of
 the penalty imposable on the offense charged. Thereafter, it was amended such
that regardless of the penalty, so long as the offense charged was committed by a
public officer, the Sandiganbayan was vested with jurisdiction. Under R.A. No.
8249, to determine whether the Sandiganbayan has jurisdiction, a person must
look into two (2) criteria, namely, the nature of the offense and the salary grade
of the public official.

Republic Act No. 8294 (1997) further defined the jurisdiction of the Sandiganbayan

AN ACT FURTHER DEFINING THE JURISDICTION OF THE SANDIGANBAYAN,

AMENDING FOR THE PURPOSE PRESIDENTIAL DECREE NO. 1606, AS AMENDED,
PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES

29. What is the Jurisdiction of Second Level Courts?

Regional Trial Courts are also known as Second Level Courts, which were established
among the thirteen Judicial regions in the Philippines consisting of Regions I to XII and
the National Capital Region (NCR). There are as many Regional Trial Courts in each
region as the law mandates. RTCs were formerly called the Court of First Instance since
the Spanish era. It was only in the Judiciary Reorganization Act of 1980 that its name
was changed from being called the Court of First Instance to Regional Trial Court.

Batas Pambansa BLG .129 (1981)

AN ACT REORGANIZING THE JUDICIARY, APPROPRIATING FUNDS THEREFOR,
AND FOR OTHER PURPOSES

Section 13. Creation of Regional Trial Courts. – There are hereby created thirteen (13)
Regional Trial Courts, one for each of the following judicial regions: 959 total branches

Section 19 defines the jurisdiction of Regional Trial Courts in Civil cases while Section
20 defines its jurisdiction in all criminal cases, section 21 defines its original
jurisdiction:

(1) In the issuance of writs of certiorari, prohibition, mandamus, quo warranto, habeas
corpus and injunction which may be enforced in any part of their respective regions; and

(2) In actions affecting ambassadors and other public ministers and consuls

Section 22 defines its appellate jurisdiction over lower courts, section 23 defines its
special jurisdiction to try special cases and section 24 defines its special rules of
procedures.
 30. What is the Jurisdiction of First Level Courts?

Each city and municipality in the Philippines has its own trial court. These First Level
Courts are more commonly referred to as Metropolitan Trial Courts (MeTC), Municipal
Trial Courts in Cities (MTCC), Municipal Trial Court (MTC), and Municipal Circuit Trial
Courts (MCTC). The MeTCs are the first level courts in the Metropolitan Manila area.
First level courts in cities outside Metropolitan Manila are referred to as the MTCCs.
The MTCs are first level courts that cover only one municipality, whereas MCTCs cover
multiple municipalities

Republic Act No. 7691 (1994)

AN ACT EXPANDING THE JURISDICTION OF THE METROPOLITAN TRIAL
COURTS, MUNICIPAL TRIAL COURTS, AND MUNICIPAL CIRCUIT TRIAL COURTS,
AMENDING FOR THE PURPOSE BATAS PAMBANSA, BLG. 129, OTHERWISE
KNOWN AS THE "JUDICIARY REORGANIZATION ACT OF 1980

Section 32 of the same act define the jurisdiction of the first level courts in criminal
cases while, section 33 defines its jurisdiction in civil cases , section 34 in cadastral and
land registration cases, section 35 defines its special jurisdiction in certain cases, section
36 defines its summary procedure in special cases and section 37 defines its jurisdiction
to conduct preliminary investigation.

31.What are En Banc and Division Cases? What is their jurisdiction?

32. What are rule making powers? Give example

33. What constitutes a political question? Can the court judge a

political question?

- In Tanada v. Cuenco the court defined political question as “to those

questions which, under the Constitution, are to be decided by the people in
their sovereign capacity, or in regard to which full discretionary authority
has been delegated to the legislative or executive branch of the
government.”

34. What is the doctrine of operative facts? Give example

- In Film Development Council of the Philippines v. Colon Heritage
Corporation the court defines the doctrine of operative facts as “The court
recognizes the existence and validity of a legal provision prior to its being
declared as unconstitutional and hence, legitimizes otherwise invalid acts done
pursuant thereto because of considerations of practicality and fairness.” but this
doctrine only applies to cases where “extraordinary circumstances exist and when
these circumstances meet stringent conditions that will permit its application.”
This doctrine should not operate to give any unwarranted advantage to parties,
but merely seeks to protect those in good faith, relied on the invalid law.

35. What is the effect of the declaration of the unconstitutionality of

law?
- The effects of unconstitutionality would mean as if the law is not
implemented. It will create no right, it imposes no duties, it affords no
protection, it creates no office, it is a legal contemplation though as it has
never been passed.
-
36. How do you define grave abuse of discretion?
- The abuse of discretion must be grave as where the power is exercised in
an arbitrary or despotic manner by reason of passion or personal hostility
and must be so patent and gross as to amount to an evasion of positive
duty or virtual refusal to perform the duty enjoined by or to act at all in
contemplation of law.
37. What is jurisprudence?

- Science of Law or the interpretation of Law. Article 8 of the Civil Code of the
Philippines provides that ‘judicial decisions applying to or interpreting the laws
or the Constitution shall form a part of the legal system of the Philippines’. Only
decisions of its Supreme Court establish jurisprudence and are binding on all
other courts.

38. What is the Finality of Decision?

In City of Manila v. The Court of Appeals stated that “A judgment becomes "final
and executory" by operation of law. Finality of judgment becomes a fact upon the
lapse of the reglementary period to appeal if no appeal is perfected. In such a
situation, the prevailing party is entitled to a writ of execution, and issuance
thereof is a ministerial duty of the court.
 Both R. A. 6031 and B. P. 129 provide that decisions of the regional trial court in
its appellate capacity may be elevated to the Court of Appeals in a petition for
review. In effect, both laws recognize that such judgments are "final" in the sense
that they finally dispose of, adjudicate, or determine the rights of the parties in
the case. But such judgments are not yet "final and executory" pending the
expiration of the reglementary period for appeal. During that period, execution of
the judgment cannot yet be demanded by the winning party as a matter of right.

39. What are the parts of the case? Define

1. Dispositive Portion - Part of the case which contains the judgement
or resolution of the issues subject of the complaint or petition. Usually appears as
the last paragraph in a decision.
2. Separate Opinions - it is written by any judge who has heard the
case and had a different opinion from the majority
3. Obiter Dictum - a comment, suggestion, or observation made by a
judge in an opinion that is not necessary to resolve the case, and as such, it is not
legally binding on other courts but may still be cited as a persuasive authority for
future litigation