Documentos de Académico
Documentos de Profesional
Documentos de Cultura
By Milagros Santos-Ong
Milagros Santos-Ong is the Director of the Library Services of the
Supreme Court of the Philippines . She is the author of Legal Research
and Citations (Rexl Book Store) a seminal book published in numerous
editions and a part-time professor on Legal Research in some law schools
in the Metro-Manila.
Published March 2015 (Previous updates on March 2006, December 2007,
June 2009, and March 2012) See the archive version!
Table of Contents
1.
Introduction
2.
Political Structure
3.
Government Structure
3.1.
Executive Branch
3.2.
Legislative Department
3.3.
Judicial System
3.4.
Constitutional Commissions
3.5.
Local Governments
3.6.
Other Government Agencies
4.
Legal System
4.1.
Nature of the Philippine Legal System
4.2.
Sources of Law
5.
Philippine Legal Research
5.1.
Research of Statute law
5.2.
Research of Case Law
6.
Legal Profession and Legal Education
6.1.
Law Schools
6.2.
Bar Associations
7.
Law Librarians Association
Part 2: Philippine Legal Information Resources and Citations
1. Introduction
The Philippines is an archipelago of 7,107 islands with a land area of
299,740 sq. kilometers. It is surrounded by the Pacific Ocean on the East,
South China Sea on the North and the West and the Celebes Sea on the
South. This comprises the National Territory of the Philippines. Article I of
the 1987 Constitution provides that the "national territory comprises the
Philippine archipelago, with all the islands and waters embraced therein
The Philippines claim to the Spratlys and the historic claim to Sabah
remain unresolved. The Philippines is now confronted with conflicting
claims in the South China Sea which is governed by the 1982 United
Nations Convention on the Law of the Sea (UNCLOS) which entered into
force in 1994. The Philippines and China who are claimants to the South
China seas are among the 165 countries that have ratified the UNCLOS.
Chinas claim is based on the 9-dashed line which covers a total area
almost 90% of the South China Sea. In a speech delivered by Senior
Associate Justice Antonio T. Carpio entitled, The Rules of Law in the West
Philippine Sea Dispute, he stated that Chinas 9-dash claim encroaches on
80% on the Philippines 200-nm exclusive economic zone (EEZ) and 100%
of its 150-nm extended continental shelf (ECS) facing the South China sea
what the Philippines call West Philippine sea. Chinas 9-dash line claim
has similar effects on the EEZs and ECSs of Vietnam, Malaysia, Brunei and
Indonesia facing the South China Sea.
Justice Antonio T. Carpios speech before Philippine Women Judges
Association, entitled Protecting the Nations Marine Wealth in the West
Philippine Sea, March 6, 2014 includes the illustration on the 9-Dashed
Lines.
Senior Justice Antonio Carpio stated that maritime dispute in the West
Philippine Sea could be more easily resolved if all the claimant States
agreed on two things: first, on the applicable law to govern the maritime
dispute, and second, on the historical facts on the West Philippine Sea.
David Rosenberg in his article, The Paradox of the South China Sea
Disputes, considers the nine-dash line claim as the most controversial
maritime territorial claim. Rosenberg traced the history as claim as far
back as December 1914 when Hu Jinjie, a Chinese cartographer, published
a map with a line around only the Pratas and Paracels, entitled The
Chinese Territorial Map Before the Qianglong-Jiaqing Period of the Qing
Dynasty (AD 17361820) until 1953 when the two dotted line portion in
the Gulf of Tonkin was deleted by Premier Zhou Enlais approval. Chinese
maps published since 1953 have shown the nine-dotted line in the South
China Sea.
The Philippines however has its own version on historical claims based on
historical maps available at the United States Library of Congress, National
Library of Australia. The Philippine historical claim can be seen in a
cartographic exhibit entitled Historical Truths and Lies, Scarborough
Schoal in Ancient Maps , which was based on the June 2014 of Senior
Associate Justice Antonio T. Carpio. The first map in this cartographic
exhibit was published in 1734 by Jesuit Pedro Murillo. It is considered the
The other bill still pending in Congress is Divorce, etc. The Philippines is
considered as the only country that does not allow Divorce. However,
annulment of marriage is recognized.
2. Political Structure
The Constitution is the fundamental law of the land. The present political
structure of the Philippines was defined by the 1987 Constitution, duly
ratified in a plebiscite held on February 2, 1987 and proclaimed ratified on
February 11, 1987. There is a move now in Congress, which was started at
the House of Representatives to revise/amend the present Constitution.
One of the major problems to be resolved by both Houses of Congress is
the mode or method in revising/amending the present 1987 Constitution.
A much debated proposed amendment is the term extension for the
President.
The 1987 Constitution provides that the Philippines is a democratic and
republican state where sovereignty resides in the people and all
government authority emanates from them (Article II, section 1).
3. Government Structure
The government structure differs as one goes through the history of the
Philippines, which may be categorized as follows: a) Pre-Spanish; b).
Spanish period; c). American period; d). Japanese period; e). Republic; and
f). Martial Law Period
a) Pre-Spanish (before 1521)
The Barangays or independent communities were the unit of government
structures before Spain colonized the Philippines. The head of each
barangay was the Datu . The Datus were called Cabeza de Barangay
during the Spanish period. He governs the barangays using native rules,
which are customary and unwritten. There were two codes during this
period: the Maragtas Code issued by Datu Sumakwel of Panay Island and
the Code of Kalantiao issued by Datu Kalantiano in 1433. The existence of
these codes is questioned by some historians.
Just like many ancient societies, trial by ordeal was practiced.
b) Spanish period (1521-1898)
The Spanish period can be traced from the time Magellan discovered the
Philippines when he landed on Mactan Island (Cebu) on March 16, 1521.
Royal decrees, Spanish laws, and/or special issuances of special laws for
the Philippines were extended to the Philippines from Spain by the Spanish
Crown through the councils. The chief legislator is the governor-general
war. This period lasted for three years and ended in 1944 with the defeat of
the Japanese forces.
e) Republic period (1946-1972)
July 4, 1946 was the inauguration of Philippine independence. A
Philippine Republic was born. A republic means a government by the
people and sovereignty resides in the entire people as a body politic. The
provisions of the 1935 Constitution defined the government structure,
which provided for the establishment of three co-equal branches of
government. Executive power rests in the President, legislative power in
two Houses of Congress and judicial power in the Supreme Court, and
inferior courts. Separation of powers is recognized.
Efforts to amend the 1935 Constitution started on August 24, 1970 with
the approval of Republic Act No. 6132 where 310 delegates were elected on
November 10, 1970. On June 1, 1971, the delegates of the Constitutional
Convention met. While it was still in session, President Ferdinand E.
Marcos declared Martial Law on September 21, 1972. The Constitutional
Convention completed the draft Constitution on November 29, 1972. It
was submitted for ratification through citizens assemblies on January 17,
1973. This is known as the 1973 Constitution.
f) Martial Law Period (1972-1986).
The Philippine Congress was abolished when Martial Law was declared on
September 21, 1972. The Martial Law period was governed by the 1973
Constitution, which established a parliamentary form of government.
Executive and legislative powers were merged and the Chief Executive was
the Prime Minister who was elected by majority of all members of the
National Assembly (Parliament). The Prime Minister had the power to
advise the President. The President is the symbolic head of state. This
parliamentary government was never implemented due to the transitory
provision of the 1973 Constitution. Military tribunals were also
established. Amendments to the Constitution were made wherein by virtue
of amendment No. 3, the powers of the President and the Prime Minister
were merged into the incumbent President Ferdinand E. Marcos.
Amendment No. 6 authorized President Marcos to continue exercising
legislative powers until Martial law is in effect. Amendment No. 7 provided
for the barangays as the smallest political subdivision and the
sanggunians , or councils. The 1981 amendment introduced the modified
presidential/parliamentary system of government of the Philippines. The
President shall be elected by the people for a term of six years while the
Prime Minister shall be elected by a majority of the Batasang Pambansa
(Parliament) upon the nomination of the President. He was the head of the
Cabinet and had supervision over all the ministries. The President during
this period was Ferdinand E. Marcos and the Prime Minister was Cesar
Enrique Aguinaldo Virata.
Proclamation No. 2045 (1981) lifted Martial Law and abolished mi litary
tribunals. Elections were held on June 16, 1981 and President Marcos was
re-elected into office as President. The constitution was again amended in
1984 and a plebiscite was held on January 27, 1984 pursuant to Batas
Pambansa Blg. 643 (1984). Elections were held on May 14, 1984 for the
183 elective seats in the 200 member of the Batasang Pambansa .
An i mpeachment resolution by 57 members of the opposition was f iled
against President Marcos but was dismissed. A special presidential
election, popularly known as Snap Election, was called by President
Marcos on November 3, 1985 and was held on February 7, 1986. The
National Movement for Free Elections, or NAMFREL, results showed that
Corazon Aquino led by over a million votes. However, the Batasang
Pambansa declared that Ferdinand E. Marcos and Arturo M. Tolentino
won over Corazon C . Aquino and Salvador H. Laurel as President and
Vice-President, respectively. President Marcos and Vice President Arturo
took their oath before Chief Justice Ramon Aquino at the Malacanang
Palace, Manila. This event led to the People Power revolution, which
ousted President Marcos on February 25, 1986.
g) Republic Revival (1986-present)
The Republic period was revived after the bloodless revolution popularly
known as People Power or the EDSA Revolution.
Corazon C. Aquino and Salvador H. Laurel took their oath of office as 11 th
President and Vice President of the Philippine Republic on February 25,
1986 before Associate Justice Claudio Teehankee at the Club Filipino, San
Juan, Manila. Proclamation No. 1 (1986) was promulgated wherein the
President and the Vice President took power in the name and by the will of
the Filipino people. Proclamation No. 3 (1986) adopted as the Provisional
Constitution or Freedom Constitution, provided for a new government.
A Constitutional Commission was constituted by virtue of Article V of the
Provisional Constitution and Proclamation No. 9 (1986). The
Constitutional Commission, composed of 48 members, was mandated to
draft a Constitution. After 133 days, the draft constitution was submitted
to the President on October 15, 1986 and ratified by the people in a
plebiscite held on February 2, 1987. Under the transitory provision of the
1987 Constitution, the President and Vice President elected in the February
7, 1986 elections were given a six-year term of office until June 30, 1992.
Congressional elections were held on May 11, 1987. The Republican form
of government was officially revived when the 1987 Constitution was
ratified and Congress was convened in 1987. Legislative enactments again
rested in the Congress. Republic Acts were again issued by Congress, the
number of which took off from the last number used before Martial Law
was declared. The numbering of Republic Acts continued from the number
last used before Martial Law (Republic Act No. 6635 (1972) and Republic
Act No. 6636 (1987). The Republic form of government by virtue of the
1987 Constitution was the same type of republican government prior to
Martial law by virtue of the 1935 Constitution with three co-equal
branches: Executive, Legislative and the Judiciary.
The Philippines once again became a Republic by virtue of the 1987
Constitution. The same type of republican form of government prior to
Martial law was established with three co-equal branches were organized,
Executive, Legislative and the Judiciary. Those holding office in these
three co-equal branches are public officers and employees. Constitution
(1987), Article XI, provides for the accountability of public officers. Article
XI, Section 1 , Public office is a public trust. Public officers and employees
must, at all times, be accountable to the people, serve them with utmost
responsibility, integrity, loyalty, and efficiency; act with patriotism and
justice, and lead modest lives. Public officers in the Executive (President
and Vice President) , Judiciary (Members or Justices of the Supreme
Court) and the Constitutional Commissions and the Ombudsman may be
removed from office on impeachment for, and conviction of, culpable
violation of the Constitution, treason, bribery, graft and corruption, other
high crimes, or betrayal of public trust. All other public officers and
employees may be removed from office as provided by law, such as the civil
service laws, but not by impeachment (Article XI, Section 2).
The legislative branch is composed of the Senate and the House of
Representatives. It is the legislative branch or Congress, which is involved
in the impeachment process. The House of Representatives has the
exclusive power to initiate all cases of impeachment though a verified
complaint or resolution of impeachment filed by at least one-third of all
the Members of the House of Representatives, and an Articles of
Impeachment (Article XI, Section 3, (1) (5)). The Senate shall have the
sole power to try and decide all cases of impeachment. When the President
of the Philippines is on trial, the Chief Justice of the Supreme Court shall
preside, but shall not vote. The public officer (President and Vice
President, members or Justices of the Supreme Court and the
Organizational Chart of the whole Judicial System and those of each type of
Court is available in 2002 Revised Manual of Clerks of Court. Manila:
Supreme Court, 2002. Organizational Chart was amended due to the
passage of Republic Act No. 9282 (law elevating the Court of Tax Appeals
to the level of a collegiate court)
Judicial power rests with the Supreme Court and the lower courts, as may
be established by law (Art. VIII, sec. 1). The judiciary enjoys fiscal
procedure for the speedy disposition of cases, shall be uniform for all
courts the same grade, and shall not diminish, increase or modify
substantive rights. Rules of procedure of special courts and quasi-judicial
bodies shall remain effective unless disapproved by the Supreme Court.
Appoint all officials and employees of the Judiciary in accordance with the
Civil Service Law (Sec. 5, id.).
Supreme Court has promulgated the Internal Rules of the Supreme Court
( As amended in Resolutions dated July 6, 2010, August 3, 2010, January
17, 2012, September 18, 2012) ), to govern the internal operations of the
Court and as a guide to the exercise of its judicial and administrative
functions). The last revision of the Internal Rules (A.M. No, 10-4-20-SC
(Revised)) was in March 12, 2013).
The Internal Rules of the Supreme Court provides that cases may be heard
on oral arguments upon defined issues. The constitutionality of laws,
treaties and other agreements are defined issues. The procedure defined
by section 3 is as follows: The petitioner shall argue first, followed by the
respondent and the amicus curiae , if any. Rebuttal of oral arguments may
be allowed by the Chief Justice or the Chairperson. If any, the Court may
invite amicus curiae. The constitutionality of two significant laws has been
decided after a series of oral arguments. Republic Act No. 10354
Responsible Parenthood and Reproductive Health Act of 2012 or RH LAW
too years before it became a law. One primary consideration is that the
Philippines is a Catholic/Christian country. The constitutionality of the
RH law was assailed in the consolidated case of Imbong v. Ochoa, Jr.,
(G.R. No. 204819, April 08, 2014). The Court declared that the law is
constitutional. The importance of religion and the Constitution was laid
down at the very start of the decision of Justice Jose Mendoza, and I
quote:
Freedom of religion was accorded preferred status by the framers of our
fundamental law. And this Court has consistently affirmed this preferred
status, well aware that it is designed to protect the broadest possibly
liberty of conscience, to all each man to believe as his conscience directs, to
profess his beliefs, and to live as he believes he ought to live, consistent
with the liberty of others and with the common good.
The constitutionality of the Cybercrime Prevention Act of 2012 (Republic
Act No.10175 passed on September 12, 2012 was assailed in the
consolidated case of Disini, Jr. v. The Secretary of Justice, G.R. No.
203335, February 18, 2014.
The Supreme Court has adopted and promulgated the Rules of Court for
the protection and enforcement of constitutional rights, pleadings and
practice and procedure in all courts, and the admission in the practice of
law. In line with this mandate of the Rules of Court and extrajudicial
killing and disappearances, the Supreme Court passed two important
Resolutions: the Rule on the Writ of Amparo (A.M. No. 07-9-12-SC),
approved on September 25, 2007 and effective on October 24, 2007, and
the Rule on the Writ of Habeas Data (A.M. No. 08-1-16--SC), approved on
January 22, 2008 and effective February 2, 2008. The Writ of Amparo
is a remedy available to any person whose right to life, liberty and security
is violated or threatened with violation by an unlawful act or omission of a
public official or employee, or of a private individual or entity. This writ
shall cover extrajudicial killing and enforced disappearances or threats.
(sec.1) The Writ of Habeas data on the other hand is a remedy available
to any person whose right to privacy in life, liberty or security is violated or
threatened by an unlawful act or omission of a public official or employee,
or any private individual or entity engaged in the gathering, collecting or
storing of data or information regarding the person, family, home and
correspondence of the aggrieved party (section 1).
Writ of Kalikasan , a resolution on Rules of Procedure for Environmental
Cases (A.M. No. 09-6-8-SC) was approved on April 13, 2010 and was to
take effect on April 29, 2010, fifteen (15) days following its publication in a
newspaper of general circulation. This rule covers civil and criminal
actions brought before the Regional Trial Courts, Metropolitan Trial
Courts, Municipal Trial Courts and Municipal Trial Courts involving the
enforcement or violations on the existing environmental and other related
laws and regulations, conservation, development, preservation, protection
and utilization of the environment and natural resources, promulgated
during the American period such as Act No. 3572 approved on November
26, 1929 until the present Republic such as Republic Act No. 9637
approved on May 13, 2009. The Courts designated to try these cases are
called Green Courts.
A Writ of Kalikasan was issued with a Temporary Environmental
Protection Order (TEPO) was issued by the Supreme Court in the case of
West Tower Condominium Corporation, On Behalf of the Residents off
West Tower Condo., And In Representation of Barangay Bangkal, And
Others, Including Minors and Generations Yet Unborn vs. First Philippine
Industrial Corporation, First Gen Corporation And Their Respective Board
of Directors and Officers, John Does and Richard Does, G.R. No. 194239,
May 31, 2011. The case of Abrigo v. Swift, G.R. No. 206510, September 16,
2014, was filed when the USS Guardian ran aground on the northwest
Library websites .
Draft personnel manual (A.M. No. 00-6-01-SC) was been submitted to the
Court En
Banc for action on March 29, 2011. In a Resolution of the Court En Banc
dated January
31, 2012, the Human Resource Manual formerly referred to as Personnel
Manual, was approved.
The Judicial and Bar Council was created by virtue of Constitution(1987),
Art. VIII, sec. 8. under the supervision of the Supreme Court. Its principal
function is to screen prospective appointees to any judicial post. It is
composed of the Chief Justice as ex-officio Chairman, the Secretary of
Justice and representatives of Congress as ex-officio members, a
representative of the Integrated Bar, a professor of law, a retired member
of the Supreme Court and a representative of the private sector as
members. The Judicial and Bar Council has promulgated on October 31,
2000 its Rules (JBC-009) in the performance of its function. The Supreme
Court opined that in the case of Jardeleza v. Sereno, The Judicial And Bar
Council and Ochoa, Jr., G.R. No. 213181, August 19, 2014, that the
application of Section 2, Rule 10 of JBC-009 to petitioner violated the
petitioners constitutionally guaranteed right to due process and having
garnered a majority vote of the JBC Members, declare that the petitioner
be deemed included in the short list submitted by respondent JBC to the
President. The Supreme Court further stated the need to respect to the
interpretation and application of Section 2, Rule 10 of JBC-009.
The JBC conducts live public interviews and has set guidelines for vacancy
in the Chief Justice, Associate Justices of the Supreme Court and Appellate
Courts. JBC Resolution No. 007 provides for wider publicity of notice of
opening of nomination and list of applicants for judicial positions.
The Philippine Judicial Academy (PHILJA) is the training school for
justices, judge, court personnel, lawyers and aspirants to judicial posts. It
was originally created by the Supreme Court on March 16, 1996 by virtue of
Administrative Order No. 35-96 and was institutionalized on February 26,
1998 by virtue of Republic 8557. It is an important component of the
Supreme Court for its important mission on judicial education it to p
rovide opportunities to develop judicial competence, instill sound values,
and form constructive attitudes in its continuing pursuit of judicial
excellence. No appointee to the Bench may commence the discharge his
adjudicative function without completing the prescribed course in the
Philippine
Judicial
Academy (http://philja.judiciary.gov.ph/programs.html)
Its
organizational structure and administrative set-up are provided for by the
Supreme Court in its En Banc resolution (Revised A.M. No. 01-1-04-SCPHILJA). It has development partners . The PHILJA Training Center is
situated at Brgy. Silang, Crossing East, Tagaytay City.
The Philippine Mediation Center was organized pursuant to Supreme
Court En banc Resolution A.M. No. 01-10-5-SC-PHILJA, dated October 16,
2001, and in line with the objectives of the Action Program for Judicial
Reforms (APJR) to decongest court dockets, among others, the Court
prescribed guidelines in institutionalizing and implementing the mediation
program in the Philippines. The same resolution designated the Philippine
Judicial Academy as the component unit of the Supreme Court for CourtAnnexed Mediation and other Alternative Dispute Resolution (ADR)
Mechanisms, and established the Philippine Mediation Center (PMC).
Mandatory Continuing Legal Education Office was organized to implement
the rules on Mandatory Continuing Legal Education for members of the
Integrated Bar of the Philippines (B.M. No. 850 dated October 2, 2001
Mandatory Continuing Legal Education (MCLE)). The purpose of the
MCLE is to ensure that throughout the career of the members of the
Integrated Bar of the Philippines, they keep abreast with law and
jurisprudence, maintain the ethics of the profession and enhance the
standards of the practice of law. Members of the Integrated Bar of the
Philippines who are not exempt from the MCLE must complete thirty six
(36) hours of continuing legal education every three (3) years (B.M. No.
850, Rule 2, sec. 2). Exemptions from the MCLE requirement are under
Rule 7, sec. 1-2. It holds office in the Integrated Bar of the Philippines main
office at Julio Vargas St., Ortigas Center, Mandaluyong City.
Court of Appeals :
Commonwealth Act No. 3 (December 31, 1935), pursuant to the
Constitution (1935), Art. VIII, sec. 1, established the Court of Appeals. It
was formally organized on February 1, 1936 and was composed of eleven
justices with Justice Pedro Concepcion as the first Presiding Justice. Its
composition was increased to 15 in 1938 and further increased to 17 in 1942
by virtue of Executive Order No. 4. The Court of Appeals was regionalized
in the later part of 1944 when five District Courts of Appeal were organized
for Northern, Central and Southern Luzon, for Manila and for Visayas and
Mindanao. It was abolished by President Osmena in 1945, pursuant to
Executive Order No. 37 due to the prevailing abnormal conditions .
Anti-Graft and Corrupt Practices Act (Republic Act No. 3019, as amended,
Republic Act No. 1379, and Chapter II, Sec. 2, Title VII, Book II of the
Revised Penal Code), of a government official occupying the following
positions in the government whether in a permanent, acting or interim
capacity, at the time of the commission of the offense;
Officials of the executive branch occupying the positions of regional
director and higher, otherwise classified as Grade '27' and higher, of the
Compensation and Position Classification Act of 1989 (Republic Act No.
6758);
Members of Congress and officials thereof classified as Grade'27'and up
under the Compensation and Position Classification Act of 1989; cralaw
Members of the judiciary without prejudice to the provisions of the
Constitution;
Chairmen and members of Constitutional Commissions, without prejudice
to the provisions of the Constitution; and
All other national and local officials classified as Grade'27'and higher under
the Compensation and Position Classification Act of 1989.
Other offenses or felonies whether simple or complexed with other crimes
committed by the public officials and employees mentioned in subsection
a) of this section in relation to their office.
Civil and criminal cases filed pursuant to and in connection with Executive
Order Nos. 1, 2, 14 and 14-A, issued in 1986.
The Supreme Court, acting on the recommendation of the Committee on
Revision of the Rules of Court, resolved with modification the Revised
Internal Rules of the Sandiganbayan on August 28, 2002 (A.M. No. 02-607SB)
Court of Tax Appeals :
Created by Republic Act No. 1125 on June 16, 1954, it serves as an appellate
court to review tax cases. It had three judges and one Division. Under
Republic Act No. 9282 , its jurisdiction has been expanded where it now
enjoys the same level as the Court of Appeals. This law has doubled its
membership, from three to six justices, one (1) Presiding Justice and five
(5) Associate Justices. There are now two (2) Divisions with three Justices
per division. Republic Act Number 9503 enacted on June 12, 2008 and
effective July 5, 2008 further expanded its composition to one (1)
Presiding Justice and eight (8) Associate Justices in three (3) Divisions. A
decision of a division may be appealed to the En Banc. The en Banc
decision may be appealed by verified petition for certiorari to the Supreme
Court.
T he Supreme Court acting on the recommendation of the Committee on
Revision of the Rules of Court resolved to approve the Revised Rules of the
Court of Tax Appeals (A.M. No. 05-11-07-CTA) and amended by a
resolution of the Court En Banc on November 22, 2005 .
The Court of Tax Appeals has exclusive appellate jurisdiction to review by
appeal pursuant to Republic Act No. 1125 are the following:
follows:
Exclusive original jurisdiction in all civil actions which involve title to, or
possession of, real property, or any interest therein where the assessed
value of the property or interest therein does not exceed Twenty thousand
pesos (P 20,000.00) or, in civil actions in Metro Manila, where such
assessed value does not exceed Fifty thousand pesos (P 50,000.00)
exclusive of interest, damages of whatever kind, attorneys fees, litigation
expenses and costs: Provided, That in cases of land not declared for
taxation purposes the value of such property shall be determined by the
assessed value of the adjacent lots (Sec. 33, Batas Pambansa Blg. 129).
Section 33 of Batas Pambansa Blg. 129 provides that the Supreme Court
may designate MeTCs, MTCCs, MTCs, and MCTCs to hear and determine
cadastral or land registration cases where the value does not exceed one
hundred thousand pesos (P100, 000.00). Their decision is can be
appealed in the same manner as the Regional Trial Courts.
The MeTCs, MTCCs, MTCs, and MCTCs are empowered to hear and decide
petitions for a writ of habeas corpus or applications for bail in criminal
cases in the province or city in the absence of the Regional Trial Court
Judges.
The Supreme Court approved on September 9, 2008 the Rule of Procedure
for Small Claims Cases (A.M. No. 08-8-7-SC) which took effect on October
1, 2008 after its publication in two newspapers of general circulation.
Forty four (44) first level courts (Metropolitan Trial Courts (MeTC),
Municipal Trial Courts in Cities (MTCC), Municipal Trial Courts (MTC)
and Municipal Circuit Trial Courts (MCTC) were designated to hear small
claims cases. On February 16, 2010, a Resolution of the Court En Banc
was approved amending provisions of the Rule of Procedure for Small
Claims Cases (A.M. No. 08-8-7-SC). In March of 2010, all the first Level
Courts in the country, except Sharia courts were empowered to hear small
claims cases. Small claims courts are also called Peoples Courts cases
are readily resolve for al courts are required to decide the matter at the first
hearing. Lawyers are not allowed in hearings. Thus, the procedure is
considered inexpensive. These first level courts try small claims cases for
payment of money where the value of the claim does not exceed One
Hundred Thousand Pesos (P100, 000.00) exclusive of interest and costs.
These courts shall apply the rules of procedure provided in A.M. No. 08-87-SC in all actions which are: (a) purely civil in nature where the claim or
relief prayed for by the plaintiff is solely for payment or reimbursement of
sum of money, and (b) the civil aspect of criminal actions, either filed
before the institution of the criminal action, or reserved upon the filing of
the criminal action in court, pursuant to Rule 111 of the Revised Rules Of
Criminal Procedure.
Sharia Courts:
These special courts were created by sec. 137 of Presidential Decree No.
1083 or the Code of Muslim Personal Laws. The judges should possess all
the qualifications of a Regional Trial Court Judge and should also be
learned in Islamic law and jurisprudence. Articles 143, 144, and 155 of
Presidential Decree No. 1083 provide the jurisdiction of the said courts as
follows:
Sharia D istrict Courts (SDC) as provided for in paragraph (1), Article 143
of Presidential Decree No. 1083, shall have exclusive jurisdiction over the
following cases:
All cases involving custody, guardianship, legitimacy, paternity and
filiations arising under the Code;
All cases involving disposition, distribution and settlement of the estates of
deceased Muslims, probate of wills, issuance of letters of administration or
appointment of administrators or executors regardless of the nature or
All cases involving offenses defined and punished under the Code;
All civil actions and proceedings between parties who are Muslims or have
been married in accordance with Article 13 of the Code involving disputes
relating to:
Marriage;
Divorce recognized under the Code;
Betrothal or breach of contract to marry;
Customary dower (mahr);
Disposition and distribution of property upon divorce;
Maintenance and support, and consolatory gifts (muta); and
Restitution of marital rights; and
All cases involving disputes to communal properties.
Rules of procedure are provided for in articles 148 and 158. En Banc
Republic Act No. 6766 providing for an Organic Act for the Cordillera
Autonomous Region was passed Congress and took effect on October 23,
1989. A plebiscite was called but it failed to get the majority affirmative
vote on January 30, 1990. Another law, Republic Act No. 8438,
establishing the Cordillera Autonomous Region was passed by Congress on
December 22, 1997. Another plebiscite was held on March 7, 1998 among
the people of the region. Again, it failed to gain the majority approval of
the Cordillera people. Efforts in Congress are being made for the passage of
another law.
The Autonomous Region in Muslim Mindanao (ARMM) was created by
Republic Act No. 6734 and further strengthened by Republic Act No.
9054. Republic Act No. 6734 was passed by both houses of Congress on
February7, 2001 and lapsed into law without the signature of the President
in accordance with Article VI, Section 27 (1) of the Constitution on March
31, 2001. The ARMM has its seat of government in Muslim Mindanao. It is
composed of four provinces, Lanao del Sur, Maguindanao, Sulu and TawiTawi. It is guided by its own Constitution and Organic Act. It has its own
Legislative, Executive and Administration of Justice (Judicial) department
of government.
In the case of Disomangcop v. Datumanong, G.R. No. 149848, November
25, 2004, touch on the fate of the autonomy for Muslim Mindanao. In this
decision Justice Tinga stated we have the overwhelming support of the
Bangsa Moro and the Cordillera Constitution. By this we mean meaningful
an authentic regional autonomy. We propose that we have a separate
Article on the autonomous regions for the Bangsa Moro and the Cordillera
people clearly spelled out in the Constitution, instead of prolonging the
agony of...
This ARMM will be replaced by the Bangsang Moro basic law according to
the Chief Peace Negotiator Marvic Leonen. The Philippine Government
and the Moro Islamic Liberation have agreed to form the transition
commission to craft the basic Bangsamoro Basic Law. Framework of
Agreement of the Bangsa Moro was drafted in 2012. Annex of Power
Sharing was signed in Kuala Lumpur, Malaysia on December 8, 2013
between Prof. Miriam Coronel- Ferrer as the GPH Panel Chair and
Mohaher Iqbal as the MILF Panel Chair, in the presence of the Malaysian
Facilitator Tengku Dato Ab Ghafar Tengku Mohamed.
3.6. Other Government Agencies
The Bangko Sentral ng Pilipinas (Central Bank) is considered as a
constitutional office in the official Philippine government directory .
Legal System
Classification by Authority:
Authority is that which may be cited in support of an action, theory or
hypothesis. Primary Authority is the only authority that is binding on
the courts. These are the two sources of law which includes the
Constitution, legislative statutes or those passed by Congress,
decisions of the Supreme Court , appellate courts, lower court and
other quasi-judicial agencies, Executive issuances or Presidential
issuances, treaties entered into by the Philippines, ordinances, rules
and regulations of government agencies. They are the actual law or
those promulgated by the three branches of government: Legislative,
Executive and Judiciary.
The legislature promulgates statutes, namely: Act, Commonwealth Act,
Republic Act, and Batas Pambansa. The Executive promulgates
presidential issuances (Presidential Decrees, Executive Orders,
Memorandum Circular, Administrative Orders, Proclamations, etc.),
rules and regulations through its various departments, bureaus and
agencies. The Judiciary promulgates judicial doctrines embodied in
decisions.
We however need to clarify that the Presidential Decrees or law issued by
President Ferdinand E. Marcos during Martial Law and Executive
Orders issued by Aquino President Corazon C. Aquino before the
opening Congress in July 1987 can be classified as legislativeexecutive acts, there being no legislature during these two periods.
Primary Authority or sources may be further subdivided into the following:
search tools for statute and case law. These electronic sources started with
CD ROMS and now online or electronic libraries. The popular use of
online/electronic libraries was due to the advent of the iPads, iPods, tablet
and notebooks and internet with Wi-Fi connection. Online access is either
through Open access or subscription basis. Open access for law is used for
both the government and the private sector. The Chan Robles Law Firm
Library and Arellano Law Foundation Lawphil use open access in their
electronic libraries, which contains the full-text of all sources of Philippine
legal information, case law and statute law. Chanrobles.com has also in its
database the full text of United States decisions and materials on important
legal events such as Impeachment proceedings, bar examinations. Chan
Robles conducts online bar review program.
Official or government online source for full-text for all legal sources and
related materials in the Official Gazette online , launched in July 2010. It
contains the issuances of all the executive departments, which are found
also in the websites of the different executive departments. They aim (as
reflected in their website) to include the issuances of the legislative and the
judiciary. The Supreme Court E-Library is an electronic library (online
and CD Rom for decisions updated quarterly) for all Philippine legal
information, case law and statute law. Access however is limited to the
Justices, judges and court attorneys of the Supreme Court and law schools
(by request) through their law librarians. Decisions and issuances of the
Supreme Court and its Offices and the Appellate Courts are found in the
Judiciary portal .
CD Asia online contains full-text of Supreme Court decisions and statutes,
available on a subscription basis. Subscription may be made solely for
court decisions or statutes or for both. Central Books eSCRA is another
database which can be accessed online with the use of desktops, laptops,
notebooks, and iPads. Law Juan , iPad app is a new source for full-text
statutes and Supreme Court decisions available by subscription.
By using Google search, some of this legal information may be retrieved.
The established policy is that in case of conflict between the printed and
electronic sources, the printed version coming from the issuing
government agency prevails.
Legal research for statute law in the Philippines benefited remarkably from
the use of the latest technology due to two major problems: a) no complete
and updated published or printed search tools or law finders for statute
law and b) no complete compilation of statute law from 1901-present were
available. Problems of the publication of compilations of statute law or the
the only available Philippine law dictionary was last published in 1988,
and, Jose Agaton Sibals Philippine Legal Thesaurus , which is likewise
considered a dictionary, was published in 1986. Foreign law dictionaries
like Blacks Law Dictionary, Words and Phrases are used as alternate. To
search for legal information, legal researchers go online virtual libraries
such as the Supreme Court E-Library , Chan Robles Virtual Library ,
Arellanos lawphil , CD Asia online and the different databases in CD-ROM
format from CD Asia Technologies Asia Inc. The databases developed by
CD Asia include not only the compilation of Laws (statutes) and
Jurisprudence, but also include a compilation of legal information that are
not available in printed form such as Opinions of the Department of
Justice, Securities and Exchange Commission and Bangko Sentral (Central
Bank) rules and regulations. Search engines used in these databases
answer for the lack of complete and updated indexes of legal information.
In this regard, effective legal research can be conducted with one cardinal
rule in mind: "ALWAYS START FROM THE LATEST." The exception to
this is when the research has defined or has provided a SPECIFIC period.
5.
Court of Appeals;
Regional Trial Courts divided into different judicial regions,
Metropolitan Trial Court;
Municipal Trial Court in Cities;
Municipal Trial Courts;
Municipal Circuit Trial Courts.
The Shariah (Shariaa ) Circuit and District Courts (Presidential Decree
No. 1083), Court of Tax Appeals (Republic Act No. 1125) and the
Sandiganbayan (Presidential Decree Nos. 1486 and 1606), sec. 4, Art XI of
the 1987 Constitution were created by separate laws.
Conventional decisions are decisions or rulings made by regularly
constituted court of justice. Subordinate decisions are those made by
administrative agencies performing quasi-judicial functions.
One major problem in conducting research on case law is the availability of
published or printed decisions from the Court of Appeals to the rest of the
judicial and quasi-judicial agencies. The Judicial Reform Program of the
Supreme Court funded by the World Bank started to address this problem
with the establishment of the Supreme Court E-Library aims to address
this problem and also those from statute law and the digitization of the
decisions of the Supreme Court, and the appellate: Court of Appeals,
Sandiganbayan and the Court of Tax Appeals. Digitization of the Appellate
Courts have started and are available online from the most recent and will
continue until all their first decision from their creation will be completed.
The Reporters Office of the Supreme Court and the Court of Appeals keep
all the original and complete copies of the court decisions. By original, this
means that the keep the decisions with the original signatures of the
justices of the Supreme court and Court of Appeals. For the rest of the
Judiciary or the quasi-judicial agencies, copies of their decisions may be
taken from the Legal Office, Office of the Clerks of Court, Records Office or
their libraries. There are no available printed compilations of lower courts
decisions. For those of the Appellate Court, the Court of Appeals has until
1980s only and while the Sandiganbayan has only one volume. For the
Court of Tax Appeals, the compilation is only from 1980 to present in the
CD Asia CD for taxation. The details are in Part 2: Philippine Legal
Information Resources and Citations . A.iv Case Law/ Jurisprudence
Supreme Court Decisions:
Decisions of the Supreme Court are highest source of jurisprudence,
source of law. It is the judgment of this court interprets the law and/or
determines whether a law is constitutional or not. Unconstitutional laws
even though it is signed by the President and passed by both house of
congress cannot take effect in the Philippines.
Decisions of the Supreme Court are classified as follows:
"Regular decisions" and extended Resolutions are published in court
reports either in primary or secondary sources. These decisions provide
the justice who penned the decision or ponente and the other justices
responsible for promulgating the decision, whether En Banc or by
Division. Separate dissenting and/or concurring opinions are likewise
published with the main decision. These regular and extended resolutions
are available electronically in the Supreme Court website under Decisions
and the Supreme Court E-Library under Decisions.
Unsigned Minute Resolutions are not published. Although they bear the
same force and effect as the regular decisions or extended resolutions,
they are issued and signed by the respective Clerks of Court En Banc or
by any of the three (3) Division s and signed by their respective Clerks of
Court. Since these Minutes Resolutions are not published, the Supreme
Court has now incorporated these Minute Resolutions, more particularly
those that resolve a motion for reconsideration or those that explain or
affirm a decision; and (2) Administrative Matters in the Supreme Court ELibrary , under RESOLUTIONS.
Recently, the Supreme Court website has included these decisions. The
Chanrobles has included Minutes Resolution in its website.
Case Reports in the Philippines such as the Philippine Reports, Supreme
Court Reports Annotated (SCRA) , and the Supreme Court Advance
Decisions (SCAD) come in bound volumes which generally cover a month
per volume. The Supreme Court Advance Decisions (SCAD) has been
discontinued. The Official Gazette, Philippine Reports and the Advance
Sheets are the primary source or official repositories of decisions and
extended resolutions of the Supreme Court. The Advance Sheets are
decisions in reproduced form or photocopied copy of the actual
original decision which contains the full text, the signatures of the justices
and the certification of the Chief Justice. The original decisions are those
which the actual signatures is deposited in the Reporters Office of the
Supreme Court. The Advance Sheets was made available as soon as a
decision is issuance. This was however discontinued because decisions of
the Supreme Court are now available almost immediately upon issuance at
the Supreme Court website . The Official Gazette, Philippine Reports are
the other primary source for Supreme Court decisions. The difference
between the two lies in the fact that the Official Gazette selective
compilation while Philippine Reports contains the complete compilation
decisions of the Supreme Court. Original decisions with original signature
of the Justices of the Supreme Court are found in the Office of the Reporter
of the Supreme Court.
There were unpublished decisions of the Supreme Court from 1901 until
1960. The list and subject field are found at the back of some volumes of
the Philippine Reports . Some of these decisions are cited in treatises or
annotations. In view of the importance of these decisions, the Supreme
Court E-Library started to collect these unpublished decisions and include
them in its database.
The availability of some of the unpublished decisions before World War II
is a problem for a number of the original decisions have been burned. So,
there is no complete compilation of the original decisions of the Supreme
Court. This problem is being addressed by the Supreme Court E-Library
where are great number of these unpublished decisions of the Supreme
Court before the war were retrieved from different sources such as the
United States National Archives in Maryland, private collection of former
Supreme Court Justices such as Chief Justice Ramon Avancena and Justice
George Malcolm (collection is found in the University of Michigan) and
private law libraries who were able to save some of their collection such as
the University of Santo Tomas, the oldest university in the Philippines.
Search for the unpublished decisions still continues.
The unpublished decisions after the War, the late Judge Nitafan of the
Regional Trial Court of Manila started publishing Supreme Court
Unpublished Decision s ; vol. 1 covers decisions from March 1946 to
February 1952. However only two volumes were published due to Judge
Nitafans untimely death. The Office of the Reporter of the Supreme Court
has these unpublished decisions.
The early volumes, particularly those before the war were originally
published in Spanish in the Jurisprudencia Filipina . They were translated
in English to become the Philippine Reports . Some decisions after the
second Philippine independence were still in the Spanish language. There
are a number of decisions now in the Filipino language. The Philippine
Reports until volume 126 (1960's) was published by the Bureau of Printing,
now called the National Printing Office. Printing was transferred to the
Supreme Court in the 1980s due to the need for a complete official
Philippine Digest
Republic of the Philippine Digest
Velayo's digest
Magsino's Compendium
Supreme Court's unpublished Subject Index
Martinez's Summary of Supreme Court rulings 1984 to 1997
UP Law Center's Supreme Court decisions: subject index and digest's
SC's Case Digest's
Philippine Law and Jurisprudence
Castigadors Citations
SCRA Quick Index Digest
Title Approach or Title of the Approach: (Please See Complete title of the
publication from the Philippine Legal Bibliography chapter)
Philippine Digest - Case Index
Republic of the Philippines Digest
Ong, M. Title Index to SC decisions 1946-1978 2v.; 1978-1981 1st Suppl;
1981-1985, 2nd Suppl; 1986 to present is unpublished but available at the
Supreme Court Library portal
Ateneo's Index
Manual approach is not possible in majority of law libraries for the above
sources enumerated are no longer available. For those who have these
sources, the problem is the availability of updated indexes. Only the SCRA
Quick Index Digest is updated. It is however delayed by about one year for
they have to wait for the last volume of the SCRA for the year before they
could come up with the SCRA Quick Index Digest. In the Title Approach,
the latest is M. Ong Title Index to SC decisions, 2 nd supplement 1981-1985.
The updated Title Index is available at the Supreme Court Library portal
but is not yet available online. Title search made be made through the Lex
Libris: Jurisprudence online.
Electronic application is the source for effective legal research. These
sources are as follows:
Text:
Court of Appeals decisions are now being complete online starting from the
latest to 1936.
Official Gazette (selective publication)
Court of Appeals Reports which was published by the Court of Appeals
until 1980. Even this publication is not a complete compilation. It is still
considered selective for not all CA decisions are included.
Court of Appeals Reports (CAR) by Central Book Supply. One volume was
published
Philippine Law and Jurisprudence
Reports Office of the Court of Appeals
bar examinations for three or more times must take a refresher course.
The Legal Education Board has listed the following 88 accredited law
schools who can conduct refresher courses for 2014-2015:
Adamson University
Aemilianum College Inc.
Aklan Colleges, Kalibo Aklan
Andres Bonifacio College
Angeles University Foundation
Aquinas University
Araullo University
Arellano University
Ateneo de Davao University
Ateneo de Manila University
Bicol Colleges
Bukidnon State University
Bulacan State University
Cagayan State University
Central Philippines University
Centro Escolar University
Colegio de la Purisima College
Cor Jesu College
Cordillera Career Development College
Dr. V. Orestes Romualdez Educational Foundation
Eastern Samar State University
Father Saturnino Urios University
Far Eastern University
Far Eastern University-DLSU
Foundation University
Holy Name University (formerly DWC-T)
Isabela State College
J.H. Cerilles State College
Jose Rizal Memorial State University
Jose Rizal University
Leyte Colleges
Liceo de Cagayan University
Lyceum of the Philippines University
Lyceum Northwestern University
Manila Law College Foundation
Manuerl Luis Quezon University
Mariano Marcos State University
Mindanao State University
New Era University
Northeastern College
Northwestern University
Notre Dame University
Palawan State University
Pamantasan ng Lungsod ng Maynila
Pan Pacific University of Northern Philippines
Philippine Christian University
Philippine Law School
Polytechnic University of the Philippine
San Sebastian College-Recoletos
Saint Louis University
San Beda College-Alabang
San Beda College-Mendiola
San Pablo Colleges
Siliman University
Southwestern University
St. Louis College
St. Marys University
St. Paul School of Business and Law
St. Thomas More School of Law and Business
Sultan Kudarat University
Tarlac State University
Universidad de Manila
University of the Cordilleras
University of Baguio
University of Batangas
University of Cagayan Valley
University of Cebu
University of Eastern Philippines
University of Iloilo
University of Manila
University of Mindanao
University of Negros Occidental-Recoletos
University of Northern Philippines
University of Nueva Caceres
University of Pangasinan
University of Perpetual Help-Laguna
University of Perpetual Help-Rizal
University of San Agustin
University of San Carlos
University of San Jose-Recoletos
University of Sothern Philippines-Foundation
University of St. La Salle
The Supreme Court has the power to discipline the members of the bar by
disbarment or suspension based on the grounds provided in the Rules of
Court, Rule 138, sec. 27. Rule 139-B provides that the proceedings for
disbarment, suspension or discipline may be taken by the Supreme Court
motu proprio or by the Integrated Bar of the Philippines upon the verified
complaint of a person. The IBP Board of Governors may, motu proprio
or upon referral by the Supreme Court or by a Chapter Board of Officers, or
at the instance of any person, initiate of any prosecute proper charges
against erring attorneys including those in government service.
6.1. Law Schools
The Office of the Bar Confidant of the Supreme Court as of July 2014 has
listed the following law schools in the Philippines which have produced
bar candidates:
*Manila Law College Foundation, 641 Sales St., Sta. Cruz, Manila
*Manuel L. Quezon University, 916 R. Hidalgo St., Quiapo, Manila
*Manuel S. Enverga University Foundation-Lucena, University Site,
Lucena City
*Mariano Marcos State University, Batac, Ilococ Norte
Masbate Colleges, Masbate, Masbate
*Medina Colleges, Gov. Angel N. Medina Sr. Avenue, Carmen Annex,
Ozamiz City
*Mindanao State University-Iligan, Fatima Campus, Fatima, Iligan City
*Mindanao State University-Marawi, Laurel Avenue, Marawi City
*Misamis University, Hitarion T. Feliciano Street, ., Ozamis City
Naval State University-UEP (Fomerly Naval Institute of Technology),
Naval, Biliran
*Negros Oriental State University, Kagasawan Avenue, Dumaguete City
*New Era University, No. 9 Central Avenue, St. Joseph Street, New Era,
Quezon City
*Northeastern College, Maharlika Highway, Santiago City, Isabela
*Northwestern University, Don Mariano Marcos Avenue, Laoag City
*Notre Dame University, Notre Dame Ave., Cotabato City
Our Lady of Mercy College, Borogan, Eastern Samar
*Pagadian Capitol College, Pagadian City, Zamboanga del Sur
*Palawan State University, PSU Road, Barangay Tiniguiban, Puerto
Princesa, Palawan
*Pamantasan ng Lungsod ng Maynila, Intramuros, Manila
*Pan Pacific University of North Philippines, Urdaneta City, Pangasinan
*Philippine Advent College, Ramon Magsaysay, Sindangan, Zamboanga del
Norte
*Philippine Cambridge School of Law, Arts, sciences, Business, Economics
and Technology, Paliparan Site, Paliparan III, Dasmarinas, Cavite
*Philippine Christian University, Pedro Gil cor. Taft Ave., Manila
*Philippine Law School, 1942 Donado corner San Juan Street,, Pasay City
Polytechnic College of La Union. La Union
*Polytechnic University of the Philippines, A Mabini Campus, Anonas
Street, Sta. Mesa, Manila
*Ramon Magsaysay Technological University, Iba, Zambales
St. Ferdinand College, Santa Ana, Centro Iligan, Isabela
*St. Dominic Savio College, Block 1, Lot 6, Mountain Heights Subdivision,
Quirino Highway, Pangarap, Caloocan City
*Saint Louis College, National Highway, Lingsat, San Fernando City, La
Union
*St. Louis University, A. Bonifacio St., Baguio City
*St. Marys College of Tagum, Inc., National Highway, Tagum
*St. Marys University, San Vidal corner Ponce Street, Bayombong, Nueva
Vizcaya
*St. Paul School of Business and Law, Palo, Leyte
*St. Thomas More School of Law & Business, Doclotero Avenue, Tagum
City
Samar College, Catbalogan City , Samar
*San Beda College, 638 Mendiola St., San Miguel, Manila
*San Beda College-Alabang, 8 Don Manolo Blvd, Alabang Hills, Alabang
*San Pablo Colleges, Hermanos Belen Street, San Pablo City, Laguna
*San Sebastian College-Recoletos, C.M. Recto Avenue, Manila
San Sebastian College-Recoletos, IBP Bldg., Surigao City
*Silliman University, Hubbard Avenue, Dumaguete City, Negros Oriental
*Southern Bicol Colleges, Mabini St., Masbate City
*Southwestern University, Villa Aznar, Urgello Street, Cebu City
*Sultan Kudarat State University, EJC Montilla Street, Tacurong City,
Sultan, Kudarat
*Tabaco Colleges, 5 Tomas Cabilles Avenue, Tabaco, Albay
*Tarlac State University, 2/F Tarlac State University Gym, Romulo Avenue,
Tarlac City
*Universidad de Manila, Cecilia Munos-Palma corner Antonio Villegas St.,
Mehan Gardens, Manila
*University of Baguio, General Luna Road, Baguio City
*University of Batangas-Batangas City Campus, Batangas City
*University of Bohol, Ma. Clara Street, Tagbilaran City, Bohol
*University of Cagayan Valley, College Ave., Tuguegarao City, Cagayan
*University of Cebu, Gov. Cuenco Avenue, Banilad, Cebu City
*University of Eastern Philippines, University Town, Catarman, Northern
Samar
*University of Iloilo, Rizal Street, Iloilo City
*University of La Sallete, Bachelor Street, Santiago City, Isabela
*University of Manila, 546 Dr. M.V. delos Santos, Manila
*University of Mindanao, Bolton St., Davao City
*University of Negros Occidental-Recoletos, Lizares St., Bacolod City
*University of Northeastern Philippines, San Roque, Iriga City, Camarines
Sur
*University of Northern Philippines, Quirino Boulevard, Vigan, Ilocos Sur
University of Northwestern Philippines, Mariano Marcos Ave., Laoag City
*University of Nueva Caceres, J. Hernandez Avenue, Naga City
*University of Pangasinan, Arellano Street, Dagupan City, Pangasinan
*University of Perpetual Help-Rizal, Alabang-Zapote Road, Pamplona, Las
Pinas City
*University of Perpetual Help System, Sto Nino, Binan, Laguna
*University of Saint La Salle, La Salle Avenue, Bacolod City
*University of San Agustin, Gen. Luna St., Iloilo City
The official organization for the legal profession is the Integrated Bar of the
Philippines (IBP), established by virtue of Republic Act No. 6397. This
confirmed the power of the Supreme Court to adopt rules for the
integration of the Philippine Bar. Presidential Decree 181 (1973)
constituted the IBP into a corporate body.
There are now about 50,000 attorneys who composed the IBP. These are
the attorneys whose names are in the Rolls of Attorneys of the Supreme
Court who have qualified for and have passed the bar examinations
conducted annually, taken the attorneys oath, unless otherwise disbarred.
Membership in the IBP is compulsory. The Supreme Court in its
resolution Court En Banc dated November 12, 2002 (Bar Matter No. 1132)
and amended by resolution Court En Banc dated April 1, 2003 (Bar Matter
No. 112-2002) require all lawyers to indicate their Roll of Attorneys
Number in all papers and pleadings filed in judicial and quasi-judicial
bodies in additional to the previously required current Professional Tax
Receipt (PTR) and IBP Official Receipt or Life Member Number.
Other Bar Associations:
Philippine Bar Association is the oldest voluntary national organization of
lawyers in the Philippines which traces its roots to the Colegio de
Abogados de Filipinas organized on April 8, 1891. It was formally
incorporated as a direct successor of the Colegio de Abogados de Filipinas
on March 27, 1958.
The other voluntary bar associations are the Philippine Lawyers
Association, Trial Lawyers Association of the Philippines, Vanguard of the
Philippine Constitution, PHILCONSA, All Asia Association, Catholic
Lawyers Guild of the Philippines, Society of International Law, WILOCI,
Women Lawyers Association of the Philippines (WLAP), FIDA . The
Philippines is also a member of international law associations such as the
ASEAN Law Association , and LAWASIA.
7. Law Librarians Association
The Philippine Group of Law Librarians Inc. (PGLL ) is a national
organization of law librarians from both the government and the private
sector organized August 1980 during the 46 th General Congress of the
International Federation of Library Associations and Institutions (IFLA).
Now on 35 th year, the PGLL aims to develop the competencies of law
librarians in legal research, management, the information technology and
other fields though it congresses, fora and seminars for improved library
services. The PGLL is sensitive to the latest development in the law library