CHAPTER 5CASE LAW

WHAT IS A CASE LAW?These are second major category of primary sources of law in the Philippines after the statutes .How it differs from a statute?These are derived from judicial authorities of the State while statutes are derived from the lawmaking agencies of the government.

Decision Proper Subordinate Decisions

Case Law are divided into :

Decision Proper includes the ff:a. Decisions of the Supreme Courtb. Decisions of the Court of

Appealsc. Decisions of the Sandiganbayand. Decisions of the Court of Tax

Appealse. Decisions of the Regional Trial

Courtsf. Decisions of the Metropolitan

Trial Courts ,the Municipal Trial Courts and the Municipal Circuit Trial Courts

The Philippine

Judicial System

1. PRE-SPANISH PERIOD2. SPANISH PERIOD3. THE AMERICAN PERIOD4. THE JUDICIAL SYSTEM AT PRESENT

PRE-SPANISH PERIOD In resolving disputes the court is

composed of the chieftain as a judge and the barangay elders as “jury” Trials were held in public ,the accusers and the accused faced each other with respective witnesses.

Oath “May the crocodile devour me if I tell any false hood”

Disputants begin presenting their arguments , the chieftain act as judge and executive.

PRE-SPANISH PERIOD

SPANISH PERIOD Sep 10,1519 the Great Portuguese

ferdinand Magellan The administration of justice of the

Philippines have 5 components: 1.the law 2. the Judiciary (which included both ordinary and special courts and the prosecution)3.the Law enforcement Agencies 4.the Prison System and 5.Legal profession

1. The Laws Consisted of laws of general application in Spain which were made applicable to our Country

Promulgated by the council of Indies

2. Judicial System

a.Crownb.Council of Indies c.The Real Audienciad.The Alcaldes-Mayores(Courts of first Instance )e.Gobernadorcillos(Justice of the Peace Courts)

Hierarchical Structure:

Governadorcillos governed the town or pueblo. Alcalde Mayor in pacified areas exercised and corregidor in unpacified areas judicial powers in the provinces and had no jurisdiction in courts of first instance. Real Audiencia of Manila was the Supreme Tribunal in the Philippines, both civil and criminal jurisdiction in cases of appeal from the alcalde Mayor The decisions of Real Audiencia in certain cases were appealable to the Council of Indies.

2. Judicial System

The Judicial system included the Department of Public prosecution which is represented in the Government and its institutions in enforcement of the law in all civil and criminal actions .

2. Judicial System

Cuerpo de cuadrilleros municipal police under local government officials and the Guardia Civil,the national constabulary ,the forces were assigned to particular provinces.

3.Law Enforcement Agencies

4. Prison System

Consists of municipal jails ,major penitentiaries such as Bilibid Prison and those in Cavite, Zamboanga and Marianas.

Penal Farms or Colonies in Palawan Davao and Cotabato and Zaboanga

5. Legal Profession

Consists of lawyers who were either appointed to the Judiciary and public prosecution or were practising lawyer and those who have some legal training.

Juico de residencia –a form of investigation and trial of a colonial official’s actuations during his incumbency

Audiencia Real Established in the Philippines by

Royal Decree of May 5 ,1583. Given appellate jurisdiction over

civil and criminal cases

Consejo de las Indias Court of final resort , where cases are elevated which

Audiencia Real don’t have jurisdiction

Audiencia Real

The first session was held on June 15,1584

Abolished by Royal Cedula on August 9,1589 but restored on November 26,1595.

The two chambers of Royal Audiencia: one for civil suits and the other one for criminal suits headed by a President

Audiencia Territorial de Manila

Criminal jurisdiction of the Audiencia was designated in Audiencia Territorial de Manila

Limited to Manila and 15 provinces

Audiencias de lo Crminal of Cebu and Vigan

Two high courts of appellate jurisdiction over criminal cases

Each had one president ,two associate justices,a prosecuting attorney ,as assistant prosecuting attorney ,and a secretary with the necessary clerks .

Alcaldes Mayores

Same as provincial exeutives ,political favorites selected without regard to their knowledge of law or affairs they administer .

By series of royal decrees ,the functions of alcalde mayor became entirely judicial ,his ecxecutive functions have been turn over to the newly established office of gobernador civil.

Alcaldes Mayores

Jueces de primera instancia -were lawyers alone are qualified as alcalde mayores -excercised jurisdiction in judicial districts

Alcaldes Mayores

Jueces de primera instancia -were lawyers alone are qualified as alcalde mayores -excercised jurisdiction in judicial districts

Gobernadorcillos ;jueces de paz Local judges in their respective

pueblos or municipalities By Royal Decree of May 29,1885

separates its executive and judicial power.

Jues de paz or justice of peace where the in charge of judicial jurisdiction of district of the city of Manila and in every municipality.

Judges were appointed by govgen on recommendation of President of Audiencia of Manila ,only lawyers and professionals are appointed.

Special Tribunals

1.Ecclesiastical Courts2.Army and Navy Courts3.Treasury Courts4.Commercial Courts5.Contentious Courts6.Probate Courts

Publications During the Spanish Period Jurisprudencia Civil –where civil

cases where contained ,contains 224 volumes dealing with opinions rendered for almost a century from Nov.3 1838 to April 3,1936.

Jurisprudencia Criminal-where criminal cases are Found in 136 vols

AMERICAN PERIOD Provost courts and military

commissions were created. Civil Courts still recognized Act.No.136 of the Philippine

Commission ,the existing courts were abolished .

The Congress of the United States through the Philippine Bill later the Jones Law approved and confirmed the organization of the courts thus established.

Judicial system were instituted modelled upon English and American prototypes

AMERICAN PERIOD Audiencia Territorial de Manila was

replaced by Supreme Court composed of Chief Justice and eight associate Justices .

Court of first Instance and at the bottom the municipal and Justice of the peace courts.

Special Court ,the court of Land Registration was also created but ceased to exist on July 21 ,1914,its function were transferred in the Courts of First Instance