Chapter 3 (leg Res).docx

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Chapter 3 Case Laws 1.

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Definition and Source of Case Law  Case Law is defined as the great class of official literary manifestation of law made of cases decided by courts and by bodies performing judicial functions.  Judicial Decisions provide the second important set of rules which have the force and effect of law consisting of those legal principles emanating from the decisions of courts of justice.

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Article 8, Civil Code “Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines.”  Jurisprudence in our system of government, it cannot create law. (Merely a judgement law).  Two Other Functions of Judiciary:  To fill deficiencies of legislation and provide a rule for the facts of a given case in which there is neither positive provision of law nor established custom.  To adapt and adjust rigid and inflexible provisions of law rendered inadequate by time and circumstances to the changing conditions of life and society, so that the law may accomplish its social mission.

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Hierarchy of Courts & Jurisdiction of Regular Courts  Supreme Court  Composed of 15 justices including the Chief Justice  Division of Three (three, five and seven)  Constitutional Issue may be resolved only by a majority of the members who actually took part. ( 10 in this case)  Jurisdiction of Supreme Court  Original Jurisdiction (now concurrence with Regional Trial Court) over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto and habeas corpus.  Appellate or certiorari jurisdiction, in the language of the Constitution, has the power to review, revise, reverse, modify or affirm on appeal or certiorari:

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All cases in which the constitutionality or validity of any treaty, executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question.  All cases involving the legality of any tax impost, assessment, or toll, or any penalty imposed in relation thereto.  All cases in which the jurisdiction of any inferior court is in issue.  All criminal cases in which the penalty imposed is Reclusion Perpetua or higher.  All cases in which only an error or question of law is involved. 30 Days after the decision from lower court. Court of Appeals  Has the power to received evidence in cases originally filed with the court and in appealed cases when it grants new trial. Jurisdiction of Court of Appeals  Original jurisdiction over actions for annulment of judgements of the regional trial court.  Exclusive appellate jurisdiction over all final judgements, decisions, resolutions, orders, or awards of regional trial courts and quasi-judicial agencies, instrumentalities, boards or commissions, except those falling within the appellate jurisdiction of the Supreme Court in accordance with the Constitution, the provisions of B.P. 129 and offenses related to those punishable by Reclusion Perpetua or higher, as well as constitutional, tax and jurisdictional questions mixed with questions of fact. Sandiganbayan  A collegiate trial and appellate court Jurisdiction of Sandiganbayan  Exclusive and original jurisdiction over all cases involving:  Violations of (1) the Anti-Graft and Corrupt Practices Act; (2) R.A. 1379 on forfeiture of property unlawfully acquired; and (3) the provisions on bribery under Revised Penal Code  All civil and criminal cases that the Presidential Commission of Good Government (PCGG) may file.  Other offenses or felonies of public officers and employees in relation to their office, including these employed in GOCC, whether simple or complexed with other crimes where the penalty is higher than prison correccional or imprisonment for (6) years, or a fine of 6,000.

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The case where penalty does not exceed prison correccional or imprisonment for six years, or a fine of 6,000 shall be tried by proper regional, metropolitan or municipal trial court.  The final judgments, resolutions or orders of the regional trial courts in cases originally decided by them in their respective territorial jurisdiction.  A petition for review from decisions of the metropolitan and municipal trial courts.

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Regional Trial Court  13 judicial regions under which various court branches are distributed.  Court of general jurisdiction in criminal cases. They can issue writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus, and injunction, concurrent with the CA and SC, which may be enforced in any part of their respective regions. Jurisdiction of Regional Trial Court  Exclusive and Original Jurisdiction over all cases involving:  Civil actions in which the subject of the litigation is incapable of pecuniary estimation.  Civil actions which involve the title to or possession of, real property, or any interest therein except actions for forcible entry and unlawful detainer.  Actions in admiralty and maritime jurisdiction where the demand or claim exceeds 20,000.  Matters of probate. Both testate and intestate where gross value of the estate exceeds 20,000.  Actions involving the contract of marriage and marital relations.  Causes not within the exclusive jurisdiction of any court. Tribunal. Person or body exercising judicial or quasi-judicial functions.  Civil actions and special proceedings falling within the exclusive original jurisdiction of the Juvenile and Domestic Relations Court and of the Court of Agrarian Relations as now provided by law.  Other cases in which the demand, exclusive of interest and costs, or the value of the property in controversy amounts to more than 20,000. Defunct Juvenile and Domestic Relations Court  Criminal cases involving youth offenders.  Cases involving custody, guardianship, adoption, paternity and acknowledgement.

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Proceedings brought under the provisions of Articles 116, 225, 252 of the Civil Code. Petitions for declaration of absence and for change of name. Proceedings affecting a dependent or neglected child. Actions for separation of property of the spouses Annulment of marriage, legal separation of spouses and action for support.

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Defunct Court of Agrarian Relations  Cases involving the rights and obligations of persons in the cultivation and use of agricultural lands.  Questions involving rights granted and obligations imposed in relation to the agrarian reform program; amortization payments on land, farm machineries, implements, irrigation; agricultural rentals, annulment or rescission of lease or sale of agricultural lands, boundary disputes.  Cases arising out of membership in the Samahang Nayon compact farms, farmers’ cooperatives or association.  Cases involving sales, alienations, foreclosure, preemption and redemption of tenanted agricultural lands.  Cases involving expropriation proceedings, acquisition of irrigation and water rights.

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Metropolitan courts, Municipal courts, and Municipal circuit courts.  Civil Cases:  Civil actions and probate proceedings where the demand does not exceed 20,000, exclusive of interest and costs, but inclusive of damages of whatever kind.  Cases forcible entry and detainer.  Criminal Cases:  Violations of city or municipal ordinances  Offenses punishable with imprisonment not exceeding four years and two months, or a fine of not more than 4,000, or both such fine and imprisonment, regardless of other imposable accessory or other penalties, including the civil liability, irrespective of kind, nature, value or amount thereof.  Offenses involving damage to property through criminal negligence, where the imposable fine exceeds 20,000.

Doctrine of Stare Decisis  Stare Decisis et non quieta movere  To stand by precedents and not to disturb settled points.

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Express the policy of the courts and the principle upon which rests the authority of judicial decisions as precedents in subsequent litigations. Ratio decidendi vs. obiter dictum  Ratio Decidendi  Very ruling of the court  Obiter Dictum  Incidental statement not necessary to the resolution of the controversy before the court. Decision vs. Opinion  Decision  Disposition of the case.  Opinion  The reasoning of the court to arrive to the decision.

Res Judicata vs. Law of the Case and Similarity  Res Judicata  A judgment upon the merits bars a subsequent suit upon the same cause, brought in a different form of action and a party, therefore, cannot by varying the form of action or adopting a different method of presenting his case escape the operation of the principle that one and the same cause of action shall not be twice litigated.  Law of the Case  The opinion delivered on a former appeal. More specifically, it means that whatever is once irrevocably established as the 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. (21 C.J.S 330) Similarity and Distinction  "The doctrine of law of the case" is akin to that of former adjudication, but is more limited in its application. It relates entirely to questions of law, and is confined in its operation to subsequent proceedings in the same case. The doctrine of res judicata differs therefrom in that it is applicable to the conclusive determination of issues of fact, although it may include questions of law, and although it may apply to collateral proceedings in the same action or general proceeding, it is generally concerned with the effect of an adjudication in a wholly independent proceeding. (30 Am. Jur. 913914.)