Case Law

Tonight’s topic will revolve around the second major primary sources of law in the Philippines after the
statutes which is judicial decisions.

Definition: Case Law or Judicial decisions are official interpretations or manifestation of law made by
persons and agencies of the government performing judicial and quasi-judicial functions. (Milagros
Santos-Ong, Philippine Legal Research, Hauser Global Law School Program, New York University
School of Law (2015), https://www.nyulawglobal.org/globalex/Philippines1.html#_Toc414054151)
The word jurisprudence has become synonymous for case law. (Duhaime’s Law Dictionary
(http://www.duhaime.org/LegalDictionary/C/CaseLaw.aspx)

Case law comes from the judicial authorities of the State as opposed to the statute law which is derived
from the lawmaking agencies of the government.

Case law may be divided into: 1) Decisions Proper and 2) Subordinate Decisions. The discussion for these
two shall be done later on. At this point, we’ll first look into the historical accounts for us to appreciate
the evolutions of our judicial system through time and up at present.

1. Pre-Spanish Period

Narrate: disputes are inevitable in any society, and filipino society before the arrival of the Spaniards
was not an exception.

Disputes were decided peacefully through “court” composed of the chieftain or datu as the judge and
the barangay elders as jury.

Processes:

 Trials (civil or criminal) were held publicly and decisions were rendered promptly.
 Accuser and the accused faced each other with their respective witnesses
 Before testifying, these witnesses took an oath to tell the truth and nothing but the truth “May
the crocodile devour me if I don’t tell the truth”; May the lightning strike me if I don’t tell the
truth; may I die here and now if I tell a lie”
 Disputants then present their arguments supported by testimonies of their witnesses
 Datu took mental notes of the arguments
 After disputants present their arguments and supported by their witnesses, the disputant with
more witnesses to his side was adjudged as the winner.

When the court was in doubt as to whom of the litigants were really guilty, it resorted to trial by ordeal.
This is especially true in criminal cases. It was believed that the gods protected the innocent and
punished the guilty and that ordeals revealed divine truth to the people. An accused person who was
innocent was believed to be always successful in the ordeals because the gods made him so (Teodoro A.
Agoncillo, History of the Filipino People, pp.41-44).
An example of a “hot water ordeal” in the Ifugao culture, early 20th century. Source: Ifugao Law
(In American Archaeology and Ethnology, Vol. 15, No. 1)

The Ifugao, for example, subjected the involved parties into either a “hot water” or “hot
bolo” ordeal. The former involved dropping of pebbles in a pot filled with boiling
water. The accused was then asked to dip his hands into the pot and take out the
stones. Failure to do this or doing it with “undue haste” would be interpreted as a
confession of guilt.

The “hot bolo” ordeal, as the name suggests, required both suspects to have their
hands be touched by a scorching knife. The one who suffered the most burns would be
declared guilty.

Other methods included giving lighted candles to the suspects; the one whose candle
died off first was the guilty party. There’s also one which asked both persons to chew
rice and later spit it out, the guilty person being the one who spits the thickest saliva.

Burton, R. (1919). Ifugao Law. American Archaeology And Ethnology, 15(1)

http://www.gutenberg.org/files/40807/40807-h/40807-h.htm#s43 (source of pic)

2. Spanish Period

Narrate: Ferdinand Magellan landed in the Philippines on March 16, 1521 and such arrival became the
basis for Spain to claim and colonize the islands.
5 components (& their purposes) of the administration of Justice during the Spanish period

Law There was a need for a body of laws to govern

the conduct of the people and regulate the
relation among individuals and between the
individual and the sovereign
Judicial system (ordinary and special courts) Provided the mechanism for the adjudication of
disputes among individuals and between the
individual and the government/state
Law enforcement agencies To uphold the law and enforce the decisions
rendered by the judiciary

Consisting of:
a) Cuerpo de cuadrilleros or the municipal
police under the local government
officials
b) Guardia Civil or the national
constabulary, the forces of which were
assigned to particular provinces under
the provincial commanders who reported
directly to the governor and captain
general
Prison system For public punishment of those who violated the
law

Consisting of: municipal jails, provincial jails,

major penitentiaries (Bilibid Prison etc.)
Legal profession Manned the judicial posts and acted as advocates
of individuals in protecting their rights

Consisted of lawyer either appointed to the

judiciary and public prosecution or practicing
lawyers and who had some legal training who
were whether notaries or clerks to assist courts

Laws governing the Philippines:

1. Laws of general application in Spain which were made applicable to the Philippines
2. Laws specifically promulgated by competent authorities (Council of Indies) to govern the
Spanish colonies
3. Laws or regulations promulgated by the Spanish authorities in the country

Hierarchical structure of the judicial system: (general or ordinary jurisdiction)

1. The Crown—King, head of the Spanish government, as absolute ruler had the power to reverse the
rulings of the council of the indies
2. Council of the Indies—decisions of the real audiencia were appealable to the council of the indies in
Seville, Spain
3. Real Audiencia
- Supreme tribunal of the Philippines both had civil and criminal jurisdiction in cases of appeal
from the alcalde mayor / correigdor
- Judgements were executed without appeal except in cases which either from lack of jurisdiction
or great influence of the contesting parties could be elevated to the Consejo de las Indias as the
court of final resort
- However, the real audiencia performed other functions aside from its judicial duties since the
president of the audiencia is the incumbent governor-general (Santiago de vera), it also had
legislative, executive, advisory, and administrative function
- By Royal Decree of July 4, 1861, converted it to a purely judicial institution—one for civil suits
and other criminal
- By 1893, the criminal jurisdiction of the Audiencia now as the Audiencia Territorial de Manila
was limited to Manila
- By 1886 and 1893, 2 high courts having appellate jurisdiction over criminal cases outsided the
territorial jurisdiction of the audiencia of Manila were established: Audiencias de lo Criminal de
Cebu and the Audiencia de lo Criminal de Vigan
4. Alcaldes-Mayores (Courts of First Instance) or correigdor
- Alcalde mayor in pacified areas and correigdor in unpacified
- Exercised judicial powers in the provinces and had jurisdiction in the first instance over both
civil cases and in most criminal matters
- Gave judgment on civil cases in which the amount of property or other interest involved
exceeded 200 pesos or 1K pesetas (currency of spain from 1868-2002)
- Acted as appellate judge for suits originating from the gobernadorcillo
5. Gobernadorcillos (Justice of the Peace Courts)
- The base of the judicial structures was the gobernadorcillo who governed the town/pueblo or
known as the local judges in their respective pueblo/municipalities
- Had jurisdiction over all the civil cases arising among Indios, Chinese mestizos, and Chinese
involving small sums (not more than 44 pesos) and to minor offenses the penalty for which did
not exceed sentences of 10 days imprisonment or fines of 5 pesos)
- Appointed by governor-general on the recommendation of the president of the audiencia of
manila and such appointments being given only to persons who were lawyers or had some
academic or profession title

*Special Courts

Narrate: In addition to the courts of ordinary jurisdiction mentioned, there were special tribunals in the
Philippines, which had their prototypes in the mother country and whose existence was largely due to
the centralized and theocratic character of the government administration, and to the privileges of
certain classes.

1. Ecclesiastical courts—had jurisdiction over all civil crimes and offenses committed by the clergy
or other persons having a sacerdotal character
 2. Army and Navy Courts—for military offenses including civil and criminal offenses affecting
soldiers and other persons having military privileges (abolished to ordinary courts by decree of
February 1, 1869)
3. Treasury court—for cases involving royal treasury including smuggling and contraband
(abolished to ordinary same decree)
4. Commercial Court—jurisdiction over all transactions, contracts, and other agreeements or
matters growing out of the commerce of the islands (vested to ordinary courst, same royal
decree)
5. Contentious Courts—to hear and decide complaints against the administration of the
government with final appeal to the council of state in spain
6. Probate court—for the adjudication of probate cases (abolished to judges of first instance by
decree of June 22, 1883)

Publications During the Spanish Period

Narrate: there are books containing the decisions of the Supreme Court of Spain upon which the present
Philippine civil and penal codes are based:

1. Jurisprudence Civil –in 224 volumes dealing with opinions rendered from November 3, 1838 to
April 3, 1936
2. Jurisprudence Criminal—in 136 volumes, covering decisions from September 30, 1870 to the
outbreak of war in 1936

The American Period

During the Philippine-American War, General Wesley Merrit suspended the audencias when a
military government was established after Manila fell to American forces in August, 1898. Major
General Elwell S. Otis re-established the Audencia on May 29, 1899 by virtue of General Order
No. 20, which provided for six Filipino members of the audencia.
With the establishment of civil government, Act No. 136 of the Philippine Commission abolished
the audencia and it replaced a new system modeled under the judicial system of the United States. It
provided that courts of justice shall be maintained in every province in the Philippines and judicial
powers of the Government of the Philippines shall be vested in a Supreme Court, Courts of First Instance
and justice of the peace (Vicente G. Sinco, Philippine Political Law p. 303)

The Philippine Bill of 1902 and the Jones Law of 1916 ratified the jurisdiction of the Courts vested by the
Act No. 136. It provided that Justices of the Supreme Court shall be appointed by the President of the
United States with the advice and consent of the Senate and Judges of the Court of First Instance shall
be appointed by the Civil Governor with the advice and consent of the Philippine Commission.

Act No. 136 established the present Supreme Court on June 11, 1901, with Cayetano Arellano as
the first chief justice together with associate justices who were the First Filipinos to sit in the
Supreme Court of the Philippines under American sovereignly together with American judges.
On June 11, 1901, the Second Philippine Commission passed Act No. 136 entitled “An
Act Providing for the Organization of Courts in the Philippine Islands” formally
establishing the Supreme Court of the Philippine Islands and creating Courts of First
Instance and Justices of the Peace Courts throughout the land. The judicial organization
established by the Act was conceived by the American lawyers in the Philippine
Commission and was patterned in its basic structures after similar organizations in the
United States.
The Audencias were suspended by General Wesley Merrit when a military government was established
after Manila fell to American forces in 1898. Major General Elwell S. Otis re-established the Audencia on
May 29, 1899 by virtue of General Order No. 20. Said Order provided for six Filipino members of
the Audencia . Act No. 136 abolished the Audencia and established the present Supreme Court on June
11, 1901 with Cayetano Arellano as the first Chief Justice together with associate justices, the majority of
whom were American. Filipinization of the Supreme Court started only during the Commonwealth, 1935.
Administrative Code of 1917 provided for a Supreme Court with a Chief Justice and eight associate
Justices. With the ratification of the 1935 Constitution, the membership was increased to 11 with two
divisions of five members each. The 1973 Constitution further increased its membership to 15 with two
(2) divisions.

Islands” formally establishing the Supreme Court of the Philippine Islands and creating
Courts of First Instance and Justices of the Peace Courts throughout the land. The
judicial organization established by the Act was conceived by the American lawyers in
the Philippine Commission and was patterned in its basic structures after similar
organizations in the United States.

Arrellano pic: https://www.geni.com/people/Cayetano-Arellano/6000000046922413834

Judiciary chart: https://www.officialgazette.gov.ph/images/uploads/Judiciary-chart-July-021-

596x745.jpg

The Judicial System at Present

-Philippine courts are all courts of both of law and equity and have jurisdiction over all civil, criminal, and
probate cases

a) Trial Courts of Limited Jurisdiction

- front lines: Metropolitan, Municipal, and Municipal Circuit Trial Courts with jurisdiction limited to civil
suits involving relatively smaller amounts of money and to minor violations of the criminal laws

-tribunals in which most of the controversies that occur in a community are heard and decided

-courts closest to the people

b) Trial Courts of General Jurisdiction

- Civil claim or criminal prosecution involves an amount of money or potential crime sentence
beyond the jurisdiction of the preceding must be filed and heard in this tier
 - Known as Regional Trial Courts (Courts of First Instance) for the 13 judicial regions in the
country

b.1 Sharia courts under Muslim code

- PD No. 1083 code of Muslim Personal Laws of the Philippines which recognizes the legal system of the
Muslims as part of the law of the land

c) Intermediate Appellate Court

-body that generally has exclusive appellate jurisdiction over the decisions of the RTC and other
quasi-judicial agencies
-sits in the City of Manilya
-consits of a Presiding Justice (Rodil Zalameda) and 68 associate justices which exercises its
power and duties through 23rd divsions each composed of 3 members

Special appellate courts:

1) Sandiganbayan- shall have 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 (basis: Article XIII of the 1973 Constitution)
 Sandiganbayan is presently composed of a Presiding Justice and fourteen (14)
Associate Justices who sit in five (5) Divisions of three Justices each in the trial
and determination of cases.
 Presiding Justice: Amparo M. Cabotaje-Tang
2) Court of Tax Appeals
 Hon. Roman G. Del Rosario
 Republic Act No. 9282, the jurisdiction of the CTA has been expanded to include not only civil
tax cases but also cases that are criminal in nature, as well as local tax cases, property taxes and
final collection of taxes
 The court consists of 8 Associate Justices and 1 Presiding Justice. The Court of Tax
Appeals is located at Agham Road, Diliman, Quezon City in Metro Manila.

Supreme Court:

 Court of last resort which determines with finality what the law is and should be
 composed of one Chief Justice and fourteen Associate Justices, all of whom are appointed by
the President from a list of recommendees presented by the Judicial and Bar Council and which
decides cases in divisions of 3 of five members except in certain cases where they sit in en banc
 power to review on appeal or certiorari final judgements and order of lower courts
  Chief Justice Lucas P. Bersamin

Sources:

https://www.ide.go.jp/English/Publish/Download/Als/05.html
; Dr. RAUL C. PANGALANGAN (Ed.) Dean, College of Law University of the Philippines March
2001, The Philippine Judicial System
http://sc.judiciary.gov.ph/387/

https://www.officialgazette.gov.ph/about/gov/judiciary/

https://www.nyulawglobal.org/globalex/Philippines1.html#_Toc414054151

The Philippine Judicial System / Ide Asian Law Series No. 5

https://www.ide.go.jp/English/Publish/Download/Als/05.html

Introduction
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