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 and all other territories which the Philippines has sovereignty or jurisdiction."

The Filipino culture was molded over more than a hundred ethnic groups consisting of 91% Christian Malay, 4% Muslim Malay, 1.5% Chinese and 3% others. As of the last national census, the population of the Philippines is 6.5 million.

Filipino is the national language (1987 Constitution, Art. XIV, sec. 6). However, Filipino and English are the official languages for the purpose of communication and instruction (Art. XIV, sec 7). There are several dialects or regional languages spoken throughout the different islands of the country, but there are eight major dialects, which include Bicolano, Ilongo, Pampango, Pangasinense and Waray.

There are two religions the country: Christianity and Islam. Christianity, more particularly Catholicism, is practiced by more than 80% of the population. It was introduced by Spain in 1521. The Protestant religion was introduced by American missionaries.

Aglipay, or the Philippine Independent Church, and the Iglesia ni Kristo are two Filipino independent churches. Other Christian religious organizations like the El Shaddai, and 'Jesus is Lord' have been established and have a great influence to the nation.

Religion has a great influence in the legal system of the Philippines. For the Muslim or Islamic religion, a special law, the Code of Muslim Personal Laws, was promulgated and special courts were established, the Shari'a courts.

2. Political Structure

The Constitution is the fundamental law of the land. Pursuant to the 1987 Constitution, duly ratified in a plebiscite held on February 2, 1987, the present political structure of the Philippines was defined.

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. 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 who exercises legislative functions by promulgating executive decrees, edicts or ordinances with the force of law. The royal Audencia, or Spanish Supreme Court, in the Philippines also exercised legislative functions when laws are passed in the form of autos accordados. Melquiades Gambao, in his book entitled " An Introduction to Philippine Law" (7th ed, 1969), listed the most prominent laws in this period: Fuero Juzgo, Fuero Real, Las Siete Partidas, Leyes de Toros, Nueva Recapilacion de las Leyes de Indias and the Novisima Recopilacion. Some of these laws were also in force in other Spanish colonies. Laws in force at the end of the Spanish rule in 1898 are as follows: Codigo Penal de 1870, Ley Provisional para la Aplicaciones de las Dispociciones del Codigo Penal en las Islas Filipinas, Ley de Enjuciamento Criminal, Ley de Enjuciameniento Civil, Codigo de Comercio, Codigo Civil de 1889, Ley Hipotecaria, Ley de Minas, Ley Notarial de 1862, Railway Law of 1877, Law of Foreigners for Ultramarime Provinces and the Code of Military Justice. Some of these laws remained in force even during the early American period and/or until Philippine laws were promulgated.

In between the Spanish and the American period is what Philippine historians consider the first Philippine Republic. This was when General Emilio Aguinaldo proclaimed the Philippine Independence in Kawit , Cavite on June 12, 1898. The Malolos Congress also known as Assembly of the Representatives, which can be considered as revolutionary in nature, was convened on September 15, 1898. The first Philippine Constitution, the Malolos Constitution was approved on January 20, 1899. A Republic, although with de facto authority, was in force until the start of the American Sovereignty when the Treaty of Paris was signed on December 10, 1898.

c) American period (1898-1946)

The start of this period can be traced from the time Spain ceded the Philippines to the United States after the signing of the Treaty of Paris on December 10, 1898. A Military government was organized with the military governor as the chief executive exercising executive, legislative and judicial functions. Legislative function was transferred to the Philippine Commission in 1901 which was created by the United States President as commander-in-chief of the Armed forces and later ratified by the Philippine Bill of 1902. This same Bill provided for the establishment of the First Philippine Assembly which convened on October 16, 1907. The Jones law provided for the establishment of a bicameral legislative body on October 16, 1916, composed of the Senate and the House of Representatives.

The United States Constitution was recognized until the promulgation of the Philippine Constitution on February 8, 1935, signed by U.S. President Franklin Delano Roosevelt on March 23, 1935 and ratified at a plebiscite held on May 14, 1935.

The organic laws that governed the Philippines during this period were: President McKinley's Instruction to the Second Philippine Commission on April 7, 1900; Spooner Amendment of 1901; Philippine Bill of 1902; Jones Law of 1916 and the Tydings McDuffie Law of May 1, 1934. The later law is significant for it allowed the establishment of a Commonwealth government and the right to promulgate its own Constitution. The 1935 Constitution initially changed the legislative system to a unicameral system. However, the bicameral system was restored pursuant to the 1940 Constitutional amendment. The Commonwealth government is considered as a transition government for ten years before the granting of the Philippine independence. Cayetano Arellano was installed as the first Chief Justice in 1901. The majority of the Justices of the Philippine Supreme Court were Americans. Decisions rendered by the Supreme Court of the Philippines were appealed to the United States Supreme Court, which were reported in the United States Supreme Court Reports.

Manuel L. Quezon and Sergio Osmena were elected as President and Vice-President respectively during the September 14, 1935 elections. In this election, President Quezon won over General Emilio Aguinaldo and Bishop Gregorio Aglipay, the President of the First Philippine Republic (1898) and the head of the Aglipayan church respectively. This Commonwealth government went into exile in Washington DC during the Japanese period from May 13, 1942 to October 3, 1944. President Manuel L. Quezon died on August 1, 1944 and was succeeded by President Sergio Osmena who brought back the government to Manila on February 28, 1945.

d). Japanese period (1941-1944)

The invasion of the Japanese forces when Clark Field, an American military airbase in Pampanga, was bombed on December 8, 1941, marked the start of the Japanese period which lasted for three years. A Japanese Republic was established with Jose P. Laurel as its President. This period was considered as a military rule by the Japanese Imperial Army. The 1943 Constitution was ratified by a special national convention of the Kapisanan sa Paglilingkod ng Bagong Pilipinas (KALIBAPI). This period ended in 1944 with the defeat of the Japanese forces.

e). Republic period (1946-1972)

July 4, 1946 is 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 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 approval of Republic Act No. 6132 where 310 delegates were elected on November 10, 1970. On June 1, 1971, the Constitutional Convention met. While it was still in session, President Ferdinand E. Marcos declared Martial Law on September 11, 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 Congress of the Philippines was abolished when Martial Law was declared on September 1 1, 1972. The Martial Law period was governed by the 1973 Constitution which established a parliamentary form of government. Executive and legislative power 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 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.

Proclamation No. 2045 (1981) lifted Martial Law and abolished Military 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 Batasang Pambansa.

Impeachment resolution by 57 members of the opposition were filed against President Marcos but were 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. However the Batasang Pambansa declared that Ferdinand E. Marcos and Arturo M. Tolentino won over Corazon Aquino and Salvador Laurel as President and Vice-President respectively. 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 President and Vice President of the Philippine Republic on February 25, 1986. Proclamation No. 1 was promulgated where in she and her Vice President took power in the name and by the will of the Filipino people. Proclamation No. 3 (1986) provided for a new government and a Provisional Constitution or Freedom Constitution was adopted. A Constitutional Commission was constituted by virtue of Article V of the Provisional Constitution and Proclamation No. 9. 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 number of Republic Acts continued from the number last used before Martial Law (Republic Act No. 6635 (1972) and Republic Act No. 6636 (1987).

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.

3.1 Executive Branch

The President is vested with the executive power. (Art. VII, sec. 1). The President is both the Chief of State (head of government) and the Commander-in-Chief of all the Armed Forces of the Philippines (Art. VII, sec. 18). Since 1898 when the First Philippine Republic was established, the Philippines has had thirteen (13) Presidents.

The other members of the Executive Branch are the Vice-President and the Heads of Executive Departments or Cabinet members.

The following are the Departments under the Executive Branch:

There are specific bureaus and offices directly under the Office of the President.

Both the President and the Vice-President are elected by direct vote of the Filipino people for a term of six years. The President is not eligible for a reelection while the Vice President cannot serve for more than two terms. Congress is empowered to promulgate rules in the canvassing of certificates of election. Both may be removed from office by impeachment (Art. XI sec. 2) to be initiated by the House of Representatives (Art. XI, sec, 3) and tried and decided by the Senate (Art. XI, sec, 3 (6)). The Cabinet members are nominated by the President, subject to the confirmation of the Commission on Appointments (Art. VII, sec, 16) which consists of the President of the Senate, as ex officio Chairman, twelve Senators and twelve members of the House of Representatives. (Art. VI, sec. 1)

The President exercises control over all the executive departments, bureaus and offices (Art. VI, sec, 17).

3.2 Legislative Department

Legislative power is vested in the Congress of the Philippines, consisting of the Senate and the House of Representatives (Art. VI, sec. 1). History has provided that the legislative structure has undergone numerous changes. To better appreciate its transition, the Philippine Senate has provided a detailed account and is found on its website.

Senate of the Philippines

The Senate is composed of twenty four (24) Senators who are elected at large by qualified voters who serve for a term of not more than six (6). No Senator may be elected for more than two consecutive terms. (Art VI, sec. 4). The Senate is led by the Senate President, Pro Tempore, Majority Leader and the Minority Leader. The Senate President is elected by majority vote of its members. There are thirty six (36) permanent committees and five (5) oversight committees. The sole judge of contests relating to election, returns and qualifications of members of the Senate rests with the Senate Electoral Tribunal (SET) which is composed of nine members, three of whom are Justices of the Supreme Court and six members of the Senate. (Art. VI, sec. 17).

House of Representatives

The House of Representatives is composed of not more than two hundred fifty (250) members, elected by legislative districts for a term of three years No representative shall serve for more than three consecutive terms. The party-list representatives, who come from registered national, regional and sectional parties and organizations, shall constitute twenty percent (20%) of the total number of representatives. The officials of the House are the Speaker of the House, Deputy Speaker for Luzon, Deputy Speaker for Visayas, Deputy Speaker for Mindanao, Majority Leader, and Minority Leader. The Speaker of the House is elected by majority vote of its members. There are fifty seven (57) standing committees and sixteen (16) special committees. The sole judge of contests relating to election, returns and qualifications of members of the House of Representatives rests with the House of Representatives Electoral (HRET) Tribunal which is composed of nine members, three of whom are Justices of the Supreme Court and six members of the Senate.(Art. VI, sec. 17).

3.3 Judicial System

SOURCE: 2002 Revised Manual of Clerks of Court. Manila, Supreme Court, 2002;. Organizational Chart of each type of Court is available in this Manual. Organizational set-up of each Court is also found in this Manual.

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 autonomy. Its appropriation may not be reduced by the legislature below the appropriated amount the previous year (Art. VIII, sec. 2). The Rules of Court of the Philippines as amended and the rules and regulations issued by the Supreme Court define the rules and procedures of the Judiciary. These rules and regulations are in the form of Administrative Matters, Administrative Orders, Circulars, Memorandum Circulars, Memorandum Orders and OCA Circulars. To inform the members of the Judiciary, legal profession and the public of these rules and regulations, the Supreme Court circularizes this rules and regulations to all courts, publishes important ones in newspapers of general circulation, prints in book or pamphlet form and now downloads them in the Supreme Court website.

Department of Justice Administrative Order No. 162 dated August 1, 1946 provided for the Canon of Judicial Ethics. Supreme Court of the Philippines promulgated a new Code of Judicial Conduct for the Philippine Judiciary effective June 1, 2004 (A.M. No. 03-05-01-SC), published in two newspapers of general circulation on May 3, 2004 (Manila Bulletin & Philippine) and available on its website.

The Supreme Court promulgated on June 21, 1988 the Code of Professional Responsibility for the legal profession. The draft was prepared by the Committee on Responsibility, Discipline and Disbarment of the Integrated Bar of the Philippines.

A Code of Conduct for Court Personnel (A.M. No. 03-06-13-SC) was adopted on April 13, 2004, effective June 1, 2004, published in two newspapers of general circulation on April 26, 2004 (Manila Bulletin & Philippine) and available at its website.

Supreme Court of the Philippines

The Royal Audencia was established on May 5, 1583. It was re-established as the present Supreme Court on June 11, 1901 with Cayetano Arellano as the first Chief Justice and 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.

Pursuant to the provisions of the 1987 Constitution, the Supreme Court is composed of a Chief Justice and fourteen Associate Justices who shall serve until the age of seventy (70). The Court may sit En Banc or in its three (3) divisions composed of five members each. A vacancy must be filled up by the President within ninety (90) days of occurrence.

Article VIII, sec. 4 (2) explicitly provides for the cases that must be heard En Banc and sec. 4 (3) for cases that may be heard by divisions. (Constitution, Art. VIII, sec. 4, par.1) Judiciary Reorganization Act of 1980 transferred from the Department of Justice to the Supreme Court the administrative supervision of all courts and their personnel. This was affirmed by Art. VIII, sec. 6 of the 1987 Constitution.

Constitution, Art. VIII, sec. 5, The Supreme Court exercises the following powers:

Exercise jurisdiction over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus.
Review, revise, reverse, modify, or affirm on appeal or certiorari, as the law or the Rules of Court may provide final judgments and orders of lower courts in:

All cases ion which the constitutionality or validity of any treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question.
All cases involving the legality pf any tax, impost, assessment, or toll, or any penalty imposed in relation thereto.
All cases in which the jurisdiction of any lower court is in issue.
All criminal cases ion which the penalty imposed is reclusion perpetua or higher.
All cases in which only an error or question of law is involved.

Assign temporarily judges of lower court to other stations as public interest may require. Such temporary assignment shall not exceed six months without the consent of the judge concerned.
Order a change of venue or place of trial to avoid a miscarriage of justice.
Promulgate rules concerning the protection and enforcement of constitutional rights, pleading, practice, and procedure in all courts, the admission to the practice of law, the Integrated Bar, and legal assistance to the underprivileged. Such rules shall provide a simplified and inexpensive 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.)

The Judicial and Bar Council was created by virtue of 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.

Court of Appeals

Commonwealth Act No. 3 (December 31, 1935), pursuant to the 1935 Constitution (Art VIII, sec. 1), established the Court of Appeals. It was formally organized on February 1, 1936, 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. It was abolished by President Osmena in 1945, pursuant to Executive Order No. 37. However, it was re-established on October 4, 1946 by virtue of Republic Act No. 52 with a Presiding Justice and fifteen (15) Associate Justices. Its composition was increased by the following enactments: Republic Act No. 1605 to eighteen (18); Republic Act No. 5204 to 24; Presidential Decree No. 1482 to one Presiding Justice and thirty four (34) Associate Justices; Batas Pambansa Blg. 129 to 50; Republic Act No. 8246 to 69. With Republic Act No. 8246, the Court of Appeals in Cebu, and Cagayan de Oro were established.

Section 9 of Batas Pambansa Blg. 129 as amended by Executive Order No. 33 and Republic Act No. 7902 provides for the jurisdiction of the Court of Appeals as follows:

Original jurisdiction to issue writs of mandamus, prohibition, certiorari habeas corpus, and quo warrant, and auxiliary writs or processes, whether or not in aid of its appellate jurisdiction;
Exclusive original jurisdiction over actions for annulment of judgment of Regional Trial Courts; and
Exclusive appellate jurisdiction over all final judgments, decisions, resolutions, orders or awards of Regional Trial Courts and quasi-judicial agencies, instrumentalities, boards or commissions, including the Securities and Exchange Commission, the Social Security Commission, the Employees Compensation Commission and the Civil Service Commission, except those falling within the appellate jurisdiction of the Supreme Court in accordance with the Constitution, the Labor Code of the Philippines under Presidential Decree No. 442, as amended, the provisions of this Act, and of subparagraph (1) of the third paragraph and subparagraph (4) of the fourth paragraph of Section 17 of the Judiciary Act of 1948.

Regional Trial Courts

They are called the second level courts and are divided into thirteen (13) judicial regions: National Capital Region (Metro Manila) and the twelve (12) regions of the country, which are divided into several branches. The jurisdictions are defined in sec. 19-23 of Batas Pambansa Blg 129 as amended by Republic Act No. 7671. The Supreme Court designates certain branches of regional trial courts as special courts to handle exclusively criminal cases, juvenile and domestic relations cases, agrarian cases, urban land reform cases which do not fall under the jurisdiction of quasi-judicial bodies. The Supreme Court may likewise designate specific branches as special courts for heinous crimes, dangerous drugs cases, commercial courts and intellectual property rights violations. Some branches of the Regional Trial Courts have been designated as family courts because the family courts to be established pursuant to Republic Act No. 8369 of the Family Court Law of 1997 have not yet been organized.

The Regional Trial Courts' jurisdictions are defined as follows:

Exercise exclusive original jurisdiction in Civil Cases as follows:

All civil actions in which the subject of the litigation is incapable of pecuniary estimation;
All civil actions which involve the title to, or possession of real property, or any interest therein, where the assessed value of the property involved exceeds twenty thousand pesos (P 20,000.00) or, civil actions in Metro Manila, where such value exceeds Fifty thousand pesos (P 50,000.00) except actions for forcible entry into and unlawful detainer of lands or buildings, original jurisdiction over which is conferred upon the MeTCs, MTCs, and MCTCs;
All actions in admiralty and maritime jurisdiction where the demand or claim exceeds one hundred thousand pesos (P 100,000.00) or, in Metro Manila, where such demand or claim exceeds two hundred thousand pesos (P 200,000.00);
All matters of probate, both testate and intestate, where the gross value of the estate exceeds One hundred thousand pesos (P 100,000.00) or, in probate matters in Metro Manila, where such gross value exceeds Two hundred thousand pesos (P 200,000.00);
All actions involving the contract of marriage and marital relations;
All cases not within the exclusive jurisdiction of any court, tribunal, person or body exercising judicial or quasi-judicial functions;
All civil actions and special proceedings falling within the exclusive original jurisdiction of a Juvenile and Domestic Relations Court and of the Court of Agrarian Relations as now provided by law; and
All other cases in which the demand, exclusive of interest, damages of whatever kind, attorney's fees, litigation expenses and costs or the value of the property in controversy exceeds One hundred thousand pesos (P 100,000.00) or, in such other cases in Metro Manila, where the demand, exclusive of the above-mentioned items exceeds Two hundred pesos (P 200,000.00) (Sec. 19, Batas Pambansa Blg. 129, as amended by R.A No. 7691).

Exercise original jurisdiction in other cases as follows:

The issuance of writs of certiorari, prohibition, mandamus, quo warranto, habeas corpus, and injunction which may be enforced in any part of their respective regions; and
Actions affecting ambassadors and other public ministers and consuls.

They shall exercise appellate jurisdiction over MeTCs, MTCCs, MTCs, and MCTCs in their respective territorial jurisdiction.

Metropolitan Trial Courts (MeTC), Municipal Trial Courts in Cities (MTCC), Municipal Trial Courts (MTC) and Municipal Circuit Trial Courts (MCTC)

These are called the first level courts established in each city and municipality. Their jurisdiction is provided for by section 33, 35 of Batas Pambansa Blg 129. Their jurisdiction has been expanded by special laws.

MeTCs, MTCCs, MTCs, and MCTCs shall exercise original jurisdiction in Civil Cases as provided for in section 33 of Batas Pambansa Blg. 129 is as follows:

Exclusive original jurisdiction over civil actions and probate proceedings, testate and intestate, including the grant of provisional remedies in proper cases, where the value of the personal property, estate or amount of the demand does not exceed One hundred thousand pesos (P 100,000.00) or, in Metro Manila where such personal property, estate or amount of the demand does not exceed Two hundred thousand pesos (P 200,000.00), exclusive of interests, damages of whatever kind , attorneys fees, litigation expenses, and costs the amount of which must be specifically alleged: Provided, That interests, damages of whatever kind, attorney's fees, litigation expenses and costs shall be included in the determination of the filing fees. Provided further, That where there are several claims or causes of action between the same or different parties embodied in the same complaint, the amount of the demand shall be the totality of the claims in all the causes of action arose out of the same or different transactions;
Exclusive original jurisdiction over cases of forcible entry and unlawful detainer: Provided, That when, in such cases, the defendant raises the question of ownership in his pleadings and the question of ownership in his pleadings and the question of possession cannot be resolved without deciding the issue of ownership, the issue of ownership shall be resolved only to determine the issue of possession; and
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, attorney's 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.

Sandiganbayan

The Anti-Graft Court, or Sandiganbayan, was created to maintain integrity, honesty and efficiency in the bureaucracy and weed out misfits and undesirables in government service (1973 Constitution (Art. XIII, sec. 5) and 1987 Constitution (Art. XI, sec. 4)). It was restructured by Presidential Decree No. 1606 as amended by Republic Act No. 8249. It is composed of a Presiding Justice and fourteen (14) Associate Justices still in five Divisions of three (3) Justices each.

Court of Tax Appeals

Created by Republic Act No. 1125 on June 16, 1954, it serves as an appellate court to review tax cases. Under Republic Act No. 9282, it now enjoys the same level as the Court of Appeals. This law has doubled its membership; from three to six justices and has expanded its jurisdiction.

The Court of Tax Appeals has exclusive appellate jurisdiction to review by appeal the following:

Decisions of the Commissioner of Internal Revenue in cases involving disputed, assessments, refunds of internal revenue taxes, fees or other charges, penalties imposed in relation thereto, or other matters arising under the National Internal Revenue Code or other laws administered by the Bureau of Internal Revenue;
In actions of the Commissioner of Internal Revenue in cases involving disputed assessments, refunds of internal revenue taxes, fees or other charges, penalties in relation thereto, or other matters arising under the National Internal Revenue Code or other laws administered by the Bureau of Internal Revenue, where the National Internal Revenue Code provides a specific period of action, in which case the inaction shall be deemed a denial;
Decisions, orders or resolutions of the Regional Trial Courts in local tax cases originally decided or resolved by them in the exercise of their original or appellate jurisdiction;
Decisions of the Commissioner of Customs in cases involving liability for customs duties, fees, or other money charges; seizure, detention or release of property affected; fines, forfeitures or other penalties imposed in relation thereto; or other matters arising under the Customs Law or other laws administered by the Bureau of Customs.
Decisions of the Central Board of Assessment Appeals in the exercise of its appellate jurisdiction over cases involving the assessment and taxation of real property originally decided by the provincial or city board of assessment appeals;
Decisions of the Secretary of Finance on customs cases elevated to him automatically for review from decisions of the Commissioner of Customs which are adverse to the Government under Section 2315 of the Tariff and Customs Code;
Decisions of the Secretary of Agriculture in the case of nonagricultural product, commodity or article, and the Secretary of Agriculture in the case of agricultural product, commodity or article, involving dumping and countervailing duties under Section 301 and 302, respectively, of the Tariff and Customs Code, and safeguard measures under R.A. No. 8800, where either party may appeal the decision to impose or not to impose said duties.

It also has jurisdiction over cases involving criminal offenses as herein provided:

Exclusive original jurisdiction over all criminal offenses arising from violations of the National Internal Revenue Code or Tariff and Customs Code and other laws administered by the Bureau of Internal Revenue or the Bureau of Customs: Provided, however, That offenses or felonies mentioned in this paragraph where the principal amount of taxes and fees, exclusive of charges and penalties, claimed is less than One million pesos (P 1,000,000.00) or where there is no specified amount claimed shall be tried by the regular Courts and the jurisdiction of the CTA shall be appellate. Any provision of law or the Rules of Court to the contrary notwithstanding, the criminal action and the corresponding civil action for the recovery of civil liability for taxes and penalties shall at all times be simultaneously instituted with, and jointly determined in the same proceeding by, the CTA the filing of the criminal action being deemed to necessarily carry with it the filing of the civil action, and no right to reserve the filing of such action separately form the criminal action will be recognized.
Exclusive appellate jurisdiction in criminal offenses:

Over appeals from judgments, resolutions or orders of the Regional Trial Courts in tax collection cases originally decided by them, in their respective territorial jurisdiction.
Over petitions for review of the judgments, resolution or orders of the RTCs in the exercise of their appellate jurisdiction over tax collection cases originally decided by the MeTCs, MTCs and MCTCs, in their respective jurisdiction.

Shari'a 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, 155 of Presidential Decree No. 1083 provides the jurisdiction of the said courts as follows:

Shari'a District 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 aggregate value of the property.
Petitions for the declaration of absence and death and for the cancellation or correction of entries in the Muslim Registries mentioned in Title VI of Book Two of the Code;
All actions arising from customary contracts in which the parties are Muslim, if they did not specified which law shall govern their relations; and
All petitions for mandamus, prohibition, injunction, certiorari, habeas corpus, and all other auxiliary writs and processes in aid of its appellate jurisdiction.

The SDC in concurrence with existing civil courts shall have original jurisdiction over the following cases (paragraph (2) of Article 143):

Petitions by Muslims for the constitution of family home, change of name and commitment of an insane person to any asylum:
All other personal and real actions not mentioned in paragraph (1) (d) wherein the parties involved are Muslims except those for forcible entry and unlawful detainer, which shall fall under the exclusive original jurisdiction of the MTCs;
All special civil actions for interpleader or declaratory relief wherein the parties are Muslims or the property involved belongs exclusively to Muslims.

Article 144 of Presidential Decree No. 1083 provides that the SDC within shall have appellate jurisdiction over all cases tried in the Shari'a Circuit Courts (SCC) within their territorial jurisdiction.

Article 155 of Presidential Decree No. 1083 provides that the SCCs have exclusive original jurisdiction over:

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 (mut'a); and
Restitution of marital rights.

· All cases involving disputes to communal properties.

Rules of procedure are provided for in articles 148 and 158. En Banc Resolution of the Supreme Court in 183, provided the special rules of procedure in the Shari'a courts (Ijra-at-Al Mahakim Al Sharia'a)

Shari'a courts and personnel are subject to the administrative supervision of the Supreme Court. Appointment of judges, qualifications, tenure, and compensation are subject to the provisions of the Muslim Code (Presidential Decree 1083. SDCs and SCCs have the same officials and other personnel as those provided by law for RTCs and MTCs respectively.

Quasi-Courts or Quasi-Judicial Agencies

Quasi-judicial agencies are administrative agencies, more properly belonging to the Executive Department, but are empowered by the Constitution or statutes to hear and decide certain classes or categories of cases.

Quasi-judicial agencies empowered by the Constitution are the Constitutional Commissions: Civil Service Commission, Commission on Elections and the Commission on Audit.

Quasi-judicial agencies empowered by statutes are: Office of the President. Department of Agrarian Reform, Securities and Exchange Commission, National Labor Relations Commission, National Telecommunication Commission, Employees Compensation Commission, Insurance Commission, Construction Industry Arbitration Commission, Philippine Atomic Energy Commission, Social Security System, Government Service Insurance System, Bureau of Patents, Trademark and Technology, National Conciliation Mediation Board, Land Registration Authority, Civil Aeronautics Board, Central Board of Assessment Appeals, National Electrification Administration, Energy Regulatory Board, Agricultural Inventions Board and the Board of Investments.

Decisions of these quasi-courts can be appealed to the Court of Appeals except those of the Constitutional Commissions: Civil Service Commission, Commission on Elections and the Commission on Audit, which can be appealed by certiorari to the Supreme Court (Art. IX-A, sec. 7)

Others

Katarungang Pambarangay - Presidential Decree No. 1508, or the Katarungang Pambarangay Law, took effect December 11, 1978, and established a system of amicably settling disputes at the barangay level. Rules and procedures were provided by this decree and the Local Government Code, Title I, Chapter 7, sec. 339-422). This system of amicable settlement of dispute aims to promote the speedy administration of justice by easing the congestion of court dockets. The Court does not take cognizance of cases filed if they are not filed first with the Katarungang Pambarangay.

Alternative Dispute Resolution System - Republic Act No. 9285 institutionalized the use of an alternative dispute resolution system which serves to promote the speedy and impartial administration of justice and unclog the court dockets. This act shall be without prejudice to the adoption of the Supreme Court of any ADR system such as mediation, conciliation, arbitration or any combination thereof. The Supreme Court by virtue of an En Banc Resolution dated October 16, 2001 (Administrative Matter No. 01-10-5-SC-PHILJA), designated the Philippine Judicial Academy as the component unit of the Supreme Court for court-referred or court-related mediation cases and alternative dispute resolution mechanism and establishing the Philippine Mediation Center. Muslin law provides its own arbitration Council called The Agama Arbitration Council.

3.4 Constitutional Commissions

Civil Service Commission - Act No. 5 (1900) established the Philippine civil service and was reorganized as a Bureau in 1905. It was established in the 1935 Constitution. Republic Act No. 2260 (1959) converted it from a Bureau into the Civil Service Commission. Presidential Decree No. 807 further redefined its role. Its present status is provided for in the 1987 Constitution, Art. IX-B and reiterated by the provision of the 1987 Administrative Code (Executive Order No. 292).

Commission on Elections - It is the constitutional commission created by a 1940 amendment to the 1935 Constitution whose primary function is to manage to maintain its authority and independence in the conduct of elections. The COMELEC exercises administrative, quasi-judicial and judicial powers. Its membership increased to nine with a term of nine years by the 1973 Constitution. It was however decreased to seven with a term of seven years without re-appointment by the 1987 Constitution.

Commission on Audit - Article IX, sec, 2 of the 1987 Constitution provided the powers and authority of the Commission on Audit, which is to examine, audit and settle all accounts pertaining to the revenue and receipts of and expenditures or uses of funds and property owned or held in trust by or pertaining to the Government including government owned and controlled corporations with original charters.

3.5 Local Governments

Article X, of the 1987 Constitution provides for the territorial and political subdivisions of the Philippines as follows: province, cities, municipalities and barangays. The 1991 Local Government Code or Republic Act No. 7160 provides the detail that implements the provision of the Constitution. The officials, namely, the governor, city mayor, city vice mayor, municipal mayor, municipal vice-mayor and punong barangay are elected by their respective units. (1991 Local Government Code, Title II, Chapter 1, sec. 41 (a)). The regular members of the sangguniang panlalawigan (for the province), sangguniang panglunsod (for cities), sangguniang bayan (municipalities) are elected by districts while the sangguniang barangay are elected at large.

Each territorial or political subdivision enjoys local autonomy as defined in Constitution. The President exercises supervision over local Governments.

Each region is composed of several provinces while each province is composed of a cluster of municipalities and component cities (Local Government Code, Title IV, Chapter 1, sec. 459) Provincial government is composed of the governor, vice-governor, members of the sangguniang panlalawigan and other appointed officials

The city consists of more urbanized and developed barangays which are created, divided, merged, abolished or its boundary altered by law or act of Congress, subject to the approval of majority votes cast in a plebiscite conducted by the Comelec (Local Government Code, Title III, Chapter 1, sec. 448-449). A City may be classified either as a component or highly urbanized. The city government is composed of the mayor, vice-mayor, members of the sangguniang panlunsod (which is composed of the president of the city chapter of the liga ng mga barangay, president of the panlungsod ng mga pederasyon ng mga sangguniang kabataan and the sectoral representatives) and other appointed officials..

The municipality consists of a group of barangays which is created, divided, merged, abolished or its boundary altered by law or act of Congress, subject to the approval of majority votes casts in a plebiscite conducted by the Comelec (Local Government Code, Title II, Chapter 1, sec. 440-441). The municipal government is composed of the mayor, vice-mayor, sangguniang members (which is composed of president of the municipal chapter of the liga ng mga barangay, president of the pambayang pederasyon ng mga sangguniang kabataan and the sectoral representatives) and other appointed officials..

The Barangay is the smallest local government unit which is created, divided, merged, abolished or its boundary altered by law or by an ordinance of the sangguniang panlalawigan or sangguniang panlunsod, subject to the approval of majority votes casts in a plebiscite conducted by the Comelec (Local Government Code, Title I, Chapter 1, sec. 384-385)

The Philippines is divided into the following local government units:

3.6 Other Government Agencies

Commission on Human Rights - The Commission on Human Rights was created as an independent office for cases of violation of the human rights (Art. XIII, sec. 17). Specific powers and duties are expressly provided for by section 18 of the 1987 Constitution. It is composed of a Chairman and four (4) members.

Office of the Ombudsman - The 1987 Constitution explicitly provides that Ombudsman and his deputies are called the protectors of the people for they are tasked to act promptly on complaints filed against public officials or employees of the government including government owned and controlled corporations (Art. XI, sec. 12) Its powers, duties and functions are provided for in section 13. Republic Act No. 6770, sec, 15 provides that the Ombudsman shall give priority to complaints filed against high ranking government officials and those occupying supervisory positions.

The President, Vice President, members of the Supreme Court, Constitutional Commission and the Ombudsman may be removed from office by impeachment for conviction of violations of the Constitution, treason, bribery, graft and corruption, other high crimes or betrayal of public trust. (Art. XI, sec. 2). The House of Representatives has the exclusive power to initiate (Art. XI, sec. 3 (1)) while the Senate has the sole power to try and decide impeachments cases (Art. XI, sec. 3(6)). All other public officials and employees may be removed by law (Art. XI, sec. 2 the Civil Service Law).

4. Legal System

4.1 Nature of the Philippines Legal System

The Philippine legal system may be considered as a unique legal system because it is a blend of civil law (Roman), common law (Anglo-American), muslim (Islamic) law and indigenous law.

4.2 Sources of Law

There are two primary sources of the law:

Statutes or statutory law - Statutes are defined as the written enactment of the will of the legislative branch of the government rendered authentic by certain prescribed forms or solemnities are more also known as enactment of congress. Generally they consist of two types, the Constitution and legislative enactments.

In the Philippines, statutory law includes constitutions, treaties, statutes proper or legislative enactments, municipal charters, municipal legislation, court rules, administrative rules and orders, legislative rules and presidential issuance.

Jurisprudence - or case law - is cases decided or written opinion by courts and by persons performing judicial functions. Also included are all rulings in administrative and legislative tribunals such as decisions made by the Presidential or Senate or House Electoral Tribunals. Only decisions of the House of Representatives Electoral Tribunal are printed as House of Representatives Electoral Tribunal Reports, volume 1 (January 28, 1988-October 3, 1990) to present. They will be available electronically at the Supreme Court E-Library.
For Muslim law, the primary source of Shariah are Quran, Sunnaqh, Ijma and Qiyas. Jainal D. Razul in his book Commentaries and Jurisprudence on the Muslin Law of the Philippines (1984) further stated there are new sources of law, which some jurists rejected such as Istihsan or juristic preference; Al-Masalih, Al Mursalah or public interest; Istidlal (custom) and Istishab. (deduction based on continuity or permance).

Classification of Legal Sources

Primary Authority is the only authority that is binding on the courts.

Classification by Authority

"Authority is that which may be cited in support of an action, theory or hypothesis." Legal of materials primary authority are those that contain actual law or those that contain law created by government. Each of the three branches of government, Legislative, Executive and Judiciary, promulgates laws.

The legislature promulgates statutes, namely: Act, Commonwealth Act, Republic Acts, Batas Pambansa. 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 Pres. Marcos during Martial Law and Executive Orders issued by Pres. Aquino before the opening Congress in July 1987 can be classified as legislative acts, there being no legislature during these two periods.

Primary Authority or sources may be further subdivided into the following:

Mandatory primary authority is law created by the jurisdiction in which the lawyer operates like the Philippines;
Persuasive mandatory authority is law created by other jurisdictions but which have persuasive value to our courts e.g. Spanish and American laws and jurisprudence. These sources as used specially when there are no Philippine authorities available or when the Philippine statute or jurisprudence under interpretation is based on either the Spanish or American law;

It is in this regard that the collections of law libraries in the Philippines include United States court reports, West's national reporter system, court reports of England and international tribunal, important reference materials such as the American Jurisprudence, Corpus Juris Secundum Words and Phrases and different law dictionaries. Some of these law libraries subscribe to the Westlaw and/or Lexis. The Supreme Court , University of the Philippines, University of Santo Tomas and a number of prominent law libraries also have a Spanish collection where a great number of our laws originated.

Secondary authority or sources are commentaries or books, treatise, writings, journal articles that explain, discuss or comment on primary authorities. Also included in this category are the opinions of the Department of Justice or Securities and Exchange Commission. These materials are not binding on courts but they have persuasive effect and the degree of persuasiveness depend on the reputation of the author. These authors of good reputation are considered experts in the field e.g. Chief Justice Ramon C. Aquino and Justice Carolina Grino Aquino on Revised Penal Code or Criminal Law, Senator Arturo M. Tolentino on Civil law, Chief Justice Enrique M. Fernando and Fr. Joaquin Bernas on Constititional Law, Prof. Perfecto Fernandez on Labor Law, Vicente Francisco, Chief Justice Manuel Moran on Remedial Law, etc.

Classification by Source

It is important for legal research experts to know the source where the materials were taken. One has to determine whether they came from primary (official) sources or secondary (unofficial sources).

Primary sources "are those published by the issuing agency itself or the official repository, the Official Gazette. Thus for Republic Acts and other "laws" or statutes, the primary sources are the Official Gazette published by the National Printing Office and the Laws and Resolutions published by Congress. For Supreme Court decisions, the primary sources are the Philippine Reports, the individually mimeographed Advance Supreme Court decisions and the Official Gazette. Publication of Supreme Court decisions in the Official Gazette is selective. Complete court reports for Supreme Court decisions is the Philippine Reports.

The Secondary Sources are the unofficial sources and generally refer to those commercially published or those that are not published by government agencies or instrumentalities. Vital Legal Documents contains a compilation of Presidential Decrees (1973) to the present Republic Acts, published by Central Book Supply. Sulpicio Guevara published a compilation of all laws from 1901 to 1935 entitled Public Laws Annotated (7 vols.) and a compilation of laws from 1935-1945 entitled Commonwealth Acts Annotated (3vos.). Guevara has also published The Laws of the First Philippine Republic (The Laws of Malolos) 1898-1899. For t