Originality and universality are the main CHAPTER 1

characteristis of the work of great men in the field of law Preliminary Considerations
and, in fact, in all other fields of human endeavor.

Thnles, Phylhagoras, Hippocrates, Socrates, Aristotle,

Althimedes, Christ, Thomas Aquinas, Grotius, Galileo,
Phidins, Praxitelcs, Bach, Mozart, Shakcspcare, Paracelsus, "Nature - that is, biological evolution • has not man
Michaelangelo, Da Vinci, Columbus, Magellan, Kepler, to any specific environment... Among the animals tvhich
Newton, Cervantes. Invoisir, Rembrandt. Linneaus, Voltaire, scamper, fly, burrow, and swim amund us, is the only one
Darwin, Pasteur, Edison, Nikola, Tesla, Mendel, Faraday,
who is not locked into hrs environment imagination, his
Madam Curie, Rizal, Gandhi, Brandeis, Franklin Delano
reason, his emotional subtlety ard toughness, make it
Roosevelt, Einstein, are among the towering figures Of
possible for him not to accept the envtmnment hut to Change
humanity because, by their initiative, creative genius,
it. And that series of inventions is a Of evolution - nol
redoubtable courage, high ideals and foresight, they have
biological. but cultural evolution. that brilliant sequence
contributed something original and Of widespread or
ofcultural peaks.
universal effecs in their respective spheres of activity.

— Jacob Bronotuski
They are the pathfinders, the trail blazers, the leaders
that discovered new worlds and opened new horizons to
mankind. One of them is Justice Holmes who was known as
the "Great Dissenter," because his legal ideas happened to be
too far advanced to be understood and followed in the stage
of legal development Of his time.
Philosophy and The LaW
— Vargas vs. Rilloraza,
80 Phil., 297, February 26, 1948 There is a natural a ership between philosophy and the
law Philoso h •s tn(t+tnsihve nature intertwined with the law's
pen makes for a veritable combinatton, — rigidity tempered by
dynamism.

Throughout the years. there has been an insatiable

attenfpt'tO d?scover the true nature of law using tools
borrowed from a very inquisitive discipline, known to most as
philosophy. Though at first glance, philosophy may more
often than not delve into the mysteries of knowledge and its
acquisition and application. It has, at so many point Of our
history, taken a gander at the nature of law, its concept, its
application and more importantly its compulsory power to
make people obey.
 1 it should be borne in mind that the zeal and diligence
Niationship between law and of the courts in this respect should be exercised and displayed in
accordance with the legal standards, recognizing everybody's right
philosophy at best. Philosophy to make use of all means afforded him by the because it is secured by
with its range 01 the constitutional guarantee of and the end does not justify the
means and
has fruit in mote ways than we can imagine.
2
the goodness and excellence of purpose in themselves alone do
and Philosophical 'ime to a inquiry vehicle
not always justify the employment by the courts ot ways and
hasto means Which first Jlavg the sanction of the legislative branch Of
eleoted law from a mere further the ends of justice and equity, the government. TO leave the determination of controversies
beyond the usual borders statutes and regnlations. Through law, entirely 10 the presumed uprightness and wisdom of a court or
philosophy has found an within which to establish various judge, ignoring the legal provisions, is equivalent to allowing the
premises towards a st, bilit of ',ov r mcnts and their institutions to depend upon a t it
not be said that in this case the letter of the law is one thing and
iurther understanding of human interaction which we the spirit another thing. When, as in this case, the letter of the law
call is clear, to seek its spirib elsewheree simply to venture vainly, to
Bevond the and wrong, the inquisitive force no practical purposé, upon the boundless domains of
that is philosophy has prodded law to question speculations.l
existing norms and accepted rules. Thus, allowing us
to develop turther and better concepts that regulate, Statutes; We test d law by its result". A not IV
observe, judge the human condition, interpreted SO as to cause an injustice. — Bufas has also been aptly
ob•aerved. we test a by its n•sults; and likewise. tee may add, In/ its
Nature of Philosophy puwose». It is n caratnal rule Ihat, ill seeking the meaning o/ law, 1/1e•
first CO'tcern Judge be to discover Its provisious the inlent Of the
[Inquestio'tablv, the law should m•ver be interpwted in as to cause at, is
answers to questions yet, more Often than not, never within the legislative intent. An indispensable part of that jnletlt, in
the question IS more important than the answer, fact, for presume good motives Of legislature, to render
Inquiry is the fuel that powers philosophy,

It is the currency in which we prod our ALONZO VS.

humanity to question, to challenge the norm, •to be
more than ourselves. need philosophy in order for us
to look further •than what we have been taught and
made to believe. Five brothers and sisters inherited in equal pro Indiviso •l of
land registered in 'the name of deceased are One of them transferred
his undivided'sl;are sister sold her le"• Ely virtue Of such
Reason and Spirit of the Law agreements, the petitioners occupied, after the snid gales, an area
corresponding to lwo.titthh of the t, representing the portions sold to
them. Jiue veil ees subsequently enclosed the same with a fence. with
their consent. their son Eduardo Alonzo and his wife One Of the five coheirs sought to redeem the
built a semi.ncrete house on a part of the enclosed sold 10 petitioners but was dismissed when it appeared
area.

Pascual vs. Santos, 62 Phil.

2 259, May

citizen. Another coheir filed her invoking the same right of redemption of the reason for its enactment. In doing so, defer not io been letter
tJ1at killeth" 10 "the spint tltaj trw@fieth." to give effect to within thirty davs from notice of the the lawmaker's will*
sates. Although there was no written notice. it Was held P th2t knowledge of the sales by the O-heirs satisfied The Spint. rather than the letter •talule determine" the of the law. Respondent court
IVVersecl construction. hence. statute must read according to 'Is spiril or intent.
the decision the Trial Court.' rel:at is tellhin spirit is within the it is within letter thereof, that the letter but not the spirit not within the statute. Stnh%l differently. t/:mg whtch leil/ttn the' lawmaker is IIS
much
mssWithin the stdtnh• if the letter; anil a thing which is Within the letter Of the statute IS stalnte• the intent Ofthe law mah•rs. "3

'Ihe High Court ruled in the affirmative decieion of

undeniably informed of
respondent court was reversed and that of trial court
reinstated. The co-heirs in this case wetv the sales although no in vs.
League of Cities Of the Philippines
Commission on Electionsb
writing was
compl,unt for Ndemption in 1977, without the co-heits Representatives.A Of the jitty.seven (57), thirty-three (M) given them.
exert-sing their right of redemption. These am the eventually became laws. The twenty-four (24fi•bilLs And there is no
justificatiorus for this exception, Were not acted upon.lÄter deve Opments the introduction doubt either
that the 30-day
period began and ended during the 14 years uring the 11th Congress,' (57) the sales in question and the filing Of the Were bled betore the House of

in the Senate of Senate Bill to

While courts may not read into the law purpösé • amend known as Sec. the 450 Of Republic Act Code NO. (LGC) 7160, Of otherwise 1991. Thea that is not there,
courts nevertheless have the right proposed amendment sought to read out of it the reason for its enactment. In doing so. requin•ment to qua lify for convemion into a city
from courS defer not to letter that killt•th" but to "Ille spirit thx to give effect to the law maker's Willov
Alonzo vs. Intermodiato Appellate Court, 150 SCRA 259, May 20, 1987, Citing

Citing o(
not unfth'lingly apply the law as it is worded, yielding like Statutory Construction. Ruben E, Aqpalo. pp 64-65 1986, Citing Manila
robots to the literal command without regard 10 its cause•änd Horso Trainets' Assn. v. Do la Fuento. 88 Phil GO, 00 Chi v Go cno, 90 Phil
consequence. "Courts are (tpt to err by sticking too tlosely to the 622: Hidalgo Hidalgo. 33 SCRA 105. Roa v Couector of Customs. 23 Phil
315, Villanuova v. City ot 110110.26 SCRA 578, Poopto SCRA
As do not and yuust s Alonzo vs Intermodiato Appouato Court, 150 SCRA 259, May 2B. 1907:

Into" so we are warned, by Justice Holmes agaiit,. US v. Go Chico, 14 PhiL 128

•where these import a policy that goes beyond them. 'O While
we admittedly may not legislate, we nevertheless have the 608 SCRA 636. December 21, 2000 qrX . or,
pov,ær to interpret the law in such a way as to reflect the will the
July 1998 and Juno 2001
legislature. While we may not read into the law a
that is not there, we nevertheless have the right to read out of it" Journal. Sonato 13th Congresa S9th Session 1238 (January 23, 2007)

Entitled "An Act Amending Soction 450 of Republic Act No. 7160, Otherwiso
Known as The Local Government Code of 1091, by Increasing tho Average
Intermediate Appellate court, 150 SCRA 259, May 28. 1987; Citing Annual Income nequ.remont for a Munlapality or ot Barnngays to bo Convortod Into n
Componont City, •
u s. 277 us 438.
5
anttual income to Unillion Resolution as H. Joint Resolution No. I and
income n S Fill forwarding it to the approval.
215? was signed Into No.
to take etiect on June 30, however, again failed to approve the joint
Republic Act No. 9009, Sec. resolution. During the Senate session hy•ld on
Nevenbere, 2Nk•,. Senator Aquilino Pimentel,
Jr. asserted that passing H. Resolution No.
rc;c now would, in net effect, exemption from the
ptvvides a income under Republic Act NO. 9009 on the
component reason. he suggested the filing by
thatcity ifit
into annual the way for the Representatives municipalities
x x X tast
(2) of to individual become cities bills and to
pavethen ionvarding them to the Senate for
proper action. 12
the etiectivity adopted of RA in 9009.
July 2001 the Lower House HouseJoint

Rescuton to Exempt Certain Municipalities

Resolution Nov as title indicated,
sought to exempt the income Embodied in Bits June 30 2001 the
prescribed in Ad the 24 coverage of [RAI 9009 • Annex
municipalities' P aty2004E"5Q2007

into cities were not acted upon during Congress 59th session. pp 1238-40, cited In
*the the
The 12th Cons'Nss ended advice, filed. through
without the. H. Jeint Resolution their respective d to
NO. 29' ty•hood bills, Common
provision esetnptinyt the munictralitv
came the 13th Congress,U which Php million income requirement
saw the ef Representatives re-adopting H. Joint
 AS Of June 7. both Ot approved th t dividual the unconstitutionality of a statute belongs the burden of
eityhood bills. proving otherwise. Laws will only be declared invalid if
a conflid the Comstitution is beyond reasonable doubt,
eventually Into taw on varjoos date—I. cityhood law
Unfortunately for petitioners and petitioners-
directs the COMELEC. within thirty days from its inintervention, they failed to discharge their heavy
approval, 10 hold to determine Whether the voters burden.
approve 01 the
To be sure, courts, regardless of doubts they might
As earlier stated. the instant petitS0it% be entertaining, cannot question the wisdom of the
declare the cityhood laws unconstitutional for violalion of Sec. 10. Art. •onal classification, if reasonable, or the motivation
X of the Constitution, well as tot violation of the equal•protection underpinning the clæssification. By the same token, they
clause. The whoirsale conversion of municipalities into Cittes. the do not sit to determine the propriety or efficacy of the
remedies Congress has specifically chosen to extend. That
petitioner* bemoan, will reduce the share of existing cities is its prerogative. The power Of the Legislature to make
in the Internal Revenue Allotment (IRA), since more Cities Will distinctions and classifications among persons is, to
partake of the internal revenue set aside for cities under Sec. 285 of the reiterate, neither curtailed nor denied by the equal
LOC Of protection clause. A law can be violative of the
As to the issue — in the to others must yield
constitutional limitation only when the classification is
pitvt on whether or thr violate (l) scc. Art. X the without reasonable basis.
Constitution and (2) protection Clause.
In said law, the High Court declared that — The constitutional
The High Court held that legislative inteat is part protection extends to all persons, natural or artificial, within the
and parQl of the law, the controlling factor Interpreting a territorial jurisdiction; Artificial persons as respondent Local
statute. In construing a statute, the proper course is to start Government units (LGUs) herein are entitled to protection only insofar
as their property is concerned. — The equal protection guarantee is
out and follow the true intent ot the Legislature and to embraced in the broader and elastic concept of due process, every
adopt the sense that best harmonizes With the Context and unfair discrimination being an offense against the requirements of
promotes in the tullest manner the policy and Objects of justice and fair play, It has nonetheless come as a separate clause in
the legislature. In tact, any interpretation that runs counter Sec. 1, Art. Ill of the Constitution to provide for a more specific
to the legts!ative intent is unacceptable and invalid, As protection against any undue discrimination or antagonism from
emphasized at the outset. government. Arbitrariness in general may be assailed on the basis of
the due process clause. But if a particular challenged act partakes of an
unwarranted partiality or prejudice, the sharper weapon to cut it down
SOC 285 Of the 1991 LGC proudes Allocaton to ILmts — Tho Share Ot is the equal protection clause. This constitutional protection extends to
all persons, natural or artificial, within the territorial jurisdiction.
tLGlJSl in the BRA) shall bo allocated in the manner (a) Provineos—Twenty- Artificial persons, as the respondent I-GUS herein, are, however,
threo percent (23%)' (b) Cities—twenty-three (23%)'. (c) percent (34%), and
porcent (20%) Provided. however, That the Sharo ot each City, and tnunjepallty
Shall ba determined on the bass 01 me toltomnq Population—Fitty percent

(50%), (b) Land (25%) and (c) Equal percent (25%) x x x

7
lies the presumption of 8
entitled to protection only insofar as their property is concerned.
Consequently, to him who would 14
 Without belaboring in their smallest details the arguments because the spirit
for and against the procedural dimension of this disposition, it
bears to stress that the Court has the power to suspend its own Cathedral Credit
rules when the ends Of justice would be served thereby. In the Cooperative rs. commissioner
performance of their duties, courts should not be shackled by ofInternal Revenuc18
stringent rules which would result in manifest injustice. Rules of
Dumaguete Cathedral Credit
procedure are only tools crafted to facilitate the attainment of
Peti±oner
justice. Their strict and rigid application must be eschewed, if
they result in technicalities that tend to frustrate rather [harp. CA'perative with (DCCCO) and regulated is a
promote substantiay jdstiée.' gubstantial rights must not be credit by cooperative the Cooperativeduly
prejudiced by a rigid and technical application of the rules Authority (CDA). It was established on
in the altar Of expediency. When a case is impressed with public February 17. 1968 with the following objectives and
interest, a relaxation of the application of the rules is in purposes. (l) to increase e in o e n power of the members;
(2) poo e röou members by encouraging savings and
order. Time and again, this Court has suspended its own rules or
promoting thrift to mobilize capital formation for
excepted a particular case from their operation whenever the development activiti% and (3) to extend loans to members
higher interests of justice so require. 15 for provid ent and productive purposß.

Illus, we interpret and apply the law not independently of On November 27, 2001, the Bureau of Internal Rcvenue
but in consonance with justice. Law and justice are inseparable, (BIR) Operations Group Deputy
and we must keep them so. To be sure, there are some laws that, Lilian B. Hefti, issued Letters of Authority Nos.
63222 and 63223, authorizing BIR Officers Tomas
while generally valid, may seem arbitrary when applied in a
Rambuyon and Tarcisio Cubillan of Revenue Region
particular case because of its peculiar circumstances. In such a
No. 12, Bacolod City, to examine petitioner's books
situation, we are not bound, because only of our natüre and
of accounts and other accounting records for all
functions, to apply them just the same, is slavisb obedience. internal revenue taxes for the taxable years 1999 and
to their language. What we do instead is find a balance between 2000.
the word and the will, that justice may be done even as the law is
obeyed.16
On 2002, petitioner informed BIR that it
would 2Qay the deficiency the withholding
League of Cities Of the Philippines (LCP) vs, Commission on Elections. Board of Directors, taxes corr.yndingsecurity
608 SCRA 636. December 21.2009 and to the honorarium of i•nitoriaJ services,
1
legal and professional fees for the year 1999 and
5 League of Cities of the Philippines (LCP) vs. Commission on Elections, 608
SCRA 636, December 21, 2009
2000, excluding penalties and interest. After
payment, petitioner received from the BIR
Dumaguete Cathedral Credit Cooperative (DCCCO) vs. Transcripts Of Assessmænt and Audit
Commissioner of Results/Assessment Notics ordering petitioner to
Internal Revenue. 610 SCRA 652, January 22, 2010, citing Alonzo vs
pay the deficiency withholding taxes, Inclusive
Intermediate Appellate court, 150 SCRA 259, May 28, 1987
of penaltiß, for the years 1999 and 2000.
9
is u€thin the spirit is within the
 Cathecrd creon Cooperative (DCCCO) vs Commissioner cooperahves as a practical vehicle for promoting
selfreliance and harnessing power towards the
610 SCRA 652. January 22. 2010; citing Tanada attainment Of economic development and social rustice.
and cues-co eat. 103Phil 1051, 1086 (1957). Illus. to encourage the formation of cooperativs and to
create an atmosphere mndudve to their growth and
• Etc SCRAE2 development, the State extend*' all forms of assistance
20
to
10 to
one of which is providing
Petitioner contended that under oi the NIRC
cooperatives a them.
applies only to banks and not to cooperatives, since the
• I tax treatment.
phrase -sm:ilar arrangements" is preceded by terms
referring to banking transactions that have deposit The legislative intent to give
peculiarities. Therefore, the savings and time deposits cooperatives a referential treatment is
of members of cooperatives are not included in the apparent in Articles 61 and 62 cf Republic Ad
enumeration, and thus not subject to the final tax. Also, No. 6938, which read:
pursuant to Article XIL Section 15 of the Constitution
ART. 61. Tar Treatment of
25 and Article 2 of Repubhc Act No. 6938 (RA 6938) Cooperativs. — Duly resisterd
or the Gyperative Code of the Philippines. cooperativB under this Code
cooperatives enjoy a preferential tax treatment which cchch do transact any business
exempts their members from the application of Section With nonor the general public
of the NIRC shall not be stbiect tv any
government taxæ and fees
Is petitioner liable to pay the deficiency Withholding imped undef the Internal
taxes cn Interot from savings and time deposits of its "tembers Revenue Lnzos and other tax
for taxable years 1999 and 2000. and the coruquenl tzzcs. Qveratices not falling
delinquency interest of per ? under this article shall be
governed by the succeeding
Per the High Court — petitioner is not liable to pay.
ART. 62. Tax and Other
The National Internal Revenue Code states that Exemptions. — Cooperatives
a *final tax at the rate oftwenty percent (W} ) is hereby transacting business With both
rmp&d the amount of interest on currency bank mar,bers and nonn:embers shall
deposit and yield or any other monetary benefit from not be subject to tax their
the dcpos:t substitutes and from trust funds and similar transactions to members. Nokci!
arrangement x x x• for individuals under Section and hstanding the provision of any
for dcmetic corporations under Section Considering the law or regulation to the contrary,
such cooperatives dealing with
members' deposits with the cooperativß are not nonmembers shall enjoy the
currency bank deposib nor deposit substitutes, Section following tax exemptions; x x x.
and Section therefore, do not apply to members
of cooperativts and to depcsits of primaries federa This exemption extends to members
ticns, respectively. of cooperatives. It must be emphasized that
cooperatives exist for the benefit of their
Under Article 2 of Republic Act No. 6938, as members. In fact, the primary objective of
amended by Republic Act No. 9520, it is a declared every cooperative is to provide goods and
policy Of the State to foster the creation and growth of to its members to enable them to
 attain increased income, savings, It has the power
invBtments, and productivity. & Therefore,
limiting the application Of the tax O) to draw, make, accept, endorse,
exemption to cooperatives would go guarantee, execute, and issue promissory
against the very purpose of a credit notes, mortgages, bills of exchange,
cooperative. Extending the exemption to drafts, warranb certificates and all kinds
members of cooperatives, on the other of obligations and instruments in
hand, would be consistent with the intent connection with and in furtherance of its
Of the legislature. business operations; and

(2) to issue bonds, debentures, and other

The spirit, rather than the letter of a statute obligations; to contract indebtedness;
determines its construction, hence, a statute must and to secure the same With a mortgage
be read according to its spirit or intent. For what is
within the spirit is within the statute although it is
not within the letter thereof, and that which is Dumaguete Cathedral Credit Cooperative (DCCCO) vs. Comm:ssioner
within the letter but not within the spirit is not of Internal Revenue. 010 SCRA 652 January 22.2010 z' 810 SCRA 652,
January 22.2010
within the statute. Stated differently, a thing which
is within the intent Of 13
or deed of trust. or pledge or
lien on any or 011 of its real
12 and personal properties.
the lawmaker is as much within the Statute as if within the
letter; and a thing which is within the letter of the statute is not On November 27, 2001, the Bureau of
within the statute unless within the intent of the lawmakers.19 Internal (BIR) Operations Group Deputy
Commissioner,
The clashing interests of the State and the tarpayers are again Pitted
against each Other. Tuv basic principles. the State's inherent power
and its declared policy offostering the creation and growth Of cooperatives
Lilian B. Hefti, Letters of Authority Nos.
come into play. However, the one that embodies the spirit of the law and the 63222 and G223, authorizing BIR Officers
true intent of the legislature prevails. Tomas Rambuyon and Cubillan of Revenue
Region No. 12, Bacolod Qty,
Dumaguete Cathedral Credit Cooperative (DCCCO) to examine petitioner's books of and other
vs. Commissioner of Intemal Revenue20 acounting records 1999 and for 2000.all internal
revenue taxes for the taxable years
Petitioner Dumaguete Cathedral Credit
Cooperative (DCCCO) is a credit cooperative duly On May 9, 2003, petitioner protested the Letters of
registered with and regulated by the Cooperative Demand and Assessment Notices with the
Development Authority (CDA). It was established on Commissioner of Internal Revenue (CIR).
February 17, 1968 With the following objectivö and However, the latter failed to ad on the protest
purposes: (1) to increase the income and purchasing
within the prescribed ISO-day period, Hence, on
power of the members; (2) to pool the resources of the
members by encouraging savings and promoting thrift to December 3, 2003, petitioner filed a Petition for
mobilize capital formation for development activities; Review before the CVA, docketed as C.T.A. Case
and (3) to extend loans to members for provident and No.
productive purposes.
 The CFA En Banc held that Section 57 of To encourage the formation of cooperatives and to
the NIRC requires the withholding of tax at
create an atmosphere conducive to their growth and
source. Pursuant thereto, Revenue Regulations No.
2-98 was issued enumerating the income payments development, the Stale extends all forms Of assistance to
subject to final withholding tax, among which is them, ore of which is providing cooperatives a preferential
"interest f-mm any peso bank deposit and yield, or tax treatment. — Under Article 2 of Republic Act No.
any other monetmy benefit from substitutes 6938, as amended by Republic Act No. 9520, it is a
and from trust funds and similar arrangements x x
x." According to the CTA En Banc, petitioner's
declared policy of the State to foster the creation and
business falls under the phrase "similar growth of cooperatives as a practical vehicle for promoting
arrangements;" as such, it should have withheld self-reliance and harnessing people power towards the
the corresponding final tax on the interest from the attainment of economic development and social justice.
deposiS of its members.
Thus, to encourage the formation of cooperatives and to
create an atmosphere conducive to their growth and
Petitioner raises the issue of tvhether or not
development, the State extends all forms of assistance to
it is liable to pay the deficiency withholding taxes
on interest from savings gr:d time depsits Of its
them, one of which is providing cooperatives a preferential
members for the taxable years 1999 and 26)0, as
tax treatnent.21
well as the delinquency interest of per annum.
Brief History of Law

on!" mentions The High Court held this that should Considering the American model and origin Of the
although be construed the tar exemptionto include
Philippine constitution, it is not surprising that Filipino
t}? numbers pursuant to Article 126 of jurists and legal scholars define and explain the nature of
Republic Act No. 6938, — exemption extends the Philippine constitution in similar terms that American
to members of cooperatives. It must be constitutional law scholars explain their constitution. Chief
emphasized that cooperatives exist for the Justice Fernando, citing La-ski, wrote about the basic
benefit of their members. In fact, the primary purpose of a Civil society and government, viz.: "The basic
objective every cooperative is to provide purpose Of State, 'tamely to 'assure the happiness and
goods and services to its welfare of its citizens is kept foremost in mind. To
paraphrase Laski, it is not an end in itself but only a means
14 to an end, the individuals composing it in their Separate
members to enable them to attain incæased
income, savings, investments, and productivity.
Therefore, limiting the application of the tax
Dumaguete Cathedral Credit Cooperative (DCCCO) vs, Commtsstonet 01
exemption to cooperatives would go against the Internal Revenue. 610 SCRA 652. January 22 2010
very purpose of a credit cooperative. Extending the haring rights which must be respectQ It
exemption to members of cooperatives, on the
other hand, would be consistent with the intent of GT."! not its interest, that is the chterion by and it is their welfare,
the legislature. Thus, although the tax exemption and not the force
only mentions cooperatives, this should be
that sets the limits to the authority it is entitled
construed to include the members, pursuant to
Article 126 Of Republic Act NO. 6938.
 It was Holmes who said that the life of a people indubitably show adherence to it is an altogether
the law has teen logic; it has been different story. for ultimately, in our political and legal
experience. Thus the early Roman law has tradition, the people are the source Of all government
ritualistic and highly formal. Gradually, authority, and the courts are their creation. While it may be
argued that the choice of a school Of legal thought is a
however, it evolved and form was replaced
matter of opinion, history is a fact against which one
by substance. The development of law did cannot argue — and it would not be turning somersault
not stop there. The Roman praetorian law With history to say that the American Declaration of
supplemented and over-rode law Independence and the consequent adoption of a
which became narrow ard rigid in scope. constitution stood on a modern natural law theory
Finally common law produced equity foundation as this is universally taken for granted by
Jurisprudence. It is a formal set of legal and writers on government.24
procedural rules ard doctrines to aid and
Although Filipinos have given democracy its own
even override common and Statute law in Filipino face, it is undeniable that our political and legal
order to protect rights and enforce duties institutions are American in origin; When government not
fixed by substantive only defaults in its duty but itself violates the very rights it
teas established to protect, it forfeits its authority to
demand obedience Of the governed and could be replaced
Invoking natural law because the history, tradition
and ntorül fiber of a people indubitably show adherence to
with one to which the people consent, and this highest Of
it is an altogether different story, for ultimately. in our rights the Filipino people exercised in the EDSA
political and legal tradition, the people are the source of all Revolution of February 1986. — Two facts are easily
government authority and the courts their creation— discernible from our constitutional history. First, the
while it may be argued that the choice of a school legal Filipinos are a freedom-loving race with high regard for
thought isn matter ofopinion, history is afact against which
carne! argue. — In deciding a case, invoking natural law
their fundamental and natural rights. NO amount of
as solely a matter of the judge's personal preference, invites subjugation or suppression, by rulers with the same color
criticism that the decision is a performative contradiction as the Filipinos' skin or otherwise, could obliterate their
and thus self' defeating. Critics would point out that while longing and aspiration to enjoy these rights. Without the
the dectsion invokes natural law that abhors arbitrariness, peopl€s consent to submit their natural rights to the ruler,
that same decision is tainted with what it abhors as it stands
on the judge' subjectne and arbitrary choice of a school of
these rights cannot forever be quelled, for like water,
legal thought. Just as one judge Will fight tooth and nail to seeking its own course and level, they will find their place
defend the natural law philosophy another judge Will match in the life Of the individual and Of the nation; natural right,
his fervor in defending a as part of nature, will take its own Course. Thus, the
Filipinos fought for and demanded these rights from the
Spanish and American colonizers, and in fairly recent
Zeparate Opimon. Republtc vs. Sandlganbayan, 407 SCRA
history, from an authoritarian ruler. They wrote these rights
in Stone in every constitution they crafted starting from the
Abad Santos in Nagan vs. Emile. 139 1899 Malolos Constitution. Second, although Filipinos
contrary philosophy he espouses. However, invoking have given democracy its own Filipino face, it is
natural law because the history, tradition and moral fiber of undeniable that our
 departments, the legislatiVC' the executive, and the
judicial, which are independent, co-ordinar
Justice Puno Separate Opinion.' Republic v' Sandiganbayam 407
Separato opinion: Republic vs sandlganbayan, 407
SCRA 10.
July 21, 2003
and co-equal, with each of them having exclusive
cognizance of matters within its jurisdiction, supreme
17 within its own sphere, and free from interference in the
litiv-al and legal institutions are American in origin. The exercise of powers entrusted to it, subject to the scheme Of
Filipinos adopted the republican form of government that the checks and balances as constitutionally ordained,26 It is
Americans introduced and the Bill of Rights they extended
likewise a truism that on the legislature is vested 'the
our islands, and were the keystones that kept the body politic
intact. These institutions sat well Wilh the Filipinos who had authority to make the laws, on the executive to enforce
long for participation in government and were jealous of them, and on 'the judiciary 10 interpret them in the course
their fundamental and natural rights. Undergirding of deciding justiciable controversies of a private as well as
institutions was the modern natural law theory which
of a public character in the course of which the legality Of
stressed natural rights in free, independent and equal
individuals who banded together to form government for the it he acts Of the Other two branches may be bested.
protection of their natural rights to life, liberty and property. Petitioner would thus logically conclude that the dispute
The sole purpose of government is to promote, protect and between it and the three private respondents turning on their
preserve these rights. And when government not only
respective rights under the private pension plan
defaults in its duty but itself violates thevery rights it was
established to protect, it forfeits its authority to demand subsequently integrated in the social security scheme, the
obedience of the governed and could be replaced with one to courts, not respondent Commission, constitute the
which the people consent. The Filipino people exercised this appropriate forum for its resolution.27
highest of rights in the EDSA Revolution of February
1986.25
This is to ignore, however, that the principle of
separation Of powers is a relative theory of government not
Structure of Our Legal System to bc enforced With pedantic rigor. As a principle of
statesmanship the practical demands of statecraft would
To begin, the Philippine political structure is argue against its theoretical
composed of three equal and coordinate branches Of
government.

Illese branches of government are more

particularly described and referred to as follows:

a) The Executive;

b) The Legislative; and Luzon Stevedoring Corporation vs. Social Security Commission, 34
SCRA 178. July 31, 1970: Citing Ct. Angara v Electoral Commso'on. 63
c) Judiciary. Phil 139 (1936) Tho instances cited by Justice Laurel. who wrote the
opjnion for tho Court. are tho power of the Prosident to approve or
It is to be admitted that the functions of disapprove legislation, his veto howovor boing subjoct to be over.
ridden; power to convene tho legislativo body In special sosslons. tho
government in the main ate distributed to three
power in turn o! the lanor to confirm or rojocl Prosldontial
appointments, Its power not only to apportion the jurisdicuon of the
courts but to dotormino what 'undo to appropriato for their support: its Luzon Stevedorirp Corporation vs. Social Security Commission, 34
powor to impoach certain officials• and lastly as tar ao tho judiciary IS SCRA
concerned. its power o' Judicial revlow enabling it to annul oxocutivo or 178. July 31. 1970, citing Cf. Richardson v. Scudder, 160 NE 655 (1928).
legislative acts AS Justce Cardozo pointed out *The exigencies of governrnent have made
necessary to relax a merely doctrinaire adherence to a principle so flexible
Luzon Stovodoring Corporation vo Social $ocurjty Commission. 34
aM practca'. so largety a mater of sensible approximation as the separatjon d
SCRA 178. July 31. 1970

manas v Gil, 67 Phi. 62, 73-74 [19391: Citing Springer vs. Government (928}.
19 277 US ed.. 845.852
application? Jusfic-e Laurel, with vigor and clarity, expressed
451 (1939)
the matter thus:
Tecson vs. Salas, 34 SCRA275. JuY31.1970
VTJte cløsical separation of governmental
powerso; in the light of the political 1340936)

philosophy 20
restrictions and limitations are transcended it would
Aristotle. INke, or Montesquieu, or of the postulations of
Mßlnni, Madison, or be inconceivable if the Constitution had not provided
t. T%ere is more truism and actuality in for a mechanism by which to direct the course of
government along constitutional channels, for then the
distribution of powers would be mere verbiage, the bill
inhTdcpendencefor as obgrtyd than in by indwendence Justice
Holmes and sqaration in a case ofof of rights mere expressions Of sentiment, and the
principles ofgood government mere political
pcaVS.
apothegms. Certainly, the limitations and restrictions
Philippine origin, we cannot lay down 'with
mathematical and divide the branches into watertight, embodied in our Constitution are real as they should
compartments' not only because •the great ordinances be in any living Constitution." Justice Laurel pointed
Of the Constitution do not Stablish and divide fields of out that in contrast to the United States Constitution,
black and white but al*' becnug •even the more specific the Philippine Constitution as "a definition of the
of them arefound to terminate in a penumbra shading powers of goventment" placed upon the judiciary the
gradually from one ertrme to the other. great burden of "determining the nature, scope and
extent of such powers" and stressed that "when the
The basic philosophy of the presidential type of government judiciary mediates to allocate constitutional
adopted in our Constitution was expounded with force and lucidity boundaries, it does not assert any superiority over the
by Justice Laurel in Villena vs. Secretary of InteriorY in words the other department x x x but only asserts the solemn and
validity of which has not been impaired by the passage of time.31 sacred obligation entrusted to it by the Constitution to
determine conflicting claims of authority under the
As restated by the late Justice Jose P. Laurel in the 1936 Constitution and to establish for the parties in an actual
landmark case of Angara zs. Electoral Commission,n "The controversy the rights which the instrument secures
Constitution sets forth in no uncertain language the and guarantees to them. "33
restrictions and limitations upon governmental powers and
agencies. If thoe
 and offices. He shall ensure that the laws be
faithfully executed. This is a principle in political
law that, since the multifarious executive and
administrative functions Of the Chief Executive
are performed by and through executive
departments, it is but necessary that the acts of the
secretaries of departments when performed and
promulgated in the regular course of business or
unless disapproved or reprobated by the

llagan Emile. 139 SCRA 349. October 21. 1985

21
Chef are presumptively the acts of the
Chief Executive.

*Thus, under this doctrine, all executive

administrative and organi72tions multifarious are
executive adjuncts and of administrativethe
executive

functions of the Chief Executive are perforrned by and

through the Executive Departments."
The Executive
Refers to the branch of government that
applies the law. This branch is headed by the
President. Under the President is the Vice- The Legislativc
President and the Cabinet Secretaries. Under
the doctrine of qualified political agency, the Refers to the branch of government that makes
President discharges his functions as chief the law. This branch is composed of two chambers
executive officer and commander in chief of the — the Senate or the upper house and the House of
Representatives, or lower house. fie head of the
country through his Secretaries who run their
Senate is called a Senate President while the head of
respective Departments. The President shall the H0'R of Representatives is called the Speaker of
control Of all the executive departments, bureaus the Houg. Each chamber has its respective officers,
 members and term of office as provided for under The Judiciary
the constitution. The Constitution vests legislative
power in a bicameral Congress of the Philippines Refers to the branch of government that
consisting of a Senate and a House of
Representatives. This is the authority, under the
interprets the law. This is represented by the Supreme
Constitution, to make bws, and to alter and repeal Court. The head of the Supreme Court is called a Chief
them.% Justice and joined by 14 Other Associate Justices. The
Constitution is a definition of the powers of government.
Eloquently restated — the constitution is the
Who is Co determine the nature, scope and extent of such
shore of legislative authority against which the waves of
legislative auctment may dash, but over which they
annot leap.37 The power of Congress to enact The Constitution itself has provided for the
legislative measures is plenary in nature — instrumentality of the judiciary as rational way. And when the
meaning that it can legislate laws and even amend, judiciary mediates to allocate constitutional boundaries, it
modify or repeal existing laws enacted by a previous does not assert any superiority over the other
Congress. The gro%'ing complexity of our society and departrnents; it does not in reality nullify or invalidate an act
government structure has revolutionized the powers and
of the Legislature, but only asserts the solemn and sacred
duties Of the
obligation assigned to it by the Constitution to determine
legislative body such that its members are no
conflicting claims of authority
longer confined to

Honasan Il vs Panel of tie Investigating Prosecutors 01 the DOJ. 427

the Intercr, 67 Phil 464
SCRA
DENA Rep-j 12 Employees 409 SCRA aso 46
Wands Sponger. SO Phil. 276 Occena vs COMELEC. 95
SCRA 759 e Executive
Secretary vs CA, 429
22 SCRA81
making laws — they Can perform such other functions,
which are, Strictly speaking, not within the ambit of the
traditional legislative powers.IS 23

It is the peculiar province Of the legislature to

prescribe general rules for the government of society.
essential of the legislative function is the determination
of the legislative policy and its formulation and
promulgation as a defined and binding rule of conduct."
under the Constitution the rights and which to
It must be borne in mind that subject to establish that instrument for the parties secures in
constitutional limitations, Congress is ernpowered to guarantees to them. This is in which truth all properly
define what acts or omissions shall constitute a crime and to that is involved in what is •judicial supremacy" is the
prescribe punishments therefore.40 Of judiäal review under the Constitution.41
 A provision which has been introduced by the 1987 and Of their respect for the Other departments, in
Corustitution is a definition, for the first time in our fundam law, striking down the acts of the legislative and the
of the term "judicial power," as such authority and duty executive as unconstitutional.44
courts of justice "to settle actual controversies involving
rights which are legally demandable and enforceable and to The Constitution is basically a
determine whether not there has been a grave abuse of
discretion, amounting to lack excess ofjurisdiction, on the
charter of limitations Of
part of any branch or instrumentality of the governmental power and enshrines a
GovernmenM'.42 system Of separation of powers and checks and
balances under which no man is the law nor
As the constitution vests judicial power in one Supreme above the law. It ordains the weakest
Court and in such lower courts as may be established by law departrnent, the Supreme Court, as the
— judicial power, by its nature, is the power to guardian and final arbiter of the Constitution. It
hear and decide causes pending between parties who postulates and requires a free and independent
have the right to sue and be sued in the courts of law judiciary, sworn to defend and enforce the
and equity.U Constitution and the law without fear or favor. It
mandates that civilian
Although holding neither purse nor sword and so authority is at all times supreme over the
regarded as the weakest of the three departrnents of the
military. Like His Holiness, the Pope, the Supreme
govemment, the judiciary is nonetheless vested with the power
Court has no battalions, tanks or guns to enforce its
to annul the acts of either the legislative or the executive or of
decisions. Its strength lies in that its verdicts would
both when not conformable to the fundamental law. This is the
reason for what some quarters call it the doctrine of judidai be obeyed by the sheermoral force and truth of its
supremacy. Even so, this power is not lightly assumed or judgments for as long as the Court kept the faith
readilv exercised. The doctrine of separation of powers imposes and confidence reposed in it by the people through
upon the courts a proper restraint, born Of the nature Of their the Constitution to render justice and sustained their
functicrs moral conviction that through the Supreme Court,
justice and the voice of reason and truth would
prevail in the end. Under the Rule of Law,
"Judicial decisions applying

Argara vs. Electoral Commiss ion. GR. No. 45081. July 15. 1936
vsW,orat0G R. No 118910. July 17, 1995

or interpreting the laws or the Constitution shall

form apart of [he legal system gf the Philippines
"45 and the Executive and all its offices and
OLambvs Phipps 22 Phil 559 agencies, and particularly the military, are called
upon to execute the laws as so interpreted and
24 adjudged by the courts.
Note, however, that the Court may exercise its power of vs Rnos. 421 SCRA 148
judicial review only if the following requisites are present The 1987 Philippine
(1) an actual and appropriate case and controversy exists; (2) a Conshtuhon created three (3)
personal and substantial interest of the party raising the
independent commiss:ons
constitutional q
Civil Commission (CSC), the
Commeseion on Elections
25
(COMELEC) and the Commission on
opportunity: and (4) the constitutior41 the itry IIS mot' of the
Audit (COX). To ensure their
ase.c precisely to test the validity acts in an appropriate independence. these constitutional
legal proceedings commissions enjoy fivtal

there is always the possMltty of åwir being declared inoperative

autonomy — meamng their approved
and void Realism compels the acceptance of the though that there
annual appropriations are automatically
would be a time-lag I between exercise of the power initiation
and the of final presidential or congressicna declaration of nullity. and regularly released.
tn the meanwhile, it would be productive Of confusion, perhaps
at time even Of chaos, if the parties affected were left free to Article IX of the Congtltution states
speculate as to its fate being one of doom. this leading them free in no uncertain terms that only the CSC, the
to disobey in the meanwhile. however, the orderly processes of Commisston on Elections, and the Commission
government, not to mention common <lse, requires that the on Audit shall be tagged as Constitutional
presumption of validity be accorded an act of Congress or an Commissions with the appurtenant right to fiscal
order of the President. It would be less than fair, and it may autonomy Thus: Sec. 1 of Constitution. The
productive of injustice, if no notice of its assistance as a fact be Constitutional Commissions, Which shall be
paid to it, even if thereafter, it is stricken down as contrary, in the independent, are the Civil Service
case of Presidential act, either to the Constitution or a controlling Commission, the Commission on Electrons,
statute." and the Commisston on Audit."

A justioable controversy involves a definite and concrete It should be noted that the Constitution
dispute touching on the legal relations of the parties having provides for stringent conditions If one is to be a
adverse legal intereste As for the third requisite for judicial member of said constitutional commissions, It
review, it should not be taken to mean that the question of explicitly states that no member Of a
constitutionality must be rai'€d immediately after the constitutional commission shall, during his
execution of the state action complained of — that the tenure. hold any other office ot employment.
question Of constitutionality has not been raised before is not Neither shall he engage in the practi«• of any
a valid reason tor refusing 10 allow it to be raised later.:o profession or in the active management or
control Of any bustness which in any way be
affected by the functions of his office, nor shall
he be financially interested, directly or
indirectly, in any Contract with, or in any or
privilege granted by the Government, any Of its
subdivisions, agencies, or instrumentalities,
Constitutional Commissions27 SCRA including government-owned or controlled
corporation or their subsidiaries. Moreover, their Civil Service Commission (GC) serves as the human
are fixed by law and cannot be decreased during resource agency of the entire Philippine bureaucracy
their tenure.
tasked with the formulation, monitoring and
Without diminislung increasing or
implementation Of quality standards in public semce
modifying substantive rights, constitutional based on a merit system. The civil service embraces all branches,
commissions are allowed by the Constitution to subdivisions, instrumentalities, and agencies of the Government,
promulgate its own rules concerning pleadings including government-owned or controlled corporations with original
and practice before it or before any of its charters.
offices. The Constitution further provides that
each commission shall decide The Civil Service Commission is one of the three Independent
Constitutional Commissions invested with adjudicative powers to tender
final arbitration on disputes and

Commsston, 819 SCRA 482 120171

Commszton on Human Right' Employees Association personnel actions involving matters relating to the Civil
(CHREAi vs on Human Rights, 444 SCRA Service.33
3CC 25.2004

27 Book V, Title I, Subtitle A, Chapter 3, Section

12 thereof enumerates the specific powers and
functions of the Civil Service Commission while
by a vote of all its members any case or matter brought it within recognizing its comprehensive authority over all civil
days from the date of submission for de€ision or n•solution, Service matters.54 The Administrative Code of
Please note that a case or matter is deemed submitted for decision
or resolution upon the filing of the last brief, or memorandum
1987 also gave the Civil Service Commission
required. Finally, any, decision, order, or ruling may be brought the power to "prescribe, amend and enforce
to the Supreme Court on certicr,tn by the aggrieved party within regulations an rules for carrying into effect the
thirty days from receipt of a copy thereof. provision of the Civil Service Law and other
Tltc Civil Service Commission pertinent laws. "55

lhe civil service embraces all branches, subdivisions, The Supreme Court has ruled that the only
instrumentalities, and agencies of the Government, including
function of the Civil Service Commission is
government-owned or controlled corporations with original
charters,
merely to ascertain whether the appointee
Article IX-B of the 1987 Constitution entrusts to the Civil Service possesses the minimum requirements under the
Commission the administration of the civil service, which is comprised law; if it is so, then the CSC has no choice but to
of "gll branches, subdivisions instrumentalities, and agcncies of the attest to such appointment-56 The Civil Service
Government, including government-owned or controlled corporations Commission is, in any case, vested with
with original charters. "52 As can be inferred from its name — the
jurisdiction to review the decision of the prohibited from engaging directly or indirectly, in any electioneering
appointing authority.57 or partisan political campaign,

Since the Civil Service Commission is the central personnel

Although public servants are protected from agency of the government, the Constitution mandates that it shall
removal or suspension without just cause they are, establish a career service and adopt measures to promote morale,
efficiency, integrity, responsiveness, progre%ivencss, and courtesy in
however, prohibited from engaging directly or
the civiJ service. It is also mandated to strengthen the merit and
indirectly, in any electioneering or partisan rewards system, to integrate all human resources development
political campaign. Since the Civil Service programs for all kvel' and ranks, and to institutionalize a management
Commission is the central personnel agency of the climate conducive to public accountability.
government, the Constitution mandates that it
"It tell that the determination of the kind Of appointment to be sn
shall establish a career service and adopt measures official tested by law Wilh the appointing power and not Cm-I Serve
to promote morale, efficiency, integrity, Commw:on. Commissioner of Civil Service is not to defermv:e the kttvd cr
nature of the appointment extended by the the uppintee is qualified, as in this
responsiveness, progressiveness, and courtesy in case, the ofCÆt%I Service no cko:rr but to attest 10 the apporntment"
the civil service. It is also mandated to strengthen
the merit and rewards system, to integrate all
human resources development programs
appointment as
approved as "temporary," of the City Mayor,
vs. Department of National Defense, 844 SCRA by the CebuSC action taken in the protest
Career
401 (20171 Executive Board vs. Civil Service filed by

Commission 819 SCRA 482 120171 pmition. rival

better qualified p€nition thereby
revoking his getting aside the deci
Galindo vs. Commission on Audit. 814 SCRA 73 [2017) %ion the CT, Supreme Court held
that the Civil Service is not
empowered to determine the Bind or
Ceril/es vs. Civil Service Commtssion. 846 nature of the appointment extended
SCRA 15 (2017) Ibid by the appointing officer, its
authority being limited to approving
or reviewing the appointment in the
29 light of the of the Civil
Service Law, When the appcnntee is
all levels and ranks, and to institutionalize a management qualified and all the other legal
conducive to public accountability. requirements are satisfied, the
C.ornrni%ion has no choice but to
Since public office is a public trust, appointments in the 601 attest to the appmntrnent in
«v•ice shall be made only according to merit and fitness to be accordance with the Civil Service
Laws
determtned, as far as practicable, and, except to positions which are
pobcy-dctcrminirtb primarily confidential, or highly technical, by
competitive examination. Although public g•rvants are protected from
This ruling was later on reinforced in a
removal or suspension without just they are, however, number of cases more memorably in lupinid vs.
CSC3) where the High Court through the lyrical the
prose of Justice Cruz declared that — the
determination of who among several candidates for
a vacant position has the best qualifications is
vested in the sound discretion of the Department
Head or appointing authority and not in the Civil
Service Commission. Every particular job in an
Office calls for both formal and informal
qualifications. Formal qualifications such as age,
number of academic units in a certain course,
seminars attended, etc., may be valuable but so are
such intangibles as resourcefulness, team spirit,
courtesy, initiative, loyalty, ambition, prospects for
the future, and best interests of the service. Given
the demands of a certain job, who can do it best
should be left to the Head of the Office concerned
provided the legal requirements for the office are
satisfied. Civil Service Commission cannot
substitute its judgment for that of

the Head of Office tn this regard.

The Commission on Elections

In the present set-up of the COMELEC, the mav withdraw

Supreme Court obMtrved that — the prewnt
Constitution upgraded to a constitutional status the Gallardo rs- TabamoS2
aforesaid statutory authority to grant the
Commts;ion broader and more flexible powers to A petition Sot cetiorari and prohibition was
effectively perform its duties and to insulate it
further from legislative intrusions. Doubtless, if its Sy the GcGah-do aga11Ft Judge Tabamo seeking to
rule-making power is made to latte: from continuing with the judida!
then pending agairust the former.
No May14,1991
PetiSener p«ited argument that the said
31 case an alleged violation of the
provisiö

No 104848. January 29.1993

 Foundaton of tie Phlhppines vs. COMELEC. executive or administrative, legislative and
quasi-judicial powers.«• As the body mandated
by the Constitution to enforcæ and administer all
32 laws relative to the conduct of elections, it is the
Oi the tile€tion the over which is bounder duty of the COMELEC to ensure that
exclusively in the on Elections (COMFI.ro. the will of the electorate prevails,04
agreeing With the The Commission on Audit
contention Of the petitioner the Ili8h Court
ruled that since the case pending betotv the
RTC involved the ot election-
The Commission on Audit (COA) is the
related it properly belongs within the government's watchdog on the disbursement
the and not the RIV. and use Of public funds. The Constitution
specifically vests in the Commission on Audit
The Commission on Elections is the authority to determine whether the
vested by the Contitution with exclusive government entities comply with laws and
charge Of the enforcement and
regulations in disbursing government funds-es
administration of all laws relative to the
conduct of elections.' hence. the
assumption jurisdiction by the trial Over
a case involving the enforcement oi the
Cipnano COMELEC.
election eode is at war with the plain
constitutional command. the
436 SCRA 45 sa5c vs.
implementing statutory provisions and
the hospitable sope attorded such grant
COMELEC, 425 SCRA
of authonty so clear and unmistakable in
tveent decisions 735

The Commission on Elections, as an Jesi.s vs COAS 422 SCRA 287

independent Constitutional Commission. is
clothed with the three powers of government — 33
 hether government
a report*

cf

and

2.

J.

Apvw'Z%••
4. Alonzo B.
G No. 72873. May 28.198%

of
B.
5. and
COA empoa«red by the constitution to power to audit ntm• suEåy
also has fr•cm or
through cf Rrrrr..• G R. No.
182722. January 2 2010
Grogr Rt•dag and Repotting

The i.ßnv:ng
cz-+.

annotations. news and tnle•rnet

sates may

35
CHAPTER 2 TO the classicist, specifically the framers of the Spanish
Penal Code of 1870, man i' essæntially a moral creature With
an absolutely free will to choose between good and evil. assert
Schools of Thought that man should only be adjudged or held accountable for
wrongful acts so long as free will appears unimpaired. In
working out this theory, the Penal Code of 1870 placed more
"Frcrdom of men under government is to have a stress upon the effect or result of the felonious act than upon the
standing rule 10 live by, common to every one of that society,
and made by the legislative power vested in it; a liberty to
man criminal him%elf, and endeavored to establish a mechanical
follow my own will in all things, when the rule prescribes not, and direct proportion between crime and penalty. However,
and nol to be subject to the inconstant, uncertain, unknown, eventually the classical method Of considering the offender aq an
arbitrary will ofanothcr man. " abstract being' and of prefixing for him, through a series of hard-
— John Locke and-fast rules/ a great multitude of penalties With scant regard to
On Government Bk. X, Ch. 4
the human element, found stubborn and u:vere critics in the
persons of Dr.

36
Cesare Lombroso and Professors Rafael Garofalo and Enrico
Classical Theories Ferri, who were the forerunners and founders of the positivist
school of criminology.n
According to Prof. Lohel Martirez — there are two
theories as to what philosophy should underlie the criminal law
system: the classical or juristic and the positivist or realistic.
 The positivist theory deviates from the Classical in the ted by jurists of repute, that to
conception Of crime and of the criminal, To the positivist, free
will is a myth, a figment of the imagination, or at least a stress the element of a promise as the basis of contracts is to
debatable matter. The positivist hold that man is subdued
occasionally by a strange and morbid phenomenon which not admit of doubt that whether under the civil law or the
constrains him to do wrong, in spite of or contrary to his common law, the existence of a contract is unthinkable
volition. without ones word being plighted. so the New Civil code
provides..
contract a ofminds between two persons whereby one binds himself, with
respect to the other, 10 give so so it is likewise under American law.
It is for this reason that the central idea of all positivist Thus:
thinking is the defense of the community from anti-qocial
contract is a prornzse
activities, whether actual or potential, against the morbid type
Of man who is called a "socially dangerous person." To
forestall the social danger and to achieve social defense, the
or a set Of promises for the a
positivist philosophy has thus chosen a different path. Premised
upon the proposition that man is primary, while the deed is only remedy, or the performance of a
secondary, the new school takes the vicw that a crime is duty. "75
essentially a social and natural phenomenon, and as such it
cannot be treated and checked by the application of abstract law may go further and require that certain lhe
principles of law and jurisprudence nor by the imposition Of a formalities be executed. Thus, for a mortgage to be validly
onstituted, -it is indispensable, X x x, that the document in which it
punishment, fixed and determined a priori; but rather
cppe,rs be recorded in the Registry of Property." The same codal
the enforcement of individual measures in each particular case provision goes on: "If the instrument is not recorded. the mortgage
after a thorough, personal and individual investigation is nevertheless binding between the parties. "76
conducted by a competent body of psychiatrists and social
scientists.n Natural the establishment Of civil government and a there rises a
conceptual distinction between natural rights gnd

Natural Law
a Phippnes. Inc vs. Diocares. 29 SCRA 656. September 30, 1969; C&en and
Natural Jaw theory proposes that there is a link or Coren. Read:ngs in Junsprudenæ and Legal Philosophy, p. 102 (1251) ctng
relationship between concepts of law and morality. it stand%, Chef Just* Marsha" in Sturges vs. Crowninshield, 4 Wheat
one can fully appreciate the nature of law through a necessary •.22 ardChief Etce Tarey un Charles River Bridge vs. warren Bridge
reference to established precepts of morality
•a. Oocares, 29 SCRA 656, September 30, 1969.
Marti0Z. Lotto! Annotation Undor Porngrapti 3 Of Artbdo 336 Of novi%0d
PonaJ cod", 95 OCRA 652, January
Restatement o! Z the SCRA Law 656. on Contracts, September p. I 30.
Marti0Z. Lohol Annotation Rapo Untjgr Paragraph of Arteo Tho Rovi%0d
(1932b1969'
Ponal Cod". WRA January 2b, 1900. ftoport Comrnt%lon. XVI SCRA 656. September 30. 1969, CWtl Code provedeø• •In
CJ . add:tjon to the requiStES Z". tndzvet%ble. in Older that a
rnortgage may be vabdW
 appears recorded In the Regt%try " Separate Justice Puno, Republic vs. Sandganbayan. 407 SCRA to.
tre mortgage is nevertheless My 21.2003
brndtrg
"GRNo 104768

32 39
civil rights, difficult though 10 define their scope and delineation. — With of the order. Through
the establishment Ofcivil government and a constitution, there arise' a
conceptual distinction between natural rights and civil rights, difficult
of unexplained
though to define their scope and delineation. Il has been proposed that
natural nght; are rights that "appertain to man in right of hrs exp,'ence." an AFP
These tuae fundamental rights endowed by God upon human beings. "all Anti-
those rights Of acting as an individual for his own comfort and happiness, wealth of military personn
which are no! injurious to the natural rights ofothers." On the other hand,
cictl rights are those that "appertain to man in right of his bang a member on July 27, 1987, the AFP Board issues a and findings
of soctety." These rights, however, are derivedfrom the natural rights Of on Ramas' alleged ill-gotten wealth, evidenced showed that Ramas
Individuals •%VIan did not enter into wciety to become worse off than ke owns various Affidavits submitted by the members of the
was before, nor to have fetver rights than he had before. but to have those
rights better secured HIS natural rights are thefoundation Ofall his rights." units disdmed that Elinbeth Dimaano
Crvil rights. in tht3 sense, were those natural rights — particularly rights to is the mistress of General The Board then cmducted «arches in the
secunty and protection — which by themselves. individuals could not premiS6 that time Dirnaano was not in her house, and found
safeguard, rather requiring the collective support Ofcivil soaely and communication equipment and facilities which belongs to the
government. Thus. it is said: "Every civil right has for its foundation. Some military, al*' the board confiscate money amounting to 50"). The
natural right pre-aisting in the individual, but to the enjoyment of tvhtch board believes that the items could not have been in the p«æessi for
his individual power is not, in all cases, sufciently competent. "77 Rarnas. It is recommended that Ramas be prosecuted and tried for
violation of Anti-Graft and Corruption Practjct',
Republic Ofthe
Philippines vs. The petitioner wants the Court take judicial notice that thc
Sandiganbayan7B
raiding after team the sucossful conducted EDSA the search
This is a petition for certiorari gehng to set aside the revolution. and seizure,The
Resolutions of the Sandiganbayan dated November 18,
1991 and 25, 1992 which dismissed the petition to amend five days crmfenf:on of the petitioner that a tionary govemrnent was
complaint and ordered the returned Of the confiscated items operative at that time, and such the operation of 1973 Constitution
to respondent Eliübeth Dimaano while the second which guaranteed prjvate rMjndents exclusionary right is withheld.
Resolution denied petitioners Motionfor Reconsideration.
Was the garth conducted in the house Of Dintaano lep!,
right agairr,t unreasonable search and *Urcre?
President Corazon Aquino immediately upon
assuming office in Malacanang issued Executive No.
I (EO No. 1) creating the Presidential Commission on Ihe wardi anducted by the team is valid. The
Good Governance (PCGG). The Commission's indicated and in 9izure warrant is valid but as not to the With specific the
primary task is to recover all ill- gotten wealth of moneyitems
Forrner Prßident Ferdinand Marcos, his relatives,
subordinatß and clcse ass«iatß. The PCGG had its which i' excluded in the search warrant. of the petitioner
power to @nduct investigation as may be necessary are affirmed by the Court, at the time of the search there exist a
in ordér to accomplish and carry out the purposes Of revolutionary government bound by no constitution. NO
this order and the power to promulgate such rulß and
regulations as may be the S*izure 1973 Qnt%titution.orders as violative of the
f%l' of provided in
 h' to the Opinv»n of Justice Punt)
right has for its foundation, some natural right pre-existing in
disagreed with the that the private respondent the individual, buf 10 the enjoyment of which his individual
power is not, in all cases, sufficiently competent. "19
40
cannot invoke the right against unreasonable search
and seizure and the exclusionary right. Justice Puno
uses the natural Jaw point of view in explaining his Republic vs Sandiganbayan, 407 SCRA 10, Juty 21.2003
position in the said matter. He states that natural law
theory, the emphasis was placed on moral duties of 41
man-both rulers and subject rather than on rights of
the individual citizen, this developed theory gives
particular emphasis to the individual and his natural which is
rights. He then states that the right to be safe and
protected is part of the natural right of a person, Thus
Dimaano can invoke the right against unreasonable opposed to all forms of
search and seizure, it is her natural right. Human
beings has a natural right to life, liberty and property constituted by,
which can exercise regardlss of existing or
nonexisting laws and irrespective of the will or lack
of wiJl of the governments.

Thus, the High Court observed that — With the

thnx' theoretical o»tnmitmcnts:
establishment of civil government and a constitution, there
It asserts that SocialFact Thesis
arises a conceptual distinction between natural rights and civil
legal
rights, difficult though to define their scope and delineation.
Tt has been proposed that natural rights are those rights that function of certain social
"appertain to man in right of his existence." These were facts. fmm Bentham,
fundamental rights endowed by God upon human beings, "all
those rights of acting as an individuat for his own comfort and John Austin (1995) argues that the
happiness, which are not injurious to the natural rights of pnncipal distinguishing feature of a legal
others. On the other hand, civil rights are those that "appertain is the of a sovereign who
to man in right of his being a member of society." These L<habitually obeyed by most people in
rights, however, are derived from the natural rights of the society, but not in the habit of
individuals since: "Man did not enter into society to become obeying any determinate human superior.
worse off than he was before, nor to have fewer rights than he On Austin's a rule R is legally valid (that
had before, but to have those rights better secured, His natural is, is a law) in a society S if and only if R
rights are the foundation of all his fights. " Civil rights, in this is commanded by the sovereign in S and
sense, were those natural rights — particularly rights to is backed up with the threat of a sanction.
security and protection — which by themselves, individuals The relevant social fact that confers
could not safeguard, rather requiring the collective support of validity, on Austin's view, is
civil society and government, Thus, it is said: "Every civil
 promulgation by a sovereign willing to necessary truth that laws reproduce or
impose a sanction for noncompliance;S1 satisfy certain demands of morality,
though in fact they have often done
(b)The Conventionality Thesis• — It so."" Insofar as the object-level
proposes that it is a conceptual truth interpretation of the Separability Illesis
about law that legal validity can denies it is a necessary truth that there
ultimately be explained in terms of are moral constraints on legal validity, it
criteria that are authoritative in virtue of implies the existence of a possible legal
some kind of social convention. Thus, for system in which there are no moral
example, H.L.A. Hart (1996) believes the constraints on legal validity.84
criteria of legal validity are contained in a
rule of recognition that sets forth rules for The Social Fact Thesis (which is also known as the
creating, changing, and Pedigree Thesis) asserts that it is a necessary truth that legal
validity is ultimately a function of certain kinds of social
'Natutatstc Eastemotogy• by Chase B. Wrenn, The Intemet Encyclopediaof facts. The Conventionality Thesis emphasizes lavs's
Phroscpty, ISSN 2161-0002. https•flwww.iep.utm.edu/, Accessed I March 2020 conventional nature,
E' Epstemology.• by Chase B Wrenn. The Internet EncyclOP%20
Pt•dosopty. ISSN 2161-0002, https•l/wvay iep.utm.edu/, Accessed 1 March
82 •Naturalistic Epistemology,' by Chase B. Wrenn. The Internet Encyclopedia
of
Philosophy, ISSN 2161-0002, httpsJMww.iep.utm.edu/.Accessed 1 March 2020
42
OCiÜngHart 1994, pp 181.82
adjudicating law. On Hares view, the
rule Of recognition is authoritative in "Naturalistic Epistemology," by Chase B. Wrenn. The tnternet Encyc'cped;a
virtue Of a convention among officials cf ISSN 2161-0002. httpsMNyww.iep.utm edu/. Accessed 1 March
2020.
to regard Its criteria as standards that
govern their behavior as officials.
43
While Joseph Raz does not appear to
endorse Hart's view about a master rule rise to legal validity are
Of recognition containing the criteria social facts givingkind of social
Of validity, he also believes the validity convention. The
criteria are authoritative only in virtue
of a convention among officials*2 and claiming that the of some eral level, simply denies

(c) The Separability Thesis — This is Sepr,ll'ility Thesis, at the most according gen to the Separability
more commonly interpreted as making
only an object-level claim about the there is no conceptual overlap between the notions
existence conditions for legal validity. of law and morality.S5 of non-suability
As Hart describes it, the Separability recognized in this
Thesis is no more than the "simple
jurisdiction even prior to the effectivity of the Constitution is a
contention that it is i" no sense a
logical corollary of the positivist concept of law which to paraphrase
 Holmes negates the assertion of any legal right as against the state, and prelious as much to wise and benign rule as to stupid
in itself the source of the law on which such a right maybe and galling tyranny. "83
predicated. Nor is this all. Even if such a principle does give rise to
problems considering the vastly expanded role of government More than a century before Austin, Thomas Hobbes
enabling it to engage in business pursuits to I already generally recognized the concept of law in terms of
welfare, it is not obeisance to the analytical legal positivism. Hobbes advanced the idea that it is
school of thought alone that calls for its continued applicability. Why
improbable for any statute to be unjust. In his Leviathan,
it must continue to be so, even if the matter be viewed sociologically,
was set forth in Providence Washington Insurance vs. Republic thus: Hobbes wrote that "before the names ofjust and unjust Can
"Nonetheless, a continued adherence to the doctrine of non-suability take place, there must be some coercive power to compel
is not to be deplored for as against the inconvenience that may be
men equally to the performance of their
caused private parties, the loss of governmental efciency and the
obstacle to the performance of its multifarious functions are far Covenantscommonwealth. . . . and " Austin such power
greater if such a fundamental principle were abandoned and the embedded there in is none his jurisprudence before the
availability ofjudicial remedy were not thus restricted. With the well
creation the ideaof a of Thomas Hobbes. Both were
known propensity on the part of our people to go to court, at the least
provocation, the loss oftime and energy required to defend against perplexed by the fact that there are rules of action that are
law suits, in the absence of such a basic principle that constitutes such morally desirable but are not enacted into laws."'
art effective obstacle, could very well be imagined. "86
Positivism and the Separation Thesis
According to Nitafan — Sir John Austin, one of the well*
known positivists, laid down the distinction between positive What may be right, may not be moral.
law and natural law, contradicting Blackstone's Commentariö

•Naturahstc Eptstemology,• by Chase B Wrenn, The Intemet Encyclopediaof 87 Nitatan. David. Annotation. Justice (A Philosophical Perspectjve). 208
Ftthsopny. ISSN 2161-0002. https•l/www iep.utm.edu/, Accessed Mardi SCRA 617, May 08, 1992

o Nita'an. David. Annotation Justice (A Philosophical Perspective). 208

SQertartd General Insurance vs. Republic, 32 SCRA 227 (1970) SCRA 617. May 08. 1992; citing Lectures on Jurisprudence, 215-216
(Library of Ideas, ed
44
Of the Laws Of England, that positive law is void if it not Nitafan, David Annotation. Justice (A Philosophical Perspective), 208 SCRA
in accordance with the natural law. In one of his lecture, 617, May 08. 1992
Austin formulated"
"What appears pernicious to one person may 45
appear beneficinl to another . . To prove by pertinent the foundation Of legal
reasons that n law is pernicious is highly useful, because post
such process may lead to the abrogation of the pernicious
law. To incite the public to resistanæ. , . may be ugful,for
resistance grounded on clear and definite prospccts of good •tiVism
is sometimes beneficial. But to proclaim generally that all
Sep
laws which are pernictous or contrary to the will ofGod are
arability the conceptually distinct.q ability Thesis is interpreted as
void and not to be tolerated, is to preach anarchy, hostilc
 Although greatly reduced in influence with the
advent of positivism, natural law is still considered a
making only an object-level claim about the existence conditions for necessary intellectual opposition to totalitarian theories
legal validity. AS Hart describes it, the Separability Thesis is no more
than the "simple contention that it is in no sense a necessary truth that
of modern governance particularly in the aspect of
lavs rcpmduct, or satisfy certain demands of morality, though in fact human rights. Though most of our notion of human
they have often done so ".91 interpretation of the Separability Thesis rights have already been transcribed and written down
denies it is a necessary truth that there are moral constraints on legal in various statutory enactments, including the
validity, it implies the existence of a possible legal system in which fundamental law, it seems that our universal concept of
there are no moral constraints on legal validity.92
human rights Cannot fully be appreciated if the same are
Though all positivists agree there are possible legal systems confined within statutory pronouncements. One's
without moral constraints on legal validity, there are conflicting views humanity, after all, cannot be summarized within an
on whether there are possible legal systems with such constraints. encapsulated statute.
According to inclusive positivism (also known as incorporationism
and soft positivism), it is possible for a society's rule of recognition to Modern Theories
incorporate moral constraints on the content of law. Prominent
inclusive positivists include Jules Coleman and Hart, who maintains Legal Realism
that "the rule of recognition may incorporate as criteria of legal
validity conformity with moral principles or substantive values such
as the Sixteenth or The legal realist movement was inspired by John
Chipman Gray and Oliver Wendall Holmes and reached
its apex in the 1920s and 30s through the work of Karl
Llewellyn, Jerome Frank, and Felix Cohen. The realists
eschewed the conceptual approach of the positivists and
naturalists in favor of an empirical analysis that sought
E •Naturahstc Epstemology,• by Chase B. Wrenn, The Internet to show how practicing judges really decide cases.94
Encyclopedia 01 The realists were deeply skeptical of the ascendant
Phdosophy ISSN 2161-0002, https•J/www iep.utm.edu/. I March 2020
•Naturalistic Epistemology.' by Chase B. Wrenn, The Internet notion that judicial legislation is a rarity- While not
Encyclopedia 01 entirely rejecting the idea that judges can be constrained
Philosophy. ISSN 2161-0002. https•/twww.tep.utm.edu/, 1 March 2020; citing by rules, the realists maintained that judges create new
Han 1994. pp 181-82
law through the exercise of lawmaking discretion
W'Natura%stc Epstemobgy.• by Chase B Wrenn. The Internet considerably more often than is commonly supposed. On
Encyclopedia their view, judicial decision is guided far more
ISSN 2161•00@https•J/www iep,utm edu/, I March 2020 of
46
frequently by political and moral intuitions
Nineteenth Amendments to the United States Constitution
respecting the establishment ofreligion or abridgements ofIhe right
93 "Naturalistic Epistemology." by Chase B. Wrenn. The Internet Encyclopedta
to vole""
of
Philosophy. ISSN 2161-0002, https:/twww.iep.utm.edu/, 1 March 2020: Citing
Hart 1994, p. 250
04 •Naturalistic Epistemology: by Chase B. Wrenn, The Internet 265 Phil 56 (1937)
Encyclopedia of Philosophy. ISSN 2161•0002. https:/twww iep.utm.edu/,
1 March 2020: see Lenor 1998 48
might have deemed necessary to promote the ends of
public welfare if the equal protection guaranty were
47 madc to constitute an insurmountable obstacle.
(instead Of by legal rules) than
about the facts of the case theorieslike positivism and A similar sense of realism was invariably displayed by
naturalism acknowledge.95 Justice Frankfurter, as is quite evident from the various citations
from his pen found in the majority opinion. For him, it would be
•cal matter, legal realism arose in response to a misreading Of the equal protection clause to ignore actual
conditions and settled practices. Not for him the at times
legal formalism, a particular model of legal reasoning that assimilates academic and sterile approach to constitutional problems of this
legal reasoning to syllogistic reasoning. According to the formalist sort. Thus: "It would be a narrow conception Of jurisprudence
model, the legal outcome (that is, the holding) logically follows from the to confine the notion of 'laws' to what is found written on the
legal rule (major premise) and a statement of the relevant facts (minor statute books, and to disregard the gloss Which life has written
premise). Realists believe that formalism understates judicial lawmaking upon it. Settled state practice cannot supplant constitutional
abilities insofar as it represents legal outcomes as entailed syllogistically
by applicable rules and facts. For if legal outcomes are logically implied
guaranties, but it can establish what is state law. The Equal
by propositions that bind judges, it follows that judges lack legal Protection Clause did not write an empty formalism into the
authority to reach conflicting outcomes.% Constitution. Deeply embedded traditional ways of carrying out
state policy, such as those Of which petitioner complains, are
From the modern realist school of jurisprudence, the end or often tougher and truer law than the dead words ofthe written
purpose of the law remains social in nature for it is found in the text. "99 This too, from the same distinguished jurist: "The
society of the individual members that compose it. Justice Holmes Constitution does not require things which are different in fact
in his path of the Law, said that the life of the law has not been or opinion to be treated in law as though they were the same.
logic; it has been experience." "100
It may not be amiss to recall to mind. however, the language
of Justice Laurel in the leading case of People vs. Vera,98 to the Since under our Constitution, judicial review exists
effect that the basic individual right of equal protection "is a precisely to test the validity of executive or legislative acts
restraint on all the three grand departments of our government and in an appropriate legal proceeding, there is always the
on the subordinate instrumentalities and subdivisions thereof, and possibility Of their being declared inoperative and void.
on many constitutional powers, like the police power, taxation and Realism compels the acceptance of the thought that there
eminent domain." Nonetheless, no jurist was more careful in could be a time-lag between the initiation of such
avoiding the dire consequences to What the legislative body Presidential or congressional exercise Of power and the
final declaration of nullity. In the meanwhile, it would be
*Naturalistic Epistemology," by Chase B. Wrenn, The Internet Encyclopedia Of Philosophy, productive of confusion, perhaps at times even of chaos, if
ISSN 2161-0002. https•]/www.ieputm.edu/, 1 March 2020. the parties affected were left free to speculate as to its fate
•Naturalistic Epistemology,' by Chase B. Wrenn, The Internet being one Of doom, thus leaving them free to disobey it in
Encyclopedia Of Philosophy, ISSN 2161-0002, https://www.iep.utm.edu/, the meanwhile. Since, however, the orderly processes of
1 March 2020. 9' Nitafan. David Annotation: Justice (A Philosophical government, not to mention common sense, requires that
perspective), 208 SCRA the presumption of validity be accorded an act of Congress
or an
n Nashville. C. & st. Railway vs. Browning, 84 Led 1254, 1258 [19401 of constitutional questions — like those pogd before Cs — +ee
Gomez vs. Palomar. 25 SCRA827 (1968) blending of idealism and practical wisdom or

49
vs. Bento. 27 SCRA 533
'ould be less than fair, and it may be [19691

order of theof injusti& fter, if no it notice is stricken of its down c' Management the Ftntppne-Amencan &
existence as contrary, as a fact in thebe Enanang Management Co.. Inc. vs.
Manageme<&

case of presidential act, either to the Constitution or a

sc
controlling statute. The now far-reaching render calls, import to
progressive legal realism should be applied.1C3 To Justice
my inmind, for an articulation of Frankfurter, law is a practical wisdom which legal thinkers
prefer to identify as progressive legal realism. The national
leader, who wields the powers of government, must and has to
illustration, to paraphrase standing Dean still. That pound, is as innovate if he must govem effectively to serve the supreme
interests of the people. This is especially true in times of great
of it the ought law to being be; that stableis and vet far from
crises where the need for a leader with vision, imagination,
how law grows. It is in that sense that the judicial process is
capacity for decision and courageous action is greater, to
with creativity, •tself admittedly is to hold fast within to the preserve the unity of people, to promote their well-being, and
limits appropriaterather to insure the safety and stability of the Republic-IN Then, too,
narrowly confined. That far in 1from insignificant as our it does not approach constitutional questions with dogmatism
decision role of the judiciary, te concurring opinion, which, I or apodictic certainty nor view them from the shining cliffs of
perfection. is not to say though that it is satisfied with an
disclose. Henæ, this separa make manifest why my
empiricism untroubled by the search for jural consistency and
agreement with what Justice Castro ad so ably expressed in the
rational coherence. A balance has to be struck So juridical
opinion of the court is wholehearted and entire.
realism requires. Once allowance made that for all its care and
circumspection this Court manned by human beings fettered
Nonetheless, a of realism compels the admission by fallibility, nonetheless earnestly and sincerely striving to do
frat at times the line has been wavering or blurred. This is only right, the public acceptance of its vigorous pursuit of the task
to recognize, as was pointed out by Justice Cardozo, that of assuring that the Constitution be obeyed is easy to
paidical conceptions are eldom, if ever, carried to the limit of understand.
their logic. For there are countervailing policy considerations.
Often. they a stronger claim to judicial approbation.102
the It conjectural would be to if disregard on the above
Its terms must be construed in the context of the realities
in ere life of a nation it is intended to serve. Because experience the counsel facts he of realism would and be deniedto
may æach one generation to doubt the validity and efficacy of the rely
concpts embodied in the existing Constitution and persede on exculpation. The test of rationality is not what a man
another generation to abandon them entirely, heed syculd be paid should do under normal drcumstances and with time for
to the wise counsel of some learned jurists that in the resolution cool reflection present. It is rather how an individual in
such dire situation, with the grim prospect of the loss of
life, would react. The law wisely takes into consideration consistency and stability to the law" by which lawyers and
the well-nigh irresistible force of the instinct of self- litigants may know the law in concrete controverted cases,
preservation. Ihis Court, from the previously cited case of thus:10S
United States vs. Patala promulgated in 1901, to People
vs. Boholst-CabaIIero, a 1974 decision, has been "In his famous essay, the path of the Law, Justice Oliver
Wendell Holmes defined law as a prediction of what the court
steadfast and unwavering in adherence to such a test of will do.
rationality. There is no justification for a departure from
such a norm.1C5 -The prediction is based on precedents. The governing
prirxip!e, which has given consistency and stability to the law,
is stare decisis d non quieta movere (follow past precedents and
do not disturb what been settled).
See Alexander M. Bickel. the Suprerne Court and the Idea of Progress 1970 ed. pp
19-21 -The oficials enforcing statutory law and regulations, the
lazyers and litigants seeking to know the law in concrete
Javellana vs. The Executive Secretary, 50 SCRA SO (19731

'z Artuz. 71 SCRA 116, May 26. 1976

Ancheta. 130 SCRA 654, July 25, 1984 citing Tigner vs. Texas
St 30 US 141.147119401
isdom, as w '"De (acruzvs CounofAppea1s,305 SCRA303. March 25, 1999
,s,ever, w equality at which the 'equal of
Luzon Brokerage Co Inc. vs. Maritime Building co., Inc., 86 SCRA 305
equality. The Fourteenth
1978
to abstract units A, B and C,
52
arising out of specific difficulties controærted cases, and the judges in adversary litigations.
should be well posted on precedents. "
Of specific ends by the use of specifi'c
Such precedents and jurisprudence of this Court form part
to the Gitäinment
of our legal system by force of the provision of Article 8 of the
The Constitution in law not require as though things they which new Civil Code that "Judicial decisions applying or interpreting
were theare different the laws or the Constitution shall form a part of the legal system
of the Philippines" and may not be lightly treated.l(B

path of INV non mover. stand by the decisions Two centuries of American case law will confirm
Prof. Consovoy's observation although Stare decisis
developed its own life in the United States. Two strains of
and disturb not what is settled.107
stare decisis have been isolated by legal scholars. The first,
In each volume of Supreme Court Reports Annotated
known as vertical stare decisis deals with the duty of lower
(SCRA). Chief Justice Castro's preface cites the governing courts to apply the decisions of the higher courts to cases
principle of precedents and stare decisis "which has given involving the same facts. The second, known as horizontal
stare decisis requires that high courts must follow its own
precedents. Prof. Consovoy correctly observes that vertical clear as if the judicial gloss drafted by Congress itself." This
stare decisis has been viewed as an obligation, while stance reflects both respect for Congress' role and the need to
preserve the courts' limited
horizontal Stare decisis, has been viewed as a policy, 111
imposing choice but not a command. Indeed, stare decisis is resources.
not one of the precepts set in stone in our Constitution. 110

It is also instructive to distinguish the two kinds of

horizontal stare decisis — constitutional stare decisis and
statutory stare decisis. Constitutional stare decisis involves
Reasons for Following and Refusing the Stare Decisis
judicial interpretations of the Constitution while statutory Rule.
stare decisis involves interpretations of statutes. The In general, courts follow the stare decisis rule for an ensemble of
distinction is important for courts enjoy more flexibility in reasons, viz.: (I) it legitimizes judicial institutions; (2) it
refusing to apply stare decisis in constitutional litigations. promotes judicial economy; and, (3) it allows for predictability,
Justice Brandeis' view on the binding effect of the doctrine Contrariwise, courts refuse to be bound by the stare decisis rule
where (I) its application perpetuates illegitimate and
in constitutional litigations still holds sway today. In
unconstitutional holdings; (2) it cannot (3) accommodate it
soothing prose, Brandeis stated: "Stare decisis is not a leaves the power changingto social and political understandings;
universal and inexorable command. The rule Ofstare decisis overturn bad constitutional law solely in the hands of Congress;
is not inflexible. Whether it shall be followed or departed and, (4) activist judges can dictate the policy for future courts
from, is a question entirely within the discretion of the court, while judges that respect stare decisis are stuck agreeing with
them.112
which is again

Finally — An examination of decisions on stare decisis in

Luzon Brokerage Co., Inc. vs. Maritime Building Co., Inc., 86 SCRA major countries will show that courts are agreed on the factors
305. November 16. 1978 that should be considered before overturning prior rulings These
ale workability, reliance, intervening developments in the law
Lambtnovs. Comrrussion on Elections, 505 SCRA 160, October 25.2006
and changes in fact, In addition, courts put in the balance the
following determinants: closeness of the voting, age Of the prior
53 decision and its merits. The leading case in deciding whether a
court should follow the stare decisis rule in constitutional
litigations is Planned Parenthood vs, Casey, established a 4-
decided." In the same vein
pronged test. The court should (1) determine
the venerable Justice is Frankfurter Constitution

opined: itselfa„d "the ulti,natewhat we Lambino vs. Commission on Elections, 505 SCRA 160, October 25, 2006

Lambtno vs Commission on Elections, 505 SCRA 160, October 25, 2006

it." In contrast, the application of stare decisis on judicial
interpretation of statutes is more inflexible. As Justice Stevens 54
explains: a construed, either by this court by a course Pfdccisio,j whether the rule has proved to be intolerable simply in
by other federal judges and agencies it acquires a should be as defying practical workability; (2) consider whether the
rule is subject to a kind Of reliance that would lend a 55
go
special hardship to the consequences of overruling and to avoi an encounter %d one therefore for wishingyou can see
add inequity to the cost Of repudiation; (3) determine the practical between morality and law. A man ethical rule which
whether related principles of law have so far developed as
is believed and is likely nevertheless to care a good to avoid
to have the old rule no more than a remnant of an
abandoned doctrine; and, (4) find out whether facts have made to pay money, and will want to keep
so changed or come to be seen differently, as to have deal out of jail ii he
robbed the old rule of significant application or an.
justification. 113
1 do not say that between there is not law a wider and morals
Bad Man TJ1eory point of becomes view fromof
no importance, as all mathematical distinctions of
According to USLegal — the Bad-man theory is a the infinite. But I do say that that for the object which we are
jurisprudential doctrine or belief, according to which a distinction is of the first right importancestudy and mastery of
bad person's view of the law represents the best test of the law as a
what exactly the law is because that person shall
carefully and precisely calculate what the rules allow and bustss with well understood limits, a body of dogma enclosed
operate up to the rules' limits. This theory is also known within definite line. I have just shown the practical reason for
as prediction theory. This theory was first adopted by saying so. If you want to know the law and nothing else, you must
Oliver Wendell Holmes who mentioned that a society's look at it as a bad man, who cares only for the material
legal system is defined by predicting how the law affects ccreequenæ which such knowledge enables him to predict, not as a
good me, who finds his reasons for conduct. whether inside the
a person, as opposed to considering the ethics or morals
law or outside of it, in vaguer sanctions Of conscience.
underlying the law. Under this theory, the prediction is
theoretial importance of the distinction is no less, if you would on
done by viewing the law in accordance with a bad man's your subject aright. The law is full of phraswlogy drawn from
point of view who is not bothered about morals, Such a morals, and by the mere force Of lang-cage continually invites us
person is unconcerned with acting morally. Instead, such to pass from one domain to the other without perceiving it, as we
a person would be concerned about the degree of are sure to do unless we have ffe boundary constantly before our
punishments certain acts will incur by the public force of minds. The law talks about ard duties, and malice, and
law.114 intent, and negligence, and so forth, and nothing is easier, or, I
may say, more common in legal reasoning, than to take these
The first thing for a businesslike understanding of the words in their moral sense, at some state cf the argument, and so
matter is to understand its limits, and therefore I think it to drop into fallacy.
desirable at once to point out and dispel a confusion between instance, when we speak of the rights of man in a moral sense, we
morality and law, which sometimes rises to the height of mean b mark the limits of interference with individual freedom
conscious theory, and more often and indeed constantly is which we think are prescribed by conscience, or by' our Idea},
however reached. Yet it is certain that many laws
making trouble in detail without reaching the point of
consciousness. You can see very plainly that a bad man has as

Lambino vs. Cornrrusslon on Elections. 505 SCRA 160, October 25, 2006
Pan 01 the Law'. 10 Harvard Law
https•//detlnitions.uslegal.comWbad-man•theory/Accessed 1 March 2020
 Stavropoulos Nicos •tnterprettnst Theories of Law', The Star%td
5 Encyci#eda of Pm:oøphy (Fa0 20æ Ed.'ton). Edward N Zdta (ed
Accezed
been enforced in the past, and it is likely that some are Mare-12020
enforced now, which are condemned by the most en-
lightened opiruon of the time, or which at all events pass
the limit Of interference, as many consciences would draw 57
it- Manifestly, therefore, nothing but confusion Of thought Interpretivism claims that agenvalues ts and justify
Can result from assuming that the rights of man in a moral institutions the precise have
sense are equally rights in the sense of the Constitution and
the law. No doubt simple and extreme Øses can be put of kindand t
imaginable laws which the statute-making power would not , that di¯which their decisions and other
dare to enact. even in the absence of written constitutional
prohibitions, because the community would rise in determine that may turn out dedsion-making alone determine our
rebellion and fight; and this gives some plausibility to the
proposition that the law, if not a part of morality, is limited duties). Although the interpretiVist accepts that propositions of
by it. But this limit Of power is not coextUISive with any law
System Of morals. For the most part it falls far within the
lines of any such system. and in some cases may extend sensitive to what a political community historically decides; and
beyond them, for reasons drawn from the habits of a he also accepts that, more abstractly, law is dependent upon
particular people at a particular time. I once heard the late certain political practices of a community, including legislation
Professor Agassiz say that a German population would rise
decisions and practices the grounds of propositions of law is the
if you added two Cents to the price Of a glass of beer. A
normative fact that it is good that they should be such grounds The
statute in such a case would be empty words. not because it
interpretivist says that it is in virtue of the fact that our rights and
was wrong. but because it could not be No one will deny duties ought to flow from past political decisions that they flow
that wrong statutes can be and are enforced, and we would from them; or that, more abstractly, legal duties ought to be
not all agree as to whiå were the wrong ones-Eb determined by social practices that they do. And he thinks that
they ought to be determined by such decisions and practices
Legal Interpretivism because doing so serves certain political virtues such as fairness
and procedural justice. The interpretivist says that a fuller
Interpretivism is a thesis about what determines articulation of these virtues and of their connecüons with other
legal rights and duties, i.e. what makß it the that the law political values would yield a more detailed account Of the
requires what it does. As such, it is a thesis about nature of precise way in which the practices determine legal duties.i18
law. questions can be formulated in terms of the grounds of
propositions of In our predisposition to discover the "original intent" of a statute, courts
become the unfeeling pillars Of the status quo. Little do we realize that statutes or
cen constitutions are bundles Of compromises thrown our way their framers. unless
tee exerci* vigilance, the statute may already be out Of tune and irrelevant to our
day.

Call it what it may — but is there no conflict Of legal policy

Ceter Wenden Holmes. Jr.. Pat' o' tre Law' 10 Harvæd Law Retaew
457 (1897)
 Dollar against Peso? Upholding thefinal and executory judgment of the court The Supreme Court, in so ruling the case,
against the Central Bank Circular protecting the foreign depositor? Shielding or applied the Interpretative Approach. The Court looks at
protecting the dollar deposit Ofa transient alien depositor the intent of the law. The Supreme Court pronounced the
following words — "In fine, the application Of the law
depends on the event Of its justice. Eventually, if tee
rule that the questioned Section 113 of Central Bank
Stavropoulos. Nicos. "Interpretivist Theories of Law", The Stanford
Encyclopedia of Philosophy (Fall 2008 Edition). Edward N. Zalta (ed.). URL s
Circular No. 960 which exempts from attachment,
garnishment, Or any Other order or prOCeSS Of any
Acce court. Legislative body, government agency or any
administrative body whatsoever, is applicable to a
<httpsjtplato foreign transient, injustice would result especially to a
1 March 2020. citizen aggrieved by a foreign guest like accused Greg
Bartelli. This would negate Article 10 of the New Civil
58 Code which provids that "in case Of doubt in the
injustice to a national and victim of a crime? This situation calls for fairness interpretation or application Of laws. it is presumed that
against legal tyranny. the lawmaking body intended right and justice to
prevail". Respondents were required to

Salvacion vs. Central

Bank Ofthe Philippines119

27B SCRA 27. August 21, 1997

Karen Salvacion, then 12 years old. was
kidnapped and raped ten times by an American
Tourist in The accused was arrested and detained
59
however he was able to 6caped from jail. In civil
case for damagß filed against the defendant
American Tourist, the court, upon plaintiffs'
application and filing of a bond, issued a writ of happen
preliminary attachment. When the Sheriff served a
and to release to
Notice of Garnishment on China Bank against the
foreign account of the accused-defendant, the respondent ed to
bank invoked Section 113 of Central Bank anybodys
Circular No. 960 prohibiting any attachment, If Karen s be difficult for him to fathom how the
execution, and other court processes against any
own kin. itwould curren" deposit could be more
foreign currency deposit. This view was
corroborated by the Central Bank, applying incentive t for foreignhis child'S righb to said award
philcsophical theory on positivism (positivist of import-an . case, the victim's claim for damages
approach). The lower court ruled in favor of the damages; who had the gall to wrong a child of
plaintiffs. from this alien years of a county the flaw where in
the questioned he is a mere provisi01Evisitor.
Can the court garnish the foreign account Of the accused- This
defendant? tender further illustra t times show that the country But the
realities of the presen has recovered economically; and even if
The High Court held in the affirmative. not, the questioned law still denies those entitled to due process
of law for unreasonable and oppressive. The intention of the law
may be good when enacted. The law failed to anticipate the
 iniquitous effects producing outright injustice and inequali9 such The was a court martial reporter in
as the ase before us.120 Army of US in a regular salary basis but was
later on changed to piece work arrangement It
It has thus been said that — during the latter's time when the acused was said
to have made false claims where he was charged
"But I that laws and institutions must go hand in with Estafa and Falsification of Documents. The
hand with the progress of the human mind. As that plea guilty in the crime of estafa but not guilty
more heloped, more enlightened, as nav discoveriß are rude,
in the Falsification ases. The general court
new truths are disclosed and manners and opinions change
the change of circumstanco, institutions must adrar.ce alg,
martial ruled against him and sentence him of
and keep pace with the times We might as well requtre a imprisonment The Commanding General as
man to std! the cait Which fitted him when a fry, civilized to reviewing authority disapproved verdict upon
remain wer under the regimen of t;zir barbarc:cs ancßtors. the sole ground that the accused was not subject
"122 to military• law and without prejudice to his trial
before a proper tribunal. When he was brought
to Quezon City for the accused set up the
plea of double jeopardy linked with the plea of
want of jurisdiction.

Was the defendant an employee cf the llr.iteå

States Army within the meaning of the United Stats
SCRA27,August21 '7 Mlitary Lac?
Sawaaon vs Centrd Bank of the Phitppines, 278 SCRA 27. August 21
1237. Thanas kerson. Dernoctacy. ed Saul K. Padover. (New Pengun 1346) p 171

vs ceru Bank the PMpptnes. 278 SCRA 27, August 21. 'Z Padila% Paella 74 Phd. 377

Retemng to Article of War 2. paragraph

Simply stated, when the statute is silent or
ambiguous, this is one Of those fundamental solutions 'Z 92 PM 534 January30.1953
that would respond to the vehement urge of
conscience.w 61
He could not be considered as serving the
"The article to bc strictly construed. This aritcle, in renting an
accptional jurisdiction over citllians, is to be stnclly construed and
Army divist and interpretative app" observed
confncå to the classes specified. A civil offender who is not certainly worked
Ifs terms cannot be subjected under it to a military trial in time of war as and amenable to daily control and
any more lcsality then he could be subjected to such a tnal m time Of
peace. As kcid by the Judge Advocate General, the mere fact of to be an integral part of the Army. As expressly
employment by the Government within the theatre ofwar doe not indicate in the Military Law and Precedents, "This article
bring the person withilt the cpplicahcn ofthe article. In seæral cases of strictly and confined to the classes specified. A military
public emplcyees brought to trul court during the late war the trial in time of war with any sübictted under it to a more
convictions were disapproved on the grc:tnd that it did not appear that legality.
at the time of their offenses they aere •serving with the army' in the
sense of this article. the Agreement, it should be noted, the Philippine
Government merely consents that the United States exercise
People vs. Aciertolü
 jurisdiction in crtain cases. The consent was given purely as a matter of purity serves as its "basic methodological principle. "128
comity, courtesy, or expediency. The Philippine Government has not Note that this anti-reductionism is both methodological
abdicated its sovereignty over the bases as part of the Philippine
territory or divested itself completely of jurisdiction over committed and substantive. Kelsen firmly believed that if the law is
therein. Under the terms of the treaty, the United States Government to be considered as a unique normative practice,
has prior or preferential but not exclusive jurisdiction of such offenses. methodological reductionism should be avoided entirely.
Philippine Government retains not only jurisdictional rights not But this approach is not only a matter of method.
granted, but also all such ceded rights as the United States Yfilitary
authorities for reasons of their own decline to make use of. The first
Reductionism should be avoided because the law is a
proposition is implied from the fact of Philippine sovereignty over the unique phenomenon, quite separate from morality and
bases; the second from the express provisions of the treaty. The treaty nature. 129
expressly stipulates that offenses included therein may be tried by the
proper Philippine courts if for any special reason the United States The neo-positivist Hans Keisen130 proposed to
waives its jurisdiction over them.126
seek only the "real and possible" justice (empirical) and
not the "ideal and ethical" justice, which is to be found
The carrying out of the provisions of the Bases Agreement is the
concern of the contracting parties alone. Whether, therefore, a given only in the politically
case which by the treaty comes Within the United States jurisdiction
should be transferred to the Philippine authorities is to a matter about
which the accused has nothing to do or say. In other words, the rights
granted to the United States People vs. Acierto 92 Phil. , 534 . January 30, 1953

129 Marmor. Andrei. "The Pure Theory Of Law", The Stanford

Phil., 534 , January 30, 1953
Encyclopedia 0t Philosophy (Fall 2008 Edition), Edward N. zaita
62 (ed.), URL <https://
by the treaty insure solely to that country and can not be Plato.stanford.edu/archives/fa112008/entriesnawphil-theoryB.
raised by the offender.lü Accessed 1 March 2020.

Professor of Law in the University ot Vienna

Pure Theory of Law

The idea of a Pure Theory of Law was 63

propounded by the formidable Austrian jurist and
philosopher Hans Kelsen (1881-1973). Kelsen began his
long career as a legal theorist at the beginning Of the 20th
century. The traditional legal philosophies at the time,
were, Kelsen Claimed, hopelessly contaminated with to him, following the paths of
political ideology and moralizing on the one hand, or with contentment."l the
attempts to reduce the law to natural or social sciences, on
law, according to
the other hand. He found both Of these reductionist
further observesNorms are 'ought' statements,
endeavors seriously flawed. Instead, Kelsen suggested a Marmor of norms.
'pure' theory of law which would avoid reductionism of
a system of conduct. Unlike moral norms
any kind. The jurisprudence Keisen propounded
"characterizes itself as a •pure' theory of law because it maintained that legal norms are created by
aims at cognition focused on the law alone" and this
 of They a re products legather of in a deliberate hall, which are "the fgcts of the of society is the highest good,
speak, human raise their action.hands, gyne string even when they ate by the government, Their objective i'
Of words. These are actions values common to ail the social interests. Adjustment of
conflicting and interests Of individuals must initially be
count them, and promulgate apecific time and space. To say
attempted at the table to mintmize or prevention Of
that
further and that balanced or Comprorrused are more likely
to remain in a state of social equilibrium, and thus more
what we have described here is the enactment of a law, is to and enduring, Jf cornprorm•«• is not postible, the must be
Keisen, however, firmly believed in Hume', submitted to the proper authority for deosion, and a
judgment that promotes many interests is preferable to
disttncticn 'is' and 'ough(, and in the impossibility of that whiÖ' promotes only one,' v,
•ought' from factual premises alone. Thu,
believed that the law, which is comprised of norms or Recommended Individual or
'ougW statements, cannot be reduced to those natural Group Reading and Reporting
actions and events which give to it. The gathering,
following legal art'des. Cases, annotations, news
speaking and raising of hands, 'ougw in statements, itself,
articles taken from various ••ources and internet sjtes may
is not and the as such, law; legal they norms cannotare
be as a contextual backdrop for in Individual or voup
and di«ussions, whenever appropriate or applicable
deduced from factual alone.}b
1. Gomezts. Palomar,25SCRA827119681;
from Nitafan's point of view, he notes that — from the
functional or gxi010%ic.aI «hool, with Montesquieu as its
opounder, the theory is that the law is a living thing and that its 2. Munictpality of Malabang vs. BenttO, 27
SCRA 533 (19691;

3. The Philtpptne Amencan Managemenl &

J inancing v', Management &
Association Of the Phdipp:ne-hmerican

I.C (171B)

i
is interrelated with the social environment
Ehrlich and Roscoe Pound were t}u: adherents of they
posit the theory law under the postulates Of natural law
inadequate in the adjustment and balancing of 'if •ociety