State :

it is a community of persons more or less numerous, permanently

occupying a definite portion of territory, independent of external control,
and possessing an organized government to which the great body of
inhabitants render habitual obedience.

People
As an element of a state, “people” simply means a community of persons
sufficient in number and capable of maintaining the continued existence of
the community and held together by a common bond of law. It is of no
legal consequence if they possess diverse racial, cultural, or economic
interests.

Territory
A definite territory, consisting of land and waters and the air space above
them and the submarine areas below them, is another essential element of
the modern state.

Government
Government, as an element of a state, is defined as “that institution or
aggregate of institutions by which an independent society makes and
carries out those rules of action which are necessary to enable men to live
in a social state, or which are imposed upon the people forming that society
by those who possess the power or authority of prescribing them

Sovereignty
Is the full right and power of a governing body over itself, without any
interference from outside sources or bodies.
Common Law
Common law system is based on the concept of judicial precedent. Judges
take an active role in shaping the law here, since the decisions a court
makes are then used as a precedent for future cases. Whilst common law
systems have laws that are created by legislators, it is up to judges to rely
on precedents set by previous courts to interpret those laws and apply
them to individual cases.

Civil Law
Rely on written statutes and other legal codes that are constantly updated
and which establish legal procedures, punishments, and what can and
cannot be brought before a court.

The main difference between the two systems is that in common law
countries, case law — in the form of published judicial opinions — is of
primary importance, whereas in civil law systems, codified statutes
predominate

Discuss what legal system the Philippines adopts

The Philippine legal system is a mixture of customary usage, Roman (civil
law) and Anglo-American (common law) systems, and Islamic law.
The legal system is the result of the immigration of Muslim Malays in the
fourteenth century and the subsequent colonisation of the islands by Spain
and the United States. The civil law operates in areas such as family
relations, property, succession, contract and criminal law while statutes
and principles of common law origin are evident in such areas as
constitutional law, procedure, corporations law, taxation, insurance, labour
relations, banking and currency. 
Classes of Statutes
Private laws govern the relations between members of a community.
Example: Civil law.

Public laws deal with the relations between the people and the
government. Example: Political law. 

A code is a compilation of existing statutes or laws scientifically arranged,

promulgated by legislative authority.

Special laws are individual statutes that are not intended to be a

comprehensive repository of the rules on a given subject.

Normally, the term “statute” is used generically to encompass all forms of

statutory law. But in its narrower sense it refers to “ordinary statutes, i.e.,
the laws passed by Congress as distinguished from a Constitution which is
the basic law of the land, which is in our jurisdiction is adopted by a
different process

Substantive – establishes rights and imposes obligations, e.g. Civil law

Procedural / Remedial – establishes the process by which the rights may be

enforced, e.g. the Rules of Court.

Municipal law – the law of a nation, “national law” (do not confuse with
municipal or city ordinance).

International law – the law of nations

 THE JUDICIAL PROCESS

TRIAL AND APPEAL

Phases of a case:

Pleadings –> Pre-trial –> Trial (of factual issues) –> Decision on

the merits (Final and appealable) –> Period of appeal –> Finality

of appeal or exhaustion of appellate remedies (Final and

executory) –> Execution.

Distinguish three (3) orders:

Interlocutory – An order that does not resolve the case on its merits.

Final and Appealable – An order or decision that disposes of the merits of the case.

Final and Executory – An order or decision that has become immutable and is now subject to
execution.

What happens when a decision or order of the supreme court has become final and
executory?

Res judicata sets in. An identical case cannot be re-litigated.

The judgment or order (fallo) is now immutable.

The order or decision (fallo) becomes the “law between the parties”.

The opinion supporting the decision (ratio decidendi) becomes precedence (stare decisis). It will
be binding in future analogous cases.

Effect if order or decision becomes final and executory at:

MTC – “law between the parties”

RTC – “law between the parties”

CA/CTA/ Sandiganbayan as appellate courts – “law between the parties” and “highly
persuasive” on future analogous cases.

SC – “law between the parties” and BINDING on a future cases. It becomes CASE LAW.

Notes : Stare Decisis requires courts to follow the rule established in earlier SC Decisions. The
Doctrine however, is not inflexible , so that when in the light of changing conditions, a rule has
ceased to be beneficial to the society , courts may depart from it.

Ratio Decidendi - ratio decidendi, or, simply, the ratio, that part of the decision that establishes
the reasoning or rationalè for the decision. The lawyer and judge understand that this is the
part of a decision that becomes part of the law of the land under the doctrine of stare decisis or
the rule on precedence.

Obiters – those parts of the case where the court gives an opinion which is not the ratio
decidendi but are mere “asides” on matters which may have or not have been raised by the
parties but are, at any rate, not essential for the disposition of the case.

Ratio decidendi i(reasoning behind the decision) is the opinion that is

necessary for the resolution of the main issue of the case. To determine if an
opinion is ratio and not mere dictum, determine if it has a directly logical
relation to the dispositive portion.

Obiter dicta are opinions of the SC on issues not necessary for the resolution
of the case and not raised by the parties. Judicial dicta are those not
necessary for the resolution of the case but are raised by the parties

Use the rule that the ratio is that opinion that is directly necessary for the
resolution of the case. All else are dicta.
The importance of this cannot be overstated. The ratio is that part of the
decision that constitutes stare decisis or precedence. Dicta, at best, are
merely persuasive; they are not binding precedent! It is the ratio that is
“part of the legal system”. It the ratio that constitutes case law!
Enumerate and discuss the functions of the three branches of the
government:
 The Legislative branch is authorized to make laws, alter, and repeal them
through the power vested in the Philippine Congress. This institution is divided
into the Senate and the House of Representatives.
 The Executive branch carries out laws. It is composed of the President and the
Vice President who are elected by direct popular vote and serve a term of six
years. The Constitution grants the President authority to appoint his Cabinet.
These departments form a large portion of the country’s bureaucracy.
 The Judicial branch evaluates laws. It holds the power to settle controversies
involving rights that are legally demandable and enforceable. This branch
determines whether or not there has been a grave abuse of discretion amounting
to lack or excess of jurisdiction on the part and instrumentality of the
government. It is made up of a Supreme Court and lower courts


Each branch of government can change acts of the other branches as follows:

 The President can veto laws passed by Congress.

 Congress confirms or rejects the President's appointments and can remove the
President from office in exceptional circumstances.
 The Justices of the Supreme Court, who can overturn unconstitutional laws, are
appointed by the President and confirmed by the Senate.

. Define original and appellate jurisdiction

there are three levels of court: trial, appellate, and court of last resort. Trial is self-
explanatory-- it's the basic level, where the action is first brought. Appellate is the next
level up, where the losing party at trial can appeal for a different result based on error in
the trial court's judgment. Court of last resort (often called the Supreme Court) is the
jurisdiction's highest court. The losing party in an appellate case can appeal to this
court, again basing the appeal on error in the appellate court's decision.
Define the power to settle actual controversies

Judicial power includes the duty of the courts of justice to settle actual controversies
involving rights which are legally demandable and enforceable, and to determine
whether or not there has been a grave abuse of discretion amounting to lack or
excess of jurisdiction on the part of any branch or instrumentality of the
Government. . The judicial branch interprets the meaning of laws, applies laws to
individual cases, and decides if laws violate the Constitution.