ART 8 Judicial Decisions applying or interpreting the

laws or the Constitution shall form a part of the

legal system of the Philippines.

Not laws but have the force and effect of laws

- The Court’s interpretation of a statute constitutes part of
the laws as of the date it was originally enacted
(prospective)
- A decision of an administrative body made prior to the
judicial declaration of the unconstitutionality of the grant
of authority to said administrative body can have no valid
effect.

Jurisprudence – the doctrines formulated by the

decisions of the SC; amplifies and supplements the written
law
- Decisions of the Courts of Appeals which cover
points of the law still undecided in the Philippines may
still serve as judicial guides
- May become doctrines after analysis and revision
by SC
- Decisions of lower courts do not become part of
jurisprudence no matter how sound and wise.

Requirements for Validity of Decisions (1987 Constitution):

- Necessary facts to warrant decision; not all pieces of
evidence
 - Resolutions are not decisions within the Constitutional
requirement

How Judicial Decisions May Be Abrogated:

1. By contrary ruling by SC
2. By corrective legislative acts of Congress
(prospectively)
- Congress cannot alter a SC interpretation of a
constitutional provision. They are allowed to define
terms used in a statute and these definitions become
part of the law

Secretary of Justice – opinions not law, but must be given

great weight; opinions cannot correct mistakes in
legislation; opinions do not have controlling effect on
Courts

Judicial Review of Administrative Decisions

- Findings of fact supported by substantial evidence should
not be disturbed
- Justified when there is: (1) denial of due process; (2)
mistake of law; (3) fraud, collusion, or arbitrary action in
the administrative proceeding;

When Final Judgments May Be Changed:

Generally, trial court cannot change, amplify, enlarge, alter,
or modify decision of an appellate court
 1. A judgment void for lack of jurisdiction over the subject
matter
2. After judgment has been rendered and finalized, facts
and circumstances transpire which render its execution
impossible or unjust

Barangay Courts:
- Confrontation between parties required (Sec 6 PD 1508)
- No jurisdiction is parties come from different
municipalities AND barangays are not adjacent to each
other

Res Judicata – based upon judgment

Stare Decisis – based upon the legal principle of rule involved

Stare Decisis – principle of adherence to precedents for

reasons of stability in law; lower courts are required to
follow the rules established in prevailing decisions of the
SC
- Cases involving the exact same points at issue should
be decided in the same manner = stability
Exceptions: (must be based only on strong and
compelling reasons)
- If a rule which has been followed as a precedent is
found contrary to law; the law is higher than the
precedent
 - If it has ceased to be beneficial and useful to
society in light of changing conditions
It is unethical for lawyers to cite decisions which have already
been overruled.

Vertical Stare Decisis – lower courts to apply decision of

higher courts (OBLIGATION)

Horizontal Stare Decisis – high courts must follow their own

precedents (POLICY; choice not command)
In order to be considered a precedent, facts must be similar
or analogous.

Obiter Dictum – an opinion expressed by a court upon some

question of law which is not necessary to the
decision of the case before it; a remark; an opinion
expressed by a judge; a “by the way”
- Not binding as precedent

Factual Finding – when a matter has clearly been questioned

or raised as an issue and touched in the decision
when a conclusion was presumed
ART 9 No judge or court shall decline to render
judgment by reason of the silence, obscurity or
insufficiency of laws.

Art 9 is applicable only to civil cases.

(1) When no law is applicable

(2) When law is obscure or vague and insufficient

Judge is enjoined to render a decision. He may apply any rule

he desires as long as the rule chosen is in harmony with
general interest, order, morals, and public policy:
1. Customs which are not contrary to law, public order,
and public policy
2. Decisions of foreign and local courts on similar
cases
3. Opinions of highly qualified writers and professors
4. Rules of statutory construction
5. Principles laid down in analogous instances (provision
of a law governing another matter may be applied
where the underlying principle or reason is the same)

When laws are clear, the court cannot adopt a policy

different from that of the law. No matter how hard the law
is, it must be applied.
ART 10 In case of doubt in the interpretation or
application of laws, it is presumed that the
lawmaking body intended right and justice to
prevail.

Reason: It will strengthen the determination of the courts

to avoid an injustice which may apparently be
authorized by some way of interpreting the law. “The
law may be harsh, but it is still the law.”

Rules of Statutory Construction:

1. Article applies only when there is doubt. When the law
is clearly worded, no interpretation should be made.
*Interpretation: Linguistic meaning; simple meaning of
legal text; natural and ordinary meaning.
2. If law is construed in two ways, that construction
which will achieve the ends desired by Congress
should be adapted.
3. Consider when interpreting a law: (a) the preamble of
the statute; (b) foreign laws from which it was derived;
(c) history of the framing of the law, including
deliberations in Congress; (d) similar laws on the same
subject matter
4. Patent or obvious mistakes and misprints in the law
5. When the reason for the law ceases, the law
automatically ceases
6. Strict interpretation should be applied to laws which
are in derogation of natural and basic rights
7. Criminal laws and tax laws should be interpreted
strictly against the State
8. Judge should not apply equity if equity will not serve the
ends of justice
*Equity: a branch of law that developed alongside
common law and is concerned with fairness and justice,
formerly administered in special courts
9. Equity follows the law. Justice is done according to the
law
10. Equity is justice tempered with mercy. Its purpose is
to soften the rigors of positive laws
11. Rules of court must be liberally construed in order to
promote their object and to assist the parties in obtaining
just, speedy, and inexpensive determination of every
action and proceeding.

When a literal interpretation of general terms would lead to

injustice, oppression, or absurdity, it must be presumed
that the legislature intended exceptions to its
language which would avoid such results.
ART 11 Customs which are contrary to law, public order,
public policy shall not be countenanced*.
*supported

Customs cannot supplant laws no matter how widely

observed.

Law: written, consciously made, and enacted by Congress

Custom: unwritten, spontaneous, and comes from society

- Customs, if contrary to law, public order, or public policy,

will not be tolerated. They cannot justify what is
illegal.

- Importance of Customs: when there is no law that is

applicable, judge may resort to customs as guide or
criterion. But it is not allowed to prevail over the existing
law or if it is against public order or public policy
ART 12 A custom must be proved as a fact, according to
the rules of evidence.

Custom – repetition of acts (usage), uniformly observed

(practiced) as a social rule, legally binding and
obligatory
- There may be usage without custom, but there cannot
be a custom without usage

Kinds of Customs:
1. General customs – prevalent throughout a country;
existence to be determined in court
- Trade and Business: followed in all cases by all
persons in the same business in the same territory;
long established; all presumed know of it
2. Local Customs – prevalent only in some particular
district or locality, or in some city, country or town
3. Particular Customs – affect only the inhabitants of
some particular district

- For Custom to be proved as fact, must be alleged in the

pleadings. Its existence must be proved by evidence
(testimony of witnesses or by documents recognizing its
existence and observance for a long period of time)
o EXCEPT: Judicial Notice of Customs: if there is
already a decision rendered by the same court
 recognizing the custom (affirmed on appeal and
decision final and executory)
*Judicial Notice: court’s acceptance of a well-known or
indisputable fact as proven without hearing evidence or
without making an enquiry

- If evidence is not sufficient or when those who should

know do not know of its existence, the alleged custom is
declared non-existing.

- If custom is proved, there is presumption that the person

acted in accordance with the custom of the place where
the act is performed or consummated

- In the absence of any applicable provision in the Civil

Code, custom (when duly proven) can define rights
and liabilities

Requisites to Make a Custom an Obligatory Rule:

1. Plurality of acts or the acts have been repeatedly done
2. Uniformly performed: Generally practiced by the great
mass of the social group
3. Sufficient Lapse of Time: Practice has been going on
for a long period of time
4. Juridical Intention: Community accepts it as a proper
way of acting; considered obligatory upon all
A custom which may endanger human life cannot be
allowed.
Example:
An Igorot custom of adoption without legal formalities
(contrary to law)
VS
Drivers/Cocheros to temporarily leave their horses while
assisting in unloading the calesa (not injurious custom)