Law, Its Concept, and Classifications

August 20, 2025

A.) The Judiciary habeas corpus. (Art. VIII, §5(1)). It also has
original jurisdiction over writs of amparo, habeas
• The arm/branch of the government data and the environmental writ of kalikasan. It
exercising judicial power. (Legal Dictionary, exercises appellate jurisdiction to review, revise,
Central Books) reverse, modify, or affirm final judgments, and
orders of the lower courts in:
As per Article VIII, Section 1 of the 1987
Constitution:
I. All cases in which the constitutionality or
• The judicial power shall be vested in one validity of any treaty, international or executive
supreme court and in such lower courts as may agreement, law, presidential decree,
be established by law. proclamation, order, instruction, ordinance, or
o Judicial power includes the duty regulation is in question.
of the courts of justice to settle actual
controversies involving rights which are II. All cases involving the legality of any tax,
legally demandable and enforceable, impost, assessment, or toll, or any penalty
and to determine whether or not there imposed in relation thereto.
has been a grave abuse of discretion
amounting to lack or excess of III. All cases in which the jurisdiction of any
jurisdiction on the part of any branch or lower court is in issue.
instrumentality of the Government.
IV. All criminal cases in which the penalty
Original Power – settle actual imposed is reclusion perpetua or higher.
controversies
Extended Power – determine grave abuse V. All cases in which only an error or question
of discretion of law is involved.

Judicial Courts in the Philippine Court The Supreme Court has administrative
System supervision over all courts and court personnel.
Constitutionally provided, the Philippine (Article VIII, §6) It exercises this power through
Court system is composed of one supreme court the Office of the Court Administrator.
and lower courts.
Composition of the Supreme Court (Art. VIII,
1. The Supreme Court Sec. 4(1))
The Supreme Court has both original and The Supreme Court shall be composed of a
appellate jurisdiction. It exercises original Chief Justice and fourteen Associate Justices. It
jurisdiction (cases are directly filed with the SC may sit en banc or in its discretion, in divisions of
in the first instance without passing through any three, five, or seven Members. Any vacancy
of the lower courts) over cases affecting shall be filled within ninety days from the
ambassadors, other public ministers and occurrence thereof.
consuls, and over petitions for certiorari,
prohibition, mandamus, quo warranto, and
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INCUMBENT MEMBERS OF THE SUPREME COURT

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2. The Court of Appeals including the power to grant and conduct new
The Court of Appeals was established on trials or proceedings.
February 1, 1936 by virtue of Commonwealth
Act No. 3 and is considered as the second 3. The Sandiganbayan
highest tribunal in the country. It is composed of Both the 1973 and 1987 Constitution
one presiding justice and 68 associate justices, contain provisions on the present anti-graft court
all of which are appointed by the President from known as the Sandiganbayan. It has jurisdiction
a shortlist submitted by the Judicial and Bar over criminal and civil cases involving graft and
Council. The associate justices shall have corrupt practices and such other offenses
precedence according to the dates (or order, in committed by public officers and employees,
case of similar appointment dates) of their including those in government-owned or
respective appointments. The qualifications for controlled corporations, in relation to their office
the justices of the Supreme Court also apply to as may be determined by law. The jurisdiction of
members of the Court of Appeals. the Sandiganbayan is perhaps one of the most
often amended provision from the 1973
The Court of Appeals’ principal mandate is Constitution to Republic Act (R.A.) No. 8249.
to exercise appellate jurisdiction on all cases not Before R.A. No. 8249, jurisdiction of the
falling within the original and exclusive Sandiganbayan was determined on the basis of
jurisdiction of the Supreme Court. Its decisions the penalty imposable on the offense charged.
are final except when appealed to the Supreme Thereafter, it was amended such that regardless
Court on questions of law. The jurisdiction of the of the penalty, so long as the offense charged
Court of Appeals are as follows: was committed by a public officer, the
Sandiganbayan was vested with jurisdiction.
I. Original jurisdiction to issue writs of Under R.A. No. 8249, to determine whether the
mandamus, prohibition, certiorari, habeas Sandiganbayan has jurisdiction, a person must
corpus, and quo warranto, and auxiliary writs or look into two (2) criteria, namely, the nature of
processes, whether or not in aid of its appellate the offense and the salary grade of the public
jurisdiction; official.

II. Exclusive original jurisdiction over actions 4. The Court of Tax Appeals
for annulment of judgements of Regional Trial The Court of Tax Appeals (CTA) was
Courts; and created on June 16, 1954, through the
enactment of Republic Act No. 1125 (R.A. 1125).
III. Exclusive appellate jurisdiction over all final Its jurisdiction and composition have been
judgements, resolutions, orders or awards of increased with passage of several legislations.
Regional Trial Courts and quasi-judicial With the enactment of Republic Act (R.A.) No.
agencies, instrumentalities, boards or 9282 on April 23, 2004, the CTA became an
commission. appellate Court, equal in rank to the Court of
Appeals. The composition of the Court increased
The Court of Appeals shall also have the to six (6) Justices with one (1) Presiding Justice
power to try cases and conduct hearings, and five (5) Associate Justices.
receive evidence and perform acts necessary to
resolve factual issues raised in cases falling R.A. No. 9503 took effect on July 5, 2008,
within its original and appellate jurisdiction, which further enlarged the organizational
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structure of the CTA. The CTA is now composed Municipal Circuit Trial Courts established in
of one (1) Presiding Justice and eight (8) certain municipalities in Mindanao.
Associate Justices. The CTA may sit en banc or
in three (3) divisions with each division
consisting of three (3) Justices. A decision of a
division of the CTA may be appealed to the CTA
En Banc, and the latter’s decision may further be
appealed by verified petition for certiorari to the
Supreme Court.

5. The Second Level Courts

Regional Trial Courts are also known as
Second Level Courts, which were established
among the thirteen Judicial regions in the
Philippines consisting of Regions I to XII and the
National Capital Region (NCR). There are as
many Regional Trial Courts in each region as the
law mandates. RTCs were formerly called as the
Court of First Instance since the Spanish era. It
was only in the Judiciary Reorganization Act of
1980 that its name was changed from being
called the Court of First Instance to Regional
Trial Court.

6. The First Level Courts

Each city and municipality in the Philippines
has its own trial court. These First Level Courts
are more commonly referred to as Metropolitan
Trial Courts (MeTC), Municipal Trial Courts in
Cities (MTCC), Municipal Trial Court (MTC), and
Municipal Circuit Trial Courts (MCTC). The
MeTCs are the first level courts in the
Metropolitan Manila area. First level courts in
cities outside Metropolitan Manila are referred to
as the MTCCs. The MTCs are first level courts
that cover only one municipality, whereas
MCTCs cover multiple municipalities.

7. The Shari’a District and Circuit Courts

The Shari’a District Courts are equivalent to
the Regional Trial Courts in rank, which were
established in certain provinces in Mindanao
where the Muslim Code on Personal Laws is
being enforced. On the other hand, the Shari’a
Circuit Courts are the counterpart of the
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HEIRARCHY OF COURTS

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 B.) How Does a Bill Become a Law? The bill is enrolled when printed as finally
approved by the Congress, thereafter
This process is enshrined in the Constitution authenticated with the signatures of the Senate
itself, provided by Sections 26 to 27 of Article VI President, the Speaker, and the Secretaries of
(The Legislative Department). their respective chambers, and approved by
the President.
A bill is introduced by any member of the
House of Representatives or the Senate except (Cruz, Philippine Political Law, 2002 ed.)
for some measures that must originate only in
the former chamber. What happens after ratification? It will be
printed.
The first reading involves only a reading of
the number and title of the measure and its What happens next? The final form of the bill
referral by the Senate President or the Speaker will be presented to the President.
to the proper committee for study.
When presented to the President, what are
The bill may be “killed” in the committee or it his possible actions? The President can either:
may be recommended for approval, with or
without amendments, sometimes after public 1. Sign the bill – signifies approval, and
hearings are first held thereon. If there are other consequently will be published in the Official
bills of the same nature or purpose, they may all Gazette or newspaper in general circulation.
be consolidated into one bill under common 2. Ignore the bill – if no action is taken by the
authorship or as a committee bill. President for thirty (30) days, the law will be
passed as if he had signed it.
Once reported out, the bill shall be 3. Veto the bill – the bill vetoed, it will go
calendared for second reading. It is at this back to the original house.
stage that the bill is read in its entirety,
scrutinized, debated upon, and amended when What are the possible actions of the original
desired. The second reading is the most House if the bill is sent back to them?
important stage in the passage of a bill.
1. The original House can override the veto
The bill as approved on second reading is through two-thirds of its members. The other
printed in its final form and copies thereof are House must also override the vetoed bill.
distributed at least three days before the third 2. The original House may comply with the
reading. On third reading, the members merely objections of the President and such vetoed
register their votes and explain them if they are bill will undergo the entire legislative
allowed by the rules. No further debate is process again.
allowed.
What are the rules for vetoing a bill?
Once the bill passes third reading, it is
GENERAL: The President must veto the bill
sent to the other chamber, where it will also
in its entirety.
undergo three readings. If there are differences
between the versions approved by the two EXCEPTIONS: The President can make a
chambers, a conference committee will draft line-item veto in the ff. cases:
a compromise measure that if ratified by the
Senate and the House of Representatives will 1. Appropriation bills
then be submitted to the President for his
2. Revenue and tariff bills
consideration.

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The Legislative Process, Illustrated.

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 Like the
commandments of
the Catholic
Church,
promulgated by the
Church
C.) Definition, Classification, and
Human Positive
Sources of Laws
Law
Law, Defined. “Our Concern”, like
congressional
• A rule of conduct, just, statutes or
obligatory, promulgated by a legitimate executive orders
authority, and of common observance and
benefit. (1 Sanchez Roman 3). Sources of Laws
• “Ordinance of reason
promulgated by the common good by Him Our laws, particularly the Philippine Civil
Who is in charge.” (Paras, Civil Code of Law, have the following sources:
the Philippines Annotated, 1998).
o To be useful and fair, law has to 1. The Philippine Constitution
be promulgated, i.e. made known to those 2. Statues, laws, presidential decrees, or
who are expected to follow it. executive orders which are applicable
• “The legislative pronouncement 3. Administrative or general orders insofar as
of the rules which should guide one’s they are not contrary to the laws or the
actions in society.” (Gifis, Law Dictionary, Constitution (See Art. 7, par. 3, Civil Code)
1984) 4. Customs of the place, provided they are not
contrary to existing laws, public order, or public
Classification of Law According to the policy. (Art 11, Civil Code)
Manner of its Promulgation (Paras) 5. Judicial decisions (interpreting the law), as
well as judicial customs (where decisions are
Natural Moral made notwithstanding the absence of applicable
Law statutes or customs). (Art. 11, Civil Code)
Applies to our 6. Decisions of foreign courts
Natural Law higher faculties, 7. Principles covering analogous cases.
Promulgated ex. Do good and
(Cerrano v. Tan Chuco, 38 Phil. 932)
impliedly in our avoid evil
8. Principles of legal hermeneutics (statutory
conscience and Law of Nature
body Applies to both our construction)
higher and lower 9. Equity and the general principles of law
faculties, ex. The (juridical standards of conduct premised on
law of gravity morality and right reasoning).
Divine Positive
Positive Law Law D.) Parts of a Statute
Promulgated Like the 10
Statute, Defined.
expressly or commandments
directly Divine-Human An act of legislature, adopted pursuant to its
Law constitutional authority, by prescribed means

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and in certain form such that it becomes the law provisions which have
governing conduct within its scope. (Gifis, Law been abrogated by
Dictionary, 1984) reason of the enactment
of the new law.
A formal written enactment of a legislative Restriction in a
body, whether federal state, city, or county. An repealing act, which is
act of the legislature declaring, commanding, or intended to save rights,
prohibiting something; particular law enacted Saving pending proceedings,
and established by the will of the legislative Clause penalties, etc. from the
department of government. (Black’s Law annihilation which would
Dictionary, 6th ed.) result from an
unrestricted appeal.
Provides that in the
event that one or more
The parts of a statute are as follows: Separability provisions are
Clause unconstitutional, the
The heading on the remaining provisions
preliminary part, shall still be in force.
furnishing the name by Effectivity Announces the effective
which the act is Clause date of the law.
Title
individually known. It is
usually prefixed to the
statute in the brief E.) Effectivity of Laws
summary of its contents.
Part of a statute As per the Civil Code (Art. 2),
explaining the reasons
for its enactment and • “Laws shall take effect after fifteen days
Preamble following the completion of their publication in
the objects sought to be
accomplished. Usually, the Official Gazette, unless it is otherwise
it starts with “whereas” provided. This code shall take effect one year
Part of the statute which after such publication.”
declares its enactment o Note: Executive Order No. 200,
and serves to identify it dated June 18, 1987, modifying Article 2
as an act of legislation of the Civil Code, now provides for the
Enacting
proceeding from the publication of laws either in the Official
Clause
proper legislative Gazette or in a newspaper of general
authority. “Be enacted”
circulation in the Philippines as a
is the usual formula
requirement for effectivity.
used to start this clause.
The main and operative • In the landmark case of Tañada v. Tuvera,
part of the statute the Court clarified that the clause “unless it is
containing its otherwise provided” referred to the date of the
Body substantive and even effectivity of a law, and not the fact that it had to
procedural provisions. be published in the Official Gazette.
Provisos and exceptions o “WHEREFORE, it is hereby
may also be found. declared that all laws as above defined
Repealing Announces the prior shall immediately upon their approval, or
Clause statutes or specific as soon thereafter as possible, be
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 published in full in the Official Gazette, to become effective only after fifteen days from their
publication, or on another date, specified by the legislature, in accordance with Article 2 of the
Civil Code.”

F.) Validity and Constitutionality

• For laws to be valid, it must not be contrary to the Constitution, and created by legitimate authority in
the proper and prescribed manner. Additionally, they must be approved by the President, then published
in either the Official Gazette or in newspapers of general circulation within the country.
o This is in adherence to the constitutional right of the people to be informed by due process.
If the people were not knowledgeable of the law, the presupposition behind the maxim

ignorantia legis non excusat would not be established.

▪ “Without such notice and publication, there would be no basis for the application
of the maxim “ignorantia legis non excusat”. It would be the height of injustice
to punish or otherwise burden a citizen for the transgression of a law of which
he had no notice whatsoever, not even a constructive one.

(Escolin, J, G.R. No. L-63915, April 24, 1985)

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