LEGAL TECHNIQUE & LOGIC

NOTES BY AMICAH ANTONIO

What is Legal Technique?

This consists of a set of various skills, methods, ways, and procedures, organized into a function
unity. It is an instrumental which concerns itself with the methodology used, principally by
courts, to create, elaborate, and apply that substance. It is likened to the tools and the training
needed to use these tools.

What’s the difference between Civil Law and Common Law Tradition?

COMMON LAW CIVIL LAW

-Common law is generally uncodified. -Civil Law is codified
Meaning the laws are not compiled in one
document. -Has legal codes that specify all matters
capable of being brought before a court, the
-It is largely based on precedent, meaning the applicable procedure, and the appropriate
judicial decisions that have already been punishment for offense.
made in similar cases. (Jurisprudence) These
precedents are maintained over time through -The judge’s role is to establish the facts of
the records of the courts as well as historically the case and to apply the provisions of the
documented in collections of case law known applicable code.
as yearbooks and report.
-Though the judge often brings the formal
-The precedents to be applied in the decision charges, investigates the matter, and decides
of each new case are determined by the on the case, he or she works within a
presiding judge. framework established by a comprehensive,
codified set of laws.

-The judge’s decision is consequently less

crucial in shaping civil law than the decisions
of legislator who draft and interpret the codes.

Overview of the Philippine Legal System

The Philippine legal system is a mixture of customary usage, Roman (civil law) and Anglo-
American (common law) systems, and Islamic law. 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.

A. Judicial Hierarchy
 Supreme Court

Court of Tax
Court of Appeals Sandiganbayan
Appeals

Regional Trial Sharia's District

Courts Courts

Municipal Trial Municipal Trial Metropolitan Municipal Circuit Sharia Circuit

Courts Courts in Cities Trial Courts Courts Courts

Lower Courts

I. Municipal Trial Courts and Municipal Circuit Trial Courts

Every municipality in the Philippines has its own Municipal Trial Court. It is referred to as such
if it covers only one municipality; otherwise, it is called Municipal Circuit Trial Court if it covers
two or more municipalities.

II. Metropolitan Trial Courts and Municipal Trial Courts in Cities

Municipal Trial Courts in the towns and cities in the Metropolitan Manila area, as distinguished
from the other political subdivisions in the Philippines, are referred to as Metropolitan Trial
Courts.
In cities outside Metropolitan Manila, the equivalent of the Municipal Trial Courts are referred to
as Municipal Trial Courts in Cities.

III. Regional Trial Courts

Regional Trial Courts were established among the thirteen 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.

IV. Shari'a Courts

Equivalent to the Regional Trial Courts in rank are the Shari'a District Courts which were
established in certain specified provinces in Mindanao where the Muslim Code on Personal
Laws is being enforced.

Equivalent to the Municipal Circuit Trial Courts are the Shari'a Circuit Courts which were
established in certain municipalities in Mindanao.

There are five Shari'a District Courts and fifty one Shari'a Circuit Courts in existence.

V. Court of Tax Appeals

A special court, the Court of Tax Appeals, composed of a Presiding Judge and two Associate
Judges, is vested with the exclusive appellate jurisdiction over appeals from the decisions of the
Commissioner of Internal Revenue and the Commissioner of Customs on certain specific issues.

VI. Sandiganbayan

A special court, the Sandiganbayan, composed of a Presiding Justice and eight Associate
Justices, has exclusive jurisdiction over violations of the Anti-Graft and Corrupt Practices Act
[Republic Act No. 3019], the Unexplained Wealth Act [Republic Act No. 1379] and other crimes
or felonies committed by public officials and employees in relation to their office, including
those employees in government-owned or controlled corporations.

VII. Court of Appeals

The Court of Appeals, composed of one Presiding Justice and sixty eight Associate Justices is
vested with jurisdiction over appeals from the decisions of the Regional Trial Courts and certain
quasi-judicial agencies, boards or commissions.

The Highest Court - Supreme Court

The Supreme Court is the highest Court in the Philippines. There is only one Supreme Court
composed of one Chief Justice and fourteen Associate Justices. It is the final arbiter of any and
all judicial issues. When so deciding, it may sit en banc or in divisions of three, five or seven
members.

B. Important Legal Concepts

Jurisdiction
Jurisdiction is defined as the power and authority of a court to hear, try, and decide a case. In
order for the court or an adjudicative body to have authority to dispose of the case on the merits,
it must acquire, among others, jurisdiction over the subject matter. It is axiomatic that
jurisdiction over the subject matter is the power to hear and determine the general class to which
the proceedings in question belong; it is conferred by law and not by the consent or acquiescence
of any or all of the parties or by erroneous belief of the court that it exists. Thus, when a court
has no jurisdiction over the subject matter, the only power it has is to dismiss the action.

Venue
Venue is the place of trial or geographical location in which an action or proceeding should be
brought. The difference between Venue and Jurisdiction is that “Jurisdiction” means that a court
has the power to exercise authority over all persons and things within its territory. To properly
file a lawsuit, you must file the lawsuit in a court that has jurisdiction. On the other hand,
“Venue” is the geographical location of a particular court. To properly file a lawsuit, you must
filed the case in an appropriate venue.

Under Rule 4 of the Revised Rules of Civil Procedures:

a. Venue of real actions – actions affecting title or possession of real property, etc., the
proper court which has jurisdiction over the area wherein the real property involves is
situated.
b. Venue of personal actions - All other actions may be commenced and tried where the
plaintiff resides or where the defendant resides, or in the case of a non-resident defendant
where he may be found, at the election of the plaintiff.
c. Venue of actions against non-residents - If any of the defendants does not reside and
is not found in the Philippines, and the action affects the personal status of the plaintiff,
or any property of said defendant located in the Philippines, the action may be
commenced and tried in the court of the place where the plaintiff resides, or where the
property or any portion thereof is situated or found.
Summons
Summons is a court document with a statement about a lawsuit which requires defendant to
answer the complaint attached to it. It is served or given to the defendant to acquire jurisdiction
over him or her. It is an order given by the court requiring a person to appear at a hearing on a
scheduled date.

If the defendant is outside of the country (extraterritorial service), service may, by leave of court,
be effected out of the Philippines by personal service as under section 6; or by publication in a
newspaper of general circulation in such places and for such time as the court may order, a copy
of the summons and order of the court shall be sent by registered mail to the last known address
of the defendant or in any other manner the court may deem sufficient.

If the whereabouts of the defendant are unknown, service may, by leave of court, be effected
upon him by publication in a newspaper or general circulation and in such places and for such
time as the court may order

If defendant is temporarily not within the Philippines, service may, by leave of court, be also
effected out of the Philippines, as under the preceding section (extraterritorial service)

If defendant is a domestic private judicial entity - corporation, partnership, association organized

under the laws of the Philippines, service may be made on the managing partner, general
manager, corporate secretary, treasurer, or in-house counsel (and secretaries).

If defendant is a foreign private judicial entity - service may be made on its resident agent
designated in accordance with law for that purpose, or, if there be no such agent, on the
government official designated by law to that effect, or on any of its officers or agents within the
Philippines.

If defendant is public corporation - service may be effected on the Solicitor General; in case of a
province, city or municipality, or like public corporations, service may be effected on its
executive head, or on such other officer or officers as the law or the court may direct.

Warrant of Arrest
This is a document issued by a judge that authorizes the police to take someone accused of a
crime into custody.

The execution of warrant shall be within 10 days from its receipt. Within 10 days after the
expiration of the period, the officer to whom it was assigned for execution shall make a report to
the judge who issued the warrant. (Rule 113, Sec. 4 CrimPro)

Arrest without warrant is lawful when: (a) in the presence of a peace officer, the person to be
arrested has committed, is actually committing, or is attemping to commit an offense; (b) when
an offense has just been committed and he has a probable cause to believe based on personal
knowledge of facts or circumstances that the person to be arrested has committed it; and (c)
when the person to be arrested is a prisoner who escaped from prison while his case is pending,
or has escaped while being transferred from one confinement to another.

Subpoena
Subpoena is a court order. You can use subpoena to require a person to come to court, go to a
disposition, or give documents or evidence to you. Here, you do not have to be a plaintiff or
defendant in a case to be subpoenaed. For example, you might be a witness and be summoned
for a statement under oath.

Bench Warrant
Bench warrant is used for attachment or arrest in a case of Contempt, which is the willful
disregard or disobedience of an authority such as the court. For example, a person disobeys a
subpoena, which is a command to appear at a specified time and place to present testimony upon
a certain matter

Deposition
Deposition is the testimony of a witness taken upon oral examination or written interrogatories,
not in open court, but in pursuance of a commission to take testimony issued by a court, or under
a general law or court rule on the subject, and reduced to writing and duly authenticated, and
intended to be used in preparation and upon the trial of a civil or criminal prosecution.

It is a pre-trial discovery device by which one party (through his or her attorney) asks oral
questions of the other party or of a witness for the other party. It can be an opportunity for cross-
examination and can be a competent testimonial evidence. (Rule 23)

The deposition may be used, so far as admissible under the rules of evidence, against any party
who was present or represented at the taking of the deposition or who had due notice thereof.

C. How to File a Criminal Complaint?

1. It is not necessary that a lawyer should be the one who will file the Complaint Affidavit.
2. The person should file Complaint-Affidavit with the Prosecutor’s office
Complaint-Affidavit – salaysay kung anong nangyari. Name, Accused’s Address,
Location of where the incident happened, Recommendations what to file.
3. The Complaint-Affidavit need not be notarized because the complainant will swear an oath
before the Prosecutor. It only needs to be complete. Meaning, all the facts which must be
truthful, together with the evidence.
Preliminary Investigation – here the Prosecutor will determine if the case filed has a
probable cause. Meaning, if the crime really happened.
4. After submitting the Complaint-Affidavit with the evidences will be forwarded to the accused
through subpoena.
*In the subpoena, the prosecutor will require the accused to file a Counter-Affidavit.
5. A copy of the Counter-Affidavit will also be forwarded to the Complainant.
6. The Prosecutor will determine if he/she can submit it for a Resolution. If the Resolution is
submitted, both the Complainant and the Accused will have to wait for the Resolution of the
Prosecutor.
7. If the Prosecutor is not satisfied with the Complaint-Affidavit and Counter-Affidavit, he may
request for a Reply.
*Reply is the same as Counter-Affidavit.
8. The Accused/Respondent may answer the Reply through filing a Rejoinder.
9. After that, the case may be submitted for a Decision.
10. If the case is dismissed, the Complainant may file for an appeal or Motion Reconsideration.
In case the MR is still dismissed, Complainant may bring the case before the Supreme Court.

Section 1. Institution of criminal actions. — Criminal actions shall be instituted as follows:

(a) For offenses where a preliminary investigation is required pursuant to section 1 of

Rule 112, by filing the complaint with the proper officer for the purpose of conducting
the requisite preliminary investigation.

(b) For all other offenses, by filing the complaint or information directly with the
Municipal Trial Courts and Municipal Circuit Trial Courts, or the complaint with the
office of the prosecutor. In Manila and other chartered cities, the complaint shall be filed
with the office of the prosecutor unless otherwise provided in their charters.

The institution of the criminal action shall interrupt the running period of prescription of the
offense charged unless otherwise provided in special laws. (1a)

Section 2. The Complaint or information. — The complaint or information shall be in writing, in

the name of the People of the Philippines and against all persons who appear to be responsible
for the offense involved. (2a)

Section 3. Complaint defined. — A complaint is a sworn written statement charging a person

with an offense, subscribed by the offended party, any peace officer, or other public officer
charged with the enforcement of the law violated. (3)

Section 4. Information defined. — An information is an accusation in writing charging a person

with an offense, subscribed by the prosecutor and filed with the court. (4a)

"Section 5. Who must prosecute criminal action. - All criminal actions either commenced by
complaint or by information shall be prosecuted under the direction and control of a public
prosecutor. In case of heavy work schedule of the public prosecutor or in the event of lack of
public prosecutors, the private prosecutor may be authorized in writing by the Chief of the
Prosecution Office or the Regional State Prosecutor to prosecute the case subject to the approval
of the court. Once so authorized to prosecute the criminal action, the private prosecutor shall
continue to prosecute the case up to end of the trial even in the absence of a public prosecutor,
unless the authority is revoked or otherwise withdrawn.

D. How to file a Civil Complaint?

1. File a Complaint in the proper venue.
2. The corresponding summons will be served upon the defendant.
3. The parties shall undergo pre-trial, wherein they could peacefully settle the case. The
presence of both the defendant and the plaintiff is mandatory, unless their absence is legally
excused.

If the defendant fails to attend, the plaintiff may proceed to present evidence ex-parte. If the
plaintiff is absent, the case may be dismissed.
4. Evidence, rebuttal evidence, and sur-rebutter will be presented during the trial. Due to the
passage of the Judicial Affidavit Rule, a Witness’s’ direct testimony is now given through
written statements by using Judicial Affidavit instead of verbal direct examination, and the
witnesses may be cross-examined on his/her Judicial Affidavit

After all evidence and affidavits have been presented and reviewed, both parties will be required
to file a written memorandum summarizing their position. The case is then considered
submitted for decision.
5. The Judge may render a Decision based on submitted affidavits without going through an
actual trial.

Under the Constitution and Rules of Court, a decision should be rendered within 30-90 days after
the case was submitted for Decision. Either party may file an appeal within 15 days from the
receipt of the Decision. If no appeal is filed, the Decision will be implemented.

MODULE 2: FUNDAMENTALS OF LEGAL REASONING

A. Logic
The study of the principles of correct reasoning.