CHAPTER 2 Sources “Freedom of men under government is to have a standing rule to live by, common to every one of that society, and made by the legislative power vested in it; a liberty to follow my oxom will in all things, when the rule prescribes not, ‘and not to be subject to the inconstant, uncertain, unknown, arbitrary will of another man.” — John Locke (On Government BK. X,ch. 4 Seek and you shall find. In the Philippine setting, the sources of laws are the enactments of the Philippine Congress known today as Republic Acts. These republic acts are numbered according to the sequence in which they were passed and signed into law by the President. For example, Congress passes two bills — the first one is something that deals with the regulatory framework of banking while the other provides for a set of rights for homeowners associations. If the banking law is signed into law by the President ahead of the homeowners bill, The former will be designated by a lower number than the latter. Thus, the point in reckoning the number of the law is when it was signed or lapsed into law.Note also that not all laws are called Republic Acts. it legislative body was i Constitution, our legisia® ns ceca tt the Baas 7 grated as Bates Pambansa oF simply 2s BP enactments w' It is interesting to note that some of the laws passed by the ‘petesan Pambansa are still in force today notably B.P. 22 or more pny referred to as the “Bouncing Checks Lato” Note further that some of our codes are products of Presidential Decrees. Our Labor Code, for instance, is one such example. The same is true with our current Corporation Code. A good researcher would know how these laws came to be considering that they were issuances of the President at that time. There are some older laws designated as C.A. or Commonwealth Acts although these have been dwindling in number owing to the fact that Congress has been revisiting these old laws and passing new ones in their stead. Another important source of law, although technically they are not in itself enactments of Congress, are decisions of the Supreme Court which interprets how a law is applied. These are referred to as jurisprudence. We rely on jurisprudence for the Proper interpretation of a law. sane shipradene ican be sad have the force and fet of High Court to = laws = tested on novel cases and we need the in certain instance Tho itis © be appreciated and applied ces. This is jurisprudence enriching the law Passed by : slmentary alae ae As declared in one case — it i$ — re eosttates port of the ant pan of the law by the Supreme Court lag f iv from the date it was originally passed, sincethis Court's construction merely establishes the contemporaneous legislative intent that the interpreted law carried into effect. The Philippine Constitution A constitution is oftentimes referred to as the fundamental law of the land. To date, the Philippines has had several constitutions, the latest of which is the 1987 Philippine Constitution. One should keep in mind that one should not limit the search to the current constitution. There are times when we are required to look into provisions contained in previous charters. A good example to illustrate this point is the current and continuing debate on the feasibility and viability of shifting the form of government from a presidential to a parliamentary system. Corollary to this debate is the issue of shifting the composition of Congress from its current bicameral set-up to a unicameral form. In this particular matter, a researcher needs to look into the provisions of the 1973 Constitution and compare it with the provisions not only of the 1987 incamation but also its 1935 predecessor. Moreover, the researcher also needs to broaden his search Parameters to include experiences and best practices of other countries that have experimented or adopted such a set up. If we do this, the research material on the differences of a unicameral from a bicameral form, it would look somewhat like this: ‘Accenture vs. CIR, GR No. 180102 [2012] 71935 Constitution | 1973 Constitution | 1987 Constityigs Section 1. The Section 1 The Legislative power legislative doeaestelins | tel osm National Assembly. | Congress of the Philippines which shall consist of a Senate and a House of Representatives except to the extent reserved to the people by the provision on initiative and referendum, Section 1. The Legislative power shall be vested ina Congress of the Philippines, which shall consist of a Senate and a House of Representatives. From the table above, the researcher can clearly infer that the bicameral legislative system we have today was set in place under the 1935 Constitution but was replaced with the unicameral form under the 1973 Constitution and subsequently reverted back to the bicameral system under the current Constitution. One could also infer that the 1987 version expanded the scope of legislative power to include laws carried through initiative and referendum, a feature that was absent in the previous constitutions. Moreover, the researcher also needs to determine te process of how a bill becomes a law in these two different forms of government in order to ascertain which process is faster better. | : From this little piece of information gathered fom * comparison of the constitution through its various incarnatio™ | it provides the researcher on where to go next — to determi | :what events, situations, issues and arguments factored into the shift from bicameral to unicameral and back to bicameral. Let us look at a brief description of each constitutions. The 1987 Constitution Due to time and logistical constraints prior to the drafting of the present constitution, then President Aquino opted to appoint delegates to the Constitutional Commission instead of an election. This Commission was divided into fourteen committees and submitted the final version of the constitution on 15 October 1986 This constitution was roughly divided into the Preamble, the Bill of Rights and other provisions granting political and civil rights, the provisions on the organization and distribution of powers of the government, the provisions on the procedure for amending the charter, and provisions on social justice, national economy, education, general provisions and the family. This proposed constitution was approved by the people in a plebiscite held 2 February 1987 and took effect on 11 February 1987. An outstanding feature of the 1987 Constitution is the expansion of the democratic space giving the people greater power to exercise their sovereignty.” Thus, the Supreme Court through the ponencia of former Chief Justice Davide aptly encapsulates the spirit and thrust of the 1987 Philippine Constitution observing that — “The sovereignty of our people is the primary postulate of the 1987 Constitution and thatthe said Constitution is ‘more people- oriented,’ ‘borne las it is} out of the 1986 people power EDSA revolution.” I would even go further by saying tht this Constitution is pro-God (Preamble), pro-people (Article I, ® For a more comprehensive study of the Philippine Constitution, please refer to the author's other work entited "Consti: An Outline or the 1987 Philippine Constitution” published by Centralbooks Tolentino vs. COMELEC, 420 SCRA 438ions 1, 3, 4, 5, 9, 15, 16; Article XI, Section I; Article x1 deme 1,6, article XI, Sections 1, Tl, 15, 16. 18; Arte XVI, Sections 5(2), 6), pro-Filipino (Article XII, Sections 1, 2 10, 11, 12, 14. Article XIV, Sections 1, 4(2), 13; Article Xj, Section 11), pro-poor (Article Il, Sections 9, 10, 18, 21; Article XII, Sections 1, 2(3); Article XIU, Sections 1, 3, 4, 5, 6, 7,9, 10, 11, 13), pro-life (Article Il, Section 12), and pro-family (Article I, Section 12; Article XV)": ‘The 1986 Provisional Constitution More popularly referred to as the FREEDOy CONSTITUTION, the 1986 Provisional Constitution of the Philippines was adopted by virtue of Proclamation No, 3 promulgated on 3 March 1986 by President Corazon Aquino, to the continuity of the delivery of public service, Article Il, Section 2 of the Provisional Constitution provided: “All elective and appointive officials and employees under the 1973 Constitution shall continue in office until otherwise provided by proclamation or executive order or upon the designation or appointment and qualification of their successors, if such is made within a period of one year from February 25, 1986.” Then Minister of Justice Neptali Gonzales“ once described the Freedom Constitution as “civilian in character, revolutionary it origin, democratic in essence, and transitory in character.” One ofil notable features was the abrogation of the legislative provisiots of the 1973 Constitution as well as substantial modificatic regarding the executive branch of government which total reorganized the entire bureaucracy. Its more popular produ was the 1986 Constitutional Commission which drafted present 1987 Philippine Constitution. “© Taken from a dissenting opinion by Chief Justice Davide in the case Of vs, COMELEC; G.R. No. 120295. June 28, 1996 ™ Lecaroz vs. Ferrer; G.R. No. 77918. July 27, 1987 ‘© He later became Senate President 30‘The 1973 Constitution Following the American inspired-constitution of 1935 is the 1973 Philippine Constitution. Not to be outdone, this constitution also had its share of birth pains as can be gleaned from the sensational nature of cases that the Supreme Court had to resolve regarding its validity. Note that the 1973 Philippine Constitution is tagged by certain sectors as a Marcos-inspired Constitution since it came into being during the administration of President Ferdinand E. Marcos. The 1935 Constitution This particular fundamental law was strongly patterned after the United States Constitution. By the Act of Congress of March 24, 1934, popularly known as the Tydings-McDuffie Lax, the people of the Philippine Islands were authorized to adopt a constitution, subject to the conditions and qualifications prescribed in said Act. The law required three distinct steps for the adoption of the constitution. The first was the drafting and approval of the constitution by the constitutional convention authorized to be called under the Act; the second was the certification by the President of the United States that the constitution so drafted and approved conformed with the provisions of the same Act; and the third was the ratification of the constitution by the people of the Philippine Islands at an election or plebiscite called for the purpose of ratifying or rejecting the same. On July 30, 1934, the constitutional convention met for the purpose of drafting a constitution, and the constitution subsequently drafted was approved by the convention on February 8, 1935. The constitution was submitted to the President of the United States on March 18, 1935; and on March 23, 1935, the President certified that the constitution conformed substantially to the provisions of the Act of Congress approved 31May 14, 1935, the constitution Was ratifieg 934. On May © arch 2419 eople. i the pt sion provi ded — for the establishme, she 1985 incamation PT ge of the preamble, in ae people, conserve and dey fhe promote the general welfare, osterity the blessings of indepeng viberty and democracy: nment that, 3 Sythe ideals oF the patrimony of the secure to them and their under a regime of justice, ovides for a republican form oy itution also Pr : The constitution 20 oe of the separation of power, government, follows the princp and contains a bill of rights. It guarantees freedom of speech, freedom of the press, ang freedom of religion. In most of its main features, it is Modeled after the Constitution of the Unites States which was characterized by William Pitt, that eminent English statesman, ag “the wonder and admiration ofall future generations and the model op all future constitutions," and by Gladstone, another English statesman of renown, as “the most wonderful zvork ever struck ofa 4 given time by the brain and purpose of men,”2 In fact, the 1935 Constitution only deviated from its American counterpart on several aspects such as adopting a unitary form of government rather than federal system and local Considered . Which fae an offspring of the Tydings-MeDufie Ads Seve bitth to the Philippine Commonwealth — + People of the Phil lip 21, 1935, Poine Islands vs. Ling 'angan; G.R. No, 43290, Decembél “to 32the 1935 Philippine Constitution served as the fundamental basis for an independent Philippine government from 1946 until 1973 Statutes In its general and abstract sense, law is the science of moral laws founded on the rational nature of man that governs his free activity for the realization of the individual and social ends of life under an aspect of mutual conditional dependence In its specific and concrete sense, a rule of conduct, just, obligatory, formulated by legitimate power for common observance and benefit? The term “lows” in Art. 2, of the Philippine Civil Code, refers to all laws and not only to those of general application Thus, all statutes, including those of local application and private laws, shall be published in the Official Gazette as a condition for their effectivity, which shall begin fifteen days after publication unless a different publication date is fixed by the legislature Covered by this rule are presidential decrees and executive orders promulgated by the President in the valid exercise of delegated legislative powers, as well as. administrative rules and regulations enforcing or implementing, ing laws, pursuant also to a valid delegation. In our current political system, laws are enacted by Congress. “© Lapitan vs. Philippine Charity Sweepstakes Office, 60 0.G. 6841 “Tanada vs. Tuvera, 148 SCRA 453, “© For a more comprehensive discussion of laws, please refer to the author's ‘other work “Introduction to Law” published by Centraloooks,How are laws made? Laws are not made overnight. uct of long deliberations, study ang debate. Simply put, the legislative life of a measure ora bil, yj is commonly called, begins with the filing of the same by iy lawmaker, Once filed, itis then calendared for First Reading, They are the prod First Reading is where the title is read in plenary ang referred to the appropriate committee. At the committee leva) the bill is scrutinized through public hearings where arguments by advocates and those in opposition of the measure are heard ‘After the public hearings are terminated a Committee Report ig then prepared and transmitted to the floor for Second Reading. On Second Reading, the bill now goes through what is called sponsorship, interpellation and amendments. Sponsorship is where the essential and salient features of | the bill is presented as well as to underscore the rationale for the bill's enactment. The period of interpellations is where debate over the bill _ takes place. This is where arguments of lawmakers in opposition | to and those in favor of the bill’s passage are heard. After the period of interpellations, the period of amendments come in. This Period is divided into two stages — the period of committee amendments and. the period for individual amendments, amendments on the Proposed by the individual legislators in plenary session. Sut 4amendments may or may not be accepted by the sponsor of the bill. If a deadlock ensues, a division of the house will be called. After the conclusion of the period of individual amendments, the bill is again read on Third Reading. Once passed, it is then transmitted to the other chamber and it will undergo the same procedure as it did in the chamber that transmitted it. In the event the other chamber has a similar bill and the two (2) measures, Senate version and House version have conflicting provisions, a Bicameral Conference will be constituted in order to thresh out the conflicting provisions of both bills. After its conclusion, a Bicameral Conference Committee Report will be transmitted to both houses of Congress for its approval. The Bicameral Report will contain the reconciled version of the bill. Once passed by Congress, the “enrolled” bill, enacted by both Houses of Congress and certified by its officials is then transmitted to the Office of the President for consideration. The President may approve or reject the bill or allow the same to lapse. The important thing to remember is that when researching, ona law one needs to take into consideration the following: Legislative History Refers to the life of a particular bill from the time it was filed until such time as it is signed into law. This history is is contained in a document prepared by the Bills and Index Service of both chambers of Congress. Even if a bill doesn’t become law, its legislative journey through the legislative mill is documented and stored in the legislative archives. Such document would indicate the dates when a bill was filed, referred to a committee, taken under plenary interpellation, amendments and when it was passed. The legislative history can aid the researcher in1 minutes or records of the deliberation. yy, tory as a guide the researcher ,, ching through voluminous recon “Se looking for the having the legislative his have a difficult time in seat the legislative archives. ‘Minutes of Commitice Meetings ‘This refers to a transcription or records of the deliberation, made during committee hearings. Deliberations made di this stage is important as it provides an insight as to how 2 particular bill is revised and finalized at the committee level. The minutes would reveal the position or arguments espoused by various stakeholders who would be affected by the proposed legislative measure. It provides, at the earliest instance, for the basis of the legislative intent behind any legislative measure. Committee Reports ‘A committee report is a formal statement made by 2 committee on a bill referred to it. It contains the bill as prepared by the committee for consideration by the members of Congress in plenary as well as outlining the reasons for the way the provisions of the bill were crafted. It is through this document that a researcher may infer as to the rationale for the over-all crafting of the bill as well as to the rationale behind ifs individual provisions. Bicameral Committee Reports Refers to a formal report given by a bicameral committee to both chambers of Congress outlining and explaining % reasons behind the reconciliation of the disagreeing provisions a bill. Such report also contains the actual reconciled bill signing by both the Senate President and Speaker of the Hous) and subsequently for signing of the President. It is through document that one may see how the disagreeing provisio™ 36the Senate version vis-a-vis the House version were reconciled and the reasons behind it. Legislative Record A legislative record may refer to either the Senate Record or the Record of the House of Representatives. It is a verbatim record of the deliberations of both chambers in plenary session It is through this document that one may review the statements and arguments made by the legislators as well as the amendments proposed and accepted. Legislative Journal A legislative journal may refer to either the Senate Journal or the Journal of the House of Representatives. Unlike the legislative record, a journal is a narrative of the plenary sessions of Congress - a summary so to speak where the deliberations are reported. Privilege Speeches This refer to speeches delivered by legislators in plenary session dealing either with a question of personal privilege or collective privilege. Personal privilege refers to any matter that affects that particular legislator such as his name, reputation, or family. Collective privilege refers to matters or issues that affect the legislative body as an organization. Implementing Rules and Regulations Implementing rules and regulations (IRRs) refer to administrative issuances by a government body or agency that implements the provisions of a law. The agency that is tasked in issuing such IRRs is usually the one mandated by that very law to administer and apply it. 7Bangko Sentral ng Pilipinas (Bgpy, the Bang and regulations related a the tasked issue Tule usually the tae banking-related laws such as the Gener such agencies are tasked to come oy, vith memoranda or circulars that explain or at times Provide fp their own interpretation of a particular legal provision. In other instances, Jurisprudence Jurisprudence refer to the body of decisions promulgateg by the Supreme Court. ‘These decisions interpret provisions of the law as well as | 1 controversies that arise from it between partes, resolve actual it 86 Lex non exacte definit, sed arbitrio boni viri permitt In looking for cases that would support your argument o: buttress your research, one may take look for the following: Precedents This refer to decisions promulgated by the High Court that sets the tone for all other subsequent similar cases. It usually involves questions of law that are judicially determined for the first time — stare decisis, et non quieta movere.*” The doctrine of stare decisis, embodied in Article 824 of the Civil Code, is enunciated, thus: “The k # law does not define exactly, but trusts in the judgment of a good man "To adher 10 precedents, and not to unsettle things which are established- or ‘ermin vs. People, 550 SCRA 132, March 28, 2008 38“The doctrine of stare decisis enjoins aiherence to judicial precedents, It requires courts in a country to followe the rile established in a decision of the Supreme Court thereof. Tact decision becomes a judicial precedent to be followed in subsequent cases by all courts in the land. The doctrine of stare decisis is based on the principle that once a question of laze has been examined and decided, it should be deemed settled and closed to further argument. Indeed, I always want to be careful and sparing in departing from unequivocal rules and precedents or established doctrines which leave no room for misunderstanding or misconstruction. It is certainly disconcerting to visualize litigants as being players in a game the governing rules of which are susceptible to being changed in the middle of play, with the referee immediately enforcing the modified rules Stare decisis et non quieta movere. This principle of adherence to precedents has not lost its luster and continues to guide the bench in keeping with the need to maintain stability in the law.) Landmark Cases ‘This refers to decisions that mark a turning point as far as the appreciation and interpretation of laws are concerned. It short, such cases introduces either a doctrine or a reversal of such. In one case, a concurring opinion aptly described 2 landmark case as follows — The decision of the Court penned by the Chief Justice easily ranks with his many landmark opinions in Constitutional Law and is in the tradition of the great judicial “ Castilo v. Sandiganbayan, 427 Phil. 785, 783: 377 SCRA 509, 515 (2002) * Miranda vs. Court ot Appeals, 71 SCRA 295, June 18, 1976 ' Tala Realty Services Corp. vs. Banco Flipino Savings and Morigage Bank 359 SCRA 489, June 25, 2001pronouncements from this Tribunal. Skillful in its ang, impressive as to its learning, comprehensive in its scope compelling in its logic, it exerts considerable persuasive 5, There is much in it therefore to which concurrence is ea yielded.2? In fact, the Supreme Court itself acknowledges land, cases throughout its jurisprudential history, iter alia, as follows. ‘As was aptly stated by Justice Jose P. Laurel in the 1936 landmark case of Angara vs, Electoral Commission. “The Constitution sets forth in mo uncertain language the restrictions and limitations upon governmental powers and agencies. If these restrictions and limitations are transcended i ‘would be inconceivable if the Constitution had not provided for 1a mechanism by which to direct the course of government along constitutional channels, for then the distribution of powers would be mere verbiage, the bill of rights mere expressions of sentiment, and the principles of good government mere political apotegms.® There is still need it seems, to recall fundamentals at times. This is one of them. The categorical affirmation of Chief Justice Marshal in the landmark decision, Marbury vs. ‘Madison, comes to mind: "It is emphatically the province and duty of the judicial department to say what the law i."That is the basis for the exercise of the function of judicial review, which isa corollary to the cardinal postulate that the Constitution is the fundamental law. In the leading case of Angara vs. Electoral Commission, Justice Laurel spoke of this peculiarly American doctrine imposing upon the judiciary the duty of enforcing the Constitution in the determination of ‘actual cases and controversies. Such a principle is the necessary consequence of the supremacy of the Constitution, with the Supreme Court, in the last analysis, as its guardian. There is this caveat. It can act as such onily when it exercises its judicial function. This Tribunal then cannot avoid its sworn duty give effect to its mandates. It must not sanction a constitutional breach. It should strike down legislative or executive acts int 5 Lansang vs. Garcia, 42 SCRA 448, December 11, 1971 6 Sanidad vs. Commission on Elections, 73 SCRA 839, October 12, 1975 40conflict with the fundamental law. It can, of course, on the other hand affirm their validity. The function of judicial review has thus both a checking and a legitimating aspect. The incorporation of the second paragraph of Section 20 in the Bill of Rights of the 1973 Constitution zoas an acceptance of the landmark doctrine laid down by the United States Supreme Court in Miranda vs. Arizona. In that case , the Court explicitly stated that the holding therein “is not an innovation in our jurisprudence, but is an application of principles long recognized and applied in other settings.” And whilst college sophomores are taught that the Milligan case stands as a constitutional landmark , the hard fact is that of late governors have frequently declared ‘martial Two’ and ‘war” and have been judicially sustained in their measures, Undoubtedly, many of these cases involving the suspension of strikers went much too far:5# IfLentertain a different view then itis because I proceed from a distinct major premise. The writ of habeas corpus, to my ‘mind, following the classic statement of Justice Malcolm, In the landmark case of Villavicencio v. Lukban: “was devised and exists as a speedy and effectual remedy to relicoe persons from unlawful restraint, and as the best and only sufficient defense of personal freedom. Any further rights of the parties are left untouched by decision on the torit, whose principal purpose is to set the individual at liberty."*7 Pro Hac Vice Decisions This refer to a decision of the Supreme Court that applies to a particular entity or situation only and may not be applied to other cases, no matter how similar they may be. Chief Justice Femando, Opinion; Ticzon vs. Commission on Elections, 103 SCRA 671, March 31, 1981 People vs. Maqueda, 242 SCRA 565, March 22, 1995 % Aquino, Jr. vs. Enrile, 59 SCRA 183, September 17, 1974 ®” Medina vs. Yan, 60 SCRA 72, September 30, 1974 4aLatest Decisions This refer to decisions promulgated by the Supreme | within the current year the research is being ma Note that one can get copies of the actual decisions of the Supreme Court either from its official website or from the Supreme Court Reports Annotated (SCRA) published Centralbooks — available in printed material or through its a SCRA portal found in its website. One may also get electronic copies of Supreme Cou decisions from its website and from other websites Offering copies or reproductions of said decisions. Legal References Legal references refer to secondary sources of authority such as a law dictionary or encyclopedia. Other sources would include law journals and reviews legal treatises and annotated works. More often than not, these sources are used in research as well as in decisions of the Supreme Court, Law Dictionary local authors, An exampl fore is as follows: ple of a dictionary re ‘Forum” comes from the Latin wor ‘what was understood to be i = foram. From ‘ marketplace or public place” in 2ancient Rome ("Webster's Third New — International Dictionary ,” Unabridged, Vol. 1, p. 896) it has come to mes also as “a court of justice, or judicial tribunal” (“Black's La Dictionary,” Revised 5th Edition, p. 334)."58 Law Encyclopedia Refers to an academic work that provides information on legal terms, concepts and doctrines. It differs from a dictionary because it does not only provide definitions but at times an explanation of the legal term in question, its history, cases wherein it was applied and other pertinent information Examples of these works are the popular American Jurisprudence and Corpus Juris Secundum A clear example of the use of law encyclopedia is in the case of US vs. Ocampo as follows: “In volume 30 of the American and English Encyclopedia of Law , page 86, it is stated: " ‘Where an information states an offense, and is sworn to positively by some person, it is sufficient of itself to authorize a clerk to issue a warrant for the arrest of the defendant without any finding by the clerk or other person of probable cause to believe the defendant guilty.’ "Conceding again, for the sake of argument, that the warrants in this case are void because no probable cause was found by the court before issuing them, the accused Ihave waived all their rights to object to the same by appearing and giving bond.” Law Journals and Reviews Refer to regular publications by law schools and other itutions. These regular publications contain scholarly works of their faculty and students on particular areas of law. 5° Certification of Non-Forum Shopping Redux: A Porous Wall?, 352 SCRA 356, February 20, 2001 °48 Phil. 1 [1910]“An example of a law journal reference is as follows: n -mentioned sect a closer perusal of, the bOUe INES a fh a tne state has a dual function. when it comes to ee erty ~ that of the protection of intellectual Se canal avis the diffusion of said intellectual rpery ee emotion of atonal devdopnent and regres and necessarily the general welfare. “Take note that the las “Niberatize” to qualify the registra ist paragraph uses the word tion of technology transfers, This means that the prohibitive clauses contained wy 87 are not absolute but may be interpreted in under Sectio? e ; reted ceptions in certain meritorious such a way a3 to allow ex cases." Legal Treatise Refers to a scholarly work done by an expert in that | particular field of law. Such works are often products of scholarship or research grants with the aim of enriching our legal knowledge on that particular area of study. A clear example of this use is as follows: “Instructive is the brief treatise made by Mr. Justice Isagani A. Cruz, whose words we quote — “There are two views on the effects of a declaration of the unconstitutionality of 4 statute, The first is the orthodox view, Under this rule, a3 announced in Norton vs. Shelby, an unconstitutional act is not 4 law; it confers no right; it imposes no duties; it affords no © Applying a Li nabelyng a Liberal Interpretation to the Mandatory and Prohibttve Provisions) Intellectual Prope rt POLICY REVIEW, wey by Atty. David Robert C. Aquino, ARELLANO lume 5, No. 1. February 2004 Issue, Aretane 4 |protection; it creates no office: it is, in legal contemplation, inoperative, as if t had not been passed.”*t Annotated Works Refer to books written by members of the legal academe or the judiciary explaining aspects of law within their areas of expertise. Thus, a professor of law in labor standards may annotate or explain the provisions of the Labor Code for use of law students and practitioners and published by a reputable law book publisher. Examples of annotated works are those written by notable local law book authors such as Justice Isagani Cruz, Justice Jose Vitug, Senator Miriam Defensor Santiago, David Robert Aguino, Arturo Tolentino, and Ruben Agpalo, An example of such use is as follows: “Petitioner cites noted author and former Senator Jovito R, Salonga inthis book , Philippine Law of Evidence, 1958 Ed., page 127 that: “As a general proposition, therefore, where a ‘material averment is not specifically denied, itis admitted to be true for purposes of the action and the plaintiff need not prove the truth of such allegations. "6 ‘As can be seen from the above examples, these sources are often used in court-bound pleadings and more often than not, buttress the arguments being made. Non-Legal Sources Nonvlegal sources refer to materials that are basically devoid of a legal nature, It is not a law, not a decision by the court and not a government issuance. In short, it is not a product of a legal process or exercise. * Republic vs. CA, 227 SCRA 509 [1993] © Loyola vs. HRET, 229 SCRA 90 [1994]