What is the duty of the Philippine Judges in case of insuffeciency of laws?

It is the duty of a judge to decide on every case assigned to him. As Article 9, of the Civil Code states:

"A judge cannot decline to render judgment by reason of the silence, obscurity or insufficiency of the laws."

Article 10 adds:

"It is the duty of the judge to apply the law without fear or favor. In case of doubt in the interpretation or application of the laws, it is presumed that the lawmaking body intended right and justice to prevail."

So whether the judge knows what law is applicable he must render a judgment. This judgement may be based on legally sound customs, previous Court decisions, general principles of law and equity; and accepted rules of interpreting the law.

The rule is different in criminal cases. If there is no law punishing an act (or inaction) there is no crime committed. This is embedded in the legal maxim "Nullum crimen sine lege, nulla poena sine lege."

If there is no law punishing an act complained of, the judge must dismiss the case.

An Overview Philippine Laws

How is "law" defined generally?
"Law" (may)  refer to the whole body or system of law.

As a rule of conduct, it is just and obligatory, laid down by legitimate authority for common observance and benefit.


What does "the body or system of law" include?
1)Statutes enacted by the legislature;
2)Presidential issuances in his exercise of his legislative power as allowed by the Constitution;
3)Rulings of the Supreme Court construing the law;
4)Rules and regulations promulgated by administrative or executive officers pursuant to a delegated power;
5)Ordinance passed by sanggunians of local government units; (Agpalo, 2003 p.1)

How are Philippine laws generally classified?

Political Law
   Constitutional Law
   Public International law
   Administrative Law
   Law on Public Corporations
   Election Law

Labor Law
  Labor Standards
  Labor Relations

Criminal Law
  Revise Penal Code
  Penalties
  Special Criminal Law
 
Civil Law
  Persons and Family Relations
  Wills and succession
  Obligations and Contracts
  Torts and Damages
  Partnership and Agency
  Sales and Special contracts.
  Property

  Land Titles and Deed

  Credit Transactions

  Taxation

Commercial Law
  Corporation Law
  Transportation Law
  Intellectual Property Law
  Banking Law
  Insurance Law
  Special Commercial Laws
  Negotiable Instruments  Law
 
Remedial Law
  Civil Procedure
  Criminal Procedure
  Special Procedure
  Provisional Remedies and Special Civil Actions
  Evidence

What are the three (3) Branches of the Philippine Government and their functions?


Executive - headed by the President. He's the one who executes the laws.

Legislative - Congress (House of Representative and The House of the Senate) as a body they make, alter, or repeal laws.

Judicial - Supreme Court is vested by power to interpret the law. It is composed of a Chief Justice and 14 Associate Justices.

On the Concept of Evidence

 Remedial Law; Evidence; Definition

The concept of evidence:

 Sec 1. Rule 128 of the Rules of Court States: Evidence defined - Evidence is  the means sanctioned by these rules, of ascertaining in judicial proceeding the truth respecting a matter of fact.

Evidence is not an end in itself  but merely as a "means" of ascertaining the truth of a matter of fact.

The purpose of evidence is know the "legal truth." Thus, a supposed evidence that would undoubtedly show the innocence of the accused will not be considered  in the decision of the court  if not formally offered in evidence.

When Required - When not required

Evidence is required when the court has to resolve a question of fact. Where no factual issue exists, there is no need to present evidence. Other instances where evidence is not required:
1)The pleading in civil case do not tender an issue of fact.
2)Matters of judicial notice
3)Matters judicially admitted.
4)By agreement of the parties.

Other cases rules of evidence not applicable.
The  rules of evidence, being part of the Rules of Court, apply only to judicial proceedings. (Sec.1 Rule 128, Rules of Court)

In what cases is the Rules of Court not applicable? Election cases, land registration, cadastral, naturalization and insolvency proceedings, and other cases not herein provided for, except by analogy or in a suppletory character and whenever practicable and convenient.  (Riano 2009, p. 1-4)

Proof vs Evidence
"Proof is the effect of evidence." 


Cheerio!

-Rah