Legal Principles and Judicial Decisions

Hierarchy of Laws

• A subsequent law is incompatible with an earlier law only if there is no express repeal and there is doubt.
• The law may be hard, but it is still the law ("dura lex sed lex").

Judicial Decisions

• Judicial decisions applying or interpreting the laws or the Constitution are part of the legal system of the Philippines.
• The judicial department has no power to enact laws, as that is the exclusive province of the legislative department.

Doctrine of Stare Decisis

• The doctrine of stare decisis means that when the Court has once laid down a principle of law, it will adhere to that principle and apply it to all future cases where the facts are substantially the same.
• The doctrine enforces adherence to judicial precedents, but does not mean blind adherence; if the doctrine is found to be contrary to law, it should be abandoned.

Application of Laws

• No judge or court shall decline to render judgment by reason of the silence, obscurity, or insufficiency of the laws.
• In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail.

Repeal of Laws

• Laws are repealed in two ways: express and implied repeal.
• Express repeal is that contained in a special provision of a subsequent law.
• Implied repeal takes place when the subsequent law is inconsistent with the earlier law.

Administrative Acts

• Administrative or executive acts, orders, and regulations are valid only when they are not contrary to the laws or the Constitution.

Publication of Laws

• Publication is necessary for the application of the maxim "ignorantia legis non excusat" (ignorance of the law is no excuse).
• Publication must be effected in the Official Gazette, as ruled in the TENADA v. TUVERA case.
• EO No. 200 was passed by President Corazon Aquino on June 18, 1987, amending Sec. 2 of the Civil Code.

Doctrine of Processual Presumption

• In the absence of proof, our courts will presume that the foreign law is the same as our local or domestic or internal law.
• This is known as the doctrine of processual presumption.

Ignorance of Law vs. Ignorance of Fact

• Ignorance of the law is no excuse to defend an action, whereas ignorance of fact may excuse a party from legal consequences of his conduct.