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LAW > 1st class > Flashcards

1st class Flashcards

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1
Q

defined as a rule of conduct, just and obligatory, laid down by legitimate authority for the common observance and benefit (Sanchez Roman)

A

Law

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2
Q

what is Sanchez Roman’s definition of law?

A

a rule of conduct, just and obligatory, laid down by legitimate authority for the common observance and benefit

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3
Q

characteristics of law

A
  1. rule of conduct
  2. must be just
  3. must be obligatory
  4. must be prescribed by legitimate authority
  5. must be ordained for the common benefit
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4
Q

must be ordained for the common benefit

A

“salus populi est suprema lex”

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5
Q

classifications of law

A

natural and positive law

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6
Q

law derives its force and authority from god

A

natural law

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7
Q

is superior to other laws

A

natural law

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8
Q

is binding to the whole world, to all countries, and at all times

A

natural law

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9
Q

also known as man-made or enacted law

A

positive law

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10
Q

derives its legitimacy from human authority, such as legislation, constitutions, and legal systems established by governments or other governing bodies

A

positive law

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11
Q

positive law derives its legitimacy from human authority, such as ___ (3) established by governments or other governing bodies

A

legislation, constitutions, and legal systems

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12
Q

positive law derives its legitimacy from ___, such as legislation, constitutions, and legal systems established by governments or other governing bodies

A

human authority

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13
Q

sources of law

A

legislation and precedents/ judicial decisions

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14
Q

refers to laws, statutes, ordinances, rules, and guidelines promulgated/issued

A

legislation

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15
Q

example of laws that came from legislation

A

constitution, republic act, executive order

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16
Q

___ which apply or interpret the Constitution and the laws are part of the legal system in the philippines, but they are not laws

A

judicial decisions

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17
Q

although they are not laws, they are evidence of the meaning and interpretation of laws

A

judicial decisions

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18
Q

judicial decisions which ___ are part of the legal system in the philippines, but they are not laws

A

apply or interpret the Constitution and the laws

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19
Q

once a case has been decided one way, then another case involving the same question or point of law should be decided in the same manner

A

“Stare decisis”

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20
Q

the current constitution, ratified in 1987, serves as the supreme law of the land and outlines the structure of the government, the rights and freedoms of filipino citizens, and the principles that guide the nation

A

The Philippine Constitution

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21
Q

The PH Constitution, or the current constitution, ratified in ___, serves as the supreme law of the land and outlines the structure of the government, the rights and freedoms of filipino citizens, and the principles that guide the nation

A

1987

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22
Q

serves as the supreme law of the land and outlines the structure of the government, the rights and freedoms of filipino citizens, and the principles that guide the nation

A

The Philippine Constitution

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23
Q

Supremacy of the Constitution

A

1987 PH Constitution is above all other laws

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24
Q

branches, divisions of law

A

political law
criminal law
commercial law
labor law
remedial law
civil law

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25
Q

branch of public law which deals with the organization and operations of the governmental organs of the state, defines the state’s relations with its territory’s inhabitants, and includes the Bill of Rights

A

political law

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26
Q

political law deals with the ___ of the state, defines the state’s relations with its territory’s inhabitants, and includes the Bill of Rights

A

organization and operations of the governmental organs

27
Q

political law, branch of public law which deals with the organization and operations of the governmental organs of the state, defines the ___, and ___

A

state’s relations with its territory’s inhabitants; includes the Bill of Rights

28
Q

elements of political law

A

CELA
constitution of the philippines
election laws
law on public officers
administrative law

29
Q

branch or division of law which defines crimes, treats of their nature, and provides for their punishment

A

criminal law

30
Q

under criminal law are:

A
  1. revised penal code
  2. other special laws such as: cybercrime prevention act of 2012, anti-violence against women and their children law
31
Q

to regulate business activities and promote economic growth, several laws govern commerce and trade in the Ph

A

commercial law

32
Q

under commercial law are:

A
  1. corporation code of the ph
  2. securities regulation code
  3. intellectual property code of the ph
33
Q

this code outlines the rules and regulations for the establishment, operation, and dissolution of corporations in the country

A

corporation code of the philippines

34
Q

governs the offering and trading of securities in the ph and protects the rights of investors

A

securities regulation code

35
Q

this code safeguards intellectual property rights, including patents, trademarks, copyrights, and other forms of intellectual creations

A

intellectual property code of the philippines

36
Q

protects the rights and welfare of the workers

A

labor law

37
Q

key labor laws include

A
  1. labor code of the ph
  2. occupational safety and health standards
38
Q

sets out the general principles and provisions governing employment relationships, working conditions, wages, benefits, labor standards, and dispute resolution in the workplace

A

labor code of the philippines

39
Q

these standards promote a safe and healthy working environment and provide guidelines for employers to ensure workplace safety

A

occupational safety and health standards

40
Q

Branch of law which prescribes the method of enforcing rights or obtaining redress for their invasion

A

remedial law

41
Q

key remedial laws

A
  1. Rules of Court
  2. Revised Rules of Evidence
  3. Revised Rules of Criminal Procedure
42
Q

Govern private rights and relationships between individuals

A

civil law

43
Q

some important civil laws

A
  1. Civil Code of the Philippines
  2. Family Code of the Philippines
44
Q

is a comprehensive body of laws that governs various civil matters, including obligations and contracts, property rights, family relations, succession, and other civil disputes.

A

civil code of the philippines

45
Q

provides regulations on family relations, marriage, annulment, legal separation, child custody, adoption, and other matters related to family law

A

family code of the philippines

46
Q

is a community of persons more or less numerous, permanently occupying a definite portion of territory, having a government of their own to which the great body of inhabitants render obedience, and enjoying freedom from external control

A

state

47
Q

elements of state

A

(1) People; (2) Territory; (3) Government; (4) Sovereignty

48
Q

functions of state

A

internal => people over which the state governs
external => state

49
Q

state > government > agencies

A

state > government > agencies

50
Q

inherent powers of the state

A

police power, power of eminent domain, power of taxation

51
Q

is the power of the state to regulate liberty and property for the common good

A

police power

52
Q

is the most pervasive,least limitable, most demanding of all fundamental power

A

police power

53
Q

the power to take private property for public use upon payment of just compensation

A

power of eminent domain

54
Q

section 9, article III is not a conferment of power but a limitation on the exercise f the ___

A

power of eminent domain

55
Q

___ is not a conferment of power but a limitation on the exercise f the power of eminent domain

A

section 9, article III

56
Q

refers to the inherent power of the sovereign to impose burdens upon its citizens

A

power of taxation

57
Q

branches of government

A

The structure of the Philippine government is divided into three branches:
○ the Legislative Department (Article 6);
○ the Executive Department (Article 7); and
○ the Judicial Department (Article 8)

58
Q

PRINCIPLE OF SEPARATION OF POWERS

A

The powers of the government, by virtue of this principle are divided into
three (3) distinct classes: the legislative, the executive and the judicial. They
are distributed, respectively among the legislative, executive, and judicial
branches or departments of the government.

59
Q

Under the principle of co-equal and coordinate powers among the three (3)
branches, the officers entrusted with each of these powers are not permitted
to encroach upon the powers confided to the others. If one department goes
beyond the limits set by the Constitution, its acts are null and void. The
adoption of this principle was motivated by the belief that arbitrary rule would
result if the same person or body were to exercise all the powers of the
government.

A

principle of separation of powers

60
Q

legislative, brief overview

A

makes the law: congress, senate, house of representatives

61
Q

executive, brief overview

A

carries out the law: president, vice president, cabinet

62
Q

judicial, brief overview

A

evaluates the law: supreme court, other courts

63
Q

qualifications for pres and vp

A

natural-born citizen of ph, registered voter, able to read and write, at least 40 years old, resident of ph for at least 10 years

64
Q

the judiciary branch

A

supreme court, head: chief justive
2> court of appeals, sandiganbayan, court of tax appeals
3> regional trial courts, shari-a district courts
4> metropolitan trial courts, municipal trial courts in cities, municipal trial courts, municipal circuit trial courts, shari’a circuit courts

LAW (7 decks)

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