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LAW > 2nd class > Flashcards

2nd class Flashcards

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1
Q

organization of courts

A

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

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2
Q

The ___ consists of hierarchy of courts resembling a pyramid, with the Supreme Court at the apex.

A

Philippine judicial system

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3
Q

The Philippine judicial system consists of hierarchy of courts resembling a pyramid, with the ___ at the apex.

A

Supreme Court

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4
Q

Under present legislation, the other regular courts are:

A

(i) Courts of Appeals;
(ii) Regional Trial Courts; and
(iii) lower level courts — Municipal Trial Courts, Metropolitan Trial Courts, Municipal Circuit Trial Courts.

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5
Q

(iii) lower level courts

A

Municipal Trial Courts, Metropolitan Trial Courts, Municipal Circuit Trial Courts.

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6
Q

There is, under the Constitution, a special anti-graft court — .

A

the Sandiganbayan

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7
Q

It forms part of the judicial hierarchy together with the Court of Tax Appeals

A

the Sandiganbayan

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8
Q

a special tax court created by law, on the same level as the Court of Appeals

A

Court of Tax Appeals

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9
Q

Administrative bodies under the executive branch performing quasi-judicial functions

A

Quasi-Judicial Agencies

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9
Q

Quasi-Judicial Agencies

A

National Labor Relations Commission (NLRC), Securities and Exchange Commission (SEC), Land Transportation Franchising and Regulatory Board (LTFRB), Insurance Commission (IC).

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10
Q

(NLRC),

A

National Labor Relations Commission

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11
Q

(SEC),

A

Securities and Exchange Commission

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12
Q

(LTFRB),

A

Land Transportation Franchising and Regulatory Board

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13
Q

(IC).

A

Insurance Commission

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14
Q

the ___ – Also includes the independent Constitutional Commissions

A

Quasi-Judicial Agencies

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15
Q

independent Constitutional Commissions

A

Civil Service Commission (CSC), Commission on Elections (COMELEC), and the Commission on Audit (COA).

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16
Q

(CSC),

A

Civil Service Commission

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17
Q

(COMELEC),

A

Commission on Elections

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18
Q

(COA).

A

Commission on Audit

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19
Q

how does a bill become a law?

A

the proposal > three readings > presidential action

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20
Q

the proposal

A

proposal from the president, gov agencies, private citizens, interest groups, and legislators > congress composed of the senate and house of representatives acts on proposals and suggestions > bill is filed with the secretary general, a bill filed in the house is labeled H.B. while one filed in the senate is S.B.

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21
Q

three readings

A

reading of the title/author(s), referral to appropriate committee(s), if favorable, a report is submitted through committee on rules, if rejected, bill dies a natural death&raquo_space; committee on rules include bill in calendar of business for second reading > sponsorship message, period of debate, period of amendments, amendments shall be done in accordance with rules of the house&raquo_space; members vote and if approved, bill shall be scheduled in calendar of bills for third reading > distribution of bill in final form, no amendments allowed, roll call vote is called, if approved by majority of the members constituting a quorum, transmit bill to other house

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22
Q

presidential actions

A

if approved by the other house through a majority vote of its members, the final version of the bill is signed by the senate president and the speaker of the house > transmitted of bill to president for his action

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23
Q

president approves bill…

A

law shall take effect after 15 days following the completion of their publication either in the official gazette or newspaper of general circulation in the ph, unless otherwise stipulated

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24
Q

if no action within 30 days of receipt…

A

bill lapses into law

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25
Q

president vetoes bill and returns it to originating house with explanation

A

override veto by 2/3 votes of both houses

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26
Q

in case of conflicting provisions between the two houses…

A

a bicameral conference committee is constituted to reconcile differences

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27
Q

Effectivity of Laws

A

Article 2. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette or in a newspaper of general circulation in the Philippines, unless it is otherwise provided (New Civil Code of the Philippines).

28
Q

Publication of Laws

A

● Requirement of due process
● All statutes, including those of local application and private laws, shall be published as a condition of their effectivity.
● Exception: Interpretative regulations and those merely internal in nature, that is, regulating only the personnel of the administrative agency and the public, need not be published.

29
Q

Effectivity Date after Full Publication

A

While as a rule, laws take effect after 15 days following the completion of their publication in the Official Gazette or in a newspaper of general circulation in the Philippines, the legislature has the authority to provide for exceptions, as indicated in the clause “unless otherwise provided.”
● Legislature may, in its discretion, provide that the usual 15-day period shall be shortened or extended.

30
Q

Effectivity of Law from Viewpoint of Subject

A

Article 3. Ignorance of the law excuses no one from compliance therewith (New Civil Code of the Philippines).

Ignorantia legis non excusat

31
Q

Who are subject to Philippine laws? (1)

A

Laws relating to family rights and duties, or to the status, condition, and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad (Art. 15, NCC).

32
Q

Who are subject to Philippine laws? (2)`

A

Penal laws are binding on all persons who live or sojourn in the Philippine territory (Art. 14, NCC).

33
Q

Who are subject to Philippine laws? (3)`

A

Exceptions: (i) Treaty stipulations; (ii) Laws of preferential application; (iii) Principles of Public International Law.

34
Q

Effectivity of Law from Perspective of Time

A

Article 4. Laws shall have no retroactive effect, unless the contrary is provided (New Civil Code of the Philippines).

35
Q

Prospective Application

A

All statutes are to be construed as having only a prospective operation = made to apply only to acts committed after its effective date.

36
Q

Retroactive application is allowed:

A
  • Penal laws favorable to the accused
  • When the law is curative in nature
  • When the law is procedural in nature
37
Q

Court’s Duty to Decide Cases

A

Article 9. No judge or court shall decline to render judgment by reason of the silence, obscurity, or insufficiency of the laws (New Civil Code of the Philippines).

38
Q

Sources of Rules Where Law Wanting

A
  1. Customs, which are not contrary to law, public order, or public policy;
  2. Court decisions, foreign or local, in some instances;
  3. Legal opinions of qualified writers and professors;
  4. General principles of justice and equity; and
  5. Rules of statutory construction.
39
Q

There is no crime when there is no law punishing it.

A

“Nulla poena sine lege”

40
Q

the act or process of discovering and expounding the meaning and intention of the authors of the law with respect to its application to a given case, where that intention is rendered doubtful, among others, by reason of the fact that the given case is not explicitly provided for in the law.

A

Statutory Construction

41
Q

refers to the drawing of the true nature, meaning, and intent of the law through an examination of its provisions.

A

Interpretation

42
Q

One does not need to go outside of the context of the statute.

A

Interpretation

43
Q

process of using tools, aid, references extant from the law in order to ascertain its nature, meaning, and intent.

A

Construction

44
Q

Interpretation and Construction of Laws (1)

A

It is not necessary to interpret and construct when the law speaks in clear and categorical language. The duty of the court in such as case is to APPLY the law, not to interpret it.

45
Q

It is necessary to interpret or construct when any of the following reasons exist:

A
  1. When the language of the statute is ambiguous, doubtful, or obscure when taken in relation to a set of facts;
  2. When reasonable minds disagree as to meaning of the language used in the statute.
46
Q

The ___ has the delicate task of ascertaining the significance of a constitutional or statutory provision, an executive order, a procedural or a municipal ordinance.

A

judiciary

47
Q

To assure stability in legal relations and avoid confusion, it has to speak with one voice.

A

judiciary

48
Q

The ___, as the highest judicial organ, has the final say.

A

Supreme Court

49
Q

What it says is definite and authoritative, binding on those who occupy the lower ranks in the judicial hierarchy.

A

Supreme Court

50
Q

Aids in Interpretation and Construction

A

● Intrinsic Aids
● Extrinsic Aids

51
Q

Parts of a Statute

A

TITLE, PREAMBLE, ENACTING CLAUSE, BODY, EXCEPTIONS AND PROVISO, INTERPRETATIVE CLAUSE, REPEALING CLAUSE, SAVING CLAUSE, SEPARABILITY CLAUSE, EFFECTIVITY CLAUSE

52
Q

that part of the statute which gives a general statement of, and calls attention to, the subject matter of an act, so that legislators and the public may be appraised of the subject matter of the legislation, and be put upon inquiry in regard thereto.

A

TITLE

53
Q

Can a bill embrace more than one subject?

A

“Every bill passed by the Congress shall embrace only one subject which shall be expressed in the title thereof.”
- Section 26 (1) of Article VI, Constitution

54
Q

Purpose of the “One Subject, One Title” Rule

A

● To prevent hodge-podge or log rolling legislation;
● To prevent surprise or fraud upon the legislature;
● To fairly apprise the people of the subjects of legislation being considered so that they may have the opportunity of being heard thereon, if they so desire.

55
Q

part of the statute following the title and preceding the enacting clause, which states the reasons for, or the objects of the enactment.

A

PREAMBLE

56
Q

part of the statute that indicates the authority that promulgated the enactment.

A

ENACTING CLAUSE

57
Q

The ___ is not essential to the validity of the law but this clause clothes the statute with a certain dignity because the specific authority that promulgated the law is stated therein.

A

enacting clause

58
Q

contains the subject matter of the statute.

A

BODY

59
Q

The ___ of a statute should embrace only one subject matter as required in the Constitution.

A

body

60
Q

This requirement is not violated simply because it contains diverse provisions. For as long as those provisions are allied and germane to the subject and purpose of the bill, the said requirement is deemed complied with.

A

The BODY of a statute should embrace only one subject matter as required in the Constitution.

61
Q

clause added to an enactment for the purpose of acting as a restraint upon or as a qualification of, the generality of the language which it follows.

A

EXCEPTIONS AND PROVISO

62
Q

that part of the statute where the legislature defines its own language or prescribes rules for its construction.

A

INTERPRETATIVE CLAUSE

63
Q

that part of the statute that announces the legislative intent to terminate or revoke another statute or statutes.

A

REPEALING CLAUSE

64
Q

this restricts a repealing act and preserves existing powers, rights, and pending proceedings from the effects of the repeal.

A

SAVING CLAUSE

65
Q

a clause which states that if for any reason, any section or provision of the statute is held to be unconstitutional or invoked, the other section or provision of the law shall not be affected thereby.

A

SEPARABILITY CLAUSE

66
Q

a clause which states the effectivity of the law/statute.

A

EFFECTIVITY CLAUSE

67
Q

What the courts can do?

A
  1. Primarily, the court’s duty is to ascertain the true intent of the statute.
  2. In the pursuit of this duty, the court can resort to all legitimate aids to construction.
  3. It can depart from the language of the statute if by so doing, the legislative purpose could be carried out.
  4. It may correct clerical errors, mistakes, or misprints, which if not corrected, would render the statute meaningless.
  5. It can issue guidelines in applying the statute in order to delineate what the law requires.
68
Q

What the courts cannot do?

A
  1. The court cannot speculate as to the intent of the law.
  2. The court cannot supply a meaning not found in the phraseology of the law.
  3. The court cannot assume a purpose, which is not expressed in the statute.
  4. The court cannot change the meaning of the law, especially if the meaning will defeat the purpose of the law.
  5. The court cannot interpret into the law a requirement, which the law does not prescribe.
  6. The court cannot enlarge the scope of the statute and include transactions or situations not provided by the legislature.

LAW (7 decks)

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