Chapter 1-5 Flashcards
Law
Body of rules of action or conduct prescribed by controlling authority and having binding legal force.
Where is the law of a state found?
Found in its statutory and constitutional enactments and in the absence of statute laws, the ruling of the court.
2 classification of law
Non jural - divine law, natural law, moral law and physical law
Jural - constitional enactments, EO, decrees, judicial precedents, city and municipal or ordinances
Primordial purpose of law
Ordained for the common benefit and subject to observance and obedience every citizen of a country
The welfare of the people is the supreme law
Salus populi est supreme lex
Natural law
-Binding force and compulsive authority which originates from the Almighty God
- an ordinance of divine wisdom which made known to us by reason and requires the observance of the moral order.
Physical law
- Spontaneous rule of the universe without human intervention
- set of rules governing the actions and movement of things
Moral law
Set of rules governing the conduct of mankind and defines human actions between right and wrong according to the conscience of man
Divine law
Refers to the 10 commandments
Divine positive law
refers to the doctrines and rules of the Church with which human relations and conduct should be patterned,
Public law
governs relations between legal persons and a government, between different institutions within a state, between different branches of governments, as well as relationships between persons that are of direct concern to society.
- compendium of laws by virtue of which the state, that encompasses, the entire public as a whole especially involved.
Constitutional law
Outlines and defines the power of the three branches of our republican government
- fundamental or organic law that governs a nation or state in relation to its citizens and body electorate
Administrative law
Rules, regulations, orders and decisions created by administrative agencies to carry out regulatory powers and duties of such agencies
-species of public law which defines the organization and determines the competence and integrity of administrative officials in the government and quasi-judicial bodies
International law
body of rules that regulate the common nations, including treaties and agreements entered into by sovereign countries
Private law
Defines, regulates, enforces and administer relationships among individuals, associations and corporations.
includes law of persons and family relation
1. law on property
2. law of obligations and contracts
3. procedural law governing legal remedies under rules of court
4. procedural law governing disputes that are non-litigious in nature (cognizance in quasi-judicial bodies or agencies of the government
Sources of law
A. Legislation
B. Precedent
C. Customs
(d. Court Decisions)
Legislation
Laws that are promulgated or a declaration of legal rules and statutes by a competent authority
Precedent
Decision promulgated by a court of competent jurisdiction.
Customs
Habits and practices lengthy and uninterrupted usage acknowledged by society as binding rules of conduct
Characteristics of customs
- generally observed and practiced by citizens of the country.
- Must be observed as a right
- Must be practiced from time immemorial
Elements of Customs
- justice, giving everyone his due
- honesty
- good faith
- rights should not be abused, no person should be enriched at the expense of another
- respects of human personality
- freedom of religion
- privacy
Sources of Human law
derived their binding force from natural law and ultimately from Almighty God
Roman Law
Civil law
when NCC is ambiguous or unclear
refer to the old civil code of Spain
damnun absque injuria
a loss or injury which does not give rise to an action for damages against the person causing it
a loss or injury which does not give rise to an action for damages against the person causing it
damnun absque injuria
ad hominem
attacking personal life or character of the opponent in an argument
attacking personal life or character of the opponent in an argument
ad hominem
a rule of evidence whereby negligence of the alleged wrongdoer may be inferred from the mere fact that incident happened
res ipsa loquitur
a rule that forbids the introduction of collateral facts which by their nature incapable of affording any reasonable presumption or inference as to the principal matter in dispute.
introduction of new evidence that is different from the time of the issue is not admissable
res inter alios acta
property of nobody , has no owner , not appropriated by any person
res nullius
when the thing is lost or destroyed, it is lost to the person who was the owner of it at the time
res perit domino
right of possessing which is the legal consequence of ownership.
jus possidendi
urban servitude in roman law, the owner had the right of supporting the building upon the house wall of another
jus oneris ferendi
the right to abuse, the right to do exactly as one likes with property
jus abutendi
right to use the property without destroying its substance
jus utendi
right of hunting and fishing
jus venandi et piscandi
The rule requires that where in a statute there are general words following particular and specific words, the general words must be confined to things of the same kind as those specifically mentioned.
ejusdem generis
It is a Latin phrase that says ‘Express Mention and Implied Exclusion’ that means express mention of one thing excludes all other things
expressio unius est exclusio alterius
right to fruits of plants doesn’t belong to another
jus fruendi
No time runs against the king.”A maxim of medieval common law meaning that a sovereign is not bound by any temporal limitations in seeking damage
nullum tempus occurrit regi
no one can forfeit another’s right
Nullus jus alienum forisfacere potes
means ‘no person is understood to be a competent witness in his own cause.
This maxim is often seen applied while deciding the competency of witnesses. It states that a person cannot be a witness in his own suit.
nullus idoneus testis in re sua intelligitur
rendered by the competent court, in the court and the interpretation or application of the laws and the constitution, they form part of the law of the land.
judicial decisions (precedent)
being responsible for a child while the child’s parents are absent: While children are in school, teachers
loco parentis
art 9 of the NCC
No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws.
art 10 of the NCC
In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail
art 11 of the NCC
Customs which are contrary to law, public order or public policy shall not be countenanced.
art 12 of the NCC
A custom must be proved as a fact, according to the rules of evidence.
Without which, not.” Though this may sound like gibberish, it means more or less “Without (something), (something else) won’t be possible.”
sine non qua
evidence in quasi-judicial bodies
relevant evidence that a reasonable mind might accept as adequate to support a conclusion
emancipation
refers to the relationship between parents and minor children whereby the parents are vested with parental authority
the law may be harsh but it is the law
Dura lex sed lex
the principle that the buyer alone is responsible for checking the quality and suitability of goods before a purchase is made.
caveat emptor
One of the well-known and time-honored principles in the Law on Obligations and Contracts.The rule is that no person shall unjustly enrich himself at the expense of another.
solutio indebiti
is the management of or interference with the business or affairs of another without authority.
negotiorum gestio
the father alone had any rights in private law and because of this, anything that the child acquired became the father’s property.
patria potestas
when the reason for a law ceases, the law itself ceases] The principle that when the grounds that gave rise to a law cease to exist, the law itself ceases to exist.
cessante ratione cessat ipsa lex
refers to a donation whether movable or immovable as an expression of love by the prospective groom to his wife, made before the celebration of marriage by reason of or in consideration of such marriage
donation propter nuptias
Dispositive portion/fallo
resolution of the court and which is the subject of execution,
eternal law
it is the wisdom of God’s reason as it directs and commands every action and movement
written law
statute law of legislative enactments duly passed by the legislative department of the government
substantive and adjective law
substantive laws define our rights and define violations of such rights and duties.
adjective law informs us about the procedure of how we may enforce our rights and duties, as well as to provide redress for our grievances.
classification of Public Law
- constitutional law
-international law
-criminal law
present seat of operations for the enforcement of international agreement
United Nations General Assembly, New York City
criminal law
the division of law which defines crimes, treats of their nature and provide for its punishment.
ipso facto
by that very fact or act.
The law is harsh but it is the law.
dura lex, sed lex
rights and obligations extinguished by death
- parental authority
- absolute community of property or conjugal partnership
- in case of agency, the death of principal or agent terminates the agency
- penalty imposed by law but for civil liabilities, his estates shall be held liable.
Law on Property
.All things which are or may be the object of appropriation are considered either:
(1) Immovable or real property; or
(2) Movable or personal property.
Art. 415
Immovable or Real Property
The following are immovable property:
(1) Land, buildings, roads and constructions of all kinds adhered to the soil;
(2) Trees, plants, and growing fruits, while they are attached to the land or form an integral part of an immovable;
(3) Everything attached to an immovable in a fixed manner, in such a way that it cannot be separated therefrom without breaking the material or deterioration of the object;
(4) Statues, reliefs, paintings or other objects for use or ornamentation, placed in buildings or on lands by the owner of the immovable in such a manner that it reveals the intention to attach them permanently to the tenements;
(5) Machinery, receptacles, instruments or implements intended by the owner of the tenement for an industry or works which may be carried on in a building or on a piece of land, and which tend directly to meet the needs of the said industry or works;
(6) Animal houses, pigeon-houses, beehives, fish ponds or breeding places of similar nature, in case their owner has placed them or preserves them with the intention to have them permanently attached to the land, and forming a permanent part of it; the animals in these places are included;
(7) Fertilizer actually used on a piece of land;
(8) Mines, quarries, and slag dumps, while the matter thereof forms part of the bed, and waters either running or stagnant;
(9) Docks and structures which, though floating, are intended by their nature and object to remain at a fixed place on a river, lake, or coast;
(10) Contracts for public works, and servitudes and other real rights over immovable property.
Art. 416 Movable Property
The following things are deemed to be personal property:
(1) Those movables susceptible of appropriation which are not included in the preceding article;
(2) Real property which by any special provision of law is considered as personal property;
(3) Forces of nature which are brought under control by science; and
(4) In general, all things which can be transported from place to place without impairment of the real property to which they are fixed. (335a)
Art. 417. The following are also considered as personal property:
(1) Obligations and actions which have for their object movables or demandable sums; and
(2) Shares of stock of agricultural, commercial and industrial entities, although they may have real estate.
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts.
stare decisis
higher court as trier of acts
although the high court is not a trier of facts, its review power is not merely confined to questions of law, but may likewise consider reviewing questions of fact without which no just and complete determination of the appealed case can be attained with finality.”
once established by the court, will generally be followed by the same court and by all the courts of lower rank in subsequent cases involving a similar legal issue.
stare decisis et non quieta movere
The MOnarchs of Rome
- Romulus
- Numa Pompilius
- Tullus Hostilus
- Ancus Maritus
Tarquinus Priscus - Estruscan Princess
King Servious Priscus
Tarquinus Superbus - rebelion led by Junuis Brutus
first among equals
primus inter pares
common law
time-honored usage if customs and traditions and unwritten maxims and principles
2 categories of Shari’a Courts
Shari’a District Courts - RTC
Shari’a Circuit Courts - MTC
Shari’a District Court civil jurisdiction
(1) The Shari’a District Court shall have exclusive original jurisdiction over:
(a) All cases involving custody, guardianship, legitimacy, paternity and filiation arising under this Code;
(c) Petitions for the declaration of absence and death and for the cancellation or correction of entries in the Muslim Registries mentioned in Title VI of Book Two of this Code;
(d) All actions arising from customary contracts in which the parties are Muslims, if they have not specified which law shall govern their relations; and
(e) All petitions for mandamus, prohibition, injunction, certiorari, habeas corpus, and all other auxiliary writs and processes in aid of its appellate jurisdiction.
(2) Concurrently with existing civil courts, the Shari’a District Court shall have original jurisdiction over:
(a) Petitions by Muslims for the constitution of a family home, change of name and commitment of an insane person to an asylum;
(b) All other personal and real actions not mentioned in paragraph 1 (d) wherein the parties involved are Muslims except those for forcible entry and unlawful detainer, which shall fall under the exclusive original jurisdiction of the Municipal Circuit Court; and
(c) All special civil actions for interpleader or declaratory relief wherein the parties are Muslims or the property involved belongs exclusively to Muslims.
Shari’a Circuit Court civil/marriage jurisdiction
(a) Petitions by Muslims for the constitution of a family home, change of name and commitment of an insane person to an asylum;
(b) All other personal and real actions not mentioned in paragraph 1 (d) wherein the parties involved are Muslims except those for forcible entry and unlawful detainer, which shall fall under the exclusive original jurisdiction of the Municipal Circuit Court; and
(c) All special civil actions for interpleader or declaratory relief wherein the parties are Muslims or the property involved belongs exclusively to Muslims.
(1) All cases involving offenses defined and punished under this Code.
(2) All civil actions and proceedings between parties who are Muslims or have been married in accordance with Article 13 involving disputes relating to:
(a) Marriage;
(b) Divorce recognized under this Code;
(c) Betrothal or breach of contract to marry;
(d) Customary dower (mahr);
(e) Disposition and distribution of property upon divorce;
(f) Maintenance and support, and consolatory gifts, (mut’a); and
(g) Restitution of marital rights.
(3) All cases involving disputes relative to communal properties.
interpretation
is pursued by making use of intrinsic aids or those inferences that are found in the law itself
construction
-is implemented by the use of extrinsic aids
-discovered outside the written language of the stature itself. Including but not limited to research into the record of congressional proceedings, the minutes of the debates, and discussions by the lawmakers spoken insured the halls of both houses of Congress.
with caution
Ad cautelam
Rules of legislative interpretation and construction
- when a specific term is used throughout the statute such term shall be constantly followed and unalterable.
- when the legislative meaning and interpretation clauses are in conflict - defined by the statute itself in its totality
- in ambiguity in the description of the statute, the provision should be interpreted and construed by the courts in the manner that the law itself suggests.
- in terms in a particular statute the definition of which the legislature has given instruction to be interpreted in a similar manner as those that appear in other statutes, the said legislative definition shall be followed except when a particular law or statute specifically provided that its definition therein shall be limited in its application to the laws in which they appear.
public policy
involves selfless family relationships and the dealings with natural-born Filipinos
a government that pursues violence cannot survive, only moderate governance can long endure.
violenti nemo imperia continuit dere
