HO_01 Flashcards
A rule of conduct, just and obligatory, promulgated by a legitimate authority, and for the common observance and benefit. (Sanchez Roman)
Law
It determines not only the activity of men as rational beings but also the movements or motions of all objects of creation, whether animate or inanimate.
Law
What are the general divisions of law?
Law (Strict Legal Sense) - State Law
Law (Non-legal Sense) - Divine Law, Natural Law, Moral Law, and Physical Law
Law of religion or faith
Divine Law
The divine inspiration of man in the sense of justice, fairness, and righteousness, not by divine revelation or formal promulgation but by internal dictates of reason alone
Natural Law
The totality of norms of good and right conduct growing out of the collective sense of right and wrong of every community and not through the understanding of the individual alone
Moral Law
The uniformities of actions and orders of sequence which are the physical phenomena that we sense and feel
Physical Law
The law promulgated and enforced by the state
State Law
What are the other terms for State Law
Positive Law
Municipal Law
Civil Law
Imperative Law
What is the concept of State Law
It is a rule of conduct, just and obligatory, promulgated by legitimate authority, and of common observance and benefit
Characteristics of State Law
Rule of Conduct
Obligatory
Promulgated by legitimate authority (legislature)
Common observance and benefit
Under the Constitution, laws are called ________?
Statutes
What is the legislative branch of our government
Congress
They are also empowered to enact ordinances which have the binding force of laws
Local government units
What would life be without the law?
It would be chaotic, life without law would be filled with disorder.
What does law do?
Law secures justice, resolves social conflict, orders society, protects interest, and controls social relations
What is our duty as a member of society?
Every citizen must know the law and one cannot be excused for committing a crime by saying e does not know the law. (Ignorance of the law excuses no one)
Sources of Law
- Constitution
- Legislation
- Administrative or Executive orders, regulations, and rulings
- Judicial decisions or Jurisprudence
- Customs
- Other sources: principles of justice and equity, decisions or foreign tribunals, opinions of text writers, religion)
The written instrument by which the fundamental powers of the government are established, limited, and defined
Constitution
It is often referred to as the fundamental law, supreme law, or highest law of the land
Constitution
It consists of the declaration of legal rules by a competent authority; It is the preponderant source of law
Legislation
These are those issued by administrative officials under legislative authority; valid only when they are not contrary to the laws and the Constitution
Administrative or executive orders, regulations, and rulings
The decision of the courts, particularly the Supreme Court, applying or interpreting the laws or the Constitution that form part of the legal system of the Philippines
Judicial decisions or jurisprudence
It consists of habits and practices which through long and uninterrupted usage have become acknowledged and approved by society as binding rules of conduct
Customs
Ignorantia legis non excusat, the Latin legal maxim which means?
Ignorance of the law excuses no one
What is the ultimate end of the law?
Justice
The control of social behavior that affects others
Social control
A sanction is ________ if the object is the indemnification of the person who has suffered damages or injury from a violation of law
Remedial
A sanction is _____ if the object is the punishment of the violator
Penal
Before the law “operates” against an individual, various procedural steps are required. Such steps are commonly referred to as ___________ of law
Due process
Classification of law as to its purpose
Substantive law
Adjective law
Classification of law as to its subject matter
Public law
Private law
Republic Act 386 is otherwise known as
Civil Code of the Philippines
The Civil Code of the Philippines is otherwise known as
Republic Act 386
The Civil Code of the Philippines is based mainly on
Civil Code of Spain (Codigo Civil)
When did the Codigo Civil took effect in the Philippines
December 7, 1889
When did the Codigo Civil got approved as R.A. 386?
June 18, 1949
