INTRODUCTION OF MT LAWS

Question 1

What are the three co-equal and coordinate branches

Answer 1

-Executive
-legislative
-judiciary

Question 2

• Tasked with the duty of enforcing and administering the law

Answer 2

Executive

Question 3

Two chambers of the philippine congress

Answer 3

Senate
House of representatives

Question 4

Interprets and applies the law in actual controversies

Answer 4

Judiciary

Question 5

→ Headed by a Chief Justice with 14 Associate Justices = 15
members
→ Highest court of the land

Answer 5

Supreme court

Question 6

→ To settle actual controversies and to determine whether there has been grave abuse of discretion on the part of any branch or instrumentality of the government

Answer 6

Judicial power

Question 7

→ To test the validity of executive and legislative acts considering
their conformity with the Constitution

Answer 7

Judicial review

Question 8

Legislative

Answer 8

Power to make laws

Question 9

Executive

Answer 9

Power to enforce laws

Question 10

Judicial

Answer 10

Power to interpret laws

Question 11

• A rule of conduct, just, and obligatory, laid down by legitimate authority for common observance and benefit
• Benefit of the people

Answer 11

Law

Question 12

What are the sources of law

Answer 12

Constitution
Jurisprudence
Customs and traditions
Legislation
International law and customs

Question 13

• The 1987 Constitution is the supreme law of the land

Answer 13

Constitution

Question 14

Judicial decisions which apply or interpret the Constitution and the laws

Answer 14

Jurisprudence

Question 15

• Have the force of law only when acknowledged and approved by society through long and uninterrupted usage
• Example: BANGSAMORO
→ When a muslim is force to eat port, the customs of the muslims is considered by the jury. Therefore, all traditions (indigenous) are considered by the judiciary

Answer 15

Customs and traditions

Question 16

They are the one who make the law

Answer 16

Legislation

Question 17

• If ever the laws of the Philippines don’t encompass a certain situation (very foreign to us),
→ The judiciary will seek help from the international community

Answer 17

International laws and customs

Question 18

How a bill becomes a law

Answer 18

A lawmakers files a bill

Question 19

• The bill is assigned with a Republic Act number and becomes a law

Answer 19

Signed and pass the bill

Question 20

• By refusing to sign, the bill is sent back to the House of Representatives, along with the reasons for the veto
• If both houses of Congress decide that the bill or any of its vetoed provisions should still becomes a law, the will separately hold a vote

Answer 20

Veto the bill

Question 21

The President may do nothing with the bill
• The bill automatically becomes a law after 30 days
→ While Congress is still in session
• If the president is out of the office for 30 days, the bill automatically becomes the law.

Answer 21

Pocket the bill

Question 22

• General subject matter of the legislative measure
• Made by the lawmaker
• Must be clear
→ Since it is reviewed in the first reading

Answer 22

Title

Question 23

• Declares the source of the promulgation
• Done by the Supreme Court and House of Representatives
• Info: RA 5527 has 32 sections

Answer 23

Enacting clause

Question 24

• Contains the provisions of the law
• Proviso
→ Provide for a qualification to the operation of particular
provision of law
→ Has the highest authority
• Contains the scope of the law

Answer 24

Body

Question 25

• All laws, decrees, executive orders, rules, and regulations inconsistent with the provisions of this Act are hereby repealed, amended, or modified accordingly
• Includes changes of the law

Answer 25

Repealing clause

Question 26

• If a part of the statute is judicially declared as unconstitutional, the other portions of the statute are not affected and are still in force and effect
• Focuses on those who are directly affected by the law.
• Example: RA 5527, only affects those who work in the medtech field not nurses, and others

Answer 26

Separability clause

Question 27

• Provides for the date when the law will take into effect
→ may or may not be specified
→ If not, after 15 days following its publication in the Official
Gazette or a newspaper of national circulation
• If wala effectivity date, the law will become ACTIVE 15 days aft publishment

Answer 27

Date of effectivity

Question 28

What are the 3 types of cases

Answer 28

-Administrative case
-Civil case
-Criminal case

Question 29

• Awarded in satisfaction of, or in recompense for, loss or injury sustained
• They simply make good or replace the loss caused by the wrong
• Kung ano hiningi mo, yun lang din ibigay sa iyo

Answer 29

Actual or compensatory

Question 30

• Awarded to enable the injured party to obtain means, diversions or amusements that will serve to alleviate the moral suffering he has undergone, by reason of the defendant’s culpable action
• What the injured party asks is given
• The judge will still review the claim before reaching a verdict.

Answer 30

Moral

Question 31

• Imposed, by way of example or correction for the public good
• Example: Public apology

Answer 31

Exemplary or corrective

Question 32

• Those agreed upon by the parties to a contract, to be paid case of breach thereof
• Pay if there is breach of contract

Answer 32

Liquidated

Question 33

• May be recovered when pecuniary loss has been suffered but the amount cannot, from the nature of the case, be proven with certainty
• Pecuniary: Money
• When a person loses money and they don’t know its amount

Answer 33

Temperate

Question 34

• Small sums fixed by the court without regard to the extent of tr harm done to the injured party
• Damages in name only in recognition of a technical injury base on a violation of a legal right
• An injured party receives less than what is asked

Answer 34

Nominal

Question 35

• By direct participation
• By induction/inducement:
→ Those who directly force or induce others to commit it → Words of inducement ust be made prior to the commission
the crime (People v. Castillio)
• By indispensable cooperation
→ Without cooperation, the crime would not have been
accomplished

Answer 35

Principals

Question 36

• Cooperates in the execution by previous or simultaneous acts, intending to give material and moral aid
• Relation between the acts of the principal and the alleged accomplice
• Not participating in the crime but with knowledge.
→ It does not mean that you are guilty

Answer 36

Accomplices

Question 37

• With knowledge but no participation, takes part only after the commission of the crime
• Example: Concealing or destroying the body of the crime

Answer 37

Accessories