INTRODUCTION OF MT LAWS Flashcards
What are the three co-equal and coordinate branches
-Executive
-legislative
-judiciary
• Tasked with the duty of enforcing and administering the law
Executive
Two chambers of the philippine congress
Senate
House of representatives
Interprets and applies the law in actual controversies
Judiciary
→ Headed by a Chief Justice with 14 Associate Justices = 15
members
→ Highest court of the land
Supreme court
→ 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
Judicial power
→ To test the validity of executive and legislative acts considering
their conformity with the Constitution
Judicial review
Legislative
Power to make laws
Executive
Power to enforce laws
Judicial
Power to interpret laws
• A rule of conduct, just, and obligatory, laid down by legitimate authority for common observance and benefit
• Benefit of the people
Law
What are the sources of law
Constitution
Jurisprudence
Customs and traditions
Legislation
International law and customs
• The 1987 Constitution is the supreme law of the land
Constitution
Judicial decisions which apply or interpret the Constitution and the laws
Jurisprudence
• 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
Customs and traditions
They are the one who make the law
Legislation
• 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
International laws and customs
How a bill becomes a law
A lawmakers files a bill
• The bill is assigned with a Republic Act number and becomes a law
Signed and pass the bill
• 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
Veto the bill
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.
Pocket the bill
• General subject matter of the legislative measure
• Made by the lawmaker
• Must be clear
→ Since it is reviewed in the first reading
Title
• Declares the source of the promulgation
• Done by the Supreme Court and House of Representatives
• Info: RA 5527 has 32 sections
Enacting clause
• 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
Body
• 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
Repealing clause
• 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
Separability clause
• 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
Date of effectivity
What are the 3 types of cases
-Administrative case
-Civil case
-Criminal case
• 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
Actual or compensatory
• 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.
Moral
• Imposed, by way of example or correction for the public good
• Example: Public apology
Exemplary or corrective
• Those agreed upon by the parties to a contract, to be paid case of breach thereof
• Pay if there is breach of contract
Liquidated
• 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
Temperate
• 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
Nominal
• 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
Principals
• 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
Accomplices
• With knowledge but no participation, takes part only after the commission of the crime
• Example: Concealing or destroying the body of the crime
Accessories
