Lims Flashcards
(according to Sanchez Roman) is a rule of conduct, just, obligatory promulgated by legitimate authority, and of common observance and benefit.
Law
means i) the Constitution of the Republic of the Philippines and all Philippine laws, statutes, treaties, rules, codes, ordinances, regulations, certificates, decisions, orders, memoranda, circulars, decrees, resolutions, directives, rulings, interpretations, approvals, licenses and permits of any Governmental Body and ii) judgments, decrees, injunctions, writs, orders or like actions of any court, arbitrator or other administrative, judicial or quasi judicial tribunal or agency of competent jurisdiction ; as amended, supplemented, replaced, interpreted by a duly authorized Governmental Body, or otherwise modified from time to time.
Philippine law
3 Inherent power of the State
Police power
Power of taxation
Eminent domain
is that inherent and plenary power in the State which enables it to prohibit all things hurtful to the comfort, safety and welfare of society [Rubi vs. Provincial Board, 39 Phil 660].
Police power
It has been held that a constitutional prohibition upon State laws impairing the obligation of contracts does not restrict the power of the State to protect the public health, public morals, or public safety, as the one or the other may be involved in the execution of such contracts.
Police power
Rights and privileges arising from contracts with a State are subject to regulations for the protection of the public health, the public morals, and the public safety, in the same sense and to the same extent as are all contracts and all property, whether owned by natural persons or corporations.
Police power
the power by which the sovereign, through its law making body, raises revenue to defray the necessary expenses of government. It covers persons, property or occupation to be taxed within the taxing jurisdiction. It is inherent in the power to tax that a State be free to select the subjects of taxation
Power of taxation
The power to tax may include the power to destroy if it is used validly as as implement of the police power in discouraging and in effect ultimately prohibiting certain things or enterprises inimical to the public welfare.
Power of taxation ( about sa cigarettes)
is the inherent power of a nation or a sovereign state to take, or sanction the taking of, private property for a public use without the owner’s consent, conditioned upon payment of just compensation.In other words, eminent domain is a coercive measure on the part of the state whereby private interests are impaired for the general welfare.
Eminent domain
1987 Constitution
-approved by plebcite (ratified) on
-came into force on
February 2, 1987
Feb 11, 2
3 branches of the Government
Art6 legislative
Art7 executive
Art8 judicial
rule making body composed of House of Representative and Senate
Legislative
enforcement of the law by the President and Vice President
Executive
one who interpret the law headed by the Chief Justice and associate Justices
Judicial
rights and liberties guaranteed by the Government to its people)
Art 3. BILL OF RIGHTS
No person shall be deprived of life, liberty and property without due process of law, nor shall any person be denied the equal protection of the laws.
SEC 1. Art 3. BILL OF RIGHTS
This is one of the safeguard the Optometrist guaranteed by the Constitution. The license to practice one’s profession is tantamount to his/her property which should be protected against any transgression from the government. One’s profession is one’s property. It is one of his/ her economic source.
Bill of rights
set of rules, doctrines, and practices that govern the structure, powers, and roles of different entities within a state. It is a legal, political, and social instrument that establishes a framework for all legislation, regulations, institutions, and procedures. Rule book
Constitutional law
set of rules, doctrines, and practices that govern the structure, powers, and roles of different entities within a state. It is a legal, political, and social instrument that establishes a framework for all legislation, regulations, institutions, and procedures. Rule book
Constitutional law
It is the general law that governs family and property relations in the Philippines.
Civil law
Four of the most important types of civil law deal with
1) contracts, 2) property, 3) family relations, and 4) civil wrongs causing physical injury or injury to property (tort).
Important Articles in Civil Code of the Phillipines
Art 2
Art 3
Art 4
Laws shall take effect after——- following the completion of their publication in the———, unless it is otherwise provided. This Code shall take effect one year after such publication.
Art 2 of civil code
15 days
Official gazette ‘
Publication is a must _____15 days after its publication (on the 16th day)
Law will not take effect if unpublished.