Oblicon 1- Gen Provisions Flashcards
any rule of action or any system of uniformity
Law
determines not only the activities of men as rational beings, but also the movement or motions of all objects of creation, whether animate or inanimate
Law in general
General division of law?
Law in strict legal sense and law in the non-legal sense:
- The first which is promulgated and enforced by the state, the second are not promulgated and enforced by the state.
- The first is what is known as the state law, while the second includes divine law, natural law, moral law, and physical law.
_______________________ are comprised in the definition of law as a rule of action. They apply to men as rational beings.
State law, divine law, natural law, and moral law
_______ operates all things, including men, without regards
to the latter’s use of their will power and intelligence. It is
called law only __________
Physical Law
figuratively speaking
Is the law of religion and faith which concerns itself with the
concept of sin (contrasted with crime) and salvation.
- Source - it is formally promulgated by God and revealed or divulged
to mankind means of direct revelation - Sanction – lies in the assurance of certain rewards, and punishment
in the present life or in life to come
Divine Law
Define inspiration in man of the sense of justice, fairness, and
righteousness , not by divine revelation or formal promulgation,
but by internal dictates of reason alone.
- Binding force is ever present and binding on all men everywhere and
all times. - Basic standard of good and evil.
- Killin; stealing
Natural Law
Speaking of totality of the norms of good and right conduct growing out of the collective sense of right and wrong of every community.
- Determination of right or wrong.
- Public displeasure, contempt or even indignation
Moral law
In the operation or course of nature, there are uniformities of actions and
orders of sequence which are the physical phenomena that we sense and
feel. They are known as the physical science or physical law.
- Order or regularity in nature- address to objects which has no power to
disobey, is in reality nothing more than an order or regularity in nature by
which certain results follow certain causes. Called law only by analogy. - The law on gravity
Physical Law
The kind of law that is promulgated and enforced
by the state
- Other terms used, positive law, municipal law, civil law, or
imperative law. - Law that we refer to when we speak about ObliCon
State Law
Characteristics of Law:
- It is a rule of conduct. What shall be done and what shall not be done. As a rule of human conduct, law takes cognizance of external acts only.
- It is obligatory. Law is considered a positive command imposing a duty to obey and involving a sanction which forces obedience.
- It is promulgated by legitimate authority. (Congress, LGU – ordinance)
- It is of common observance and benefit. (observance of all, Harmony in society, and to make order and co-existence possible. Hence, observe by all for the benefit of all)
Necessity and Functions of Law
- What would life be without law? The need for internal order is as constant as the need for external defense. No society can be stable in which either of these requirements fails to be provided.
- What does law do? Law secure justice, resolves social conflict, orders society, protects interests, controls social relations.
- What is our duty as members of society? No society can last and continue without means of social control, without rules of social order binding on its members. Law is necessary. Every citizen should have some understanding of law and observe if for the common good.
The principal sources of law in the Philippines are the __________________________________.
constitution, legislation,
administrative rules and regulations, judicial decisions, and customs.
“the written instrument by which the fundamental powers of the government are established, limited, and defined, and by which these powers are distributed among the several departments for their safe and useful exercise for the benefit of the people” (Malcom & Laurel, Phil Const, 1936)
Constitution
Often referred to as the fundamental law or supreme law or highest law of the land because it is promulgated by the people themselves, binding on all individual citizens and all agencies of the government
Constitution
It is the law to which all other laws enacted by the legislature (as well as administrative or executive acts, orders and regulations having the force and effect of law) must conform
Constitution
True or false:
Laws which are declared by the courts to be consistent with the Constitution shall be void and the latter shall govern.(Art. 7, CC)
false, should be inconsistent
It consists in the declaration of rules by a competent authority. Includes ordinances enacted the by local government units
Legislation
They are those issued by administrative officials under legislative authority. Administrative rules and regulation are intended to clarify or explain the law and carry into effect its general provisions. Administrative acts are valid only when they are not contrary to the laws and the Constitution. (Art. 7, CC)
Administrative or executive order, regulations, and rulings.
The decision of the courts, particularly the SC, applying or interpreting the laws of the constitution form part of the legal system of the Philippines (Art. 8 CC)
The decisions of a superior court on point of law are binding on all subordinate courts. This is called the _________________
Judicial decisions or jurisprudence
doctrine of precedent or stare decisis
Until then, the decisions of the SC applying and interpreting the laws of the Constitution are laws by their own right because they declare what the law say or mean.
The SC my reverse or modify any of its previous rulings.
it consists of those habits and practices which through long and uninterrupted usage have become acknowledge and approved by society as binding rules of conduct
Custom
It has force of law when recognized and enforced by the state. -payment of services, custom and usage of the place.
Customs
Principles of justice and equity, decisions of foreign tribunals, of text writers and religion. The are, however, only supplementary, that is, they are resorted to by the courts in the absence of all the other sources. They are however, not binding on the courts
Other sources
____________ excuses no one from compliance therewith.
(Art. 3 CC)
Ignorance of the law
This presumption is far from reality but it has been established
because of the obligatory force of law
“Everyone therefore, is conclusively presumed to know the law.”
Conclusive presumption of knowledge
The following reasons have been advanced for this presumption:
- If laws will not be binding until they are actually known, then social life will be impossible, because most laws cannot be enforced due to their beingunknown to many;
- It is almost impossible to prove the contrary when a person claims ignorance of the law;
- It is absurd to absolve those who do not know the law and increase the obligations of those who know it; and
- In our conscience, we carry norms of right and wrong, and a sense of duty, so that our reason indicates many times what we have to do and in more complicate juridical relations, there are lawyers who should be consulted.
- Evasion of the law would be facilitated and the administration of justice would be defeated if persons could successfully plead ignorance of the law to escape the legal consequences of their acts, or to excuse non- performance of their legal duties. The rule therefore is dictated not only by expediency but also by necessity.
