(P) L1.2: Intro to Law (Part 2) Flashcards
Classification of law as to its purpose:
> This portion creates and defines rights and duties either private or public (e.g. contracts)
Substantive Law
Classification of law as to its purpose:
> Describes the manner/procedure on how we enforce rights and redress violations (e.g. extraprocedural/remedial law)
Adjective Law
Substantive or Adjective Law?
> Actions for the recovery of real property shall be filed with the Regional Trial Court of the region where the property belongs to
Adjective (you’re explaining the procedure on how to perform the process)
Classification of law as to its subject matter:
> This regulates the rights and duties between state and people
Public Law or Criminal Law
T or F: If a perpetrator disturbs the peace and order of state, then it disturbs private law
False (public law)
Classification of law as to its subject matter:
> Regulates relations of individuals
Private Law
T or F: Ignorance of the law can excuse some people from compliance
False (it excuses NO ONE)
T or F: Everyone is conclusively presumed to know the law
True (because of the obligatory force of law)
Reasons for Conclusive Presumption:
> Most lawyers cannot enforce laws due to their being unknown to many
Social life impossibility
Reasons for Conclusive Presumption:
> It is impossible to prove the contrary when a person claims ignorance of the law
Proving the guilt is difficult
Reasons for Conclusive Presumption:
> It is unthinkable to absolve those who do not know the law and increase the obligations of those who know it
Absurdity
Reasons for Conclusive Presumption:
> We carry a sense of duty so that our reason indicates what we have to do and in more complicated juridical relations, lawyers need to be consulted
Conscience issues
How a bill becomes a law:
> This is introduced by any member of the congress except some that must originate only in the lower chamber
Bill
How a bill becomes a law:
> What government body can introduce bills?
Congress (both upper and lower chambers)
How a bill becomes a law:
> This event involves the reading of the number and title of measures and its referral by the Senate President or Speaker to the committee
First Reading
T or F: Bills cannot be “killed” immediately during the first hearing
False (the committee has the power to do it)
How a bill becomes a law:
> Once reported out, the bill shall be scheduled for ________, where it will be scrutinized, debated upon, and amended when desired
Second Reading
How a bill becomes a law:
> The most important stage in passage of the bill
Second Reading
How a bill becomes a law:
> An approved bill for the second reading is printed and distributed at least how many days before the third reading?
3 days
How a bill becomes a law:
> On this event, the members merely register their votes and explain if they are allowed by the rules
> No further debate is allowed
Third Reading
How a bill becomes a law:
> Upon passing the bill from third reading, if it will be approved by the Second House, it will be submitted to the ________ for their consideration
President
How a bill becomes a law:
> The bill is enrolled when printed as INITIALLY approved by the _______
Congress
How a bill becomes a law:
> The bill is enrolled when printed as finally authenticated with signatures of the ________ or the ________ & ________
Signatures of the Senate President OR Speaker & Secretary
How a bill becomes a law:
> The bill is enrolled when printed as FINALLY approved by the _______
President
How a bill becomes a law:
> Although personal initiative is invalid, sponsorship from a member of the _____ is valid
Congress
Bills that revolve around tax, franchise, or budget must come from what chamber of congress?
Lower (House of Representatives)
T or F: If a bill originates from the lower chamber, it must be referred to the upper chamber
True
T or F: If a bill originates from the upper chamber, it must be referred to the lower chamber
True
Approval of bills can be found in what part of the Constitution?
Article 6 , Section 27 of the 1987 Constitution
Bills that came from congress are known as _______
Enrolled Bills
T or F: Before the President signs a bill, it must be signed by the Senate President, Speakers of the House, and Secretaries
True
When the President vetoes a law and brings it back to Congress, how many votes will it take to override the veto?
2/3 of each house
This term refers to a bill that is not good or does not benefit the majority
Vetoes
This term refers to certain provisions that can be changed
Pocket Veto
A bill is approved if the President did not act within ____ days after it was presented to him
30
This is the period wherein the president received the bill
Reckoning Period
When is a law effective?
15 days after publication in the Gazette (or as otherwise provided by the law)
T or F: All laws will be effective 15 days after publication UNLESS it is stated that the effectivity is immediate
True
The purpose of this is to give the general public adequate notice of the various laws which regulate their conduct and actions
Publication (15 day period)
“It would be height of injustice to punish or otherwise burden a citizen for the transgression of the law he had no notice of” what is the Latin phrase for this situation?
“Ignorantia legis non excusat”
T or F: The Executive branch may provide the usual 15 day publication period or shall be shortened or extended
False (Legislative Branch)
Refers to the act or process of discovering and expounding the meaning and intention of the authors of the law given that the case was not explicitly provided in the law
Statutory Construction
If there is ambiguity to the law in respect to language, then use an ________
Intrinsic Aid (use of commas, grammar, wordings, titles, sentences, and punctuations)
If ambiguity is the extent of the law and cannot be ascertained by intrinsic aid, use _______ instead and construe the law
Extrinsic Aid (e.g. journals or history)
T or F: Anyone can interpret the law, hence it is binding and conclusive to the courts
False (anyone can interpret the law HOWEVER it is not conclusive nor is it binding to the courts)
These refer to the following: Title, preamble, words, phrases and sentences, context, punctuation, headings and marginal notes, legislative definitions and interpretation clauses. All of these are found in the law itself.
Intrinsic Aid
These refer to the following:
Contemporaneous circumstances, policy, legislative history of the statute, contemporaneous or practical construction, executive construction, legislative construction and the construction of the bar and legal commentators.
Extrinsic Aid
T or F: The duty of the court is to interpret clearly stated laws
False (if the laws are clearly stated, then they should already apply it, not interpret it)
These are Latin words/phrases incorporated in the decision of the court to add elegance or emphasis
Legal Maxims
