Philippine Legal System Flashcards
Main difference between civil law and common law
In common law countries, case law - in the form of published judicial opinions, is of primary importance whereas in civil law systems, codified statutes predominate
What are common laws?
Passed legal precedents or judicial rulings are used to decide cases at hand
What are civil laws?
Codified statutes; places less emphasis on judicial interpretation, and has judges primarily applying the law as written in the codes. Under civil law, codified statutes and ordinances rule the land
Classification of laws according to duration (2)
- Permanent
- Temporary
Classification of laws according to applicability (2)
- Prospective
- Retroactive
Classification of laws according to operation (2)
- Declaratory
- Curative
Classification of laws according to compliance requirement (2)
- Mandatory
- Directory
Classification of laws according to whether or not rights are given (2)
- Substantive
- Non-substantive(Remedial)
Classification of laws according to form (2)
- Affirmative
- Negative
Classification of laws according to whether or not there is a penal provision (2)
- Penal
- Non-penal
Types of law (5)
- Public Statute
- Private Statute
- General Law
- Special Law
- Local Law
Sources of laws (7)
- Public Acts
- Commonwealth Acts
- Republic Acts
- Presidential Decrees during Martial Law
- Batas Pambansa
- Executive Orders under the Freedom Constitution
- Local ordinances
Distinguish statutes vs Constitution
A constitution provides the foundational legal framework and supreme law of a land, guiding governance and rights, whereas a statute is specific law passed by a legislative body within the constitutional framework
Distinguish statutes vs Executive issuance
An executive order is passed by the president but can be struck down by Congress if the majority agrees. Laws are made by Congress but passed by the President
Distinguish statutes vs local ordinance
Statutes are state laws that apply to the entire state, while ordinances are local laws passed by municipal governing authorities, such as city councils or county commissions. Ordinances only apply to the local jurisdiction
What are permanent laws?
Those enacted by the legislature that remain in effect indefinitely until they are amended, repealed, or declared unconstitutional. These do not terminate by the lapse of a fixed period or by the occurrence of an event
What are temporary laws?
Those whose duration is for a limited period of time fixed in the statute itself or whose life ceases upon the happening of a new event. These are created to address specific situations or crises, and their validity is often tied to the conditions that necessitated their enactment
What are prospective laws?
Laws that are applicable only to cases which shall arise after its enactment
What are retroactive laws?
Laws that look backward or contemplates the past; one which is made to affect acts or facts occurring, or rights occuring, before it came into force
General rule and exception for statutes according to its duration
General rule: Permanent. Meaning laws are deemed permanent until they are amended, repealed, or ruled unconstitutional
Exception: If it has a sunset clause, or if it is enacted on emergency measures
What is a sunset clause?
A provision in a statute or regulation that states that the law will expire or cease to have force/effect after a specific period unless renewed or extended by the legislature
What is a declaratory law?
These are enacted to clarify prior law by reconciling conflicting judicial decisions or by explaining the meaning of a prior statute. It is also known as expository statute
What is a curative law?
A form of retrospective legislation which reaches back in to the past to operate upon past events, acts or transactions in order to correct errors and irregularities and to render valid and effective many attempted acts which would otherwise be ineffective for the purpose intended
What are mandatory laws?
Laws which contain words of command or prohibition, to which a person has no choice but to obey
What are directory laws?
Laws which operate to confer discretion upon a person, namely to act according to the dictates of their own judgement and conscience and not controlled by the judgement of others
What are substantive laws?
Laws which create, defines, and regulates rights and duties regarding life, liberty or property which when vioalated gives rise to a cause of action; which courts are established to administer
What are non-substantive/procedural (remedial) laws?
Laws which prescrie the methods of enforcing those rights and obligations created by substantive law by proviidng a procedural system for obtaining redress for the invasion of rights and violations of duties and by prescribing rules as to how suits are filed, tried and decided by the courts
What are affirmative laws?
Laws that require a specific action to be take. Directs the doing of an act, or declares what shall be done
What are negative laws?
Laws that prohibit the things from being done, or declares what shall not be done. Negative words and phrases regarded as mandatory
What are penal laws?
Laws that command or prohibit certain acts, and establish penalties for their violation, and even those which, without expressly prohibiting certain acts, impose a penalty upon their commission.
What are non-penal laws?
Laws that do not impose punishments
What are public statutes?
These statutes affect the public at large
What is a private statute?
Law that applies only to a specfiic person or subject
What is a general law?
Law that is unrestricted as to time, is applicable throughout the entire country subject to the power of the legislature that enacted it, and applies to all persons in the same class.
Law which embraces a class of subjects or places and does not omit any subject or place naturally belonging to such class.
A general law cannot be considered as having impliedly repealed a special law unless the intent to repeal or alter is manifest, following the maxim generalia specialibus non derogant which means that the provisions of a general statute must yield to the provisions of a special statute.
In order that a general law can be considered as repealing or amending a special law, the repeal “must be express and specific.
What is a special law?
Law that applies to a particular member or members of a class of persons or things in the same situation but not to the entire class.
Law which relates to particular persons or things of a class.
Special law prevails over the general law, as being an expression of legislative intent on a more specific matter. Thus, in case of any repugnancy between the two laws/provisions, the special law will control the former regardless of their respective date of passage
If a later special law on a particular subject is inconsistent with an earlier general law on the same subject, a partial repeal of the general law is implied to the extent of inconsistency, or the special law is to be considered as providing for an exception to the general law.
What is a local law?
A law whose operation is confined to a specific place or locality
English for lex prospicit, non respicit
The law looks forward, not backward
English for lex de futuro judex de praeterito
The law provides for the future, the judge for the past
General rule and exception for laws according to applicability
General rule: Prospective
Exception: Unless its language clearly demands or expresses that it shall have retroactive effect
Statutes that may nevertheless be given retroactive application (4)
- Procedural rules
- Laws issued pursuant to the police power of the national or local government
- Curative or remedial legislations, which do not adversely affect substantive rights
- Penal laws, provided it is favorable to the accused and the accused is not a habitual delinquent
What are public acts?
A type of law that affects the general public
A statute that is created by the government and is published in the Statutes at Large
What are Commonwealth Acts?
Laws enacted by the Commonwealth Congress. Denominated as Commonwealth Acts, cited as “C.A. No. ___”
Total of 733 Commonwealth Acts
What are republic acts?
Piece of legislation used to create policy in order to carry out the principles of the Constitution. Crafed by Congress, approved by the President
What are presidential decrees during Martial Law?
Enactments from 1972-1985. Innovations made by President Ferdinand E. Marcos with proclamation of Martial Law
What are the Batas Pambansa?
Laws promulgated by the Batasang Pambansa (National Assembly) under Marcos’ regime
What are Executive oRders?
Pieces of executive issuances by President Corazon Aquino during her provisional dictatorship prior to ratification fo the 1987 Constitution
What are Local ordinances?
Laws enacted by the LGUs, such as barangays, municipalities and cities
Covers zoning, public safety, health regulations, traffic rules, business permits
