Philosophy of Law Flashcards
Calu and Purpose of Philosphy of Law
Purpose of Philosphy of Law
To have an in-depth understanding of law (including Principles, Justifications, Rationale)
Legal Frame Work (DLR)
Decision>Law> Facts
Decisions are mades using the law. Laws are picked according to the Relevant Facts.
What are the schools of thought in Criminal Law?
- Classical/Juristic
- Positivist/Realistic
Classical/Juristic Principles
- Humans have free choice between good and evil
- Humans have free will
- Felonies and Crimes have Consequences
- Penalty is equal to retribution
Principles of Positivist/Realistic School of Thought
- Crime is a social/natural phenomenon
- Therefore, cannot be treated using abstract principles
- Hence, should be reated using individual measures in each particular case
What Principle is enshrined in ART 8 of New Civil Code?
Stare Decisis et Non Quieta Movere
“Stand by the decisions and disturb not what is settled”
Distinguish Natural Right over Civil Right.
Natural right exists because a person exists.
Civil rights exists because a man is a member of the society. eg. right to vote and be educated
Example of Natural Right
LLP
Life, Liberty, and Property
Elements of the State
People
Territory
Government
Sovereignty
whether or not the properties claimed by Jose Yao Campos, which were allegedly surrendered to the government as part of the ill-gotten wealth of former President Ferdinand Marcos, should be forfeited in favor of the state.
Yes. The forfeiture of the ill-gotten wealth of Jose Yao Campos was ruled in favor of the government. The properties, which Campos surrendered, were part of the Marcos regime’s ill-gotten wealth and were rightfully forfeited under the laws aimed at recovering such assets. The surrender of the assets was part of a voluntary compromise agreement Campos entered with the PCGG.
Explain the doctrine of Stare Decisis
It forbids judges from acting arbitrarily or biasedly by requiring them to follow existing precedents, so preventing such unwelcome and vicious factors from interfering with fair and reasonable adjudication.
Was Stare Decisis Principle Applied in Kolin Electronics v. Kolin Philippines?
No. The doctrine of stare decisis is inapplicable because this controversy involves DIFFERENT facts and circumstances compared to the Taiwan Kolin case. The principle of stare decisis does not and should not apply when there is conflict between the precedent and the law.
FACTS of Kolin Electronics v. Kolin Philippines
This is a dispute between Kolin Electronics Co., Inc. (Kolin Electronics), a Taiwanese corporation, and Kolin Philippines International, Inc. (Kolin Philippines), a Philippine corporation for an alleged breach of a LICENSING AGREEMENT and TRADEMARK INFRINGEMENT.
WON Kolin Philippines infringed on Kolin Electronics’ trademarks
YES. Kolin Philippines did indeed breach the licensing agreement and engaged in trademark infringement when Kolin Philippines’ continued use of the trademarks after the alleged expiration of the agreement.
What is the Doctrine of Non-Suability of State?
The State and its agencies cannot be sued without its consent.
Case where Non Suability of State was discussed?
Providence Washington Insurance vs Republic
Providence Washington Insurance vs Republic FACTS
Providence Washington Insurance Co. appealed a court order dismissing its suit against the Republic of the Philippines and the Bureau of Customs for non-delivery of steel files, which were insured.
WON Providence Washington’s case against Republic of PH and BOC will pursue?
No. The court upheld the doctrine of non-suability of the government without its consent. Citing Mobil Philippines Exploration, Inc. v. Customs Arrastre Service, the court reiterated that the Bureau of Customs, operating as part of the government in providing arrastre services, is immune from lawsuits without express consent.
Government Definition
Government may be defined as “that institution or aggregate of institutions by which an independent society makes and carries out those rules of action which are necessary to enable men to live in a social state, or which are imposed upon the people forming that society by those who possess the power or authority of prescribing them” (U.S. v. Dorr)
Is the National Coconut Corporation considered a government entity under section 16, Rule 130 of the Rules of Court, thereby exempting it from paying stenographers’ fees?
No. The National Coconut Corporation does not qualify for the exemption from legal fees provided in section 16, Rule 130 of the Rules of Court. This is considered a corporation (GOCC) and shall be governed by the corporation law.
note: Corporations are separate entities from their corporators, therefore governed by corporation law.
What are the 2 functions of the government?
Ministerial
Constituent