Philosophy of Law

Question 1

Purpose of Philosphy of Law

Answer 1

To have an in-depth understanding of law (including Principles, Justifications, Rationale)

Question 2

Legal Frame Work (DLR)

Answer 2

Decision>Law> Facts

Decisions are mades using the law. Laws are picked according to the Relevant Facts.

Question 3

What are the schools of thought in Criminal Law?

Answer 3

1. Classical/Juristic
2. Positivist/Realistic

Question 4

Classical/Juristic Principles

Answer 4

1. Humans have free choice between good and evil
2. Humans have free will
3. Felonies and Crimes have Consequences
4. Penalty is equal to retribution

Question 5

Principles of Positivist/Realistic School of Thought

Answer 5

1. Crime is a social/natural phenomenon
2. Therefore, cannot be treated using abstract principles
3. Hence, should be reated using individual measures in each particular case

Question 6

What Principle is enshrined in ART 8 of New Civil Code?

Answer 6

Stare Decisis et Non Quieta Movere

“Stand by the decisions and disturb not what is settled”

Question 7

Distinguish Natural Right over Civil Right.

Answer 7

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

Question 8

Example of Natural Right

Answer 8

LLP
Life, Liberty, and Property

Question 9

Elements of the State

Answer 9

People
Territory
Government
Sovereignty

Question 10

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.

Answer 10

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.

Question 11

Explain the doctrine of Stare Decisis

Answer 11

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.

Question 12

Was Stare Decisis Principle Applied in Kolin Electronics v. Kolin Philippines?

Answer 12

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.

Question 13

FACTS of Kolin Electronics v. Kolin Philippines

Answer 13

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.

Question 14

WON Kolin Philippines infringed on Kolin Electronics’ trademarks

Answer 14

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.

Question 15

What is the Doctrine of Non-Suability of State?

Answer 15

The State and its agencies cannot be sued without its consent.

Question 16

Case where Non Suability of State was discussed?

Answer 16

Providence Washington Insurance vs Republic

Question 17

Providence Washington Insurance vs Republic FACTS

Answer 17

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.

Question 18

WON Providence Washington’s case against Republic of PH and BOC will pursue?

Answer 18

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.

Question 19

Government Definition

Answer 19

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)

Question 20

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?

Answer 20

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.

Question 21

What are the 2 functions of the government?

Answer 21

Ministerial
Constituent