Preliminary Title: Article 8

Question 1

State Article 8 of the Civil Code of the Philippines?

Answer 1

Judicial decisions applying or interpreting the laws or the Constitution shall form part of the legal system of the Philippines.

Question 2

What is construction of law?

Answer 2

It is the art or process of discovering and expounding the meaning and intention of the authors of the law with respect to its application to a given case.

Question 3

Who have the principal function of not only resolving legal controversies but also of interpreting and construing vague provisions of law relative to a particular dispute?

Answer 3

The courts.

Question 4

What does this maxim mean “legis interpretatio legis vim obtinet”

Answer 4

The interpretation placed upon the written law by a competent court has the force of law.

Question 5

What is the duty of judges (Secretary of Justice vs. Catolico 68 SCRA 62 and Albert vs. CFI 23 SCRA 948)?

Answer 5

The duty of judges is to apply the law as interpreted by the Supreme Court.

Question 6

What are judicial decisions (People vs. Licera, 65 SCRA 270)?

Answer 6

Judicial decisions also constitute evidence of what the law means.

Question 7

What are judicial decisions (Caltex, Inc vs. Palomar 18 SCRA 247)?

Answer 7

Judicial decisions, although itself not laws, assume the same authority of the statute itself.