Research on Statute Law Flashcards

1
Q

What are statute laws?

A

The rules and regulations promulgated by competent authorities; enactments of legislative bodies (national or local), executive or presidential issuances, and rules and regulations of administrative and judicial agencies. Its purpose is to regulate the system of order and safety.

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2
Q

How is Statute Law created?

A
  1. A representative from the house sponsors an idea known as a bill and it goes to a committee to study it
  2. That bill is debated among the members of the committee
  3. If the bill is agreed upon then it moves to the senate also known as the legislature
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3
Q

What is a treaty?

A

An agreement or a contract between two (bilateral) or more (multilateral) nations or sovereigns, entered into by agents appointed (generally the Secretary of Foreign Affairs or ambassadors) for the purpose and duly sanctioned by supreme powers of the respective countries.

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4
Q

Other terms for treaty (3)

A
  1. Pact
  2. Convention
  3. Charter
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5
Q

What are executive agreements?

A

Treaties that do not have legislative sanctions that may or may not have legislative authorization and have limited execution by constitutional restrictions. This is because they do not have concurrence (2/3 vote) of the Senate

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6
Q

Are international agreements the same as executive agreements?

A

No. They are different

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7
Q

How does a treaty or international agreement become valid and effective?

A

It is not valid unless concurred in by at least two-thirds (2/3) of all members of the Senate (2/3 vote of Senate)

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8
Q

General steps in treaty-making (2)

A
  1. Negotiation
  2. Approval or ratification
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9
Q

Cite Art. VII, Sec. 21 of the 1987 Constitution

A

No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the Senate

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10
Q

Powers of the President with regards to treaties and international agreements (2)

A
  1. Enter into international treaties or agreements as the national welfare and interest may require and;
  2. Contract and guarantee foreign loans on behalf of the Republic, subject to such limitations as may be provided by Law
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11
Q

What is the Tripoli Agreement?

A

The agreement establishes autonomy in the Southern Philippines within the realm of sovereignty and territorial integrity of the Republic of the Philippines. It defines the autonomous territory and delineates the competence of the central and regional governments.

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12
Q

Where to find official texts of Treaties? (4)

A
  1. The Official Gazette
  2. Department of Foreign Affairs Treaty Series (DFATS)
  3. United Nations Treaty Series (UNTS)
  4. The University of the Philippines Law Center’s Philippine Treaty Series (PTS)
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13
Q

Two possible sources to find latest treaties (2)

A
  1. Department of Foreign Affairs (DFA)
  2. Senate of the PH
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14
Q

Is there a complete reposity of all treaties entered into by the Philippines?

A

None

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15
Q

These are the laws enacted during Martial Law (2)

A
  1. Presidential Decrees by Pres. Ferdinand Marcos
  2. Batas Pambansa by Phil. Parliament
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16
Q

Why did the laws passed by the 1987 Constitution start from RA 6636?

A

Because the last RA promulgated by Congress before Martial Law was RA 6635

17
Q

The Senate passes laws regarding the following: (2)

A
  1. National issues
  2. Long-term policies
18
Q

The HoR passes laws regarding the following: (2)

A
  1. Localized issues
  2. Constituency-based issues
19
Q

General rule in determining if a law is referred to the archives of the house that introduced the law

A

If the law passed is older than the last three or four Congresses, then it has to be referred to the archives of the house that introduced the law. (i.e., 15th Congress laws are in the archives. We are currently 19th congress)
Every law after the 4 latest Congresses, including the current one, are in the archives. Otherwise, it can be found on their websites

20
Q

What are executive orders?

A

Administrative acts, orders, and regulations of the Presidents that touch on:
1. The organization or mode of operation of the government, rearranging or adjusting districts, divisions or parts of the Philippines
2. Acts and commands governing the general performance of duties of public officials and employees or disposing of issues of general concerns

21
Q

What are Proclamations by the President?

A

Orders fixing the dates when specific laws, resolutions, or orders cease to take effect and any information concerning matters of public moment determined by law, resolution or executive orders

22
Q

When searching for Preisdent EOs or Proclamations, Admin. Orders, and Memorandum Orders/Circulars, what is needed?

A

Year of promulgation is a must or needed in searching for EOs, Proclamations, Admin. Orders, and Memorandum Orders and Circulars.
If the year is not available, President and/or Executive Secretary issuing must be stated

23
Q

What are Administrative Rules and Regulations?

A

Orders, rules, and regulations issued by the heads of government agencies for the effective enforcement of laws within their respective jurisdiction (particularly AOs,MOs,and MCs)

24
Q

Where to access Administrative Rules and Regulations? (3)

A
  1. Their own websites
  2. OG
  3. National Administative Register