Sources of Law Flashcards
Fundamental law of the land.
Constitution
Acts of Congress, municipal charters & legislations, court rules, administrative rules and orders, legislative rules and presidential issuances.
Statues
National laws passed by Congress
Statues
Presidential decrees passed during Martial Law
Statues
See:
Executive Orders
Administrative Orders
Implementing Rules and Regulations
Local Ordinances
Statues
These have the same force of authority as statutes.
Treaties and Conventions
See:
Art. II, Section 2. The Philippines renounces war as an instrumental of national policy, adapts the generally accepted principles of international law as part of the law of the land and adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.
Treaties and Conventions
Art. VII, Section 21. No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of the Members of the Senate.
Treaties and Conventions
Art. XIII, Section 18. The Commission of Human Rights shall have the following powers and functions… (7) Monitor the Philippine Government’s compliance with international treaty obligations on human rights;
Treaties and Conventions
Art. 8 of the Civil Code provides that “_____________________ applying to or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines’. Only decisions of its Supreme Court establish jurisprudence and are binding on all other courts.
Judicial Decisions
Merely persuasive; exercise appellate jurisdiction on all cases not falling within the original and exclusive jurisdiction of the Supreme Court. Its decisions are final except when appealed to the Supreme Court on questions of law.
Court of Appeals
Means “to stand by things decided” in Latin. When a court faces a legal argument, if a previous court has ruled on the same or a closely related issue, then the court will make their decision in alignment with the previous court’s decision.
Stare Decisis
A law was passed naming and requiring Restaurant A to pay income tax at the rate of 20% while other restaurants were taxed the regular rate of 10%. What principle of taxation was violated?
Uniformity of Taxation
The following were owned by Alejandro Roces, Sr. except:
- La Vanguardia
- He owned them all
- Manila Times
- Tribune
- He owned them all
May an intentional treaty extend into by the Philippines have the force of law in the country?
Yes