1.1 Basic Legal Concepts

Doctrine of Separation

The division of government powers among three co-equal branches

executive, legislative, judicial

The three branches of government

To avoid concentration of power

The main purpose of separation of powers

checks and balances

The principle that works with separation of powers, preserving democractic governance and the rule of law

To enforce laws

The Executive Branch’s main function

president

Who heads the executive branch?

president, administrative agencies

The executive branch is composed of?

To make laws

The Legislative Branch’s main function

senate, house of representatives

The legislative branch is composed of?

To interpret laws

The Judiciary's main function

supreme court

The highest court in the Philippines

co-equal branches

This means no branch is superior to the others

checks and balances

The power that allow branches to limit one another

veto it

What can the president do to legislation?

ovveride it

What can Congress do to a presidential veto?

declare them unconstitutional

What can the Judiciary do to laws?

pardon them

What can the President do to convicted criminals?

impeachment proceedings

What can Congress initiate against certain officials?

quasi-legislative power

The power to create rules under delegated authority

quasi-judicial power

The power to resolve disputes under delegated authority

administrative agencies

Who commonly exercises quasi-legislative and quasi-judicial powers?

enabling laws or statutes

Where do administrative agencies get the quasi-legislative and quasi-judicial powers?

Their enabling law and the Constitution

What limits administrative agencies’ powers?

executive orders and directives

What can the President issue as quasi-legislative power?

They cannot replace or modify existing laws

What is a major limitation of executive orders?

Philippine Constitution, Statutes, Implementing Rules and Regulations

The hierarchy of law

Philippine Constitution

The fundamental and supreme law of the Philippines

statutes

These are laws passed by Congress that regulate individuals or private actions

The Constitution

What must all other laws conform to?

administrative orders

The issuances that implement laws

When consistent with laws and the Constitution

When are administrative orders valid?

International Treaties

These are international agreements binding upon ratification by the Philippines and have the same force of authority as legislative enactments

customary international law

These are international practices recognized as legally binding

a bill

A proposed law

Congress, Executive, or outside groups

Who may draft a bill?

House or Senate

Where is a bill introduced?

committee review, three readings

What happens after a bill is introduced?

debate, amendments, voting

What happens during the three readings?

It goes to the other chamber

What happens after one chamber approves a bill?

When both chambers agree on the final version of the bill

When is a bill sent to the President?

Sign or veto it

What can a president do with a bill?

2/3 of both chambers

What majority is needed to override a presidential veto?

If unsigned for 30 days after receipt

When can a bill become law without the President’s signature?

15 days after required publication

When do laws generally take effect?

Official Gazette or newspaper of general circulation

Where must laws be published?

repeal

The removal of a law by a subsequent law

express repeal

New law that explicitly repeals an old law

implied repeal

New law contradicts an old law without explicitly stating repeal

It does not repeal the law

What is the effect of disuse on a law?

The unconstitutional law becomes void

What happens when the Supreme Court declares a law unconstituional?

case law

Judicial decisions interpreting or applying law or the Constitution shall form part of the legal system of the Philippines (judicial precedent)

non-retroactivity of laws

Laws generally apply prospectively, not backward

When the law provides otherwise

When can a law have retroactive effect?

spirit of the law

In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intents to uphold right and justice

laws and regulations on licensure, registration, and ethics

What governs professional practice in the Philippines?

Philippine Regulation Commission

What is the PRC?

PRC

This agency’s primary role is to regulate various professions

Philippine Regulatory Boards

What are PRBs?

45

How many PRBs are under the PRC according to the material?

specific professions

What do PRBs regulate?

administrative, quasi-legislative, quasi-judicial

What powers do PRBs regulate?

successful license examination

What is required for professional registration and practice?

PRC throguh the regulatory boards

Who conducts licensure examinations?

CPD credits

What is required for license renewal?

Continuing Professional Development

What does CPD stand for?