Chapter 1-4 - Medical Laws _ Jurisprudence.pdf

The written instrument enacted by direct action of the people

What is the definition of the Constitution according to Justice George A. Malcolm?

The fundamental powers of the government are established, limited, and defined, and powers are distributed among departments

What essential functions does the Constitution perform, besides being a written instrument?

The supreme law of the land

What characteristic describes the Constitution relative to all other laws?

The basic and paramount law

What is the status of the Constitution, to which all other laws must conform?

The highest officials of the land

Who must defer to the Constitution, besides all persons?

The usual rules on construction and interpretation

How should the Constitution be read?

Laws enacted by Congress should be in harmony with the 1987 Constitution

What condition must statutes satisfy to avoid being declared unconstitutional?

The Supreme Court

Who declares laws that conflict with the Constitution unconstitutional?

The Doctrine of Separation of Powers

What political policy advises courts to avoid deciding constitutional questions when resolving them requires each department to respect the proper act of the others?

To doubt is to sustain

What maxim guides courts when they indulge the presumption of constitutionality?

Subsequent ones

How are laws generally repealed, according to Article 7 of the New Civil Code?

The violation or non-observance of law

What is not excused by disuse, custom, or practice to the contrary?

The judicial power of the Supreme Court

What is emphasized because there are many bills pending in Congress that pass the Senate and Congress and are signed into law?

Judicial review

What is the last recourse to seek judicial review once the condition is ripe for judicial determination?

It confers no rights, imposes no duties, and is inoperative as if it had not been passed

Under the Orthodox View, what is the effect of an unconstitutional act?

The court simply refuses to recognize and determine the rights of the parties

What is the stance of the Modern View regarding a dispute based on an unconstitutional statute?

People, government, territory, and sovereignty

What are the essential elements of the Republic of the Philippines as a State?

A Democratic and Republican State

What kind of state is the Republic of the Philippines?

The people

Where does sovereignty reside in a Democratic and Republican State?

The government

What entity represents sovereignty and is a representative for the people?

Territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas

What are the components of the national territory besides the Philippine archipelago and all other islands and waters embraced therein?

Section 1, Article I, 1987 Constitution

What source defines the national territory of the Philippines?

Police Power, Eminent Domain, and Power of Taxation

What are the three fundamental powers of the Philippine State?

Police Power

What fundamental power is the State's ability to regulate liberty and property for the promotion of the general welfare?

The regulation of general medical practice

What specifically is cited as being in line with the police power of the state?

Eminent Domain

What fundamental power enables the State to acquire private property upon payment of just compensation?

Power of Taxation

What fundamental power allows the State to demand contributions from members of society to support the maintenance of the government?

Body of rules of action or conduct prescribed by controlling authority, and having binding legal force

How is Law defined?

Law in its plural and generic sense

What refers to the whole body or system of law, such as civil law?

Statute

What is defined as a rule of conduct formulated and made obligatory by legitimate power of the state?

An act of the legislature

What is a statute, expressed in form and passed according to procedure?

Public Acts

What are laws enacted by the Philippine Commission?

Commonwealth Acts

What are laws enacted by the Philippine Legislature?

Batas Pambansa

What are laws enacted by the Batasang Pambansa?

Republic Acts

What are laws enacted by Congress of the Philippines?

Presidential Decrees (PD) and Executive Orders (EO)

What statutes are issued by the President in the exercise of legislative power?

Rules of the Supreme Court interpreting the law

What is one category of enacted laws?

Rules and regulations promulgated by administrative or executive officers

What type of enacted laws result from delegated power?

Laws enacted by Sangguniang of local government units

What is another example of an enacted law?

Presidential Decrees (PD) during the Martial Law Period

What statutes were issued by the President during the Martial Law period?

Executive Orders (EO) issued by the President during the Revolutionary Period

What statutes were issued by the President during the Revolutionary period?

Keep the peace, shape moral standards, promote social justice, and maintain the status quo

What are the four purposes of law listed in the source?

Common law

What type of law is the whole body or system of law, containing the core expressed through specific rules applying to specific facts?

Droit

What French civil law word refers only to written statutory rules, equivalent to "law" in the English common law sense?

The Philippines civil law country

What type of law country adheres to codified or statutory laws?

The Doctrine of Stare Decisis

What principle do the Philippines follow regarding judicial precedents?

Decisions of the courts

What does Case Law refer to?

Science of law

What is the technical definition of jurisprudence?

The application of statutes to actual situations

What is the focus of technical jurisprudence, often excluding the "science of law" reference?

The intent

What is the vital part, the essence, and the primary rule of construction regarding a statute?

The intent of the legislature

What must prevail over the letter of the statute, even if the letter seems clear?

Strictly

How must penal statutes be construed?

Against the State and liberally in favor of the accused

How are penal laws construed, particularly in criminal rules of construction?

The penal statute itself

What is the only factor controlling the interpretation of such laws, besides the rule that reserves mere service as an aid in determining the meaning?

Expressio Unius Est Exclusio Alterius

What elementary rule of construction states that the expression of one thing excludes others not mentioned?

Ejusdem Generis

What doctrine, meaning "of the same kind," restricts the meaning of general words following specific enumeration to things of the same nature as those specified?

Shall

What term is mandatory and imperative, generally imposing a duty which must be enforced?

May

What term is generally permissive or directory, indicating liberty?

The Doctrine of Binding Precedent, or Stare Decisis

What basic principle dictates that a decision on a set of facts should govern subsequent cases embodying the same set of facts?

Ratio Decidendi

What is the doctrine defined as the reason for deciding, applying the legal problem to the concrete facts of the case?

Obiter Dictum

What term refers to a statement of law not essential to the ratio decidendi, uttered by the way, and not binding?

Consistency

What advantage of Stare Decisis ensures that similar cases are decided on a similar basis?

Efficiency

What advantage of Stare Decisis refers to saving the time of the judiciary, lawyers, and clients?

Persuasive

What is the status of Foreign Judgments in the Philippine jurisdiction?

The Doctrine of Res Judicata

What judicially created doctrine provides that when a court has rendered a final judgment, the controversy should be deemed resolved?

Public policy, judicial orderliness, economy of judicial time, and the interest of litigants

Upon what principles is Res Judicata founded?

(1) Former judgment by a court of competent jurisdiction; (2) Judgment on the merits; (3) Identity of parties; and (4) Identity of subject matter and causes of action

What are the four elements required for Res Judicata?

Bar by prior judgment

What concept of Res Judicata operates as a bar to the maintenance of the second action upon the same claim or cause of action?

The doctrine of conclusiveness of judgment

What concept of Res Judicata precludes the relitigation of a particular fact or issue in a different claim or cause of action between the same parties?

Jurisdictional

What characteristic defines the payment of the prescribed docket fee in a civil case?

The time of the filing of the complaint

When must the proper docket fees be paid to acquire jurisdiction?

The enforcement or protection of a right, or the prevention or redress of a wrong

What is the definition of an Action?

Civil Action

What type of action is one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong?

Criminal Action

What type of action is one by which the State prosecutes a person for an act or omission punishable by law?

Special Proceeding

What is a remedy established by rule or law to seek the status, a right, or a particular fact?

The filing of the original complaint

When does a civil action commence?

An act or omission by which a party violates a right of another

What is the definition of a Cause of Action?

(1) The plaintiff's primary right; (2) The defendant's wrongful act or omission (the delict); and (3) The damage caused

What are the three essential elements of a cause of action?

It is determined by the facts alleged in the complaint

How is a cause of action determined, rather than by the prayer?

Right of action

What is the term for the remedial right which is a matter of law and is the formal statement of the operative facts?

Plaintiff

Who is the party claiming the injury in a civil action?

Defendant

Who is the original defending party in a civil action?

Real party in interest

Who is the party to be benefited or injured by the judgment in the suit?

Representatives

Who are parties acting in a fiduciary capacity, such as a trustee, executor, or guardian?

Necessary party

What party is indispensable for the final determination or settlement of the claim involved?

Indigent party

What party is authorized to litigate their action, claim, or defense as such, and is exempted from paying docket fees?

Venue of Real Actions

What applies to actions affecting title to or possession of real property or interest therein?

Where the property is situated

Where is the proper venue for real actions?

Venue of Personal Actions

What applies to all other actions besides those affecting real property?

Where the plaintiff or any of the principal defendants resides

Where may a personal action be commenced?

Venue of Actions Against Non-Residents

What applies if any of the defendants resides and is not found in the Philippines, and the action affects the personal status of the plaintiff, or any property of said defendant located in the Philippines?

Where the plaintiff resides or where the property or any portion thereof is situated

Where may an action against a non-resident be commenced in certain circumstances?

Revised Penal Code (RPC)

What is the principal law regarding the basic principles of crimes and penalties in the Philippines?

December 8, 1930

When did the Revised Penal Code take effect?

Special Penal Laws

What are the laws enacted by Congress that penalize acts not included in the RPC?

Criminal Law

What is the most important part of the Philippine Legal System for medico-legal practice?

"The People versus the accused"

What is the title used in criminal actions?

The Spanish Penal Code and the American Criminal Justice System

What two major influences shaped the Philippine Criminal Law?

A complaint or an information filed by the fiscal

How is a criminal action commenced by the State?

The right of the individual

What is the basis for a civil action, distinguishing it from a criminal action?