ILL QUIZ 1: L1 & L2 (MIDTERMS)

The science of moral laws founded on the rational nature of man that governs his free activity for the realization of the individual and social ends of life under an aspect of mutual conditional dependence

Law

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It is a rule of conduct, just, obligatory, formulated by legitimate power for common observance and benefit

Lapitan vs PCSO, 60 O.G. 6841

Formal expression of the sovereign will through the legislature

Law

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Laws refers to all laws and not only to those of general application

Tanada vs. Tuviera

ART. 2, NCC

All statutes, including those of local application and private laws shall be published in the (1)_____ or in any (2)_____ as a condition for their effectivity, which shall begin (3)_____ days after the publication unless a different publication date is fixed by the legislature

(1) Official Gazette
(2) newspapers of general circulation
(3) fifteen

ART. 2, NCC

Other enactments, such as the (1)_____, had (2)_____ that simply stated that it shall take effect upon approval

(1) Presidential Decrees
(2) effectivity clauses

LEGISLATIVE PROCESS

(1) What happens during the first reading?
(2) What happens during the second reading?

(1) Appropriate committee
(2) Sponsorship, interpellation, and amendments

What are the 2 classes of international law?

public international law
private international law

That body of rules which governs the conduct and relations of the States with each other

public international law

Those rules and principles according to which cases having foreign elements are decided

private international law

Private international law applies to (1)_____ and not to (2)_____. Moreover, the rules and principles of private international law vary from State to State and there is no uniformity

(1) individuals
(2) States

Private international law is enforced by (1)_____ which apply (2)_____ and not (3)_____

(1) municipal courts
(2) municipal law
(3) international law

The law applied within a State. (1)_____ are (2)_____ or (3)_____ laws. They regulate the relationship between (4)_____ and determine the relationship among citizens

(1) Municipal laws
(2) domestic
(3) national
(4) the State and its citizens

Statute law can either be?

substantive or procedural

(1)_____ defines the rights while the (2)_____ deals mainly with the procedure or remedies

(1) substantive law
(2) procedural law

Procedural law prescribes the method of enforcing the rights or obtaining redress for their invasion

It provides the manner on which we enforce or preserve our rights

Such procedure is usually prescribed in the (1)_____

(1) Rules of Court

SUBSTATIVE OR PROCEDURAL?

It determines the conduct and relations of the parties inter se in respect of the matter litigated

SUBSTATIVE

SUBSTATIVE OR PROCEDURAL?

It regulates the conduct and relations of the courts and litigants in respect of the litigation

PROCEDURAL

SUBSTATIVE OR PROCEDURAL?

It deals with the ends which the administration of justice contemplates

SUBSTATIVE

SUBSTATIVE OR PROCEDURAL?

It deals with the means and instruments by which the ends of administration of justice are to be attained

PROCEDURAL

SUBSTATIVE OR PROCEDURAL?

The question as to what facts constitute a wrong is determined by _____

SUBSTATIVE

SUBSTATIVE OR PROCEDURAL?

What facts constitute the proof of wrong

PROCEDURAL

SUBSTATIVE OR PROCEDURAL?

Defines the rights

SUBSTATIVE

SUBSTATIVE OR PROCEDURAL?

Defines the modes and conditions of the application of one to the other

PROCEDURAL

SUBSTATIVE OR PROCEDURAL?

It relates to the matter outside the courts

SUBSTATIVE

SUBSTATIVE OR PROCEDURAL?

Regulates the affairs inside the courts

PROCEDURAL

Refers to the enactments by a competent legislative body and is usually manifested in a formal written instrument with the force and effect of law for its compliance

statutory law

The system of law is reduced to a codified written instrument for general observation and compliance

statutory law

COMMON LAW

The body of (1)_____, based upon (2)_____ and embodied in reports of (3)_____, that has been administered by the common-law courts of England since the Middle Ages

(1)customary law
(2) judicial decisions
(3) decided cases

It refers to law that has for its source the decisions laid out by the court of the land

common law

Refers to statutes that affect people, property, and transactions within the territorial jurisdiction of the Republic of the Philippines

general laws

Refers to statutes that pertain to a particular area or matter usually providing for its own definition and prescribes its own penalties for violations of the provisions

special laws

Refers to ordinances promulgated by the local legislative body of a local government unit applicable only within its local territorial jurisdiction

local laws

Refers to enactments of the legislature pertaining to a general area of law

public laws

Determines and regulates the organization and functioning of the State and determines the relation of the State with its subjects

public laws

Regulates and governs the relations of citizens with one another

private law

The parties are private individuals, and the State decides the disputes among the people

private law

Enumerate the 7 general classification of private law

(1) law of persons
(2) law of property
(3) law of obligations
(4) conflict of laws
(5) contracts
(6) quasi-contracts
(7) tort

Refers to statutes that provide for the procedure in which one may enforce a right or for redress of grievance

remedial laws

Refers to statutes that correct mistakes or irregularities committed prior to its enactment

curative laws

Spells out the duties that exist between persons or between citizens and their government

civil law

Looks at crimes against the public. It is always public

criminal law

In such a case, the government is attempting to penalize guilty persons

criminal law

Enumerate the 3 classes of public law

(1) constitutional law
(2) administrative law
(3) criminal law

Determines the nature of the State and the structure of the government

It is superior to the ordinary law of land

constitutional law

Deals with the structure, powers and functions of the organization of administration, the limits of their powers, the methods and procedures followed by them and the methods by which their powers are controlled including the legal remedies available to persons whose rights have been infringed

administrative law

Is necessary for the maintenance of law and order and peace within the State

It is the State which initiates proceedings against the wrongdoers

The State is always a party in such cases

criminal law

This is when all of the judges agree

unanimous opinion

When there is not a unanimous opinion, a _____ opinion is written

This outlines the views of the _____ of the judges on this particular issue

majority opinion

Usually written when a judge agrees with the decision for but for a different reason

concurring opinion

This is sometimes called the "minority opinion." This is written by the judges who disagree with the majority opinion

dissenting opinion

ART. 9, NCC

Basic Rules in interpretation of Law

1. When the law and its meaning is (1)_____, there is no need to interpret it any further

(1) clear and unmistakable

ART. 9, NCC

Basic Rules in interpretation of Law

2. When the construction or interpretation is necessary, the court, should interpret the law according to the (1)_____

(1) meaning the legislature intended to give it

ART. 9, NCC

Basic Rules in interpretation of Law

3. If there are two possible interpretations of a law, that which will (1)_____ be adopted

(1) achieve the end desired by Congress

ART. 9, NCC

Basic Rules in interpretation of Law

4. In case of doubt in the interpretation and application of laws and when all other rules of statutory construction fail, it is presumed that (1)_____

(1) the lawmaking body intended right and justice to prevail

Enumerate the 5 sources of statutory construction

(1) Customs, which are not contrary to law, public policy or public order
(2) Court decisions, foreign or local, in similar case
(3) Legal opinions of qualified writers and professors
(4) General principle of justice and equity
(5) Rules of statutory construction

In applying the law, the court should discover the real intent and purpose of the legislature. If that intent and purpose can be discovered within the law, it is the duty of the court to (1)_____

carry out that intention

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Statutory construction is the act 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, where that intention is rendered doubtful among others, by reason of the fact that the given case is not explicitly provided for in the law

Caltex Inc. vs. Palomar L-19650, L19650, 1966, SCRA 247

(1)_____ is the drawing of the true nature, meaning, and intent of the law through examination or its provision. One does not go outside of the context of the statute

(1) Interpretation

(1)_____ is the process of using tools, aid, references aids in order to ascertain its nature, meaning, and intent. One has to go outside of the language of the statute and resort to extrinsic aids

(1) Construction

One who interprets makes use of (1)_____ or those found in the statute itself, while one who constructs makes use of (2)_____ or those found outside of the written language of the law

(1) intrinsic aids
(2) extrinsic aids

IDENTIFY WHICH CASE

Courts should first be guided by intrinsic aids, or those found in the law itself. If the legislative intent could be ascertained by merely making use of the intrinsic aids, there is no need to make use of the extrinsic aids

Commissioner of Internal Revenue vs Limpan Investment Corp. L28571 and L-28644, July 31, 1970

Are any of the following: title, preamble, words, phrases and sentences context: punctuation; headings and marginal notes; legislative definitions and interpretation clauses. All those found in the law

intrinsic aids

Legislative history of the statute, practical construction, executive construction, legislative construction, judicial construction, and construction by the bar and legal commentators

extrinsic aids

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Anyone can interpret the law. Lawyers, policemen, arbiters, administrative boards and agencies, as well as private citizens are involved from time to time in the interpretation of laws. However, it is not conclusive, nor they bind the courts

Mantrade FMMC Employees Union v. Bacungan, GR. No. 48437, Sept. 30, 1986

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It is a cardinal principle of statutory construction that where the words and phrases of a statute are not obscure or ambiguous, its meaning and intention of the legislature must be determined from the language employed, and where there is no ambiguity in the words, there is no room for construction

As held in the Provincial Board of Cebu vs CFI, 171 SCRA 1

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The first and fundamental duty of courts is to apply the law. Construction and interpretation come only after it has been demonstrated that application is impossible or inadequate without them

National Federation of Labor vs Eisma, GR-L61296, 127SCRA419, 1984