3101 Intro to Law Pre-Midterms

Law is a rule of conduct, just and obligatory, laid down by a legitimate authority for common observance and benefit.

Define law in a strict legal sense, according to Sanchez Roman [Rolanzo Suarez]

Law is any rule of action or norm of conduct applicable to all kinds of action and to all objects of creation.

Define law in its broadest sense [Rolanzo Suarez]

legislation, precedent, custom, court decision

Enumerate the sources of law [Rolanzo Suarez]

• proved as a fact under the rules of evidence

• not contrary to law

• repeated acts, uniformly performed

• judicial intention to make a rule of social conduct

• acknowledged by society through long, uninterrupted usage

Enumerate the 6 Requisites of Custom as a source of law

Nulla Poena Sine Lege

The latin term for the established rule: No crime when there’s no law punishing it.

One must interpret first before he construes

The basic rule in Statutory Construction

Intrinsic aids

What aid is used in Interpretation?

Extrinsic aids

What aid is used in Statutory Construction?

Spirit Prevails by Justice Isagani Cruz, Letter Prevails by Chief Justice Ramon Aquino

Name the 2 Justices and their respective School of Thoughts when the letter conflicts with the spirit

grave abuse of discretion amounting to lack or excess of jurisdiction

What do the court examine in judicial review?

The fundamental right of equal protection of the laws is not absolute, but is subject to reasonable classification such as substantial distinction. It is when a real, meaningful difference between groups or situation justifies treating them differently under legal classification.

Explain the concept where it justifies the creation of law for specific sector/group like Senior Citizens Act or VAWC.

Article 2 - Laws shall take effect after 15 days following the completion of their publication in the Official Gazette, unless it is otherwise provided.

State the provision from the Civil Code regarding the publication of laws.

Documentary, Object, Testimonial

Enumerate the 3 types of evidence

The Doctrine of Processual Presumption means that if a foreign law applies to a case but is not properly pleaded or proved in Philippine court, the court will presume that the foreign law is identical to the domestic or local law.

Explain the Doctrine of Processual Presumption

Article 246: Parricide - Any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or any of his ascendants or descendants, or his spouse, shall be guilty of parricide and shall be punished by the penalty of reclusion perpetua to death.

State the provision under the Revised Penal Code about parricide.

Rule 2 - Cause of action is the act or omission by which a party violates a right of another. Plaintiff’s Legal right, Defendant’s Obligation, Defendant’s Violation/Breach

Define cause of action (state also the rule no.) and enumerate its 3 core elements.

Application means to apply the law when there’s no doubt. When the law is clear and unambiguous, and there is no room for departure from the letter of the law, apply as is.

Define application of laws

Interpretation is applied when there is doubt. If the language of the law is ambiguous, doubtful, or obscure, law is interpreted. It is also presumed that the lawmaking body intended right and justice to prevail.

Define interpretation of laws

Interpretation uses intrinsic aids and confines itself within the letter of the law. While Statutory construction uses extrinsic aids which are found outside the written language of the law.

Difference between Interpretation and Statutory Construction

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.

Define Statutory Construction by Rolando Suarez

Article 36 of the Family Code

What article under the Family Code in the case of Bolos vs. Bolos?

A.M. No. 02-11-10-SC: The Rule on Declaration of Absolute Nullity of Void Marriages and Annulment of Voidable Marriages

State the specific provision and its title that was the focus of Bolos v. Bolos.

She argued that “under the Family Code” in Sec 1 of the Rule pertains to “petitions” and not “marriage”

What did Cynthia Bolos argued?

Verba Legis Non Est Recedendum - “From the words of a statute, there should be no departure”

What is the doctrine in Bolos vs. Bolos? Also include the meaning of the Latin phrase.

February 14, 1980

When did Bolos celebrated their marriage?

August 3, 1988

When did the Family Code took effect?

damages with preliminary attachment

Salvacion vs. Central Bank of the Philippines: On the same day, petitioners filed with the Regional Trial Court of Makati Civil Case No. 89-3214 for ________________________ against Greg Bartelli.

Notice of Garnishment

Salvacion vs. Central Bank of the Philippines: On March 1, 1989, the Deputy Sheriff of Makati served a ___________________ on China Banking Corporation.

Section 113 of the Central Bank Circular No. 960

What section under what specific provision did China Banking Corporation invoked?

It states that foreign currency deposits are absolute exempt from attachment, garnishment, or any other court process.

State what is stated in Section 113 of the Central Bank Circular No. 960

Ratio Legis Est Anima - “The reason of the law is its soul”

What is the doctrine in Salvacion vs. Central Bank of the Philippines? Also include the meaning of the Latin phrase.

Its purpose was to encourage foreign deposits from foreign lenders and investors to aid economic development.

What was the purpose of Section 113 of the Central Bank Circular No. 960?

Section 29(2) Article 6 of the 1987 Constitution

What was the certain provision (include section and article) invoked by Peralta that according to him PhilPost violated?

No public money or property shall be paid directly or indirectly for the use, benefit, or support of any religion.

State what was the provision under Section 29(2) Article 6 of the 1987 Constitution

Complaint for Injunction

What did Peralta filed? (like name of the complaint)

Ut Magis Valeat Quam Pereat - “That thing must have an effect rather than perish”

What is the doctrine in Peralta vs. Philippine Postal Corporation? Also include the meaning of the Latin phrase.

separation of Church and State, non-establishment clause, free-exercise clause, prohibition on use of public funds for religious purpose

What were the provisions that should be read and harmonized together in the case of Peralta vs. Philippine Postal Corporation?

5% surcharge, 1% monthly interest

In the case of Commissioner of Internal Revenue vs. Limpan Investment Corporation, what are the 2 conditions for the unpaid deficiency taxes (like it would be subjected to this)?

application precedes interpretation

What was the doctrine in the case Commissioner of Internal Revenue vs. Limpan Investment Corporation?

Section 51(e) of the National Internal Revenue Code

What was the specific provision (include section and name of the law) CIR invoked that should be applied rather than interpreted?

Section 699 of the Revised Administrative Code of 1917

In the case of Mecano vs. Commission on Audit, what provision did Mecano invoke to get his medical and hospitalization expenses reimbursed?

Administrative Code of 1987

In the case of Mecano vs. Commission on Audit, what provision did the Commission on Audit invoke that, according to them, repealed the one Mecano invoked?

It’s because Section 699 of the RAC had not been restated or reenacted under the New Code.

Why did COA said that Section 699 of the RAC has been repealed under the New Code?

Express repeal is when it explicitly identifies the particular law or provisions intended to be repealed. While, implied repeal happens when a new law contains provisions that are completely inconsistent, contradictory, or irreconcilable with an older law, even if the new law does not explicitly mention the old one.

Explain the difference between the 2 types of repeal.

irreconcilable inconsistency, a later code covering the whole subject as a complete substitute

Enumerate 2 Kinds of Implied Repeal

Implied repeals are not favored

What was the main doctrine in the case of Mecano vs. Commission on Audit?

Section 5 Paragraph 1 and Paragraph 4 of Act No. 3753

Enumerate the 2 Contending Provisions in Barcelote vs. Republic

Lex Specialis Derogat Generali - “Specific law repeals the general law”

What is the doctrine in Barcelote vs. Republic? Also include the meaning of the Latin phrase.

In case of an illegitimate child, the birth certificate shall be signed and sworn to jointly by the parents of the infant or only by the mother if the father refuses.

State the whole provision under Section 5 Paragraph 4 Act 3753

lets either parent’s declaration suffice for a birth registration

State the whole provision under Section 5 Paragraph 1 Act 3753