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MT Laws > Intro To MT Laws > Flashcards

Intro To MT Laws Flashcards

1
Q

3 BRANCHES OF GOVERNMENT

A

Executive
Legislative
Judiciary

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2
Q

Three co-equal and coordinate branches:
Executive
Legislative
Judiciary

A
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3
Q

T or F

these 3 (executive, legislative, and judiciary) are equal in power and importance

A

TRUE

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4
Q

Tasked with the duty of enforcing and administering the law

A

Executive

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5
Q

Tasked with the duty of enforcing and administering the law

A

Executive

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6
Q

Who is the executive

A

The president

Present: President Ferdinand Romualdez Marcos Jr.

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7
Q

Term of president

A

6 years and the eligible for re-election

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8
Q

2 chambers of the Philippine Congress:

A

Senate
House of Representatives

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9
Q

_______power: to propose, enact, amend, and repeal statutes (i.e., Republic Acts)

Have the power to propose a bill

A

Legislative

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10
Q

Senate is headed by the

A

Senate President

Present: Juan Miguel Zubiri

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11
Q

House of Representatives is headed by

A

The speaker of the house

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12
Q

focused on positions that deal with national importance

A

Senate

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13
Q

How many senators?

A

24

But only 12 are voted every 3 years

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14
Q

Focused on the concerns of their respective constituencies

How many are they?

A

House of Representatives

Not more than 250 representatives

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15
Q

Interprets and applies the law in actual controversies

A

Judiciary

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16
Q

Supreme court is under what branch?

A

Judiciary

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17
Q

Supreme court is headed by ____ with ________

A

Chief justice

14 associate justices

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18
Q

Highest court of the land

A

Supreme court

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19
Q

: to settle actual controversies and to determine whether there has been grave abuse of discretion on the part of any branch or instrumentality of the government

A

Judicial power

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20
Q

: to test the validity of executive and legislative acts considering their conformity with the Constitution

A

Judicial review

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21
Q

How many people in the supreme court

A

15

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22
Q

Hierarchy of Ph courts

A

Supreme court
-Sandigbayan
-Court of Tax Appeals
-Court of Appeals
—Regional Trial Courts
———Metropolitan TC
———Municipal TC
———Municipal TC in Cities
———Municipal Circuit TC
—Shari’a District Courts
———Shari’a Circuit Courts

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23
Q

SEPARATION OF POWERS/CHECKS & BALANCES

‘Less opportunity for abuse of power; avoids concentration of powers in 1 branch which may lead to abuse of the other branches or the citizenry’

A

(Belgica v. Ochoa)

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24
Q

Power to make laws

A

Legislative

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25
Q

Power to enforce laws

A

Executive

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26
Q

Power to interpret laws

A

Judiciary

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27
Q

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

A

Law

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28
Q

(5) Sources of Law

A

Constitution
Jurisprudence
Customs and Tradition
Legislation
International Laws and Customs

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29
Q

How many reading before a bill becomes a law?

A

3

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30
Q

Who is/ are the lawmakers

A

Senator

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31
Q

Bill’s title is read in plenary session and referred to the appropriate committee

A

FIRST READING

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32
Q

Scrutiny through public hearings where arguments by advocates and those in opposition are heard

A

FIRST READING

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33
Q

Preparation of Committee Report and submission to the floor

A

FIRST READING

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34
Q

Sponsorship: presentation of the essential and salient features of the bill and underscoring of the rationale

A

SECOND READING

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35
Q

Interpellations: debates over the bill by lawmakers

A

SECOND READING

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36
Q

Committee and individual amendments

A

SECOND READING

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37
Q

Printed copies of the bill are distributed to the members

Once passed, transmitted to the other chamber for concurrence

A

THIRD READING

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38
Q

Once passed, the enrolled bill enacted by both Houses of Congress and certified by its officials is transmitted to the Office of the President for consideration

A

THIRD READING

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39
Q

THE PRESIDENT’S OPTIONS abt the bill

A

Sign the bill
Veto the bill
Pocket veto the bill

40
Q

Sign and pass the bill:
The bill is assigned with a _______and becomes a law.

A

Republic Act number

41
Q

Veto the bill:
By refusing to sign, the bill is sent back to the__________, along with the reasons for the veto.

A

House of Representatives

42
Q

If both houses of Congress decide that the bill or any of its vetoed provisions should still become a law, they will separately hold a vote.

If _______of the members of both houses voted for support of the bill, the President’s veto is overridden. Therefore, the bill becomes a law.

A

two-thirds (2/3)

43
Q

Pocket veto the bill:
The President may do nothing with the bill.

However, even with the inaction of the chief executive, the bill automatically becomes a law after_____ days (while Congress is still in session).

A

30

44
Q

PARTS OF A STATUTE (REPUBLIC ACTS)

A

Title
Enacting clause
Body
Repealing clause
Separability clause
Date of effectivity

45
Q

General subject matter of the legislative measure

A

TITLE

46
Q

Declares the source of the promulgation

Constitutionally required portion of the bill which formally expresses the intent that it becomes a law

A

ENACTING CLAUSE

47
Q

Contains the provisions of the law

A

BODY

48
Q

provides for a qualification to the operation of a particular provision of law

A

PROVISO

49
Q

All laws, decrees, executive orders, rules, and regulations inconsistent with the provisions of this Act are hereby repealed, amended, or modified accordingly’

Edits or modifications

A

REPEALING CLAUSE

50
Q

If a part of the statute is judicially declared as unconstitutional, the other portions of the statute are not affected and are still in force and effect

Refers to a legal provision that states that if any part of a contract or law is found to be invalid or unenforceable, the remaining parts of the contract or law will still be valid and enforceable

A

SEPARABILITY CLAUSE

51
Q

Provides for the date when the law will take into effect (may or may not be specified; if not, after 15 days following its publication in the Official Gazette or a newspaper of national circulation)

A

DATE OF EFFECTIVITY

52
Q

TYPES OF CASES

A

Administrative cases
Civil cases
Criminal cases

53
Q

Penalties: reprimand, suspension, dismissal
Proof needed: substantial evidence
Due process: notice and hearing; preventive suspension

A

ADMINISTRATIVE CASES

54
Q

Within an institution/workplace

A

ADMINISTRATIVE CASES

55
Q

Example:
Govt. worker (Graft & Corruption
Republic of the Philippines versus (name of the defendant)
MedTech vs. MedTech

A

Administrative cases

56
Q

When a party violates the right/s of another
Subject to interpretation of law

A

CIVIL CASES

57
Q

Penalties: damages (moral, nominal, etc.), fees/cost, restriction of rights

Proof needed: preponderance of evidence

A

CIVIL CASES 

58
Q

Restriction of rights

Raping a minor the person cannot go to schools

Abuse, the person cannot go near the plaintiff within 200 m.

A

Civil cases

59
Q

Person to person
Example: Patient vs. MedTech

A

Civil cases

60
Q

Felonies: the State prosecutes a person for an act or omission punishable by law

Penalties: imprisonment, damages, restriction of rights, fees/cost

Proof needed: proof of guilt beyond reasonable doubt

Republic of the Philippines versus (name of the defendant)

A

CRIMINAL CASES

61
Q

TYPES OF DAMAGES

A

Actual compensatory
Moral
Exemplary or corrective
Liquidated
Temperate
Nominal

62
Q

Awarded in satisfaction of, or in recompense for, loss or injury sustained; they simply make good or replace the loss caused by the wrong

A

Actual or compensatory

63
Q

Awarded to enable the injured party to obtain means, diversions or amusements that will serve to alleviate the moral suffering he has undergone, by reason of the defendant’s culpable action

A

Moral

64
Q

Imposed, by way of example or correction for the public good

A

Exemplary or corrective

65
Q

Those agreed upon by the parties to a contract, to be paid in case of breach thereof

A

Liquidated

66
Q

May be recovered when pecuniary (money) loss has been suffered but the amount cannot, from the nature of the case, be proven with certainty

A

Temperate

67
Q

Small sums fixed by the court without regard to the extent of the harm done to the injured party; damages in name only in recognition of technical injury based on violation of a legal right

May be awarded in order that the plaintiff’s right, which has been violated or invaded by the defendant, may be vindicated or recognized, and not for the purpose of indemnifying the plaintiff for any loss suffered

A

Nominal

68
Q

PARTS OF A COURT DECISION

A

Petitioner
Respondent
General Register
Ponente (Opinion writer)

69
Q

Types of opinion in court

A

Dissenting opinion
Separate opinion
Concurring opinion

70
Q

The party who petitioned the Supreme Court to review the case

A

Petitioner

71
Q

The party being sued or tried

A

Respondent

72
Q

A number which shall identify the case for record purposes

A

G.R. (General Register)

73
Q

the member of the Court assigned to write the opinion of the Court

A

Ponente (opinion writer)

74
Q

May be submitted by a Member who disagrees with the majority opinion, its conclusions, and the disposition of the case

A

Dissenting opinion

75
Q

May be submitted by a Member who agrees with the result of the case, but based on different reason or reasons

A

Separate opinion

76
Q

may be submitted by a Member who agrees with the main opinion, but opts to express other reasons for concurrence

A

Concurring opinion

77
Q

Philippine Commission, Philippine Assembly, Philippine Legislature
Acts
4,275

A

1900-1935

78
Q

National Assembly, Congress
Commonwealth Acts
733

A

1935- 1941

79
Q

Congress
Republic Acts
6,635

A

1946-1972

80
Q

Marcos as Legislator under Martial Law
Presidential Decrees
2,036

A

1972-1986

81
Q

Batasang Pambansa
Batas Pambansa
891

A

(1978-1986)

82
Q

President Aquino as Legislator in the Revolutionary Govt
-1973 constitution is suspended when Cory Aquino became president through People Power
Executive Orders
302

A

1986-1987

83
Q

Congress
Republic Acts
2,543 (2002 data)

A

1987-Present

84
Q

PERSONS CRIMINALLY LIABLE FOR FELONIES

A

Principal
Accomplices
Accessories

85
Q

By direct participation

By Induction/inducement: those who directly force or induce others to commit it; words of inducement must be made prior to the commission of the crime (People v. Castillo)

By Indispensable cooperation: without the cooperation, the crime would not have been accomplished

A

PRINCIPALS

86
Q

Cooperates in the execution by previous or simultaneous acts, intending to give material and moral aid

Relation between the acts of the principal and the alleged accomplice

A

ACCOMPLICES

87
Q

With knowledge but no participation, takes part only after the commission of the crime ( e.g. concealing or destroying the body of the crime)

A

ACCESSORIES

88
Q

CAPITAL AND AFFLICTIVE PENALTIES

A

RECLUSION PERPETUA:
RECLUSION TEMPORAL:
PRISION MAYOR:

89
Q

CORRECTIONAL AND LIGHT PENALTIES

A

PRISION CORRECCIONAL:
ARRESTO MAYOR:
ARRESTO MENOR:

90
Q

RECLUSION PERPETUA:

RECLUSION TEMPORAL:

PRISION MAYOR:

A

20 years and 1 day to 40 years

12 years and 1 day to 20 years

6 years and 1 day to 12 years

91
Q

PRISION CORRECCIONAL:

ARRESTO MAYOR:

ARRESTO MENOR:

A

6 months and 1 day to 6 years

1 month and 1 day to 6 months

1 day to 30 days

92
Q

Ignorance of the law excuses no one

A

Ignorantia legis non excusat

93
Q

Ignorantia legis non excusat =

A

Ignorance of the law excuses no one

94
Q

Dura lex sed lex =

A

the law is hard but it is the law

95
Q

the law is hard but it is the law

A

Dura lex sed lex

96
Q

Salus populi est suprema lex =

A

the welfare of the people is the supreme law

97
Q

the welfare of the people is the supreme law

A

Salus populi est suprema lex

MT Laws (28 decks)

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