Intro To MT Laws Flashcards
1
Q
3 BRANCHES OF GOVERNMENT
A
Executive
Legislative
Judiciary
2
Q
Three co-equal and coordinate branches:
Executive
Legislative
Judiciary
A
3
Q
T or F
these 3 (executive, legislative, and judiciary) are equal in power and importance
A
TRUE
4
Q
Tasked with the duty of enforcing and administering the law
A
Executive
5
Q
Tasked with the duty of enforcing and administering the law
A
Executive
6
Q
Who is the executive
A
The president
Present: President Ferdinand Romualdez Marcos Jr.
7
Q
Term of president
A
6 years and the eligible for re-election
8
Q
2 chambers of the Philippine Congress:
A
Senate
House of Representatives
9
Q
_______power: to propose, enact, amend, and repeal statutes (i.e., Republic Acts)
Have the power to propose a bill
A
Legislative
10
Q
Senate is headed by the
A
Senate President
Present: Juan Miguel Zubiri
11
Q
House of Representatives is headed by
A
The speaker of the house
12
Q
focused on positions that deal with national importance
A
Senate
13
Q
How many senators?
A
24
But only 12 are voted every 3 years
14
Q
Focused on the concerns of their respective constituencies
How many are they?
A
House of Representatives
Not more than 250 representatives
15
Q
Interprets and applies the law in actual controversies
A
Judiciary
16
Q
Supreme court is under what branch?
A
Judiciary
17
Q
Supreme court is headed by ____ with ________
A
Chief justice
14 associate justices
18
Q
Highest court of the land
A
Supreme court
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
20
Q
: to test the validity of executive and legislative acts considering their conformity with the Constitution
A
Judicial review
21
Q
How many people in the supreme court
A
15
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
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)
24
Q
Power to make laws
A
Legislative
25
Power to enforce laws
Executive
26
Power to interpret laws
Judiciary
27
rule of conduct, just and obligatory, laid down by legitimate authority for common observance and benefit
Law
28
(5) Sources of Law
Constitution
Jurisprudence
Customs and Tradition
Legislation
International Laws and Customs
29
How many reading before a bill becomes a law?
3
30
Who is/ are the lawmakers
Senator
31
Bill’s title is read in plenary session and referred to the appropriate committee
FIRST READING
32
Scrutiny through public hearings where arguments by advocates and those in opposition are heard
FIRST READING
33
Preparation of Committee Report and submission to the floor
FIRST READING
34
Sponsorship: presentation of the essential and salient features of the bill and underscoring of the rationale
SECOND READING
35
Interpellations: debates over the bill by lawmakers
SECOND READING
36
Committee and individual amendments
SECOND READING
37
Printed copies of the bill are distributed to the members
Once passed, transmitted to the other chamber for concurrence
THIRD READING
38
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
THIRD READING
39
THE PRESIDENT’S OPTIONS abt the bill
Sign the bill
Veto the bill
Pocket veto the bill
40
Sign and pass the bill:
The bill is assigned with a _______and becomes a law.
Republic Act number
41
Veto the bill:
By refusing to sign, the bill is sent back to the__________, along with the reasons for the veto.
House of Representatives
42
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.
two-thirds (2/3)
43
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).
30
44
PARTS OF A STATUTE (REPUBLIC ACTS)
Title
Enacting clause
Body
Repealing clause
Separability clause
Date of effectivity
45
General subject matter of the legislative measure
TITLE
46
Declares the source of the promulgation
Constitutionally required portion of the bill which formally expresses the intent that it becomes a law
ENACTING CLAUSE
47
Contains the provisions of the law
BODY
48
provides for a qualification to the operation of a particular provision of law
PROVISO
49
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
REPEALING CLAUSE
50
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
SEPARABILITY CLAUSE
51
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)
DATE OF EFFECTIVITY
52
TYPES OF CASES
Administrative cases
Civil cases
Criminal cases
53
Penalties: reprimand, suspension, dismissal
Proof needed: substantial evidence
Due process: notice and hearing; preventive suspension
ADMINISTRATIVE CASES
54
Within an institution/workplace
ADMINISTRATIVE CASES
55
Example:
Govt. worker (Graft & Corruption
Republic of the Philippines versus (name of the defendant)
MedTech vs. MedTech
Administrative cases
56
When a party violates the right/s of another
Subject to interpretation of law
CIVIL CASES
57
Penalties: damages (moral, nominal, etc.), fees/cost, restriction of rights
Proof needed: preponderance of evidence
CIVIL CASES 
58
Restriction of rights
Raping a minor the person cannot go to schools
Abuse, the person cannot go near the plaintiff within 200 m.
Civil cases
59
Person to person
Example: Patient vs. MedTech
Civil cases
60
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)
CRIMINAL CASES
61
TYPES OF DAMAGES
Actual compensatory
Moral
Exemplary or corrective
Liquidated
Temperate
Nominal
62
Awarded in satisfaction of, or in recompense for, loss or injury sustained; they simply make good or replace the loss caused by the wrong
Actual or compensatory
63
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
Moral
64
Imposed, by way of example or correction for the public good
Exemplary or corrective
65
Those agreed upon by the parties to a contract, to be paid in case of breach thereof
Liquidated
66
May be recovered when pecuniary (money) loss has been suffered but the amount cannot, from the nature of the case, be proven with certainty
Temperate
67
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
Nominal
68
PARTS OF A COURT DECISION
Petitioner
Respondent
General Register
Ponente (Opinion writer)
69
Types of opinion in court
Dissenting opinion
Separate opinion
Concurring opinion
70
The party who petitioned the Supreme Court to review the case
Petitioner
71
The party being sued or tried
Respondent
72
A number which shall identify the case for record purposes
G.R. (General Register)
73
the member of the Court assigned to write the opinion of the Court
Ponente (opinion writer)
74
May be submitted by a Member who disagrees with the majority opinion, its conclusions, and the disposition of the case
Dissenting opinion
75
May be submitted by a Member who agrees with the result of the case, but based on different reason or reasons
Separate opinion
76
may be submitted by a Member who agrees with the main opinion, but opts to express other reasons for concurrence
Concurring opinion
77
Philippine Commission, Philippine Assembly, Philippine Legislature
Acts
4,275
1900-1935
78
National Assembly, Congress
Commonwealth Acts
733
1935- 1941
79
Congress
Republic Acts
6,635
1946-1972
80
Marcos as Legislator under Martial Law
Presidential Decrees
2,036
1972-1986
81
Batasang Pambansa
Batas Pambansa
891
(1978-1986)
82
President Aquino as Legislator in the Revolutionary Govt
-1973 constitution is suspended when Cory Aquino became president through People Power
Executive Orders
302
1986-1987
83
Congress
Republic Acts
2,543 (2002 data)
1987-Present
84
PERSONS CRIMINALLY LIABLE FOR FELONIES
Principal
Accomplices
Accessories
85
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
PRINCIPALS
86
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
ACCOMPLICES
87
With knowledge but no participation, takes part only after the commission of the crime ( e.g. concealing or destroying the body of the crime)
ACCESSORIES
88
CAPITAL AND AFFLICTIVE PENALTIES
RECLUSION PERPETUA:
RECLUSION TEMPORAL:
PRISION MAYOR:
89
CORRECTIONAL AND LIGHT PENALTIES
PRISION CORRECCIONAL:
ARRESTO MAYOR:
ARRESTO MENOR:
90
RECLUSION PERPETUA:
RECLUSION TEMPORAL:
PRISION MAYOR:
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
PRISION CORRECCIONAL:
ARRESTO MAYOR:
ARRESTO MENOR:
6 months and 1 day to 6 years
1 month and 1 day to 6 months
1 day to 30 days
92
Ignorance of the law excuses no one
Ignorantia legis non excusat
93
Ignorantia legis non excusat =
Ignorance of the law excuses no one
94
Dura lex sed lex =
the law is hard but it is the law
95
the law is hard but it is the law
Dura lex sed lex
96
Salus populi est suprema lex =
the welfare of the people is the supreme law
97
the welfare of the people is the supreme law
Salus populi est suprema lex
