Laws, Its Concept and Classification , General Principles

Question 1

• Any rule of action or norm of conduct applicable to all kinds of action and to all objects of creation
• It includes all laws, which refers to STATE LAW, PHYSICAL LAW, DIVINE LAW & others.
• It is a rule of conduct, just and obligatory.

Answer 1

LAW

Question 2

• Rule of conduct
• Law must be just
• Obligatory
• Must be prescribed by legitimate authority
• Must be ordained for the common good

Answer 2

ELEMENTS OF LAW

Question 3

SALUS POPULI EST SUPREMA LEX

Answer 3

The Welfare of the People is the Supreme Law.

Question 4

2 Classification Of Law

Derives its force and authority from God. It is superior to the other laws.

Answer 4

Natural Law

Question 5

2 Classification Of Law

Statutes which has been laid down by a legislature, court or other human institution and can take whatever form the authors want.

Answer 5

Positive Law

Question 6

A kind of Natural Law (2)

Set of rules which establishes what is right and what is wrong as dictated by human conscience and as inspired by the eternal law.

Answer 6

Moral Law

Question 7

A kind of Natural Law

Universal rule of action that governs the conduct and movement of things which are non-free and material.

Answer 7

Physical Law

Question 8

A kind of Positive Law

Divine Positive Law
Divine Human Positive Law

Answer 8

Divine Law

Question 9

A kind of Positive Law

• Constitutional Law
• Administrative Law
• International Law
• Private Law

Answer 9

Public Law

Question 10

• Legislation
• Precedent
• Custom
• Court Decision

Answer 10

SOURCES OF LAW

Question 11

• Once the case has been decided one way, then another case involving the same question or point of law should be decided in the same manner.

Answer 11

STARE DECISIS

Question 12

• a mixture of Roman (civil law) and Anglo-American (common law) systems, customary usage, and Islamic law. The civil law operates in areas such as family relations, property, succession, contract and criminal law while statutes and principles of common law origin are evident in such areas as constitutional law, procedure, corporations law, taxation, insurance, labour relations, banking and currency.

Answer 12

PHILIPPINE LEGAL SYSTEM

Question 13

• Roman Law
• Body of rules and principles adopted to guide the Romans in the conduct or
• observance of their personal and official affairs
• Was dominated by ritualism “JUSQURITIUM”
• Was referred to as the civil law of Roman “JUS CIVILE”

* Anglican or Common Law
* Mohammedan Law

Answer 13

Three Prevailing Legal Systems

Question 14

Sources Of Law

the fundamental and supreme law of the land.

Answer 14

The Constitution

Question 15

Sources Of Law

including Acts of Congress, municipal charters, municipal legislation, court rules, administrative rules and orders, legislative rules and presidential issuances.

Answer 15

Statutes

Question 16

Sources Of Law

these have the same force of authority as statutes.

Answer 16

Treaties and Conventions

Question 17

Sources Of Law

Article 8 of the Civil Code of the Philippines provides that ___ decisions applying to or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines’. Only decisions of its Supreme Court establish jurisprudence and are binding on all other courts.

Answer 17

Judicial Decisions

Question 18

• Constitution fundamental law of the land
• Republic Acts enacted by Congress
• Ordinances passed by the local government units

Answer 18

HIERARCHY OF LAWS

Question 19

BRANCHES OF GOVERNMENT

• headed by the President enforces the laws
• through its regulatory agencies and departments, also issues rules that have the force and effect of law. Strictly, these are not laws but IMPLEMENTING RULES OR ADMINISTRATIVE REGULATIONS since they merely implement laws enacted by Congress.

Answer 19

Executive Branch

Question 20

BRANCHES OF GOVERNMENT

• (known as Congress) makes the laws.
• It is composed of:
• the House of Representatives not to exceed 250 representatives (unless otherwise provided by law)
• the Senate 24 senators who are elected at large

Answer 20

Legislative Branch

Question 21

BRANCHES OF GOVERNMENT

• interprets the laws through the Supreme Court and the lower courts established by Congress.
• This power includes the duty to settle actual controversies involving rights that are legally demandable and enforceable and to determine if any branch or instrumentality of government has acted with grave abuse of discretion amounting to lack of excess of jurisdiction.

Answer 21

Judicial Branch

Question 22

BRANCHES OF GOVERNMENT

• It exercises original jurisdiction (cases are directly filed with the ____ in the first instance without passing through any of the lower courts) over cases affecting ambassadors, other public ministers and consuls, and over petitions for certiorari, prohibition, mandamus, quo warranto, and habeas corpus. (Art. VIII, §5(1)).
• It exercises appellate jurisdiction to review, revise, reverse, modify, or affirm final judgments, and orders of the lower courts.

Answer 22

SUPREME COURT

Question 23

BRANCHES OF GOVERNMENT

• This’ principal mandate is to exercise appellate jurisdiction on all cases not falling within the original and exclusive jurisdiction of the Supreme Court.
• Its decisions are final except when appealed to the Supreme Court on questions of law.

Answer 23

Court of Appeals

Question 24

BRANCHES OF GOVERNMENT

• It has jurisdiction over criminal and civil cases involving graft and corrupt practices and such other offenses committed by public officers and employees, including those in government-owned or controlled corporations, in relation to their office as may be determined by law.
• Under R.A. No. 8249, to determine whether the ____ has jurisdiction, a person must look into two (2) criteria, namely, the nature of the offense and the salary grade of the public official.

Answer 24

SANDIGANBAYAN

Question 25

# BRANCHES OF GOVERNMENT * Through the enactment of Republic Act No. 9282, the jurisdiction of the _____ has been expanded to include not only civil tax cases but also cases that are criminal in nature, as well as local tax cases, property taxes and final collection of taxes. * Pursuant to the provisions of Republic Act No. 1125 and other laws prior to R.A. 9282, the ____ retains exclusive appellate jurisdiction to review by appeal.

Answer 25

COURT OF TAX APPEAL

Question 26

# BRANCHES OF GOVERNMENT Regional Trial Courts are also known as __ , which were established among the thirteen Judicial regions in the Philippines consisting of Regions I to XII and the National Capital Region (NCR)

Answer 26

SECOND LEVEL COURTS

Question 27

# BRANCHES OF GOVERNMENT are more commonly referred to as Metropolitan Trial Courts (MeTC), Municipal Trial Courts in Cities (MTCC), Municipal Trial Court (MTC), and Municipal Circuit Trial Courts (MCTC).

Answer 27

FIRST LEVEL COURTS

Question 28

# BRANCHES OF GOVERNMENT * are equivalent to the Regional Trial Courts in rank, which were established in certain provinces in Mindanao where the Muslim Code on Personal Laws is being enforced. * are the counterpart of the Municipal Circuit Trial Courts established in certain municipalities in Mindanao.

Answer 28

SHARI’A DISTRICT AND CIRCUIT COURTS

Question 29

# GENERAL PRINCIPLES * It is a branch of moral science which treats of the duties which an attorney/ lawyer owes to the court, to his client, to his colleagues in the profession and to the public.

Answer 29

**LEGAL ETHICS** ## Footnote Body of all principles of morality and refinement that should govern the conduct of every member of the bar

Question 30

# GENERAL PRINCIPLES * The 1987 Philippine Constitution * Applicable Jurisprudence * Code of Professional Responsibility * New Civil Code * Rules of Court * Revised Penal Code * Local Government Code

Answer 30

SOURCES OF LEGAL ETHICS

Question 31

# GENERAL PRINCIPLES * Passed the bar exam * Taken an oath * Registered in the roll of attorneys * Received a certificate of license to practice law from the Clerk of Court of the Supreme Court. * After Admission he/she must: - Remain an IBP member in good standing by regularly paying IBP dues and other assessments - Pay annual privilege tax - Observe the rules on proper ethics

Answer 31

A LAWYER

Question 32

# GENERAL PRINCIPLES * Citizen of the Philippines * Resident of the Philippines * At least 21 years old * Must successfully complete all prescribed courses * Production before the Supreme Court satisfactory evidence of: - Good moral character - No charges against him, involving moral turpitude, have been filed or are pending in any court in the Philippines

Answer 32

REQUIREMENTS FOR ADMISSION TO THE BAR

Question 33

# MEMBERS OF LEGAL PROFESSION An attorney retained by a party litigant, usually for a fee, to prosecute or defend his cause in court.

Answer 33

Counsel de parte

Question 34

# MEMBERS OF LEGAL PROFESSION Attorney appointed by the court. To defend an indigent defendant in a criminal action.

Answer 34

Counsel de officio

Question 35

# MEMBERS OF LEGAL PROFESSION Attorney whose name, together with his address, is entered in the record of the case as the designated counsel of the party litigant

Answer 35

Attorney at Record

Question 36

# MEMBERS OF LEGAL PROFESSION General term for a person trained in the law and authorized to advice and represent others in legal matters.

Answer 36

Lawyer

Question 37

# MEMBERS OF LEGAL PROFESSION Class of persons who are licensed officers of the courts empowered to appear, prosecute and defend.

Answer 37

Attorneys-at-law

Question 38

# MEMBERS OF LEGAL PROFESSION An agent whose authority is strictly limited by the instrument appointing him.

Answer 38

Attorney in fact

Question 39

# MEMBERS OF LEGAL PROFESSION Refers to legal profession.

Answer 39

Bar

Question 40

# MEMBERS OF LEGAL PROFESSION Refers to judiciary.

Answer 40

Bench

Question 41

# MEMBERS OF LEGAL PROFESSION An association of members of the legal profession like the IBP where membership is integrated or compulsory.

Answer 41

Bar Association

Question 42

Means an activity, in our out of court, which requires the application of law, legal procedure, knowledge, training and experience.

Answer 42

Practice of Law

Question 43

* To determine whether the conduct or act of a party is subject to the rules on legal ethics and thus can be regulated by the Supreme Court. * The Supreme Court has the power to control and regulate the practice of law. * Art. VIII, Sec. 5(5) of 1987 Constitution

Answer 43

ACTIVITY IS UNDER THE DEFINITION OF PRACTICE OF LAW

Question 44

* Authority to define that term * Prescribe qualifications of a candidate and the subjects of the bar exams * Decide who will be admitted to the practice * Discipline, suspend, or disbar any unfit or unworthy member of the bar * Reinstate any disbarred attorney * Ordain the integration of the Philippine Bar * Punish for contempt any person for unauthorized practice of law * Exercise overall supervision of the legal profession * Exercise any other power as may be necessary to elevate the standards of the bar and preserve its identity

Answer 44

SC POWER TO REGULATE PRACTICE OF LAW

Question 45

* Cases before the MTC * Before any other court * Criminal case before the MTC in a locality where a duly licensed member of the Bar is not available * Legal Aid Program * Before the NLRC or any Labor Arbiter * Before the Cadastral Court

Answer 45

NON-LAWYERS CAN PRACTICE LAW