MT LAWS: INTRO TO LAW

• Philippine legal system basics:

  • Understand the basics of the Philippine legal system
  • Understand the concepts of law
• Separation of powers/checks and 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
  • Legislative power: power to make laws
  • Executive power: power to enforce laws
  • Judicial power: power to interpret laws
• Legislative branch:

  • Article VI of 1987 Philippine Constitution states that the Legislative power shall be vested in the Congress of the Philippines consisting of a Senate and a House of Representatives
  • The Philippine Congress has 2 chambers: Senate (upper house) and House of Representatives (lower house)
  • Senate has a Senate President and 24 senators
  • House of Representatives has a Speaker of the House and not more than 250 representatives
  • Legislative Powers of Congress: propose, enact, amend, repeal statutes
• Executive branch:

  • Article VII of 1987 Philippine Constitution states that the executive power shall be vested in the President of the Philippines
  • The President is the head of state, leader of the national government, and Commander-in-chief of all Armed Forces of the Philippines
  • President serves a 6-year term and is not eligible for any reelection
  • Vice-President and Cabinet Secretaries are part of the executive branch
• Judicial branch:

  • Article VIII of 1987 Philippine Constitution states that the judicial power shall be vested in one Supreme Court and lower courts as may be established by law
  • Judicial power includes settling actual controversies and determining grave abuse of discretion by any branch of the government
  • Supreme Court is the only constitutional court in the Philippines, headed by a Chief Justice with 14 Associate Justices
  • Judicial review is used to test the validity of executive and legislative acts for conformity with the Constitution
• Definition of law:

  • Law is a rule of conduct, just and obligatory, laid down by legitimate authority for common observance and benefit
  • Sources of law include the Constitution, jurisprudence, customs and tradition, legislation, and international laws and customs
• How a bill becomes a law:

  • A lawmaker files a bill
  • Bill goes through first reading, second reading, and third reading in Congress
  • Once passed by both chambers, the enrolled bill is transmitted to the President for consideration
  • The President can sign and pass the bill, veto the bill, or pocket veto the bill
• Parts of a statute (Republic Acts):

  • Title: general subject matter of the legislative measure
  • Enacting clause: declares the source of the promulgation
  • Body: contains the provisions of the law
  • Proviso: provides for a qualification to the operation of a particular provision of law
• Title of RA 5527: Philippine Medical Technology Act of 1969
• Enacting Clause: "Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled"
• Proviso in Section 12: Removal of Board Members

  • Board members may be removed by the President of the Philippines for neglect of duty, incompetency, malpractice, or unprofessional, unethical, immoral, or dishonorable conduct
  • President has the power to suspend a member under investigation and appoint a temporary member
• Repealing Clause: All laws, decrees, executive orders, rules, and regulations inconsistent with the provisions of this Act are hereby repealed, amended, or modified accordingly
• Separability Clause: 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
• Date of Effectivity: Specifies the date when the law will take effect or after 15 days following its publication in the Official Gazette or a newspaper of national circulation
• Administrative Cases:

  • Penalties include reprimand, suspension, dismissal
  • Proof needed: substantial evidence
  • Due process involves notice and hearing, preventive suspension
• Civil Cases:

  • Penalties include damages (moral, nominal, etc.), fees/cost, restriction of rights
  • Proof needed: preponderance (superior weight) of evidence
• Criminal Cases:

  • Felonies are prosecuted by the State for acts or omissions punishable by law
  • Penalties include imprisonment, damages, restriction of rights, fees/cost
  • Proof needed: proof of guilt beyond reasonable doubt
• Types of Damages:

  • Actual or compensatory
  • Moral
  • Exemplary or corrective
  • Liquidated
  • Temperate
  • Nominal
• Parts of a Court Decision (Civil Case) in Garcia v. Salvador:

  • Petitioner is the party who petitioned the Supreme Court
  • Respondent is the party being sued or tried
  • G.R. (General Register) number identifies the case
  • Ponente (opinion writer) writes the opinion of the Court
  • Dissenting opinion, Separate opinion, Concurring opinion
• Principals in Crimes:

  • Direct participation
  • Induction/inducement
  • Indispensable cooperation
• Accomplices:

  • Cooperate in the execution by previous or simultaneous acts, intending to give material and moral aid
• Accessories:

  • Have knowledge but no participation, take part only after the commission of the crime
• Persons Criminally Liable for Felonies:

  • Suffering inflicted by the State for the transgression of a law
  • Capital and Afflictive Penalties
  • Correctional and Light Penalties
• Penalties:

  • Reclusion Perpetua: 20 years and 1 day to 40 years
  • Reclusion Temporal: 12 years and 1 day to 20 years
  • Prision Mayor: 6 years and 1 day to 12 years
  • Prision Correccional: 6 months and 1 day to 6 years
  • Arresto Mayor: 1 month and 1 day to 6 months
  • Arresto Menor: 1 day to 30 days