LEGAL ASPECTS MODULE 1

• Law 


  system of rules
• it is a norm of conduct or action


  law
• What are the characteristics of Law?

  Rules of Human Conduct

  Just and Obligatory

  Promulgated by competent authority

  Observed by all

  Taken seriously

  SALUS POPULI EST SUPREME LEX

  Careful Deliberation
• KINDS OF LAW

  1. substantive
  2. adjective
  3. public
  4. criminal
  5. international
  6. political
  7. private
  8. maritime
  9. civil
  10. mercantile
• it is the kind of law that treats personal and family relations of a person?

  civil law
• this is the kind of law of navigation and shipping?

  maritime law
• law that defines rights and obligations of individuals in society?

  criminal law
• law that deals with the organization and operations of the government?

  political law
• kind of law that creates, defines and regulated rights that governs how society are to behave?

  substantive law
• kind of law that assemblage of customes and practices governing business practices at the local, country or international level?

  mercantile law
• kind of law that is part of civil law legal system that is part of the jus commune involves relationships between individuals?

  private law
• it is the law that focuses on the organization of the govt., relation between states and its citizens?

  public law
• it is the law that regulates relations between nations?

  international law
• SOURCES OF LAW

  1. constitution
  2. legislation
  3. administrative or executive orders, regulations and rulings
  4. judicial decisions or jurisprudence
  5. custom
• it is the written instrument by which the fundamental powers of the govt. are established?

  constitution
• it is often referred to as the fundamental law or supreme law or highest law?

  constitution
• it is consists of competent authorirty's pronouncement of legal norms and it is referred to as enacted law or statutory law?

  legislation
• those issued by administrative authorities with legislative powers and meant to clarify the law and to carry out its main provision?

  administrative or executive orders, regulations and rulings
• decision of courts, particularly the supreme court?

  judicial decisions or jurisprudence
• consists of habits and practices which through long and uninterrupted usage have become acknowledge

  custom
• may be define as a combination of a state, local and international laws that control the different facets and functions in travel industry?

  tourism laws
• primary goal of tourism law is to provide a fair and equal environment for tourists, travelers and org.
• broad range of laws that apply primarily to restaurants, bars, accommodations etc.

  hospitality law
• A constitution marries power with justice

  constitutions as legal instruments
• constitution frequently strive to varied degrees, to reflect and influence society

  constitutions as social declarations
• a countries decision-making institutions are prescribed bythe constitutions; name the highest authority

  constitutions as political instruments
• Constitutional Commission completed the final draft on October 12,

  1986
• Constitutional Commission was ratified by a nationwide plebiscite on February 2, 1987
• ARTICLE 1: National Territory

  ARTICLE 2: Declaration of Principles and State Policies

  ARTICLE 3: Bill of Rights
• ARTICLE 4: Citizenship

  ARTICLE 5: Suffrage

  ARTICLE 6: The Legislative Dept.
• ARTICLE 7 : The Executive Dept.

  ARTICLE 8: The Judicial Dept.

  ARTICLE 9: Constitutional Commission
• ARTICLE 10: Local Government

  ARTICLE 11: Accountability of Public Officers

  ARTICLE 12: National Economy and Patrimony
• ARTICLE 13: Social Justice and Human Rights

  ARTICLE 14: Education, Science and Technology Arts, Culture and Sports

  ARTICLE 15: The Family
• ARTICLE 16: General Provisions

  ARTICLE 17: Amendments or Revisions

  ARTICLE 18: Transitory Provisions
• salus populi est supreme lex means "The welfare of the people is the supreme law"
• also called as doctrine of precedent or stare decisis


  judicial decisions or jurisprudence