Podcast
Questions and Answers
What is law?
What is law?
A rule of conduct formulated and made obligatory by the legitimate power of the state.
The principle that the health of the people should be the supreme law is known as 'Salis Populi est _____'.
The principle that the health of the people should be the supreme law is known as 'Salis Populi est _____'.
Suprema Lex
Which of the following is NOT an element of law?
Which of the following is NOT an element of law?
Natural law includes moral and divine law.
Natural law includes moral and divine law.
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Match the following types of law with their descriptions:
Match the following types of law with their descriptions:
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What are the stages of passage of a bill in legislative power?
What are the stages of passage of a bill in legislative power?
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The part of a statute that states the authority by which the act is enacted is the _____ clause.
The part of a statute that states the authority by which the act is enacted is the _____ clause.
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What is contained in the body of a statute?
What is contained in the body of a statute?
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The title of a bill can contain multiple subjects.
The title of a bill can contain multiple subjects.
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What is law?
What is law?
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Which of the following is NOT an element of law?
Which of the following is NOT an element of law?
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What does 'salis populi est suprema lex' mean?
What does 'salis populi est suprema lex' mean?
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Which of the following classifications of law relates to the relationship between individuals and the government?
Which of the following classifications of law relates to the relationship between individuals and the government?
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What is the primary function of administrative law?
What is the primary function of administrative law?
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What is the first step in the legislative process for passage of a bill?
What is the first step in the legislative process for passage of a bill?
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Every bill should embrace more than one subject.
Every bill should embrace more than one subject.
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What is included in the body of a statute?
What is included in the body of a statute?
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What does a separability clause do?
What does a separability clause do?
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Study Notes
Law Defined
- A rule of conduct formulated and made obligatory by the legitimate power of the state
- Must be followed by all Filipinos
- Just and applied equally to all individuals, including citizens and foreigners
- Obligatory, not a suggestion, thus the purpose of penalties
- Prescribed by a legitimate authority, such as the government
- Ordained for the common good: "Salis Populi est Suprema Lex" meaning "The health [welfare, good, salvation, felicity] of the people should be the supreme law"
Classification of Law
Natural Law
- Physical Law: Universal rule of action governing the conduct and movement of non-free and material things
- Moral Law: Rules establishing right and wrong based on human conscience, inspired by eternal law.
- Divine Law: Divine Positive/Human Law
Positive Law
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Public Law:
- Constitutional Law: Fundamental law of the land, defines government powers.
- Administrative Law: Fixes organization, competency of authorities, and regulates government function performance.
- International Law: Regulates the community of nations.
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Private Law:
- Substantive Private Law: Declares legal relations of litigants in court cases.
- Procedural or Adjective Private Law: Outlines methods for setting the courts in motion, presenting facts, and implementing judgments.
Sources of Law
- Legislation
- Precedents/Jurisprudence
- Customs
- Court Decisions
Legislative Power: Passage of a Bill
- Introduce Bill: Must cover only one subject, which must be expressed in the title.
- 1st Reading: Bill's number and title are read, referred to a committee for study.
- 2nd Reading: The bill is read in full, scrutinized, debated, and amended.
- 3rd Reading: Members register their votes and may explain them.
- Sent to Other Chamber: Goes through the same 3 readings as in the originating chamber.
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Submitted to the President:
- President signs the bill.
- President doesn't sign the bill.
- President vetoes the bill.
Parts of a Statute
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Title:
- Every bill must cover only one subject, which is expressed in the title.
- Titles should be literally construed.
- If the title doesn't conform to the constitutional requirement or is unrelated to the subject matter, the statute may be null and void.
- Enacting Clause: States the authority by which the act is enacted, typically following the title.
- Preamble: Introductory statement or explanation, explaining the purpose, reason, or occasion for making the law.
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Body: The actual subject matter of the statute.
- Exceptions: Exempt something that would normally fall under the general wording of the statute.
- Provisos: A clause added to restrain or qualify the generality of the language that follows.
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Clauses:
- Interpretative Clause: Defines the legislature's language or prescribes rules for its construction; example is Section 56 of RA 1199, which states doubts should be resolved in favor of tenants.
- Separability Clause: States that if any provision of the Act is declared invalid, the rest remain unaffected; creates a presumption of separation rather than complete nullity of the statute. However, if parts are mutually dependent, the nullity of one part may invalidate the rest.
- Repealing Clause: States that the Act repeals prior law on the same subject.
Law
- A rule of conduct formulated and made obligatory by legitimate power of the state
- Must be just and apply to all
Elements of Law
- Rule of conduct: applicable to all citizens
- Just: applied equally to everyone, including foreigners
- Obligatory: mandatory, backed by penalties; not a suggestion or recommendation
- Prescribed by legitimate authority: government
- Ordained for the common benefit: "Salus Populi est Suprema Lex" - the well-being of the people should be the supreme law
Classification of Law
-
Natural Law: Universal rules that govern the conduct and movement of things
- Physical Law: governs non-free and material things
- Moral Law: dictates right and wrong, guided by human conscience and eternal law
- Divine Law: divinely inspired and codified, often in religious texts
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Positive Law: Law created and enforced by human institutions
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Public Law: governs the relationship between individuals and the state
- Constitutional Law: defines government powers
- Administrative Law: regulates government operations and administrative authorities
- International Law: governs relationships between nations
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Private Law: governs relationships between individuals
- Substantive Private Law: defines legal relationships in legal disputes
- Procedural Private Law: outlines procedures for bringing legal action
-
Public Law: governs the relationship between individuals and the state
Sources of Law
- Legislation: laws passed by the state or parliament
- Precedents/Jurisprudence: decisions of courts
- Customs: long-standing practices recognized as binding
- Court Decisions: interpretations of law by courts
Legislative Power: Passage of a Bill
- Introduce Bill: must address only one subject clearly stated in the title
- First Reading: Bill's number and title are read and referred to the relevant committee
- Second Reading: Bill is read in full, debated, and potentially amended
- Third Reading: Members vote on the bill
- Sent to Other Chamber: The bill goes through the same process in the other legislative chamber (e.g., Senate or House)
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Submitted to the President:
- President signs the bill: Bill becomes law
- President fails to sign the bill: Bill becomes law after a specific timeframe
- President vetoes the bill: Bill is rejected
Parts of a Statute
- Title: Must clearly state the subject matter of the law
- Enacting Clause: Indicates the authority by which the law is enacted
- Preamble: Explains the purpose, reasons, or background for the law
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Body: Contains the main content of the law, outlining its provisions
- Exceptions: Exemptions from the general rules of the statute
- Provisos: Qualify or limit the scope of the general language in a statute
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Clauses:
- Interpretative Clause: Defines the meaning of specific terms or directs how the law should be interpreted
- Separability Clause: States that if parts of the law are deemed invalid, the remaining parts should still be valid
- Repealing Clause: Indicates that previous laws are replaced or voided by the new law
General Rules for Statute Titles
- Every bill must address only one subject, clearly stated in the title
- Titles should be interpreted literally
- A title that doesn't conform to the constitutional requirements or relate to the subject matter may invalidate the entire law
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Description
This quiz explores the foundational concepts of law, including its definition, classification, and the various types of laws in the Philippines. Understand the difference between natural and positive law as well as their implications for society. Test your knowledge on how these laws function and their importance for maintaining order and justice.
