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Questions and Answers
Which government entity is responsible for editing and publishing the Official Gazette?
Which government entity is responsible for editing and publishing the Official Gazette?
What is the purpose of publishing legislative acts and resolutions in the Official Gazette?
What is the purpose of publishing legislative acts and resolutions in the Official Gazette?
Which regions in the Philippines have the power to enact ordinances?
Which regions in the Philippines have the power to enact ordinances?
What is the territorial and political scope of local government ordinances?
What is the territorial and political scope of local government ordinances?
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What is the purpose of the 'general welfare clause' in the Local Government Code?
What is the purpose of the 'general welfare clause' in the Local Government Code?
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How long should ordinances with penal sanctions be posted at prominent places in the local government unit?
How long should ordinances with penal sanctions be posted at prominent places in the local government unit?
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Where should ordinances with penal sanctions be published?
Where should ordinances with penal sanctions be published?
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Who is responsible for transmitting official copies of ordinances to the Office Gazette?
Who is responsible for transmitting official copies of ordinances to the Office Gazette?
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When do ordinances with penal sanctions take effect?
When do ordinances with penal sanctions take effect?
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What action can be taken against a public officer or employee who violates an ordinance?
What action can be taken against a public officer or employee who violates an ordinance?
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Which type of court decision refers to decisions that mark a turning point as far as the appreciation and interpretation of laws are concerned?
Which type of court decision refers to decisions that mark a turning point as far as the appreciation and interpretation of laws are concerned?
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What is the term used to refer to decisions promulgated by the High Court that sets the tone for all other subsequent similar cases?
What is the term used to refer to decisions promulgated by the High Court that sets the tone for all other subsequent similar cases?
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Which type of court opinion is not directly relevant to the case in question but can be persuasive and indicates how a similar case could be decided?
Which type of court opinion is not directly relevant to the case in question but can be persuasive and indicates how a similar case could be decided?
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What is the term used to refer to the reason for the decision, the point which determines the judgment, and the principle which the case establishes?
What is the term used to refer to the reason for the decision, the point which determines the judgment, and the principle which the case establishes?
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Which term refers to the conclusiveness of an earlier decision as a settlement of its particular controversy but no longer an authoritative precedent for future cases?
Which term refers to the conclusiveness of an earlier decision as a settlement of its particular controversy but no longer an authoritative precedent for future cases?
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What is the term used to refer to the action of the Supreme Court on a lower court's judgment in the same particular controversy?
What is the term used to refer to the action of the Supreme Court on a lower court's judgment in the same particular controversy?
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Which type of court decision applies to a particular entity or situation only and may not be applied to other cases, no matter how similar they may be?
Which type of court decision applies to a particular entity or situation only and may not be applied to other cases, no matter how similar they may be?
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What is the term used to refer to decisions promulgated by the Supreme Court within the year the research is being made?
What is the term used to refer to decisions promulgated by the Supreme Court within the year the research is being made?
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Which type of court opinion is issued by the entire court and the point in issue is thought to be well-settled?
Which type of court opinion is issued by the entire court and the point in issue is thought to be well-settled?
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What is the term used to refer to decisions made by administrative agencies performing quasi-judicial functions?
What is the term used to refer to decisions made by administrative agencies performing quasi-judicial functions?
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According to the Civil Code, when do laws take effect?
According to the Civil Code, when do laws take effect?
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What is the effect of ignorance of the law according to the Civil Code?
What is the effect of ignorance of the law according to the Civil Code?
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According to the Administrative Code, which text controls in the interpretation of a law or administrative issuance?
According to the Administrative Code, which text controls in the interpretation of a law or administrative issuance?
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What is the general rule regarding the retroactive effect of laws according to the Civil Code?
What is the general rule regarding the retroactive effect of laws according to the Civil Code?
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According to the Administrative Code, when do laws have prospective effect?
According to the Administrative Code, when do laws have prospective effect?
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According to the Administrative Code, what happens when a law which expressly repeals a prior law is itself repealed?
According to the Administrative Code, what happens when a law which expressly repeals a prior law is itself repealed?
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According to the Administrative Code, what happens when a law which impliedly repeals a prior law is itself repealed?
According to the Administrative Code, what happens when a law which impliedly repeals a prior law is itself repealed?
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According to the Administrative Code, what is the effect of disuse, custom, or practice on the violation or non-observance of laws?
According to the Administrative Code, what is the effect of disuse, custom, or practice on the violation or non-observance of laws?
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According to the Civil Code, how are laws repealed?
According to the Civil Code, how are laws repealed?
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According to the Administrative Code, does ignorance of the law excuse non-compliance?
According to the Administrative Code, does ignorance of the law excuse non-compliance?
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True or false: Laws in the Philippines take effect after fifteen days following their publication in the Official Gazette, unless otherwise provided.
True or false: Laws in the Philippines take effect after fifteen days following their publication in the Official Gazette, unless otherwise provided.
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True or false: The Civil Code takes effect one year after its publication in the Official Gazette.
True or false: The Civil Code takes effect one year after its publication in the Official Gazette.
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True or false: Ignorance of the law excuses no one from compliance with it, according to the Civil Code.
True or false: Ignorance of the law excuses no one from compliance with it, according to the Civil Code.
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True or false: Laws have retroactive effect unless the contrary is provided, according to the Civil Code.
True or false: Laws have retroactive effect unless the contrary is provided, according to the Civil Code.
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True or false: Laws are repealed only by subsequent ones, and their violation or non-observance cannot be excused by disuse, custom, or practice to the contrary, according to the Civil Code.
True or false: Laws are repealed only by subsequent ones, and their violation or non-observance cannot be excused by disuse, custom, or practice to the contrary, according to the Civil Code.
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True or false: Laws in the Philippines have prospective effect unless the contrary is expressly provided, according to the Administrative Code.
True or false: Laws in the Philippines have prospective effect unless the contrary is expressly provided, according to the Administrative Code.
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True or false: In the interpretation of a law or administrative issuance promulgated in all the official languages, the English text shall control, unless otherwise specifically stated, according to the Administrative Code.
True or false: In the interpretation of a law or administrative issuance promulgated in all the official languages, the English text shall control, unless otherwise specifically stated, according to the Administrative Code.
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True or false: When a law which expressly repeals a prior law is itself repealed, the prior law is thereby revived unless expressly provided otherwise, according to the Administrative Code.
True or false: When a law which expressly repeals a prior law is itself repealed, the prior law is thereby revived unless expressly provided otherwise, according to the Administrative Code.
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True or false: When a law which impliedly repeals a prior law is itself repealed, the prior law is thereby revived unless the repealing law provides otherwise, according to the Administrative Code.
True or false: When a law which impliedly repeals a prior law is itself repealed, the prior law is thereby revived unless the repealing law provides otherwise, according to the Administrative Code.
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True or false: Ignorance of the law excuses no one from compliance with it, according to the Administrative Code.
True or false: Ignorance of the law excuses no one from compliance with it, according to the Administrative Code.
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True or false: The Official Gazette may publish ordinances with penal sanctions for archival and reference purposes.
True or false: The Official Gazette may publish ordinances with penal sanctions for archival and reference purposes.
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True or false: Case Law or Judicial Decisions are official interpretations or manifestation of law made by persons and agencies of the government performing judicial and quasi-judicial functions.
True or false: Case Law or Judicial Decisions are official interpretations or manifestation of law made by persons and agencies of the government performing judicial and quasi-judicial functions.
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True or false: Subordinate Decisions are decisions made by regularly constituted court of justice.
True or false: Subordinate Decisions are decisions made by regularly constituted court of justice.
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True or false: Landmark cases refer to decisions that mark a turning point as far as the appreciation and interpretation of laws are concerned.
True or false: Landmark cases refer to decisions that mark a turning point as far as the appreciation and interpretation of laws are concerned.
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True or false: Pro Hac Vice Decisions refer to a decision of the Supreme Court that applies to a particular entity or situation only and may not be applied to other cases, no matter how similar they may be.
True or false: Pro Hac Vice Decisions refer to a decision of the Supreme Court that applies to a particular entity or situation only and may not be applied to other cases, no matter how similar they may be.
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True or false: The Supreme Court's final decision has two effects: as an authoritative settlement of the particular controversy before it and as precedent for future cases.
True or false: The Supreme Court's final decision has two effects: as an authoritative settlement of the particular controversy before it and as precedent for future cases.
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True or false: Precedents refer to decisions promulgated by the High Court that sets the tone for all other subsequent similar cases.
True or false: Precedents refer to decisions promulgated by the High Court that sets the tone for all other subsequent similar cases.
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True or false: Regular Decisions and extended Resolutions of the Supreme Court have a certification from the Chief Justice after each decision is made.
True or false: Regular Decisions and extended Resolutions of the Supreme Court have a certification from the Chief Justice after each decision is made.
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True or false: Overrule is the action of the Supreme Court on a lower court’s judgment in the same particular controversy.
True or false: Overrule is the action of the Supreme Court on a lower court’s judgment in the same particular controversy.
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True or false: RATIO DECIDENDI refers to the reason for the decision, the point which determines the judgment, and the principle which the case establishes.
True or false: RATIO DECIDENDI refers to the reason for the decision, the point which determines the judgment, and the principle which the case establishes.
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True or false: The Official Gazette is published monthly in Filipino or in the English language.
True or false: The Official Gazette is published monthly in Filipino or in the English language.
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True or false: Ordinances enacted by local government units have national application.
True or false: Ordinances enacted by local government units have national application.
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True or false: The general welfare clause empowers local government units to enact and implement measures for the general well-being of their inhabitants.
True or false: The general welfare clause empowers local government units to enact and implement measures for the general well-being of their inhabitants.
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True or false: The Local Government Code of 1991 grants local government units the power to preserve and enrich culture, promote health and safety, and encourage scientific and technological capabilities.
True or false: The Local Government Code of 1991 grants local government units the power to preserve and enrich culture, promote health and safety, and encourage scientific and technological capabilities.
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True or false: Ordinances with penal sanctions must be posted at prominent places in the provincial capitol, city, municipal or barangay hall for a minimum period of two consecutive weeks.
True or false: Ordinances with penal sanctions must be posted at prominent places in the provincial capitol, city, municipal or barangay hall for a minimum period of two consecutive weeks.
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True or false: Violation of an ordinance may result in administrative disciplinary action against a public officer or employee.
True or false: Violation of an ordinance may result in administrative disciplinary action against a public officer or employee.
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True or false: Official copies of ordinances must be transmitted to the chief executive officer of the Office Gazette within fourteen (14) days following the approval of the ordinance.
True or false: Official copies of ordinances must be transmitted to the chief executive officer of the Office Gazette within fourteen (14) days following the approval of the ordinance.
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True or false: Decisions promulgated by the Supreme Court within the current year have authority as binding precedent for future cases.
True or false: Decisions promulgated by the Supreme Court within the current year have authority as binding precedent for future cases.
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True or false: Decisions promulgated by the Supreme Court that set the tone for all other subsequent similar cases are called landmark decisions.
True or false: Decisions promulgated by the Supreme Court that set the tone for all other subsequent similar cases are called landmark decisions.
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True or false: Local government ordinances have territorial and political scope only within the locality or territory of the local government unit that enacted them.
True or false: Local government ordinances have territorial and political scope only within the locality or territory of the local government unit that enacted them.
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Study Notes
Official Gazette and Legislative Acts
- The Official Gazette is edited and published by a designated government entity, ensuring transparency in government actions.
- The purpose of publishing legislative acts and resolutions in the Official Gazette is to provide public access to the laws enacted and resolutions adopted by the government.
Local Government Authority
- Several regions in the Philippines, including provinces, cities, municipalities, and barangays, have the authority to enact ordinances.
- Local government ordinances have a territorial and political scope, governing only within the specific local government unit that enacted them.
General Welfare Clause
- The 'general welfare clause' in the Local Government Code empowers local government units to enact measures aimed at promoting the health and well-being of their constituents.
Ordinance Posting and Publication
- Ordinances with penal sanctions must be posted in prominent places within the local government unit for a minimum of two consecutive weeks.
- These ordinances are required to be published in the Official Gazette to ensure public awareness.
Official Transmission of Ordinances
- The local government unit is responsible for transmitting official copies of ordinances to the Office of the Gazette within fourteen days after ordinance approval.
Ordinance Effectiveness
- Ordinances with penal sanctions take effect after their publication in the Official Gazette or after a specific period post-publication.
Violations and Consequences
- Public officers or employees found violating an ordinance may face administrative disciplinary actions, emphasizing accountability.
Court Decisions and Judicial Precedents
- Landmark decisions are those court rulings that critically alter the interpretation of laws and serve as guiding examples for future cases.
- Decisions from the Supreme Court that establish precedent for future similar cases are deemed precedential.
- Persuasive opinions from the court that do not directly apply to the current case can still influence similar future decisions.
- The term 'ratio decidendi' refers to the foundational reason behind a court's decision, shaping the outcome and establishing principles for future cases.
- Res Judicata refers to a prior decision conclusively resolving a specific controversy, which is not considered authoritative for future cases.
Legal Interpretation and Effectiveness
- Laws are considered effective fifteen days after publication unless a different provision specifies otherwise.
- Ignorance of the law does not excuse non-compliance, a principle upheld by both the Civil Code and the Administrative Code.
- In legal interpretation, the controlling text is generally the English version unless stated otherwise in the law or issuance.
Retroactivity and Repeal of Laws
- The general rule is that laws have no retroactive effect unless explicitly stated.
- When a law that expressly repeals another law is itself repealed, the repealed law is revived unless indicated otherwise.
- Similar revival occurs with implied repeal unless specified otherwise upon the repeal of the implying law.
Enforcement and Compliance
- Disuse or custom does not excuse non-observance of laws, reinforcing the necessity of adherence to enacted statutes.
- Laws can only be repealed by subsequent legislative enactments, emphasizing legislative authority.
True or False Statements
- Laws in the Philippines generally take effect after fifteen days of publication, unless specified otherwise.
- The Civil Code takes effect one year after its publication, but this is not the standard for all laws.
- Ignorance of law excuses no one from compliance, universally applicable according to the Civil Code and Administrative Code.
- Laws have retroactive effect only if stated explicitly; otherwise, they may be applied prospectively.
- Local government ordinances apply only within the jurisdiction of the respective local government unit that enacts them, emphasizing localized governance and jurisdictional boundaries.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
Test your knowledge on the effectivity of laws with this quiz. Explore the Civil Code Article 2 and discover the timeframe for laws to take effect. Learn about the exceptions to this rule and understand the importance of compliance with the law.
