Legal Principles and Judicial Decisions

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Questions and Answers

What happens when a provision of a subsequent law is incompatible with those of an earlier law?

The law may be hard, but it is still the law

The courts must resolve the incompatibility (correct)

The earlier law is automatically repealed

The provision of the subsequent law is ignored

What is the role of the judicial department in lawmaking?

To interpret laws (correct)

To amend laws

To repeal laws

To enact laws

Where do judicial decisions applying or interpreting laws or the Constitution form part of?

The lawmaking process

The executive system

The legislative system

The legal system of the Philippines (correct)

What is the 'doctrine of stare decisis'?

A doctrine that ensures adherence to judicial precedents Signup and view all the answers

What is the primary duty of a judge according to the text?

To apply the law, regardless of personal opinions Signup and view all the answers

What is the ruling in PEOPLE v. AMIGO?

Sympathy for the accused is not a valid plea Signup and view all the answers

What is the remedy for an unjust law according to the text?

Amendment of the law by the legislative Signup and view all the answers

What is the Latin phrase that means 'the law is hard, but it is still the law'?

Dura lex sed lex Signup and view all the answers

What is the reasoning behind the necessity of publication of laws?

To provide a basis for the application of the maxim 'ignorantia legis non excusat' Signup and view all the answers

What is the doctrine referred to in the TENADA v. TUVERA case?

Doctrine of Processual Presumption Signup and view all the answers

What is the purpose of EO No. 200?

To amend Section 2 of the Civil Code Signup and view all the answers

What is the consequence of not publishing a law according to the Court?

It would be the height of injustice to punish a citizen for transgressing the law Signup and view all the answers

What is the main difference between ignorance of law and ignorance of fact?

Ignorance of fact is a valid excuse, while ignorance of law is not Signup and view all the answers

What is the purpose of publication of laws in the Official Gazette?

To provide a constructive notice to citizens of the existence of the law Signup and view all the answers

What is the effect of not publishing a law in the Official Gazette?

The law is considered invalid Signup and view all the answers

What is the maxim 'ignorantia legis non excusat'?

Ignorance of the law is no excuse Signup and view all the answers

What is the basis for the repeal of a law?

Subsequent laws Signup and view all the answers

What is the principle that guides the judge in applying the law when there is doubt in its interpretation?

The principle of right and justice Signup and view all the answers

What is the effect of a law being declared inconsistent with the Constitution?

The former shall be void and the latter shall govern Signup and view all the answers

What is the principle that states that there is no crime when there is no law punishing it?

Nullum crimen, nulla poena sine lege Signup and view all the answers

What is the purpose of the doctrine of stare decisis?

To promote consistency in judicial decisions Signup and view all the answers

What is implied repeal?

Repeal of a law when it is inconsistent with a subsequent law Signup and view all the answers

What is the duty of a judge when faced with a silent, obscure, or insufficient law?

To interpret the law in the best way possible Signup and view all the answers

What is the principle that guides the application of administrative or executive acts?

They shall be valid only when they are not contrary to the laws or the Constitution Signup and view all the answers

Study Notes

Hierarchy of Laws

A subsequent law is incompatible with an earlier law only if there is no express repeal and there is doubt.
The law may be hard, but it is still the law ("dura lex sed lex").

Judicial Decisions

Judicial decisions applying or interpreting the laws or the Constitution are part of the legal system of the Philippines.
The judicial department has no power to enact laws, as that is the exclusive province of the legislative department.

Doctrine of Stare Decisis

The doctrine of stare decisis means that when the Court has once laid down a principle of law, it will adhere to that principle and apply it to all future cases where the facts are substantially the same.
The doctrine enforces adherence to judicial precedents, but does not mean blind adherence; if the doctrine is found to be contrary to law, it should be abandoned.

Application of Laws

No judge or court shall decline to render judgment by reason of the silence, obscurity, or insufficiency of the laws.
In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail.

Repeal of Laws

Laws are repealed in two ways: express and implied repeal.
Express repeal is that contained in a special provision of a subsequent law.
Implied repeal takes place when the subsequent law is inconsistent with the earlier law.

Administrative Acts

Administrative or executive acts, orders, and regulations are valid only when they are not contrary to the laws or the Constitution.

Publication of Laws

Publication is necessary for the application of the maxim "ignorantia legis non excusat" (ignorance of the law is no excuse).
Publication must be effected in the Official Gazette, as ruled in the TENADA v. TUVERA case.
EO No. 200 was passed by President Corazon Aquino on June 18, 1987, amending Sec. 2 of the Civil Code.

Doctrine of Processual Presumption

In the absence of proof, our courts will presume that the foreign law is the same as our local or domestic or internal law.
This is known as the doctrine of processual presumption.

Ignorance of Law vs. Ignorance of Fact

Ignorance of the law is no excuse to defend an action, whereas ignorance of fact may excuse a party from legal consequences of his conduct.

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Description

This quiz covers the principles of law, specifically the provision of subsequent laws and judicial decisions applying or interpreting laws or the Constitution.