Nature and History of Law in the Philippines
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Questions and Answers

Which branch of ethics focuses on the meaning of ethical terms and the nature of moral judgments?

  • Applied ethics
  • Metaethics (correct)
  • Descriptive ethics
  • Normative ethics

    • Customary law is BEST described as:

  • A set of laws enacted by a legislative body.
  • Legal principles derived from long-standing traditions and practices within a community. (correct)
  • A system of laws based on religious doctrine.
  • Laws that is based on philosophers' idea.

    • What is the primary distinction between substantive and procedural law?

  • Substantive law deals with criminal cases, while procedural law deals with civil cases.
  • Substantive law defines rights and duties, while procedural law governs the process of enforcing those rights. (correct)
  • Substantive law is enacted by the legislative branch, while procedural law is determined by the judicial branch.
  • Substantive law applies to federal courts, while procedural law applies to state courts.

    • Natural law theory posits that legal systems should be grounded in:

    <p>Universally recognized moral principles and human reason. (A)</p> Signup and view all the answers

    Which of the following BEST describes the role of ethics?

    <p>A code of conduct recognized in respect to a particular class or group of human actions or a particular culture. (A)</p> Signup and view all the answers

    Which characteristic distinguishes legal rules from those of other organizations like churches or labor unions?

    <p>Only <em>legal institutions</em> within the society can make rules, regulations. (C)</p> Signup and view all the answers

    What is a key aspect of 'due process' before the law 'operates' against an individual?

    <p>A series of required procedural steps. (A)</p> Signup and view all the answers

    Which of the following courts has the highest authority in the regular court system?

    <p>Supreme Court (B)</p> Signup and view all the answers

    The Sandiganbayan is an example of what type of court?

    <p>Special court (D)</p> Signup and view all the answers

    What distinguishes quasi-judicial agencies from regular courts?

    <p>They perform functions that involve settling or adjudicating disputes. (D)</p> Signup and view all the answers

    Which type of law defines rights and duties, whether public or private?

    <p>Substantive law (D)</p> Signup and view all the answers

    What is the primary focus of adjective law?

    <p>Prescribing procedures for enforcing rights. (B)</p> Signup and view all the answers

    International law falls under which classification of law?

    <p>Public law (C)</p> Signup and view all the answers

    Which characteristic primarily distinguishes Divine Law from other types of law?

    <p>Its concern with sin and salvation, emanating from direct revelation. (D)</p> Signup and view all the answers

    How does Natural Law influence the creation and interpretation of State Law?

    <p>It offers a reasonable basis for the principles and content found within State Law. (B)</p> Signup and view all the answers

    In what primary aspect does Moral Law differ from State Law regarding enforcement?

    <p>State Law utilizes definitive legal punishments, whereas Moral Law lacks a concrete, legal penalty. (C)</p> Signup and view all the answers

    What is the basis for determining what is considered right or wrong under Moral Law?

    <p>Evolving mores or ways of life deemed correct by a community. (C)</p> Signup and view all the answers

    Which type of law is considered universally binding at all times?

    <p>Natural Law (B)</p> Signup and view all the answers

    Divine law is to religion and faith, as natural law is to:

    <p>Human reasoning and behavior (B)</p> Signup and view all the answers

    Which of the following laws is formally promulgated?

    <p>Divine Law (B)</p> Signup and view all the answers

    Which of the following laws is NOT promulgated enforced by the state?

    <p>Divine Law (B)</p> Signup and view all the answers

    Flashcards

    Legal Institutions

    Organizations authorized to make rules that all citizens must follow.

    Due Process

    Procedural steps required before law operates against an individual.

    Substantive Law

    Part of law defining rights and duties; can be public or private.

    Adjective Law

    Law that prescribes how rights are enforced and violations remedied.

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    Public Law

    Regulates relationships between the state and individuals.

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    Private Law

    Regulates relationships between individuals for private ends.

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    Regular Courts

    Standard judicial bodies like the Supreme Court and Appeals Court.

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    Quasi-Judicial Agencies

    Organizations that settle disputes but are not formal courts.

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    Law

    A system of rules regulating community conduct, enforced by authority.

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    Divine Law

    Religious law concerning sin and salvation, revealed by God.

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    Natural Law

    Universal principles governing moral conduct, recognized by reasoning.

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    Moral Law

    Norms of right conduct based on community consensus of right and wrong.

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    State Law

    Law promulgated and enforced by the state authority.

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    Binding Force of Natural Law

    Natural law is considered binding on all men at all times, universally applicable.

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    Sanction of Divine Law

    Rewards or punishments in this life or afterlife as enforcement for divine law.

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    Moral Law Sanction

    No definite legal sanction for violations; obedience is socially expected.

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    Customary Law

    Laws that develop from long-standing practices and customs of a group.

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    Procedural Law

    Law that outlines the steps or procedures to enforce legal rights.

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    Ethics

    The study of what is right and wrong in human conduct.

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    Study Notes

    Nature and History of Law in the Philippines

    • Law is any rule of action or system of uniformity regulating community conduct, often enforced through penalties by a controlling authority.
    • Law is categorized into two main divisions:
      • Law not promulgated and enforced by the state (Divine law, Natural law, Moral law, Physical law)
      • Law promulgated and enforced by the state (State law)

    Divine Law

    • Divine law is the law of religion and faith, focusing on sin and salvation.
    • Source: Formally promulgated by God, revealed through direct revelation.
    • Sanction: Assurance of rewards and punishments, either in the present life or the afterlife.

    Natural Law

    • Natural law is a divine inspiration in man concerning justice, fairness, and righteousness, not through revelation but through internal dictates.
    • It is a set of universal truths, principles, and rules governing moral human conduct.
    • Binding force: Ever present and binding on all men everywhere and at all times.
    • Compared to divine law: Divine law relates to specific religious and faith while natural law possesses intrinsic values that govern human behavior.
    • Place in state law: Natural law is considered a reasonable basis for state law.

    Moral Law

    • Moral law comprises the totality of norms for good and right conduct, emerging from the collective sense of right and wrong within a community.
    • Determination of right and wrong: Morals or ways of life considered right and correct, creating duties within the group.
    • Sanction: Moral law lacks a definite, legal sanction for violations.
    • Binding force: Not absolute, varying with changing times, conditions, and convictions of the people.
    • Place in state law: Moral law greatly influences state law.

    Physical Law

    • Physical law refers to uniformities of actions and orders of sequence in nature, the physical phenomena we experience.
    • Order of regularity in nature: Laws of physical sciences describe predictable relations between objects or events, which are regular but cannot disobey.
    • Called law only by analogy: The order or regularity in nature is similar to the concept of law in social context.

    State Law

    • State law is law that is promulgated and enforced by the state.
    • It addresses obligations, contracts, marriage, administration of justice, and the conduct of elections.
    • Other terms for state law: Positive law, municipal law, civil law, or imperative law.
    • Binding force: Only state law is enforced by the state and with the aid of its physical force if necessary.
    • Concern of state law: Only considers violations of laws that are also state-promulgated and enforced, unless they also violate other commands of the state.

    Concepts of State Law

    • State law represents the mass of obligatory rules established within a society for governing relations among people.
    • It is a rule of conduct, just, obligatory, promulgated by legitimate authority, and observed commonly for the benefit of the society and its members.

    Characteristics of Law

    • Law is a rule of conduct, telling people what to do and what not to do.
    • Law imposes obligations that need to be obeyed, often with penalties for non-compliance.
    • Law is created and promulgated by legitimate authority, like the legislature in the Philippines.
    • Law is intended to benefit society, promoting harmony and a possible existence among people.

    Sources of Laws

    • Constitution: Highest law; all other laws must conform to it.
    • Legislation: Predominant source; includes acts of the legislature (statue laws) and ordinances enacted by local government units.
    • Administrative/Executive orders, regulations, rulings: Clarify or explain laws and carry their provisions into effect.
    • Judicial decisions (jurisprudence): Rulings of courts, specifically Supreme Court decisions, which bind other courts; their rulings are considered the "law."
    • Custom: Norms, traditions, and customs of local communities.
    • Other sources: Principles of justice and equity, foreign tribunal decisions, scholarly opinions, and religion (supplementary).

    Rule in Cases of Doubt in Interpretation or Application of Law

    • Courts should render judgment even if the law is silent or unclear on a particular matter.
    • In cases of doubt, courts should presume the law-making body intended right and justice.
    • Courts should prioritize justice and fairness over strict interpretations of the law especially in cases affecting life, liberty, or property and when those affected are disadvantaged.

    Organs of Social Control

    • Law is a tool for social control, regulating behavior that impacts others in a society.
    • Legal institutions include national and local courts, administrative bodies, and other organizations like churches, corporations, political parties, trade associations, schools, labor unions, professional organizations, and families, these influence behavior.

    Law Compared to Other Means of Social Control

    • Only legally authorized authorities can create and enforce rules and regulations throughout a society.
    • Individuals can usually terminate their relationship with organizations by separating from the organization.
    • Legal sanctions are more complex and varied compared to techniques of control within organizations like churches, labor unions, and political parties.
    • Due process of law is necessary before any sanctions or legal action is taken against an individual.

    Organizations of Courts

    • Regular Courts: Supreme Court, Court of Appeals, Regional Trial Court.
    • Regular Courts: Metropolitan Trial Court, Municipal Circuit Trial Court, Municipal Trial Court, Shari'a District Courts, and Shari'a Circuit Courts.
    • Special Courts: Sandiganbayan, Court of Tax Appeals.
    • Quasi-judicial agencies: Agencies involved in resolving disputed issues or conflicts that may involve certain legal procedures.

    Classification of Laws

    • Substantive Law: Creates, defines, and regulates rights and duties within a community (can be public or private).
    • Adjective Law: Determines how rights are enforced and how violations are addressed.
    • Public Law: Governs relations between the state and individuals.
    • Private Law: Regulates relations among individuals for private ends.

    Definition of Law on Obligations and Contracts

    • Law on Obligations and Contracts: Governs the nature, sources, and arising rights and duties in contracts within the jurisdiction. Civil Code of the Philippines: Comprehensive body of laws that governs private relationships in the Philippines. Organized into four books:

    • Persons and Family Relations

    • Property

    • Obligations and Contracts

    • Succession Conclusive presumptions of knowledge of the law: Ignorance of law is not a valid excuse. Reasons for presumption: Impossibility to claim ignorance of law and enforce it on others, laws need to be enforced before being known.

    Presumption of Knowledge of Law

    • Everyone is presumed to know the law.
    • It is assumed that everyone, whether or not they have knowledge of the law, are still obligated to abide by the law.

    Branches of Ethics

    • Meta-ethics: Examines the fundamental philosophical questions of ethical theories.
    • Normative ethics: Studies what makes actions, situations, and individuals virtuous or vicious.
    • Descriptive ethics: Describes and explains people's moral attitudes and societal moral norms.
    • Applied ethics: Investigates how ethical theories and principles apply to real-life situations.

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    Nature and History of Law in the Philippines PDF

    Description

    Explore the fundamental concepts of law as it pertains to the Philippines, including divine and natural law. This quiz delves into the sources, sanctions, and binding forces of these legal categories. Test your understanding of how law regulates community conduct and its enforcement mechanisms.

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