Stat Con Finals PDF

I. Define/Interpret the following concepts/ legal For example, accidentally causing harm may not maxims accordingly: constitute a crime unless there is intent or culpable negligence. a. Statuto...

I. Define/Interpret the following concepts/ legal For example, accidentally causing harm may not maxims accordingly: constitute a crime unless there is intent or culpable negligence. a. Statutory Construction d. Generalia Specialibus Non Derogant Statutory construction refers to the process by which courts and legal professionals interpret and apply the This maxim means "General provisions do not text of statutes to specific legal cases. The goal is to override specific provisions." It is a principle of determine the legislature's intent and ensure that the statutory interpretation used when there is an statute is implemented consistently and justly. This apparent conflict between a general law and a process involves analyzing the literal meaning of the specific law. The specific law prevails as it directly text (plain meaning rule), considering the legislative addresses the issue in question, while the general history and context, and applying established rules of law applies more broadly. For instance, if a general interpretation, such as the principles of ejusdem traQic law permits vehicles to use a road but a generis or expressio unius est exclusio alterius. specific law restricts heavy trucks on that road, the Statutory construction helps resolve ambiguities, specific restriction takes precedence. avoid contradictions, and align the statute's application with its purpose. e. Lex Prospicit, Non Respicit This maxim translates to "The law looks forward, not b. Law backward," signifying that laws are generally Law is a set of rules, principles, and standards prospective, applying only to future actions unless established and enforced by a governing authority to stated otherwise. This principle prevents retroactive regulate behavior, maintain order, resolve disputes, legislation that could unfairly penalize individuals for and protect individual and collective rights. It actions that were lawful at the time they were includes various branches such as constitutional committed. Retroactive laws are typically viewed as law, criminal law, civil law, and administrative law. unjust unless they benefit individuals or are explicitly Law serves as a framework for justice and equity, authorized by the legislature. ensuring accountability and fairness within society. It evolves over time to reflect cultural, social, and technological changes. f. Ratio Legis Est Anima "The reason of the law is its soul." This principle highlights that the purpose or rationale behind a law c. Actus Non Facit Reum Nisi Mens Sit Rea is its guiding force. When interpreting a statute, This legal principle translates to "The act does not courts seek to understand its underlying intent and make a person guilty unless the mind is also guilty." It objectives, as these provide context and meaning. underscores the necessity of two elements for For example, if a law aims to protect public safety, criminal liability: interpretations that advance this goal align with the principle of ratio legis est anima. Actus Reus (the guilty act): A physical action or unlawful omission. g. Dura Lex Sed Lex Mens Rea (the guilty mind): The intent, knowledge, This Latin phrase means "The law is harsh, but it is recklessness, or negligence accompanying the act. the law." It emphasizes the principle that laws must be followed regardless of their severity or perceived unfairness. It reflects the idea that legal certainty and "Ignorance of fact excuses." This legal principle order depend on consistent application of the law, allows a person to be excused from liability if their even when individual circumstances evoke sympathy actions were based on a reasonable or calls for leniency. misunderstanding or lack of knowledge of a factual situation. For example, if someone unknowingly takes another's property believing it to be their own, they h. Ignorantia Legis Non Excusat may not be criminally liable due to ignorance of the fact. "Ignorance of the law excuses no one." This foundational principle of legal systems worldwide asserts that individuals cannot avoid legal liability by l. Nulla Poena Sine Lege claiming they were unaware of the law. It ensures that laws are applied equally, as allowing ignorance as a This maxim means "No penalty without a law." It defense would undermine enforcement. For establishes that no one can be punished for an act example, a person driving without a license cannot unless it was defined as a crime and prescribed a argue they did not know a license was required. penalty by law before the act occurred. It is a cornerstone of modern criminal justice, ensuring that individuals are not subject to arbitrary or retroactive i. Cassus Omissus punishment. For example, a person cannot be penalized for behavior that was not illegal at the time This principle, meaning "A case omitted," addresses it was performed. situations where a statute does not explicitly cover a particular issue or case. Courts typically refrain from II. Multiple Choice; Which one of the following is a filling in the gaps, as doing so would constitute non-self-executing provision of the Constitution: judicial legislation, which is beyond their authority. a. no law shall be passed abridging the freedom of The omission is presumed to be intentional unless it speech; clearly conflicts with the statute's purpose. For example, if a tax law does not mention digital assets, b. no law shall be made respecting an establishment courts cannot impose taxes on them unless the of religion; legislature amends the law. c. no person shall be held to answer for a criminal oQense without due process of law; j. Ejusdem Generis d. the state shall encourage and support researches and studies on the arts and culture This principle translates to "Of the same kind or class." It is a rule of statutory interpretation used when general words follow a list of specific items. The constitutional provision on initiative and The general words are understood to include only referendum is not self-executory. This is so items similar to the specific ones. For example, in a because it requires: statute that regulates "vehicles such as cars, trucks, and motorcycles," the term "vehicles" would likely a. an implementing resolution from the COMELEC; exclude items like airplanes or boats, as they are not b. an implementing resolution from the Supreme of the same class. Court; c. an implementing legislation; k. Ignorantia Facti Excusat d. an implementing resolution from the party-list representative of the House of Representatives.  Therefore, the exemption under RA 6426 should not apply in this situation, and the foreign currency III. What is the condition sine qua non before the deposit may be attached to serve justice and uphold courts can construe a statute? the victim’s rights. Before the courts can construe or interpret a statute, V. XXX was charged by ZZZ with the crime of libel a condition sine qua non is that there must be doubt committed through a computer system and other or ambiguity in its language. This principle asserts similar means, or online libel, as defined and that if a statute is clear and unambiguous, courts are penalized under Section 4(c)(4) of Republic Act No. required to apply it as it is written without engaging in (RA) 10175. interpretation. Interpretation is only warranted when the language of the statute does not clearly express The RTC found XXX guilty beyond reasonable the legislative intent or when it is susceptible to doubt for the said crime and imposed a fine of multiple meanings. 50,000 pesos based on Article 355 of the Revised Penal Code, which states: IV. Jannie Zins, an American tourist, was convicted of the crimes of serious illegal detention and four Art. 355. Libel by means of writings or similar counts of rape. The victim was a nine-year-old girl. means. With this conviction, the Court of Tabuknon City A libel committed by means of writing, printing, awarded moral damages in favor of the victim. lithography, engraving, radio, phonograph, However, the bank where Zins deposited his painting, theatrical exhibition, cinematographic foreign currency account refused to honor the writ exhibition, or any similar means, shall be of attachment issued by the court. The bank punished by prisión correccional in its minimum invoked Section 8 of RA 6426, as amended, which and medium periods or a fine ranging from Forty provides: thousand pesos (P40,000) to One million two hundred thousand pesos (P1,200,000), or both, in “Foreign currency deposits shall be exempt from addition to the civil action which may be brought attachment, garnishment, or any other order or by the odended party. process of any court, legislative body, government agency, or any administrative body whatsoever.” XXX did not appeal the conviction and simply paid the imposed fine. Can the dollar bank deposit in a Philippine bank of a foreign tourist be attached to satisfy the moral On the other hand, ZZZ filed a petition for certiorari damages awarded in favor of the victim? Why? with the CA, contending that the RTC committed grave abuse of discretion in imposing a penalty of Yes, the dollar bank deposit in a Philippine bank of a a fine only for the violation of online libel. Citing foreign tourist can be attached to satisfy the moral Section 6 of RA 10175, ZZZ argued that when damages awarded to the victim. crimes punishable under the Revised Penal Code Section 8 of RA 6426 provides that foreign currency (RPC), such as libel, are committed using deposits are generally exempt from attachment, information and communication technologies, the garnishment, or any court order. However, laws must penalty shall be one (1) degree higher than that be interpreted to avoid injustice or absurd outcomes. provided in the RPC. In this case, strictly applying the exemption would Thus, ZZZ asserted that the RTC should have result in denying the victim, a nine-year-old girl, the imposed the penalty of prisión correccional in its moral damages she is entitled to after suQering grave maximum period to prisión mayor in its minimum harm. Allowing the exemption would lead to injustice period instead of a fine only. and undermine the victim’s right to compensation. Is ZZZ correct? ZZZ is correct in asserting that the RTC committed Under Sec. 26 of Article VI of the Constitution, a law grave abuse of discretion by imposing only a fine for should only have one subject, which is included in the online libel violation. the title thereof. Section 6 of Republic Act No. 10175 (RA 10175), also Here’s the bill authored by Senator Alawi has two known as the Cybercrime Prevention Act of 2012, separate subjects named: (1) prohibition of explicitly states that crimes punishable under the discrimination on the basis of SOGIE and (2) same- Revised Penal Code (RPC), such as libel, when sex marriage. Combining two subjects in one will be committed using information and communication confusing, which the law generally avoids. technologies, shall be punished with a penalty one degree higher than that provided for the same crime in the RPC. VII. On the night of January 1, 2022, at about 10 o'clock, Boyong, who had retired for the night, was In this case, the RTC imposed a fine based on Article suddenly awakened by someone trying to force 355 of the RPC, which provides a penalty of open the door of his room. imprisonment or a fine ranging from P40,000 to P1,200,000 for libel committed through writing or He sat up in bed and called out twice, "Who is similar means. However, since the crime was there?" He heard no answer and, convinced by the committed through a computer system (online libel), noise at the door, believed it was being pushed the penalty should have been one degree higher, open by someone intent on forcing their way into which means the appropriate penalty is the room. imprisonment, either in its maximum period or Due to the heavy growth of vines along the front of higher, and not just a fine. the porch, the room was very dark. Fearing the ZZZ is correct in arguing that the RTC erred in its intruder was a robber or thief, Boyong leaped to his penalty. The penalty for online libel should be feet and shouted, "If you enter the room, I will kill imprisonment, as the law requires a higher penalty you." He then asked again, "Who is there?" when the crime is committed using information and XXX answered, "Gago, si XXX 'to! Dormmate mo, communication technologies. buksan mo ang pinto at gusto ko nang matulog!" VI. Senator Ivana Alawi authored a bill. During the Despite recognizing XXX's voice and knowing it First Reading, it was read by the proponent as: was his dormmate knocking on the door, Boyong "Senate Bill No. 123 - Prohibiting Discrimination on seized a common kitchen knife, which he kept the Basis of Sexual Orientation and Gender under his pillow, and struck out wildly at XXX. Identity or Expression (SOGIE) and Same-Sex XXX ran out onto the porch and fell down the steps Marriage." in a desperately wounded condition. Boyong, After the Second and Third Readings on separate realizing the gravity of the situation, immediately dates, it was forwarded to the House of sent XXX to the hospital. However, XXX Representatives. succumbed to his wounds and died instantly. If you are one of the members of the House of Boyong was charged with the crime of Murder but Representatives, how would you question the claimed it was a mistake of fact and, therefore, he passed bill? could not be convicted of the crime charged. As a member of the House of Representatives, I will Decide. question the bill’s title. Boyong should be convicted of murder because he recognized XXX’s voice and knew he was his dormmate, but still intentionally struck him with a distributed to each member three days before its knife. passage. Per the RPC, a mistake of fact can exempt a person 3. Every bill passed by the Congress shall, before it from liability if these requisites are met: becomes a law, be presented to the President. The executive approval and veto power of the President is 1. The mistake was honest and reasonable. the third important constitutional requirement in the 2. The act was done without criminal intent. mechanical passage of a bill. 3. There was no negligence in the act. IX. What is the rule when the word or phrase is In this case, Boyong’s actions do not meet these repeatedly used in a statute? requisites because he already knew it was XXX, his dormmate, yet still acted with force and struck him The general rule is that a word or phrase repeatedly with a knife. used in a statute will bear the same meaning throughout the statute. It will not be given a diQerent Boyong initially believed there was an intruder, but meaning but a general and consistent one. The court once he recognized XXX’s voice, the threat no longer will adopt an interpretation which is best with the existed. Striking XXX with a knife after identifying him manifest purpose of the statute or realizes its object. was intentional and not justified under a mistake of fact. Boyong cannot invoke the defense of mistake of fact, X. XXX filed an action for Mandamus, directing as his actions were unreasonable and intentional. Congress to pass a law authorizing President BBM Therefore, he can be convicted of murder. to impose and fix tarid rates for oil trade. VIII. What are the Constitutional Tests in the In his petition, he cited Section 28, Article VI of the Passage of the Bill? 1987 Philippine Constitution, which states: Three (3) very important constitutional requirements "The Congress may, by law, authorize the in the enactment of statute: President to fix within specified limits, and subject to such limitations and restrictions as it may 1. Every bill passed by Congress shall embrace only impose, tarid rates, import and export quotas, one subject which shall be expressed in the title tonnage and wharfage dues, and other duties thereof. The purposes of this constitutional within the framework of the national development requirements are: program of the Government." To prevent hodge-podge or log-rolling XXX further argued that the said Constitutional legislation; provision is mandatory in nature and must be To prevent surprise or fraud upon the implemented by Congress through the passage of legislature; and a law. To fairly apprise the people, through such publications of legislative proceedings as is Is XXX's petition correct? usually made, of the subjects of legislation XXX's petition is not correct. Congress is not required that are being considered, in order that they to pass a law authorizing the President to fix tariQ may have opportunity of being heard thereon rates. by petition or otherwise, if they shall so desire. Section 28, Article VI of the 1987 Philippine Constitution grants Congress the power to authorize 2. No bill passed by either House shall become law the President to fix tariQ rates but does not impose an unless it has passed three readings on separate days, obligation to do so. It states that "Congress may, by and printed copies thereof in its final form have been law, authorize the President..." The word "may" person’s life, liberty, or property is at stake. For indicates that it is within Congress's discretion example, in a murder case, the prosecution must whether or not to pass such a law. prove every element of the crime beyond reasonable doubt. This provision gives Congress the option to allow the President to set tariQ rates, but it does not force Congress to pass such a law. Therefore, Congress is XII. Kath and Niel filed a case for illegal dismissal not obligated to act. against ABS Corp before the NLRC. Both parties Since Congress has the discretion to decide whether submitted testimonial evidence to support their to pass the law, XXX’s petition is incorrect. respective claims regarding the existence of an employer-employee relationship. XI. Discuss the quantum of proof in Civil, Labor, Administrative and Criminal Proceedings? Kath and Niel presented testimonies from their co- workers detailing: The quantum of proof refers to the level of evidence required to establish a fact or resolve a case, and it 1. Their daily wages for their required hours of varies depending on the type of legal proceeding. work, 2. Respondents' constant supervision during In civil proceedings, the standard is preponderance work hours, and of evidence, meaning the evidence must show that it 3. The possibility of dismissal for failing to is more likely than not that the claim is true. This is report to work for three consecutive days. commonly used in disputes such as breach of contract, property issues, or torts. For example, in a On the other hand, ABS Corp submitted breach of contract case, the plaintiQ must prove that testimonies from their "former and current it is more probable than not that the defendant failed clients" and several local government odicials. to meet their obligations. These witnesses testified that Kath and Niel "only shared in the proceeds as stakeholders of the In labor proceedings, the standard is substantial Corporation" and were not engaged as employees. evidence, which means there must be enough relevant evidence that a reasonable person would Both parties ultimately odered the same type of accept as suQicient to support a conclusion. This evidence in support of their claims. The applies to cases like illegal dismissal or unfair labor respondents' testimonial evidence, sourced from practices. For instance, an employer must present "clients and several local government odicials," is substantial evidence to justify the dismissal of an at best, of equal weight with the petitioners' employee. evidence. Administrative proceedings also use the substantial Decide. evidence standard, requiring suQicient proof to justify The case should be decided in favor of Kath and Niel, a decision. This is typically applied in cases involving as the evidence supports the existence of an government oQicials, disciplinary actions, or employer-employee relationship with ABS Corp. licenses. For example, a public oQicial can be suspended if substantial evidence proves Under the Labor Code, all doubts in the interpretation misconduct. and application of its provisions must be resolved in favor of labor. In determining the existence of an In criminal proceedings, the highest standard of proof employer-employee relationship, factors such as is proof beyond reasonable doubt, meaning the control over the work, the payment of wages, and the evidence must leave moral certainty that the potential for dismissal must be considered. defendant is guilty, with no reasonable doubt remaining. This standard is applied in cases where a Testimonial evidence from employees regarding XIV. Diderentiate the Statutory Construction in these factors is deemed highly persuasive. Adoption and Probation Statutes Kath and Niel submitted testimonies from co-workers Statutory construction in Adoption and Probation that clearly demonstrated the presence of an statutes diQers due to their distinct purposes. employer-employee relationship, including evidence Adoption laws prioritize the best interest of the child, of regular wages, supervision by the employer, and focusing on child welfare and family integrity. Courts the threat of dismissal for failure to report to work. interpret adoption statutes broadly to ensure children ABS Corp, on the other hand, presented testimonies are placed in stable, loving homes, with careful from clients and local government oQicials, which attention to the rights of biological and adoptive merely suggested that Kath and Niel were parents. stakeholders and not employees. This evidence, In contrast, probation laws aim at the rehabilitation while relevant, does not outweigh the clear and direct of oQenders while ensuring public safety. Statutory evidence of the employer-employee relationship construction in probation focuses on balancing the provided by Kath and Niel. oQender’s rehabilitation with the need to protect Given the strength of Kath and Niel's evidence and society, interpreting eligibility, conditions, and the principle that labor laws favor workers in cases of violations with a focus on accountability and doubt, the claim of illegal dismissal should be reintegration. upheld, and ABS Corp should be held liable for the In summary, adoption statutes emphasize child unlawful termination of their employment. welfare and family stability, while probation statutes XIII. Diderentiate Repeal and Amendment focus on oQender rehabilitation and public protection. Repeal and amendment are two distinct processes used to modify or change laws, but they diQer in scope and eQect. Repeal refers to the complete removal or cancellation of a law, meaning the law is entirely nullified and ceases to exist within the legal framework. It typically happens when a law is considered outdated, ineQective, or unnecessary. Once a law is repealed, it is no longer in eQect. For example, a law banning certain food products might be repealed if it is deemed irrelevant. On the other hand, amendment involves modifying or changing specific provisions of a law without completely eliminating it. Amendments are made to update, improve, or correct a law while keeping it in force. This could involve adding, changing, or removing certain sections of a law. For instance, a constitutional amendment might change the voting age, or a tax law could be amended to include new deductions.