2024 Philippine Normal University Law Related Studies Course Reviewer PDF

PHILIPPINE NORMAL UNIVERSITY LAW RELATED STUDIES COURSE REVIEWER1 SCOPE OF THE EXAMS: 1) Introductions & Constitution 2) Family Code, including support in relation to the VAWC 3) Labor...

PHILIPPINE NORMAL UNIVERSITY LAW RELATED STUDIES COURSE REVIEWER1 SCOPE OF THE EXAMS: 1) Introductions & Constitution 2) Family Code, including support in relation to the VAWC 3) Labor Code NOTES: This reviewer is meant to guide you in your review for the Mid-term Examinations. You are still expected to read, understand, and consequently apply the specific provisions of the laws and the cases that we tackled. The questions are based our discussions. I. Introduction 1) What is a nation? A nation is a group of people with a common language, history, culture, and (usually) geographic territory. 2) What is a state? A state is a group of people occupying a fixed territory bound by one body politic subject to a definite authority exercising control over all persons occupying its territory 3) What are the four (4) elements of a state? a. People – Constitution, Article IV, Section I b. Territory – Constitution, Article I, Section 1 c. Government – the Philippines is a unitary presidential constitutional republic d. Sovereignty – power of the State of command and enforce obedience to its will from people within its jurisdiction. There is internal sovereignty focuses on the internal governance and control of a state, while external sovereignty pertains to the recognition and independence of a state in the international arena. 4) What are the five (5) functions of government? a. Maintain peace and security b. Regulate the economy c. Promote social welfare and development d. Provide public services e. Protect national territory 5) What are the three (3) inherent powers of the State? In your own words? a. Police Power - promote public morals, public safety, public health, general welfare, and economic security and prosperity. In order to enforce the police power of the state, it may, under certain conditions, become necessary to deprive 1 Prepared by: Myk Bercasio  2 its citizens of property and of a right providing for the continuance of property, when the property or the exercise of the right may tend to destroy the public health, the public morals, the public safety, and the general welfare and prosperity of its inhabitants. i. How is police power exercised by the state? 1. It is that authority to enact legislation that may interfere with personal liberty or property in order to promote the general welfare. ii. How do we test if the law is a valid exercise of police power? 1. Despite the awesome nature of police power, such right of the state is not absolute. For the State to exercise police power due process must be observed. 2. The following tests are employed to test whether a particular law follows due process: a. Lawful subject - the interests of the public generally, as distinguished from those of a particular class, requires its exercise; b. Lawful means. – the means employed are reasonably necessary for the accomplishment of the purpose and not unduly oppressive upon individuals If the governmental act does not satisfy the lawful subject and lawful means test, then the act is struck down as unconstitutional. Thus, such governmental acts were held unlawful and unconstitutional by the Philippine Supreme Court b. Power of eminent domain – taking of private property for public use upon payment of just compensation. i. How is just compensation measured? 1. Property’s fair value; and, 2. Just and timely payment c. Power of taxation – life blood of the nation. i. The power to tax is primarily vested in the Congress; however, in our jurisdiction, it may be exercised by local legislative bodies, no longer merely by virtue of a valid delegation as before, but pursuant to direct authority conferred by Section 5, Article X of the Constitution. Under the latter, the exercise of the power may be subject to such guidelines and limitations as the Congress may provide which, however, must be consistent with the basic policy of local autonomy. 6) What is the meaning of Constitution? A constitution is a system of fundamental laws for the governance and administration of a nation. It is supreme, imperious, absolute and unalterable except by the authority from  3 which it emanates. It has been defined as the fundamental and paramount law of the nation. It prescribes the permanent framework of a system of government, assigns to the different departments their respective powers and duties, and establishes certain fixed principles on which government is founded. The fundamental conception in other words is that it is a supreme law to which all other laws must conform and in accordance with which all private rights must be determined and all public authority administered. 7) What is the concept of Supremacy of the Constitution. if a law or contract violates any norm of the constitution that law or contract whether promulgated by the legislative or by the executive branch or entered into by private persons for private purposes is null and void and without any force and effect. Thus, since the Constitution is the fundamental, paramount and supreme law of the nation, it is deemed written in every statute and contract. 8) What are the three (3) branches of government and their respective functions? a. Legislative branch - authorized to make laws, alter, and repeal them through the power vested in the Philippine Congress. This institution is divided into the Senate and the House of Representatives. b. Executive branch - is composed of the President and the Vice President who are elected by direct popular vote and serve a term of six years. The Constitution grants the President authority to appoint his Cabinet. These departments form a large portion of the country’s bureaucracy. c. Judicial branch - holds the power to settle controversies involving rights that are legally demandable and enforceable. This power includes the duty to settle actual controversies involving rights that are legally demandable and enforceable and to determine if any branch or instrumentality of government has acted with grave abuse of discretion amounting to lack of excess of jurisdiction. 9) What are the different sources of law? a. Constitution b. Statutes, Laws, and Ordinances c. Judicial Decisions of the Supreme Court d. Treaties and International Conventions  4 II. Family Code 1) What are the essential and formal requisites of marriage? a. Essential i. Legal capacity of the contracting parties who must be a male and a female; and ii. Consent freely given in the presence of the solemnizing officer b. The formal requisites of marriage are: i. Authority of the solemnizing officer; ii. A valid marriage license except in the cases provided for marriages exempt from the license requirement; and iii. A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two (2) witnesses of legal age. 2) What are marriages exempt from the marriage license requirement? (Article 27-34 of the Family Code) a. Articulo Mortis b. No means of transportation c. A marriage in articulo mortis between passengers and crew members may be solemnized by a ship captain and/or airplane pilot d. A marriage in arcitulo mortis between members of the armed forces or civilians may be solemnized by the military commander of a unit e. Marriages among Muslims or among members of the ethnic cultural communities may be performed validly without the necessity of marriage license, provided they are solemnized in accordance with their customs, rites or practices. f. A marriage between a man and a woman who have lived together for five (5) years and without any legal impediment to marry each other. 3) P was married to T. T was shot by P, resulting in her death. Less than two (2) years after, P and N got married without any marriage license. P and N executed an affidavit stating that they had lived together as husband and wife for at least five (5) years and were thus exempt from securing a marriage license. P and T’s children sought to declare the nullity of marriage of P and N, on the ground of absence of a marriage license. Did the cohabitation of P and N satisfy the requirement under the Family Code to be exempt from procuring a valid marriage license? No. The five (5)-year period under Art. 34 of the Family Code should be the years immediately before the day of the marriage and it should be a period of cohabitation characterized by exclusivity — meaning no third party was involved at any time within the five (5) years and continuity — that is unbroken. Otherwise, if that continuous five (5)- year cohabitation is computed without any distinction as to whether the parties were capacitated to marry each other during the entire five (5) years, then the law would be sanctioning immorality and encouraging parties to have common law relationships and placing them on the same footing with those who lived faithfully with their spouse  5 4) Discuss the effect of absence, defect or irregularity of the requisites of marriage. The Family Code provides that marriages lacking any essential or formal requisite are void ab initio (with the exception of marriages solemnized by any person not legally authorized to perform marriages where either or both parties believed in good faith that the solemnizing officer had the legal authority to do so), that marriages attended by a defective essential requisite are voidable, and that marriages attended by an irregularity as to formal requisites are valid, subject to the potential criminal, civil, or administrative liability of those responsible for the irregularity (Ado-an-Morimoto v. Morimoto, G.R. No. 247576, March 15, 2021) VOID VOIDABLE § Inexistent from § Valid until annulled the time of by the Court performance § Cannot be ratified § Can be ratified by cohabitation and/or prescription § No community of § Absolute Community property of Property § Children are § Children are illegitimate legitimate § May be attacked § Cannot be attacked collaterally but collaterally for the purpose of remarriage, there must be a judicial declaration of nullity 5) M and J were sweethearts but ended after some time. J dated someone else. By March, M and J reconciled after J insisted no one touched her. In April, J was one month pregnant which made M doubtful if he was the father. J ensured M that he was the only one she had sexual intercourse with. Three years after, M and J got married. Years after, M took a DNA test which showed he is not the father of their child. This prompted M to file an annulment of marriage on the ground that the consent of M was obtained by fraud in relation to the concealment of J of the fact that at the time of the marriage, she was pregnant by a man other than her husband. Will the annulment of marriage prosper?  6 No. The concealed pregnancy, which vitiates consent, must have existed at the time of the marriage. Thus, if the wife had previous relations with other men and as a consequence of which she became pregnant or bore a child previously, the concealment thereof will not be a ground for annulling the marriage if at the time the marriage was celebrated the wife was not pregnant. It is the concealment of the fact of pregnancy by another man at the time of marriage that constitutes fraud as a ground for annulment. In this case, the child was already almost three years old when M and J got married. As J was not pregnant at the time of the marriage, any purported fraud she may have committed to induce Melvin to marry her cannot be considered the fraudulent concealment contemplated under Article 46 (2) 6) What are the grounds for the declaration of nullity of a marriage? Family Code Articles 35, 36, 37, and 38. 7) What are the grounds for the annulment of a marriage? Family Code Articles 45. Ground for Who can file the action Period of Ratification Annulment Prescription Lack of parental Under age party – Within 5 years after Cohabitation after 21 consent Parent or Guardian attaining the age of 21 Before the child reaches 21 Insanity of one party The sane spouse Before the death of Cohabitation after Guardian of the insane the other party regaining sanity spouse N/A Insane spouse During lucid interval or after regaining insanity and/or death of the other party Fraud The injured party Within 5 years from Cohabitation the discovery of fraud Force, Intimidation, The injured party Within 5 years from Cohabitation Undue Influence cessation of the cause Impotence of one The potent party Within 5 years after Cannot be ratified party marriage Serious STD of one The healthy party Within 5 years after Cannot be ratified party marriage 8) Is an expert opinion required for a declaration of nullity of marriage due to psychological incapacity?  7 No. So long as the totality of evidence sufficiently proves the psychological incapacity of one or both of the spouses, a decree of nullity of marriage may be issued. Psychological incapacity is neither a mental incapacity nor a personality disorder that must be proven through expert opinion. The spouse’s personality structure must make it impossible for him or her to understand and, more important, to comply with his or her essential marital obligations. Ordinary witnesses who have been present in the life of the spouses before the latter contracted marriage may testify on behaviors that they have consistently observed from the supposedly incapacitated spouse 9) Can courts enforce the obligation of the husband and wife to live together, observe mutual love, respect and fidelity, and render mutual help and support pursuant to Art. 68 of the Family Code? No. The law provides that the husband and the wife are obliged to live together, observe mutual love, respect and fidelity. The sanction therefore is the “spontaneous, mutual affection between husband and wife and not any legal mandate or court order” to enforce consortium Except for support, the personal obligations of spouses cannot be enforced by court action. 10) What are the rights and obligations of the spouses? The rights and obligations between husband and wife are: 1. Live together which includes consortium (cohabitation) and copulation (sexual intercourse) (Art. 68, FAMILY CODE); 2. Observe mutual love, respect, fidelity (Art. 68, FAMILY CODE); and 3. Render mutual help and support (Art. 68, FAMILY CODE); 4. Fix the family domicile (Art. 69, FAMILY CODE); 5. Jointly support the family (Art. 70, FAMILY CODE); 6. Manage the household (Art. 71, FAMILY CODE); 7. Not to neglect duties, or commit acts which tend to bring danger, dishonor, or injury to the family (Art. 72, FAMILY CODE); and 8. Either spouse may practice any legitimate profession/business, even without the consent of the other (Art. 73, FAMILY CODE). The other spouse may object only on valid, serious and moral grounds. 9. Exercise the duties and enjoy the rights of parents (Art. 209, FAMILY CODE); 10. Answer for civil liability arising from injuries caused by children below 21 (Art. 2180, par. 2, CIVIL CODE; and RA 6809); and 11. Exercise parental authority over children’s property (Art. 225, FAMILY CODE). 11) What are the types of property regimes under the Family Code? Absolute Community Conjugal Partnership of Gains Complete Separation of Properties of Property  8 Parties deemed as co- Parties retain ownership over Each spouse shall own, dispose of, owners of properties their respective properties. The possess, administer and enjoy his or they both own at the parties place in a common fund her own separate estate, without need time of the celebration the proceeds, products, fruits and of the consent of the other. To each of marriage and those income from their separate spouse shall belong all earnings from acquired thereafter. properties and those acquired by his or her profession, business or either or both spouses through industry and all fruits, natural, (Article 90 Family their efforts or by chance. Upon industrial or civil, due or received Code of the dissolution of the marriage or of during the marriage from his or her Philippines) the partnership, the net gains or separate property. benefits obtained by either or both spouses shall be divided equally (Article 145 Family Code of the between them, unless otherwise Philippines) agreed in the marriage May be total, present, or future settlements. property. (Article 106 Family Code of the Philippines) 12) What are the types of violence under VAWC? a. Physical violence b. Sexual Violence c. Psychological Violence d. Economic Abuse 13) What are the elements of each type of violence? a. Physical violence i. The offended party is a woman and/or her child or children; ii. The woman is either the wife or former wife of the offender, or is a woman with whom the offender has or had a sexual or dating relationship, or is a woman with whom such offender has a common child. As for the woman's child or children, they may be legitimate or illegitimate, or living within or without the family abode; iii. include bodily or physical harm b. Sexual Violence i. The offended party is a woman and/or her child or children; ii. The woman is either the wife or former wife of the offender, or is a woman with whom the offender has or had a sexual or dating relationship, or is a woman with whom such offender has a common child. As for the woman's child or children, they may be legitimate or illegitimate, or living within or without the family abode; iii. Commits an act which is sexual in nature, committed against a woman or her child. It includes, but is not limited to: 1. rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim's body, forcing her/him to watch obscene publications and  9 indecent shows or forcing the woman or her child to do indecent acts and/or make films thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser; 2. acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or threat of physical or other harm or coercion; 3. Prostituting the woman or child. c. Psychological Violence i. The offended party is a woman and/or her child or children; ii. The woman is either the wife or former wife of the offender, or is a woman with whom the offender has or had a sexual or dating relationship, or is a woman with whom such offender has a common child. As for the woman's child or children, they may be legitimate or illegitimate, or living within or without the family abode; iii. The offender causes on the woman and/or child mental or emotional anguish; and iv. The anguish is caused through acts of public ridicule or humiliation, repeated verbal and emotional abuse, denial of financial support or custody of minor children or access to the children or similar acts or omissions. d. Economic Abuse i. The offended party is a woman and/or her child or children; ii. The woman is either the wife or former wife of the offender, or is a woman with whom the offender has or had a sexual or dating relationship, or is a woman with whom such offender has a common child. As for the woman's child or children, they may be legitimate or illegitimate, or living within or without the family abode; iii. There is willful withholding of support by the father and/or spouse or man 14) What are the different reliefs that an abused woman/child may seek? a. Filing of a criminal action b. Protection Order from the  10 III. Labor Code 1) What is the concept of social justice? a. Social justice means the promotion of the welfare of all the people, the adoption by the Government of measures calculated to insure economic stability of all the competent elements of society, through the maintenance of a proper economic and social equilibrium in the interrelations of the members of the community, constitutionally, through the adoption of measures legally justifiable, or extra- constitutionally, through the exercise of powers underlying the existence of all governments on the time-honored principle of salus populi est suprema lex. 2) What are the rights of workers that are protected by the State? a. Equal opportunity b. self-organization, c. collective bargaining, d. security of tenure, and e. just and humane conditions of work. 3) What is management prerogative? a. The right of an employer to regulate all aspects of employment, aptly called "management prerogative," gives employers the freedom to regulate, according to their discretion and best judgment, all aspects of employment, including work assignment, working methods, processes to be followed, working regulations, transfer of employees, work supervision, lay-off of workers and the discipline, dismissal and recall of workers.55 In this light, courts often decline to interfere in legitimate business decisions of employers. In fact, labor laws discourage interference in employers' judgment concerning the conduct of their business. b. Among the employer's management prerogatives is the right to prescribe reasonable rules and regulations necessary or proper for the conduct of its business or concern, to provide certain disciplinary measures to implement said rules and to assure that the same would be complied with. At the same time, the employee has the corollary duty to obey all reasonable rules, orders, and instructions of the employer; and willful or intentional disobedience thereto, as a general rule, justifies termination of the contract of service and the dismissal of the employee. 4) What is the four fold test in determining whether or not there is an employee-employer relationship? a. Power of selection and hiring of employee b. Power of discipline and dismissal c. Payment of Wages d. Control test - an employer-employee relationship exists where the person for whom the services are performed reserves the right to control not only the end achieved, but also the manner and means to be used in reaching that end. 5) What are types of employment? a. Regular Employees-these employees refer to those who are hired for the business activities deemed necessary in the employer's usual business. They are the ones  11 who enjoy tenure security as it is guaranteed by the Constitution. A regular employee cannot simply be terminated unless due to Just and Authorized causes according to the law. b. Probationary Employee-workers will not be automatically regularized once hired as they will be placed on probationary status for 6 months. After the probationary period, the employee's performance will be evaluated if they are qualified for regularization. c. Term Employees-this type of employee also refers to fixed-term employee because their services are needed for a specific period only. d. Project Employees-an employee hired for a specific project is considered as a project employee. Before an employee can be hired as a project employee, the company must specify the length and scope of the work. e. Seasonal Employees-workers who are hired for business activities which require additional manpower and are temporarily laid off during off season are called casual employees. f. Casual Employees-this type of employee is hired for business activities which are deemed incidental to the business. 6) Rights of workers and the conditions of employment. Labor Code, Article 82-100. Look into the following: Coverage Normal Hours of Work Meal Periods Night differential Overtime Rest Day, Sunday, and/or Holiday Work Service Inventive Leave Service Charges Wage (wage; minimum wage; payment of wage – forms, time, place; deductions) ----------------------------------------NOTHING FOLLOWS ------------------------------------------