LESSON 2: Legal Rules (PDF)

LESSON 2: LEGAL RULES Legal Rules are specific guidelines or standards that govern behavior and interactions within a society. They are derived from various sources, including laws, regulations, court decisions, and customs. These rules are essential for maintaining order, protecting rights,...

LESSON 2: LEGAL RULES Legal Rules are specific guidelines or standards that govern behavior and interactions within a society. They are derived from various sources, including laws, regulations, court decisions, and customs. These rules are essential for maintaining order, protecting rights, and resolving disputes. 1. Criminal Law: These laws define crimes and their corresponding punishments. Revised Penal Code (RPC): The primary source of criminal law in the Philippines. It defines crimes and their corresponding penalties. 1.1 Crimes against Persons Murder: The unlawful killing of another person with malice. Homicide: The unlawful killing of another person without malice. Parricide: The killing of a parent, child, or spouse. Infanticide: The killing of a child under seven years old. Abortion: The intentional termination of a pregnancy. Physical injury: The intentional infliction of physical pain or suffering. Mutilation: The intentional infliction of serious physical injury resulting in the loss or impairment of a bodily function. 1.2 Crimes against Property Theft: The unlawful taking of personal property with intent to permanently deprive the owner thereof. Robbery: The unlawful taking of personal property from another person by force or intimidation. Burglary: The unlawful breaking into and entering a building with intent to commit a crime therein. Arson: The intentional burning of property. Estafa: The fraudulent appropriation of property by a person entrusted with it. 1.3 Crimes against Public Order Sedition: The inciting of rebellion or insurrection. Treason: The levying of war against the government or aiding its enemies. Bribery: The giving or offering of a bribe to a public official. Extortion: The obtaining of property from another person by force or intimidation. Malversation: The unlawful appropriation of public funds or property by a public official. 1.4 Crimes against Public Morals Adultery: As defined under Article 333 of the RPC, is committed by a married woman and her paramour who knows of her marital status, when they engage in sexual intercourse. Concubinage: As defined under Article 334 of the RPC, is committed by a married husband by (a) keeping a mistress in the conjugal dwelling; (b) having sexual intercourse under scandalous circumstances with a woman who is not his wife; or (c) cohabiting with her in any other place. Prostitution: The engaging in sexual intercourse or other sexual acts for hire. Gambling: The wagering of money or other property on the outcome of an event. 2. Civil Law: These laws govern non-criminal disputes between individuals or organizations. Examples include contract law, property law, and tort law. Civil Code of the Philippines: Governs non-criminal disputes between individuals or organizations. 2.1 Contract Law 1  Obligations and Contracts: Governs the formation, validity, and effects of contracts. Examples: o Sales contracts: Agreements for the transfer of ownership of property for a price. o Lease contracts: Agreements for the temporary use of property in exchange for rent. o Employment contracts: Agreements for the performance of work in exchange for wages. 2.2 Property Law Property: Governs the ownership, use, and disposition of property. Examples: o Land ownership: The rights and obligations of landowners. o Easements: Rights of way or other limited uses of property. o Succession: The transfer of property upon the death of a person. 2.3 Tort Law Damages: Governs the remedies available for civil wrongs. Examples: o Negligence: The failure to exercise reasonable care, resulting in harm to another. o Defamation: The publication of false and harmful statements about another person. o Trespass: The unauthorized entry onto another person's property. 2.4 Family Law Marriage and Family Relations: Governs the creation, dissolution, and legal consequences of marriage and family relationships. Examples: o Marriage requirements: The conditions for a valid marriage. o Divorce proceedings: The process for dissolving a marriage. o Child custody and support: The legal arrangements for children's care and financial support. 2.5 Succession Law Succession: Governs the transfer of property upon the death of a person. Examples: o Wills: Documents that express a person's wishes regarding the disposition of their property after death. o Intestate succession: The distribution of property when a person dies without a will. 2.6 Consumer Protection: Laws that protect the rights of consumers. 2.7 Intellectual Property: Laws that protect inventions, trademarks, and copyrights. 2.8 Commercial Law: Laws that govern business transactions. 3. Administrative Law: These laws regulate the activities of government agencies and their interactions with the public. For instance, rules governing environmental protection or taxation. Administrative Code of 1987: Governs the organization and functions of government agencies. 3.1 Licensing Laws Business permits: Laws governing the requirements for obtaining a business permit. Professional licenses: Laws governing the requirements for obtaining a license to practice a profession, such as law, medicine, or engineering. Environmental permits: Laws governing the requirements for obtaining permits for activities that may impact the environment. 2 3.2 Regulatory Laws Price control laws: Laws that regulate the prices of certain goods and services. Labor laws: Laws that regulate the relationship between employers and employees. Environmental laws: Laws that protect the environment and regulate activities that may have an impact on it. 3.3 Taxation Laws Income tax laws: Laws that govern the taxation of income. Value-added tax (VAT) laws: Laws that govern the taxation of goods and services. Real property tax laws: Laws that govern the taxation of real property. 3.4 Public Utilities Laws Electricity laws: Laws that regulate the generation, transmission, and distribution of electricity. Water laws: Laws that regulate the provision of water services. Telecommunications laws: Laws that regulate the provision of telecommunications services. 3.5 Administrative Procedure Laws Administrative Due Process: Laws that govern the procedures that government agencies must follow when making decisions that affect the rights of individuals. Administrative Remedies: Laws that provide remedies for individuals who believe that government agencies have acted unlawfully or unfairly. 4. Constitutional Law: These laws establish a government's fundamental principles and structures. 1987 Philippine Constitution: The supreme law of the land, establishing the fundamental principles and structures of the government. 4.1 Bill of Rights Freedom of speech and expression: The right to express oneself without fear of government censorship. Freedom of religion: The right to practice one's religion without government interference. Freedom of assembly and petition: The right to gather peacefully and to petition the government for redress of grievances. Right to due process: The right to a fair trial and the presumption of innocence until proven guilty. Right to equal protection: The right to be treated equally under the law. 4.2 Legislative Department Powers of Congress: The powers granted to the Philippine Congress, such as the power to enact laws, to raise taxes, and to impeach government officials. Composition of Congress: The structure of the Philippine Congress, consisting of the Senate and the House of Representatives. 4.3 Executive Department Powers of the President: The powers granted to the Philippine President, such as the power to appoint government officials, to veto laws, and to command the armed forces. Term of office: The length of term of the Philippine President. 4.4 Judicial Department Powers of the Supreme Court: The powers granted to the Supreme Court of the Philippines, such as the power to interpret the Constitution and to review the decisions of lower courts. Composition of the Supreme Court: The structure of the Supreme Court, consisting of a Chief Justice and 14 Associate Justices. 3 4.5 Local Government Local autonomy: The powers granted to local government units, such as provinces, cities, and municipalities. Local elections: The process for electing local government officials. 4.6 National Economy and Patrimony Economic policies: The government's policies on economic development and social justice. National patrimony: The protection of the country's natural resources and cultural heritage. 5. International Law: These laws govern the relationships between countries, including treaties, customs, and international organizations. The Philippines is a signatory to various international treaties and conventions. Example: The Philippines is a member of the United Nations and is bound by international law, such as the Universal Declaration of Human Rights. 5.1 Human Rights Laws Universal Declaration of Human Rights: The Philippines has ratified this declaration, which guarantees fundamental human rights to all individuals. International Covenant on Civil and Political Rights: The Philippines is a party to this treaty, which protects civil and political rights, such as the right to life, freedom of expression, and the right to a fair trial. International Covenant on Economic, Social, and Cultural Rights: The Philippines is a party to this treaty, which protects economic, social, and cultural rights, such as the right to work, the right to education, and the right to health. 5.2 Trade Laws General Agreement on Tariffs and Trade (GATT): The Philippines is a member of the World Trade Organization (WTO), which is the successor to the GATT. The GATT sets rules for international trade, such as tariffs, quotas, and subsidies. Regional Comprehensive Economic Partnership (RCEP): The Philippines is a signatory to this regional trade agreement, which aims to reduce trade barriers between countries in the Asia-Pacific region. 5.3 Environmental Laws United Nations Framework Convention on Climate Change (UNFCCC): The Philippines is a party to this treaty, which aims to stabilize greenhouse gas concentrations in the atmosphere. Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES): The Philippines is a party to this treaty, which regulates the international trade in endangered species. 5.4 Maritime Laws United Nations Convention on the Law of the Sea (UNCLOS): The Philippines is a party to this treaty, which governs the use of the world's oceans. Law of the Sea Convention: The Philippines has enacted domestic laws to implement the provisions of the UNCLOS, such as the Philippine Exclusive Economic Zone Law. 4