Reviewer for Introduction to Law
Midterms
2 principles related to Res Judicata
1. Principle of Bar by Prior Judgment – when,
as between the first case where the judgment was
rendered and the second case that is sought to be
barred, there is identity of parties, subject matter and
causes of action; judgment in the first case constitutes
an absolute bar to the second action
2.Principle of Conclusiveness of Judgment –
where there is identity of parties in 1st and 2nd, but no
identity of causes of action, the 1st judgment is
conclusive only as to those matters actually and
directly controverted & determined & not as to matters
merely involved therein
Doctrine of Priority of Courts – when there are two
courts who have jurisdiction to hear the case, under
this doctrine, relief should be filed or sought to the
lower court
Statutes vs. Memo. Circu. vs. Memo. Order
a. Statutes – within the meaning of the term
law; enactments issued by Congress
b. Dept. / Memo. C – issuance of an agency
to clarify matters within its internal operation; no force
and effect of a law
c. Dept. / Memo Orders – issuance of an
agency or department of the gov’t pursuant to a
delegated power of legislation or quasi-legislative
power; with force and effect of a law
Resolution vs Ordinance
a. Resolution – mere statements of policy or
sentiments of the legislative branch of the gov’t; has no
effect of a law
b. Ordinance – legislative acts of the
Sanggunian Bayan (Municipality), Sangguniang
Panlungsod (City), Sangguniang Panlalawigan
(Province); has a force and effect of a law
Statute vs Constitution (fundamental law of the
land)
a. Statute – a product of legislation; a formal
written enactment of a legislative authority which either
creates or removes a right, or regulate relations
b. Consti – sovereign act of the people; direct
act of the sovereign
**Principle of Hierarchy of Laws – laws have
different standing; under this, a piece of legislation
cannot rise above its source
**Principle of Constitutional Supremacy – laws,
ordinances and department orders should not be
contrary to the provisions of the Constitution
Law according to Scope
a. Domestic Law – applicable within the
territorial jurisdiction of the State
(extraterritoriality)
b. International Law – applicable to the
international sphere or states all over the
globe; set of rules generally regarded and
accepted as binding in relations between
states and between nations
Sources of International Law
a. Treaty – agreement entered into by actors
(States)
b. Protocol – generally a treaty or international
agreement that supplements a previous
treaty (addendum)
c. International Custom – practice that are
deemed obligatory to the member states
because it is necessary
d. Gen. Principles of Law – recognized by
States
e. Judicial Decisions and Teachings of the
most highly qualified publicists of various
nations
Treaty vs Exec. Agreement
a. Treaty – requires ratification of the Senate
(2/3)
b. Exec. Agreement – there is none; entered into
by the President as Head of Government
2 Conditions of International Custom
1. Accepted by States
2. Deemed obligatory because it is necessary
a. Opinio Juris – opinion of law or necessity
accepted by States
b. Jus Cogens - compelling law/peremptory
norm; refers to certain fundamental principle
which is accepted by international community
of states as a norm from which no derogation
is permitted
Classification of Laws
1. Public – laws enacted governing the relation
between the people and the State /
Government
2. Private – laws enacted governing status and
relations of individuals or private institutions
Jae 
 Reviewer for Introduction to Law
Midterms
Sources of Law
a. Constitution
b. Legislation (PD, RA, BP)
c. Judicial Decisions
d. Contracts
e. Generally accepted customs, practice &
traditions
Positive Law – product of legislation or legislation
itself as it is enacted by human
2 Theories
1. Social – views man as a social being and laws
are enacted for peaceful and orderly co-
existence
2. Classical – must be in accordance with
human nature; man’s responsibility is
dependent on the nature of the act in relation
to …his will, freedom and reason
___________________________________________
Consti vs Organic Law
a. Constitution – fundamental law of the land
b. Organic Law - refers to a framework by w/c
the body politic operate
Elements of the State
1. People – inhabiting people
2. Territory – land, air, and sea
3. Government – agent w/c acts are in
accordance to the will of the people
4. Sovereignty – supreme and uncontrollable
power inherent in a State by w/c the State is
governed
3 Inherent Powers of State
1. Police Power - power to promote public
welfare by restraining and regulating the use
of liberty and property (thru legislation/law)
Characteristics: pervasive, least limitable, most
demanding sovereign power of the State
- Supreme, plenary and
comprehensive
2. Power of Taxation – power to impose &
collect revenues to support the government
(life-blood doctrine)
Characteristics: supreme, plenary, unlimited,
comprehensive
Characteristics of a Tax: (1) levied only pursuant
to a legislation, (2) levied on persons & property
w/in the jurisdiction, (3) payable in money, (4)
proportionate to the ability to pay, and (5) for public
purpose
Principles of Sound Tax System
(1) fiscal adequacy - approximate w/ gov’t
expenditure
(2) Administrative Feasibility – capable of
convenient, just and effective administration
(3) Juridical justice – one’s ability to pay
3. Power of Eminent Domain – power to forcibly
acquire private property for the use of public
purpose, w/ just compensation
Just Compensation (GR 157206) – sum
equivalent value of the property in the market
**Through Local Government Code, Congress
delegated the power of Eminent Domain to the Local
Government Units:
1. Ordinance enacted to enable Chief Executive
2. For public use, purpose, welfare, benefit of
poor and landless
3. Payment of just compensation
4. Prior definite offer & has been
rejected/refused by the owner
___________________________________________
Political Law – branch of municipal law; branch of
public law w/c deals with the Constitution
Qualities of Consti.
1. Brief – must not provide details but gen.
principles
2. Broad – covers all aspect of the State
3. Definite – must not be conflicting; precise
**Written and Unwritten
Rule on Interpretation
Apply first the language of the law, and if there
is ambiguity only then the Courts will interpret or
construe the provisions in accordance w/ the intent of
the lawmakers/framers
Revision vs Amendment
a. Revision – abrogation of the whole document
b. Amendment – change of a certain part
Jae 
 Reviewer for Introduction to Law
Midterms

3 Ways/Mode to Change the Constitution De Jure vs De Facto

1. Constitutional Convention – 2/3 votes of each a. DJ – legitimate government by right of law;

House to initiate a ConCon
2. Constituent Assembly – 3/4 of all the
members
3. People’s Initiative - 12% of all the voters in the
PH, 3% of every district (for amendment only)
has rightful title
b. DF – government of fact, that is, actually
exercises power or control w/o legal title
Legal Sovereignty – power to issue final commands

Plebiscite – not earlier than 60 days & not later than

90 days upon the approval of the proposal of
amendment/revision (for ratification)

Doctrine of Fair and Proper Submission –

amendments cannot be submitted to the to the people
in a piecemeal fashion wherein the other amendments
are to follow. People should have a frame of reference
frim w/c to read the amendments being proposed.

Santiago vs COMELEC (1988)

a. Provision on initiative is not self-executing, it

needs an enabling law
b. RA 6735 Initiative & Referendum Act is for
statutes and ordinances only

Lambino vs COMELEC

a. People’s initiative may be applied only to

mere amendment (becomes stare decisis)
___________________________________________

Presidential vs Parliamentary

a. Presidential – a democratic and republican

system of government where a head of
government leads an executive branch
independent and separate from the
legislative.
b. Parliamentary – system of democratic
governance of a state where executive
derives its democratic legitimacy from its
ability to command the confidence of the
legislature and is held accountable to that.

Governmental vs Proprietary Functions

a. Governmental – for general welfare,

protection of rights
b. Proprietary – owning of property of the gov’t,
economic undertaking

Regalian Doctrine
“All lands of the public domain belong to the
State, that the State is the source of any asserted right
to ownership of land and charged w/ the conservation
of such patrimony” exception is the indigenous people

Jae 