Professional Documents
Culture Documents
1. Jus Sanguinis – (RIGHT OF BLOOD) means that the citizenship of a person is acquired by blood relationship, as when a
child is born by Filipino parents, wherever he may born. (
2. Jus Soli – (RIGHT OF SOIL) the citizenship of a person is determined by the place of birth.
3. Naturalization – a process whether judicial or administrative by which a state places the imprint of a native citizen
when he adopts an alien and gives his the imprint and endowment of a citizen of that country.
QUESTION 3.
1. Police Power
2. Power of Eminent Domain – power of the government to forcibly acquire private property for public purpose and
after payment of just compensation.
3. Power of Taxation
QUESTION 4.
CONSTITUTION – is the supreme among all the laws of archipelago. It is the basic and paramount law to which all other
laws must conform and to which all persons including the highest officials of the land, must defer. In case of conflict
between the Constitution and Municipal Law, the former shall prevail.
QUESTION 5.
The following are citizens of the Philippines according to Article IV, Section 1 of the 1987 Constitution:
1. Those who are citizens of the Philippines at the time of the adoption of this constitution.
3. Those born before January 17, 1973, of Filipino mothers, who had elected Philippine citizenship upon reaching the age
of majority; and
- Those that elect Philippines citizenship in accordance with paragraph (3) section 1 shall be deemed natural-born
citizens.
QUESTION 6.
Warrant of Arrest is issued upon the probable cause to be determined personally by the judge after the examination
under oath affirmation of the complainant and the witnesses he may produce and particularly describing the person to
be arrested.
“It is only a judge who may issue warrants of search and arrest” – Mr. Marcos
(1) It is only judges, and no other, who may issue warrants of arrest and search.
c. It must be issued after examination, under oath or affirmation, of the complainant and the witnesses he may produce;
d. The warrant must particularly describe the place to be searched and the persons or things to be seized
QUESTION 7.
BILL OF RIGHTS
No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the
equal protection of the laws.
Any employees in the hospitality industry cannot be dismissed from employment without being notified of the offense
he committed. He must be given a reasonable time to explain his side.
QUESTION 8.
CHARACTERISTICS OF LAW
“Salus populi est suprema lex” – THE WELFARE OF THE PEOPLE IS THE SUPREME LAW.
The passage of the law requires a careful deliberation from law making authorities considering the impact it may have to
the people in general. In doing so, the welfare of the people must be taken a paramount consideration.
QUESTION 9.
CHARACTERISTICS OF LAW
Justness of the law is about being equitable to the extent that people are obligated to obey it based on their ability to
observe (like for example, people are obligated to pay their taxes based on their ability to pay)
Justness is about being fair and not discriminatory in a sense that the law is being applied to all regardless of race,
gender, status in life, and the like.
QUESTION 10.
1. Police Power
3. Power of Taxation
The SC noted that for an ordinance to be valid, it MUST NOT ONLY be within the corporate powers of the local
government unit to enact and must be passed according to the procedure prescribed by the law.
QUESTION 11.
LAW DEFINED
Webster (2018) has defined law as a binding custom or practice of a community: a rule of conduct or action prescribed
or formally recognized as binding or enforced by a controlling authority.
CHARACTERISTICS OF LAW
It can be observed from the definitions given by Collins and Webster that the following elements are present:
QUESTION 12.
1. Certain areas of investment shall be reserved by Congress to citizens of the Philippines or to corporations or
associations at least 60% of whose capital, or higher, is owned by Filipinos.
QUESTION 13.
No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free
exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be
allowed.
In the case of Everson vs. Board of Eduxation, 330 US 1, it was ruled out that the “State cannot set up a church…”
In the case of Ebralinag vs The Division Superintendent of Schools of Cebu, the court held that the petitioners cannot be
expelled for refusing to salute the flag, recite the patriotic pledge, or sing the national anthem in order to follow their
religious beliefs.
Question 14.
No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free
exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be
allowed.
Religious freedom is considered as fundamental human right in most nations, meaning, the government allows other
religious practices aside from the religion of the state.
QUESTION 15.
Procedural Process
Refers to the method by which the law is enforced. In this particular process, hearing is necessary before condemnation.
Condemnation only proceeds upon inquiry of the needed facts, and the judgment are to be given only after trial.