 Constitutional Law

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 is the study of the maintenance of the proper balance between
authority as represented by the three inherent powers of the State and  Criminal Procedure
liberty as guaranteed by the Bill of Rights
 may be defined as the method prescribed by law for the apprehension
Political Law and prosecution of persons accused of any criminal offense, and for
their punishment, in case of conviction
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 Clark’s Criminal Procedure

 Can a labor organization be an employer? Criminal Procedure

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 Yes. Under Article 218(e) of the Labor Code, the term ‘employer’
includes a labor organization that acts as an employer. This situation  If a contract of carriage or transportation is not for a fee or for hire, then it is
arises when a labor organization hires employees to work for it. ___________.

Labor Law  gratuitous

Transportation Law
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 Are states really bound to fulfill the commitments they undertake pursuant to
a bilateral or multilateral treaty once it has been ratified and then enters into  All other property of the State, which is not of the character stated in the
force? preceding article is patrimonial in character.

 According to pacta sunt servanda, they are  Article 421, New Civil Code
 This Latin phrase, which may be roughly translated as “treaties shall
Civil Law
be complied with,” describes a significant general principle of
international law—one that underlies the entire system of treaty- ======================================================================
based relations between sovereign states.
 Qualification of voters
International Law
A voter must be:
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 a citizen (male or female) of the Philippines
 There is no common law in the Philippines.  not otherwise disqualified by law
Civil Law  at least 18 years of age
  have resided in the Philippines for at least 1 year and in the place Every agreement of a legal nature, domestic or international, whether it is a
wherein he proposes to vote for at least 6 months preceding the contract between individuals or a treaty between states, presupposes that in
election concluding the agreement the parties acted with the intention to abide by its
provisions.
Political Law
International Law
 Terrestrial domain of a state ======================================================================

 the land mass  While the goods are in the possession of the carrier
Political Law
 it is but fair that it exercises extraordinary diligence in protecting
====================================================================== them from loss or damage, and if it occurs, the law presumes that it
was due to the carrier’s fault or negligence
 Statutory classification of employees  that is necessary to protect the interest of the shipper which is at the
mercy of the carrier
The Labor Code classifies employees in this manner:
Mercantile Law
 according to rank
 according to nature of engagement ======================================================================

Labor Law  What does Rule 138 of the Rules of Court contain?

======================================================================  Attorneys and admission to the Bar

 When the debtor of a contract binds himself to return to the creditor a Legal Ethics, Remedial Law
movable property which the creditor has given to the debtor for personal use,
without any consideration ======================================================================

 then such contract is called the contract of commodatum  Human rights

Civil Law  provide a floor, not a ceiling, of basic standards, below which the
======================================================================
State must not fall and which it must protect or fulfill

 The duty to perform one’s solemn obligations is not something unique to Political Law
international law and the law of treaties. A similar principle can be found in
the contract law of many domestic legal traditions throughout the globe. ======================================================================
  Ensure equal work opportunities regardless of sex, race, or creed
 basic policy of State on labor
Labor Law
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 Does international law qualify as law? Is it binding?
 Yes. It consists of binding rules accepted as such by the community.
Political Law
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 Managerial employees
 are not eligible to form, join, or assist in the formation of any labor
organization
Labor Law
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 Common carrier
 persons, corporations, firms, or associations engaged in the business
of carrying or transporting passengers or goods or both by land,
water, or air, for compensation, offering their services to the public
 Article 1732, Civil Code
Transportation Law
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 What are the characteristics of an insurance contract?
 consensual
 voluntary
 aleatory
 executed
 executory
 conditional
 personal
Mercantile Law
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 What is the doctrine of continuity of jurisdiction?
 the general principle that once a court has acquired jurisdiction, that
jurisdiction continues until the court has done all that it can do to
exercise that jurisdiction
Remedial Law
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 The practice of law is a privilege granted only to those who possess the strict
intellectual and moral qualifications required of lawyers who are instruments
in the effective and efficient administration of justice.
 In Re: Petition of Al Argosino to Take the Lawyer’s Oath
Legal Ethics
======================================================================
 What is legal interpretation?
 the art or process of discovering and expounding on the intended
signification of the language used, that is, the meaning which the
authors of the law designed it to convey to others.
  Construction and Interpretation of the Law by Black
Statutory Construction
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 It is error to suppose that Constitutional Law suggests the unjustified
ascendancy of authority over liberty as this might result in tyranny or the
unwarranted primacy of liberty over authority as this would result in anarchy.
Political Law
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 RA 9442
 Magna Carta for Persons with Disabilities
Human Rights Law
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 Legislative power
 is essentially the authority under the Constitution to make laws and
subsequently, when the need arises to alter and repeal them.
Political Law
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 State practice over the centuries has recognized the fundamental significance
of pacta sunt servanda as a principle or rule of international law. What was
originally an uncodified rule based on customary practice began to be
expressed in writing in the mid-nineteenth and early twentieth centuries
through multilateral declarations, such as the Declaration of London of 1871,
and decisions of international arbitral bodies. It was also incorporated into
the Covenant of the League of Nations and the Charter of the United Nations,
although neither document referred to the principle by name.
International Law
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 Labor Standards
 is that branch of labor law that prescribes the minimum requirements
for wages, hours of work, monetary benefits, welfare benefits, and
occupational health and safety standards
Labor Law
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 What is the extent of management’s prerogative to prescribe working
methods, time, place, manner and other aspects of work?
 Employers have the freedom and prerogative, according to their
discretion and best judgment, to regulate and control all aspects of
employment in their business organizations. Such aspects of
employment include hiring, work assignments, working methods,
time, place and manner of work, tools to be used, processes to be
followed, supervision of workers, working regulations, transfer of
employees, work supervision, lay-off of workers and the discipline,
dismissal and recall of workers.
 Philippine Airlines, Inc. vs. NLRC
Labor Law
======================================================================
 The main bulk of the Philippine Rules of Criminal Procedure are found in
Part III, from Rule 110 to Rule 127 of the Rules of Court of the Philippines
which took effect on January 1, 1964.
Remedial Law
 pacta sunt servanda as a universal rule in its Preamble and also devotes a
====================================================================== brief article to its definition.

 Judicial decisions applying or interpreting the laws or the Constitution shall Article 26 of the VCLT states, “every treaty in force is binding upon the
form part of the legal system of the Philippines. parties to it and must be performed by them in good faith.” 

 Article 8, New Civil Code The good faith element of this principle suggests that states should take the
Civil Law
necessary steps to comply with the object and purpose of the treaty. States
====================================================================== may not invoke restrictions imposed by domestic law as good reason for not
 No one can be a truly competent lawyer unless he is a cultivated man. complying with their treaty obligations provided the instrument was duly
ratified by competent authorities and in accordance with constitutional and
Justice Felix Frankfurter statutory requirements.
Legal Ethics
International Law

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 Regulate the relations between workers and employers

 Hackworth observes…  basic policy of the State on labor

Labor Law
 that the term ‘nation,’ strictly speaking indicates a relation of birth or  Before the new Civil Code (RA No.386) took effect on August 30, 1950
origin and implies a common race, usually characterized by:
 commercial or mercantile partnerships were governed by the Code of
 community of language Commerce
 customs  Articles 116-238

 this is evidenced by its etymology ‘nasci’ which means ‘to be born’  non-commercial or civil partnerships were governed by the old
Spanish Civil Code
Constitutional Law  Articles 1665-1708
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Mercantile Law, Civil Law
 Explicit reference to pacta sunt servanda in an international legal instrument
======================================================================
was first made when drafting the Vienna Convention on the Law of
Treaties of 1969 (VCLT).  This document, which is widely considered to be  What does it mean when you say than an insurance contract is consensual?
the most definitive authority on treaty law and practice, makes reference to
  It is perfected by the meeting of the minds.  Do you have any children?
 Where do your children go to school?
Mercantile Law

======================================================================  Even if the witness goofs in answering these questions, no one else
will know
 Agrarian Law
Trial Technique
 embraces all laws that govern and regulate the rights and
======================================================================
relationships over agricultural lands between landowners, tenants,
lessees, or agricultural workers.  The MILF as a domestic armed group is guilty of rebellion for “rising
Agrarian Law
publicly and taking arms against the Government for the purpose of
removing from the allegiance to said Government or its laws, the territory of
======================================================================
the Philippine Islands or any part thereof”. Certainly, their use of arms for the
 In law, the bar is the legal profession as an institution. purpose of establishing an independent state is the classic crime of rebellion.

The term is a metonym for the line (or "bar") that separates the parts of a What is the criminal liability of those who will aid or abet those engaged in
courtroom reserved for spectators and those reserved for participants in a trial the crime of rebellion? Well, the Revised Penal Code punishes not only those
such as lawyers. who lead and directly participate in the rebellion, but also those who conspire
to commit the crime. Moreover, the law also punishes public officers or
Legal Ethics employees who have failed to resist a rebellion by all the means in their
====================================================================== power. Perhaps, this is how we can hold Ging Deles et al responsible for
their loyalty to the MILF.
 On direct examination
 Atty. Harry Roque Criminal Law
 put the witness at ease  When the thing deteriorates through the fault of the debtor
 unless the witness is a professional testifier, terror is likely the
witness’ dominant emotion  the creditor may choose to:
 Ask a few questions to ease that feeling.
 Ask things that cannot be challenged by the opposing lawyer and the  rescind the obligation
judge  fulfill the obligation with damages

 Where do you live? Sales

 Where do you work?
======================================================================
 Are you married?
 Land Title

 is a conclusive evidence of ownership and it cannot be attacked
collaterally
Land Titles and Deeds
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 Citizenship, citizen VS nationality, nationals
 nationality, nationals
 have broader meaning, embracing all who owe allegiance to a
state, whether democratic or not, without thereby becoming
citizens
 Thus, prior to the granting of Philippine independence by the
United States on July 4, 1946, the Filipinos were deemed
American nationals because they owed allegiance to the United
States but were not citizens thereof
We can, therefore say that the nationals of a state include not only its
citizens who enjoy full civil and political privileges but also others
who are not its citizens, but because they owe allegiance to it, are not
regarded as aliens.
While all citizens are nationals of a state, not all nationals are
citizens of a state
Constitutional Law, International Law
 The Comprehensive Agrarian Reform Law (CARL) applies only to lands
 that are devoted to agricultural activities
 arable and suitable for farming
Agrarian Reform Law
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 Every person must, in the exercise of his rights and in the performance of his
duties, act with justice, give everyone his due, and observe honesty and good
faith.
Article 19, Civil Code
Persons and Family Relations
======================================================================
 The argument for “one man, one vote” is simply an application of the
principal of political equality. All votes should carry the same weight, it is
said, because no justification can be found for singling out certain citizens for
preferred treatment. If minorities are worried about the possibility of majority
oppression, the remedy lies not in giving them added electoral weight but
rather in settled constitutional procedures.
Constitutional Law
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 License of private recruitment and placement agency
 No license shall be transferred, conveyed, or assigned to any person
or entity
Labor Law
======================================================================
 Effectivity of laws
 Article 2, Civil Code
 The general rule is that laws shall take effect after 15 days following
the completion of their publication in the Official Gazette or in a
newspaper of general circulation in the Philippines
Article 2, Civil Code as amended by EO 200
  No one shall be charged with notice of the statute’s provision until Legal Ethics

publication is completed and the 15-day period has expired. ======================================================================

 Under both the 1935 Constitution and the present Constitution, the President
Exception is both the head of State and the head of the government.
 Unless otherwise provided by the law which is Article 2, Civil Code
Unlike the Prime Minister under the 1973 Constitution (as amended), the
as amended by EO 200
 The exception refers to the 15-day period only and not the President is not a legislative leader with membership in Congress.
requirement of publication.
 Publication is indispensable, absence of which, will not render the He is purely an executive.
Constitutional Law
law effective.
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Tanada vs Tuvera
Civil Law  Bills of exchange
======================================================================
 are similar to checks and promissory notes
 Replevin suit
Banking Laws
 recovery of personal property ======================================================================

Sales, Property  Parricide

======================================================================
 any person who shall kill his father, mother, or child, whether
 Amicus curiae legitimate or illegitimate, or any of his ascendants, or descendants, or
his spouse, shall be guilty of parricide and shall be punished by the
 literally, it means a friend of the court penalty of reclusion perpetua to death

Legal Ethics
 Article 246, Revised Penal Code (Restored by Section 5, RA
====================================================================== 7659)
Criminal Law
 Counsel de oficio
 Juan is a Filipino citizen residing in Tokyo, Japan. What law(s) govern the
 a counsel, appointed or assigned by the court, from among such
intrinsic validity of the last will and testament which Juan executed while
members of the Bar in good standing who, by reason of their
sojourning in Switzerland
experience and ability, may adequately defend the accused
 Suggested answer:
 cannot be the object of contracts
 The intrinsic validity of his will is governed by Philippine law, it  however, they are considered property under the Code
being his national law. (Art. 16, Civil Code)
Property
Persons and Family Relations
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======================================================================
 The independent constitutional bodies - Civil Service Commission, the
 The real purpose of the Torrens System Commission on Elections, and the Commission on Audit

 is to quiet title to land and to stop forever any question as to its  are directly created by the Constitution
legality  are supreme within their own sphere

Land Titles and Deeds Constitutional Law

====================================================================== ======================================================================

 Exception to insurance in property in case of loss  Real obligation

 loss occurred before change of interest  the obligation to give

 change of interest in one or more distinct things separately insured
Oblicon
by one policy
 will or succession ======================================================================
 partnership, co-ownership (if the thing is jointly insured)  Bailee
Insurance Law
 is an individual who temporarily gains possession, but not
====================================================================== ownership, of a good or other property under a bailment
 What does Article IX of the 1987 Constitution contain?  is entrusted with the possession of the good or property by another
individual known as the bailor
 Constitutional Commissions
Sales

Constitutional Law ======================================================================

 Properties of public dominion pertaining to the State

 being outside the commerce of man  Declared policy of the State

  A public office
 The State recognizes the vital role of banks in providing an
environment conducive to the sustained development of the national  is the right, authority, and duty created and conferred by law by
economy and the fiduciary nature of banking that requires high which, for a given period either fixed by law or enduring at the
standard of integrity and performance. pleasure of the appointing power, an individual is invested with some
 In furtherance thereof, the State shall promote and maintain a stable portion of the sovereign functions of the government to be exercised
and efficient banking and financial system that is globally by him for the benefit of the public
competitive dynamic, and responsive to the demands of a developing  The individual so invested is a ‘public officer.’
economy. Constitutional Law

Banking Laws
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======================================================================
 Marriage
 What is an organic act?
 may be solemnized by any incumbent member of the judiciary
 an act of congress conferring powers of government upon a territory within the court’s jurisdiction
Constitutional Law
 Article 7, Family Code
====================================================================== Persons and Family Relations

 Laws are repealed only by subsequent ones, and their violation or non-
======================================================================
observance shall not be excused by disuse, or custom, or practice to the
contrary.  A carrier

When the courts declare a law to be inconsistent with the Constitution, the  is liable to its passengers for damages by mechanical defects of the
former shall be void and the latter shall govern. conveyance

Administrative or executive acts, orders, and regulations shall be valid only Oblicon, Transportation Law

when they are not contrary to the laws or the Constitution.

======================================================================
 Article 7, Civil Code  The generality principle refers to persons who may be made liable under the
Persons and Family Relations RPC, on the other hand, territoriality refers to where the law takes effect.
======================================================================
Criminal Law
======================================================================  from one office to another within the same business
 Existence of insurable interest establishment

Labor Law
 is an element of an insurance contract
 the insured possesses an interest of some kind susceptible of
pecuniary estimation, known as “insurable interest.” In general
(except in life insurance policies), a person is deemed to have an
insurable interest in the subject matter insured where he has a
relation or connection with or concern in it that he will derive
pecuniary benefit or advantage from its preservation and will suffer
pecuniary loss from its destruction or injury by the happening of the
event insured against.
Insurance Law

======================================================================

 Pacta sunt servanda

 Latin for "agreements must be kept”

 a brocard, is a basic principle of civil law, canon law, and
international law
 In its most common sense, the principle refers to private contracts,
stressing that contained clauses are law between the parties, and
implies that nonfulfillment of respective obligations is a breach of
the pact.

International Law

======================================================================

 Transfer; concept and meaning

 A transfer means a movement:

 from one position to another of equivalent rank, level or salary,

without a break in the service; or