QUIZ ANSWERS
Chapter 2
1) What are the two (2) theories as to what
philosophy should underlie the criminal law
system? Explain each theory. (5 points)
According to Prof. Lohel Martirez there are
two - theories as to what philosophy should
underlie the criminal law system:
✧classical or juristic
- centers on the belief that humans are
essentially moral beings with absolute
free will, capable of choosing between
good and evil based on their moral
judgment.
- It emphasizes individual accountability
for wrongful acts, provided that free will
remains unimpaired, and focuses on
the outcome or result of criminal
behavior, seeking to establish a direct
relationship between the crime and the
punishment imposed.
✧ positivist or realistic.
- Positivists assert that individuals are
occasionally compelled to commit
wrongful acts due to psychological or
social factors, and they are particularly
concerned with individuals they term
"socially dangerous."
- Crime, according to positivists, is a
social and natural phenomenon that
cannot be addressed through abstract
legal principles and predetermined
punishments. Instead, they advocate for
individualized investigations and
interventions conducted by experts like
psychiatrists and social scientists to
understand and address the underlying
causes of criminal behavior in each
case, emphasizing the need for social
defense against anti-social activities.
2) What are the three (3) theoretical
commitments under legal positivism? Explain
each. (6 points)
Legal positivism is characterized by three
theoretical commitments:
✧ The Social Fact Thesis:
- This thesis posits that the validity of a
law is determined by certain social
facts.
- For example, according to John Austin,
a rule is legally valid if it is commanded
by a sovereign in a society and is
enforced with the threat of sanctions.
- The critical social fact that imparts
validity, in this view, is the promulgation
of a law by a sovereign willing to
enforce it with sanctions.
✧The Conventionality Thesis:
- This commitment asserts that it is a
conceptual truth about law that its
validity can be ultimately explained by
criteria that are authoritative due to a
social convention.
- H.L.A. Hart, for instance, argues that the
criteria for legal validity are found in a
"rule of recognition" that outlines how
laws are created, changed, and
adjudicated.
- This rule of recognition is authoritative
because officials conventionally regard
its criteria as standards governing their
conduct as officials. Joseph Raz also
holds that the validity criteria are
authoritative because of a convention
among officials.
✧The Separability Thesis:
- according to the Separability Thesis,
there is no conceptual overlap between
the notions of law and morality.
- The Separability Thesis primarily
makes an object-level claim about the
conditions for legal validity. It asserts
that it is not a necessary truth that laws
must conform to moral principles,
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 although they may do so in practice.
- In other words, it suggests that a legal
system can exist without being
constrained by moral considerations,
implying that there is a possible legal
system where moral constraints on
legal validity are absent.
3) What is stare decisis et non quieta movere?
Explain. (4 points)
It established a 4-pronged test. The court
should:
"Stare decisis et non quieta movere"
- is a legal principle that translates to
"stand by the decisions and disturb not
what is settled."
- This principle emphasizes the
importance of legal precedent and the
concept of adhering to established
legal decisions and not disrupting
established legal doctrines.
- It is a foundational concept in the legal
system that promotes consistency and
stability in the law, enabling lawyers,
litigants, and judges to have a clear
understanding of the law in specific
contested cases.
- This principle ensures that past
decisions, especially those from higher
courts, are respected and followed in
similar cases, creating predictability
and order in the legal system.
- However, the application of this
principle is not absolute, and courts
may depart from precedent in certain
situations, particularly in constitutional
cases, when the old rule is found to be
intolerable, subject to special reliance,
no longer relevant, or justified by
changing circumstances.
The leading case in deciding whether a court
should follow the stare decisis rule in
constitutional litigations is Planned
Parenthood vs. Casey.
It established a 4-pronged test. The court
should:
(1) determine whether the rule has proved to
be intolerable simply in defying practical
workability;
(2) consider whether the rule is subject to a
kind of reliance that would lend a special
hardship to the consequences of overruling
and add inequity to the cost of repudiation;
(3) determine whether related principles of
law have so far developed as to have the old
rule no more than a remnant of an
abandoned doctrine; and,
(4) find out whether facts have so changed or
come to be seen differently, as to have
robbed the old rule of significant application
or justification,
4) What is bad man theory? (2 points)
The "Bad Man Theory,
- also known as the "prediction theory," is
a jurisprudential doctrine that suggests
that the best way to understand the law
is by considering it from the
perspective of a "bad person" or
someone who is solely interested in
avoiding the consequences the law
imposes.
- This theory, first adopted by Justice
Oliver Wendell Holmes, asserts that
legal analysis should focus on
predicting how the law affects
individuals, rather than delving into the
ethics or morals underlying the law. In
essence, it encourages looking at the
law through the eyes of someone who is
unconcerned with moral considerations
but is instead motivated by the desire to
avoid legal consequences, particularly
punitive measures imposed by the legal
system.
- The Bad Man Theory highlights the
practical and theoretical distinction
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between law and morality, emphasizing
the importance of understanding the
law as a set of rules with well-defined
limits, distinct from moral principles,
and guided by predictable material
consequences.
- It underscores the need to avoid
conflating moral and legal concepts, as
well as the practical and theoretical
importance of maintaining a clear
boundary between law and morals in
legal reasoning and analysis.
Chapter 3
5) What is a state? (3 points)
A state is often defined:
- as a community of persons, more or less
numerous, permanently occupying a
definite portion of territory,
independent of external controls, and
possessing a government to which a
great body of inhabitants render
habitual obedience.
6) What is sovereignty? (3 points)
Sovereignty
- Ours is a democracy where sovereignty
resides in the people whose sovereign
will is expressed through the ballot.
- It is, therefore, of paramount public
interest that the electoral dispute be
settled;
- Supreme and uncontrollable power
inherent in a State by which that State
is governed.
7) Give at least three (3) example of constituent
function of the State? (3 points)
President Wilson enumerates the constituent
functions as follows:
(1) The keeping of order and providing for
the protection of persons and property
from violence and robbery.
(2) The fixing of the legal relations
between man and wife and between
parents and children.
(3) The regulation of the holding,
transmission, and interchange of
property, and the determination of its
liabilities for debt or for crime.
(4) The determination of contract rights
between individuals.
(5) The definition and punishment of
crime.
(6) The administration of justice in civil
cases.
(7) The determination of the political
duties, privileges, and relations of
citizens.
(8) Dealings of the state with foreign
powers: the preservation of the state
from external danger encroachment and
the or advancement of its international
interests
8) Give at least two (2) example of ministrant
function of the State? (2 points)
Ministrant Functions are:
⛑️public works
🏫public education
🫱🏼‍🫲🏻‍public charity
🚑 health and safety regulations
💱regulations of trade and industry.
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9) True or False. Does the state has the duty to
de facto government are good and
protect those of tender years, unable to take
valid.
care of themselves? Explain. (5 points)
⚜️True
🧑🏽‍⚖️Duty of the State to protect those of Quiz No. 2
tender years unable to take care of Chapter 4
themselves 1) What is benevolent neutrality theory?
- The state, as parens patriae, is under
The benevolent neutrality theory
the obligation to minimize the risk of
- believes that with respect to these
harm to those, who, because of their
governmental actions, accommodation
minority, are as yet unable to take care
of religion may be allowed, not to
of themselves fully.
promote the government's favored form
- Those of tender years deserve its
of religion, but to allow individuals and
utmost protection.
groups to exercise their religion without
- Moreover, the injury in cases of rape is
hindrance;
not inflicted on the unfortunate victim
- What is sought under the theory of
alone. The consternation it causes her
accommodation is not a declaration of
family must also be taken into account.
unconstitutionality of a facially neutral
It may reflect a failure to abide by the
law, but an exemption from its
announced concern in the fundamental
application or its "burdensome effect,"
law for such institution.
whether by the legislature or the courts.
- It cannot be denied though that the
- But the more difficult religion cases
State as parens patriae is called upon
involve legislative acts which have a
to manifest an attitude of caring for secular purpose and general
the welfare of the young. applicability, but may incidentally or
inadvertently aid or burden religious
exercise.
10) Differentiate de facto and de jure - Though the government action is not
government? (5 points) religiously motivated, these laws have a
➳A de jure government "burdensome effect" on religious
exercise.
- ➶has a rightful title
- ㄨbut no power or control,
- either, because same has been 2) Differentiate free exercise clause and
withdrawn from it or because same has establishment clause.
not yet actually entered into the
the Free Exercise Clause
exercise thereof.
- prohibits government from inhibiting
➳A de facto government, religious beliefs with penalties for
- ➶exercises power or control religious beliefs and practice, while
- NB: protects individuals' rights to
- ㄨbut without legal title
practice their religion freely.
- It is a legal truism in political and
international law that all acts and
proceedings of the legislative,
executive, and judicial departments of a

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the Establishment Clause
- prohibits government from inhibiting
religious belief with rewards for
religious beliefs and practices.
- NB: prohibits the government from
establishing or endorsing a religion
3) Explain in brief one of the provisions in the
bill of rights which states that "the Separation of
church and state shall be inviolable.
The separation of Church and State shall be
⚜️
inviolable.
Thus, the state cannot enact laws which
● will aid or give preferential treatment
on one religion over another
● nor can any person be punished for his
religious beliefs.
4) What is clear and present danger rule?
the clear and present danger rule
- which rests on the premise that speech
may be restrained because there is
substantial danger that the speech will
likely lead to an evil ;the government
has a right to prevent.
- This rule requires that the evil
consequences sought to be prevented
must be substantive,
"extremely serious and the degree of
imminence extremely high.
"As articulated in our jurisprudence, we
have applied either the
⚜dangerous tendency doctrine or
⚜clear and present danger test
:.to resolve free speech challenges. More
recently, we have concluded that we
6) What are the 4 aspects of Freedom of the
have generally adhered to the clear and
Press? Explain each briefly.
present danger test.
5) What is balancing of interest test?
the balancing of interests tests,
used as a standard when courts need to
balance conflicting social values and
individual interests, and requires a
conscious and detailed consideration
of the interplay of interests observable
in a given situation of type of situation
**(insert)
The clash of rights demands a delicate
balancing of interests approach which is “a
fundamental postulate of constitutional law.”
The approach requires that we 'take
conscious and detailed consideration of the
interplay of interests observable in a given
type of situation.'
These interests usually consist in the
exercise of the individual of his
● basic freedoms and the
● government's promotion of
fundamental public interests or policy
objectives on the other.
In making a choice between
● the preservation of liberties and
freedom,
● the attainment of a better-ordered
society, on the other men have not
stopped debating.
The balance, the point of the weighing scale,
has moved hither and thither depending:
● on the needs of the times and
● on the kind of government involved.
*ps:not sure kindly double check
Four Aspects of Freedom of the Press.
Philippine jurisprudence, even as early as the
period under the 1935 Constitution, has
recognized four aspects of freedom of the
press. These are:
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(1) freedom from prior restraint
-this aspect pertains to the freedom
from official governmental
restrictions on the press or other
7)
forms of expression before
content-based regulations.
publication or dissemination. It
includes protection from government
censorship in various forms, such as
the requirement for approval before
publication, licensing or permits as
prerequisites for publishing, and
even injunctions against publication.
Any law or action that necessitates
permission prior to publication
infringes on this aspect of freedom
of the press.
(2) freedom from punishment
subsequent to publication;
- This aspect ensures that
individuals or entities are not
subjected to punishment or
penalties after their work has been
published. It protects against
government actions that aim to
punish or penalize individuals or
organizations for expressing their
views or disseminating information
through various media.
(3) freedom of access to information
-This aspect emphasizes the right to
access information and the free flow
of information, allowing the press to
gather news and report on matters
of public interest without
unwarranted restrictions. It supports
investigative journalism and the
public's right to be informed about
issues and events.
(4) freedom of circulation
-This aspect safeguards the ability
of media publications to circulate
freely, without undue interference or
restrictions on distribution. It
ensures that printed or digital
materials can reach their intended
audience without hindrance.
Differentiate content-neutral and
*ps:not sure kindly double check
(1) content-neutral regulation,
- i.e., merely concerned with the incidents
of the speech, or one that merely
controls the time, place or manner, and
under well defined standards;
- They require a substantial government
interest and must be narrowly tailored
to further that interest.
(2) content-based restraint or censorship,
- i.e., the restriction is based on the
subject matter of the utterance or
speech. The cast of the restriction
determines the test by which the
challenged act is assayed with.
- directly restrict speech based on its
subject matter and are subject to strict
scrutiny, meaning they are presumed
unconstitutional unless the government
provides a compelling reason to justify
the restrictions. Broadcast media,
historically regulated differently due to
factors like frequency scarcity and
pervasiveness, has faced challenges
with the emergence of digital
technology, leading to a reexamination
of regulatory models. The chilling effect
principle highlights the importance of
free speech and the marketplace of
ideas in a democratic society,
emphasizing the value of a robust and
unrestricted media for the public's
benefit.