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SESSION 4: Law and the Legal System

Structured Learning Exercise: Word Association


LAW

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Concept of Law

finition of Law
w is a rule of conduct that is just and obligatory.
cted by a legitimate authority for the common g
andates what is right and what is wrong.
a source of both rights and obligations.
applicable to all persons similarly situated and m
able to apply toSLIDE
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present
and future condition
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Katangian ng Batas
1. Ito ay alituntunin ng pagkilos o
asal;
2. Ito ay ginawa at ipinahayag ng
may kapangyarihang gumawa
nito (legislative branch);
3. Ito
ay
kailangang
sundin
(obligatory) at ang di pagsunod
dito ay may katapat na parusa;
at

Sources of Law
1.Constitution
2.National Laws
3.Administrative
Issuances
4.Court Decisions
5.Treaties and
Executive

1. Constitution is the fundamental law of the


land. It is an instrument by which the powers
of the government are limited and defined,
and by which their powers are distributed
among several departments for their safe and
useful exercise for the benefit of the body
politic.
2. National Laws are laws enacted by the
Legislative or the Congress of the Philippines .
3. Administrative Issuances refer to executive
issuances by the President, which are means
to streamline the policy and programs of an
administration. They are intended to carry out
the implementation of national laws.

The various administrative issuances that may


be issued by the President are the following:
Executive Orders provide for rules of a
general
or
permanent
character
in
implementation or execution of constitutional
or statutory powers
Administrative Orders relate to particular
aspects of governmental operations in
pursuance of his duties as the administrative
head.
Proclamations fix a date or declare a
status or condition of public interest upon the
existence of which the operation of a specific
law or regulation is made to depend, and shall
have the force and effect of an executive
order.

Memorandum
Orders

matters
of
administrative detail or of a subordinate or
temporary interest that only concern a
particular officer or office of government.
Memorandum Circulars matters relating to
internal administration that must be brought to
the attention of all or some of the
departments, agencies, bureaus or offices of
the government for information or compliance.
General or Special Orders acts and
commands of the President in his or her
capacity as Commander in Chief of the Armed
Forces of the Philippines.

Court
Decisions
- Judicial decisions
applying or interpreting the laws or the
Constitution shall form part of the legal
system of the Philippines. (Art. 9, New Civil
Code)
Treaties and Executive Agreements refer
to international agreements that involve
political issues or changes in national policy or
those involving international arrangements of
permanent character. On the other hand,
international agreements embodying wellestablished national policies and traditions
and those involving arrangement of a more or
less temporary nature usually take the form of
executive agreements.

Ordinances and Resolutions are laws


passed by the LGUs in the exercise of
their legislative power. Ordinances are
intended to permanently direct and
control matters applying to persons and
things in general. They are expressive of
a law or regulation and have passed
three (3) readings. Resolutions, on the
other hand, are temporary in nature and
merely express an opinion or sentiment
of the law-making body. They need not
pass the required three (3) readings.

LAW Hierarchy

THE PHILIPPINE
LEGAL SYSTEM
The Philippines is a republic with a
presidential form of government wherein
power is equally divided among its three
branches: executive, legislative and
judicial. One basic corollary in a
presidential system of government is the
principle of separation of powerswherein
legislation belongs to Congress, execution
to the Executive, and settlement of legal
controversies to the Judiciary.

Three (3) Branches of


the Government

The Legislative
Department

Bicameral Congress of the Philippines


The Senate 24 senators
elected at large
a term of six years
The House of Representatives about
300 members
elected from legislative districts or
throughSLIDE
the party
list
system
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a term of
years

The Executive
Department
Article VII, Section 1 of
the 1987 Constitution
states that the executive
power shall be vested in
the President of the
Philippines.
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THE JUDICIAL
DEPARTMENT
One Supreme Court
One Chief Justice
14 Associate Justices
Many lower courts
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Separation of
Powers
LEGISLATIVE
law
making

EXECUTIVE law
enforcement
JUDICIARY law
application and
interpretation

Executive

Checks and
Balances

Exercises veto power over laws passed by Congress


Exercises the power to appoint magistrates of the courts upon
recommendation from the Judicial and Bar Council (JBC)

Legislative
Exercises the power of confirmation of cabinet members through the
Commission on Appointments (CA)
Initiates and tries the impeachment against the President, VicePresident and members of the Supreme Court, Constitutional
Commissions and the Ombudsman

Judiciary
Exercises judicial review or power to test the constitutional validity of
the executive or legislative acts
Congress may not increase the Supreme Courts appellate jurisdiction
without its advice or concurrence

TAGAPAGPAGANAP
(Executive)

LEHISLATURA
HUKUMAN
(Legislative)(Judiciary)

Limitations of the
Powers of the State:
Due Process Clause No person shall
be deprived of life, liberty or property
without due process of law (Art. III,
Sec.1, 1987 Constitution)
Equal Protection Clause - All persons
or things similarly situated should be
treated alike, both as to rights
conferred and responsibilities imposed.

Inherent Powers of the


State
Police Power the power to
restrain and regulate the
use of liberty and property
in promoting public
welfare.
Taxation the power to
impose financial burden
upon persons and property
as a means of raising
revenue to defray the
necessary expenses of the
government.

Rights of the People


The fundamental right of the
people to life, liberty and
property. Under the Due
Process Clause they are
understood as follows:
Life is the enjoyment of all
God given faculties that can
make ones life worth living.
Liberty freedom to enjoy all of
his faculties that makes ones
life worth living.
Property is anything that can
come under the right of
ownership and be the subject

5 Pillars

LAW ENFORCEMENT

PROSECUTION

NATURE AND SCOPE OF


WORK
Forefront of the criminal
justice system since it
directly deals with
citizens and to criminal
elements
Prevents and controls
crime, enforces laws,
effects arrests
Preliminary investigator
of cases and prosecutes
cases against offenders
Evaluates evidences,
extends free legal
assistance, decides on

AGENCIES AND BODIES


UNDER
Philippine National
Police (PNP)
National Bureau of
Investigation (NBI)
Philippine Drug
Enforcement Agency
(PDEA)
Provincial and Regional
State Prosecutors of the
DOJ
Investigators and
prosecutors of the Office
of the Ombudsman

COURTS

CORRECTIONS

The final arbiter of


cases and
controversies;
determines the guilty
from the innocent
Settles controversies
involving rights that
are demandable and
enforceable
Composed of institutional
and non-institutional
agencies
Facilitates the
correctional and
rehabilitation program for
offenders
Facilitates reintegration
to community life and
family life
Institutions and
organizations (both

Regional Trial Courts


Municipal Trial Courts
Sandiganbayan
Sharia Courts
Supreme Court

Provincial and city jails


Department of Social
Welfare and Development
New Bilibid Prison
Correctional Institution
for Women

Local governments
Civil society organizations

Relevance of the
Pillars of Criminal
nce of the Pillars Justice
of Criminal Justice
System:
System:

ng to the Supreme Court, the criminal justice system is to


e the public an effective system for the administration of
be the investigation of a crime, the prosecution of a criminal and
tencing of a penalty. IT is also necessary that it be conforms
uman rights standards.

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Relevance of the
Pillars of Criminal
necessary for citizens
to know these
pillars so they know if:
Justice
System:

he judicial system of the country is efficient and effective


hat those administering the decisions, directly or indirectly, does
ithout discrimination or any biases
onitoring the justice system, informal or formal, is the duty of th
o avoid wrongful convictions and promote restorative justice
the right of communities to demand accessible, speedy, i
d quality justice

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Thank You!

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