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Philippine Law and Legal Method
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Philippine Law and Legal Method
Philippine Law and Legal Method
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1
Question
What is a provisional remedy issued by a court to temporarily restrain a party from acting in a certain way while a case is pending?
Answer
It is known as a Temporary Restraining Order (TRO), which is immediately effective upon issuance unless otherwise stated.
2
Question
What constitutional basis protects the fundamental right to travel in the Philippines?
Answer
Article III, Section 6 of the 1987 Constitution protects the right to travel as a fundamental right subject only to limitations provided by law for national security, public safety, or public health.
3
Question
Define 'Due Process' as guaranteed by the Constitution.
Answer
Due Process is the constitutional guarantee that a person cannot be deprived of life, liberty, or property without proper legal procedures and safeguards. Any administrative or executive action must conform to due process standards.
4
Question
What is Statutory Construction in the context of legal method?
Answer
Statutory Construction is the art or process of interpreting and applying legislation, especially when the statute is unclear or ambiguous.
5
Question
What is the Administrative Code of 1987 and its limitation regarding fundamental rights?
Answer
The Administrative Code of 1987 outlines the structure, functions, and powers of the administrative departments of the Philippine government. It cannot be used to infer powers not explicitly granted, especially when such powers curtail fundamental rights.
6
Question
In Genuino v. De Lima, what was the main legal issue regarding the Secretary of Justice's authority?
Answer
The issue was whether the Secretary of Justice had legal authority under the Administrative Code to restrict a person's right to travel, and whether such restriction violated due process, especially in light of a Supreme Court TRO allowing travel.
7
Question
How did the Court apply legal method principles in Genuino v. De Lima?
Answer
The Court used statutory interpretation to examine the Administrative Code provisions, applied the constitutional guarantees of the right to travel and due process, and evaluated precedent reaffirming that limitations on fundamental rights require clear statutory basis.
8
Question
What is a Hybrid Legal System?
Answer
A Hybrid Legal System is a legal system composed of elements from both civil law and common law traditions.
9
Question
Differentiate between Civil Law and Common Law systems.
Answer
Civil Law is based on codified statutes and principles, where legislation is the primary source of law, while Common Law is based on judicial precedents and decisions made by courts.
10
Question
What does Legal Pluralism refer to?
Answer
Legal Pluralism is the coexistence of multiple legal systems within a single state or jurisdiction.
11
Question
What are Customary Laws?
Answer
Customary Laws are traditional laws and practices accepted as binding within a particular community.
12
Question
Define Judicial Power in the Philippine legal system.
Answer
Judicial Power is the authority vested in courts to interpret and apply the law and settle legal disputes.
13
Question
Explain the doctrine of Separation of Powers.
Answer
Separation of Powers is a constitutional doctrine that allocates government powers among the executive, legislative, and judicial branches to prevent concentration of power.
14
Question
What are Checks and Balances?
Answer
Checks and Balances are systems allowing each branch of government to amend or veto acts of another branch to prevent abuse of power.
15
Question
What is Judicial Review?
Answer
Judicial Review is the power of courts to declare laws or executive actions unconstitutional.
16
Question
What is the Principle of Non-Delegation of Powers?
Answer
It is a legal maxim stating that powers conferred by law cannot be delegated unless expressly authorized.
17
Question
Explain the Doctrine of Incorporation in context of international law.
Answer
The Doctrine of Incorporation holds that generally accepted principles of international law are considered part of the national law of the land.
18
Question
What does the Latin maxim 'Pacta Sunt Servanda' mean?
Answer
It means 'agreements must be kept,' referring to the obligation of states to honor treaties.
19
Question
Describe the Political Question Doctrine.
Answer
The Political Question Doctrine limits judicial review by deeming certain issues as best resolved by political branches rather than courts.
20
Question
Define 'Grave Abuse of Discretion' as a ground for judicial review.
Answer
It is a capricious or whimsical exercise of judgment equivalent to lack of jurisdiction that justifies judicial intervention.
21
Question
What is the fundamental law of the land that assigns government powers and contains basic rights?
Answer
The Constitution is the fundamental and supreme law laying down government framework, assigning powers, and containing basic rights.
22
Question
What is Constitutional Supremacy?
Answer
Constitutional Supremacy is the principle that the Constitution overrides any conflicting law or contract; laws contrary to the Constitution are null and void.
23
Question
How is 'verba legis' applied in constitutional interpretation?
Answer
Verba legis means the words of the Constitution are given their ordinary meaning unless technical; courts primarily interpret using the language of the text.
24
Question
What does 'ratio legis est anima' signify in legal interpretation?
Answer
It means 'the reason or spirit of the law is its soul'—used when language is ambiguous, courts look into intent and history.
25
Question
Explain the interpretive principle 'Ut magis valeat quam pereat.'
Answer
It means the Constitution must be interpreted as a whole, harmonizing provisions to avoid rendering any part ineffective.
26
Question
Differentiate Textualism and Originalism in constitutional interpretation.
Answer
Textualism emphasizes the actual words and context used, while Originalism focuses on the original intent or meaning at the time the Constitution was drafted.
27
Question
What is the Stare Decisis principle?
Answer
Stare Decisis is the legal doctrine where courts adhere to precedent for stability and predictability in law.
28
Question
What is meant by Prospective Application of Constitutional Provisions?
Answer
It means constitutional rights generally apply only after they become effective, and are not applied retroactively unless expressly stated.
29
Question
Differentiate between Mandatory and Directory Constitutional Provisions.
Answer
Mandatory provisions require strict compliance or acts are void; Directory provisions guide action but allow flexibility if substantial compliance achieves legislative intent.
30
Question
What distinguishes Self-Executing from Non-Self-Executing Constitutional Provisions?
Answer
Self-Executing provisions are enforceable immediately by courts without additional legislation; Non-Self-Executing provisions require enabling laws to be implemented.