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Laws and Jurisprudence Prepared by:  Arnel O. Rivera MAT-SS
<ul><li>Law is the group of obligatory rules established for the purpose of governing the relations of persons in society....
<ul><li>General (National) Laws </li></ul><ul><li>Ordinances (Local Laws) </li></ul><ul><li>International Laws </li></ul>K...
What is a legislation? <ul><li>It is the act or process of enacting laws. </li></ul><ul><li>This is effected through the a...
<ul><li>When the President signs it; </li></ul><ul><li>When the President  vetoes  it but the veto is overridden by 2/3 vo...
Characteristics of Law <ul><li>A rule of conduct.  It implies a norm of behavior. The law is essentially to govern man. </...
<ul><li>Laid down by the legitimate authority .  Laws can emanate only from the exercise of legislative power by the lawma...
General Rules <ul><li>“Ignorance of the law excuses no one from compliance therewith” (Art 3, NCC) </li></ul><ul><li>“Laws...
Constitution <ul><li>It is the fundamental, paramount, and supreme law of the nation. </li></ul><ul><li>It is a social con...
A. Doctrine of Constitutional Supremacy <ul><li>Under the doctrine of constitutional supremacy, if a law or contract viola...
What is the meaning of “equal protection of the law”? <ul><li>It is a constitutional guarantee of the equality of the pers...
<ul><ul><li>Case Analysis </li></ul></ul><ul><ul><li>The Secretary of DECS issued a memorandum implementing the rules that...
<ul><ul><li>Case Analysis </li></ul></ul><ul><ul><li>A group of teachers, students and pupils requested the Secretary that...
<ul><ul><li>Case Analysis </li></ul></ul><ul><ul><li>The Secretary denied their request. Is the denial valid? </li></ul></ul>
<ul><ul><li>NO.  As held in Ebralinag case, to compel students and teachers to take part in the flag ceremony when it is a...
Supreme Court’s Decisions <ul><li>Supreme Court’s Decisions establish jurisprudence or doctrines, which by the principle o...
What is the doctrine of  stare decisis ? <ul><li>It means that judicial decisions interpreting the law shall form part of ...
Distinction <ul><li>Ratio decidendi.  It refers to the very ruling of the court. It constitutes the judicial precedent. </...
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Laws and jurispudence

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Laws and jurispudence

  1. 1. Laws and Jurisprudence Prepared by: Arnel O. Rivera MAT-SS
  2. 2. <ul><li>Law is the group of obligatory rules established for the purpose of governing the relations of persons in society. </li></ul><ul><li>Law is a rule of conduct, just, obligatory, promulgated by legitimate authority, and of common observance and benefit (Roman Sanchez). </li></ul>What is a Law?
  3. 3. <ul><li>General (National) Laws </li></ul><ul><li>Ordinances (Local Laws) </li></ul><ul><li>International Laws </li></ul>Kinds of Law
  4. 4. What is a legislation? <ul><li>It is the act or process of enacting laws. </li></ul><ul><li>This is effected through the adoption of a bill (proposed law), which once approved, becomes a law. </li></ul>
  5. 5. <ul><li>When the President signs it; </li></ul><ul><li>When the President vetoes it but the veto is overridden by 2/3 vote of all the members of each House, </li></ul><ul><li>When the President does not act upon the measure within 30 days after it has been presented to him. </li></ul>Three methods by which a bill may become a law, to wit;
  6. 6. Characteristics of Law <ul><li>A rule of conduct. It implies a norm of behavior. The law is essentially to govern man. </li></ul><ul><li>Just. It must be morally satisfactory and intrinsically ethical. It determines the reciprocal duties and rights of men in their mutual dealings. </li></ul><ul><li>Obligatory. It must be enforced by the state. </li></ul>
  7. 7. <ul><li>Laid down by the legitimate authority . Laws can emanate only from the exercise of legislative power by the lawmaking body or as delegated by it to administrative agencies. </li></ul><ul><li>For the common observance and benefit. It must be for the common observance and benefit. </li></ul>
  8. 8. General Rules <ul><li>“Ignorance of the law excuses no one from compliance therewith” (Art 3, NCC) </li></ul><ul><li>“Laws shall have no retroactive effect, unless the contrary is provided” (Art 4, NCC) </li></ul><ul><li>“Laws relating to family rights and duties or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad.” (Art 15,NCC) </li></ul>
  9. 9. Constitution <ul><li>It is the fundamental, paramount, and supreme law of the nation. </li></ul><ul><li>It is a social contract that binds, by its terms and conditions, the people and their government in a civil society. </li></ul>
  10. 10. A. Doctrine of Constitutional Supremacy <ul><li>Under the doctrine of constitutional supremacy, if a law or contract violates any norm of the Constitution, that law or contract, whether promulgated by the legislative or by the executive branch or entered into by private persons for private purposes, is null and void and without any force and effect. </li></ul>
  11. 11. What is the meaning of “equal protection of the law”? <ul><li>It is a constitutional guarantee of the equality of the persons. </li></ul><ul><li>It guarantees LEGAL equality or equality of all persons before the law. “The goddess of justice is portrayed with a blindfold, not because she must be hindered in seeing where the right lies, but that she may not discriminate against suitors before her, dispensing instead an even handed justice to all.” </li></ul>
  12. 12. <ul><ul><li>Case Analysis </li></ul></ul><ul><ul><li>The Secretary of DECS issued a memorandum implementing the rules that the refusal of a teacher, student or a pupil to attend the flag ceremony is a ground for dismissal after due investigation. </li></ul></ul>
  13. 13. <ul><ul><li>Case Analysis </li></ul></ul><ul><ul><li>A group of teachers, students and pupils requested the Secretary that they be exempted from attending the flag ceremony on the ground that attendance thereto was against their religious belief. </li></ul></ul>
  14. 14. <ul><ul><li>Case Analysis </li></ul></ul><ul><ul><li>The Secretary denied their request. Is the denial valid? </li></ul></ul>
  15. 15. <ul><ul><li>NO. As held in Ebralinag case, to compel students and teachers to take part in the flag ceremony when it is against their religious beliefs will violate their religious freedom. </li></ul></ul>
  16. 16. Supreme Court’s Decisions <ul><li>Supreme Court’s Decisions establish jurisprudence or doctrines, which by the principle of stare decisis , all lower courts are duty bound to follow. </li></ul><ul><li>The doctrine of stare decisis requires adherence to judicial precedent. </li></ul>
  17. 17. What is the doctrine of stare decisis ? <ul><li>It means that judicial decisions interpreting the law shall form part of the Philippine legal system. The rule follows the legal maxim: “legis interpretado legis vim obtinet” (the interpretation placed upon the written law by a competent court has the force of law). </li></ul><ul><li>The interpretation placed by the courts establishes the contemporaneous legislative intent of the law. </li></ul>
  18. 18. Distinction <ul><li>Ratio decidendi. It refers to the very ruling of the court. It constitutes the judicial precedent. </li></ul><ul><li>Obiter dictum. It refers to the incidental statement not necessary to the resolution of the controversy before the court. </li></ul>
  19. 19. To download this file, go to: http://www.slideshare.net/ArnelSSI Thank Y u!

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