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WorksheetsQuiz 01 Prelim LM 213
Total questions: 15
Worksheet time: 12mins
Investigation for information necessary to support legal decision-making.
(a)
A rule of conduct formulated and made obligatory by the legitimate power of the state.
Law
Statute
Regulation
Resolution
Body of rules and principles in accordance with which the powers of sovereignty are regularly exercised.
Constitution
Regulation
Ordinance
Inherent Powers of the State
A written instrument by which the fundamental powers of the government are established, limited, and defined and by which these powers are distributed among several departments or branches for their safe and useful exercise for the benefit of the people.
Philippine Legislature
Philippine Commission
Batasang Pambansa
Philippine Constitution
Rules and regulations promulgated by competent authorities; enactments of legislative bodies (national or local) or they may be rules and regulations of administrative (department or bureau) or judicial agencies.
Rulings of the Supreme Court
Statute Laws
Bill
Resolution of the House
Presidential Decrees were the innovation of
Ferdinand Marcos
Corazon Aquino
Fidel Ramos
Manuel Quezon
Acts of President which relate to a particular aspect of government operations in pursuance of his duties as administrative head shall be promulgated in --.
Administrative Orders
Presidential Decrees
Batas Pambansa
Executive Orders
Is a piece of legislation used to create a policy in order to carry out the principles of the Constitution. It is crafted and passed by the Congress of the Philippines and approved by the President of the Philippines. It can only be repealed by a similar act of Congress.
Presidential Decrees
Administrative Orders
Republic Act
Court Rulings
These are cases decided or written opinion by courts and by persons performing judicial functions.
Jurisprudence
Jurisdiction
Judiciary
Presidential Decrees
The following statements are true, except:
Presidential issuances which apply only to particular persons or classes of persons such as administrative and executive orders need not be published on the assumption that they have been circularized to all concerned.
The publication of presidential issuances "of a public nature" or "of general applicability" is a requirement of equal protection of the law.
Presidential decrees that provide for fines, forfeitures, or penalties for their violation or otherwise impose a burden or. the people, such as tax and revenue measures, fall within the category of presidential issuances "of a public nature" or "of general applicability".
The Supreme Court hereby orders Tuvera et al., to publish in the Official Gazette all unpublished presidential issuances which are of general application, and unless so published, they shall have no binding force and effect.
The Supreme Court promulgated this in the second Tanada vs. Tuvera case, except:
Without notice and publication, there would be no basis for the application of the maxim "ignorantia legis non excusat." It would be the height of injustice to punish or otherwise burden a citizen for the transgression of a law of which he had no notice whatsoever, not even a constructive one.
All laws as defined shall immediately upon their approval, or as soon thereafter as possible, be published in full in the Official Gazette, to become effective only after fifteen days from their publication, or on another date specified by the legislature, in accordance with Article 2 of the Civil Code.
The Supreme Court is not called upon to rule upon the wisdom of law or to repeal or modify it if we find it impractical. That is not our function. That function belongs to the legislature. Our task is merely to interpret and apply the law as conceived and approved by the political departments of the government in accordance with the prescribed procedure.
Interpretative regulations and those merely internal in nature, that is, regulating only the personnel of the administrative agency and not the public, need not be published.
"The Philippine Constitution does not require the publication of laws as a prerequisite for their effectivity, unlike some Constitutions elsewhere." was a statement of this Justice in his Concurring Opinion
Plana
Escolin
Fernando, CJ
Teehankee
The New Civil Code is a
General Statute
Special Statute
Specific Statute
Penal Statute
---was invoked by the petitioners in demanding the disclosure of a number of presidential decrees which they claimed had not been published as required by law.
Due Process
Equal Protection of the Laws
Right to Counsel
Right to Privacy
The ponente of the 1986 Tanada vs. Tuvera case:
Cruz
Escolin
Plana
Teehankee
