handout 1 introduction to law

7/21/2019 Handout 1 Introduction to Law

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Laws, Ethics, Specifications,

Contracts LAWS

binding customs or practices of acommunity formally recognized as enforced

by a controlling authority

ETHICS

are moral principles that govern a person’s

behavior or the conducting of an activity,e.g. business

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Laws, Ethics, Specifications,

Contracts SPECIFICATIONS

are technical details carefully calculatedand provided by either an individual or a

group of licensed professionals in acompany

CONTRACTS

are written or spoken agreement, especiallyone concerning employment, sales, ortenancy, that is intended to be enforceableby law

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I swear by Apollo, the healer, Asclepius, Hygieia, and Panacea, and I take to witness all the gods,all the goddesses, to keep according to my abil ity and my judgment, the following Oath andagreement:

To consider dear to me, as my parents, him who taught me this art; to live in common with himand, if necessary, to share my goods with him; To look upon his children as my own brothers, to

teach them this art; and that by my teaching, I will impart a knowledge of this art to my own sons,and to my teacher's sons, and to disciples bound by an indenture and oath according to themedical laws, and no others.

I will prescribe regimens for the good of my patients according to my ability and my judgment andnever do harm to anyone.

I will give no deadly medicine to any one if asked, nor suggest any such counsel; and similarly I willnot give a woman a pessary to cause an abortion.

But I will preserve the purity of my life and my arts.

I will not cut for stone, even for patients in whom the disease is manifest; I will leave this operation tobe performed by practitioners, specialists in this art.

In every house where I come I will enter only for the good of my patients, keeping myself far from allintentional ill-doing and all seduction and especially from the pleasures of love with women or

men, be they free or slaves.

All that may come to my knowledge in the exercise of my profession or in daily commerce withmen, which ought not to be spread abroad, I will keep secret and will never reveal.

If I keep this oath faithfully, may I enjoy my life and practice my art, respected by all humanity andin all times; but if I swerve from it or violate it, may the reverse be my life



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Introduction to LawLECTURE ONE

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Learning Objectives

Identify the basic functions of laws and theirclassifications

Discuss the legislative process in the Philippines

Enumerate and analyze some laws passed in thePhilippines

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What is LAW?

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What is LAW?

A set of principles, rules, and standards of conductthat

1. Have general application in the society

2. Have been developed by an authority for that society

3. Have an associated penalty imposed upon violations

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KEEPING PEACE

ENFORCING STANDARDS OF CONDUCT

AND MAINTAINING ORDER

FACILITATING PLANNING

PROMOTING SOCIAL JUSTICE



Classifications of Law

Substantive Law – sets out the rights and dutiesgoverning people as they act in societye.g. 1987 Philippine Constitution

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Procedural Law – establishes the rules under which thesubstantive law are enforced, e.g. Rules of the Courtof the Philippines (sets rules as to what cases a court

can decide, how a trial is conducted, and how a judgment by a court is to be enforced)

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Criminal Law – defines breaches of duty to society atlarge, e.g. Act No. 3815 Revised Penal Code of thePhilippines

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Civil Law – covers laws that establish private dutiesowed by one person (including corporations) toanother, e.g. RA 386 Civil Code of the Philippines

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Criminal Case Civil Case

Elements Intentional violation of a

statute

Harm to another person or

property; breach of acontract

Comparison between Criminal Case and Civil Case




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statute



Actors Prosecutor (government)vs Defendant (accused)

Plaintiff (wronged party)vs Defendant (partycausing harm)





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statute



Actors Prosecutor (government)vs Defendant (accused)

Plaintiff (wronged party)vs Defendant (partycausing harm)

Punishment Fines, imprisonment,execution Defendant may have topay the plaintiffcompensatory andpunitive damages




Philippine Laws

Philippine laws have had various nomenclaturedesignations at different periods in the history of thePhilippines

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Designation Abbreviation Form of Government Period

Act Act US sovereignty 1900- 1935

Commonwealth Act CA Philippine Commonwealth 1935 – 1946

Batas Pambansa BPModified parliamentaryrepublic

1978 – 1985

Presidential Decree PD Martial Law 1972 – 1986

Presidential Proclamation PP Martial Law 1972 – 1986

Executive Order EO Provisional Constitution 1986 – 1987

Presidential Proclamation PP Provisional Constitution 1986 – 1987

Republic Act RA Republic1946 – 72, 1987 -

present



How Philippine Laws Are

Made

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Made

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EXECUTIVE

LEGISLATIVE JUDICIARY




Made According to the 1987 Constitution, “the legislative

power shall be vested in the Congress of thePhilippines”

The Congress shall consist of a Senate (24 electedsenators) and a House of Representatives (maximumof 250, 20% of whom must be Party-list representatives)

The Congress is responsible for making and enablinglaws to make sure the spirit of the constitution is upheld

in the country and, at times, amend or change theconstitution itself

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Made

To craft laws, two main documents

are needed: bills and resolutions

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Made RESOLUTIONS – convey principles and sentiments of

the Senate or the House of Representatives. Theseresolutions can be further divided into three elements

Joint resolutions

Concurrent resolutions

Simple resolutions

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Made BILLS – are laws in the making.

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Made

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HB#?



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FirstReading

•the number and title of the bill is read

•referral to the appropriate committee for study

SecondReading

•bill is read in full along with amendments proposed by the committee

•bill is then subjected to debates and discussion by the members of theHouse where it was filed

•Voting of Bill: if disapproved, back to second reading after amendments

ThirdReading

•bill will be submitted for a final vote

•Approved: it shall be transmitted to the other House for concurrence

•If houses do not agree on some things, Conference Committees will haveto settle differences for approval by both houses

Readings of the Bill




Made

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2/3




Made

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Made BILLS – are laws in the making.

In summary…

Bills pass into law when they are approved by both

houses and the President of the Philippines.

A bill may be vetoed by the President, but the House of

Representatives may overturn a presidential veto by

garnering a 2/3 vote.

If the President does not act of a proposed law submitted

by Congress, it will lapse into law after 20 days of receipt

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References

House Committees of the Sixteenth Congress of the Philippines.

Retrieved on August 13, 2014 from www.congress.gov.ph

Introduction to Law. (n.d.). Retrieved on August 12, 2014 from

www.highered.mheducation.com

Senate Committees of the Sixteenth Congress of the Philippines.Retrieved on August 13, 2014 from www.senate.gov.ph

The Legislative Branch. Philippine Official Gazette. Retrieved on

August 12, 2014 from http://www.gov.ph/about/gov/the-

legislative-branch/

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http://www.congress.gov.ph/

http://www.highered.mheducation.com/

http://www.senate.gov.ph/

http://www.gov.ph/about/gov/the-


http://www.gov.ph/about/gov/the-legislative-branch/

http://www.gov.ph/about/gov/the-legislative-branch/


http://www.senate.gov.ph/

http://www.highered.mheducation.com/

http://www.congress.gov.ph/



ASSIGNMENT

Summarize a House Bill passed into Law (periodcovered, 2000 to present).

(online submission – instructions to the assignmentshall be posted online)

NOTE: No duplicate submission: No two or more students

shall submit the same law summary.

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handout 1 introduction to law

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