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PLSSS HELP ME WITH THE FOLLLOWING QUETIONS MAAM/SIR Can you explain BRIEFLY the following questions? Thank you What is law in general and the divisions

PLSSS HELP ME WITH THE FOLLLOWING QUETIONS MAAM/SIR

Can you explain BRIEFLY the following questions? Thank you

  1. What is law in general and the divisions of law?
  2. What are the characteristics of Law?
  3. What are the sources of law and rules in interpretation of laws?
  4. What are the organization of courts in the Philippines?
  5. What are the classification of laws as to purpose and subject matter?
  6. What is meant by conclusive presumption of knowledge of law?

YOU MAY REFER HERE MAAM/SIR:

Law in general

-any rule of action or system of uniformity

General divisions of law

  1. With state intervention
  2. State Law
  3. Without state intervention
  4. Divine Law - derived from "Divine" providence
  5. Natural Law - based on the nature of a human and his sense of higher self
  6. Moral Law - founded on the principle of what is right or wrong
  7. Physical Law* - Laws of science

*differ as to subject

State law

  • Rule of conduct, just and obligatory, laid down by a legitimate authority, for common observance and benefit

Characteristics of a law are already embedded in its definition.

Sources of Law in the Philippines

  1. Constitution - Fundamental Law of the land
  2. Legislation - passed by the Congress
  3. Administrative orders, regulations, and rulings - issued by administrative officials under legislative authority for the purpose of effective and efficient enforcement of the Law.
  4. Jurisprudence - Supreme Court decisions. Principle of Stare Decisis.
  5. Customs - only applies in the absence of applicable law
  6. Others - supplemental in nature. i.e. legal opinions, decision of foreign tribunals etc

Rules in the interpretation of Law

  1. If the Law is clear, there is no room for interpretation, only application.
  2. Our courts are not merely courts of law but also a court of justice. Thus. No judge shall decline in rendering a judgement in cas eof obscurity in laws.

Who interprets the Law?

The courts has the sole prerogative in interpreting a Law.

Organization of Courts in the Philippines

  1. Regular courts - consist of Regional Trial Court, Court of Appeals and Supreme courts having general jurisdictions. Includes municipal, metropolitan, and circuit courts.
  2. Special courts - Have jurisdiction over special cases such as Sandiganbanbayan for graft and corruption, Court of Tax appeals for tax cases.
  3. Quasi-judicial agencies - administrative bodies granted with court-like powers such as NLRC, SEC, IC, LTFRB etc. Commissions formed by the constitution are not included (CSC, COA, COMELEC)

Classification of Laws

  1. As to purpose
  2. Substantive - creates, defined, and regulates right and duties
  3. Adjective - procedures by which right may be enforced or violations redressed
  4. As to subject matter
  5. Public - relationship between the state and its people
  6. Private - relationship between and among individuals

Ignorantia legis non excusat

There is a conclusive presumption in law that ignorance of which excuses no one. In this sense, everyone should be constructively informed through publication (Art 3 of CC)

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