Political Law A
Sec. 1, Art. II of the 1987 Philippine Constitution provides: "The Philippines is a democratic and republican State. Sovereignty resides in the ______ and all government authority emanates from them.
Clue: 6 letters
People
_____ is the failure or neglect for an unreasonable and unexplained length of time to do that which by exercising due diligence could or should have been done earlier.
(Clue: similar to one of Sam Smith’s song)
Laches
He is a celebrity who was elected as Vice Mayor of Makati City in 1998. His proclamation was questioned because his opponent claims he was a dual citizen which is a disqualification under the Local Government Code.
Clue: E _ _ _ a _ _ _ n _
Edu Manzano
Are government employees allowed to strike? YES or NO?
NO. Although the Constitution recognizes their right to organize, they are not allowed to strike because it will result in temporary stoppage or disruption of public services.
It is a mode of acquiring ownership wherein a person disposes of a thing gratuitously and another accepts it.
Clue: First letter is D
Donation
Sec. 1, Art. III of the 1987 Constitution provides: "No person shall be deprived of life, liberty, or property without _______________ of law, nor shall any person be denied the equal protection of the laws."
Clue: 2 words; First word = 3 letters; Second word = 7 letters
Due process
Assume that you are a lawyer. Bhie approached you and sought your legal advice for her problem. This is what she told you.
"Two years ago, when he was still my boyfriend, he repeatedly promised me that he would marry me after his youngest sibling graduates from college and finds a stable job. He did not give me an engagement ring but his promise was enough for me. Last year, his youngest sibling graduated from college and found employment abroad. So, we started planning for our wedding. We had our clothes made, the church and the reception venues were reserved and paid for, and the invitations were already sent out to our family and friends. In fact, we also paid for the down payment of a townhouse where we could stay after we get married. Three months before our wedding, however, my boyfriend told me that I need to call off the wedding because he is not yet decided if he is ready to spend the rest of his life with me. Then, he left and went to the United States. This caused me so much pain and humiliation because our family and friends have already been informed about our wedding. Also, the church and reception venues have already been paid in full. I want to know if I can file a complaint against my now ex-boyfriend for suddenly breaking his promise to marry me."
Can Bhie file an action for damages? Yes or No?
Yes. Art. 21 of the Civil Code provides: "Any person who willfully causes loss or injury to another, in a manner contrary to morals, good customs or public policy shall compensate the latter for the damage." In relation to this, it is the general rule that a breach of promise to marry per se is not an actionable wrong. But to formally set a wedding and go through all the above-described preparation and publicity, only to walk out of it when the matrimony is about to be solemnized, is quite different. This is palpably and unjustifiably contrary to good customs for which defendant must be held answerable in damages in accordance with Article 21 aforesaid.
This is the power of the people to propose amendments to the Constitution or to propose and enact legislations through an election called for the purpose.
People's Initiative
What body has jurisdiction over intra-corporate disputes?
Clue: R _ _ i _ n _ _ _ r _ _ l C _ _ r _
Regional Trial Court (Special Commercial Courts)
_______ is a juridical necessity to give, to do or not to do. (Clue: Minsan ayaw natin nito HAHAHA)
Obligation (under Art. 1156, New Civil Code)
This is a term in law and communication that describes a situation where a speech or conduct is suppressed by fear of penalization at the interests of an individual or group.
Clue: C _ _ _ l _ _ g _ f _ _ c _
Chilling Effect
If a fruit of a tree planted on your neighbor's land falls on your land, to whom does that fruit belong?
a. My neighbor's
b. Mine
c. Both
b. Mine
Which of the following is not an independent constitutional commission? a. Commission on Audit; b. Commission on Elections; c. Commission on Human Rights; d. Civil Service Commission.
c. Commission on Human Rights
This refers to a person who is to be engaged, is engaged or has been engaged in a remunerated activity in a state of which he or she is not a citizen or on board a vessel navigating the foreign seas, other than a government ship used for military or non-commercial purposes, or on an installation located offshore or on the high seas.
Clue: O _ _ _ s _ _ _ _ i _ _ _ _ n _ _ o _ _ e _
Overseas Filipino Worker
If your dog escapes and bites our neighbor, will you be liable for damages?
Yes, because the possessor of an animal or whoever uses the same is resposible for damages which it may cause although it may escape or be lost. This is a strict liability which does not require intent.
A person under custodial investigation must be informed of his _______________, which are:
(a) the right to remain silent; (b) anything he says can and will be used against him in a court of law; (c) he has the right to talk to an attorney before being questioned and to have his counsel present when being questioned; and (d) if he cannot afford an attorney, one will be provided before any questioning if he so desires.
Clue: _ _ _ _ _ _ _ Rights
Miranda Rights
Can one file an action for damages based on a breach of promise to marry? YES or NO?
NO. Ordinarily, a mere breach of promise to marry is not an actionable wrong.
Name the three maritime zones of the territorial waters.
Clue: T _ _ r _ _ o _ i _ _ Sea, C _ _ t _ _ u _ _ s Zone, and E _ _ _ u _ i _ _ E _ _ _ o _ i _ Zone
Territorial Sea, Contiguous Zone, Exclusive Economic Zone
When a seafarer kills himself while he was engaged in the services of his employment, without any participation of another else, will he possibly be entitled to compensation? YES or NO?
Yes, if it is stipulated in the employment contract. This is an exception to the general rule that there can be no compensation for an employee's injury, death or disability by reason of his intoxication, notorious negligence, willful intention to injure or kill himself or another, or for other causes provided under the Labor Code.
______ refers to any unknown deposit of money, jewelry or other precious objects. It belongs to the person who owns the land where the same is found. If, however it was found by someone else, the following rules shall apply: 1.) If it is found by another person by pure chance, ½ of it belongs to him and ½ goes to the landowner. 2.) If the person who found it was given permission to find it, it's still divided 50-50. 3.) If it was found on government property, the 50-50 rule still applies. The other half goes to the government. 4.) If the finder is a stranger or a lessee/usufructuary, he is not entitled to a share. 5.) If the person who found it is an employee of the landowner, 50-50 once again. But if he was actually paid to look for the treasure, all he gets is his salary.
(Clue: _ _ _ d _ _ _ _ _ a _ _ r _ )
Hidden Treasure (under Art. 439, NCC)
This is a 1988 Australian television film about a love affair and the journey of a foreign correspondent set during the final years of Ferdinand Marcos' presidency in the Philippines, from the assassination of Benigno Aquino Jr. in 1983 to the People Power Revolution in 1986, as well as other key events that led to the ouster of Marcos.
Clue: A _ _ n _ e _ o _ s L _ _ e
A Dangerous Life
The following are authorized to solemnize marriage except:
a. consul general; b. airplane chief; c. governor; d. military commander of a unit
c. Governor.
The Family Code enumerates the persons allowed to solemnize marriage. 1. Consul general, consul or vice-consul provided both parties are Filipinos and marriage takes place abroad in the country where the consul holds office. (Art. 10) 2. Airplane chief or ship captain provided the marriage is performed (1) during voyage, even during stopovers, and (2) between passengers or crew members (Art. 31) 3. Military commander of a unit who is a commissioned officer provided the marriage is performed (1) in absence of chaplain, (2) within the zone of military operation, and (3) between members of the armed forces or civilians. (Art. 32)
A principle which provides that customary international law has the status of a peremptory norm of international law, accepted and recognized by the international community of states as a rule from which no derogation is permitted.
(Clue: _ o _ t _ _ _ _ _ f _ _ s _ _ _ e _ _ )
Doctrine of Jus Cogens.
Jus cogens or peremptory norm means a body of fundamental principles of international law which binds all states and does not allow any exceptions. It is basically a compilation of norms that lays down the international obligations which are essential for the protection of the fundamental interest of the international community.
Jus cogens imply absolute restrictions on genocide, slavery or slave trade, torture or other inhuman treatment, prolonged arbitrary detention, and racial discrimination. Any activity or treaty carried out by the states or international organizations that contradict human dignity and rights will offend the concept of jus cogens and thus, be void. (The Concept of Jus Cogens and the Obligation Under The U.N. Charter)
When students hold a protest in front of their classroom which prevents the professor to enter such room, is it considered an illegal strike as defined by Labor Code? YES or NO?
No because there is no employer-employee relationship between the professor and students. The protest is not governed by the Labor Code.
A latin maxim which means that the forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed. a. Lex rei sitae b. Lex loci celebrationis c. Lex prospicit non respicit d. Lex fori
ANSWER: b. Lex loci celebrationis.
The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed. (Art. 17, NCC)