JD107 Introduction to Law (Module 1-9)

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This deck includes 200 flashcards covering sanchez roman, public law, private law, and related concepts. Use it to review key Government ideas, focus on weak cards, and prepare for your exam with StudyLess.

1. 01

   What are the two senses of the word "law"?

   Broad sense: any rule of action applicable to all objects of creation. Strict legal sense: the rule of human conduct laid down and enforced by the State.

2. 02

   Define law in its strict legal sense.

   The rule of human conduct laid down and enforced by the State.

3. 03

   What is the definition of law by Sanchez Roman?

   A rule of conduct, just and obligatory, laid down by legitimate authority for common observance and benefit.

4. 04

   What are the four elements of law derived from Sanchez Roman's definition?

   1. Rule of Conduct, 2. Must Be Just, 3. Obligatory, 4. Prescribed by legitimate authority.

5. 05

   What is the 'Rule of Conduct' element of law?

   Law is a guide for how each individual acts in relation to others and to the community.

6. 06

   What does it mean for law to 'Must Be Just'?

   Laws should run as golden threads through society, so that law may approach its supreme ideal—the sway and dominance of justice.

7. 07

   What is the 'Obligatory' element of law?

   If a law is not enforced, its purpose is defeated. A rule that no one is bound to follow ceases to be a rule.

8. 08

   What does 'Prescribed by legitimate authority' mean for law?

   The people cannot be expected to obey a rule that was not issued by someone with the power to bind them.

9. 09

   Why do we have law? (Three main reasons)

   1. Maintains social order, 2. Resolves disputes, 3. Protects rights & liberties.

10. 10

    How does law maintain social order?

    It sets shared, predictable rules so people can live and cooperate together instead of by force.

11. 11

    How does law resolve disputes?

    It provides a peaceful, impartial way to settle conflicts—courts instead of private vengeance.

12. 12

    How does law protect rights & liberties?

    It secures life, liberty, and property, and restrains the powerful—including the State itself.

13. 13

    What are the pairs in the taxonomy of law?

    Natural/Positive, Divine/Human, General/Special, Mandatory/Directory, Prospective/Retrospective.

14. 14

    What is the structure of the courts in the Philippines?

    Supreme Court → Court of Appeals, Sandiganbayan, Court of Tax Appeals → Regional Trial Courts → First-level courts.

15. 15

    Distinguish between Public Law and Private Law.

    Public Law: Governs the State and its relations with citizens; public interest is at stake. Private Law: Governs relations between private persons; private wrong is redressed at the injured party's suit.

16. 16

    What are the branches of Public Law?

    Constitutional law, Administrative law & law on public officers, Criminal law, Taxation law, Public international law.

17. 17

    What are the branches of Private Law?

    Law on persons and family relations, Property, Obligations and contracts, Succession, Commercial / mercantile law.

18. 18

    Distinguish between Substantive Law and Remedial (Procedural) Law.

    Substantive Law: Creates, defines, and regulates rights and duties. Remedial Law: Provides the method and machinery to enforce those rights.

19. 19

    What is the hierarchy of sources of law, from top to bottom?

    The Constitution, Statutes & treaties, Judicial decisions, Administrative rules.

20. 20

    What is the authority of the Constitution as a source of law?

    It is the supreme law; any lower rule inconsistent with it is void.

21. 21

    What is the authority of Statutes & Treaties as sources of law?

    Enacted by Congress; a treaty binds once concurred in by the Senate.

22. 22

    What is the authority of Judicial Decisions as sources of law?

    Under Art. 8, evidence of what the laws mean.

23. 23

    What is the authority of Administrative Rules as sources of law?

    Agency rules that must not exceed the enabling statute.

24. 24

    What are the sources of law, one by one?

    Constitution, Legislation, Treaties & int'l law, Judicial decisions, Custom, Reason & equity.

25. 25

    What is the role of Custom as a source of law?

    A practice long and generally observed as law, recognized to a limited extent, and it must be proved.

26. 26

    What are the five requisites for custom to have the force of law?

    1. Proved as a fact, 2. Not contrary to law, 3. Repeated acts, 4. Uniformly performed, 5. Acknowledged by society.

27. 27

    What are the three legal traditions that shaped Philippine law?

    Roman law (via Spain), Common law (via the United States), Muslim law (via P.D. 1083).

28. 28

    What are the key characteristics of Civil Law?

    Roots in Roman law; spread by Spanish and French codes. Written codes are the primary source.

29. 29

    What are the key characteristics of Common Law?

    Roots in England; carried to the United States, then to the Philippines. Judge-made precedent is a primary source; binding precedent (stare decisis) is central.

30. 30

    What is the legacy of Common Law in the Philippines?

    Due process of law, Judicial review, Stare decisis, The adversarial trial, Habeas corpus & the writs, A written Bill of Rights.

31. 31

    What is judicial power?

    The authority to hear and decide cases, with two dimensions: traditional (settle actual controversies) and expanded (determine grave abuse of discretion).

32. 32

    What are the two dimensions of judicial power?

    1. Traditional power: to settle actual controversies involving rights that are legally demandable and enforceable. 2. Expanded power: to determine whether any branch of government acted with grave abuse of discretion amounting to lack or excess of jurisdiction.

33. 33

    How are courts classified?

    Constitutional/Statutory, Original/Appellate, General/Special, Superior/Inferior.

34. 34

    What does the Supreme Court do?

    Judicial review, Original jurisdiction, Appellate review, Rule-making & supervision.

35. 35

    What are the intermediate appellate courts?

    Court of Appeals (principal appellate court), Sandiganbayan (anti-graft court), Court of Tax Appeals (tax court).

36. 36

    What are the trial courts?

    Second-level: Regional Trial Courts (RTC). First-level: Metropolitan, Municipal, and Municipal Circuit Courts.

37. 37

    What is the doctrine of hierarchy of courts?

    Litigants should file with the lowest court that can grant the relief, not directly to the Supreme Court.

38. 38

    Why does the doctrine of hierarchy of courts exist?

    It shields the Supreme Court from being flooded with cases that lower courts can resolve, allowing it to focus on questions of national importance.

39. 39

    What are the exceptions to the doctrine of hierarchy of courts?

    Direct resort is allowed for pure questions of law, matters of transcendental importance, or where only the Supreme Court can give the relief.

40. 40

    Is the practice of law a right or a privilege?

    It is a privilege burdened with conditions, granted only to those of proven fitness and learning, and may be withdrawn for cause.

41. 41

    What is a lawyer's role in relation to the court?

    A lawyer is an officer of the court, not merely an agent of a client, owing duties to the court and society that can outweigh a client's wishes.

42. 42

    Who regulates the practice of law in the Philippines?

    The Supreme Court alone.

43. 43

    What are the personal qualifications for admission to the bar?

    Citizen of the Philippines, at least 21 years of age, resident of the Philippines, of good moral character.

44. 44

    What are the academic qualifications for admission to the bar?

    Bachelor's degree with required pre-law subjects, law degree from a recognized school, completion of bar subjects and CLEP.

45. 45

    Who administers the Bar Examinations?

    The Supreme Court, through the Bar Examination Committee chaired by a sitting Justice.

46. 46

    What is the passing average for the Bar Examinations?

    A general weighted average of 75%, with no grade falling below 50% in any subject.

47. 47

    What are the four steps to become a lawyer after passing the exam?

    1. Take the Lawyer's Oath, 2. Sign the Roll of Attorneys, 3. Join the Integrated Bar, 4. Keep up with MCLE.

48. 48

    What are the four-fold duties of a lawyer?

    To society, To the courts, To the legal profession, To the client.

49. 49

    What are a lawyer's duties to society?

    Uphold the Constitution and rule of law, promote justice, make legal service available.

50. 50

    What are a lawyer's duties to the courts?

    Candor and honesty, respect for the court, assistance in speedy and efficient administration of justice.

51. 51

    What are a lawyer's duties to the legal profession?

    Uphold integrity and dignity of the bar; deal with fellow lawyers in good faith and courtesy.

52. 52

    What are a lawyer's duties to the client?

    Competence, diligence, loyalty, confidentiality, faithful accounting for money and property.

53. 53

    What is the lawyer's code in the Philippines?

    The Code of Professional Responsibility and Accountability (CPRA), which replaced the 1988 Code of Professional Responsibility.

54. 54

    What does the word 'Accountability' signify in the CPRA?

    It signals a shift from mere responsibility to a duty to answer for one's conduct.

55. 55

    What are the six canons of the CPRA?

    Independence, Propriety, Fidelity, Competence & Diligence, Equality, Accountability.

56. 56

    What does the canon of 'Independence' in the CPRA mean?

    Act free from improper influence or pressure, whether from clients, government, or self-interest.

57. 57

    What does the canon of 'Propriety' in the CPRA mean?

    Behave with honesty, dignity, and courtesy—in the office, in court, and online.

58. 58

    What does the canon of 'Fidelity' in the CPRA mean?

    Give faithful, loyal service to the client's cause; guard confidences and avoid conflicts of interest.

59. 59

    What does the canon of 'Competence & Diligence' in the CPRA mean?

    Possess the needed skill and knowledge, and act promptly and carefully.

60. 60

    What does the canon of 'Equality' in the CPRA mean?

    Treat all persons fairly; use dignified, gender-fair, and culturally sensitive language.

61. 61

    What does the canon of 'Accountability' in the CPRA mean?

    Answer for client funds and property, obey lawful court orders, and uphold the rules of ethics.

62. 62

    What are a lawyer's duties to the court regarding candor and good faith?

    Never mislead the court by a false statement of fact or law, nor conceal controlling authority.

63. 63

    What is the duty regarding 'No falsehood' for a lawyer in court?

    Do not offer evidence known to be false, nor assist a client in fraud upon the court.

64. 64

    What is the duty regarding 'Respect' for a lawyer towards the court?

    Maintain a respectful attitude toward the court—firmness is proper; contempt and insult are not.

65. 65

    What is the duty to 'Aid the administration of justice' for a lawyer?

    Be punctual and prepared; do not misuse procedure to harass, delay, or clog the docket.

66. 66

    What are a lawyer's duties to the client regarding competence and diligence?

    Handle the matter with the required skill and attention; neglect of a legal matter is itself a breach.

67. 67

    What are a lawyer's duties to the client regarding fidelity and loyalty?

    Devote full loyalty to the client's cause, keeping the client informed of the case's progress.

68. 68

    What is the duty to 'Avoid conflicts of interest' for a lawyer?

    Do not represent conflicting interests except by the written informed consent of all concerned.

69. 69

    What is the duty of 'Confidentiality' for a lawyer?

    Preserve the client's secrets and confidences—the privilege survives even the end of the engagement.

70. 70

    What is the duty regarding 'Accounting of funds' for a lawyer?

    Hold client money in trust, keep it separate, account for it, and return any balance on demand.

71. 71

    What is the duty regarding 'Reasonable fees' for a lawyer?

    Charge only fair and reasonable fees; do not acquire an interest adverse to the client's cause.

72. 72

    What is the range of sanctions for lawyer misconduct?

    Reprimand/admonition, Fine, Suspension, Disbarment.

73. 73

    What is the ultimate penalty for a lawyer's misconduct?

    Disbarment—the name is struck from the Roll of Attorneys.

74. 74

    What is the constitutional framework of the Philippine government?

    Separation of powers among Legislative, Executive, and Judicial branches, with checks and balances.

75. 75

    What are the three branches of government in the Philippines?

    Legislative (Congress), Executive (President), Judicial (The Courts).

76. 76

    What is the principle of Separation of Powers?

    Legislative, executive, and judicial power are lodged in separate departments so that no single branch can concentrate all the power of government in itself.

77. 77

    What is the companion principle to Separation of Powers?

    Checks and balances—each branch is given some check over the others, so the three must cooperate to govern.

78. 78

    How does the Executive branch check the Legislature?

    The President may veto a bill passed by Congress.

79. 79

    How does the Legislature check the Executive?

    Congress confirms key appointments and may impeach.

80. 80

    How does the Judiciary check both the Executive and Legislature?

    Courts may declare a law or executive act unconstitutional—judicial review.

81. 81

    How does the Legislature check the Judiciary?

    Congress defines the courts' jurisdiction.

82. 82

    How does the Executive check the Judiciary?

    The President appoints justices and judges.

83. 83

    What are the three inherent powers of the State?

    Police Power, Eminent Domain, Taxation.

84. 84

    What is Police Power?

    To regulate liberty and property for the public welfare—health, safety, morals, order. No compensation is owed for a valid regulation.

85. 85

    What is Eminent Domain?

    To take private property for public use, upon payment of just compensation.

86. 86

    What is Taxation?

    To raise revenue to fund government. Must be uniform and equitable.

87. 87

    How do Police Power, Eminent Domain, and Taxation compare?

    What it does: regulates (Police), takes property (Eminent Domain), collects revenue (Taxation). Compensation: none (Police), just compensation (Eminent Domain), protection & benefits (Taxation).

88. 88

    What is the people's shield against government power?

    The Bill of Rights (Article III).

89. 89

    What is Due Process under the Bill of Rights?

    No deprivation of life, liberty, or property without due process of law.

90. 90

    What is Equal Protection under the Bill of Rights?

    The law must treat those similarly situated alike.

91. 91

    What does the Bill of Rights guarantee regarding Searches & Seizures?

    Protection against unreasonable searches; warrants on probable cause.

92. 92

    What does the Bill of Rights guarantee regarding Speech & Assembly?

    Freedom of expression, press, and peaceable assembly.

93. 93

    What rights are guaranteed to the accused under the Bill of Rights?

    Presumption of innocence, counsel, speedy trial.

94. 94

    What are the four fields of public law that grow out of the constitutional framework?

    Election Law, Administrative Law, Law on Public Officers, International Law.

95. 95

    What is Election Law concerned with?

    Suffrage, the COMELEC, and the conduct of elections.

96. 96

    What is Administrative Law concerned with?

    The rules for agencies and how they act.

97. 97

    What is Law on Public Officers concerned with?

    Governs how officials serve.

98. 98

    What is International Law concerned with?

    The law that governs relations among States.

99. 99

    What are the requirements for suffrage (who may vote)?

    A citizen of the Philippines, at least 18 years of age, a resident.

100. 100

     What is the role of the COMELEC?

     An independent constitutional commission that enforces election laws, registers parties/candidates, and decides election contests.

101. 101

     What are the powers of administrative agencies?

     Quasi-legislative (issue rules), Quasi-judicial (hear and decide cases), Enforcement (investigate, license, inspect).

102. 102

     What is the principle of 'Exhaust administrative remedies'?

     A party must first pursue relief within the agency before running to the courts.

103. 103

     What does it mean for a public office to be a public trust?

     Public officers must be accountable, serve with responsibility, integrity, loyalty, and efficiency, and lead modest lives.

104. 104

     What is accountability for public officers?

     Officers answer for their conduct through administrative, civil, and criminal liability.

105. 105

     How are the highest public officials removed from office?

     By impeachment for defined grave offenses.

106. 106

     What is the role of the Ombudsman & Sandiganbayan?

     Guard against graft; the anti-graft court tries erring officials.

107. 107

     What is Public International Law?

     The body of rules that governs relations between States and other subjects of the international community.

108. 108

     What are the principal sources of Public International Law?

     Treaties & conventions, Customary international law, General principles of law, Teachings & judicial decisions.

109. 109

     What is the Doctrine of Incorporation?

     The Philippines adopts the generally accepted principles of international law as part of the law of the land (Art. II, §2).

110. 110

     What are the foundations of Civil Law?

     The Civil Code, Persons & Family Relations, Property & Ownership, Obligations & Contracts, Torts & Damages.

111. 111

     What is the Civil Code of the Philippines?

     Republic Act No. 386, patterned on the Spanish Civil Code, governing private relations.

112. 112

     What are the four books of the Civil Code?

     Book I: Persons and Family Relations, Book II: Property, Ownership, and its Modifications, Book III: Different Modes of Acquiring Ownership, Book IV: Obligations and Contracts.

113. 113

     What is legal personality in Civil Law?

     The capacity to hold rights and owe duties; recognized in Natural Persons (human beings) and Juridical Persons (entities treated as persons).

114. 114

     What are the two kinds of legal personality?

     Natural Persons (human beings) and Juridical Persons (entities like corporations, states).

115. 115

     What is Marriage according to the Family Code?

     A special contract of permanent union between a man and a woman—an inviolable social institution.

116. 116

     What are the essential requisites of Marriage?

     Legal capacity of the parties, and their consent freely given before a solemnizing officer.

117. 117

     What are the formal requisites of Marriage?

     Authority of the solemnizing officer, a valid marriage license, and the marriage ceremony.

118. 118

     What is the classification of things in property law?

     Immovable (real) property (land, buildings) and Movable (personal) property (transportable things).

119. 119

     What are the modes of acquiring ownership?

     Occupation, Intellectual creation, Donation, Succession, Prescription, Law · Tradition · Contract.

120. 120

     What is an obligation in Civil Law?

     A juridical necessity to give, to do, or not to do.

121. 121

     What are the four elements of an obligation?

     Active subject (creditor), Passive subject (debtor), Prestation (object), Juridical or legal tie.

122. 122

     What are the sources of obligations?

     Law, Contracts, Quasi-contracts, Delicts (crimes), Quasi-delicts (torts).

123. 123

     What is a contract?

     A meeting of minds whereby one binds himself, with respect to the other, to give something or render some service.

124. 124

     What are the three essential requisites of a contract?

     1. Consent, 2. Object certain, 3. Cause of the obligation.

125. 125

     What is civil liability for fault (quasi-delict)?

     Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done.

126. 126

     What are the elements of a quasi-delict?

     An act or omission, Fault or negligence, Damage caused to another, A causal connection between the fault and the damage, No pre-existing contract between the parties.

127. 127

     What are the fundamental principles of Criminal Law protecting the accused?

     Legality, Presumption of innocence, Proof beyond reasonable doubt, Prospectivity (with a twist).

128. 128

     What is Legality in criminal law?

     Nullum crimen, nulla poena sine lege—no crime and no penalty without a law defining it beforehand.

129. 129

     What is the Presumption of Innocence?

     The accused is presumed innocent until the contrary is proven.

130. 130

     What is the standard for Proof beyond reasonable doubt?

     To convict, the prosecution must prove guilt—and every element—to a moral certainty.

131. 131

     What is the 'twist' on Prospectivity in criminal law?

     Penal laws apply prospectively, but a new law favorable to the accused applies retroactively.

132. 132

     What two things may the legislature never do regarding penal laws?

     Ex post facto law (penal law that hurts the accused by reaching into the past) and Bill of Attainder (law that punishes without a trial).

133. 133

     What is an ex post facto law?

     A penal law that reaches into the past to hurt the accused by making an act criminal, increasing penalty, or easing evidence requirements after the fact.

134. 134

     What is a Bill of Attainder?

     A law that punishes without a trial, where the legislature declares guilt and imposes penalty.

135. 135

     What is a felony?

     Acts and omissions punishable by the Revised Penal Code, committed by means of dolo (deceit/intent) or culpa (fault/negligence).

136. 136

     What are the two general elements of every felony?

     1. An act or omission, 2. Punishable by law.

137. 137

     What are the two ways to incur criminal liability?

     Intentional felony (dolo) and Culpable felony (culpa).

138. 138

     What are the required elements for an Intentional Felony (dolo)?

     Freedom (acting voluntarily), Intelligence (capacity to know right from wrong), Intent (purpose to do the act).

139. 139

     What are the required elements for a Culpable Felony (culpa)?

     Freedom (acting voluntarily), Intelligence (capacity to know right from wrong), Negligence or imprudence (lack of foresight or skill).

140. 140

     What is the prosecutor's mindset for proving a crime?

     1. Name the crime and find its elements. 2. For each element, ask for proof. 3. If one element lacks proof, the case fails. 4. Doubt on any element favors the accused.

141. 141

     What are the stages of an intentional felony?

     1. Attempted, 2. Frustrated, 3. Consummated.

142. 142

     What is an Attempted felony?

     The offender begins the crime by overt acts but does not complete all acts of execution.

143. 143

     What is a Frustrated felony?

     The offender performs all acts that would produce the crime, but it is not produced for reasons independent of his will.

144. 144

     What is a Consummated felony?

     All the elements are present—the crime is complete.

145. 145

     What are circumstances affecting criminal liability?

     Justifying (removes liability), Exempting (removes liability), Mitigating (lowers penalty), Aggravating (raises penalty), Alternative (either way).

146. 146

     What is a Qualifying Circumstance?

     A circumstance that changes the nature and name of the crime, requiring it to be alleged and proven like an element.

147. 147

     How does treachery qualify homicide to murder?

     Treachery involves attacking suddenly so the victim cannot defend.

148. 148

     What is the difference between substantive law and remedial law?

     Substantive law creates and defines rights and duties; remedial law provides the method to enforce those rights.

149. 149

     What are the bodies of rules in Remedial Law?

     Civil Procedure, Criminal Procedure, Evidence, Special Proceedings.

150. 150

     What is 'Cause of action' in Remedial Law vocabulary?

     The act or omission that violates a right.

151. 151

     What is 'Jurisdiction' in Remedial Law?

     The court's power to decide a case.

152. 152

     What are the types of jurisdiction a court can have?

     Over the subject matter, Over the person, Over the res/property, Over the issue.

153. 153

     What is the path of a civil case?

     Complaint → Summons & Answer → Pre-trial → Trial → Judgment → Appeal / Execution.

154. 154

     What is the path of a criminal case?

     Complaint → Preliminary investigation → Information → Arraignment & Plea → Trial → Judgment.

155. 155

     What are the types of evidence?

     Object (real), Documentary, Testimonial.

156. 156

     What are the burdens of proof in different types of cases?

     Civil: preponderance of evidence; Criminal: proof beyond reasonable doubt; Administrative: substantial evidence.

157. 157

     What is the doctrine in Tijam v. Sibonghanoy regarding jurisdiction?

     A party who litigates for years and attacks jurisdiction only after losing may be barred by estoppel by laches.

158. 158

     What is the doctrine in Gios-Samar, Inc. v. DOTC regarding the hierarchy of courts?

     Direct resort to the Supreme Court is proper only for pure questions of law; fact-bound disputes belong in trial courts.

159. 159

     What is the 'fresh period rule' from Neypes v. Court of Appeals?

     A party filing a motion for reconsideration is entitled to a fresh 15-day period to appeal from the denial of that motion.

160. 160

     What is the doctrine in Cagang v. Sandiganbayan regarding speedy disposition?

     The right to speedy disposition is violated by inordinate delay, judged by circumstances, not a stopwatch, and must be timely asserted.

161. 161

     What is Res Judicata?

     A final judgment bars a second suit on the same cause between the same parties—'a matter already judged'.

162. 162

     What is Forum Shopping?

     Filing multiple suits hoping one court rules favorably; it is prohibited and can lead to dismissal.

163. 163

     What is the purpose of the exhaustion of administrative remedies doctrine?

     A party must first pursue relief within the agency before going to court, giving the agency a chance to correct itself.

164. 164

     What is the Immutability of final judgments?

     Once a judgment becomes final, it cannot be altered, except for narrow exceptions.

165. 165

     What are the four fields of law surveyed in Module IX?

     Commercial Law, Labor Law, Taxation Law, Environmental Law.

166. 166

     What does Commercial (Mercantile) Law govern?

     Trade, business, and commercial transactions, built on Civil Code rules.

167. 167

     What are the main areas of Commercial Law?

     Corporation Law, Insurance Law, Transportation Law, Negotiable Instruments, Banking Laws, Intellectual Property.

168. 168

     What is a corporation according to the Revised Corporation Code?

     An artificial being created by operation of law, having the right of succession and authorized powers, attributes, and properties.

169. 169

     What are two big ideas about corporations?

     A corporation has a personality separate from its owners, and its stockholders enjoy limited liability.

170. 170

     What is the doctrine in Concept Builders, Inc. v. NLRC regarding piercing the corporate veil?

     The separate personality of a corporation is disregarded when used to defeat public convenience, justify a wrong, or evade a lawful obligation.

171. 171

     What is Insurance Law concerned with?

     Managing risk: the insurer indemnifies the insured against loss for a premium.

172. 172

     What is insurable interest in property insurance?

     The interest must exist both when the policy takes effect and when the loss occurs.

173. 173

     What is Transportation Law concerned with?

     Common carriers must carry goods or people safely, observing extraordinary diligence.

174. 174

     What is the doctrine in San Miguel Brewery v. Law Union & Rock Insurance?

     Insurable interest must exist at the time of loss; selling insured property without transferring the policy means no one can recover.

175. 175

     What does Intellectual Property Law protect?

     The fruits of the mind: inventions (Patent), brands (Trademark), and original works (Copyright).

176. 176

     What does a Patent protect?

     Inventions—a new, inventive, useful product or process.

177. 177

     What does a Trademark protect?

     Brands—a sign distinguishing goods or services (name, logo, mark).

178. 178

     What does a Copyright protect?

     Expression—original literary and artistic works (books, songs, films, code).

179. 179

     What does Labor Law govern?

     The relationship between employers and workers, focusing on the employment relationship and security of tenure.

180. 180

     What are the minimum terms of employment under Labor Standards?

     Minimum wage, hours of work, overtime, rest days, holiday pay, leaves, safety.

181. 181

     What are Labor Relations concerned with?

     The interaction between employer and employees: unions, collective bargaining, right to strike, settling disputes.

182. 182

     What is the four-fold test to determine an employer-employee relationship?

     Selection & engagement, Payment of wages, Power of dismissal, Power of control (most important).

183. 183

     What is Security of Tenure in Labor Law?

     A regular employee cannot be dismissed except for a valid cause AND with due process.

184. 184

     What are Just Causes for dismissal?

     A fault of the employee: serious misconduct, willful disobedience, gross neglect, fraud, breach of trust, abandonment, commission of a crime.

185. 185

     What are Authorized Causes for dismissal?

     A business or health reason: redundancy, retrenchment, labor-saving devices, closure, disease.

186. 186

     What is the two-notice rule (procedural due process) for dismissal?

     For just causes: written notice of ground & chance to explain, hearing, written notice of decision. For authorized causes: 30-day notice to employee and DOLE.

187. 187

     What is the doctrine in Agabon v. NLRC regarding dismissal without due process?

     Dismissal for a valid cause is upheld, but the employer must pay nominal damages for violating procedural due process.

188. 188

     What does Social Legislation protect workers against?

     Life's contingencies: sickness, old age, injury, death, through mandatory State programs.

189. 189

     What are the main social security programs in the Philippines?

     SSS (private sector), GSIS (government sector), PhilHealth (health insurance), Pag-IBIG (savings/housing), 13th Month Pay, Employees' Compensation.

190. 190

     What is the lifeblood doctrine in Taxation Law?

     Taxes are essential for government revenue; the power to tax is broad and its collection is favored.

191. 191

     What are the limits on the State's power to tax?

     Taxes must be for a public purpose, uniform and equitable, and imposed with due process and equal protection.

192. 192

     What is Real Property Tax (RPT)?

     A local tax under the Local Government Code, paid by the owner or person with beneficial use of property.

193. 193

     What are key exemptions from Real Property Tax?

     Government property for public use; religious, charitable, or educational property actually and directly used as such.

194. 194

     What is the doctrine in Manila International Airport Authority v. CA regarding tax exemption?

     Lands of public dominion and properties of government instrumentalities performing public services are exempt from real property tax.

195. 195

     What is Environmental Law concerned with?

     The State's duty to protect and advance the right to a balanced and healthful ecology.

196. 196

     What statutes protect the environment in the Philippines?

     Clean Air Act, Clean Water Act, Ecological Solid Waste Mgmt., Climate Change Act.

197. 197

     What is the Writ of Kalikasan?

     A fast, powerful remedy against large-scale environmental harm, issued for environmental damage prejudicing life, health, or property in two or more cities/provinces.

198. 198

     Who may file a Writ of Kalikasan?

     Any citizen, organization, or people's group, on behalf of others, even generations yet unborn; petitioner need not be directly injured.

199. 199

     What does a Writ of Kalikasan grant?

     Orders to cease harmful acts, protect/rehabilitate the environment, and monitor compliance.

200. 200

     What is the doctrine in Oposa v. Factoran regarding the right to ecology?

     The right to a balanced and healthful ecology is self-executing; the present generation may sue to protect the environment for future generations (intergenerational responsibility).