The main sources of Philippine law are: the Constitution – the fundamental and supreme law of the land. statutes – including Acts of Congress, municipal charters, municipal legislation, court rules, administrative rules and orders, legislative rules and presidential issuances.
What is the legal basis of the type of government of the Philippines?
The Philippines is a republic with a presidential form of government wherein power is equally divided among its three branches: executive, legislative, and judicial. The government seeks to act in the best interests of its citizens through this system of check and balance.
What is the basic principle of rule of law?
The term rule of law refers to a principle of governance in which all persons, institutions and entities, public and private, including the state itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms …
What is the purpose of Philippine Constitution?
Often called the “Freedom Constitution”, this constitution was intended as a transitional constitution to ensure democracy and the freedom of the people. The Freedom Constitution provided for an orderly transfer of power while a Constitutional Commission was drafting a permanent constitution.
What is the basic source of human rights law in the Philippines?
The rights of Filipinos can be found in Article III of the 1987 Philippine Constitution. Also called the Bill of Rights, it includes 22 sections which declare a Filipino citizen’s rights and privileges that the Constitution has to protect, no matter what.
What are the 3 branches of law?
To ensure a separation of powers, the U.S. Federal Government is made up of three branches: legislative, executive and judicial. To ensure the government is effective and citizens’ rights are protected, each branch has its own powers and responsibilities, including working with the other branches.
Which branch of government carries out the law?
Executive Branch of the U.S. Government. The executive branch carries out and enforces laws. It includes the president, vice president, the Cabinet, executive departments, independent agencies, and other boards, commissions, and committees.
What is the law based on?
Common law, also known as case law, is a body of unwritten laws based on legal precedents established by the courts. Common law draws from institutionalized opinions and interpretations from judicial authorities and public juries.
What are the five principles of law?
Oaks spoke of his belief that “the United States Constitution contains at least five divinely inspired principles”: popular sovereignty, the separation of powers, federalism, individual rights, and the rule of law.
What is 1935 Constitution of the Philippines?
The 1935 Constitution provided the legal basis of the Commonwealth Government which was considered a transition government before the granting of the Philippine independence with American-inspired constitution; the Philippine government would eventually pattern its government system after American government.
What are the 3 main purposes of a constitution?
First it creates a national government consisting of a legislative, an executive, and a judicial branch, with a system of checks and balances among the three branches. Second, it divides power between the federal government and the states. And third, it protects various individual liberties of American citizens.
Is the law constitutional?
Constitutional law refers to rights carved out in the federal and state constitutions. The majority of this body of law has developed from state and federal supreme court rulings, which interpret their respective constitutions and ensure that the laws passed by the legislature do not violate constitutional limits.
What is RA 10368 all about?
Pursuant to this declared policy, Section 12 of Article III of the Constitution prohibits the use of torture, force, violence, threat, intimidation, or any other means which vitiate the free will and mandates the compensation and rehabilitation of victims of torture or similar practices and their families.
What are the civil rights in the Philippines?
Civil rights include the ensuring of peoples’ physical and mental integrity, life and safety; protection from discrimination on grounds such as race, gender, national origin, colour, sexual orientation, ethnicity, religion, or disability; and individual rights such as privacy, the freedoms of thought and conscience, …
What is the meaning of Article 2 Section 11?
Article 2, Section 11 of the Constitution provides that “the State values the dignity of every human person and guarantees full respect for human rights.” Furthermore, Article 2, Section 15 of the Constitution also mandates that “the State shall protect and promote the right to health of the people and instill …