7/28/2019 PERSON - Shotgun Recitation.docx

http://slidepdf.com/reader/full/person-shotgun-recitationdocx 1/1

 Aligada Persons (2nd Recitation Day)

Q: Should (Administrative Orders, Rules, Circulars,Regulations) also be published to be able to takeeffect? A: For them to take effect, then they must be publishedto take effect.BUT If the order is intended for internal use, publicationis not necessary

Q: Does the clause "unless otherwise provided" provide exemptions to publication? A: No, the clause "unless otherwise provided is not anexemption to the requirement of publication, does notrefer to requirement of its publication but to the date of its effectivity.

Q: Can you give an example? A: The best example is the second sentence of Article II(This code shall take effect one year after suchpublication)

Q: What about Umali vs Estanislao case?

 A: (FIR)

Q: Law was passed by congress amending a portionof the Internal Revenue Code in its effectivity clause,what did it say? A: [??]

Q: When did it take effect? What effectivity date? A: On the day it was signed into law.

Q: Why could it not have taken into effect on the dayit was signed? A: Adequate notice is indispensable. (??)

In order for that law to take effect, it must be published inaccordance w. Art II

Q: Judicial Decisions shall form part of the law of the land, what decisions are these? A: Decisions of the Supreme Court. (Art 8)

Q: Do they (Judicial Decisions) need to be publishedin order to take effect? A: Need not be published.

Q: Why? A: Rore vs Court of Appeals, Supreme Court saidJudicial decisions need not be published to take effect.

Q: Why? A: Judicial Decisions are not laws. It is the responsibilityof lawyers to keep abreast in such Judicial Decisions.

Q: What does article 3 provide? A: Ignorance .... therewith.

Q: To what law does that apply? A: All laws that are mandatory and prohibitory incharacter.

Q: What law is not applied? A: Permissive and directory

Q: Why mandatory and prohibitory? A: They are compulsory.

Q: Are permissive laws the same as directory laws? A: Yes

Q: What does that mean? A: It entails people the freedom of distcretion to comply/not to comply

Q: Why does it not apply to permissive/ directory? A: (?)

Q: What are the principles that underlies Article 3? A: Principles of Expediency and Necessity

Q: Define and explain. A: (?)

Q: What will happen if Article 3 did not exist in NCC?

 A: There will be chaos

Q: Why? A: Anyone will be free from suit and get away with it for reason that they were not aware of such law, "I am sorryI did not know the law"

Q: What is the principle of processual presumption under Article III and when will this principle apply?  A: (?)

Q: What is the difference between a right and anobligation?

 A: Right connotes power, it is classified into two.Personal Right and Real Right. An obligation connotes duty or submission.

Q: Define both rights A: (?) ... If you don't exercise your right, you waive it.

Q: Can a right and an obligation be subject to awaiver? A: (Article 6)

Q: Why? A: Rights can be waived, our rights connote power,when you don't exercise that power, you are waiving it.The same cannot be said to obligations.Obligations connote duty in favor of someone to whomthe obligation is due.

Q: Is a right absolute? A: No, the law imposes restrictions.

Q: What are the restrictions in waiving rights? A: Waiver must not be contrary to law, public order,public policy, etc ...

--end--