constitution

knstt(y)oooSHn/Submit
noun
1.
a body of fundamental principles or established precedents according to which a
state or other organization is acknowledged to be governed.
synonyms:
principles

charter, social code, law; bill of rights; rules, regulations, fundamental

"the constitution guarantees our rights"

the basic written set of principles and precedents of federal government in the US,
which came into operation in 1789 and has since been modified by twenty-seven
amendments.
singular proper noun: Constitution; noun: the Constitution
2.
the composition of something.
"the genetic constitution of a species"
synonyms: composition, makeup, structure, construction, arrangement,
configuration, formation, anatomy

Revised Penal Code: An Overview

Posted on September 6, 2011 | Leave a comment
Act No. 3815, otherwise known as the Revised Penal Code, is the basic law that
defines criminal offenses and provides the penalties for the commission of those
offenses. The Revised Penal Code took effect on January 1, 1932, or more than a
year after its approval on December 8, 1930.
The Revised Penal Code is divided in two books. The first book contains general
provisions regarding criminal offenses, the persons liable and the imposition of
penalties. On the other hand, the second book describes the acts that constitute
criminal offenses and the penalties for the commission thereof. Crimes are grouped
under the following categories:
(a) crimes against national security (e.g., treason and espionage);
(b) crimes against the fundamental laws of the state (e.g., arbitrary detention and
crimes against religious worship);
(c) crimes against public order (e.g., rebellion and sedition);
(d) crimes against public interest (e.g., forgeries and fraud);
(e) crimes relating to prohibited drugs;
(f) crimes against public morals (e.g., gambling and betting);
(g) crimes committed by public officers (e.g., bribery and malversation of public
funds);

(h) crimes against persons (e.g., murder and homicide);

(i) crimes against personal liberty and security (e.g., kidnapping , slavery and
trespassing);
(j) crimes against property (e.g., robbery and theft);
(k) crimes against chastity (e.g., adultery and concubinage);
(l) crimes against the civil status of persons (e.g., simulation of birth and usurpation
of civil status); crimes against honor (e.g., libel); and
(n) criminal negligence.
The Revised Penal Code replaced the old Penal Code, which was based on the
Spanish Penal Code of 1870. A Spanish royal order in 1886 extended the application
of the Spanish Penal Code (with some modification) to the Philippines. (see US vs.
Tamparong, 31 Phil. 323).
Special Penal Laws
Apart from the crimes penalized in the Revised Penal Code, several other pieces of
criminal legislation have been passed, penalizing acts such as illegal possession and
trafficking of dangerous drugs, money laundering, and illegal possession of firearms.
These laws are called Special Penal Laws and they form part of Philippine Criminal
Laws. There are certain differences between crimes punished under the Revised
Penal Code and Special Penal Laws.
Violations of the crimes listed in the Revised Penal Code are referred to as mala in
se, which literally means, that the act is inherently evil or bad or wrongful in itself.
On the other hand, violations of Special Penal Laws are generally referred to as
malum prohibitum or an act that is wrong because it is prohibited. Thus, no criminal
intent is needed in order to find a person liable for crimes punished under Special
Penal Laws. As long as the act is committed, then it is punishable as a crime under
law.
Note, however, that not all violations of Special Penal Laws are mala prohibita.
While intentional felonies are always mala in se, it does not follow that prohibited
acts done in violation of special laws are always mala prohibita.
There are some important distinctions between crimes punishable under the
Revised Penal Code and Special Penal Laws. One of them is that in crimes punished
under the Revised Penal Code, the moral trait of the offender is considered. This is
why liability would only arise when there is criminal intent or negligence in the
commission of the punishable act. In crimes punished under Special Penal Laws, the
moral trait of the offender is not considered; it is enough that the prohibited act was
voluntarily done.

Jurisprudence
From the Latin term juris prudentia, which means "the study, knowledge, or science of law"; in the United
States, morebroadly associated with the philosophy of law.
Legal philosophy has many branches, with four types being the most common. The most prevalent form o
f jurisprudenceseeks to analyze, explain, classify, and criticize entire bodies of law, ranging from contract t
o TORT to Constitutional
Law.Legal encyclopedias, law reviews, and law school textbooks frequently contain this type of jurisprude
ntial scholarship.Thesecond type of jurisprudence compares and contrasts law with other fields of knowle
dge such as literature, economics,religion, and the social sciences. The purpose of this type of study is to
enlighten each field of knowledge by sharing insightsthat have proven to be important in advancing essen
tial features of the compared discipline.

The third type of jurisprudence raises fundamental questions about the law itself. These questions seek to
reveal thehistorical, moral, and cultural underpinnings of a particular legal concept. The Common Law (18
81), written by OLIVER WENDELLHOLMES JR., is a well-known example of this type of jurisprudence. It traces
the evolution of civil and criminal responsibilityfrom undeveloped societies where liability for injuries was b
ased on subjective notions of revenge, to modern societies whereliability is based on objective notions of
reasonableness.
The fourth and fastest-growing body of jurisprudence focuses on even more abstract questions, including,
What is law? How
does a trial or appellate court judge decide a case? Is a judge similar to a mathematician or a scientist ap
plying autonomousand determinate rules and principles? Or is a judge more like a legislator who simply d
ecides a case in favor of the mostpolitically preferable outcome? Must a judge base a decision only on th
e written rules and regulations that have been enactedby the government? Or may a judge also be influen
ced by unwritten principles derived from theology, moral philosophy, andhistorical practice?
Four schools of jurisprudence have attempted to answer these questions: formalism proposes that law is
a science; realismholds that law is just another name for politics; Positivism suggests that law must be co
nfined to the written rules andregulations enacted or recognized by the government; and naturalism maint
ains that the law must reflect eternal principles ofjustice and morality that exist independent of governmen
tal recognition.
Modern U.S. legal thought began in 1870. In that year, Holmes, the father of the U.S. legal realist movem
ent, wrote his firstmajor essay for the American Law Review, and Christopher Columbus
Langdell, the father of U.S. legal formalism, joined thefaculty at Harvard Law School.

A local ordinance is a law usually found in a code of laws for a political division smaller than a state
or nation, such as amunicipality, county, parish, prefecture, etc.
Ordinance
A law, statute, or regulation enacted by a Municipal Corporation.
An ordinance is a law passed by a municipal government. A municipality, such as a city, town, village, or
borough, is a political subdivision of a state within which a municipal corporation has been established to
provide local government to a population in a defined area.
Ordinances constitute the subject matter of municipal law. The power of municipal governments to enact
ordinances is derived from the state constitution or statutes or through the legislative grant of a municipal
charter. The charter in large part dictates how much power elected officials have to regulate actions within
the municipality. Municipalities that have been granted "home rule" charters by the legislature have the
most authority to act. If, however, a municipality enacts an ordinance that exceeds its charter or is in
conflict with state or federal law, the ordinance can be challenged in court and ruled void.
Many ordinances deal with maintaining public safety, health, morals, and General Welfare. For example,
a municipality may enact housing ordinances that set minimum standards of habitability. Other ordinances
deal with fire and safety regulations that residential, commercial, and industrial property owners must
follow. Many municipalities have enacted noise ordinances, which prohibit prescribed levels of noise after
certain hours of the evening.
Ordinances may also deal with public streets and sidewalks. They typically include regulations regarding
parking, snow removal, and littering. Restrictions on pets, including "pooper scooper" and leash laws, are
also governed by municipal ordinances.
One of the most significant areas of municipal law is Zoning. Zoning ordinances constitute a master plan
for land use within the municipality. A municipality is typically divided into residential, commercial, and
industrial zoning districts. Zoning attempts to conserve the value of property and to encourage the most
appropriate use of land throughout a particular locality.
In the past, many U.S. municipalities enacted a variety of ordinances regulating public morals and
behavior. Many, such as ordinances that prohibited spitting on a public sidewalk, have been repealed or
are rarely enforced.