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Legal Education In The Philippines
Legal education in the Philippines is developed and offered by Philippine law schools, supervised by the Legal Education Board. Previously, the Commission on Higher Education supervises the legal education in the Philippines but was replaced by the Legal Education Board since 1993 after the enactment of Republic Act No. 7662 or the Legal Education Reform Act of 1993. History The legal education in the Philippines was first introduced during the Spanish occupation when, in 1734, the University of Santo Tomas established the Faculty of Civil Law. After the Malolos Constitution was ratified, the Universidad Literaria de Filipinas was established by Joaquin Gonzalez in 1899; the said institution offered several courses including law. However, the Literaria's existence was short lived as a result of the eruption of the Filipino-American conflict. During the American occupation, specifically in 1911, the University of the Philippines College of Law was established, through the vision ...
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Commission On Higher Education (Philippines)
The Commission on Higher Education (CHED; fil, Komisyon sa Mas Mataas na Edukasyon Komisyon sa Lalong Mataas na Edukasyon) is a Philippine government agency attached to the Office of the President of the Philippines for administrative purposes. It covers both public and private higher education institutions as well as degree-granting programs in all post-secondary educational institutions in the country. History The CHED was established on May 18, 1994 through Republic Act No. 7722 or the Higher Education Act of 1994 which was authored by Senator Francisco Tatad. The creation of CHED was part of a broad agenda for reforms in the country's education system, outlined by the Congressional Commission on Education (EDCOM) in 1992. Part of the reforms is the trifocalization of the education sector. The three governing bodies in the education sector are the Commission on Higher Education (CHED) for tertiary and graduate education, the Department of Education (DepEd) for basic e ...
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Supreme Court Of The Philippines
The Supreme Court ( fil, Kataas-taasang Hukuman; colloquially referred to as the ''Korte Suprema'' lso used in formal writing is the highest court in the Philippines. The Supreme Court was established by the Second Philippine Commission on June 11, 1901 through the enactment of its Act No. 136, an Act which abolished the '' Real Audiencia de Manila'', the predecessor of the Supreme Court. The Supreme Court compound, which sits in what is formerly a part of the University of the Philippines Manila campus, occupies the corner of Padre Faura Street and Taft Avenue in Ermita, Manila, with the main building directly in front of the Philippine General Hospital’s cancer institute. History Pre-hispanic period Prior to the conquest of Spain, the islands of the Philippines were composed of independent barangays, each of which is community composed of 30 to 100 families. Typically, a barangay is headed by a ''datu'' or a local chief who exercises all functions of government—exec ...
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Juris Doctor
The Juris Doctor (J.D. or JD), also known as Doctor of Jurisprudence (J.D., JD, D.Jur., or DJur), is a graduate-entry professional degree in law and one of several Doctor of Law degrees. The J.D. is the standard degree obtained to practice law in the United States; unlike in some other jurisdictions, there is no undergraduate law degree in the United States. In the United States, along with Australia, Canada, and some other common law countries, the J.D. is earned by completing law school. It has the academic standing of a professional doctorate (in contrast to a research doctorate) in the United States, – mentions that the J.D. is a “professional doctorate”, in § ‘Data notes’ – describes differences between academic and professional doctorates; contains a statement that the J.D. is a professional doctorate, in § ‘Other references’. where the National Center for Education Statistics discontinued the use of the term "first professional degre ...
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Philippine Bar Examination
The Philippine Bar Examination is the professional licensure examination for lawyers in the Philippines. The exam is exclusively administered by the Supreme Court of the Philippines through the Supreme Court Bar Examination Committee. Brief history The first Philippine Bar Exams was conducted in 1901 with only 13 examinees. The third Philippine Bar Exam took place in 1903 but the results were released in 1905. José I. Quintos obtained the highest rating of 96.33%, Sergio Osmeña, Sr. was second with 95.66%, F. Salas was third with 94.5% and Manuel L. Quezon fourth with 87.83%. The first bar exam in 1901 has only 13 examinees, while the 2008 bar examination is the 107th (given per Article 8, Section 5, 1987 Constitution). After the 1903 exam, rankings were again avoided until the 1913 exam, which meant that every other year from the inaugural 1901 examination to 1912 no scores were given other than pass or fail. The 2016 bar exam had the highest number of passers 3747 out of 6 ...
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Bachelor's Degree
A bachelor's degree (from Middle Latin ''baccalaureus'') or baccalaureate (from Modern Latin ''baccalaureatus'') is an undergraduate academic degree awarded by colleges and universities upon completion of a course of study lasting three to six years (depending on institution and academic discipline). The two most common bachelor's degrees are the Bachelor of Arts (BA) and the Bachelor of Science (BS or BSc). In some institutions and educational systems, certain bachelor's degrees can only be taken as graduate or postgraduate educations after a first degree has been completed, although more commonly the successful completion of a bachelor's degree is a prerequisite for further courses such as a master's or a doctorate. In countries with qualifications frameworks, bachelor's degrees are normally one of the major levels in the framework (sometimes two levels where non-honours and honours bachelor's degrees are considered separately). However, some qualifications titled bachel ...
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Political Law
Political law (or political activity law) is an established legal practice area encompassing the intersection of politics and law. Political law comprises election law, voting rights law, campaign finance law, laws governing lobbying and lobbyists, open government laws, legislative and executive branch ethics codes, legislative procedure, administrative procedure, constitutional law, and legislative and regulatory drafting. Political laws are applied primarily to government officials, candidates, advocacy groups, lobbyists, businesses, nonprofit organizations, and trade unions. At the federal level, the Federal Election Commission enforces campaign finance law with respect to races for the United States House of Representatives, United States Senate, and the office of President of the United States. Campaigns for federal office are subject to contribution limits and certain contributions are prohibited. ThDepartment of Justice's Public Integrity Section (PIN)has jurisdiction involv ...
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Public Law
Public law is the part of law that governs relations between legal persons and a government, between different institutions within a state, between different branches of governments, as well as relationships between persons that are of direct concern to society. Public law comprises constitutional law, administrative law, tax law and criminal law, as well as all procedural law. Laws concerning relationships between individuals belong to private law. The relationships public law governs are asymmetric and inequalized. Government bodies (central or local) can make decisions about the rights of persons. However, as a consequence of the rule-of-law doctrine, authorities may only act within the law (''secundum et intra legem''). The government must obey the law. For example, a citizen unhappy with a decision of an administrative authority can ask a court for judicial review. The distinction between public law and private law dates back to Roman law, where the Roman jurist Ulpia ...
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Philippine Legal Codes
Codification of laws is a common practice in the Philippines. Many general areas of substantive law, such as criminal law, civil law and labor law are governed by legal codes. Tradition of codification Codification is predominant in countries that adhere to the legal system of civil law. Spain, a civil law country, introduced the practice of codification in the Philippines, which it had colonized beginning in the late 16th century. Among the codes that Spain enforced in the Philippines were the Spanish Civil Code and the Penal Code. The practice of codification was retained during the period of American colonial period, even though the United States was a common law jurisdiction. However, during that same period, many common law principles found their way into the legal system by way of legislation and by judicial pronouncements. Judicial precedents of the Philippine Supreme Court were accepted as binding, a practice more attuned to common law jurisdictions. Eventually, t ...
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Private Law
Private law is that part of a civil law legal system which is part of the '' jus commune'' that involves relationships between individuals, such as the law of contracts and torts (as it is called in the common law), and the law of obligations (as it is called in civil legal systems). It is to be distinguished from public law, which deals with relationships between both natural and artificial persons (i.e., organizations) and the state, including regulatory statutes, penal law and other law that affects the public order. In general terms, private law involves interactions between private individuals, whereas public law involves interrelations between the state and the general population. Concept One of the five capital lawyers in Roman law, Domitius Ulpianus, (170–223) – who differentiated ius publicum versus ius privatum – the European, more exactly the continental law, philosophers and thinkers want(ed) to put each branch of law into this dichotomy: Public and Pri ...
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Sharia Law
Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the Hadith. In Arabic, the term ''sharīʿah'' refers to God's immutable divine law and is contrasted with ''fiqh'', which refers to its human scholarly interpretations. In the historical course, fiqh sects have emerged that reflect the preferences of certain societies and state administrations on behalf of people who are interested in the theoretical (method) and practical application ( Ahkam / fatwa) studies of laws and rules, but sharia has never been a valid legal system on its own. It has been used together with " customary (Urf) law" since Omar or the Umayyads. It may also be wrong to think that the Sharia, as a religious argument or belief, is entirely within or related to Allah's commands and prohibitions. Several non-graded crimes ...
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Islamic Law
Sharia (; ar, شريعة, sharīʿa ) is a body of religious law that forms a part of the Islamic tradition. It is derived from the religious precepts of Islam and is based on the sacred scriptures of Islam, particularly the Quran and the Hadith. In Arabic, the term ''sharīʿah'' refers to God's immutable divine law and is contrasted with '' fiqh'', which refers to its human scholarly interpretations. In the historical course, fiqh sects have emerged that reflect the preferences of certain societies and state administrations on behalf of people who are interested in the theoretical (method) and practical application ( Ahkam / fatwa) studies of laws and rules, but sharia has never been a valid legal system on its own. It has been used together with " customary (Urf) law" since Omar or the Umayyads. It may also be wrong to think that the Sharia, as a religious argument or belief, is entirely within or related to Allah's commands and prohibitions. Several non-graded c ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. ''Stare decisis'', the principle that cases should be decided according to consistent principled rules s ...
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