module1_fundamentals of law

8/11/2019 MODULE1_Fundamentals of Law

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ECELAWS College of Engineering ECE Department

FUNDAMENTALSFUNDAMENTALS

OFOF

LAWLAW

MODULE 1MODULE 1


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Learning Objectives

After completing this module, the learners should

be able to:

Define law.

Identify the characteristics of law.

Discuss the classifications and sub-classifications

of the law.

Distinguish the different rights and the courts.

Describe how laws are created.

Give examples of different laws created. Name the coverage and venues of ECE

urisprudence.

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BASICS OF LAW AND JURISPRUDENCEBASICS OF LAW AND JURISPRUDENCE

Definition of the "aw"#$ % bstract sense' (he total body of obligatory

rules which is promulgated and established for

the purpose of governing personal relationships

in society.

"#$ % &)aterial sense' (he *ust and obligatory ruleof conduct for common observance and benefit.

Characteristics o the La!Characteristics o the La!

It is a rule of behavior or conduct

It is obligatory to all people

It is promulgated by a recogni+ed legitimateauthority

It is for common public observance

It is for the common benefit of everyone

It is logical

Universa""# acce$te% Princi$"e o the La!Universa""# acce$te% Princi$"e o the La!

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Ignorance of the law excuses no one from

compliance

Origin o the La!Origin o the La!

Classification of the "aw

Divine law % law which is established and

accepted through faith as having been authored

by God through the representation of the church. uman law % laws which have been authored by

man for his fellowmen to follow.

Classification of uman "awsClassification of uman "aws

/ublic "aw % laws that involve and affect the

political and sovereign condition of the statewhich would adopt such as law.

/rivate "aw % laws which do not concern the

public at large but are applied to a specific part of

society even to the point as to a case of between

individuals.

0ub-classification of /ublic "aws0ub-classification of /ublic "aws

Criminal "aw % laws involving the violation of

another person1s human and2or legal right.

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International "aw % laws involving the state

&country' as a whole and independent body.

/olitical "aw % laws involving the management of

government.

/olitics % 4the science of government5

0ub-classification of /rivate "aws0ub-classification of /rivate "aws

Civil "aw % laws which cover both theorgani+ation and strengthening of the family and

the protection and regulation of the property.

Commercial "aw % laws which protect the rights

and property of individuals or groups of individual

&as the case of Corporate law' who are engaged in

business commerce and industry. 6emedial "aw % laws which establish the efficient

methods of protecting the rights and privileges of

any individual or groups of individuals and

prescribes the remedy and redress for violations

thereof.

0ub-classification of International "aws0ub-classification of International "aws

/ublic International "aw % laws that involve the

state in representation of the whole and affect

every citi+en of the state with citi+ens of other



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states.

/rivate International "aw % laws that involve the

state in representation of the whole and only

selectivity affects specific individuals of the state.

6ights and the Courts6ights and the Courts

uman 6ightsuman 6ights % 4/rivileges that are universal% 4/rivileges that are universal

en*oyed by every individual regardless of age oren*oyed by every individual regardless of age or

race that is said to be God given.5race that is said to be God given.5

"egal 6ights"egal 6ights % 4/rivileges that are en*oyed by% 4/rivileges that are en*oyed by

every individual within the state which is providedevery individual within the state which is provided

and safeguarded by law.5and safeguarded by law.5

6eal 6ights6eal 6ights% 4/rivileges that an individual en*oys% 4/rivileges that an individual en*oys

on the ownership of property of an actual materialon the ownership of property of an actual materialob*ect talent or asset.5ob*ect talent or asset.5

8.8. 6eal 6ight on 6em % 6ights that are6eal 6ight on 6em % 6ights that are

en*oyed by the masses. 6ights of collectiveen*oyed by the masses. 6ights of collective

public.public.

!.!. 6eal 6ight in /ersonam6eal 6ight in /ersonam% 6ights that are% 6ights that areen*oyed by a specific person or specificen*oyed by a specific person or specific

group of people.group of people.

Courts of usticeCourts of ustice% (he venue where an individual% (he venue where an individual



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Forms of Judicial Laws/Rulings

Decisions from lower courts

Decisions from the Court of #ppeals

0upreme Court Decisions

Creations o the La!Creations o the La!

E'ec(tive

/residential Decrees Executive ;rders "etters ofInstructions=

(hese are laws signed into by the president upon

research and recommendation of any member of

the cabinet or any branch of the government.

6esolutions )emorandums Circulars=

(hese are laws which are particular in character and

often cover a specific part of society.

Examples of /residential DecreesExamples of /residential Decrees /D 8>?9 % Creating the )ovie and (elevision

6eview and Classification :oard. &;ct. 7 8>?7'

/D 8>?< % #n act creating the @ideo 6egulatory

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:oard. &;ct. 7 8>?7'

Examples of Executive ;rdersExamples of Executive ;rders

!"elecommunications

E; 7> - /rescribing the policy guidelines for

compulsory interconnection of authori+ed public

telecommunications carrier in order to create a

universally accessible and fully integrated

nationwide telecommunications networA and

thereby encourage private sector in

telecommunications. &Beb. !3 8>>,'

E; 39< % /roviding for the national policy on the

operation and use of international satellite

communications in the country. &)arch 8>?'

E; 39? % /roviding for the creation of a National

Council for the promotion of Electronic commerce

in the country. &Beb. !, 8>>?'

E; 39> % #mending E; 8> approving and

adopting the National Information (echnology

/lan ! and establishing the National

Information (echnology Council. &Beb. !,8>>?'

#! $roadcasting

General :roadcasting "aw

E; !77 % 6euiring all radio stations with musical

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format programs to broadcast a minimum of four

;riginal /ilipino )usical compositions in every

clocA-hour and for other purposes.

6elated Cable "aws

E; !7 % 6egulating the operation of Cable

#ntenna (elevision &C#(@' systems in the

/hilippines. &une , 8>?

D; 8, % 6ules and regulations governing amateur

radio service in the /hilippines as amended. &Beb.89 8>


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Legis"ative

6epublic #cts=

(hese are laws signed into by both the lower andupper house of congress. (he process being a

congressman or group of congressmen author and

sponsor a bill lobby of it1s passage from the

lower house to the senate and gets passed by a

ma*ority vote in the senate or vice versa.

:atas /ambansa Circulars=

0imilar to 6epublic #cts except only a single house

&:atasan' which was established and determined

to be full representation of all sectors of society

voted on laws passed.

Examples of 6epublic #ctsExamples of 6epublic #cts 6# 79>'

6# !7 % #n act to promote and govern the

development of /hilippine telecommunications

and the delivery of public telecommunications

services. &uly !7 8>>7' 6# >!>! % Electronics Engineering "aw of !3.

pril 8


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J(%iciar#

Decisions of "ower Courts and the Court of

#ppeals=(hese are laws which originated as a decision on

disputes brought to the courts through private in

character this can not be used as a basis for

succeeding rulings of similar character. (he

decision of the "ower Court of General

urisdiction have only a single presiding *udgeover each case and promulgating such a ruling

based on merit of the case.

0upreme Court Decisions=

#ny matter "egislative Executive and those

decisions from a lower court or Court of #ppeals

which have been appealed to the 0upreme Court

and have been decided upon. nliAe decisions of

the lower court which is promulgated by a single

*udge decisions of the 0upreme Court are

decided upon and may be voted upon by a group

of *ustices.

E"EC(6;NIC0 #ND C;))NIC#(I;N0E"EC(6;NIC0 #ND C;))NIC#(I;N0

ENGINEE6ING 6I0/6DENCEENGINEE6ING 6I0/6DENCE

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(hat branch of laws which directly affect the

electronics and communications engineers in the

study analysis interpretation and application of

the laws in the practice of electronics and

communications engineering.

Coverage o ECE J(ris$r(%enceCoverage o ECE J(ris$r(%ence

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ECE /6;BE00I;N=

(hese are laws established which sings out the

Electronics and Communications Engineeringprofession and define a responsibility duty

conduct or behavior obligation and privileges of

an Electronics and Communications Engineer.

G;@E6N)EN( )E);6#ND) #ND

CI6C"#60 #BBEC(ING 6EG"#(I;N

/6;BE00I;N0=

0ince the Electronics and Communications

Engineering profession is a regulated profession

any law that generally mentions 4regulated

professions5 or 4professions having a regulated

career examination5 includes the Electronics andCommunications Engineering career.

6E0;"(I;N0 B6;) (E :;#6D ;B ECE

&E#)INE60'=

(hese are resolutions filed by the :oard of

Electronics and Communications Engineers andendorsed or approved by the /rofessional

6egulations Commission.



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0(#((E0 $IC #BBEC( (E

E"EC(6;NIC0 (E"EC;))NIC#(I;N0

#ND C;)/(E6 IND0(6F=

(hese are the laws which affect the industry which

the Electronics and Communications Engineers

practice their profession.

0(#((E0 $IC #BBEC( (E C#6EE6 ;B

(E /6;BE00I;N#"=

(hese are the laws which affect the worAing(hese are the laws which affect the worAing

employee including the benefits which may beemployee including the benefits which may be

en*oyed the environment of worA the conducten*oyed the environment of worA the conduct

among and between employer and employeesamong and between employer and employees

and the relationships between worAers.and the relationships between worAers.

C;DE ;B E(IC0 ;B E"EC(6;NIC0 #NDC;DE ;B E(IC0 ;B E"EC(6;NIC0 #ND

C;))NIC#(I;N0 ENGINEE60C;))NIC#(I;N0 ENGINEE60

(he set of guidelines which define the character and

mode of behavior of an Electronics and

Communications Engineer during the time the

aforementioned is in practice of the career.

H#0IDICI#" ;BBICE60H#0IDICI#" ;BBICE60



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#ll communications in the executive branch have

uasi-*udicial functions. (his means they can

hear and decide matters within the defined

purpose scope and authority of the commission.

)ENUES OF ECE JURISPRUDENCE)ENUES OF ECE JURISPRUDENCE

CED - covers the ECE /ractice in the #cademe

and the basic structure of the :0ECE Course.

/6C &/rofessional 6egulations Commission' -covers the #pplication of the 6egulatory

Examination and renewal of registry certification.

C0C &Civil 0ervice Commission' - covers the

regulation of professional Government service.

:ECE &:oard of ECE' - covers the formulation

and rating of the regulatory examination and theregulation and monitoring of the ECE practice.

N(C &National (elecommunications Commission'

- covers the regulation and monitoring of the

telecommunications industry and practice.

EEC(I@E :6#NC ;BBICE &;ffice of the

/resident' - covers the regulation and monitoringof the Electronics Computer 0cience and

(echnology industry.

"EGI0"#(I@E :6#NC &ouse of Congress'



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DICI#6F :6#NC &Courts'

A*BI+UI,- IN ,.E LAWA*BI+UI,- IN ,.E LAW

#):IGI(F IN (E "#$ - the law can never

be said to be ambiguous. #lthough. "aws can be

decided upon by the 0upreme Court as

unconstitutional and should be changed or

re*ected. Burthermore should any two laws come

in conflict and then one has to be repealed as notto generate ambiguity.

NH#N(IBI#:"E B#C(0 - certain items of

the law cannot be proven by prima facie evidence

but only through strong circumstantial evidence.

(his is because certain matters describe by the laware either abstract or unuantifiable.

/E6/E(I(F ;B (E "#$- laws have unless

amended no time limit. (his may prove difficult

to apply on situations which covers the social

structure of society or matters which involvescience and technology as these examples are

dynamic and change with the maturity of society.

INB#""I:I"I(F ;B (E 0/6E)E C;6( -



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it is said that the 0upreme Court is infallible in

decisions regarding all legal matters which

balances the rights and privileges with the social

and moral duties and responsibilities of all.

4(E "#$ I0 :"IND5 this means that

executors of the law are always fair and impartial

and weigh decisions based on evidences presented.

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module1_fundamentals of law

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