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[CIVIL LAW LECTURE] Stare Decisis and Obiter Dictum | Intro Persons and Family Relations
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Welcome back, kapatid to our on-going series on the Introduction to Persons and Family Relations. I know I called it Persons, and we are following the law as it is laid down in the Civil Code – but I am taking every opportunity to introduce you to other concepts and their application in other subjects.
We’re taking a look at Articles 8 to 10 of the Civil Code. Article 8 of the Civil Code provides that, “Judicial decisions applying or interpreting the laws or the Constitution shall form part of the legal system of the Philippines.”
Article 9 provides that, “No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws.”
Finally, Article 10 provides that, “In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail.”
By the end of this lesson, our goal is to master the following principles:
1. The distinction of common law and civil law and how they are applied to our laws in the Philippines
2. The principle of stare decisis and the definition of an obiter dictum
3. Overview of the rules in the construction and interpretation of laws.
All of this and more, coming right up.
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SHOW NOTES:
We’re taking a look at Articles 8 to 10 of the Civil Code. Article 8 of the Civil Code provides that, “Judicial decisions applying or interpreting the laws or the Constitution shall form part of the legal system of the Philippines.”
Article 9 provides that, “No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws.”
Finally, Article 10 provides that, “In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail.”
By the end of this lesson, our goal is to master the following principles:
1. The distinction of common law and civil law and how they are applied to our laws in the Philippines
2. The principle of stare decisis and the definition of an obiter dictum
3. Overview of the rules in the construction and interpretation of laws.
All of this and more, coming right up.
*********************
SHOW NOTES:
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