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What is the difference between primary and secondary authority?

Primary authority are those recoded laws and rules which will be enforced by the State
and may be found in statutes passed by the legislature, regulations and rulings of
administrative agencies and decisions of appellate courts. On the other hand, secondary
authority discusses or analyzes legal doctrine, and these include treatises, commentaries, and
encyclopedias.

Name three secondary sources or authority materials of legal research?

Publications that discuss or analyze legal doctrine are considered secondary authorities.
These include:

Treatises
Commentaries
Encyclopedias

Give three examples of the types of materials that are considered primary authority.

The three examples of the types of materials considered as primary authority are as
follows:

Codes and statutes


Judicial decisions by the Supreme court and Court of Appeals
Administrative law

Can primary and/or secondary authority materials also be used as finding tools?

Yes. Primary and secondary authority materials can also be used as finding tools.

Primordially, the aim of finding tools is to locate primary sources or authority. Primary
and secondary authority can be used as references to uncover further legal sources relevant
and applicable to the specific inquiry.

What does jurisdiction refer to?

Jurisdiction refers to the fundamental power or capacity given by law to a court or


tribunal to entertain, hear and determine certain controversies.

DIfferentiate Crime Mala In se and Crime Mala Prohibita


Give 5 examples of Crime Mala In se
Give 5 examples of Crime Mala Prohibita
Crimes Mala In se are acts or omissions which are inherently evil and are punished
under the Revised Penal Code. On the other hand, crimes Mala Prohibita are acts which are
made evil because there is a law prohibiting it, generally, this is a violation of special laws.

Examples of Crimes Mala In se includes:


Theft
Rape
Homicide
Murder
Plunder

Examples of Crimes Mala Prohibita includes:


Illegal possession of firearms
Jaywalking
Illegal drug use
Technical malversation
Fencing

B1

Joselito is in violation of RA 9165.

Under Section 11 of RA 9165, any person, who, unless authorized by law, shall possess
less than 5 grams of methampethamine hydrochloride shall be punished by law.

Here, Joselito illegally possessed .50 grams of methampethamine hydrochloride and was
caught by police authorities despite his contention that he should not be charged for such
offense since he was only forced by his employer to act as courier of the substance. Such
contention does not justify nor exempt him from criminal liability.

Hence, Joselito is in violation of RA 9165.

B2

RA 9165 is not unconstitutional.

It is a well-settled rule in Criminal Law that crimes mala prohibita are acts made evil
because there is a law punishing it. Consequently, Section 11 of RA 9165 specifically provides
the punishment for the possession of illegal drugs.

Here, the respondent contends that Section 11 of RA 9165 is unconstitutional as it is a


punishment for crimes mala in se. However, the assailed special law, fundamentally, is a
sanction for possession of illegal drugs, which is a type of crime mala prohibita.
Hence, RA 9165 is not unconstitutional.

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