Quiz #2 PL 112, JD 1C, Sem.

1, SY 2017-2018 For 11 October 2017

Abiog, Floperl Bartolome

Name: _____________________________________________________Total Score: ___________

Part I. Historical Perspective (10 points; 2 points per number)Sub Score: ________________
Give a provision of law which corresponds to the folksaying or folkway, then state whether the law is still in
effect
For example:
Folksaying / Folkway Law Is the law still in effect?
1. Bigaypayo Art. 312, Civil Code of the The law is no longer in effect.
Philippines --
Grandparents shall be consulted
by all members of the family on all
important family occasions.

Folksaying / Folkway Law Is the law still in effect?

1. Pagmamagulang Art. 211, Family Code of the The law is still in effect.
Philippines
"The father and the mother shall
jointly exercise parental authority
over the persons of their common
children. In case of disagreement,
the father's decision shall prevail,
unless there is a judicial order to
the contrary.

Children shall always observe

2. Huwag kang pumasok sa
bakuran nino man nang huwag
kang masakupan.
3. Daig ng maagap ang masipag.
4. Ang mag-asawa sa ari-arian ay
iisa.
respect and reverence towards
their parents and are obliged to
obey them as long as the children
are under parental authority
Art. 681, Civil Code of the The law is still in effect.
Philippines --
"Fruits naturally falling upon
adjacent land belong to the owner
of said land.
Art. 1544, Civil Code of the The law is still in effect.
Philippines --
"If the same thing should have
been sold to different vendees,
the ownership shall be transferred
to the person who may have first
taken possession thereof in good
faith, if it should be movable
property.
Should it be immovable property,
the ownership shall belong to the
person acquiring it who in good
faith first recorded it in the
Registry of Property.
Should there be no inscription,
the ownership shall pertain to the
person who in good faith was first
in the possession; and, in the
absence thereof, to the person
who presents the oldest title,
provided there is good faith.
Art. 93, The Family Code of the The law is still in effect.
Philippines --
"Property acquired during the

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Quiz #2 PL 112, JD 1C, Sem. 1, SY 2017-2018 For 11 October 2017

marriage is presumed to belong

to the community, unless it is
proved that it is one of those
excluded therefrom.
5. Lupon sanggunian Art. 252, Civil Code of the The law is no longer in effect.
Philippines --
"The Court of First Instance may,
upon application of any member
of the family, a relative, or a
friend, appoint a family council,
whose duty it shall be to advise
the court, the spouses, the
parents, guardians and the family
on important family questions.

Part II. Teleological Perspective Benthamite Concept (10 points; 2 points per number)
Sub Score: _________________

On pages 150 to 151 of your textbook, there is an enumeration of the pains and pleasures identified by the
utilitarian Jeremy Bentham. Choose five items from the enumeration. Identify whether it is a pain or a
pleasure, then give an example.

For example:
Pleasure / Pain Example
1. Pleasure of wealth Acquisition of the Samsung Galaxy Note 8

Pleasure / Pain Example

1. Pleasure of power Being elected as President of a country.
2.Pleasure of a benovelence Help the poor.
3. Pleasure of imagination Daydreaming about being a lawyer.
4.Pain of bad reputation Getting involved in a crime.
5.Pain of memory Remembering a famiy member who is already dead.

Part III. Teleological Perspective - Utilitarian (10 points) Sub Score: _________________

A. Identify and cite a provision in the 1987 Philippine Constitution that supports the utilitarian approach.
B. Explain your answer in III. A in not more than ten sentences.

Ans:

A.)
A. It can be viewed in the Section 7 of Article III-Bill of Rights of the constitution, which provides that:

Article III Section 6. The liberty of abode and changing of the same within the limits prescribed by
law shall not be impaired except upon lawful order or the court. Neither shall the right to travel be
impaired except in the interest of national security, public safety, or publiv health, as may be
provided by law
B.)
Based on the Jherinian Concept of Rudolf von Jhering, "the law should address the realization of
the partnership of the individual and society. There should be a concurrence of selfish individual interests
with the general purposes of society." When the interests of society are met, the welfare of the individual
members is served, too.

Connecting this provision of 1987 Constitution to utilitarian approach, liberty of abode is given to
every one. As well as the right to travel however this right can be impaired when interest of national
security, public safety, or publiv health, as may be provided by law . A person has an individual interest to
travel. And it is general interest to impaired the right of a person to travel when national security, public

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Quiz #2 PL 112, JD 1C, Sem. 1, SY 2017-2018 For 11 October 2017

safety or public health is at risk. There is a concurrence with selfish individual interest with the purpose of
society , which is the general interest to be safe.

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