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Problem No. 1:: Instructions

The document provides instructions for answering two problems related to cases discussed in class. For problem 1, students are asked to analyze the Vizconde murder case in relation to John Austin's theory of jurisprudence and discuss how legal positivism was applied. For problem 2, students must examine the Supreme Court's decision in Prof. Randy David vs Gloria Macapagal-Arroyo and identify the primary and secondary rules, per H.L.A. Hart's theory, that influenced the Court's ruling. Students are instructed to answer each problem in one page, send their two-page PDF response by the given deadline, and follow formatting guidelines.

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Zepht Badilla
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71 views1 page

Problem No. 1:: Instructions

The document provides instructions for answering two problems related to cases discussed in class. For problem 1, students are asked to analyze the Vizconde murder case in relation to John Austin's theory of jurisprudence and discuss how legal positivism was applied. For problem 2, students must examine the Supreme Court's decision in Prof. Randy David vs Gloria Macapagal-Arroyo and identify the primary and secondary rules, per H.L.A. Hart's theory, that influenced the Court's ruling. Students are instructed to answer each problem in one page, send their two-page PDF response by the given deadline, and follow formatting guidelines.

Uploaded by

Zepht Badilla
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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INSTRUCTIONS:

1. Do your best in answering because each problem is equivalent to one recitation


grade in the second half.
2. You need not write the questions in your answer sheet.
3. Use Times New Roman, font 12. Convert to PDF file once you are finished
answering.
4. One page only per problem. Thus, every submission must only be composed of
two (2) pages.
5. File name is your Surname_Section.
6. Send your PDF file to jaypeecalleja@yahoo.com on or before May 22, 11PM.

Problem No. 1:

Read the case in your syllabus, People of the Philippines vs Hubert Webb, et al., G.R. 176864,
December 14, 2010.

Illustrate how in the Vizconde case, John Austin’s gunman theory does not promote
justice.

Give the elements of law under Austin’s theory and spot the missing element, if any, in
the Vizconde case.

In the case, the Supreme Court acquitted Webb, et al. Why did the court acquit Webb, et
al.? Apply the limitations of legal positivism in this case.

Problem No. 2:

Read the case in your syllabus, Prof. Randy David vs Gloria Macapagal-Arroyo, G.R. No.
171396, May 3, 2006.

In the said case, the Supreme Court had partially struck down some provisions of
Presidential Proclamation 1017.

Why were these provisions unconstitutional according to the Court?

In applying H.L.A. Hart’s theory that the law is union of primary and secondary rules,
what are the primary and secondary rules that led to the decision of the Court?

Define these rules then identify them in the case and in Philippine legal system.

+ UIOGD!

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