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Problem No. 1:: Instructions
Problem No. 1:: Instructions
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.
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!