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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 [email protected] 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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