Legal System in Philippines

8/9/2019 Legal System in Philippines

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Legal System in Philippines

The Philippines legal system may be considered as

a unique legal system because it is a blend of civil

law (Roman), common law (Anglo-American), uslim (!slamic) law and indigenous law"

There are two primary sources of the law#

Statutes or Statutory Law

$tatutes are defined as the written enactment of the will of the legislative branch of the government rendered

authentic by certain prescribed forms or solemnities are more also %nown as enactment of congress" &enerally they

consist of two types, the 'onstitution and legislative enactments"

!n the Philippines, statutory law includes constitutions, treaties, statutes proper or legislative enactments, municipal

charters, municipal legislation, court rules, administrative rules and orders, legislative rules and presidential issuance"

Jurisprudence or Case Law

urisprudence or 'ase aw is cases decided or written opinion by courts and by persons performing *udicialfunctions" Also included are all rulings in administrative and legislative tribunals such as decisions made by the

Presidential or $enate or +ouse lectoral Tribunals" nly decisions of the +ouse of Representatives lectoral

Tribunal are printed as +ouse of Representatives lectoral Tribunal Reports, volume . (anuary /0, .100-ctober

2, .113) to present" They will be available electronically at the $upreme 'ourt -ibrary"

Classification by Authority

4Authority is that which may be cited in support of an action, theory or hypothesis"4 ach of the three branches of

government, egislature, 5ecutive and udiciary, promulgates laws"

The legislature promulgates statutes, namely# Act, 'ommonwealth Act, Republic Acts, 6atas Pambansa" 5ecutive

promulgates presidential issuances (Presidential 7ecrees, 5ecutive rders, emorandum 'ircular, Administrative

rders, Proclamations, etc"), rules and regulations through its various departments, bureaus and agencies" The

udiciary promulgates *udicial doctrines embodied in decisions"

Classification by Source

!t is important for legal research e5perts to %now the source where the materials were ta%en" ne has to determine

whether they came from primary (official) sources or secondary (unofficial sources)"

Primary sources are those published by the issuing agency itself or the official repository, the fficial &a8ette" Thus

for Republic Acts and other 4laws4 or statutes, the primary sources are the fficial &a8ette published by the 9ational

Printing ffice and the aws and Resolutions published by 'ongress" :or $upreme 'ourt decisions, the primary

sources are the Philippines Reports, the individually mimeographed Advance $upreme 'ourt decisions and the

fficial &a8ette" Publication of $upreme 'ourt decisions in the fficial &a8ette is selective" 'omplete court reports

for $upreme 'ourt decisions is the Philippines Reports"

The $econdary $ources are the unofficial sources and generally refer to those commercially published or those that

are not published by government agencies or instrumentalities" ;ital egal 7ocuments contains a compilation of

Presidential 7ecrees (.1


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4. Legal System

4.1 Nature of the Philippine Legal System

The Philippine legal system may be considered as a unique legal system because it is a blend of civil law

(Roman! common law ("nglo#"merican! $uslim (%slamic law and indigenous law. Li&e other legal

systems! there are two main sources of law.

4.2 Sources of Law

There are two primary sources of the law'

Statutes or statutory law # Statutes are defined as the written enactment of the will of thelegislative branch of the government rendered authentic by certain prescribed forms orsolemnities are more also &nown as enactment of congress. enerally they consist of two types!the )onstitution and legislative enactments. %n the Philippines! statutory law includesconstitutions! treaties! statutes proper or legislative enactments! municipal charters! municipallegislation! court rules! administrative rules and orders! legislative rules and presidentialissuance.

*urisprudence # or case law # is cases decided or written opinion by courts and by personsperforming +udicial functions. "lso included are all rulings in administrative and legislativetribunals such as decisions made by the Presidential or Senate or ,ouse -lectoral Tribunals.nly decisions of the ,ouse of Representatives -lectoral Tribunal are available in print as ,ouseof Representatives -lectoral Tribunal Reports! volume / (*anuary 01! /211#ctober 3! /22 topresent. They will be available electronically at the Supreme )ourt -#Library and as a separate)5.

6or $uslim law! the primary sources of Shariah are Quran, Sunnaqh, Ijmaand Qiyas. *ainal 5.Ra7ul in his boo& Commentaries and Jurisprudence on the Muslin Law of thePhilippines(/214further stated there are new sources of muslim law! which some +urists re+ected suchasIstihsanor +uristic preference8Al-Masalih, Al Mursalahor public interest8 Istidlal(customandIstishab.(deduction based on continuity or permanence.

Classification of Legal Sources

Primary "uthority is the only authority that is binding on the courts.

Classification by Authority

9"uthority is that which may be cited in support of an action! theory or hypothesis.: Legal of materials

primary authority are those that contain actual law or those that contain law created by government.

-ach of the three branches of government' Legislative! -;ecutive and *udiciary! promulgates laws.


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The legislature promulgates statutes! namely' "ct! )ommonwealth "ct! Republic "ct!


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Primary sources are those published by the issuing agency itself or the official repository! the )**icial

+aette. Thus! for Republic "cts and other legislative enactments or statutes! the primary sources are

the )**icial +aettepublished by the Cational Printing ffice and the Laws and Resolutions published by

)ongress. 6or Supreme )ourt decisions! the primary sources are thePhilippine eports! the individually

mimeographed "dvance Supreme )ourt decisions (discontinued by the Supreme )ourt effective *anuary

02 and the )**icial +aette. Publication of Supreme )ourt decisions in the )**icial +aetteis

selective. )omplete court reports for Supreme )ourt decisions from /2/ to the present can be found in

thePhilippine eports.

The Secondary Sources are the unofficial sources and generally referred to as those commercially

published or those that are not published by government agencies or instrumentalities.

Some of the Secondary sources of statutes are the ital#e'al /ocuments! published by the )entral 3. The second edition contains Republic "cts.

Prof. Sulpicio uevara published three boo&s which contain s the full te;t of legislative enactments orlaws namely' a0. Public#a!s Annotated(> vols. ! compilation of all laws from /2/ to /23D!

b.Common!ealth Acts Annotated(3vos.. compilation of laws from /23D#/24D c. The#a!s o*the

1irst Philippine epublic 23he #a!s o* Malolos0 4565-4566. 6or the Supreme )ourt decisions!Supreme

Court eports Annotated 2SCA0,a secondary source! published by the )entral


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Presidential 5ecrees was even brought to the Supreme )ourt in the Tanada v. Tuvera! .R. Co. E32/D!

"pril 04! /21D (00 Phil 400! 5ecember 02! /21E (/4E S)R" 44E case. This case which was first

decided before the bloodless revolution popularly &nown as People Power or the -5S" Revolution was

modified in the 5ecember 02! /21E or after the People Power or the -5S" Revolution.

Still! with regards to Statute Law in the Philippines! the other problem is how to classify sources published

in the newspapers. Since /21>! based on the definition of primary and secondary source! they may be

considered as primary sources pursuant to -;ecutive rder Co. 0! s. /21> which provides that laws

become effective fifteen (/D days after publication in the )**icial +aetteor in two newspapers of general

circulation. %n case of conflict between the two versions! the version of the )**icial +aetteholds.

%n finding the law! our ultimate goal is to locate mandatory primary authorities which have bearing on the

legal problem at hand. %f these authorities are scarce or none;istent! our ne;t alternative is to find any

relevant persuasive mandatory authority. %f our search is still negative! the ne;t alternative might be

secondary authorities. There are however instances where the secondary authorities! more particularlythe commentaries made by e;perts of the field! ta&e precedence over the persuasive mandatory

authorities. =ith the availability of both! using both sources is highly recommended.

Classification by Character

This refers to the nature of the sub+ect treated in boo&s. This classification categori7es boo&s as ' a

Statute Law

Documents

Legal System in Philippines