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The Philippine legal system is predominantly derived from Spanish and American law, and its

laws are enacted by Congress.

Having been under the colonial rule of Spain and subsequently the United States, it is not surprising that the

Philippines would base much of its laws and court system on the Spanish and American models. The Revised Penal

Code (law which defines and punishes crimes), for example, is mostly derived from Spanish criminal law. Laws

affecting commerce (such as negotiable instruments, banks, corporations and securities), on the other hand, are of

American origins. In fact, the Philippine Constitution itself is modeled after the US Constitution.

Despite the similarities of the Philippine legal system with Spanish and American laws, however, there are still

portions of Philippine law that are endemic to the Philippines. For example, the barangayconciliation panels - through

which most controversies involving residents of the same city or municipality must pass through before they are

litigated in court - are uniquely Filipino. Also, unlike in the United States, there is no jury system in the Philippines.

Branches of Government

Understanding the government structure of the Philippines is essential in getting a clear picture of the Philippine legal

system. Under the Constitution, governmental powers in the Philippines is divided among three institutions: executive,legislative and judicial. The executive branch, headed by the president, enforces the laws; the legislative branch -

made up of the House of Representatives and Senate (collectively called Congress) - makes the laws; and the

judicial branch (through the Supreme Court and lower courts established by Congress), also called the judiciary,

interprets the laws.

Primary Source of Philippine Laws

Philippine laws come primarily from laws enacted by Congress. For this reason the Philippines is considered a civil

law jurisdiction, as opposed to a common law jurisdiction which is primarily based on court decisions developed by

judges through the years. The modern trend, however, is blurring this distinction because most common law

jurisdictions - like the United States, Great Britain and its former colonies - are starting to codify (pass as statutes

through congressional acts) their laws. On the other hand, even civil law jurisdictions like the Philippines haveembraced the common law practice of courts adhering to past decisions and being guided by them in deciding similar

cases, which is called the doctrine ofstare decisis.

Laws passed by Congress are called "Republic Acts," followed by their appropriate number. During the Marcos

Administration, laws were called Batas Pambansa, if passed by Congress (which was then parliamentary in form),

and Presidential Decree if passed by Ferdinand E. Marcos. Marcos then exercised contemporaneous legislative

powers. Also, after the late Corazon Aquino came into power and before the 1987 Constitution was adopted, she

exercised sole legislative powers under her revolutionary government, and laws passed by her bear the title

"Executive Order."

Administrative Regulations

Regulatory agencies and departments of the government under the executive branch also issue rules that have the

force of law. Strictly speaking, however, these are not laws and are appropriately called implementing rules or

administrative regulations because they merely implement laws enacted by Congress. These agencies or

departments derive their authority through delegation of power by Congress.

Court Decisions

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Court decisions handed down by the Supreme Court, which is the country's highest court, have the force and effect of

law. Although not laws in their strict meaning as applied to the Philippines, these are laws in the sense that they say

what the law is. Decisions handed down by lower courts, however, do not have this effect.

A unique feature of Philippine law is the power conferred on the Supreme Court underArticle VIII, Section 5(5)of

theConstitution. Under this provision, the Supreme Court is granted rule-making power in the protection and

enforcement of constitutional rights, court proceedings, practice of law and legal assistance to the underprivileged.

This provision empowers the Supreme Court to promulgate rules on the enumerated areas that have the force and

effect of law.

International Law

By express provision ofArticle II, Section 2of the Philippine Constitution, the Philippines considers the generally

accepted principles of international law as part of the law of the land. This is known as the incorporation clause.

According to Isagani Cruz in Philippine Political Law, in case of irreconcilable conflict between Philippine law proper

and international law the former prevails.

Local Legislations

Aside from the national government which includes the three branches above-mentioned, the Philippines is divided

into several political units, each being conferred with limited governmental powers. These are the provinces (made up

of several cities and municipalities), cities, municipalities and the barangays. Subject to certain limitations and

provided they do not contravene the Constitution and laws passed by Congress, each of these political units can

enact regulations applicable within their respective territorial jurisdictions. These regulations are called "ordinances."

References:

1987 Philippine Constitution;

Cruz, Isagani A. Philippine Political Law. Central Law Book Publishing: Quezon City. 1991.

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