Common Law

- “case law or judge-made law”

- Legal principles evolved by judges from custom and precedents of previous case
- One of the major legal systems of the world especially in UK, USA, Canada and Australia
- Developed after Norman (French) conquest of England in 1066 as the law common to the whole
England
- Under Henry II (King of England from 1154), the judges decision became recorded in law reports
which developed the doctrine of precedent
- Doctrine of Precedent means that in deciding a particular case, the court must have regarded to the
principles laid down in earlier reported cases on the same or similar points.

Civil Law

- “statute law or continental law system”

- Based on legislated law particularly from the Roman Law
- Originated under the Roman Empire and continued in the Byzantine Empire in 1453
- The first codification was of the Twelve Tables (450 B.C.) and its final form of codification was of the
Justinian (528-34 A.D.)
- Civil Law’s spread was made largely possible through the French Code of Napoleon

The Philippines use both civil and common law. Civil, in a sense that it uses legislated and codified laws;
and Common with its reliance on the Doctrine of Precedent or stare decisis.

In Common Law, Judges must make a decision in cases before them and cannot be set aside
especially when it involves critical or crucial issues. There is stability and continuity of the law when
judges refers to precedent cases

In civil law, the congress ability to change the law at any time and at any will with or without
regard to the prevailing custom keeps laws abreast with the changing requirements of time.