Professional Documents
Culture Documents
Assignment #2
The legal system of the Philippines is a hybrid of Roman (civil law) and Anglo-American
(common law) systems, as well as customary usage and Islamic law. This was a direct outcome
of the country's occupancy by Spain and the United States in the 19th century and early 20th
centuries, respectively. Indigenous customary law and a unique and distinct Muslim legal system
for the Muslim minority are added to this civil law and common law mix. Civil law governs
in areas such as family relations, property, succession, contract, and criminal law, whereas
statutes and principles of common law origin are evident in such areas as constitutional law,
procedure, corporate law, taxation, insurance, labor relations, banking, and currency.
The Constitution (the fundamental and ultimate law of the nation), statutes (including
Acts of Congress, municipal charters, municipal legislation, court rules, administrative rules and
orders, legislative rules, and presidential issuances), treaties and conventions (which have the
same force of authority as statutes), and judicial decisions (Article 8 of the Philippine Civil Code
states that "judicial decisions applying to or interpreting the laws or the Constitution shall form a
part of the legal system of the Philippines." Only Supreme Court rulings establish jurisprudence
and are binding on all other courts.). These are the primary sources of Philippine law.
Since its inception in 1900, the Philippines' statutes have been contained in numerous
enactments of the Philippine legislature. Between the formation of the American civil
administration in 1900 and 1935, the Philippine Commission and its bicameral successor, the
Philippine Legislature, passed 4,275 laws. From July 4, 1946, to September 21, 1972, 733 acts
were enacted during the Commonwealth period, whereas 6,635 Republic Acts were legislated.
As of February 20, 1986, a total of 2,035 Presidential Decrees had been issued during the martial
law period. President Corazon C. Aquino has promulgated a total of 302 Executive Orders. The
Philippine Congress began on July 27, 1987, and has passed several Republic Acts since then.
Among the more notable laws in force today are the Civil Code (R.A. No. 386, as
amended), the Revised Penal Code (Act No. 3815), Election Code (Batas Pambansa Bilang 88),
The Family Code of the Philippines (Executive Order No. 209), Code of Muslim Personal Laws
of the Philippines (Presidential Decree No. 1083), the Labor Code of the Philippines
(Presidential Decree No. 442), The Local Government Code (Republic Act No. 7160), The
General Banking Law (Republic Act No. 337), and others.