Philippines Legal System

- The Philippine legal system is a mixture of customary usage,

Roman (civil law) and Anglo-American (common law)
systems, and Islamic law.

- The civil law operates in areas such as family relations,

property, succession, contract and criminal law.

- Statutes and principles of common law origin are evident in

such areas as constitutional law, procedure, corporation
law, negotiable instruments, taxation, insurance, labour
relations, banking and currency.

- In some Southern parts of the islands, Islamic law is

observed.

- The main sources of Philippine law are the constitution,

statutes, treaties and conventions, and judicial decisions.

- The constitution is the fundamental law of the land and as

such, it is authority of the highest order against which no
other authority can prevail.

- Statutes are intended to supply the details which the

Constitution does not provide for.

- The Philippine law is also derived from cases.

▪ The Civil Code provides that “judicial decisions

applying to or interpreting the laws or the
Constitution shall form a part of the legal system
of the Philippines”

- Only decisions of its Supreme Court establish jurisprudence

and are binding on all other courts. They are also binding to
everyone, much like the laws are made binding.

- These decisions assume the same authority as the statutes

to which they apply or interpret until authoritatively
abandoned by the Supreme Court.

- First-level courts

- Regional trial courts

- Court of appeals

- Supreme court

- Other:

o Sandiganbayan

o Court of tax appeals

o Shari’a courts

o Quasi-courts (administrative agencies