Please study and memorize these and digest all the cases indicated herein

including all the cases which I previously forwarded to you as part of my

lecture. I will meet you and formally make my personal lectures on April 5,
2024. I cannot make my personal lectures up to this time.

LEGAL FORMS

Is the legal system in the Philippines a blending of Civil Law and Common
Law?

YES. The Philippine Legal system is a blend of different legal traditions.

It is a mixture of the following:

1. CIVIL LAW INFLUENCE:

-The Roman (Civil Law) system significantly impact various aspects of

Philippine Law. It operates in areas such as family relations, property,
succession, contract and criminal law.

-The Civil Law tradition emphasizes written codes, legal principles, and
judicial decisions based on statutes and legal doctrines.

2. COMMON LAW INFLUENCE:

- Statutes and principles of common law origin are evident in several

areas of Philippine Law. These include:

- Constitutional Law;
-Procedure
-Corporation Law
-Negotiable Instruments
-Taxation
-Insurance
-Labor relations;
-Banking
-Currency

3. HISTORICAL RECORDS:

a.)Pre-Spanish Period

Early Filipinos lived in independent communities governed by

customary and unwritten rules. Evidence suggests the existence of
ancient codes dealing with relatives, inheritance, crime and punichment.

b.) Spanish Regime (1521- 1898)-

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 Spanish Laws and Codes were extended to the Philippines. This
period marked a significant shift in Philippine legal history.

c.) American Regime (1898-1935)-

The influence of Anglo-American Common Law principles began

during this era.

d.) Continuation of the Republic:

The legal system continued to evolve incorporating elements from

both civil law and common law traditions.

4. ISLAMIC LAW:

-In some southern parts of the Philippines, Islamic Law is observed

due to the Immigration of Muslim Malays in the 14th Century.
-This unique legal system reflects the country’s colonization by Spain
and the United States.

In summary, the Philippine legal system harmoniously blends common

law and civil law, creating a distinctive legal landscape that draws from diverse
historical and cultural influences.

WHAT IS THE DIFFERENCE BETWEEN CIVIL LAW AND COMMON LAW?

CIVIL LAW- It originated in Europe and is prevalent in countries like Spain,

China, Japan, Germany, most of African Nations, and most of Europe. Core
principles all codified into a referable system, serving as the primary source
of law.

Judges act as Chief Investigators establishing facts of the case and

applying provisions from Applicable Codes. Their rulings are usually non-
binding on third parties.

Civil Law considers the Constitution.

Civil Law used precedent primarily to determine administrative matters

of constitutional courts.

In Civil Law, jury opinions may not be unanimous. Juries are less
common in Civil Cases;

Civil Law developed in continental Europe and applied in European

colonies like Spain, Portugal.

The sources of Civil Law are:

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 a.) Constitution;
b.) Legislations (Statutes and subsidiary legislations)
c.) Customs
d.) International Law.

COMMON LAW:

Evolved primarily in England and its former colonies, including the

United States, England, Australia, Canada and India. It is characterized by Case
Law, which develops through judicial decisions and legal precedents.

The role of judges in common law is referee between lawyers; they

decide matters of law and where. No jury is present, also finds fact. Common
law is not always tied to the constitution. It relies heavily on the precedents to
rule on future or present cases. In Common Law, juries are present almost
exclusively in criminal cases. They weigh evidence, find facts and apply the
law. Common law evolved primarily in England and its former colonies. The
English speaking world largely operates under common law, and the sources
of common law are:

-constitution (not in the U.K.);

-legislation/statues and subsidiary legislation;
-judicial precedents (common law and equity);
-customs;
-convention;
-international law.

In summary, while civil law rules on Codified Statues, common law

develops through judicial decisions and legal precedents.

A.M. NO. 20-8-13-SC (2004 Rules on Notarial Practice)

a. BASIS : OBLIGATIONS AND DUTIES OF A NOTARY PUBLIC:

1.)Sec. 251 (RAC/2004-

Case: AGATON vs. ATTY. LUCAS SUGUI- AC NO. 10592, April 3,

2016.

2.) Sec. 246 Rule V1 , 2004 Rules on Notarial Practice

Case: Pitogo vs. Atty. Suello, AC No. 10695-3/18/2015;

3. Section 249 – RAC, Sec. 1-Revocation of the Commission)
Pr5otacio v. Mendoza
Case: AC No. 5764, January 13, 2003 395 SCRA10

B. PURPOSEs OF NOTARIAL Rules☹Sec. 2 Rule 1)

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Case : Nadaza vs. Grageda AC# 232 September 27, 1993

C.WHO MAY BE A NOTARY PUBLIC? Rule 111 Sec. 1 AM No. 02-08-

13SC)
Case: Tenoso v. Atty. Echanez AC#8384-4/11/2013

TORTONA v. GREGORIO (GR # 202612-1-17-2018.

Thank you!