BUSLAW

By. Professor Stephen C. Escartin

Week2

LECTURE

Introduction

The Philippines is a country imbued with several characteristics that would count it as
unique. It is an archipelago made up of 7,107 islands located in the region of Southeast Asia. It is
nestled in an area surrounded by other larger landmasses that would make it a strategic location
as a gateway to Asia from the Pacific as history shows us. It is also this history that makes the
Philippine legal system unique and interesting.

The Philippine legal system can be completely described as a harmonious blend or

mixture of customary usage, and Roman (civil law) and Anglo-American (common law)
systems. Many authors point out that to understand this legal system, we must understand it from
a historical perspective. There are many periods in Philippine history however only three stand
out as the most influential in shaping the country’s legal system. The first is the Pre-Spanish
Period, that is, the legal system present in the islands even before the 1521 arrival of Ferdinand
Magellan. The Second is the period under the Spanish regime, from 1565 to 1898. And the last is
the Post-Spanish regime or the period under American Sovereignty from 1898 to1935. The
period after the Philippine independence shows that the growth of their legal system stayed
within these three systems.

What is Law?

Law is a body of rules of action or conduct prescribed by controlling authority, and

having binding legal force. That which must be obeyed and followed by citizens subject to
sanctions or legal consequence is a law. (Black’s Law Dictionary, 6th ed.,s.v.”law.”)

Functions of the Law

In a nation, a law can serve to:

1.Keep the peace

2.Maintain the status quo

3. Preserve individual rights

4.protect minorities against majorities,

5. Promote social justice and;

6.Provide for orderly social change.

Sources of Philippine Law

1.Constitution

- Fundamental law of the land

2. Statutes
-Supply details which the Constitution must leave unprovided for.

3.Treaties and Conventions

-Agreement made by two or more independent nations in view of public welfare in the context of
International Law.

4. Judicial Decisions

-Decisions made by the Supreme Court in the exercise of their judicial functions which is known
as the “jurisprudence” shall be part of the legal system.

5. Customs
-Forms part of the Filipino legal heritage, which is a supplementary source of law in nature.

Activities

Art.1156 Memorization and give example.