in the Philippine Legal System

Learning Outcomes:
1. Explain the three most important features of the
Philippine Legal System.
2. Differentiate the Common Law and Civil Law.
3. Explain the Separation of Powers.
4. Identify the Bill of Rights stated in the Philippine
Constitution.

THE THREE MOST IMPORTANT FEATURES OF THE PHILIPPINE LEGAL SYSTEM THAT
OTHERS SHOULD UNDERSTAND

1. The harmonious blending of common law and civil law in

one legal system

Discussion:

The Philippine legal system today is a unique blending of common law

and civil law principles. Its public law is substantially patterned after common

law doctrines, while its private law follows the civil law tradition of Spain. This

unusual mixture of common law and civil law in one legal system is the

inevitable result of its colonial history. The Philippines was a colony of Spain

for over three hundred years and was under the American colonial regime for
about half a century. From the beginning of the Spanish era up to 1898 when

the Americans defeated the Spaniards in the Spanish-American war, the civil

law system of Spain was adopted in the Philippines.

From December 10, 1898, when Spain ceded the Philippines under the

Treaty of Paris to the United States up to July 4, 1946 when the U.S. colonial

regime formally ended, common law or public law principles in the United

States were engrafted in the Philippine legal system. Thus, the Philippine

private law at present such as the law on persons and family relations,

obligations and contracts, and succession, among others, are substantially

patterned after the civil code of Spain. On the other hand, its public law,

notably constitutional law, administrative law, and the law on public offices,

among others, are to a great extent based on American law.

To fully understand the Common Law and Civil

Law and to know its difference, please read the

discussion and its examples below.

 Common Law is generally

UNCODIFIED and is a body of

unwritten laws based on legal

precedents established by the

courts. Common law

influences the decision-

making processes on unusual

cases where the outcome

cannot be determined based

on existing statues on unwritten rules of law.

Common law, in addition, is defined as a body of legal rules that have been made by

judges as they issue rulings on cases, as opposed to rules and laws made by the

legislature or in official statutes. An example of common law is a rule that a judge

made that says that people have a duty to read contracts.

In law, common law (also known as judicial precedent or judge-made law, or

case law) is the body of law created by judges and similar quasi-judicial tribunals by

virtue of being stated in written opinions.

What is common law in the

Philippines?
Discussion:

Let’s take for instance the difference between Common Law Marriage and Legal

Marriage.

Legal Marriage
In many jurisdictions, getting married requires being wed by an ordained minister or

other person who has recognized authority to carry out a legal marriage. This can be

done either in a religious setting or in a non-denominational or secular setting such

as a city hall or courthouse. Here, a marriage license is issued and officially recorded.

Common Law Marriage

A common-law marriage is a relationship between a man and a woman who live

exclusively with each other just like a husband and wife without the benefit of

marriage or when the marriage is void. Under the Family Code, the effects of

a common-law relationship are expressly recognized.

A common law marriage, on the other hand, will recognize a couple as equivalent to

legally married even if the pair never said their vows in a civil or religious ceremony

and don’t have a marriage license. While states don’t have official rules on the

books regarding common law marriage, there are certain conditions that have to be

met for a couple to be considered married by common law? They

must:
1. Be a heterosexual couple living together in a state that

recognizes common law marriages.

2. Live together for a significant period of time. Although many

people believe seven or 10 years is the requisite timespan, no

state provides a specific timeframe for cohabitation.

3. Introduce themselves to friends, neighbors, and

coworkers as a married couple, calling each other “my

husband” or “my wife” and even using the same last name.

Also, they must file a joint tax return and have joint bank accounts

and credit cards.

4. Be of sound mind.

5. Not be married to someone else.

Article 147. When a man and a woman who are capacitated to marry each
other, live exclusively with each other as husband and wife without the benefit of

marriage or under a void marriage, their wages and salaries shall be owned by them

in equal shares and the property acquired by both of them through their work or

industry shall be governed by the rules on co-ownership.

In the absence of proof to the contrary, properties acquired while they lived together

shall be presumed to have been obtained by their joint efforts, work or industry, and

shall be owned by them in equal shares. For purposes of this Article, a party who did

not participate in the acquisition by the other party of any property shall be deemed

to have contributed jointly in the acquisition thereof if the former’s efforts

consisted in the care and maintenance of the family and of the household.
 Civil law is CODIFIED. Countries with civil

law systems have comprehensive,

continuously updated legal codes that

specify all matters capable of being

brought before a court, the applicable

procedure, and the appropriate

punishment for each offense.

Civil law is a complete, systemize set of legal acts created by legislators. It defines the

cases that can be brought to court, the procedures for handling claims, and the

punishment for an offense.

Civil law, in addition, is part of country’s set of laws which is concerned with the

private affairs of citizens, for example MARRIAGE and property ownership, rather

than with crime. A body of rules that delineate private rights and remedies, and

govern disputes between individuals in such areas as contracts, property and Family

Law; distinct from criminal or public law.

What is civil law deals with?

Civil law deals with behavior that constitutes an injury to an individual or other

private party, such as a corporation. Examples are defamation (including libel and

slander), breach of contract, negligence resulting in injury or death, and property

damage.

2. The doctrine of Separation of powers between the Executive,

Legislative, and Judicial branches of government.

 The Legislative branch is authorized to make laws, alter, and repeal them

through the power vested in the Philippine Congress. This institution is

divided into the Senate and the House of Representatives.

 The Executive branch is composed of the President and the Vice President

who are elected by direct popular vote and serve a term of six years. The

Constitution grants the President authority to appoint his Cabinet. These

departments form a large portion of the country’s bureaucracy.

 The Judicial branch holds the power to settle controversies involving rights

that are legally demandable and enforceable. This branch determines whether

or not there has been a grave abuse of discretion amounting to lack or excess
 of jurisdiction on the part and instrumentality of the government. It is made

up of a Supreme Court and lower courts.

 The Constitution expressly grants the Supreme Court the power of Judicial

Review as the power to declare a treaty, international or executive agreement,

law, presidential decree, proclamation, order, instruction, ordinance or

regulation unconstitutional.

Why is the separation of powers important?

Understanding the Separation of Powers

“The intent of separation of powers is to prevent the concentration of unchecked power and to
provide for checks and balances, in which the powers of one branch of government is limited by

the powers of another branch—to prevent abuses of power and avoid autocracy.”
 3. The Power of Judicial Review and the Bill of Rights in the
Constitution

Pursuant to the establishment of a democratic

and republican state where

sovereignty resides in the people, the

Philippine Constitution devotes an entire

article

on a Bill of Rights. Among the rights

guaranteed by Article III are the following:

1) The right to Due Process

2) The right to Equal Protection of the laws

3) The right against Unreasonable Searches and Seizures

4) Privacy of Communication

5) Freedom of Speech, of Expression, or of the Press

6) The right to Peaceably Assemble and Petition the government for Redress of

Grievances

7) The Free Exercise of Religious Worship

8) The Liberty of Abode and the Right to Travel

9) The right to Information on matters of Public Concern

10) The right to Form Unions, Associations or Societies for purposes not contrary

to law
11) The right to Counsel

12) The Privilege against Self-incrimination,

13) The right to Bail

14) The right to be Presumed Innocent until the contrary is proved

15) The privilege of the Writ of Habeas Corpus

16) The right against Double Jeopardy, and

17) The right against ex post facto law or bills of attainder.

References:

http://www.ialsnet.org/meetings/enriching/carlota.pdf

https://www.slideshare.net/MichelleDy/overview-of-the-philippine-legal-system