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Atty. Darwin Bawar Cheryl D. Alsim Student

Lesson:

Described Philippine Legal System

1. Legal System in the Philippines

Having been under the colonial rule of Spain and subsequently the United States, it is not surprising that the Philippines would base much of its laws and court system on the Spanish and American models. The Revised Penal Code (law which defines and punishes crimes), for example, is mostly derived from Spanish criminal law. Laws affecting commerce (such as negotiable instruments, banks, corporations and securities), on the other hand, are of American origins. In fact, the Philippine Constitution itself is modelled after the US Constitution. The legal system of the Philippines is a combination of continental civil law and the Anglo-American common law system. The Philippines gained autonomous status from the US in 1935 when the first Philippine constitution was implemented. The present constitution originates from 1987 and is similar to the US constitution. The Philippine justice system is composed of the Supreme Court, the Court of Appeals, the regional trial courts, the Court of Tax Appeals and the metropolitan and municipal trial courts. But unlike traditionally common law countries, however, courts in the Philippines cannot make law (a characteristic which is very civil law in nature) and the Supreme Court en banc can abandon principles laid down in previous rulings which, in its own evaluation, no longer apply to present circumstances or to facts brought before it. Despite the similarities of the Philippine legal system with Spanish and American laws, however, there are still portions of Philippine law that are endemic to the Philippines. For example, the barangay conciliation panels - through which most controversies involving residents of the same city or municipality must pass through before they are litigated in court - are uniquely Filipino. Also, unlike in the United States, there is no jury system in the Philippines. The weak link in the Philippine judicial system is the middle part of the chain involving the Court of Appeals and other high courts, including the administrative agencies, since there is no reliable reporter system covering their decisions. A development of a strong reporter system in this field will encourage a system of jurisprudence constante on that level of the judicial system. This is necessary, for often the Supreme Court cannot find the time to address all issues important in the lives of people, especially when it can only act on the basis of justiciable controversies. Transactions and lives cannot pause to await the slow grind of the Supreme Court decisional process; evolving a reliable system of precedents in the upper middle level of the judicial echelon would facilitate commercial, economic and social developments.

2. Lesson: Philippines Branches of Government Republic Government

Distinguished legal system with other countries United States Australia Germany

Federal government

Governmental powers in the Philippines are divided among three institutions: executive, legislative and judicial. The executive branch, headed by the president, enforces the laws; the legislative branch - made up of the House of Representatives and Senate (collectively called Congress) makes the laws; and the judicial branch (through the Supreme Court and lower courts established by Congress), also called the judiciary, interprets the laws.

Has three parts. They are the Executive, (President and about 5,000,000 workers) Legislative (Senate and House of Representatives) and Judicial (Supreme Court and lower Courts).

A federal parliamentary republic, and federal legislative power is vested Is set out in the in the Bundestag Constitution, which divides the There is a multi-party government into three system that, since 1949, has arms or branches. been dominated by the Each has defined roles Christian Democratic and is not permitted to Union (CDU) and the exercise the power of Social Democratic Party of any of the other Germany (SPD). The branches. The three judiciary of Germany is branches are: the independent of the legislature; the executive and the executive; and the legislature. The political judiciary. Each of the system is laid out in the three branches of 1949 constitution, the government has a role Grundgesetz (Basic Law), in the legal system. which remained in effect with minor amendments after 1990's German reunification. The constitution emphasizes the protection of individual liberty in an extensive catalogue of human rights and divides powers both between the federal and state levels and between the legislative, executive, and judicial branches. Commonwealth Government

Jury Service None Kind of Legal System Anglo-American Law or Common Law Sources of law Laws passed by In the United States, Discussion of the The basis of all sources of Yes Yes Civil and Criminal cases English Common Law None

English Common Law

The Brgerliches Gesetzbuch Roman and German law traditions

Congress are called "Republic Acts," followed by their appropriate number. During the Marcos Administration, laws were called Batas Pambansa, if passed by Congress (which was then parliamentary in form), and Presidential Decree if passed by Ferdinand E. Marcos. Marcos then exercised contemporaneous legislative powers. Also, after the late Corazon Aquino came into power and before the 1987 Constitution was adopted, she exercised sole legislative powers under her revolutionary government, and laws passed by her bear the title "Executive Order." Judicial system The Supreme Court of the Philippines (Filipino: Kataastaasang Hukuman ng Pilipinas, colloquially in ((Spanish: Korte Suprema), is the highest court in the Philippines. The court consists of fourteen Associate Justices and one Chief Justice. Pursuant to the Constitution, the Supreme Court has "administrative supervision over all courts and the personnel thereof".

the law is derived from various sources. These sources are constitutional law, statutory law, treaties, administrative regulations, and the common law (which includes case law).

sources of Australian law is complicated by the federal structure, which creates two sources of written constitutional law: state and federaland two sources of general statute law, with the federal Constitution determining the validity of State and federal statutes in cases where the two jurisdictions might overlap. The Australian Law Reform Commission investigates suggestions for reform raised by attorneysgeneral and in some jurisdictions, by members of the public.

law is the German constitution , the Basic Law. The structure of the German court system stages of appeal, competences of courts, personnel of courts is regulated by the Law on the Constitution of Courts (Gerichtsverfassungsgesetz, GVG) for all branches of law.

Congress has the authority to regulate the judicial system as a whole, though much of this power has been devolved to the courts themselves. the establishment of a Supreme Court and permits the Congress to create other federal courts, and place limitations on their jurisdiction

Australia's first system of courts modelled on the historical English court system was eventually replaced by courts with other names and structures. The court structure in Australia today is a complex mosaic. Courts may be characterised by whether they are State courts or federal courts, whether they are general or specialist courts, and whether they have a general, or limited jurisdiction.

Singapore Branches of Government The Government of Singapore is defined by the Constitution of the Republic of Singapore to mean the Executive branch of government, which is made up of the President and the Cabinet of Singapore. Although the President acts in his personal discretion in the exercise of certain functions as a check on the Cabinet and Parliament of Singapore, his role is largely ceremonial. It is the Cabinet, composed of the Prime Minister and other Ministers appointed on his advice by the President that generally directs and controls the Government. The Cabinet is formed by the political party that gains a simple majority in each general election. Jury Service None Kind of Legal System English common law, but Muslims are subject to the

Russia

Government of the Russian Federation The members of the government are the Prime Minister of Russia (Chairman of the Government), the deputy prime ministers, and the federal ministers. It has its legal basis in the Constitution of the Russian Federation and the federal constitutional law "On the Government of the Russian Federation.

Yes

Civil Law system descendant from Roman Law through

Administration of Muslim Law Act, which gives the Sharia Court jurisdiction over Muslim personal law Sources of law There are generally regarded to be three sources of Singapore law: legislation, judicial precedents (case law) and custom.

Byzantine tradition

The framework of the Russian legal system is created by the Constitution, constitutions of the Subjects of the Federation, decisions of the Constitutional court, decisions and directives of the Supreme Court and the Supreme Arbirtazhny Court, international treaties, federal constitutional laws and federal laws, regional laws and ordinances, municipal legal acts, directives and statements of the Central Bank and governmental ministries and state authorities.

Judicial system The full Judicial power in Singapore is vested in the Supreme Court as well as subordinate courts by the Constitution of Singapore. The Supreme Court consists of the Court of Appeal and the High Court. The Court of Appeal exercises appellate criminal and civil jurisdiction, while the High Court exercises both original and appellate criminal and civil jurisdiction.[1] The Chief Justice, Judges of

The judicial system in Russia is structured according to two basic principles, implying that decisions and sentences which did not come into force can be appealed only once and only at the immediately superior court. Higher courts decisions and sentences cannot be appealed or protested. In civil and criminal cases there are courts of primary jurisdiction, courts of appeal and higher

Appeal, Judicial Commissioners and High Court Judges are appointed by the President from candidates recommended by the Prime Minister. The prime minister must consult with the Chief Justice before recommending the judges.

courts, which arbitrate lower courts sentences and decisions already in force.

July 12.2013