1. What kind of legal system exists in the Philippines?
The Philippine legal system is a mixture of three
prevailing legal systems; Roman law, Anglo-American law, and Mohammedan or Islamic law. This particular legal system is the result of the immigration of Muslim Malays to the Philippines in the fourteenth century and the subsequent colonization of the country by Spain and the United States.
The Philippine Civil Code is basically Roman in origin. Modern
laws and concepts of persons and family relations and the like are also Roman in origin. The citizens of the Philippines and the rest of the world are greatly affected by the Roman legal system since it is able to shed light on the solutions for complex problems which confront the modern civilized world.
Mohammedan or Islamic law is observed in some southern
parts of the Philippines are is only applied if they are not in conflict with the general laws of the land.
2. What are the three great branches of government?
The three branches of the Philippine government are as follows;
The legislative department has the authority to make laws and
to alter and repeal them. It is the province of the legislature to prescribe general rules for the government of society. It determines the legislative policy and its promulgation as a defined binding rule of conduct. The Constitution vests legislative power in the two Houses of Congress.
The executive power is the authority which has the power to
administer the laws, which means carrying them into practical operation and enforcing their due observance. Under the Constitution, the executive power is vested in the President of the Philippines.
The judicial department has the power to apply the laws to
contests or disputes concerning legally recognized rights or duties between the state and private persons, or between individual litigants in cases properly brought before the judicial tribunals. The Constitution vests judicial power in the Supreme Court and in lower courts established by law.
2a. Is any branch supreme over the other? What rules or
principles govern their interrelationship?
1 No, there is no branch of government supreme over the other. The three branches of government have an interdependent relationship.
The principle of separation of powers governs the
relationship of the branches of government. This principle prevents them from invading each others domain of power. The underlying reason for the promulgation of this principle is the assumption that abuse of authority would inevitably result from the three branches of government. Each branch of the government has distinct functions vested in them by the Constitution and such cannot be surrendered nor delegated by each branch to another department or agency.
A system of checks and balances also brings equilibrium
to the three branches. The Constitution fixes certain limits on the independence of each department and in order for these limits to be observed, the Constitution gives each department certain powers by which it may definitely restrain the other from exceeding their authority.