Comparative study of the judicial role and its effect

on the theory on judicial precedents in the

Philippine hybrid legal system

 Unique location
History
Diverse cultural backgrounds

Emerging Theory on Judicial Precedents

Stability
Uniformity
Predictability

GRAVITAS

Philippine Historical and Circumstantial Analysis

Common Law
Law de jure
lower court is under the obligation
to accept position held by superior
court
Judges play a role in law-making

Civil Law
Law de facto
Recognize legislation as the
primary source of law
Role of judges in law-making is
very limited

PHILIPPINE HYBRID LEGAL SYSTEM HAS BLENDED

TOGETHER THE UNDERLYING PRINCIPLE OF STARE
DECISIS OF THE COMMON LAW SYSTEM, AND THE
EVOLVING PRINCIPLES OF JUDICIAL PRESIDENTS
OF THE CIVIL LAW SYSTEMS

GRAVITAS

Judicial Precedents

Factors on Theory of judicial precedents in the Philippines

The Spanish judicial system in the

Philippines being as it were, corrupt,
antiquated, and venal; the demand
for a more enlightened and efficient
system of judicature was recognized
by the Philippine Commission.

Transplant of Anglo-American
Laws and Principles
The Attorney-General and the courts of
the Philippines followed Anglo-American
precedents in the nature of common law.

Judicial Review and Constitutional Law

The molding of the Philippine juridical system in
the pattern of the American judiciary, and the
transplanting of American constitutionalism in
Philippine soil resulted in the adoption of the
doctrine of judicial review predicated on the
supremacy of the Constitution over legislative
and executive acts.

Tenacity of Civil Law Influence

The deeply rooted and historicallyconditioned attitudes about the nature of
civil law persisted even as the Philippine
legal system began to adopt AngloAmerican laws and doctrines.

Socio-Economic Demands in Modern Philippine Society

The imperatives of socio-economic
developments influenced the evolution of
the theory of judicial precedents.

GRAVITAS

Adoption of American Court System

Analysis of the theory

Theory that courts are governed in the

following successive order: written
law, customs of the place, judicial
decision, and by general principles of
law. However, it was observed that
the courts do just the opposite.

Characteristics of the Theory

Its application is hierarchical
Its scope is modal
Its form is doctrinal

GRAVITAS

Adoption of the Principle of Stare Decisis

Reflections and conclusion

Unity and stability
Predictability
Flexibility and growth

The case of Louisiana and the Philippines

 Civilian legal tradition was inherited

from France which exercised
sovereignty over the territory until it
was ceded to the United States
The role of precedents is not clear,
there is a tendency not to adhere
strictly to civilian methods and
concepts

Philippines
Former colony of Spain, a civil law
country, and United States, a
common aw country
The Philippine legal system is
composed of legislation, custom,
and precedents.

GRAVITAS

Louisiana