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 modeled after the US Constitution.
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.
Branches of Government

Understanding the government structure of the Philippines

is essential in getting a clear picture of the Philippine legal
system. Under the Constitution, governmental powers in the
Philippines is 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.
Primary Source of Philippine Laws

Philippine laws come primarily from laws enacted by

Congress. For this reason the Philippines is considered a
civil law jurisdiction, as opposed to a common law
jurisdiction which is primarily based on court decisions
developed by judges through the years. The modern trend,
however, is blurring this distinction because most common
law jurisdictions - like the United States, Great Britain and
its former colonies - are starting to codify (pass as statutes
through congressional acts) their laws. On the other hand,
even civil law jurisdictions like the Philippines have
embraced the common law practice of courts adhering to
past decisions and being guided by them in deciding similar
cases, which is called the doctrine ofstare decisis.
Laws passed by Congress are called "Republic Acts,"
followed by their appropriate number. During the Marcos
Administration, laws were calledBatas 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."
Administrative Regulations

Regulatory agencies and departments of the government

under the executive branch also issue rules that have the
force of law. Strictly speaking, however, these are not laws
and are appropriately called implementing rules or
administrative regulations because they merely implement
laws enacted by Congress. These agencies or departments
derive their authority through delegation of power by
Congress.
Court Decisions

Court decisions handed down by the Supreme Court, which

is the country's highest court, have the force and effect of
law. Although not laws in their strict meaning as applied to
the Philippines, these are laws in the sense that they say
what the law is. Decisions handed down by lower courts,
however, do not have this effect.

A unique feature of Philippine law is the power conferred on

the Supreme Court under Article VIII, Section 5(5) of
theConstitution. Under this provision, the Supreme Court is
granted rule-making power in the protection and
enforcement of constitutional rights, court proceedings,
practice of law and legal assistance to the underprivileged.
This provision empowers the Supreme Court to promulgate
rules on the enumerated areas that have the force and effect
of law.
International Law

By express provision of Article II, Section 2 of the Philippine

Constitution, the Philippines considers the generally
accepted principles of international law as part of the law of
the land. This is known as theincorporation clause.
According to Isagani Cruz in Philippine Political Law, in
case of irreconcilable conflict between Philippine law proper
and international law the former prevails.
Local Legislations

Aside from the national government which includes the

three branches above-mentioned, the Philippines is divided
into several political units, each being conferred with limited
governmental powers. These are the provinces (made up of
several cities and municipalities), cities, municipalities and

the barangays. Subject to certain limitations and provided

they do not contravene the Constitution and laws passed by
Congress, each of these political units can enact regulations
applicable within their respective territorial jurisdictions.
These regulations are called "ordinances."