Legal System in the Philippines When it comes to the subject of Philippine Legal System, we are to dwell on the existing

laws and organized judicial procedures and methods of our country. More often than not, different countries have relatively different forms of legal system which was created and influenced by historic circumstance and experience. 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 , a law which defines and punishes crimes for instance , is mostly derived from Spanish criminal law. The Philippine Constitution itself is modeled after the American Constitution. Despite the similarities of our legal system with that of Spanish and American laws, however, there are still portions of Philippine law that are original 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. It is also noteworthy that unlike in the United States, there is no jury system in the Philippines. (http://www.nyulawglobal.org/globalex/Philippines1.htm). In our country , the Supreme Court through former Chief Justice Hilario Davide Jr., Justice on Wheels was created and continuously being implemented and enhanced in our judicial system. Basically it is a bus that houses a small courtroom and offices complete with court judge assigned via a rotation scheme, and are staffed by court personnel and a mediator. The mobile court is custom-built to efficiently serve its functions. It is fully air-conditioned and equipped with amenities for the judge, the court personnel, the litigants, and their lawyers.

This program primarily allows court hearings to be held outside the usual courtrooms which aims to make justice even closer to the less privileged as well as to provide a more efficient and expedite cases involving them. (http://www.philstar.com. June 2, 2010). In the United States they have the so called speedy trial , which actually refers to one of the rights guaranteed by the United States Constitution to defendants in criminal proceedings. The right to a speedy trial, is guaranteed by the Sixth Amendment intended to ensure that defendants are not subjected to unreasonably lengthy incarceration prior to a fair trial. Violations of the principle, such as where the state has failed to bring the case to trial for an "unreasonable" length of time, may be a cause for dismissal of a criminal case. (http://caselaw.lp.findlaw.com/data/constitution/amendment06 ). Primarily , Philippines is considered a civil law jurisdiction for our laws come from bills enacted by Congress 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 ,just like the United States, Great Britain are starting to codify their laws. (http://en.wikipedia.org/wiki/List_of_country_legal_systems) .Laws passed by 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 Marcos. The duties carried out by a Member of Congress doesnt only include constituent service, education, political and electoral activities, but on top of it is representation by legislation as an important function in our countrys legal

system. Every time they routinely attend committee hearings and briefings, hold meeting with congressional colleagues drafting, introducing, voting and enacting laws involving local, national and international issues or problems, it gives us more reason to understand and appreciate the nature and significance of our present legal system. Rep. Magtanggol T. Gunigundo I, has view on Legal System: Our legal system may be considered as a unique legal system because it is a blend of Civil, Common, Islamic, and Customary Law. Religion has a great influence in the legal system of the Philippines. For the Muslim or Islamic religion, a special law, the Code of Muslim Personal Laws were promulgated and special courts were established, the Sharia courts. The Code of Muslim Personal Laws include all laws relating to personal status, marriage and divorce, matrimonial and family relations, succession and inheritance, and property relations between spouses. In the Philippines, statutory law includes constitution, treaties, statutes proper or legislative enactments, municipal charters, municipal legislation, court rules, administrative rules and orders, legislative rules and presidential issuances. On the question whether or not there is a need to amend the Constitution, Rep. Gunigundo answered; first, we have to figure out which particular provision or provisions in the Constitution no longer effective. Because the primal purpose of the law is , it should be responsive to present situation. How can we improve our Legal System? Rep. Gunigundo I answered; Better get people, appoint people who deserve the position, hire people who have the right attitude, honest and trustworthy. Not all laws perceive each

situation uniformly, so we need people who may help to carry out justice as it is ,plain and simple. To be an agent in effecting change , making a difference on our system . We cannot eradicate poverty right away, for instance, because poverty is everywhere. One solution I always believe is reforming the policy in education .