INTRODUCTION TO THE PHILIPPINE LEGAL SYSTEM

Legal Systems

1.Common Law 2.Civil Law

Bicameral System

double chamber body

Article 3, civil code

"Ignorance of the law excuses no one from compliance therewith."

Basic Legal Principle and Notions

1.Equality 2.Fairness 3.Justice 4.Due Process

Branches of Government

1.Executive 2.Legislative 3.Judicial One basic corollary in a democratic system of government is the principle of separation of powers wherein legislation belongs to Congress, execution to the Executive, and settlement of legal controversies to the Judiciary.

Characteristics of Law

1.It is a rule of conduct 2.It is obligatory 3.It is promulgated by legitimate authority 4.It is of common observance and benefit

Local Governments

Article X, of the 1987 Constitution provides for the territorial and political subdivisions of the Philippines as follows: province, cities, municipalities and barangays. The 1991 Local Government Code or Republic Act No. 7160 provides the detail that implements the provision of the Constitution. The officials, namely, the governor, city mayor, city vice mayor, municipal mayor, municipal vice-mayor and punong barangay are elected by their respective units. (1991 Local Government Code, Title II, Chapter 1, sec. 41 (a)). The regular members of the sangguniang panlalawigan (for the province), sangguniang panglunsod (for cities), sangguniang bayan (municipalities) are elected by districts while the sangguniang barangays are elected at large. •Each territorial or political subdivision enjoys local autonomy as defined in Constitution. The President exercises supervision over local Governments.

Custom

It consists of those habits and practices which through long and uninterrupted usage have become acknowledged and approved by society as binding rules of conduct. It has the force of law when recognized and enforced by the state. A custom must be proved as a fact according to the rules of evidence. (Art. 12) It may be applied by the courts in the absence of law or statute exactly applicable to the point in controversy. But customs which are contrary to law, public order or public policy are not countenanced.

Supreme Court

The Constitution expressly grants the ________ the power of Judicial Review as the power to declare a treaty, international or executive agreement, law, presidential decree, proclamation, order, instruction, ordinance or regulation unconstitutional.

Jurisprudence

The decisions of the Supreme Court, applying or interpreting the law form part of the legal system of the Philippines. The Supreme Court, however, may reverse or modify any of its previous rulings.

the 1987 Constitution.

The operation of our Philippine legal system is basically dictated by our Constitution. The present political structure is defined by...

Senate and the House of Representatives

The two parts of the Philippine Congress

Law (Sanchez Roman)

a rule of conduct, just, obligatory, promulgated by legitimate authority, and of common observance and benefit

Law (De Leon)

any rule of action or any system of uniformity

Office of the Ombudsman

called the protectors of the people for they are tasked to act promptly on complaints filed against public officials or employees of the government including government owned and controlled corporations. The _________ shall give priority to complaints filed against high ranking government officials and those occupying supervisory positions.

Commission on Human Rights

created as an independent office for cases of violation of human rights. It is composed of a Chairman and four (4) members

Legislation

declaration of legal rules by a competent authority; in the Philippines, acts passed by the legislature are the so-called enacted law or statute law.

Other Sources of Laws

include principles of justice and equity, decisions of foreign tribunals, opinions of text writers and religion. They are, however, only supplementary, that is, they are resorted to by the courts in default of all the other sources. They have only persuasive effect.

Administrative Issuances, Executive Orders, Regulations, and Rulings

issued by administrative officials under legislative authority. Administrative rules and regulations are intended to clarify or explain the law and carry into effect its general provisions by providing the details of administration and procedure. Administrative acts are valid only when they are not contrary to the laws and the Constitution

Law (Tolentino)

mass of obligatory rules established for the purpose of governing the relations of persons in society

Commission on Election

primary function is to manage and maintain its authority and independence in the conduct of elections. The ________ exercises administrative, quasi-judicial and judicial powers. It consists of one Chairman and 6 commissioners, all of whom have a 7-year term without reappointment.

Constitutional Commissions

refer to those bodies created directly in the Constitution in addition to the three branches of government. In the exercise of their powers and functions, they are supreme within their own sphere.

President

the Chief of State (head of government) and the Commander-in-Chief of all the Armed Forces of the Philippines.

Civil Service Commission

the central personnel agency of the Philippine government. Its main responsibility is the recruitment, building, maintenance and retention of a competent, professional and highly motivated government workforce truly responsive to the needs of the government's client - the public

Legislative

vested with the authority of Congress under the Constitution to make laws and to alter and repeal them.

Commission on Audit

vested with the authority to examine, audit and settle all accounts pertaining to the revenue and receipts of and expenditures or uses of funds and property owned or held in trust by or pertaining to the Government including government owned and controlled corporations with original charters.

Judicial

vested with the power of courts to apply the laws to disputes between the State and private persons, or between individuals in cases properly brought before them.

Executive

vested with the power to administer or enforce the laws for their observance by the people.

Constitution

written instrument by which the fundamental powers of the government are established, limited, and defined and by which these powers are distributed among the three branches thereof for their safe and useful exercise for the benefit of the people.

Constitutional System in the Philippines

written instrument by which the fundamental powers of the government are established, limited, and defined and by which these powers are distributed among the three branches thereof for their safe and useful exercise for the benefit of the people.