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LegRes Intro To Law 4
LegRes Intro To Law 4
LAWS
Source: Legal Research by Ng, Po, and Po
Statutes
Implementing Rules
and Regulations
Court Decisions
Civil Law System
◦ Civil law system is a legal system that has drawn inspiration largely from the Roman law heritage and
which, by giving precedence to written law, has resolutely opted for a systematic codification of its
general law.
◦ The Philippines mainly follows the Civil Law System.
Common Law System
◦ It is the body of law that develops and derives through judicial decisions as distinguished from legislative
enactments.
Examples of Common Law Doctrines
◦ Precedent
◦ An earlier court decision on an issue that applies to govern or guide a subsequent court in its determination of
identical or similar issues based upon identical or similar facts.
◦ Doctrine of Stare Decisis
◦ A court must follow a previous decisions of a higher court in the jurisdiction when the decision involves issues and
facts similar to those involved in the previous decision.
◦ This doctrine is being applied here in the Philippines.
Philippine Civil Law System with a
Common Law Touch
◦ The Philippines adopted the Civil Law System when it was under the influence of Spain. However, some
political laws were changed by the Americans and some aspects of the Common Law System were
incorporated in the Philippine Legal System in such a way that case laws are observed in judicial cases.
◦ The Philippines adhere to a uniform civil law system, but there is a touch of common law tradition.
◦ However, the application of case laws in the Philippines is different from the truly common law system
because the Civil Code provides t hat only judicial decisions applying or interpreting the laws or the
Constitution shall form part of the legal system of the Philippines.
◦ Common law is composed of the law created by the courts in 2 situations – when there is no law
governing a topic or through interpretation of enacted law where the meaning or application of the
enacted law is unclear.
Private Law and Public Law
◦ Private Law governs the relationships among individual citizens.
◦ Public Law governs the relationship between the state and the people.
Civil Law and Criminal Law
◦ Civil Law is a form of private law and governs the relationships between individual citizens. It governs
the issues that arise between parties over private rights.
◦ Criminal Law is an aspect of public law and relates to conduct which the State considers with
disapproval and which it seeks to control and/or eradicate.
Substantive Law
◦ Substantive Law creates and resolves the issue between the parties. These are legal standards that guide
conduct and that are applied to determine whether or not conduct was legally appropriate.
◦ It creates, defines, and regulates rights.
◦ It includes the rights and duties of citizens, and it provides the basis to resolve issues involving those
rights.
◦ Example – New Civil Code, Revised Penal Code
Procedural Law
◦ Law used to guide parties fairly and efficiently through the legal system such as it provides the time limit
for bringing a law suit, the manner of filing a complaint or petition, and the procedure at trial, among
others.
◦ It prescribes a method of enforcing rights or of obtaining redress for the invasion of rights.
◦ It mainly facilitates the movement of a lawsuit through the legal system.
◦ Examples – Rules of Civil Procedure, Rules of Criminal Procedure, Rules of Evidence
END