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    Sources of Law

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    Elixer Reolalas
    The main sources of Philippine law are the Constitution, statutes, treaties and conventions, and judicial decisions. The Constitution is the highest authority in the country. Treaties are agreements between nations to promote public welfare. Judicial decisions also help develop Philippine law through legal precedents set by the Supreme Court. There are over 17,000 statutes that have been enacted since 1900. Currently there are 30 codes that cover various legal topics in the Philippines.

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    Sources of Law

    Uploaded by

    Elixer Reolalas
    86 views9 pages
    The main sources of Philippine law are the Constitution, statutes, treaties and conventions, and judicial decisions. The Constitution is the highest authority in the country. Treaties are agreements between nations to promote public welfare. Judicial decisions also help develop Philippine law through legal precedents set by the Supreme Court. There are over 17,000 statutes that have been enacted since 1900. Currently there are 30 codes that cover various legal topics in the Philippines.

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    Original Title

    SOURCES-OF-LAW (1)

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    The main sources of Philippine law are the Constitution, statutes, treaties and conventions, and judicial decisions. The Constitution is the highest authority in the country. Treaties are agreements between nations to promote public welfare. Judicial decisions also help develop Philippine law through legal precedents set by the Supreme Court. There are over 17,000 statutes that have been enacted since 1900. Currently there are 30 codes that cover various legal topics in the Philippines.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    86 views9 pages

    Sources of Law

    Uploaded by

    Elixer Reolalas
    The main sources of Philippine law are the Constitution, statutes, treaties and conventions, and judicial decisions. The Constitution is the highest authority in the country. Treaties are agreements between nations to promote public welfare. Judicial decisions also help develop Philippine law through legal precedents set by the Supreme Court. There are over 17,000 statutes that have been enacted since 1900. Currently there are 30 codes that cover various legal topics in the Philippines.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 9

    Topic 1

    SOURCES OF LAW
    The main sources
    of Philippine law
    are the
    Constitution,
    statutes,
    treaties and
    conventions,
    and judicial
    decisions.
    THE CONSTITUTION IS THE FUNDAMENTAL LAW OF
    THE LAND AND AS SUCH, IT IS AUTHORITY OF THE
    HIGHEST ORDER AGAINST WHICH NO OTHER
    AUTHORITY CAN PREVAIL. EVERY OFFICIAL ACTION,
    TO BE VALID, MUST CONFORM TO IT.
    A TREATY HAS BEEN DEFINED AS A COMPACT MADE
    BETWEEN TWO OR MORE INDEPENDENT NATIONS
    WITH A VIEW TO THE PUBLIC WELFARE. AS A
    MEMBER OF THE FAMILY OF NATIONS, THE
    PHILIPPINES IS A SIGNATORY TO AND HAS
    CONCLUDED NUMEROUS TREATIES AND
    CONVENTIONS.
    PHILIPPINE LAW IS ALSO DERIVED FROM CASES BECAUSE THE CIVIL CODE PROVIDES
    THAT ‘JUDICIAL DECISIONS APPLYING TO OR INTERPRETING THE LAWS OR THE
    CONSTITUTION SHALL FORM A PART OF THE LEGAL SYSTEM OF THE PHILIPPINES’.

    ONLY DECISIONS OF ITS SUPREME COURT ESTABLISH JURISPRUDENCE AND ARE


    BINDING ON ALL OTHER COURTS. THUS, THESE DECISIONS ASSUME THE SAME
    AUTHORITY AS THE STATUTES TO WHICH THEY APPLY OR INTERPRET AND UNTIL
    AUTHORITATIVELY ABANDONED, NECESSARILY BECOME, TO THE EXTENT THAT THEY
    ARE APPLICABLE, THE CRITERIA WHICH MUST CONTROL THE ACTUATIONS NOT
    ONLY OF THOSE CALLED UPON TO ABIDE THEREBY BUT ALSO OF THOSE DUTY-
    BOUND TO ENFORCE OBEDIENCE THERETO.
    TO A CERTAIN EXTENT, CUSTOMARY LAW FORMS
    PART OF THE FILIPINO LEGAL HERITAGE BECAUSE
    THE 1987 CONSTITUTION PROVIDES THAT “THE
    STATE SHALL RECOGNIZE, RESPECT, AND PROTECT
    THE RIGHTS OF INDIGENOUS CULTURAL
    COMMUNITIES TO PRESERVE AND DEVELOP THEIR
    CULTURES, TRADITIONS AND INSTITUTIONS.”
    PHILIPPINE STATUTES

    THE STATUTES OF THE PHILIPPINES ARE FOUND IN THE VARIOUS


    ENACTMENTS OF THE PHILIPPINE LEGISLATURE SINCE ITS CREATION IN
    1900. FROM THE ESTABLISHMENT OF THE AMERICAN CIVIL GOVERNMENT
    IN 1900 TO 1935, THERE WERE 4,275 LAWS PASSED BY THE PHILIPPINE
    COMMISSION AND ITS BICAMERAL SUCCESSOR, THE PHILIPPINE
    LEGISLATURE.
    PHILIPPINE STATUTES

    THE COMMONWEALTH PERIOD WITNESSED THE ENACTMENT OF 733 STATUTES WHILE


    6,635 REPUBLIC ACTS WERE LEGISLATED FROM 04 JULY 1946 TO 21 SEPTEMBER 1972.
    DURING THE MARTIAL LAW PERIOD, A TOTAL OF 2,035 PRESIDENTIAL DECREES WERE
    PROMULGATED AS OF 20 FEBRUARY 1986. A TOTAL OF 302 EXECUTIVE ORDERS HAVE BEEN
    ISSUED BY PRESIDENT CORAZON C AQUINO. CONGRESS CONVENED ON 27 JULY 1987 AND
    HAS ENACTED 9,338 REPUBLIC ACTS TO DATE. THUS, THERE HAS BEEN A TOTAL OF 17,574
    STATUTES SINCE 1900.
    PHILIPPINE STATUTES

    THERE ARE 30 CODES IN FORCE TODAY; (1) CIVIL CODE (2) REVISED PENAL CODE (3) CODE OF
    COMMERCE (1888); (4) ADMINISTRATIVE CODE; (5) NATIONAL INTERNAL REVENUE CODE; (6)
    ELECTION CODE; (7) TARIFF AND CUSTOMS CODE; (8) CODE OF AGRARIAN REFORMS; (9) LAND
    TRANSPORTATION AND TRAFFIC CODE; (10) NATIONAL BUILDING CODE; (11) REVISED FORESTRY
    CODE; (12) COOPERATIVE CODE; (13) LABOUR CODE; (14) NATIONAL CODE OF MARKETING
    BREASTMILK SUBSTITUTES; (15) INSURANCE CODE; (16) CHILD AND YOUTH WELFARE CODE; (17)
    SANITATION CODE; (18) WATER CODE; (19) PHILIPPINE ENVIRONMENT CODE; (20) MUSLIM CODE OF
    PERSONAL LAWS; (21) FIRE CODE; (22) COCONUT INDUSTRY CODE; (23) CORPORATION CODE; (24)
    OMNIBUS INVESTMENTS CODE OF 1987; (25) STATE AUDITING CODE; (26) LOCAL GOVERNMENT
    CODE; (27) THE FAMILY CODE; (28) PHILIPPINE FISHERIES CODE OF 1998; (29) INTELLECTUAL
    PROPERTY CODE;AND (30) THE SECURITIES REGULATION CODE.

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