Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd Logo
Upload

Welcome to Scribd!

  • 2K views

    Sources of LAW

    Uploaded by

    Leslie S. Andres
    The main sources of Philippine law are the Constitution, statutes, treaties and conventions, and judicial decisions. The Constitution is the highest authority that all official actions must conform to. Statutes provide details on matters not covered in the Constitution and are enacted by the Philippine legislature. Treaties that the Philippines enters into have the same authority as legislative enactments. The current Philippine legal system is a mixed system that draws from civil law, common law, Islamic law, and customary law.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd

    Sources of LAW

    Uploaded by

    Leslie S. Andres
    2K views13 pages
    The main sources of Philippine law are the Constitution, statutes, treaties and conventions, and judicial decisions. The Constitution is the highest authority that all official actions must conform to. Statutes provide details on matters not covered in the Constitution and are enacted by the Philippine legislature. Treaties that the Philippines enters into have the same authority as legislative enactments. The current Philippine legal system is a mixed system that draws from civil law, common law, Islamic law, and customary law.

    Copyright

    © © All Rights Reserved

    Available Formats

    PPTX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The main sources of Philippine law are the Constitution, statutes, treaties and conventions, and judicial decisions. The Constitution is the highest authority that all official actions must conform to. Statutes provide details on matters not covered in the Constitution and are enacted by the Philippine legislature. Treaties that the Philippines enters into have the same authority as legislative enactments. The current Philippine legal system is a mixed system that draws from civil law, common law, Islamic law, and customary law.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    2K views13 pages

    Sources of LAW

    Uploaded by

    Leslie S. Andres
    The main sources of Philippine law are the Constitution, statutes, treaties and conventions, and judicial decisions. The Constitution is the highest authority that all official actions must conform to. Statutes provide details on matters not covered in the Constitution and are enacted by the Philippine legislature. Treaties that the Philippines enters into have the same authority as legislative enactments. The current Philippine legal system is a mixed system that draws from civil law, common law, Islamic law, and customary law.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 13

    SOURCES OF LAW

    SOURCES OF LAW
    THE MAIN SOURCES OF
    PHILIPPINE LAW ARE THE
    CONSTITUTION, STATUTES,
    TREATIES AND CONVENTIONS,
    AND JUDICIAL DECISIONS.
    CONSTITUTION
    • 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. ON
    THE OTHER HAND, STATUTES ARE INTENDED TO
    SUPPLY THE DETAILS WHICH THE CONSTITUTION,
    BECAUSE OF ITS NATURE, MUST LEAVE
    UNPROVIDED FOR.
    STATUTES
    • IS A FORMAL WRITTEN LAW
    ENACTMENT OF A LEGISLATURE
    AUTHORITY THAT GOVERNS A
    STATE,CITY OR COUNTRY.
    TYPICALLY, STATUTES COMMAND
    OR PROHIBIT SOMETHING, OR
    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.
    TREATIES AND CONVENTIONS
    • HAVING THE SAME FORCE OF AUTHORITY AS
    LEGISLATIVE ENACTMENTS ARE THE TREATIES
    WHICH THE PHILIPPINES ENTERS INTO WITH
    OTHER STATES. A TREATY HAS BEEN DEFINED AS A
    COMPACT MADE BETWEEN TWO OR MORE
    INDEPENDENT NATIONS WITH A VIEW TO THE
    PUBLIC WELFARE.1 AS A MEMBER OF THE FAMILY
    OF NATIONS, THE PHILIPPINES IS A SIGNATORY TO
    CURRENT LEGAL
    SYSTEM
    LEGAL SYSTEMS
    •MIXED LEGAL
    SYSTEM OF CIVIL,
    COMMON, ISLAMIC,
    AND CUSTOMARY
    CIVIL LAW
    •
    CIVIL LAW, CIVILIAN LAW OR ROMAN LAW IS A LEGAL
    SYSTEM ORIGINATING IN EUROPE, INTELLECTUALIZED WITHIN THE
    FRAMEWORK OF LATE ROMAN LAW, AND WHOSE MOST PREVALENT
    FEATURE IS THAT ITS CORE PRINCIPLES ARE CODIFIED INTO A
    REFERABLE SYSTEM WHICH SERVES AS THE PRIMARY SOURCE OF
    LAW.
    • CIVIL LAW IS A BRANCH OF THE LAW. IN COMMON LAW COUNTRIES
    SUCH AS ENGLAND, WALES, AND THE UNITED STATES, THE TERM
    REFERS TO NON-CRIMINAL LAW. THE LAW RELATING
    TO CIVIL WRONGS AND QUASI-CONTRACTS IS PART OF THE CIVIL
    LAW. THE LAW OF PROPERTY IS EMBRACED BY CIVIL LAW.
    RELIGIOUS LAW (ISLAMIC)
    •RELIGIOUS LAW REFERS TO
    ETHICAL AND MORAL CODES
    TAUGHT BY RELIGIOUS
    TRADITIONS. EXAMPLES
    INCLUDE CHRISTIAN
    CANON LAW, ISLAMIC SHARIA,
    CUSTOMARY LAW
    • 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’. THIS WAS TRUE EVEN AS EARLY AS 1899
    BECAUSE THE OLD CIVIL CODE PROVIDED THAT ‘WHERE NO
    STATUTE IS EXACTLY APPLICABLE TO THE POINT IN
    CONTROVERSY, THE CUSTOM OF THE PLACE SHALL BE
    APPLIED, AND IN THE ABSENCE THEREOF, THE GENERAL
    COMMON LAW
    • COMMON LAW (ALSO KNOWN AS
    CASE LAW OR PRECEDENT)
    IS LAW DEVELOPED BY JUDGES,
    COURTS, AND SIMILAR TRIBUNALS,
    STATED IN DECISIONS THAT NOMINALLY
    DECIDE INDIVIDUAL CASES BUT THAT IN
    ADDITION HAVE PRECEDENTIAL EFFECT
    RULE OF EQUITY
    • IN JURISDICTIONS FOLLOWING
    THE ENGLISH COMMON LAW, EQUITY IS THE SET
    OF MAXIMS THAT "REIGN OVER ALL THE LAW"
    AND "FROM WHICH FLOW ALL CIVIL LAWS".
    • EQUITY IS COMMONLY SAID TO "MITIGATE THE
    RIGOUR OF COMMON LAW", ALLOWING COURTS
    TO USE THEIR DISCRETION AND APPLY JUSTICE IN
    ACCORDANCE WITH NATURAL LAW. IN PRACTICE,

    You might also like