Introduction to Law,

Philippine Legal
System
BY: GLENN R. ROMANO
ASSOCIATE PROFESSORIAL LECTURER– PLM
ASSISTANT CITY PROSECUTOR - MANILA
Law In General

Law
-a rule of conduct, just, obligatory
promulgated by legitimate authority, and of
common observance and benefit.
Law In General

Elements/Characteristics of Law
1. Rule of Conduct
2. Obligatory
3. Promulgated by legitimate authority
4. Common observance and benefit
Philippine Legal System

- mixture of custom, Roman Civil Law and

Anglo-American Common Law systems, and
Islamic law.
Philippine Legal System

Custom
- general practice accepted as law
- rule of law derived from the repeated and
continuous usage for a long period of time.
Philippine Legal System

Roman Civil Law

- a system of written law which are
reasonable and based on logic and equity.
Philippine Legal System

Roman Civil Law

- a system of written law which are
reasonable and based on logic and equity.
- based on the basic principle that the law
must be written and justice cannot be left in
the hands of judges alone to interpret.
Philippine Legal System

Roman Civil Law

- often provided rough justice, but applies
only to people who knew the law and its
consequences in case of breach of the law.
Philippine Legal System

Common Law
- body of unwritten laws based on legal
precedents established by the courts.
Philippine Legal System

Common Law
- judicial precedent, judge-made law
- case law
Philippine Legal System

Common Law
- that body of law derived from judicial
decisions of courts and similar tribunals.
- defining characteristic of “common law” is
that it arises as precedent and applies the
doctrine of stare decisis
Philippine Legal System

Stare Decisis
- is a principle or rule established in a
previous legal case that is either binding on or
persuasive for a court or other tribunal when
deciding subsequent cases with similar issues
or facts.
Philippine Legal System

Islamic Law
- law based on the Muslim faith as
interpreted from the teachings in the Koran.
Philippine Legal System

Notable Features of Islamic Law

- Marriage age at puberty (New Civil Code)
- Annulment of marriage with vitiated consent
within 4 years
- Husband’s right to fix place residence and
preference in the maintenance of the family
Philippine Legal System

Notable Features of Islamic Law

- Husband’s consent required for wife to work
(New Civil Code)
- Custody and guardianship of wife over
children under 7 years old
Philippine Legal System

Effectivity of Laws
Philippine Legal System

Effectivity of Laws
Art. 2. Laws shall take effect after fifteen days
following the completion of their publication in
the Official Gazette, unless it is otherwise
provided. (New Civil Code)
Philippine Legal System

Tañada vs. Tuvera (G.R. No. L-63915 April 24, 1985)

- The clear object of publication is to give
the general public adequate notice of the
various laws which are to regulate their
actions and conduct as citizens.
Philippine Legal System

Tañada vs. Tuvera (G.R. No. L-63915 April 24, 1985)

- Without such notice and publication, there
would be no basis for the application of the
maxim "ignorantia legis non excusat."
Philippine Legal System

Tañada vs. Tuvera (G.R. No. L-63915 April 24, 1985)

- It would be the height of injustice to punish
or otherwise burden a citizen for the
transgression of a law of which he had no
notice whatsoever, not even a constructive
one.
Sources of Law
Sources of Law

1. Constitution
2. Statutes
3. Ordinances
[Link] issuances
Sources of Law

5. Judicial Decisions
6. Treaties and Conventions
Classifications of Laws
Classifications of Laws

CLASSIFICATION OF LAWS ACCORDING TO NATURE:

1. Substantive Law
2. Remedial Law
Classifications of Laws

Substantive Law
-creates, defines and regulates rights and
duties regarding life, liberty or property which
when violated gives rise to a cause of action.
Classifications of Laws

Remedial Law
- prescribes the methods of enforcing those
rights and obligations created by substantive law
by providing a procedural system for obtaining
redress for the invasion of rights and violations of
duties and by prescribing rules as to how suits are
filed, tried and decided by the court
Classifications of Laws

Remedial Law
- prescribes the method of enforcing rights or
obtaining redress for their invasion
Classifications of Laws

CLASSIFICATION OF LAWS ACCORDING TO

APPLICATION:
1. Public Law
2. Private Law
Classifications of Laws

Public Law
- laws that define the relationship between
the State and the individual (e.g Constitution,
Revised Penal Code.
Classifications of Laws

Private Law
- laws that define the relationship between
individuals (e.g Civil Code, Commercial laws).
Classifications of Laws

Divisions/Subjects of Law
1. Remedial Law
2. Political Law
3. Civil Law
4. Commercial/Mercantile Law
Classifications of Laws

Divisions/Subjects of Law
5. Taxation
6. Labor Law
7. Criminal Law
8. Legal and Judicial Ethics
Classifications of Laws

Civil Law
- a system of law which governs and regulates
the relationships between individuals. It covers
their contractual property rights, family and
marital status, and matter of successions, among
others.
Classifications of Laws

Civil Law
- body of rules that delineate private rights and
remedies, and govern disputes between
individuals in such areas as contracts, property.
Classifications of Laws

Criminal Law
- the body of law defining felonies or
offenses and the penalties imposable for the
commission of a crime.
Classifications of Laws

Commercial/Mercantile Law
- also known as trade law
Classifications of Laws

Commercial/Mercantile Law
- also known as trade law or business law
Classifications of Laws

Commercial/Mercantile Law
- also known as trade law or business law
- the body of law that regulates the conduct of
commerce, merchandising and trade.
Classifications of Laws

Taxation Law
- rules, policies and laws that concerning
collection of dues or fees payable to the
government assessed on estates, transactions,
property, income, and licenses.
Classifications of Laws

Taxation Law
- It includes duties on imports and all
compulsory levies imposed by the government
upon individuals or entities.
Classifications of Laws

Labor Law
- area of law concerning which regulates
the relation of relationship of the employee
and the employer.
Classifications of Laws

Labor Law
- It prescribes the rules for hiring and
termination of employees, the conditions of
work, labor standards, and safety in the
workplace, and other employee benefits.
Classifications of Laws

Legal and Judicial Ethics

- laws governing the practice of law and
the embodiment of all principles of morality
and refinement that govern the conduct of
the members of the bar and the bench.
Philippine Judicial System

Nature of Philippine Courts

u Philippine courts are both courts of law and
of equity.
Philippine Judicial System

Nature of Philippine Courts

uA court of law decides a case according to
the promulgated statute. A court of equity
decides a case according to the common
precepts of what is right and just without
inquiring into the terms of the statutes.
Philippine Judicial System

Classification of Philippine Courts

1. Constitutional Court
2. Statutory Court
Philippine Judicial System

Constitutional courts
- those that owe their creation and
existence to the Constitution.
- their existence as well as the deprivation of
their jurisdictions and power cannot be made
the subject of legislation.
Philippine Judicial System

The Supreme Court is the only court created

by the Constitution (Article VIII, Sec. 1[1], 1987
Constitution).
Hierarchy of Courts

Supreme Court

Court of Appeals – Court of Tax Appeals – Sandiganbayan

Regional Trial Courts

Municipal Trial Court (Metropolitan)

Philippine Judicial System

Principle of Hierarchy of Court

- requires that recourse should be made to
the lower courts before they are made to the
higher courts.
Philippine Judicial System

Statutory Courts
- are those created by law whose
jurisdiction is determined by legislation.
Philippine Judicial System

Statutory Courts
- are those created by law whose
jurisdiction is determined by legislation.
- These may be abolished likewise by
legislation.
Philippine Judicial System

Statutory Courts
- are those created by law whose
jurisdiction is determined by legislation.
- These may be abolished likewise by
legislation.
- i.g. Court of Appeals, Regional Trial Courts,
Metropolitan and Municipal Trial Courts
Philippine Judicial System

Statutory Courts
- Court of Appeals, Regional Trial Courts,
Metropolitan and Municipal Trial Courts
Philippine Judicial System

Courts of Original and Appellate Jurisdiction

Philippine Judicial System

Court of Original Jurisdiction

- when actions or proceedings are originally
filed with it.
Philippine Judicial System

Court of Appellate Jurisdiction

- when it has the power of review over the
decisions or orders of a lower court
Philippine Judicial System

Courts of General and Special Jurisdiction

Philippine Judicial System

Courts of General Jurisdiction

- those with competence to decide and to
take cognizance of all cases, civil and
criminal, of a particular nature.
Philippine Judicial System

Court of Special Jurisdiction

- those which have only a special
jurisdiction for a particular purpose or specific
cases
Tourism-related Laws

TOURISM and HOSPITALITY

- refers to all aspects and activities related
to the hospitality and travel industries. It covers
travel, accommodations, and the food
industry. It also include entities or agencies
involved in tourism services.
Tourism-related Laws

Republic Act 9593

- An Act Declaring a National Policy for Tourism
as an Engine of Investment, Employment, Growth
and National Development, and Strengthening
the Department of Tourism and its Attached
Agencies to Effectively and Efficiently Implement
that Policy, and Appropriating Funds Therefor
Tourism-related Laws

Republic Act 9593

- in short
Tourism-related Laws

Republic Act 9593

- in short “The Tourism Act of 2009”
Tourism-related Laws

Republic Act 9593

- created agencies task to promote Philippine
tourism and/or regulate businesses in the Philippine
tourism industry.
Tourism-related Laws

Laws does not only pertain to the different

agencies of the government that is involved in
tourism.
Tourism-related Laws

Laws does not only pertain to the different

agencies of the government that is involved in
tourism.

The law affects all aspects and activities in the

tourism and Hospitability industry.
Tourism-related Laws

Laws applicable in the tourism industry

1. Constitution
Tourism-related Laws

Constitution
- National territory
- Citizenship
- Bill of Rights
Tourism-related Laws

Laws applicable in the tourism industry

1. Constitution
2. P.D. 260 (August 1, 1973)
Tourism-related Laws

P.D. 260 (August 1, 1973)

- designation of national shrines, monuments
and landmarks
Tourism-related Laws

Laws applicable in the tourism industry

1. Constitution
2. P.D. 260 (August 1, 1973)
3. Obligations and Contracts
Tourism-related Laws

Obligations and Contracts

- Arts. 1156 to 1439 of the New Civil Code
Tourism-related Laws

Laws applicable in the tourism industry

1. Constitution
2. P.D. 260 (August 1, 1973)
3. Obligations and Contracts
4. Law on Business Associations
Tourism-related Laws

Law on Business Associations

- Revised Corporation Code (R.A. 11232)
- Partnership (Arts. 1767 to 1867, New Civil Code)
- Cooperative (R.A. 9520)
Tourism-related Laws

Law on Business Associations

- Barangay Micro Business Enterprise Act (R.A.
9178)
- Magna Carta for Small Enterprises (R.A. 6977,
as amended by R.A. 8289 and R.A. 9501)
Tourism-related Laws

Laws applicable in the tourism industry

1. Constitution
2. P.D. 260 (August 1, 1973)
3. Obligations and Contracts
4. Law on Business Associations
5. Law on Sales
Tourism-related Laws

Law on Sales
- (Arts. 1458 to 1637, New Civil Code)
- R.A. 6552 (Maceda Law)
- Act. 4122 (Recto Law, Art. 1484, NCC)
Tourism-related Laws

Laws applicable in the tourism industry

1. Constitution
2. P.D. 260 (August 1, 1073)
3. Obligations and Contracts
4. Law on Business Associations
5. Law on Sales
Tourism-related Laws

Laws applicable in the tourism industry

6. Credit transactions
Tourism-related Laws

Credit transactions
- loans
- deposit
- guaranty and surety
Tourism-related Laws

Laws applicable in the tourism industry

6. Credit transactions
7. Transportation laws
Tourism-related Laws

Transportation laws
- transportation regulatory bodies
- law on common carrier
Tourism-related Laws

Laws applicable in the tourism industry

6. Credit transactions
7. Transportation laws
8. Torts and damages
Tourism-related Laws

Torts and damages

- liability in case of personal or proprietorial injury
Tourism-related Laws

Laws applicable in the tourism industry

6. Credit transactions
7. Transportation laws
8. Torts and damages
9. Philippine Passport Law (R.A 8239, as
amended by R.A. 10928)
Tourism-related Laws

Laws applicable in the tourism industry

10. The Immigration Act of 1940
(Commonwealth Act No. 613)