Gavin Howe
The Philippines has a mixed legal system that includes civil, common, customary, and Islamic law. The country's legal framework is influenced by its history of colonisation by Spain and the United States, as well as the earlier immigration of Muslim Malays. The Philippine Constitution, ratified in 1987, is the foundation of the country's legal system, outlining the government's structure, citizens' rights and freedoms, and the nation's guiding principles. The Philippines' laws cover various aspects of society, including civil, criminal, labour, family, and business matters.
| Characteristics | Values |
|---|---|
| Foundation of the legal system | The Philippine Constitution |
| Official languages | English and Filipino |
| Dialects | 87 major dialects |
| Type of legal system | A mixture of customary usage, civil law, common law, and Islamic law |
| Main sources of law | Statues, jurisprudence, and international treaties |
| Number of court tiers | Four |
| Highest judicial authority | The Supreme Court |
| Indigenous peoples' rights | Protected by the Philippine Constitution and the Indigenous Peoples' Rights Act of 1997 |
| Areas covered by civil law | Family relations, property, succession, contract, and criminal law |
| Areas covered by common law | Constitutional law, procedure, corporations law, taxation, insurance, labor relations, banking, and currency |
| Areas covered by labor law | Employment relationships, working conditions, wages, benefits, labor standards, and dispute resolution |
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What You'll Learn
Civil law
The Philippines has a variety of laws that govern different aspects of society, including civil, criminal, labour, family, and business matters. Civil law, in particular, deals with private rights and relationships between individuals. The Civil Code of the Philippines, enacted in 1950, is a comprehensive set of laws that govern various civil matters, including obligations and contracts, property rights, family relations, succession, and naturalization.
The Civil Code recognises the eminent role of judicial decisions and interpretations by the Supreme Court, as stated in Article 8: "Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines". This is particularly evident in developments in torts and damages law, which are largely guided by judicial precedents. The Civil Code provides provisions on quasi-delicts and damages, where harm has been done and compensation may be sought.
The Civil Code also covers family relations, including marriage. Article 52 states that marriage is "not a mere contract but an inviolable social institution", with its nature, consequences, and incidents governed by law. Marriage licenses are issued by the local civil registrar, who maintains a register of all applications. Marriages performed outside of the Philippines are generally recognised as valid, except for bigamous, polygamous, or incestuous marriages as defined by Philippine law.
The Civil Code addresses property rights, including the acquisition and possession of property by juridical persons, as well as the disposal of property upon the dissolution of corporations, institutions, or other public entities. Additionally, the Code has been influenced by the Spanish Civil Code, particularly in books on property, succession, and obligations and contracts.
Overall, the Civil Code of the Philippines is a wide-ranging and influential set of laws that govern various aspects of civil life, from family and property relations to obligations and naturalization. It plays a crucial role in maintaining order, justice, and the protection of individual rights in the country.
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Criminal law
The Code defines felonies and circumstances that affect criminal liability, including justifying circumstances and those that exempt, mitigate or aggravate criminal liability. It also defines the classification, duration, and effects of criminal penalties.
Under the Code, acts and omissions punishable by law are called felonies. For a felony to be considered consummated, all the elements necessary for its execution and accomplishment must be present. A felony is frustrated when the offender performs all the acts of execution but does not produce the felony due to causes independent of their will. There is an attempt when the offender commences the commission of a felony but does not perform all the necessary acts.
The Code also outlines individual criminal responsibility. A person who commits a crime within the jurisdiction of the Court is individually responsible and liable for punishment. This includes those who commit a crime as an individual, jointly with another, or through another person. Those who order, solicit, or induce the commission of a crime, as well as those who aid, abet, or assist in its commission, are also liable.
The penalties prescribed for accessories shall not be imposed on those who are related to the offender as a spouse, ascendant, descendant, or sibling.
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Labour law
The Constitution is the most important law in the Philippines, and all other laws, including the Labour Code and employment statutes, must conform to it. The Constitution prescribes a balanced treatment of labour and capital, recognising the right of labour to its fair share in the fruits of production and the right of enterprises to reasonable returns on investments. It acknowledges the inequality between capital and labour, and the unequal footing between employers and employees, so the State has the responsibility to protect the employee. As such, labour contracts are not treated as ordinary private contracts but are imbued with public interest and subject to police power measures.
The Employment Act outlines several rights and protections for employees, including the right to fair compensation, safe working conditions, rest days and leave, social security and health benefits, and equal opportunities. Employers must provide clear employment contracts outlining terms and conditions of employment. The standard working hours in the Philippines are eight hours per day, with a maximum of 48 hours per week. Employees are entitled to a one-hour meal break for every eight hours worked and overtime pay beyond the standard hours. The minimum wage varies by region and industry, and employers must comply with prescribed rates to ensure fair compensation. Employees are also entitled to various leave benefits, including service incentive leave, maternity leave, paternity leave, solo parent leave, and special leave for women.
The Occupational Safety and Health Standards provide guidelines for employers to ensure workplace safety and a healthy working environment.
The Philippines also has laws in place to protect Filipino workers abroad. It is mandatory for these workers to remit a portion of their foreign exchange earnings to their families, dependents, or beneficiaries in the country. The Labor Attachés, Labor Reporting Officers, and Philippine diplomatic or consular officials are responsible for providing assistance to Filipino workers within their jurisdiction on all matters arising out of employment.
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Family law
The Family Code covers a range of fields, including marriage, annulment, child custody, adoption, and property relations between spouses. It establishes the requirements for a valid marriage, prenuptial agreements, and the grounds for annulment. When it comes to child custody and support, family law attorneys help parents reach agreements and ensure that the best interests of the child are prioritised.
Adoption is another key area of family law in the Philippines. Attorneys guide prospective adoptive parents through the legal process, ensuring compliance with requirements and protecting the rights of all involved parties. Family law also assists individuals seeking legal guardianship of a child, always prioritising the child's best interests.
Furthermore, family law in the Philippines includes provisions to protect individuals from domestic violence. The Anti-Violence Against Women and Their Children Act (RA 9262) provides legal remedies and safeguards for victims. Family law attorneys assist victims in obtaining protection orders and ensuring their safety and well-being.
In the event of a divorce or separation, family law addresses the division of property and assets acquired during the marriage. Attorneys help clients navigate these issues, striving for a fair and equitable distribution of marital assets. Overall, family law in the Philippines is a comprehensive field that aims to protect the rights and well-being of individuals within the context of family relationships.
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Business law
The Philippines has enacted numerous laws that govern various aspects of society, including business matters. These laws cover many areas, including labor standards, taxation, consumer protection, and environmental regulations.
One notable law relevant to businesses in the Philippines is the Foreign Investments (FI) Act or Republic Act No. 7042. This law aims to attract foreign investment by creating a comprehensive framework for foreign-owned businesses to enter, establish, and operate in the country. The act has undergone multiple amendments to make it more appealing to foreign investors, such as allowing them to own up to 100% of a business and providing tax holidays and simplified customs procedures.
Another important piece of legislation is the Philippine Competition Act (PCA) or Republic Act No. 10667, enacted in 2015. The PCA promotes fair competition in trade and commerce, prevents anti-competitive behaviour, and protects consumers from fraudulent or unfair practices. It also encourages transparency in public procurement and government contracts.
The Barangay Micro Business Enterprises (BMBE) Act, or Republic Act No. 9178, is a law designed to support micro-enterprises in the Philippines. It provides benefits such as income tax exemption, exemption from the minimum wage law, and access to government financing programs for businesses with assets not exceeding 3 million and no more than 10 workers.
Additionally, the Revised Corporation Code of the Philippines, or Republic Act No. 11232, updated the previous Corporate Code and came into effect in 2019. Other notable business-related acts include the Corporate Recovery and Tax Incentives for Enterprises (CREATE) Act, which provided economic relief to businesses impacted by the COVID-19 pandemic.
Understanding these laws is crucial for businesses to maintain compliance and ensure their success in the Philippine market.
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Frequently asked questions
The Philippines has a mixed legal system that includes elements of civil, common, customary, and Islamic law. The country's legal system is influenced by its history of colonisation by Spain and the United States.
The Philippine Constitution, ratified in 1987, is the supreme law of the land. It outlines the structure of the government, the rights and freedoms of Filipino citizens, and the principles that guide the nation.
The Civil Code of the Philippines governs various civil matters, including obligations and contracts, property rights, family relations, succession, and criminal law. The Family Code of the Philippines provides regulations on family relations, marriage, annulment, legal separation, child custody, and adoption. The Revised Penal Code outlines criminal offences, their corresponding penalties, and procedures for prosecution.
Customs may be considered a supplementary source of law, as long as they do not contradict established law, public order, or public policy. The Indigenous Peoples’ Rights Act of 1997 affirmed the rights of indigenous peoples and their cultural communities, including the concept of “free, prior informed consent” regarding cultural development and land rights.
The Philippines has a four-tiered court system with multiple specialised courts. The Supreme Court is the highest judicial authority, with original and appellate jurisdiction. Lower courts include the Court of Appeals, with its own Presiding Justice and Associate Justices.
