Philippine Legal System Flashcards
The Phil. Legal system is hybrid system of what laws? (4)
- Civil Law (Roman)
- Muslim (Islamic Law)
- Common Law (Anglo American)
- Indigenous Law
Two types of statutory laws (2)
- Constitution Enactments
- Legislative Enactments
Primary sources of Muslim Law (5)
- Shari’a
- Quran
- Sunnah
- Ijma
- Qiyas
Are quasi-judicial bodies’ decisions part of the Phil. Legal system?
Yes. However, they are only considered persuasive and not strictly considered case law
Classifications of Legal Sources (3)
- By Authorities
- By Source
- By Character
In the legal system, what is the only source that is binding on the courts? Which are? (6)
Primary Authority
1. Constitution
2. Legislative Statutes
3. Judical Decisions
4. Executive Issuances
5. Treaties
6. Ordinances and Regulations
Subcategories of Primary Authority (2)
- Mandatory Primary Authority
- Persuasive Mandatory Authority
What is Secondary Authority? What does it include? (2)
Secondary sources that provide commentary, analysis, or discussion on primary authorities, not binding but offer persuasive value and include:
1. Commentaries and Treatises (Books, journals, articles, writings that explain/interpret primary legal sources)
2. Opinions and Circulars (DOJ, SEC, BSP)
Classifications of Legal Resources by Authority: (2)
- Primary Authority
- Secondary Authority
What are Primary sources? Examples of Primary sources (3)
Those published by the issuing agency/official repository which is the Official Gazette
1. Republic Acts, Legislative Enactments or Statutes
2. Supreme Court Decisions
3. Supreme Court E-Library
What are Secondary Sources? Give examples (5)
The unofficial sources or those that are referred to as commercially published
1. Vital Legal Documents
2. Supreme Court Reports Annotated (SCRA)
3. Supreme Court Advance Decisions (SCAD)
4. Law Juan Constitution
5. Law Juan Rules of Court
Examples of online access sources (6)
- Chan Robles Law Firm Library
- Arellano Law Foundation Lawphil
- Official Gazette Online
- Supreme Court E-Library
- CD Asia Online
- eSCRA
Classifications of Legal Resources by Sources: (3)
- Primary Source
- Secondary Source
- Online access
Classifications of Legal Resources by Authority: (4)
- Statute Law Books
- Case Law Books
- Combination
- Law Finders
Key characteristics of mandatory primary authorities (3)
- Mandatory primary authority sources are official declarations created by the government from each of its branches: executive, legislative, and judicial.
- Mandatory authority, unlike persuasive authority, refers to binding legal authority that must be followed.
- All mandatory authority constitutes main sources of law. However, not all primary sources of law constitute mandatory authority, as jurisdiction influences whether legal authority is mandatory or persuasive.
