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There is more common law than is imagined, even by Filipino lawyers, in the Philippine mixed legal system. The mix reflects certain communities in the Philippines: the Westernised Christian majority, the Muslims, the indigenous mountain tribes, and even the rebel constituencies.
Legal systems around the world vary greatly, but they usually follow civil law or common law. In common law, past legal precedents or judicial rulings are used to decide cases at hand. Under civil law, codified statutes and ordinances rule the land.
28 Απρ 2024 · The legal system in the Philippines is primarily based on the civil law tradition, owing to its historical influence under Spanish rule, which was then interwoven with American common law during the United States' governance. Key Characteristics of Philippine Law:
The legal system of the Philippine is a mixture of Roman (civil law) and Anglo-American (common law) systems, customary usage, and Islamic law. The civil law operates in areas such as family relations, property, succession, contract and criminal law while statutes and principles of common law origin are evident in such areas as constitutional ...
English Common Law principles, as embodied in Anglo-Amer ican jurisprudence, are used and applied by the courts to the extent that such Common Law principles are not in conflict with the local written laws, customs and institutions as modi fied by the change of sovereignty and subsequent legislation,
The Philippine legal system, in one sentence, is a peculiar mixture of civil law, common law, indigenous customary lavv and contemporary la,v de signed to meet current conditions, with a separate and distinct Muslim legal system operating for the Muslim minority. (Gupit and Martinez, 1993: 95-6)
The mixed legal system in the Philippines includes elements of civil, common, customary, and Islamic law. Legal pluralism in the Philippines can be attributed to the traditions and practices of indigenous communities, as well as the influences of foreign occupying powers: Spain (1565–1898) and the United States (1898–1946).
