PHILIPPINES Law and Practice Contributed by: Leland R Villadolid J, Gilberto D Gallos, Antonio Jose Gerardo T Paz and Leo Frederick Z Cruz, Angara Abello Concepcion Regala & Cruz (ACCRALAW)
Angara Abello Concepcion Regala & Cruz (ACCRALAW) 22F ACCRALAW Tower 2nd Avenue corner 30th Street Bonifacio Global City 1635 Taguig, Metro Manila Philippines Tel: +632 8830 8000 Email: accra@accralaw.com Web: www.accralaw.com
1. General 1.1 General Characteristics of the Legal System The Philippine legal system is primarily based on civil law, traceable to the Spanish colonial period. Its laws are principally based on statutes. This civil law tradition is supplemented by common law principles attributable to the American colonial influence, in that decisions of the Supreme Court applying or interpret- ing the laws or the Constitution form part of the legal system of the Philippines. Legal proceedings are generally adversarial in nature. The parties in dispute are each represented by coun- sel before a judge or tribunal. Outside the evidential hearings, the legal process is conducted primarily through written submissions. However, the parties are allowed to request – or the court may require – oral arguments to discuss or clarify particular issues. 1.2 Court System The Philippine judicial system consists of a four-level judicial hierarchy. At the first level are: • the Metropolitan Trial Courts (MeTCs); • the Municipal Trial Courts in Cities (MTCCs); • the Municipal Trial Courts (MTCs) and Municipal Circuit Trial Courts (MCTCs) established in cities and municipalities; and
• Sharia Circuit Courts in certain municipalities in Mindanao. At the second level are the Regional Trial Courts (RTCs) distributed throughout the 13 judicial regions of the Philippines, and Sharia District Courts established in certain provinces in Mindanao. Certain RTCs are designated as Family Courts and Commercial Courts. The third-level courts include: • the Court of Appeals; • the Court of Tax Appeals; and • the Sandiganbayan. At the top of the hierarchy of courts is the Supreme Court. The Supreme Court administers and supervises all regular courts comprising the integrated judicial system, and promulgates rules concerning pleading, practice and procedure. There are also quasi-judicial agencies with quasi-judi- cial powers, including the three Constitutional Com- missions – ie: • the Commission on Elections; • the Commission on Audit; and • the Civil Service Commission. Other quasi-judicial agencies include (among others): • the Securities and Exchange Commission; • the Land Registration Authority; and
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