PHILIPPINES Law and Practice Contributed by: Leland R Villadolid Jr, Gilberto D Gallos, Antonio Jose Gerardo T Paz and Leo Frederick Z Cruz, Angara Abello Concepcion Regala & Cruz
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 stat- utes. This civil law tradition is supplemented by common law principles attributable to the Ameri- can colonial influence, in that decisions of the Supreme Court applying or interpreting 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 repre- sented by counsel before a judge or tribunal. Outside the evidential hearings, the legal pro- cess is conducted primarily through written sub- missions. However, the parties are allowed to request – or the court may require – oral argu- ments 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 Munici- pal 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 Mind-
anao. 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 adminis- ters and supervises all regular courts comprising the integrated judicial system, and promulgates rules concerning pleading, practice and proce- dure. There are also quasi-judicial agencies with qua- si-judicial powers, including the three Constitu- tional Commissions – 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 • the Energy Regulatory Board. 1.3 Court Filings and Proceedings In general, the proceedings of every court are open to the public, and court records are deemed public records available for inspection by any interested person. However, the court may, in the interest of decency or morality, exclude access to certain proceedings and records from the public. In practice, courts or court personnel usually resist attempts by non-parties to access records without the consent of a party to the
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