HOME

TheInfoList



OR:

Codification of laws is a common practice in the
Philippines The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no), * bik, Republika kan Filipinas * ceb, Republika sa Pilipinas * cbk, República de Filipinas * hil, Republ ...
. Many general areas of
substantive law Substantive law is the set of laws that governs how members of a society are to behave.Substantive Law vs. Procedural Law: Definitions and Differences, Study.com/ref> It is contrasted with procedural law, which is the set of procedures for making, ...
, such as
criminal law Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law ...
, civil law and
labor law Labour laws (also known as labor laws or employment laws) are those that mediate the relationship between workers, employing entities, trade unions, and the government. Collective labour law relates to the tripartite relationship between employee ...
are governed by
legal codes A code of law, also called a law code or legal code, is a systematic collection of statutes. It is a type of legislation that purports to exhaustively cover a complete system of laws or a particular area of law as it existed at the time the cod ...
.


Tradition of codification

Codification is predominant in countries that adhere to the legal system of civil law.
Spain , image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = '' Plus ultra'' (Latin)(English: "Further Beyond") , national_anthem = (English: "Royal March") , ...
, a civil law country, introduced the practice of codification in the Philippines, which it had colonized beginning in the late 16th century. Among the codes that Spain enforced in the Philippines were the
Spanish Civil Code The Civil Code of Spain ( es, Código Civil), formally the Royal Decree of 24 July 1889 ( es, Real Decreto de 24 de julio de 1889) is the law that regulates the major aspects of Spanish civil law. It is one of the last civil codes in Continental ...
and the Penal Code. The practice of codification was retained during the period of
American colonial period The Thirteen Colonies, also known as the Thirteen British Colonies, the Thirteen American Colonies, or later as the United Colonies, were a group of British colonies on the Atlantic coast of North America. Founded in the 17th and 18th centur ...
, even though the United States was a
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...
jurisdiction. However, during that same period, many common law principles found their way into the legal system by way of
legislation Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to ...
and by judicial pronouncements. Judicial
precedent A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great v ...
s of the
Philippine Supreme Court The Supreme Court ( fil, Kataas-taasang Hukuman; colloquially referred to as the ''Korte Suprema'' lso used in formal writing is the highest court in the Philippines. The Supreme Court was established by the Second Philippine Commission on Ju ...
were accepted as binding, a practice more attuned to common law jurisdictions. Eventually, the Philippine legal system emerged in such a way that while the practice of codification remained popular, the courts were not barred from invoking principles developed under the common law,

CONCLUSIONS.
We may summarize our conclusions as follows:
# The Philippine Islands is an unorganized territory of the United States, under a civil government established by the Congress. # In interpreting and applying the bulk of the written laws of this jurisdiction, and in rendering its decision in cases not covered by the letter of the written law, this court relies upon the theories and precedents of Anglo- American cases, subject to the limited exception of those instances where the remnants of the Spanish written law present well-defined civil law theories and of the few cases where such precedents are inconsistent with local customs and institutions. # The jurisprudence of this jurisdiction is based upon the English Common Law in its present day form of Anglo-American Common Law to an almost exclusive extent. # By virtue of the foregoing, the New York rule, given a reasonable interpretation, permits conferring privileges on attorneys admitted to practice in the Philippine Islands similar to those privileges accorded by the rule of this court.
or from employing methods of
statutory construction A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by ...
in order to arrive at an interpretation of the codal provisions that would be binding in itself in Philippine law. Beginning in the American period, there was an effort to revise the Spanish codes that had remained in force even after the end of Spanish rule. A new Revised Penal Code was enacted in 1930, while a new
Civil Code A civil code is a codification of private law relating to property, family, and obligations. A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdictions with a civil code, a number of the core ar ...
took effect in 1950.


Codes in relation to Republic Acts

Since the formation of local legislative bodies in the Philippines, Philippine legal codes have been enacted by the
legislature A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known ...
, in the exercise of its powers of legislation. Since 1946, the laws passed by the Congress, including legal codes, have been titled Republic Acts. While Philippine legal codes are, strictly speaking, also Republic Acts, they may be differentiated in that the former represents a more comprehensive effort in embodying all aspects of a general area of law into just one legislative act. In contrast, Republic Acts are generally less expansive and more specific in scope. Thus, while the
Civil Code A civil code is a codification of private law relating to property, family, and obligations. A jurisdiction that has a civil code generally also has a code of civil procedure. In some jurisdictions with a civil code, a number of the core ar ...
seeks to govern all aspects of
private law Private law is that part of a civil law legal system which is part of the '' jus commune'' that involves relationships between individuals, such as the law of contracts and torts (as it is called in the common law), and the law of obligations ...
in the Philippines, a Republic Act such as Republic Act No. 9048 would concern itself with a more limited field, as in that case, the correction of entries in the civil registry. Still, the amendment of Philippine legal codes is accomplished through the passage of Republic Acts. Republic Acts have also been utilized to enact legislation on areas where the legal codes have proven insufficient. For example, while the possession of narcotics had been penalized under the 1930s Revised Penal Code, the wider attention drawn to illegal drugs in the 1960s and the 1970s led to new legislation increasing the penalties for possession and
trafficking Smuggling is the illegal transportation of objects, substances, information or people, such as out of a house or buildings, into a prison, or across an international border, in violation of applicable laws or other regulations. There are various ...
of narcotics. Instead of enacting amendments to the Revised Penal Code, Congress chose instead to enact a special law, the Dangerous Drugs Act of 1972.


Philippine legal codes


See also

* List of Philippine legal terms


Notes


References


External links


Laws and Issuances , Official Gazette of the Republic of the Philippines

Republic Acts – House of Representatives of the Philippines



ChanRobles Virtual Law Library (new site)

The Corpus Juris Online Law Library

The Lawphil Project by Arellano Law Foundation
* {{DEFAULTSORT:Philippine Legal Codes Law of the Philippines Legal codes