Eastern and Western civilizations meet and merge in the Philippines; and the two

great legal systems of the West, the common law and the civil law, also meet and mix.
The result is an intriguing admixture of laws and cultures.

During the 333 years intervening between 1565, when Spain is said to have
completed her conquest of the Islands, and 1898, when the Americans came, Spanish
law prevailed. The Islands thus acquired the traditions of the civil law, the system arising
from Roman law and generally prevailing in the countries of continental Europe. The
Spanish language became the language of the government, the courts, and the dominant
economic groups.

With the acquisition of the Islands by the United States in 1898, the Philippines
came under the control and administration of a country and people dominated by the
traditions of the common law. After increased experience with self-government and
pursuant to the Tydings-McDuffie Law, it was given commonwealth status in 1935, and
complete independence in 1946. Despite advances, in many respects the Philippines
remains an "undeveloped" country, with consequent myriad problems

So Philippine laws have generally been adopted from Western legal systems. Our
civil and criminal codes were derived from codified Hispanic and Roman laws. Our family
Code was influenced by Canon Law. Our political constitution was inspired by the
American and French liberal constitutions. Our commercial laws were wholesale copies
of American mercantile laws. Jurisprudence and remedial rules on evidence were based
on Western empirical and inductive theories. Labor law was partly a concession to
socialist elements inspired by Marx’s ideology. Meanwhile, international law trends
continue to be dominated by Western legal currents.

It is said that Westernization, like globalization, is inevitable for most of Asia. After
centuries of arresting and obliteration the development of the legal processes and
philosophies of colonized countries such as the Philippines, the alternative is to adopt the
developed and accustomed systems of the West as it may be too late to risk untested
waters. On one hand, countries may be risking their sovereignty by accepting hook, line,
and sinker the “legal imperialism” of the West such as by wholesale adoption of foreign
and international law as source or part of the law of the land.
Government and the State

The Philippine Constitution is described as ‘pro-life, pro-people, pro-poor, pro-

Filipino and anti-dictatorship’.

PRO-LIFE

It is ‘pro-life’ because it bans nuclear weapons, protects the unborn from the
moment of conception, abolishes the death penalty except in extreme cases when the
Congress may reimpose it, and protects the family as a basic autonomous social
institution.

The Philippines, consistent with the national interest, adopts and pursues a policy of
freedom from nuclear weapons in its territory. (Sec. 8, Art. II, 1987 Constitution)

The aim of this section is to forbid the making, storing, manufacture or testing in
our country of nuclear weapons, devices or parts thereof as well as the use of our territory
as dumping site for radioactive wastes and transit within our territory of ships or planes
with nuclear weapons.

The State recognizes the sanctity of human life and shall protect and strengthen the family
a basic autonomous social institution. It shall equally protect the life of the mother and the
life of the unborn from conception. (Sec. 12, Art II, 1987 Constitution)

It shall equally protect the life of the mother and the life of the unborn from
conception. The natural and primary right and duty of parents in the rearing of the youth
for civic efficiency and the development of moral character shall receive the support of
the Government.

The government may not enact any law or initiate measures that would break up
or weaken the family as a social unit, or in the guise of protecting the family, interfere in
purely internal family matters which do not involve the social order or any public policy.

PRO-PEOPLE

It is considered ‘pro-people’ because it includes policies to promote people’s welfare, i.e.

a just and humane social order, adequate social services, protection for the right to health
and to a balanced and healthy ecology and gives priority to education; it allows greater
participation by the people in government through the free and open party system,
sectoral representation, people’s organizations, and the institution of the processes of
initiative and referendum in law-making and constitutional amendment.

The maintenance of peace and order, the protection of life, liberty and property, and the
promotion of the general welfare are essential for the enjoyment by all the people of the
blessings of democracy. (sec. 5, Art. II, 1987 Constitution)

Only when peace and order, security, and a life of dignity are established and
maintained, will political stability and economic prosperity become attainable and the
people truly enjoy the “blessings of independence and democracy. Maintenance of peace
and order, etc

Doctrine of Parens Patriae

A doctrine that grants the inherent power and authority of the State to protect
persons who are legally unable to act on their own behalf.

The State values the dignity of every human person and guarantees full respect for human
rights. (sec. 11, Art II, 1987 Constitution)

The individual enjoy certain rights which cannot be modified or taken away by the
lawmaking body. These rights are protected or guaranteed because of the belief in the
inherent dignity and basic moral worth of every human person. The value accorded to
human dignity is measured by the extent of respect for human rights, principally the rights
to life, liberty, and property.

The recognition that the human person is the end and purpose of every social
organization was implied in this provision.

The State shall protect and promote the right to health of the people and instill health
consciousness among them. (Sec. 15, Art. II, 1987 Constitution)

The state shall oblige its self to promote and protect the right of the people to health
by instilling health consciousness among the people.
PRO-POOR

It is ‘pro-poor’ because there are socio-economic policies that alleviate the plight
of the under-privileged, and promote social justice.

The State shall promote a just and dynamic social order that will ensure the prosperity
and independence of the nation and free the people from poverty through policies that
provide adequate social services, promote full employment, a rising standard of living,
and an improved quality of life for all. (Sec. 9, Art. II, 1987 Constitution)

In this provision, the state solves at the same time a chain of social problems that
comes with it: social unrest, breakdown of family systems, diseases, ignorance,
criminality, and low productivity.

The State shall promote social justice in all phases of national development. (Sec. 10,
Art. II, 1987 Constitution)

This policy mandates the state to promote social justice in all phases of national
development.

SOCIAL JUSTICE – equalization of economic, political, and social opportunities with

special emphasis on the duty of the state to tilt the balance of social forces by favoring
the disadvantaged in life.

PRO-FILIPINO

It is pro-Filipino because there are provisions for Filipino control of the economy,
educational institutions, mass media and advertising and public utilities; reservation of
certain areas of investments for Filipinos if it is in the national interest, and in the practice
of all professions; a Filipino national language and the preservation of a Filipino national
culture.

The national economy refers to the entire structure of economic life in a country. It
encompasses all the activities relating to or concerned with the production, distribution
and consumption of goods and services and what are called “factors of production”.
 The national patrimony refers primarily to the natural resources of the country
which under the Constitution include “all lands of the public domain, waters, minerals,
coal, petroleum and other mineral oils, all forces of potential energy, fisheries, forests, or
timber, wildlife, flora, fauna,” and “all marine wealth in its archipelagic waters, territorial
sea and exclusive maritime zone,” and “our cultural heritage

1. To develop a self-reliant and independent national economy effectively

controlled by Filipinos.

2. To promote industrialization and full employment.

3. To protect Filipino enterprises against unfair foreign competition and trade

practices

Economy effectively controlled by Filipinos. “The principal responsibility for

development belongs to Filipino citizens. They must be the principal determinants as well
as the chief beneficiaries of economic progress

Promotion of Industrialization and Full Employment. 1. The importance and

urgency in the Philippines. For the developing country like Philippines, with growth and
an a large population growth and excess labor supply, there is an inherent advantage in
adopting a development strategy that promotes industrialization and full employment. An
important aspect of industrialization is that it generates a high level of employment.

Protection of Filipino enterprises against unfair foreign competition and trade

practices. *protection guaranteed is not against foreign competition but unfair foreign
trade practices.

1. Permanent protection not contemplated. But protection is not intended as a

permanent support for "non-infant" enterprises.

a. It perpetuates the "colonial" of Filipinos to prefer foreign goods and not local
products.
b. Having attained greater efficiency, the price of its products should fall and,
hence, benefit consumers.
 c. It is also prejudicial to some industries that breed imported raw materials for
processing of products for domestic sale or export.
d. Finally, the constitution rejects the principle of absolute protectionism also
it would invite retaliatory measures by other countries.

2. When protection justified. The Philippine government has the exclusive right to
define what shall constitute unfair competition or trade practices justifying protection of
Filipino enterprises.

ANTI-DICTATORSHIP

It is ‘anti-dictatorship’ because it puts limitations on the powers of the President

and strengthens the powers of the Congress and the Judiciary, thus, preventing the
consolidation of powers in any one person or branch of government.

The Supreme Court may review, in an appropriate proceeding filed by any citizen,
the sufficiency of the factual basis of the proclamation of martial law or the suspension of
the privilege of the writ of habeas corpus or the extension thereof, and must promulgate
its decision thereon within thirty days from its filing. (Sec. 18, Art. VII, 1987 Constitution)

Section 18. COMMANDER-IN-CHIEF POWERS

Scope:
1) The President is the Commander-in-Chief of the Armed Forces.
2) Whenever necessary, the President may call out the AFP to PREVENT or
SUPPRESS:
a) Lawless violence;
b) Invasion; or
c) Rebellion.
3) The President may also:
a) Suspend the privilege of the writ of habeas corpus; and
b) Proclaim a state of martial law.
Suspension of the privilege of the writ of habeas corpus and declaring
martial law;
1. Grounds
a) Invasion or
b) Rebellion; and
c) Public safety requires it.
d) The invasion or rebellion must be ACTUAL and not merely imminent.
2. Limitations:
 a) Suspension or proclamation is effective for only 60 days.
b) Within 48 hours from the declaration or suspension, the President must submit
a report to Congress.
c) Congress, by majority vote and voting jointly, may revoke the same, and the
President cannot set aside the revocation.
d) In the same manner, at the President’s initiative, Congress can extend the
same for a period determined by Congress if:
i. Invasion or rebellion persist and
ii. Public safety requires it.
NOTE: Congress CANNOT extend the period motu propio.
Supreme Court review:
i. The appropriate proceeding can be filed by any citizen.
ii. The SC can review the FACTUAL BASIS of the proclamation or suspension.
iii. Decision is promulgated within 30 days from filing.
Martial Law does NOT:
i. Suspend the operation of the Constitution.
ii. Supplant the functioning of the civil courts or legislative assemblies.
iii. Authorize conferment of jurisdiction on military courts over civilians where
civil courts are able to function and
iv. Automatically suspend the privilege of the writ.
Suspension of privilege of the writ:
i. Applies ONLY to persons judicially charged for rebellion or offenses
inherent in or directly connected with invasion.
ii. Anyone arrested or detained during suspension must be charged within 3
days. Otherwise he should be released.
Note: While the suspension of the privilege of writ and the proclamation of martial
law is subject to judicial review, the actual use by the President of the armed forces is
not. Thus, troop deployments in times of war is subject to the President’s judgment and
discretion.