The Philippine legal system is a hybrid framework that blends civil law traditions inherited from Spanish colonial rule with significant common law influences introduced during the American occupation. This duality is evident in its substantive private law, which remains largely codified, and its constitutional, procedural, and public law dimensions, which emphasize judicial precedent and adversarial processes. At the core of this system lies a clear hierarchy of legal sources, anchored by the 1987 Constitution as the supreme law of the land. All other norms must conform to it; any provision or act repugnant to the Constitution is null and void. Understanding these sources is essential not only for legal practitioners but also for the proper functioning of government, the protection of rights, and the resolution of disputes in a democratic republic.

Historical Development of the Legal System

Prior to Spanish colonization in the 16th century, Philippine society operated under customary laws observed by barangays (village units) and various ethnolinguistic groups. These were unwritten norms governing family relations, property, inheritance, and dispute resolution, often enforced by community leaders.

Spanish rule (1565–1898) introduced the civil law tradition rooted in Roman law, the Napoleonic Code, and Spanish codes such as the Código Civil, the Código Penal, and the Leyes de Indias. Royal decrees, audiencia decisions, and ecclesiastical law also applied. The system was centralized under the Spanish Crown, with limited recognition of indigenous customs where they did not conflict with colonial laws.

The American period (1898–1946) fundamentally reshaped the legal landscape. The Treaty of Paris transferred sovereignty to the United States, and American administrators introduced common law elements, particularly in criminal procedure, evidence, and commercial law. Codes were revised or replaced, and the 1935 Constitution—modeled after the U.S. Constitution—established a republican government with separation of powers, a bill of rights, and judicial review. The 1973 Constitution, promulgated during martial law, expanded executive powers, while the 1987 Constitution, ratified after the People Power Revolution, restored democratic institutions, strengthened human rights protections, and limited presidential authority.

This historical layering explains why the Philippines today follows a primarily civil law approach to substantive matters (e.g., the Civil Code of 1950, Revised Penal Code of 1930) while embracing stare decisis and judicial activism in constitutional adjudication.

Primary Sources of Law

1. The 1987 Constitution

The Constitution is the fundamental and supreme source of law. Ratified on February 2, 1987, it defines the structure of government, enumerates individual rights, establishes the principles of sovereignty, and outlines the powers of the legislative, executive, and judicial branches. It declares that the Philippines is a democratic and republican state where sovereignty resides in the people and all government authority emanates from them.

Key provisions include the Bill of Rights (Article III), the doctrine of incorporation (Article II, Section 2), which automatically adopts generally accepted principles of international law as part of the law of the land, and the supremacy clause implicit in the entire document. Judicial review, exercised by the Supreme Court, ensures that all laws and acts conform to the Constitution.

2. Statutes and Legislative Enactments

Congress, composed of the Senate and the House of Representatives, enacts laws through the bicameral process. A bill approved by both houses and signed by the President (or repassed over a veto by two-thirds vote) becomes a Republic Act (RA). Earlier statutes may be Commonwealth Acts (pre-independence) or Batas Pambansa (martial law era).

Major codes remain foundational:

Civil Code (Republic Act No. 386) – governs persons and family relations, property, obligations, contracts, and succession.
Revised Penal Code (Act No. 3815) – defines crimes and penalties.
Other specialized laws include the Labor Code, Corporation Code, and the Local Government Code (RA 7160).

Local government units (LGUs) enact ordinances pursuant to their general welfare powers under the Local Government Code. These are valid only if they do not contravene higher laws.

3. Treaties and International Agreements

The President negotiates treaties, but they require concurrence by at least two-thirds of the Senate to become binding. Once ratified and published, treaties form part of domestic law and have the same status as statutes. The Philippines is a party to numerous multilateral treaties, including the United Nations Charter, human rights covenants, and trade agreements. Generally accepted principles of international law—such as pacta sunt servanda and sovereign immunity—are incorporated directly by constitutional mandate.

4. Executive Issuances

The President issues various orders that carry the force of law when authorized by the Constitution or by statute:

Executive Orders – implement laws or address administrative matters.
Administrative Orders – direct government agencies.
Proclamations – declare national policies, holidays, or states of emergency.
Memorandum Orders and Circulars – provide specific instructions.

These must be published in the Official Gazette or a newspaper of general circulation if they are of general application (per the Administrative Code of 1987).

5. Administrative Rules and Regulations

Government agencies and commissions exercise quasi-legislative power by issuing implementing rules and regulations (IRRs) to carry out statutory mandates. Such rules are valid only if:

They are within the agency’s delegated authority;
They are reasonable and not contrary to law; and
They are properly published and, where required, submitted to the Office of the President or Congress for review.

Failure to comply with procedural requirements may render them ineffective.

6. Judicial Decisions and Jurisprudence

Although the Philippines follows the civil law tradition, Article 8 of the New Civil Code expressly provides that “judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system.” The Supreme Court’s rulings on constitutional and legal questions are binding on all lower courts and government agencies under the doctrine of stare decisis et non quieta movere (“to stand by decisions and not disturb what is settled”). This creates a practical system of precedent, particularly in constitutional law, taxation, labor relations, and criminal procedure.

Decisions of the Court of Appeals and other collegiate courts are persuasive but not binding. The Supreme Court also promulgates the Rules of Court, which have the force of law.

Secondary and Supplementary Sources

Customs and Usages

Article 7 of the New Civil Code states that laws are repealed only by subsequent ones, and their violation shall not be excused by disuse or contrary custom or practice. However, customs may supplement the law when no specific provision exists, provided they are not contrary to law, public order, or public policy. In commercial transactions and certain civil matters, long-standing usages may govern.

Customary law receives heightened recognition in two contexts:

Indigenous Cultural Communities and Indigenous Peoples – Republic Act No. 8371 (Indigenous Peoples’ Rights Act of 1997) respects their customary laws in matters of land tenure, dispute resolution, and governance, provided they do not violate the Constitution.
Muslim Personal Laws – Presidential Decree No. 1083 (Code of Muslim Personal Laws) applies to Muslims in matters of marriage, divorce, succession, and family relations. The Bangsamoro Autonomous Region in Muslim Mindanao (under Republic Act No. 11054) further expands the application of Sharia law in personal and family matters.

Principles of Equity, Justice, and General Legal Principles

When statutes are silent, obscure, or insufficient, courts apply the following principles (New Civil Code):

Article 9: No judge shall decline to render judgment by reason of the silence, obscurity, or insufficiency of the laws; the judge must decide according to the principles of law and equity.
Article 10: In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail.

Courts may also draw from analogous provisions, general principles of law recognized by civilized nations, and equitable considerations to fill gaps.

Hierarchy of Laws and Resolution of Conflicts

Philippine jurisprudence recognizes a clear hierarchy to resolve conflicts:

1987 Constitution
Treaties and generally accepted principles of international law (incorporated by Article II, Section 2)
Statutes (including codes and Republic Acts)
Presidential decrees and executive issuances with legislative force (valid only if issued under proper authority)
Administrative rules and regulations
Local ordinances

Judicial decisions interpret and harmonize all levels but do not create new law; they declare what the law is. In cases of irreconcilable conflict, the higher norm prevails. The Supreme Court resolves questions of constitutionality through judicial review.

Special Considerations

In autonomous regions—particularly the Bangsamoro Autonomous Region in Muslim Mindanao—regional legislative assemblies may enact laws on matters devolved to them, including the application of Sharia, subject to constitutional limits and national laws.

Legal scholarship, foreign jurisprudence, and treatises serve as persuasive authorities, especially when domestic sources are inadequate. The Supreme Court frequently cites American, Spanish, and other civil law precedents for guidance.

Conclusion

The sources of law in the Philippines reflect the nation’s complex colonial past and its commitment to democratic constitutionalism. The 1987 Constitution remains the bedrock, while statutes, treaties, executive and administrative issuances, jurisprudence, and supplementary customs provide the detailed rules governing daily life. This layered yet hierarchical system ensures stability, protects fundamental rights, and allows flexibility in addressing contemporary challenges. As the country continues to evolve, the interplay among these sources will remain central to the rule of law and the pursuit of justice.