The legal system of Philippines
A genuinely mixed system, and the clearest example in Asia. Private law is Spanish-derived and codified: the Civil Code of 1950 governs obligations, contracts, property and succession, and the Family Code of 1987 governs marriage. Public law, procedure and the constitutional structure are American: judicial review, due process and equal protection doctrine, and a Supreme Court whose decisions form binding precedent under stare decisis. Muslim personal law applies in parts of Mindanao through Syariah courts under Presidential Decree 1083, and the Indigenous Peoples' Rights Act recognises customary law over ancestral domains.
Legal tradition
Philippines belongs to the mixed civil and common law tradition. A genuinely mixed system, and the clearest example in Asia. Private law is Spanish-derived and codified: the Civil Code of 1950 governs obligations, contracts, property and succession, and the Family Code of 1987 governs marriage. Public law, procedure and the constitutional structure are American: judicial review, due process and equal protection doctrine, and a Supreme Court whose decisions form binding precedent under stare decisis. Muslim personal law applies in parts of Mindanao through Syariah courts under Presidential Decree 1083, and the Indigenous Peoples' Rights Act recognises customary law over ancestral domains.
How power is divided
Unitary but with a constitutionally mandated Local Government Code devolving substantial powers, and one autonomous region: the Bangsamoro Autonomous Region in Muslim Mindanao, created in 2019 under the Bangsamoro Organic Law with its own parliament and its own Syariah justice system.
Where law comes from
- The 1987 Constitution
- Supreme; enforced by the Supreme Court through judicial review.
- Republic Acts
- Statutes of Congress.
- The Civil Code and Family Code
- Spanish-derived codified private law.
- Supreme Court decisions
- Binding precedent; Article 8 of the Civil Code makes them part of the legal system.
- Presidential Decree 1083
- The Code of Muslim Personal Laws, applied by Syariah courts.
- Customary law
- Recognised over ancestral domains under the Indigenous Peoples' Rights Act 1997.
The legal profession
A single fused profession of attorneys admitted to the Philippine Bar by the Supreme Court itself, which controls admission, discipline and the rules of practice — a power the Constitution assigns to the Court rather than to the executive or a bar council. Candidates complete a four-year law degree and sit the Bar Examinations, historically among the hardest in Asia with pass rates often under 25 per cent. All lawyers belong to the Integrated Bar of the Philippines, and the Court has imposed mandatory continuing legal education since 2000.
Law by topic in Philippines
- Business & CorporateRevised Corporation Code allowing one-person corporations and perpetual existenceThe Revised Corporation Code of 2019 introduced the One Person Corporation, removed the fifty-year corporate term in favour of perpetual existence, and dropped the minimum of five incorporators.
- Employment & LabourLabor Code security of tenure, regional wage boards and regulated contractingThe Labor Code gives employees security of tenure: dismissal requires a just or authorised cause and due process. Minimum wages are set regionally by tripartite boards, not nationally, and labour-only contracting is prohibited.
- Family LawNo divorce for most citizens; annulment and Shari'ah divorce are the routesThe Family Code provides no divorce for non-Muslim Filipinos, only annulment, declaration of nullity for psychological incapacity, and legal separation. Muslim Filipinos may divorce under the Code of Muslim Personal Laws.
- Civil Procedure2019 Rules amendments front-loading evidence and requiring judicial affidavitsThe Rules of Court, substantially amended in 2019, require parties to attach documentary evidence and witness judicial affidavits to their pleadings, and impose stricter timelines to reduce delay.
- Immigration & Nationality9(g) work visas with an Alien Employment Permit and a labour market testEmployment normally requires a DOLE Alien Employment Permit plus a 9(g) pre-arranged employment visa from the Bureau of Immigration. The AEP requires proof that no Filipino is able and willing to do the job.
- Property & LandConstitutional bar on foreign land ownership, with condominium units permittedOnly Filipino citizens and corporations at least 60 percent Filipino-owned may own land. Foreigners may own condominium units where foreign ownership in the project stays within 40 percent, and may lease land long-term.
- Tax LawCREATE Act corporate rate of 25 percent and 12 percent VATThe National Internal Revenue Code as amended by TRAIN and CREATE sets corporate income tax at 25 percent, or 20 percent for small domestic corporations, personal rates to 35 percent, and VAT at 12 percent.
- Constitutional Law1987 Constitution with judicial review and a 60/40 foreign equity ceilingThe 1987 Constitution, adopted after the Marcos era, gives the Supreme Court expansive review powers including over grave abuse of discretion by any branch. Article XII reserves at least 60 percent Filipino ownership in land, utilities and natural resources.
- Criminal LawRevised Penal Code with the death penalty abolished and criminal libel retainedThe Revised Penal Code of 1930 remains the base statute, supplemented by special penal laws. Capital punishment was abolished in 2006, and libel remains a criminal offence, extended online by the Cybercrime Prevention Act.
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