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Sources of Law

The main sources of law in the Philippines are the Constitution, statutes passed by Congress and other government entities, treaties and conventions, and judicial decisions from the Supreme Court. Customary law and Muslim law/Shariah are also recognized to some extent, with customary law protecting the traditions of indigenous groups and Muslim law deriving from Islamic scripture and legal principles.

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Jann Vic Sales
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85 views

Sources of Law

The main sources of law in the Philippines are the Constitution, statutes passed by Congress and other government entities, treaties and conventions, and judicial decisions from the Supreme Court. Customary law and Muslim law/Shariah are also recognized to some extent, with customary law protecting the traditions of indigenous groups and Muslim law deriving from Islamic scripture and legal principles.

Uploaded by

Jann Vic Sales
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Sources of Law

The main sources of Philippine law are:

 the Constitution - the fundamental and supreme law of the land

 statutes - including Acts of Congress, municipal charters, municipal legislation, court

rules, administrative rules and orders, legislative rules and presidential issuances.

 treaties and conventions - these have the same force of authority as statutes.

 judicial decisions - Art 8 of the Civil Code provides that ‘judicial decisions applying to or

interpreting the laws or the Constitution shall form a part of the legal system of the

Philippines’. Only decisions of its Supreme Court establish jurisprudence and are binding

on all other courts.

To some extent, customary law also forms part of the Filipino legal system. Art 6, para 2 of the

Constitution provides that ‘the State shall recognise, respect, and protect the rights of indigenous

cultural communities to preserve and develop their cultures, traditions and institutions’.

The primary sources of Muslim law / Shariah are the Quran, Sunnaqh, Ijma and Qiyas.

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