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Judicial precedents of the Philippine Supreme Court 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, [1] or from ...
The Constitution of the Philippines (Filipino: Saligang Batas ng Pilipinas or Konstitusyon ng Pilipinas) is the supreme law of the Philippines. Its final draft was completed by the Constitutional Commission on October 12, 1986, and ratified by a nationwide plebiscite on February 2, 1987. The Constitution remains unamended to this day.
Justiciability concerns the limits upon legal issues over which a court can exercise its judicial authority. [1] It includes, but is not limited to, the legal concept of standing, which is used to determine if the party bringing the suit is a party appropriate to establishing whether an actual adversarial issue exists. [2]
Constitutionality of the portions of Article 1 and 2 of the Family Code of the Philippines, which defines marriage as between a man and a woman, and whether said articles violate the equal protection and due process provisions of the 1987 Constitution, (both in Article III, Section 1), and religious freedom (Article III, Section 5) of the ...
It is often mentioned that common law statutes can be interpreted by using the Golden Rule, the Mischief Rule or the Literal Rule. However, according to Francis Bennion , author of texts on statutory interpretation, [ 8 ] there are no such simple devices to elucidate complex statutes, "[i]nstead there are a thousand and one interpretative ...
The order of precedence in the Philippines is the protocol used in ranking government officials and other personages in the Philippines. [1] Purely ceremonial in nature, it has no legal standing, and does not reflect the presidential line of succession nor the equal status of the three branches of government established in the 1987 Constitution.
The Land Transportation and Traffic Code, which is the current traffic law governing Philippine land transportation. RA 5186 September 16, 1967 Investment Incentives Act: RA 6135 August 31, 1970 Export Incentives Act of 1970: BP 8 December 2, 1978 An act defining the Metric system and its units, providing for its implementation and for other ...
The law on succession, for example, retains such concepts indigenous to Spain such as the rule on legitimes and reserva troncal. On the other hand, many of the provisions on special contracts, particularly on sales , are derived from common law as practised in the United States , reflecting the influence of American colonial rule and the influx ...