Types of Law in the Philippines: A Practical Guide

When we hear about the legal system in the Philippines, many people immediately think of constitutional or criminal law. This is no surprise—these areas often make headlines, whether it’s debates about elections or high-profile criminal cases on the news.

However, the Philippine legal system is much broader and more diverse than just those two fields. In this article, we’ll explore the different branches and how they impact society. Keep reading to discover the essentials of Philippine law!

Political Law

Political Law is the foundation of public governance in the Philippines. It covers the legal framework that defines the government's structure, powers, functions, and the relationship between the state and its citizens.

This branch encompasses the Philippine Constitution, administrative law, election law, laws on local governments, and public international law. It’s the area of law that ensures the government operates within the bounds of the Constitution and respects the rights of the people.

Common issues in Political Law often revolve around the constitutionality of government actions, the limits of governmental powers, and the protection of individual rights.

For example, debates on the legality of executive orders, challenges to the validity of laws like the Anti-Terrorism Act, or disputes over election results are classic Political Law controversies.

Political Law Courses:

Constitutional Law I & II: Focus on the structure of government, powers of the branches, and the Bill of Rights.
Administrative Law and Law on Public Officers: Covers the organization and functions of administrative agencies and the rules governing public officials.
Election Laws: Deals with the conduct of elections, pre-proclamation controversies, and election protests.
Laws on Local Governments: Governs the powers and functions of local government units (LGUs).
Public International Law: Addresses the Philippines’ rights and obligations under international law.

Commercial Law

Commercial Law, or Mercantile Law, governs business and commercial transactions in the Philippines. It provides the legal framework for business formation, operation, and dissolution and regulates commercial activities such as sales, banking, insurance, and intellectual property.

Common issues in Commercial Law include disputes over contracts, questions about corporate governance, and conflicts involving negotiable instruments or securities.

For instance, disagreements between business partners, problems with bounced checks, or issues with trademark registration are all matters that fall under Commercial Law. These are everyday problems for entrepreneurs, investors, and consumers alike.

Commercial Law Courses:

Agency, Trust, and Partnership Law: Covers the legal relationships in business partnerships and agency arrangements.
Corporation and Basic Securities Law: Deals with creating and regulating corporations and securities.
Commercial Laws I & II: Encompass laws on sales, transportation, insurance, banking, and intellectual property.

Taxation Law

Taxation Law is the branch that deals with the government’s power to levy and collect taxes. It establishes the rules for assessing, collecting, and contesting taxes and outlines taxpayers' rights and remedies.

Common issues in Taxation Law often involve disputes over tax assessments, questions about exemptions, and the legality of certain taxes.

For example, a business might contest a Bureau of Internal Revenue (BIR) assessment, or a non-profit organization might seek exemption from certain taxes. These disputes can have significant financial implications for individuals and companies.

Taxation Law Courses:

Basic Taxation Law: Covers general principles, income tax, value-added tax (VAT), estate and donor’s taxes, and local taxation.
Taxation Law Review and Integration: Focuses on advanced topics and recent developments in tax law, often in preparation for the bar exam.

Civil Law

Civil Law governs private relationships among individuals and entities. It covers many subjects, including family relations, property ownership, contracts, and succession (inheritance).

Civil Law provides the rules that allow people to interact peacefully, resolve disputes, and protect their rights in personal and business matters. Common issues in Civil Law include annulment of marriage, property disputes, breach of contract, and inheritance conflicts.

For example, a family might contest a will, a landlord might sue a tenant for unpaid rent, or a party might seek damages for breach of contract. These are the bread-and-butter cases in Philippine courts and are central to everyday life.

Civil Law Courses:

Persons and Family Law: Deals with legal capacity, marriage, parental authority, and adoption.
Obligations and Contracts: Covers the creation, performance, and breach of contracts.
Property and Land Law: Governs ownership, possession, and property transfer.
Basic Succession Law: Addresses inheritance and distribution of estates.
Torts and Damages: Deals with civil wrongs and compensation for harm.
Private International Law: Resolves conflicts of law when foreign entities are involved.

Labor Law

Labor Law regulates the relationship between employers and employees. It covers employment contracts, wages, working conditions, labor standards, social legislation, and mechanisms for resolving labor disputes.

Labor Law protects workers’ rights while balancing the interests of employers and the broader economy. Common issues in Labor Law include illegal dismissal, non-payment of wages or benefits, and labor union disputes.

For instance, an employee might claim wrongful termination, a group of workers might demand overtime pay, or a company might face a strike. Labor Law cases are among the most socially significant, as they directly affect the livelihoods of millions of Filipinos.

Labor Law Courses:

Labor Law and Social Legislation: Covers employment relationships, labor standards, and social security laws.
Labor Law Review and Integration: Focuses on advanced topics and recent jurisprudence, especially for bar review.

Criminal Law

Criminal Law defines crimes and prescribes penalties for those who commit them. It is primarily concerned with acts considered offenses against the state or society, such as theft, homicide, or fraud. Criminal Law aims to maintain public order, protect individuals and property, and deter wrongful conduct.

Common issues in Criminal Law include determining criminal liability, establishing the presence of aggravating or mitigating circumstances, and interpreting the elements of specific crimes.

For example, cases may revolve around whether an act constitutes self-defense or the proper penalty for a specific crime.

Criminal Law Courses:

Criminal Law I & II: Covers general principles, crimes against persons, property, and other special laws.
Criminal Law Review and Integration: Focuses on advanced topics and bar exam preparation.

Remedial Law

Remedial law concerns the rules and procedures for enforcing legal rights and obligations. It includes the rules of court, procedures in civil and criminal cases, evidence, and special proceedings.

Common issues in Remedial Law involve the proper filing of cases, the admissibility of evidence, and the availability of remedies like injunctions or appeals.

For example, a party might question whether a case was filed in the correct court, whether a piece of evidence should be admitted, or whether a judgment can be appealed. Mastery of Remedial Law is crucial for any practicing lawyer.

Remedial Law Courses:

Criminal Procedure: Rules for prosecuting criminal cases.
Civil Procedure I & II: Procedures for civil cases, from filing to execution.
Evidence: Rules for presenting and evaluating evidence in court.
Special Rules and Proceedings: Covers special cases like adoption, guardianship, and settlement of estates.
Remedial Law Review and Integration: Comprehensive review for bar examinees.

Legal Ethics

Legal Ethics sets the standards for professional conduct among lawyers and judges in the Philippines. It covers the canons of legal ethics, the duties of lawyers to their clients, the courts, and society, and the rules governing admission to and discipline within the legal profession.

Legal Ethics is essential for maintaining public trust in the justice system. Common issues in Legal Ethics include conflicts of interest, breaches of confidentiality, and acts that may warrant disbarment or suspension.

For example, a lawyer might be accused of representing conflicting interests, mishandling client funds, or committing acts of dishonesty. These issues are not only tested in the bar exam but are also central to law practice.

Legal Ethics Courses:

Basic Legal and Judicial Ethics: Covers lawyers' and judges' fundamental duties and responsibilities.
Legal and Judicial Ethics and Practical Exercises Review and Integration: Focuses on practical applications, recent jurisprudence, and bar exam preparation.

Key Takeaways

Each main branch of law in the Philippines has distinct areas of focus, common legal issues, and specialized subfields, all crucial for a well-rounded legal education.
Understanding each branch's theory and practical issues prepares law students and legal professionals for real-world legal challenges and the bar exam.
The Philippine law curriculum ensures graduates are competent, ethical, and ready to serve society in various legal capacities.

Frequently Asked Questions

Which type of law is most important for the bar exam in the Philippines?

All branches are essential, but Political, Civil, Criminal, Commercial, Labor, Taxation, Remedial Law, and Legal Ethics are core bar subjects. Mastery of these is essential for passing the bar. Remedial Law and Legal Ethics usually take up 25% of the bar exam.

Can a lawyer specialize in more than one type of law?

Yes! Many lawyers start as generalists. It’s common to handle cases in several branches, especially early in your career.

How does remedial law differ from civil or criminal law?

Civil and criminal law define rights and wrongs, while remedial law provides the procedures to enforce those rights in court.

Are there elective courses in Philippine law schools beyond these main branches?

Absolutely. Law schools offer electives like environmental law, medical jurisprudence, and gender rights, allowing students to explore specialized interests.

Navigating Laws in the Philippines with Confidence

Understanding the different types of laws in the Philippines is essential, whether you’re a student, legal professional, or simply curious about the legal system. Using an AI legal tool alongside a reliable legal research database can make exploring complex topics like Supreme Court decisions and statutes much easier and more efficient.

Keep exploring and learning—this guide is the start of your journey into Philippine law. With the right tools and knowledge, you’ll be better equipped to understand legal principles and contribute meaningfully to the legal community.