Legal FoundationConstitution and

Statute

Australian form of Government

Philippine System vs. Australian System

Political System Similarities

Both have a parliament composed of two houses – a House of Representatives and a Senate.

Both have a House that is popularly elected. All legislation must be passed by both

houses of parliament. Both have constitutions which delineate the

powers of the Government. Both have an independent judiciary

(Supreme Court in Philippines, High Court in Australia) which interprets the constitution and acts as a final arbiter to settle controversies.

Philippine System vs. Australian System

Differences Australia is a Federal systems . Philippines is unitary government. The Philippines is a republic, whereas Australia is a constitutional monarchy.

The President is both head of state and head of government and is directly elected by the people. Australia’s head of state is the British monarch who is represented by a Governor-General chosen by the Queen.

In Australia, the government (ministry, cabinet, executive) is drawn from the parliament and responsible to it, whereas in the Philippines, the Executive branch of government is independent of the congress and no person may be a member of congress and a cabinet simultaneously.

The Australian Prime Minister is chosen by the elected members of the party/parties that have won a majority of seats in the House of Representatives, whereas the Philippines President is directly elected by the people.

Elections in the Philippines are on set days for fixed terms, whereas an Australian Prime Minister may dissolve Parliament and call an early election.

Electoral enrolment and voting is compulsory in Australia, but voluntary in the Philippines.

Legislation in the Philippines requires both legislative approval and the President’s signature, whereas in Australia legislation is automatically ratified by the Governor-General once passed by both houses.

Philippine System vs. Australian System

Common law is generally uncodified. There is no comprehensive compilation of legal rules and statutes. Decisions is largely based on precedent. The precedents to be applied in the decision of each new case are

determined by the presiding judge. A jury of ordinary people without legal training decides on the facts of the

case. The judge then determines the appropriate sentence based on the jury’s verdict.

Civil Law, in contrast, is codified. Comprehensive, continuously updated legal codes that specify all matters

capable of being brought before a court, the applicable procedure, and the appropriate punishment for each offense.

Substantive law establishes which acts are subject to criminal or civil prosecution, procedural law establishes how to determine whether a particular action constitutes a criminal act, and penal law establishes the appropriate penalty.

In a civil law system, the judge’s role is to establish the facts of the case and to apply the provisions of the applicable code.

Legal System

Fundamental Law of the State Written instrument enacted by the direct action of the people

in which the fundamental powers of the government are established, limited and defined, and by which those powers are distributed among the several departments for their safe and useful exercise, for the benefit of the body politic.

All Laws must adhere to the constitution. 1987 Constitution.

(1) Constitution of Government establishes the structure of government, its branches and their powers and operation.

(2) Constitution of Sovereignty provides how the Constitution may be changed.

(3) Constitution of Liberty states the fundamental rights of the people.

PARTS OF THE CONSTITUTION

Police Power Includes maintenance of peace and order, protection of

life, liberty and property and the promotion of general welfare. The property taken is destroyed because it is noxious or harmful. (TAXICAB OPERATORS vs. THE BOARD OF TRANSPORTATION G.R. No. L-59234 September 30, 1982)

Power of Eminent Domain Power of the State to take private property for public use

upon payment of just compensation. Taxing Power

It is the power by which the state exacts proportional contribution from people, property, and exercise of a right within its territory to raise revenue to defray the necessary expenses of the Government.

Inherent Power of the State

The Philippines is a republic with a presidential form of government wherein power is equally divided among its three branches. Legislative

Make laws, alter, and repeal them. Senate and House of Representatives.

Executive Execute Laws

President and the Vice President. Judicial

Holds the power to settle controversies involving rights that are legally demandable and enforceable. Supreme Court and lower courts.

Branches of Government

According to Nature

Substantive law Creates, defines and regulates rights and duties (e.g Criminal Law, Civil

Law, Labor Law) Procedural law

Defines the methods or proceedings in the enforcement of the rights and duties defined in substantive law (e.g Rules of Court)

According to Application

Public law Defines the relationship between the State and the individual (e.g

Constitution, Revised Penal Code) Private law

Defines the relationship between individuals (e.g Civil Code, Commercial laws)

Classification of Laws

As to rights violated Civil Law

A civil action is one by which a party sues another for the enforcement or protection of a right, or the prevention or redress of a wrong.

Criminal Law A criminal action is one by which the State prosecutes a

person for an act or omission punishable by law.

Classification of Laws

Civil Code of the Philippines (R.A. 386) Obligations Contracts

Sale, Lease, Loan, Deposit, Mortgage and Pledge Torts and Damages Partnership

Corporation Code of the Philippines (B.P. 68) Insurance Code of the Philippines (P.D. 612) Intellectual Property Code (R.A. 8293) Negotiable Instruments Law (R.A. 2031) Labor Code of the Philippines (P.D. 442) National Internal Revenue Code (R.A. 8424)

Laws Affecting Business

Civil Code of the Philippines. Obligations (Art. 1156 – Art. 1304) Case Study

JAPAN AIRLINES vs. Jesus Simangan G.R. No. 170141 April 22, 2008 Contracts

Cinco vs. Hon. Mateo Canonoy G.R. No. L-33171 May 31, 1979 Quasi-delict

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