PHILIPPINE LAW AND ITS 8 BRANCHES

Philippine law is primarily a civil law system. This means that laws are codified into written laws such as those passed by Congress, also known as statutes, and judges merely interpret and apply these laws to actual controversies involving rights which are legally demandable and enforceable. This contrasts with common law systems where laws are developed through judicial decisions and precedents.[1]

The civil law nature of Philippine law derives from the tripartite system of Philippine democracy. In this system, as stated in Article XXX of the Massachusetts Constitution, the legislative department shall never exercise the executive and judicial powers, or either of them. Also, the executive shall never exercise the legislative and judicial powers, or either of them. Finally, the judicial shall never exercise the legislative and executive powers, or either of them. This is to the end that it may be a government of laws and not of men.[2]

EIGHT (8) BRANCHES OF LAW

Traditionally, the following are the eight branches of Philippine law. Recently, there has been a trend to integrate tax law in other subjects, especially in the bar examinations, not to mention ethics law in remedial law. Nevertheless, these eight branches remain to be the best way to acquire a better understanding of law and law school subjects.

POLITICAL LAW

Political law is that branch of law that deals with the organization and operations of the government and the relationship between the government and its citizens. It includes (a) political law proper, (b) constitutional law, (c) administrative law, (d) law on public officers, (e) local government law, (f) election law, and (g) public international law.

LABOR LAW

Labor law is that branch of law that governs the rights, obligations and interactions between employers and employees. It has three subdivisions: (a) labor standards, (b) labor relations, and (c) social welfare laws.

CIVIL LAW

Civil law is that branch of law that covers the private relationships of individuals and regulates their private transactions. This includes (a) persons law, (b) family law, (c) law on obligations and contracts, (d) property law, (e) land registration law, (f) succession law, (g) torts law, and (h) private international law.

CRIMINAL LAW

Criminal law is that branch of law that defines crimes, treats of their nature, and prescribes punishments. In the Philippines, this is mainly divided into (a) general principles of criminal law, also known as criminal law one, (b) crimes and penalties, also known as criminal law two, and (c) special penal laws.

COMMERCIAL LAW

Commercial law, also known as mercantile law, is that branch of law that deals with business transactions and commercial interactions. It covers (a) corporation law, (b) securities regulation, (c) partnership law, (d) agency law, (e) law on trust, (f) credit transactions law, (g) banking law, (h) negotiable instruments law, (i) financial rehabilitation law, (j) transportation law, (k) insurance law, (l) intellectual property law, (m) competition law, and (n) data privacy law.

TAX LAW

Tax law is that branch of law that governs the imposition, assessment, and collection of taxes. Traditionally, it is divided into (a) general principles of taxation, (b) income taxation, (c) business taxation, (d) local taxation, (e) government’s tax remedies, (f) taxpayer’s remedies, (g) local tax remedies, and (h) tax appeals.

REMEDIAL LAW

Remedial law is that branch of law that prescribes the rules and procedures for enforcing rights and claims primarily in court. It includes (a) civil procedure, (b) criminal procedure, (c) evidence, (d) special proceedings, (e) special rules, (f) court and legal fees, (g) legal forms, and (h) court practice.

LEGAL ETHICS

Legal ethics, also known as ethics law, is that branch of law sets the standards of professional conduct for lawyers, judges and court employees. Strictly speaking, it is part of remedial law because it flows from the same power of the Supreme Court to promulgate rules regarding pleading, practice and procedure. It has the following divisions: (a) legal ethics; (b) judicial ethics; (c) ethics for judiciary employees; and (d) disciplinary cases and remedies.

OTHER SUBJECTS

Other important subjects in law school are (a) statutory construction, also known as legal hermeneutics, (b) legal writing, (c) judicial writing, (d) legal research, (e) environmental and natural resources law, (f) medical jurisprudence, (g) gender sensitivity law, and (h) law on women and children’s rights.


[1] CONSTI., Article VIII, Section 1.

[2] https://malegislature.gov/Laws/Constitution.