Legal Foundation

Constitution 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. Australias 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
Presidents 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 jurys
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 judges 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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