This guide will help you explore the legal systems of the 10 Southeast Asian countries that make up the Association of Southeast Asian Nations (ASEAN) – Brunei Darussalam, Cambodia, Indonesia, Laos, Malaysia, Myanmar (Burma), Philippines, Singapore, Thailand and Vietnam. Information on ASEAN and human rights can be found on the Southeast Asia page of our Human Rights Research Guide. Like the United States, decisions of the Supreme Court of the Philippines have the same authority as the laws that apply or interpret them. Only Supreme Court decisions establish jurisdiction and bind all other courts. Philippine law derives from case law. The Civil Code provides that “judicial decisions relating to or interpreting laws or the Constitution shall form part of the legal system of the Philippines.” The Philippine judicial system follows the following hierarchy. Civil and criminal proceedings are brought before the courts of first instance. Each court of first instance is presided over by a judge. The decisions of the courts of first instance may, in turn, be reviewed by the Court of Appeal, which consists of 23 chambers spread geographically throughout the country. There are three judges in each division. At the top of the judicial hierarchy is the Supreme Court, which consists of 15 judges. Cases brought before the Supreme Court are heard either in plenary or in division. Currently, the Supreme Court has three divisions.
Justice was repeatedly delayed in the late 1980s. Court calendars were clogged. Most of the lower courts lacked stenographers. A former judge reported in 1988 that judges regularly scheduled up to twenty hearings at a time, knowing that lawyers would only show up to request a postponement. A tax case heard in 1988 had been filed 50 years earlier, and a study by the Tax Court showed that even if judges worked 50% faster, it would take 476 years to catch up. Even in the spectacular case of the assassination of Senator Benigno Aquino in 1983, the judicial system did not function quickly and reliably. It took five years to convict some mid-ranking officers, and although the verdict indirectly alluded to the ultimate responsibility of then-Chief of Staff Fabian Ver, the court never dealt directly with the issue. * The basis of the Code is mainly Spanish and Anglo-American law. Islamic law applies among Muslims in parts of the southern Philippines.
Under the Constitution, persons charged with an offence have the right to be informed of the charges against them, to be represented by a lawyer and to conduct a speedy and fair public trial. Defendants also enjoy the presumption of innocence and have the right to confront witnesses, present evidence and appeal convictions. However, the judiciary suffers from corruption and inefficiency, which sometimes undermines due process and the equality of justice. As a result, the Supreme Court has implemented a five-year programme to expedite the judicial process and combat corruption. [Source: Library of Congress, 2006] The ASEAN Charter entered into force on 15 December 2008. This is the basis for the realization of the ASEAN Community by providing the legal status and institutional framework of ASEAN. It also codifies ASEAN norms, rules and values, sets clear objectives for ASEAN; and represents accountability and compliance. For detailed comments on the Charter, see the following book: “Puno is an unlikely revolutionary. He was appointed to the bank by the late dictator Ferdinand Marcos and, at 67, has only three years left to reach the mandatory retirement age of 70.
But that deadline has only pushed Puno to accelerate the pace of its agenda — purging the notoriously corrupt judiciary and creating legal accountability for the recent spate of political assassinations. In an interview, Puno said the killings were “like a repeat of the last years of the Marcos administration.” ~ Baer Reed is a Philippines-based LPO that provides legal advice to companies and law firms in the United States. U.S. laws and jurisprudence are considered a persuasive authority. Thus, if no Philippine authority is available as a precedent, jurisdiction may be based on U.S. law. For this reason, Philippine law libraries specifically contain U.S. reference materials, legal dictionaries, and court reports. Some law libraries in the Philippines also subscribe to U.S. legal research databases. An informal local system of mediation or mediation of certain issues operates outside the formal judicial system.
There is no jury system. The accused enjoy the presumption of innocence and have the right to confront witnesses, present evidence and appeal. The Philippines is plagued by violent crime, with weapons readily available and even used in minor conflicts. Supporters of the death penalty fear that the repeal could lead to an increase in crime. The suspension comes days before Arroyo travels to the Vatican for an audience with Pope Benedict XVI. Some analysts see the abolition of the death penalty as an attempt to win bishops` support for the president`s plan to move to a parliamentary system of government. Others say Arroyo is trying to dispel church opposition to government efforts to restart mining. The Supreme Court also regulates the practice of law in the Philippines, issues rules for admission to the bar and sanctions lawyers.
To be admitted to the Integrated Bar of the Philippines, candidates must pass an examination that is held once a year. Professional standards are similar to those in the United States; The Integrated Bar Association code is heavily based on the rules of the American Bar Association. About 30,000 lawyers practised in the Philippines in the mid-1980s, more than a third of them in Manila. Counselling for people in need, although not always available, is provided by State legal aid offices and various private organizations. Many private groups are actively engaged in “social justice” and are staffed by volunteers. * In January 2014, Delon Porcalla wrote in the Philippine Star: “For the umpteenth time, President Aquino yesterday rejected proposals to reinstate the death penalty after the flood of crimes in the country. Aquino said the country`s justice system is far from perfect, citing cases of innocent people convicted of crimes they didn`t commit simply because they couldn`t hire good lawyers. The President reiterated that he would not allow the reinstatement of the death penalty until there was certainty that only those found guilty would be punished and innocent people would be released. [Source: Delon Porcalla, Philippine Star, January 30, 2014] According to the 1973 Constitution, the Supreme Court, consisting of a chief justice and 14 associate judges, was the highest judicial body in the state with control over the lower courts. The entire judicial system was transformed in 1981 with the creation of new regional courts and courts of appeal.
