A HYBRID LEGAL SYSTEM

Through more than three centuries of Spanish Rule, the Roman Law legal system was transplanted in these 7,000 islands. By the Roman Law system, the basic ingredient is the enactment of positive law by the King or the Royal Audiencia, and the application of said law on the particular facts of the case. The resulting verdict is the result of a Judge pronouncing judgment on the persons involved subject to the varying sets of circumstances. The Common Law system, on the other hand, is based on the accumulation of Judicial Decisions that form the tapestry of the law as time goes on, applying the same to more and more varying sets of circumstances. This has given rise to the provision in the Civil Code of the Philippines, stating in essence, that Judicial Decisions form part of the law of the land. Thus, it is essential that students and professors of law keep themselves abreast of the latest decisions of the highest court of the land.

It can be seen therefore, that in the case of arriving at a judicial decision, the Civil Law system provides for a Judge handing such a decision; in the United States, the decision is handed by one’s peers, giving rise to the Jury system.

Arguments abound, pro and con, as to which method results in the ascertainment of Truth and the meting out of Just Decisions. The closest we have to the Jury system in our legal universe in the matter of the composition of the Impeachment Court. Sad to say, this feature of our judicial system had been bastardized, and the hearings going on are performative, rather than, a clinical dissection of truths and lies based on the evidence. Why performative? Because it looks like a declamation contest, and the lawyers and participants enter the courtroom with proper powder puffing of their eyebrows, and cheeks, for the right camera exposure. What do you think?