Legal System Overview
-Philippines-
“Utos ng batas,”
(COMMAND OF THE LAW)
Legal Systems
Overview of the Legal Framework: The Philippines operates under a civil law system that is influenced by Spanish and American legal principles, with a mix of customary and indigenous laws. The structure includes the Constitution, statutes passed by Congress, executive orders, and jurisprudence or case law.
Court Structure: The judiciary in the Philippines consists of Lower Courts (Municipal and Regional Trial Courts), Court of Appeals, and the Supreme Court, which is the highest authority. Specialized courts, such as the Family Court and Sandiganbayan (anti-corruption court), handle specific cases.
Legal Codes: The Civil Code covers contracts, property rights, family law, and other civil matters. The Revised Penal Code governs criminal law, and there are also labor codes, tax codes, and commercial laws regulating various aspects of life and business in the Philippines.
Key Differences from Western Legal Systems: Understanding how the Philippine legal system differs from Western systems is essential for expats to navigate life there effectively.
Mix of Civil & Common Law Principles: Unlike many Western countries, which may follow common law (like the U.S. and U.K.), the Philippines has a mixed system. It follows civil law traditions (rooted in Spanish influence) with common law principles from its American colonial period. For example, case law, while not binding as in the common law system, still influences court decisions significantly.
Lengthy Judicial Processes: Legal processes in the Philippines can often be slow and complex, particularly when cases go through multiple appeals. Compared to Western countries, where cases are often resolved quickly, it’s common for disputes to last longer in the Philippine courts.
Key Legal Areas Affecting Expats: Certain aspects of Philippine law have a particular impact on expats living in the country.
Property Ownership Restrictions: Similar to many Asian countries, foreigners are restricted from owning land directly in the Philippines. However, they can own condominiums, lease land for up to 50 years (renewable for another 25 years), or own property through a corporation that is 60% Filipino-owned. Expats should seek legal counsel before engaging in property transactions.
Immigration & Visa Rules: The Philippines has various visa options, from tourist visas to retirement visas (SRRV). Expats working in the Philippines need a 9(g) Work Visa and Alien Employment Permit (AEP). Working without the appropriate visa or permit is illegal and can lead to deportation.
Labor Laws & Employment Regulations: The Labor Code of the Philippines governs employment practices, offering strong protections for workers, including minimum wage laws, working hours, and benefits. Expats hiring local employees or working in the Philippines must comply with labor regulations, tax obligations, and social security contributions.
Your Legal Rights
General Rights as an Expat: As a foreigner living in the Philippines, you are subject to the local laws and have certain rights and protections, but there are also limitations. Understanding your rights regarding contracts, housing, and employment will help you navigate life in the country effectively.
Contracts & Agreements: Contracts signed in the Philippines, including those for housing, employment, and services, are legally binding. It’s essential to ensure that any contract you sign is clear and fair, and you have the right to seek legal advice. If a contract is written in Filipino or legal jargon, it's best to have it translated and reviewed.
Housing & Leasing Rights: Expats generally rent homes or apartments in the Philippines, and they are protected by the Civil Code under standard lease agreements. Landlords are required to provide a habitable property, and tenants have rights to privacy and fair treatment. Any security deposit, typically equivalent to one or two months’ rent, should be outlined in the lease agreement with clear terms for refunds and maintenance.
Employment Rights: If you're working in the Philippines, the Labor Code of the Philippines protects you, provided you hold a valid work visa and permit. Your contract should outline salary, work hours, benefits, and job responsibilities, and you are entitled to rights such as fair pay, reasonable working hours, and access to healthcare and social security benefits.
Protections, Obligations & Navigating Legal Concerns: Being aware of your protections and responsibilities can help you make informed decisions and avoid common pitfalls.
Property & Rental Protections: When renting a property, you are entitled to fair treatment, timely repairs, and maintenance. The landlord cannot arbitrarily increase rent or evict you without notice, and they are required to provide a written reason for any termination of the lease. It is advisable to work with a licensed real estate agent to ensure legal compliance when renting or purchasing property.
Work Permits & Employment Laws: Foreign workers must have a 9(g) Work Visa and an Alien Employment Permit (AEP) from the Department of Labor and Employment (DOLE). It’s crucial to work only within the scope of your permit, as engaging in any additional work outside of the permit can result in fines or deportation. Employers are also required to adhere to fair treatment and non-discrimination laws.
Consumer Rights & Protection: Expats are protected under the Consumer Act of the Philippines against unfair business practices, faulty goods, and deceptive advertising. If faced with issues like faulty products or poor service, you can file a complaint with the Department of Trade and Industry (DTI) or local consumer protection organizations.
Legal Assistance & Dispute Resolution: If you encounter any legal issues or disputes, several avenues are available to address your concerns.
Seeking Legal Advice: It’s advisable to seek legal counsel when dealing with significant matters, such as employment disputes, property issues, or contract disagreements. Many law firms specialize in assisting expats, and embassies often provide lists of reputable lawyers.
Mediation & Legal Resolution: The Philippine legal system encourages mediation as a first step in resolving disputes. For housing disputes, the Housing and Land Use Regulatory Board (HLURB) can help mediate issues between landlords and tenants. Employment disputes may be taken to the Department of Labor and Employment (DOLE) before advancing to court.