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The justice system in the Philippines is mixed legal system of civil, common, Islamic, and
customary law. The formal system of trials, appeals, and prisons is similar to that of the
United States. Civil code procedures on family and property and the absence of jury trial
were attributable to Spanish influences, but most important statutes governing trade and
commerce, labor relations, taxation, banking and currency, and governmental operations
were of United States derivation, introduced at the beginning of the twentieth century. Most
of the laws, official notices and court decisions, including those by the Supreme Court, are
in English. Even the Constitution is published more often in English than Tagalog. The bar
exams are in English.
The basis of the legal code is primarily Spanish and Anglo-American law. Islamic law
applies among Muslims in portions of the southern Philippines. According to the
constitution, those accused of crimes have the right to be informed of the charges against
them, to be represented by counsel, and to have 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 is said to suffer from corruption
and inefficiency, which at times undermine the provision of due process and equal justice.
As a result, the Supreme Court has undertaken a five-year program to speed up the judicial
process and crack down on corruption. [Source: Library of Congress, 2006]
Judicial institutions in the Philippines are regarded as weak and corrupt and notoriously
slow. Skilled lawyers can get their clients off of most charges by bogging down the system
with a flood of documents, motions and counter motions and then files for dismissal
because their client has been denied the right to a speedy trial. Philippine law calls for
compassion for people over 70.
For poor people the justice system operates quite differently than it does for the wealthy
and elite. They are most often represented by overworked public defenders who advise
their clients to plead guilty to hasten the process and hopefully get off with a light sentence.
In many places a system of patronage exists in which justice is defined as having enough
money to buy yourself out of any fix.