出国留学如何写好Law Essay:菲律宾民法渊源的essay范文 [2]
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关键词:菲律宾民法民法渊源Law Essay制定法律
摘要:本文是一篇分析菲律宾的民法渊源的 Law Essay,菲律宾来自公民的混合和普通法律的传统。公民法的传统是来源于西班牙,那里三个世纪以来一直统治菲律宾。在西班牙通知后,在接下来的四十年里,菲律宾属于美国,那就是普通法律传统来源的地方。我们的传统的第三部分就是菲律宾共和国的后美国时代。
President Manuel L. Quezon taken the first step towards codification of private law in the Philippines and created a Code Committee headed by Supreme Court Chief Justice Ramon Avancena, with his members namely Justice Jose P. Laurel, Justice Antonio Villareal, Dr. Jorge Bocobo, and Dr. Pedro Ylagan to formulate a civil code for the Philippines. Justice Alex Reyes and Justice Mariano A. Albert were appointed as additional members in June 1941. Later on they assigned Department of Justice, respectively as General Consultants to the Committee formerly Judge Roberto Concepcion now retired Chief Justice as well as formerly First Assistant Solicitor General Jose B.L. Reyes now Associate Justice of the Supreme Court.
The Code Committee was retained as an office in the Japanese-sponsored government during the military occupation of the Philippines. August 10, 1942 increased the membership to ten. As they begun their work of codification but unfortunately destroyed in the battle for the liberation of Manila in 1945. President Manuel A. Roxas created a new Code Commission on March 20, 1947 which composed of five members, in view of the “need for immediate revision of all existing substantive laws of the Philippines and of codifying them in conformity with the customs, traditions and idiosyncrasies of the Filipino people and with modern trends in legislation and the progressive principles of law” (Executive Order No. 48) and eventually approved on June 18, 1949, as Republic Act No. 386 as code of the Philippines [6] .
REGIONALIZATION
As can be seen from the above the Philippines have been a subject to many globalizing forces in term of law. The Spanish conquers was the first influence and spread their law across the worlds through the conquistadors to South America, Caribbean, Central America such as Mexico. The next globalising force was that of USA as they expanded their influence to the pacific. The Americans followed by the Japanese during the WWII. Regionalisation began as the Filipino people took on as different part of the civil law and common law tradition which is quite unique. Since independence there is further regionalisation as the law made by the Philippine parliament which is no longer have any connection with USA and Spain.
The flag of the Philippines have three stars which symbolize the 3 major regions namely Luzon, Visayas and Mindanao [7] . The largest among the 3 region is Luzon, Portuguese were the first European explorers who recorded it in their charts as Lu?onia or Lu?on and inhabitants were called Lu?oes. The Mindanao region or Autonomous Region in Muslim Mindanao “consists of provinces, cities, municipalities, and geographical areas sharing common and distinctive historical and cultural heritage, economic and social structures, and other relevant characteristics within the framework of the constitution” [8] . It is a region where most Islamic people live. Philippines recognised Shariah law which primary sources are Quran, Sunnah, Ijma, and Qiyas.
The territorial and political subdivisions of the Philippines are the autonomous regions, provinces, sub provinces, cities, municipalities and barangays [9] . Government of the Republic of the Philippines refers as “corporate governmental entity through which the functions of government are exercised throughout the Philippines, including, save as the contrary appears from the context, the
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