Common Law

Common Law Defined

Common law refers to the body of law based on customs and judicial decisions. In contrast to statutory laws that are enacted by legislatures, common law is unwritten and changes over time. Moreover, common law is developed by the competent court on a case-to-case basis depending on the peculiar circumstances present in individual disputes. Common law originated from the unwritten laws of England, which was later adopted by the United States. As such, all U.S. states, except Louisiana, adopted the English common law as the general law of the state. In contrast, the Philippines is predominantly a civil law country and courts in the Philippines cannot make or create a law. Instead, Philippine courts can only interpret statutes.