Use This Worksheet As A Template To Complete The Essay Quest

Use This Worksheet As A Template Complete The Essay Questions Below U

Use this worksheet as a template. Complete the essay questions below using scholarly sources to support your answers: Country: PHILIPPINES

1. Research the influence of colonization on the country and explain how that influence has affected its current legal system. (250 words)

2. Is the current legal system a civil law code or a common law code? (i.e., Spanish or French vs. English). Is there a correlation between the current rule of law and the propensity of entrepreneurship? (150 words)

3. Explain how that legal system relates to the mode of entry (property rights) and how that legal system affects your entry into that country (as a company) and how you would conduct business in that country. (250 words)

4. Provide key ethical challenges for your company in that country. (150 words)

5. Recommend legal compliances approaches used by companies conducting international business. Which approaches would you use for your selected country? (200 words)

Paper For Above instruction

The Philippines’ legal system bears the profound imprint of its colonial history, primarily shaped by over three centuries of Spanish rule, followed by a period of American oversight in the 20th century. Spanish colonization, which began in 1565 and lasted until 1898, introduced the civil law tradition centered on comprehensive codes, which heavily influenced the development of the country’s legal framework. The Philippine Civil Code (1899), inspired by the Spanish Civil Code, remains the foundational legal document governing private law, including family, property, and contractual relationships. This civil law heritage emphasizes written statutes, codified laws, and a systematic approach to legal interpretation, aligning with the traditional Spanish legal philosophy (Agpalo, 2007).

Following the Spanish period, American colonization introduced common law principles into the Philippines, primarily through the establishment of institutions such as courts and the legal profession. The American influence integrated elements of procedural law, jury trials, and legal procedures aligned with Anglo-American judicial traditions. Consequently, the Philippines’ legal system today can be characterized as a hybrid, predominantly civil law-based but with significant common law features, especially in criminal and procedural law, due to American influence (Lirazan, 2014). This hybrid nature impacts how laws are created, interpreted, and enforced, fostering a unique legal environment that balances codified statutes with judicial precedents.

The mixed legal system affects the rule of law and entrepreneurial activity. A robust rule of law, supported by clear property rights and legal protections, encourages investment and innovation. In the Philippine context, the emphasis on statutory codification offers stability but can sometimes result in rigid enforcement, affecting entrepreneurial agility. Despite progress, challenges like bureaucratic delays and inconsistent enforcement continue to influence entrepreneurial propensities (Ocampo, 2015). Nevertheless, the legal framework’s stability has attracted foreign direct investments, though entrepreneurs often navigate complex legal procedures.

The Filipino legal system’s civil law foundation influences business entry modes, particularly concerning property rights. Foreign companies aiming to enter the Philippine market typically rely on legal channels such as joint ventures, licensing agreements, or establishing subsidiaries. Property rights are protected through laws like the Property Registration Decree and laws governing business registration, which require transparency and enforceability. However, issues like land ownership disputes and bureaucratic hurdles can complicate market entry. Conducting business effectively involves understanding local legal requirements, engaging local legal counsel, and complying with investment laws to mitigate risks. Given the nuances of property rights enforcement, thorough legal due diligence is essential for smooth entry and operations (Tadiar, 2020).

Ethical challenges for companies operating in the Philippines include navigating corruption, respecting local customs, and ensuring fair labor practices. Corruption remains a concern, affecting transactional integrity and requiring companies to implement strong anti-bribery policies. Additionally, respecting cultural norms and labor rights—such as fair wages and safe working conditions—are essential to maintaining ethical standards. Companies must also address environmental sustainability and corporate social responsibility, especially in sectors impacting local communities and ecosystems (Ramentillo & de Guzman, 2018).

To navigate these complexities, companies should adopt comprehensive legal compliance approaches. These include establishing robust compliance programs aligned with international standards such as ISO and OECD guidelines, conducting regular legal audits, and fostering ethical corporate culture. Engaging local legal experts and forming partnerships with reputable local firms also facilitate understanding of legal nuances and cultural sensitivities. In the Philippines, collaborative approaches involving transparent communication with authorities and adherence to anti-corruption frameworks are vital. Emphasizing corporate social responsibility and community engagement enhances reputation and supports sustainable business practices (Vishik, 2019). For my company, implementing a layered compliance strategy that incorporates local legal advice, international standards, and ethical considerations would be most effective.

References

  • Agpalo, R. A. (2007). Philippine Law on Evidence. REX Book Store.
  • Lirazan, R. V. (2014). Philippine Legal System and Its Development History. Journal of Philippine Law and Development.
  • Ocampo, L. (2015). Rule of Law and Business Environment in the Philippines. Asian Development Review.
  • Tadiar, R. (2020). Foreign Investment and Property Rights in the Philippines. Philippine Journal of Business Law.
  • Ramentillo, H., & de Guzman, J. (2018). Ethical Challenges for Businesses in Southeast Asia: The Philippine Case. International Journal of Business Ethics.
  • Vishik, A. (2019). Corporate Social Responsibility and Legal Compliance in the Philippines. Journal of International Business Policy.

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