CHAPTER 1: Historial Overview 2.

Spanish Regime (1521-1898)

 Ferdinand Magellan in March 16, 1521
PH LEGAL SYSTEM – described as a blend of customary usage and Roman  Spanish laws and codes were extended to PH by royal
(Civil Law) and Anglo-American (Common law) systems. decrees or implications through issuance of special laws (i-
- Civil Law – family relations, property, succession, v all laws in Spanish colonies):
contract, criminal law i. Fuero Juzgo
- Statutes/Principles of Common law – constitutional law, ii. Fuero Real
procedure, corporation law, Negotiable instruments, iii. Las Siete Partidas
taxation, insurance, labor relations, banking. iv. Las Leyes de Toros
- Islamic law in some parts of PH v. Nueva Recopilacion de Las Leyes de Indias
vi. Novisima Recopilacion (laws from 15th century to
- this legal system is the result of the immigration of Muslim 1805)
Malays in 14th century and colonization of our islands by the
Spanish and Americans  At the end of Spanish rule
i. Codigo Penal de 1870 – extended in PH in 1887
HISTORICAL BACKGROUND ii. Ley Provisional para la Aplicaciones de las
Disposiciones del Codigo Penal en las Islas
1. Pre-Spanish Period (pre-1521) Filipinas in 1888
 Early Filipinos lived in barangays under native rules largely iii. Ley de Enjuiciamiento Criminal (Code of Criminal
customary and unwritten Procedure of 1872) – extended in 1888
 Maragtas Code by Datu Sumakwel of Panay Island issued iv. Ley de Enjuiciamiento Civil (Code of Civil
bet. 1200-1212 A.D. Procedure of 1856)
 Penal Code of Kalantiao by Datu Kalantiao in 1433 v. COdigo de Comercio (Code of Commerce of 1886)
 Codes in these customary laws dealt with family relations, vi. Codigo Civil de 1889 (except the portion relating
inheritance, divorce, usury, partnerships, loans, property to marriage)
rights, barter/sale, crime and punishment vii. Marriage Law of 1870
 The penal law: viii. Ley Hipotecaria (Mortgage law of 1861 –
i. distinguished between felonies and extended in 1889
misdemeanors ix. Ley de Minas (Mining Law of 1859)
ii. distinction between principal and accomplice in x. Ley Notarial de 1862
criminal liability xi. Railway Law of 1877
iii. had an idea of the qualifying and mitigating xii. Law of Foreigners for Ultramarine Provinces of
circumstances 1870
iv. recidivism as an aggravating circumstance xiii. Code of Military Justice
v. practiced trial by ordeal
3. Philippine Republic of 1898
 1872 – Filipinos revolted against Spain
 June 12, 1898 – independence was
proclaimed by Gen. Emilio Aguinaldo
 September 15, 1898 – a Revolutionary
Congress was convened
 January 20, 1899 – Malolos Constitution
was approved
i. Proclaimed popular sovereignty
and enumerated fundamental
civil and political rights of
individuals
ii. Republic exercised de facto
authority
4. American Era and the Commonwealth (1898-
1935; 1935-1946)
 End of Spanish-American War
 December 10, 1898 – signing of Treaty of
Paris; cession of the PH to US
 PH political laws were abrogated and
Spanish laws inconsistent with US Consti
and principles were superseded
 Government operated under different
organic laws:
i. President McKinley’s
Instructions to the 2nd PH
Commission on April 7, 1900
ii. Spooner Amendment of 1901
iii. Philippine Bill of 1902
iv. Jones Law of 1916
v. Tydings-McDuffie Law of 1934
1. A commonwealth gov’t
to be established with
10-year transitional
period before
independence
2. Granted Filipinos the
right to formulate own
Consti
3. February 8, 1935 – a
Consti was approved
4. March 23, 1935 – the
Consti signed by US
President Franklin D.
Roosevelt
5. May 14, 1935 – the
Consti was ratified at a
plebiscite; voters went
to polls and elected
executive & legislative
officials led my
President Quezon and
VP Osmena.
5. Japanese occupation (1941-1944)
 December 8, 1941 – PH invaded by
Japanese forces
 During their rue, 1943 Consti was drafted
and ratified by the special national
convention of Kapisanan sa Paglilingkod
ng Bagong Pilipinas (KALIBAPI)
i. Japanese-sponsored republic:
President Jose P. Laurel
6. Period of the Republic (1946-1972)
 July 4, 1946 – inauguration of PH
Republic
 1935 Constitution served as fundamental
law
i. Executive – President
ii. Legislative – bicameral congress
iii. Judicial – SC and inferior courts
established by law
 Due to agitation for legal and political
reforms, Congress adopted Resolution of
Both Houses (RBH) No. 2, amended by
RBH No. 4, calling for Consti Convention
for Consti amendments
 RBH was implemented by R.A. 6132;
Approved on August 24, 1970
 November 10, 1970 – election of 320
delegates for the convention
 June 1, 1971 – ConCon met and took 17
months to draft the new Consti
 While in session, Ferdinand E. Marcos (in
accordance with 1935 Consti) declared
Martial Law
 November 29, 1972 – ConCon completed
draft and submitted
 January 17, 1973 – the 1973 Constitution
was ratified; Proclamation No. 1104
issued declaring continuation of Martial
Law.
7. Martial Law Period (1972-1986)
 1973 Constitution – parliamentary
government; merged executive and
legislative powers
 i. Chief Executive, Prime Minister
are elected by majority of the
members of National Assembly
– could be dismissed by electing
a successor Prime Minister.
ii. Prime Minister had power to
advise President to dissolve
National Assembly and call for
general election; President
reduced to symbolic head of
state.
 Parliamentary was never implemented
i. 1973 Consti made the decrees of
President part of law of the land
 October 1976 Consti Amendments,
powers of President maintained, and an
Interim Batasang Pambansa was
created/same power as legislation.
 Amendment No. 3 – powers of president
and prime minister merged in Marcos
and became member of IBP
 Amendment No. 6 – president was
empowered to continue legislative
powers until Martial Law was lifted
 Amendment No. 7 – continuance of
barangays and sanggunians
 April 7, 1978; April 27 – 160 regional reps
elected to IBP; 14 reps youth, agri, labor
 June 12, 1978 - IBP convened with 192
members
 1980 Amendments in Consti – increased
SC retirement age from 65 to 70 years
 1981 Amendments – modified
presidential system
i. President – elected by people
for 6yr term
ii. Prime Minister - elected by
majority of Batasang Pambansa
upon nomination of President;
head of cabinet and ministries
iii. Executive Committee designated
by President (Prime + 14 mems
of BP) which assists the
president
iv. Tldr – the separation of powers
and its corollary rule of non-
delegation of power were
neither well-defined nor strictly
observed
 Martial Law was lifted on January 17,
1981 and military tribunals were
abolished by Proc. No. 2045.
 June 16, 1981 – presidential election and
Marcos got re-elected
 June 30, 1981 – Marcos’ inaugural
address, proclaimed 4th Republic under
the New Consti
 August 21, 1983 – assassination of
Senator Benigno Aquino triggered
demonstrations;
 1983 Consti Amendments:
i. Presidential succession by
creating VP and abolished Exec.
Comm.
ii. Representation in Batasang
Pambansa by province, city and
districts in Manila (instead of by
region)
 iii. Grant/distribution of public
lands to qualified tenants and
landless citizens
iv. Urban land reform and social
housing program
 May 14, 1984 – Batasang Pambansa
elections; 183 seats that convened on
July 23, 1984
 Impeachment resolution filed by 57
members but was denied by Batasan
Comm
 November 3, 1985 – Marcos called for
special president election
 February 7, 1986 snap elections
i. Corazon Aquino – Salvador
Laurel
ii. Ferdinand Marcos – Arturo
Tolentino
iii. Stuffed ballots, snatchings,
harassments, vote-buying –
Marcos won.
 February 25, 1986 - People Power
Revolution
8. Continuation of the Republic
 February 25, 1986 – Aquino took her
oath
i. Proclamation No. 1 – “taking
power in the name and by will of
the Filipino people
 Provisional Constitution (Freedom
Constitution) adopted in toto the
provisions for:
i. Art. 1 – national territory
ii. Art. 3 – citizenship
iii. Art. 4 – bill of rights
iv. Art. 5 – duties and obligations of
citizens
v. Art. 6 – suffrage
 Existing laws, et al., not inconsistent with
the proclamation were to remain
operative until amended by
President/legislative body under a new
Consti.
 ConCommission was constituted under
Proc. No. composed of 48 members to
draft Consti
i. 133 days; 45 to 2 vote
ii. 18 articles and 321 sections
iii. Submitted to President on
October 15, 1986
 February 2, 1987 – 1987 Constitution
was ratified
 May 11, 1992 – Fidel V. Ramos
 May 11, 1998 – Joseph Ejercito Estrada
 January 20, 2001 People Power - elected
Gloria Arroyo; reelected on May 11,
2004.